,in the ,senate of the ,united ,states1 ,august #aj1 #bjba4 ,amendment3 ,that the bill from the ,house of ,representatives 7,h4,r4 #cfhd7 entitled ,an ,act to authorize funds for ,federal-aid highways1 highway safety programs1 and transit programs1 and for other purposes41 do pass with the following ,strike all after the enacting clause and insert the following3 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,infrastructure ,investment and ,jobs ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,references4 ,,division ,a--,surface ,transportation ,sec4 #ajjja4 ,short title4 ,sec4 #ajjjb4 ,definitions4 ,sec4 #ajjjc4 ,effective date4 ,,title ,i--,federal-aid highways ,subtitle ,a--,authorizations and programs ,sec4 #aaaja4 ,authorization of appropriations4 ,sec4 #aaajb4 ,obligation ceiling4 ,sec4 #aaajc4 ,definitions4 ,sec4 #aaajd4 ,apportionment4 ,sec4 #aaaje4 ,national highway performance program4 ,sec4 #aaajf4 ,emergency relief4 ,sec4 #aaajg4 ,federal share payable4 ,sec4 #aaajh4 ,railway-highway grade crossings4 ,sec4 #aaaji4 ,surface transportation block grant program4 ,sec4 #aaaaj4 ,nationally significant freight and highway projects4 ,sec4 #aaaaa4 ,highway safety improvement program4 ,sec4 #aaaab4 ,federal lands transportation program4 ,sec4 #aaaac4 ,federal lands access program4 ,sec4 #aaaad4 ,national highway freight program4 ,sec4 #aaaae4 ,congestion mitigation and air quality improvement program4 ,sec4 #aaaaf4 ,alaska ,highway4 ,sec4 #aaaag4 ,toll roads1 bridges1 tunnels1 and ferries4 ,sec4 #aaaah4 ,bridge investment program4 ,sec4 #aaaai4 ,safe routes to school4 ,sec4 #aaabj4 ,highway use tax evasion projects4 ,sec4 #aaaba4 ,construction of ferry boats and ferry terminal facilities4 ,sec4 #aaabb4 ,vulnerable road user research4 ,sec4 #aaabc4 ,wildlife crossing safety4 ,sec4 #aaabd4 ,consolidation of programs4 ,sec4 #aaabe4 ,,gao report4 ,sec4 #aaabf4 ,territorial and ,puerto ,rico highway program4 ,sec4 #aaabg4 ,nationally significant ,federal lands and ,tribal projects program4 ,sec4 #aaabh4 ,tribal high priority projects program4 ,sec4 #aaabi4 ,standards4 ,sec4 #aaacj4 ,public transportation4 ,sec4 #aaaca4 ,reservation of certain funds4 ,sec4 #aaacb4 ,rural surface transportation grant program4 ,sec4 #aaacc4 ,bicycle transportation and pedestrian walkways4 ,sec4 #aaacd4 ,recreational trails program4 ,sec4 #aaace4 ,updates to ,manual on ,uniform ,traffic ,control ,devices4 ,subtitle ,b--,planning and performance management ,sec4 #aabja4 ,transportation planning4 ,sec4 #aabjb4 ,fiscal constraint on long-range transportation plans4 ,sec4 #aabjc4 ,state human capital plans4 ,sec4 #aabjd4 ,prioritization process pilot program4 ,sec4 #aabje4 ,travel demand data and modeling4 ,sec4 #aabjf4 ,increasing safe and accessible transportation options4 ,subtitle ,c--,project delivery and process improvement ,sec4 #aacja4 ,codification of ,one ,federal ,decision4 ,sec4 #aacjb4 ,work zone process reviews4 ,sec4 #aacjc4 ,transportation management plans4 ,sec4 #aacjd4 ,intelligent transportation systems4 ,sec4 #aacje4 ,alternative contracting methods4 ,sec4 #aacjf4 ,flexibility for projects4 ,sec4 #aacjg4 ,improved ,federal-,state stewardship and oversight agreements4 ,sec4 #aacjh4 ,geomatic data4 ,sec4 #aacji4 ,evaluation of projects within an operational right-of-way4 ,sec4 #aacaj4 ,preliminary engineering4 ,sec4 #aacaa4 ,efficient implementation of ,,nepa for ,federal land management projects4 ,sec4 #aacab4 ,national ,environmental ,policy ,act of #aifi reporting program4 ,sec4 #aacac4 ,surface transportation project delivery program written agreements4 ,sec4 #aacad4 ,state assumption of responsibility for categorical exclusions4 ,sec4 #aacae4 ,early utility relocation prior to transportation project environmental review4 ,sec4 #aacaf4 ,streamlining of section #d7;f7 reviews4 ,sec4 #aacag4 ,categorical exclusion for projects of limited ,federal assistance4 ,sec4 #aacah4 ,certain gathering lines located on ,federal land and ,indian land4 ,sec4 #aacai4 ,annual report4 ,subtitle ,d--,climate change ,sec4 #aadja4 ,grants for charging and fueling infrastructure4 ,sec4 #aadjb4 ,reduction of truck emissions at port facilities4 ,sec4 #aadjc4 ,carbon reduction program4 ,sec4 #aadjd4 ,congestion relief program4 ,sec4 #aadje4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 program4 ,sec4 #aadjf4 ,healthy ,streets program4 ,subtitle ,e--,miscellaneous ,sec4 #aaeja4 ,additional deposits into ,highway ,trust ,fund4 ,sec4 #aaejb4 ,stopping threats on pedestrians4 ,sec4 #aaejc4 ,transfer and sale of toll credits4 ,sec4 #aaejd4 ,study of impacts on roads from self-driving vehicles4 ,sec4 #aaeje4 ,disaster relief mobilization study4 ,sec4 #aaejf4 ,appalachian ,regional ,commission4 ,sec4 #aaejg4 ,denali ,commission4 ,sec4 #aaejh4 ,requirements for transportation projects carried out through public-private partnerships4 ,sec4 #aaeji4 ,reconnecting communities pilot program4 ,sec4 #aaeaj4 ,cybersecurity tool2 cyber coordinator4 ,sec4 #aaeaa4 ,report on emerging alternative fuel vehicles and infrastructure4 ,sec4 #aaeab4 ,nonhighway recreational fuel study4 ,sec4 #aaeac4 ,buy ,america4 ,sec4 #aaead4 ,high priority corridors on the ,national ,highway ,system4 ,sec4 #aaeae4 ,interstate weight limits4 ,sec4 #aaeaf4 ,report on air quality improvements4 ,sec4 #aaeag4 ,roadside highway safety hardware4 ,sec4 #aaeah4 ,permeable pavements study4 ,sec4 #aaeai4 ,emergency relief projects4 ,sec4 #aaebj4 ,study on stormwater best management practices4 ,sec4 #aaeba4 ,stormwater best management practices reports4 ,sec4 #aaebb4 ,invasive plant elimination program4 ,sec4 #aaebc4 ,over-the-road bus tolling equity4 ,sec4 #aaebd4 ,bridge terminology4 ,sec4 #aaebe4 ,technical corrections4 ,sec4 #aaebf4 ,working group on covered resources4 ,sec4 #aaebg4 ,blood transport vehicles4 ,sec4 #aaebh4 ,pollinator-friendly practices on roadsides and highway rights-of-way4 ,sec4 #aaebi4 ,active transportation infrastructure investment program4 ,sec4 #aaecj4 ,highway cost allocation study4 ,,title ,,ii--,transportation infrastructure finance and innovation ,sec4 #abjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments4 ,sec4 #abjjb4 ,federal requirements for ,,tifia eligibility and project selection4 ,,title ,,iii--,research1 technology1 and education ,sec4 #acjja4 ,strategic innovation for revenue collection4 ,sec4 #acjjb4 ,national motor vehicle per-mile user fee pilot4 ,sec4 #acjjc4 ,performance management data support program4 ,sec4 #acjjd4 ,data integration pilot program4 ,sec4 #acjje4 ,emerging technology research pilot program4 ,sec4 #acjjf4 ,research and technology development and deployment4 ,sec4 #acjjg4 ,workforce development1 training1 and education4 ,sec4 #acjjh4 ,wildlife-vehicle collision research4 ,sec4 #acjji4 ,transportation ,resilience and ,adaptation ,centers of ,excellence4 ,sec4 #acjaj4 ,transportation access pilot program4 ,,title ,,iv--,indian ,affairs ,sec4 #adjja4 ,definition of ,secretary4 ,sec4 #adjjb4 ,environmental reviews for certain tribal transportation facilities4 ,sec4 #adjjc4 ,programmatic agreements for tribal categorical exclusions4 ,sec4 #adjjd4 ,use of certain tribal transportation funds4 ,sec4 #adjje4 ,bureau of ,indian ,affairs road maintenance program4 ,sec4 #adjjf4 ,study of road maintenance on ,indian land4 ,sec4 #adjjg4 ,maintenance of certain ,indian reservation roads4 ,sec4 #adjjh4 ,tribal transportation safety needs4 ,sec4 #adjji4 ,office of ,tribal ,government ,affairs4 ,,division ,b--,surface ,transportation ,investment ,act of #bjba ,sec4 #bjjja4 ,short title4 ,sec4 #bjjjb4 ,definitions4 ,,title ,i--,multimodal and freight transportation ,subtitle ,a--,multimodal freight policy ,sec4 #baaja4 ,office of ,multimodal ,freight ,infrastructure and ,policy4 ,sec4 #baajb4 ,updates to ,national ,freight ,plan4 ,sec4 #baajc4 ,state collaboration with ,national ,multimodal ,freight ,network4 ,sec4 #baajd4 ,improving ,state freight plans4 ,sec4 #baaje4 ,implementation of ,national ,multimodal ,freight ,network4 ,sec4 #baajf4 ,multi-,state freight corridor planning4 ,sec4 #baajg4 ,state freight advisory committees4 ,subtitle ,b--,multimodal investment ,sec4 #babja4 ,national infrastructure project assistance4 ,sec4 #babjb4 ,local and regional project assistance4 ,sec4 #babjc4 ,national culvert removal1 replacement1 and restoration grant program4 ,sec4 #babjd4 ,national multimodal cooperative freight research program4 ,sec4 #babje4 ,rural and ,tribal infrastructure advancement4 ,subtitle ,c--,railroad rehabilitation and improvement financing reforms ,sec4 #bacja4 ,,rrif codification and reforms4 ,sec4 #bacjb4 ,substantive criteria and standards4 ,sec4 #bacjc4 ,semiannual report on transit-oriented development eligibility4 ,,title ,,ii--,rail ,sec4 #bbjja4 ,short title4 ,subtitle ,a--,authorization of appropriations ,sec4 #bbaja4 ,grants to ,amtrak4 ,sec4 #bbajb4 ,federal ,railroad ,administration4 ,sec4 #bbajc4 ,consolidated rail infrastructure and safety improvements grants4 ,sec4 #bbajd4 ,railroad crossing elimination program4 ,sec4 #bbaje4 ,restoration and enhancement grants4 ,sec4 #bbajf4 ,federal-,state partnership for intercity passenger rail grants4 ,sec4 #bbajg4 ,amtrak ,office of ,inspector ,general4 ,subtitle ,b--,amtrak reforms ,sec4 #bbbja4 ,amtrak findings1 mission1 and goals4 ,sec4 #bbbjb4 ,composition of ,amtrak's ,board of ,directors4 ,sec4 #bbbjc4 ,station agents4 ,sec4 #bbbjd4 ,increasing oversight of changes to ,amtrak long-distance routes and other intercity services4 ,sec4 #bbbje4 ,improved oversight of ,amtrak accounting4 ,sec4 #bbbjf4 ,improved oversight of ,amtrak spending4 ,sec4 #bbbjg4 ,increasing service line and asset line plan transparency4 ,sec4 #bbbjh4 ,passenger experience enhancement4 ,sec4 #bbbji4 ,amtrak smoking policy4 ,sec4 #bbbaj4 ,protecting ,amtrak routes through rural communities4 ,sec4 #bbbaa4 ,state-,supported ,route ,committee4 ,sec4 #bbbab4 ,enhancing cross border service4 ,sec4 #bbbac4 ,creating quality jobs4 ,sec4 #bbbad4 ,amtrak daily long-distance service study4 ,subtitle ,c--,intercity passenger rail policy ,sec4 #bbcja4 ,northeast ,corridor planning4 ,sec4 #bbcjb4 ,northeast ,corridor ,commission4 ,sec4 #bbcjc4 ,consolidated rail infrastructure and safety improvements4 ,sec4 #bbcjd4 ,restoration and enhancement grants4 ,sec4 #bbcje4 ,railroad crossing elimination program4 ,sec4 #bbcjf4 ,interstate rail compacts4 ,sec4 #bbcjg4 ,federal-,state partnership for intercity passenger rail grants4 ,sec4 #bbcjh4 ,corridor identification and development program4 ,sec4 #bbcji4 ,surface ,transportation ,board passenger rail program4 ,subtitle ,d--,rail safety ,sec4 #bbdja4 ,railway-highway crossings program evaluation4 ,sec4 #bbdjb4 ,grade crossing accident prediction model4 ,sec4 #bbdjc4 ,periodic updates to highway-rail crossing reports and plans4 ,sec4 #bbdjd4 ,blocked crossing portal4 ,sec4 #bbdje4 ,data accessibility4 ,sec4 #bbdjf4 ,emergency lighting4 ,sec4 #bbdjg4 ,comprehensive rail safety review of ,amtrak4 ,sec4 #bbdjh4 ,completion of hours of service and fatigue studies4 ,sec4 #bbdji4 ,positive train control study4 ,sec4 #bbdaj4 ,operating crew member training1 qualification1 and certification4 ,sec4 #bbdaa4 ,transparency and safety4 ,sec4 #bbdab4 ,research and development4 ,sec4 #bbdac4 ,rail research and development center of excellence4 ,sec4 #bbdad4 ,quarterly report on positive train control system performance4 ,sec4 #bbdae4 ,speed limit action plans4 ,sec4 #bbdaf4 ,new passenger service pre-revenue safety validation plan4 ,sec4 #bbdag4 ,federal ,railroad ,administration accident and incident investigations4 ,sec4 #bbdah4 ,civil penalty enforcement authority4 ,sec4 #bbdai4 ,advancing safety and innovative technology4 ,sec4 #bbdbj4 ,passenger rail vehicle occupant protection systems4 ,sec4 #bbdba4 ,federal ,railroad ,administration reporting requirements4 ,sec4 #bbdbb4 ,national ,academies study on trains longer than #g1ejj feet4 ,sec4 #bbdbc4 ,high-speed train noise emissions4 ,sec4 #bbdbd4 ,critical incident stress plans4 ,sec4 #bbdbe4 ,requirements for railroad freight cars placed into service in the ,united ,states4 ,sec4 #bbdbf4 ,railroad point of contact for public safety issues4 ,sec4 #bbdbg4 ,controlled substances testing for mechanical employees4 ,,title ,,iii--,motor carrier safety ,sec4 #bcjja4 ,authorization of appropriations4 ,sec4 #bcjjb4 ,motor carrier safety advisory committee4 ,sec4 #bcjjc4 ,combating human trafficking4 ,sec4 #bcjjd4 ,immobilization grant program4 ,sec4 #bcjje4 ,commercial motor vehicle enforcement training and support4 ,sec4 #bcjjf4 ,study of commercial motor vehicle crash causation4 ,sec4 #bcjjg4 ,promoting women in the trucking workforce4 ,sec4 #bcjjh4 ,state inspection of passenger-carrying commercial motor vehicles4 ,sec4 #bcjji4 ,truck ,leasing ,task ,force4 ,sec4 #bcjaj4 ,automatic emergency braking4 ,sec4 #bcjaa4 ,underride protection4 ,sec4 #bcjab4 ,providers of recreational activities4 ,sec4 #bcjac4 ,amendments to regulations relating to transportation of household goods in interstate commerce4 ,sec4 #bcjad4 ,improving ,federal-,state motor carrier safety enforcement coordination4 ,sec4 #bcjae4 ,limousine research4 ,sec4 #bcjaf4 ,national ,consumer ,complaint ,database4 ,sec4 #bcjag4 ,electronic logging device oversight4 ,sec4 #bcjah4 ,transportation of agricultural commodities and farm supplies4 ,sec4 #bcjai4 ,modification of restrictions on certain commercial driver's licenses4 ,sec4 #bcjbj4 ,report on human trafficking violations involving commercial motor vehicles4 ,sec4 #bcjba4 ,broker guidance relating to ,federal motor carrier safety regulations4 ,sec4 #bcjbb4 ,apprenticeship pilot program4 ,sec4 #bcjbc4 ,limousine compliance with ,federal safety standards4 ,,title ,,iv--,highway and motor vehicle safety ,subtitle ,a--,highway traffic safety ,sec4 #bdaja4 ,authorization of appropriations4 ,sec4 #bdajb4 ,highway safety programs4 ,sec4 #bdajc4 ,highway safety research and development4 ,sec4 #bdajd4 ,high-visibility enforcement programs4 ,sec4 #bdaje4 ,national priority safety programs4 ,sec4 #bdajf4 ,multiple substance-impaired driving prevention4 ,sec4 #bdajg4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence4 ,sec4 #bdajh4 ,crash data4 ,sec4 #bdaji4 ,review of ,move ,over or ,slow ,down ,law public awareness4 ,sec4 #bdaaj4 ,review of laws1 safety measures1 and technologies relating to school buses4 ,sec4 #bdaaa4 ,motorcyclist ,advisory ,council4 ,sec4 #bdaab4 ,safe ,streets and ,roads for ,all grant program4 ,sec4 #bdaac4 ,implementation of ,,gao recommendations4 ,subtitle ,b--,vehicle safety ,sec4 #bdbja4 ,authorization of appropriations4 ,sec4 #bdbjb4 ,recall completion4 ,sec4 #bdbjc4 ,recall engagement4 ,sec4 #bdbjd4 ,motor vehicle seat back safety standards4 ,sec4 #bdbje4 ,automatic shutoff4 ,sec4 #bdbjf4 ,petitions by interested persons for standards and enforcement4 ,sec4 #bdbjg4 ,child safety seat accessibility study4 ,sec4 #bdbjh4 ,crash avoidance technology4 ,sec4 #bdbji4 ,reduction of driver distraction4 ,sec4 #bdbaj4 ,rulemaking report4 ,sec4 #bdbaa4 ,global harmonization4 ,sec4 #bdbab4 ,headlamps4 ,sec4 #bdbac4 ,new ,car ,assessment ,program4 ,sec4 #bdbad4 ,hood and bumper standards4 ,sec4 #bdbae4 ,emergency medical services and #i-a-a4 ,sec4 #bdbaf4 ,early warning reporting4 ,sec4 #bdbag4 ,improved vehicle safety databases4 ,sec4 #bdbah4 ,national ,driver ,register ,advisory ,committee repeal4 ,sec4 #bdbai4 ,research on connected vehicle technology4 ,sec4 #bdbbj4 ,advanced impaired driving technology4 ,sec4 #bdbba4 ,,gao report on crash dummies4 ,sec4 #bdbbb4 ,child safety4 ,,title ,v--,research and innovation ,sec4 #bejja4 ,intelligent ,transportation ,systems ,program ,advisory ,committee4 ,sec4 #bejjb4 ,smart ,community ,resource ,center4 ,sec4 #bejjc4 ,federal support for local decisionmaking4 ,sec4 #bejjd4 ,bureau of ,transportation ,statistics4 ,sec4 #bejje4 ,strengthening mobility and revolutionizing transportation grant program4 ,sec4 #bejjf4 ,electric vehicle working group4 ,sec4 #bejjg4 ,risk and system resilience4 ,sec4 #bejjh4 ,coordination on emerging transportation technology4 ,sec4 #bejji4 ,interagency ,infrastructure ,permitting ,improvement ,center4 ,sec4 #bejaj4 ,rural opportunities to use transportation for economic success initiative4 ,sec4 #bejaa4 ,safety data initiative4 ,sec4 #bejab4 ,advanced transportation research4 ,sec4 #bejac4 ,open research initiative4 ,sec4 #bejad4 ,transportation research and development #e-year strategic plan4 ,sec4 #bejae4 ,research planning modifications4 ,sec4 #bejaf4 ,incorporation of ,department of ,transportation research4 ,sec4 #bejag4 ,university transportation centers program4 ,sec4 #bejah4 ,national travel and tourism infrastructure strategic plan4 ,sec4 #bejai4 ,local hiring preference for construction jobs4 ,sec4 #bejbj4 ,transportation workforce development4 ,sec4 #bejba4 ,intermodal ,transportation ,advisory ,board repeal4 ,sec4 #bejbb4 ,,gao cybersecurity recommendations4 ,sec4 #bejbc4 ,volpe oversight4 ,sec4 #bejbd4 ,modifications to grant program4 ,sec4 #bejbe4 ,drug-impaired driving data collection4 ,sec4 #bejbf4 ,report on marijuana research4 ,sec4 #bejbg4 ,,gao study on improving the efficiency of traffic systems4 ,,title ,,vi--,hazardous materials ,sec4 #bfjja4 ,authorization of appropriations4 ,sec4 #bfjjb4 ,assistance for local emergency response training grant program4 ,sec4 #bfjjc4 ,real-time emergency response information4 ,,title ,,vii--,general provisions ,sec4 #bgjja4 ,performance measurement1 transparency1 and accountability4 ,sec4 #bgjjb4 ,coordination regarding forced labor4 ,sec4 #bgjjc4 ,department of ,transportation spectrum audit4 ,sec4 #bgjjd4 ,study and reports on the travel and tourism activities of the ,department4 ,,title ,,viii--,sport fish restoration and recreational boating safety ,sec4 #bhjja4 ,sport fish restoration and recreational boating safety4 ,,division ,c--,transit ,sec4 #cjjja4 ,definitions4 ,sec4 #cjjjb4 ,metropolitan transportation planning4 ,sec4 #cjjjc4 ,statewide and nonmetropolitan transportation planning4 ,sec4 #cjjjd4 ,planning programs4 ,sec4 #cjjje4 ,fixed guideway capital investment grants4 ,sec4 #cjjjf4 ,formula grants for rural areas4 ,sec4 #cjjjg4 ,public transportation innovation4 ,sec4 #cjjjh4 ,bus testing facilities4 ,sec4 #cjjji4 ,transit-oriented development4 ,sec4 #cjjaj4 ,general provisions4 ,sec4 #cjjaa4 ,public transportation emergency relief program4 ,sec4 #cjjab4 ,public transportation safety program4 ,sec4 #cjjac4 ,administrative provisions4 ,sec4 #cjjad4 ,national transit database4 ,sec4 #cjjae4 ,apportionment of appropriations for formula grants4 ,sec4 #cjjaf4 ,state of good repair grants4 ,sec4 #cjjag4 ,authorizations4 ,sec4 #cjjah4 ,grants for buses and bus facilities4 ,sec4 #cjjai4 ,washington ,metropolitan ,area ,transit ,authority safety1 accountability1 and investment4 ,,division ,d--,energy ,sec4 #djjja4 ,definitions4 ,,title ,i--,grid infrastructure and resiliency ,subtitle ,a--,grid infrastructure resilience and reliability ,sec4 #djaja4 ,preventing outages and enhancing the resilience of the electric grid4 ,sec4 #djajb4 ,hazard mitigation using disaster assistance4 ,sec4 #djajc4 ,electric grid reliability and resilience research1 development1 and demonstration4 ,sec4 #djajd4 ,utility demand response4 ,sec4 #djaje4 ,siting of interstate electric transmission facilities4 ,sec4 #djajf4 ,transmission facilitation program4 ,sec4 #djajg4 ,deployment of technologies to enhance grid flexibility4 ,sec4 #djajh4 ,state energy security plans4 ,sec4 #djaji4 ,state energy program4 ,sec4 #djaaj4 ,power marketing administration transmission borrowing authority4 ,sec4 #djaaa4 ,study of codes and standards for use of energy storage systems across sectors4 ,sec4 #djaab4 ,demonstration of electric vehicle battery second-life applications for grid services4 ,sec4 #djaac4 ,columbia ,basin power management4 ,subtitle ,b--,cybersecurity ,sec4 #djaba4 ,enhancing grid security through public-private partnerships4 ,sec4 #djabb4 ,energy ,cyber ,sense program4 ,sec4 #djabc4 ,incentives for advanced cybersecurity technology investment4 ,sec4 #djabd4 ,rural and municipal utility advanced cybersecurity grant and technical assistance program4 ,sec4 #djabe4 ,enhanced grid security4 ,sec4 #djabf4 ,cybersecurity plan4 ,sec4 #djabg4 ,savings provision4 ,,title ,,ii--,supply chains for clean energy technologies ,sec4 #djbja4 ,earth ,mapping ,resources ,initiative4 ,sec4 #djbjb4 ,national ,cooperative ,geologic ,mapping ,program4 ,sec4 #djbjc4 ,national ,geological and ,geophysical ,data ,preservation ,program4 ,sec4 #djbjd4 ,,usgs energy and minerals research facility4 ,sec4 #djbje4 ,rare earth elements demonstration facility4 ,sec4 #djbjf4 ,critical minerals supply chains and reliability4 ,sec4 #djbjg4 ,battery processing and manufacturing4 ,sec4 #djbjh4 ,electric drive vehicle battery recycling and second-life applications program4 ,sec4 #djbji4 ,advanced energy manufacturing and recycling grant program4 ,sec4 #djbaj4 ,critical minerals mining and recycling research4 ,sec4 #djbaa4 #bast ,century ,energy ,workforce ,advisory ,board4 ,,title ,,iii--,fuels and technology infrastructure investments ,subtitle ,a--,carbon capture1 utilization1 storage1 and transportation infrastructure ,sec4 #djcja4 ,findings4 ,sec4 #djcjb4 ,carbon utilization program4 ,sec4 #djcjc4 ,carbon capture technology program4 ,sec4 #djcjd4 ,carbon dioxide transportation infrastructure finance and innovation4 ,sec4 #djcje4 ,carbon storage validation and testing4 ,sec4 #djcjf4 ,secure geologic storage permitting4 ,sec4 #djcjg4 ,geologic carbon sequestration on the outer ,continental ,shelf4 ,sec4 #djcjh4 ,carbon removal4 ,subtitle ,b--,hydrogen research and development ,sec4 #djcaa4 ,findings2 purpose4 ,sec4 #djcab4 ,definitions4 ,sec4 #djcac4 ,clean hydrogen research and development program4 ,sec4 #djcad4 ,additional clean hydrogen programs4 ,sec4 #djcae4 ,clean hydrogen production qualifications4 ,subtitle ,c--,nuclear energy infrastructure ,sec4 #djcba4 ,infrastructure planning for micro and small modular nuclear reactors4 ,sec4 #djcbb4 ,property interests relating to certain projects and protection of information relating to certain agreements4 ,sec4 #djcbc4 ,civil nuclear credit program4 ,subtitle ,d--,hydropower ,sec4 #djcca4 ,hydroelectric production incentives4 ,sec4 #djccb4 ,hydroelectric efficiency improvement incentives4 ,sec4 #djccc4 ,maintaining and enhancing hydroelectricity incentives4 ,sec4 #djccd4 ,pumped storage hydropower wind and solar integration and system reliability initiative4 ,sec4 #djcce4 ,authority for pumped storage hydropower development using multiple ,bureau of ,reclamation reservoirs4 ,sec4 #djccf4 ,limitations on issuance of certain leases of power privilege4 ,subtitle ,e--,miscellaneous ,sec4 #djcda4 ,solar energy technologies on current and former mine land4 ,sec4 #djcdb4 ,clean energy demonstration program on current and former mine land4 ,sec4 #djcdc4 ,leases1 easements1 and rights-of-way for energy and related purposes on the outer ,continental ,shelf4 ,,title ,,iv--,enabling energy infrastructure investment and data collection ,subtitle ,a--,department of ,energy loan program ,sec4 #djdja4 ,department of ,energy loan programs4 ,subtitle ,b--,energy ,information ,administration ,sec4 #djdaa4 ,definitions4 ,sec4 #djdab4 ,data collection in the electricity sector4 ,sec4 #djdac4 ,expansion of energy consumption surveys4 ,sec4 #djdad4 ,data collection on electric vehicle integration with the electricity grids4 ,sec4 #djdae4 ,plan for the modeling and forecasting of demand for minerals used in the energy sector4 ,sec4 #djdaf4 ,expansion of international energy data4 ,sec4 #djdag4 ,plan for the ,national ,energy ,modeling ,system4 ,sec4 #djdah4 ,report on costs of carbon abatement in the electricity sector4 ,sec4 #djdai4 ,harmonization of efforts and data4 ,subtitle ,c--,miscellaneous ,sec4 #djdca4 ,consideration of measures to promote greater electrification of the transportation sector4 ,sec4 #djdcb4 ,office of public participation4 ,sec4 #djdcc4 ,digital climate solutions report4 ,sec4 #djdcd4 ,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 pipeline4 ,sec4 #djdce4 ,study on impact of electric vehicles4 ,sec4 #djdcf4 ,study on impact of forced labor in ,china on the electric vehicle supply chain4 ,,title ,v--,energy efficiency and building infrastructure ,subtitle ,a--,residential and commercial energy efficiency ,sec4 #djeja4 ,definitions4 ,sec4 #djejb4 ,energy efficiency revolving loan fund capitalization grant program4 ,sec4 #djejc4 ,energy auditor training grant program4 ,subtitle ,b--,buildings ,sec4 #djeaa4 ,cost-effective codes implementation for efficiency and resilience4 ,sec4 #djeab4 ,building1 training1 and assessment centers4 ,sec4 #djeac4 ,career skills training4 ,sec4 #djead4 ,commercial building energy consumption information sharing4 ,subtitle ,c--,industrial energy efficiency ,,part ,i--,industry ,sec4 #djeba4 ,future of industry program and industrial research and assessment centers4 ,sec4 #djebb4 ,sustainable manufacturing initiative4 ,,part ,,ii--,smart manufacturing ,sec4 #djeca4 ,definitions4 ,sec4 #djecb4 ,leveraging existing agency programs to assist small and medium manufacturers4 ,sec4 #djecc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories4 ,sec4 #djecd4 ,state manufacturing leadership4 ,sec4 #djece4 ,report4 ,subtitle ,d--,schools and nonprofits ,sec4 #djeda4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities4 ,sec4 #djedb4 ,energy efficiency materials pilot program4 ,subtitle ,e--,miscellaneous ,sec4 #djeea4 ,weatherization assistance program4 ,sec4 #djeeb4 ,energy ,efficiency and ,conservation ,block ,grant ,program4 ,sec4 #djeec4 ,survey1 analysis1 and report on employment and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states4 ,sec4 #djeed4 ,assisting ,federal ,facilities with ,energy ,conservation ,technologies grant program4 ,sec4 #djeee4 ,rebates4 ,sec4 #djeef4 ,model guidance for combined heat and power systems and waste heat to power systems4 ,,title ,,vi--,methane reduction infrastructure ,sec4 #djfja4 ,orphaned well site plugging1 remediation1 and restoration4 ,,title ,,vii--,abandoned mine land reclamation ,sec4 #djgja4 ,abandoned ,mine ,reclamation ,fund authorization of appropriations4 ,sec4 #djgjb4 ,abandoned mine reclamation fee4 ,sec4 #djgjc4 ,amounts distributed from ,abandoned ,mine ,reclamation ,fund4 ,sec4 #djgjd4 ,abandoned hardrock mine reclamation4 ,,title ,,viii--,natural resources-related infrastructure1 wildfire management1 and ecosystem restoration ,sec4 #djhja4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program4 ,sec4 #djhjb4 ,study and report on feasibility of revegetating reclaimed mine sites4 ,sec4 #djhjc4 ,wildfire risk reduction4 ,sec4 #djhjd4 ,ecosystem restoration4 ,sec4 #djhje4 ,,gao study4 ,sec4 #djhjf4 ,establishment of fuel breaks in forests and other wildland vegetation4 ,sec4 #djhjg4 ,emergency actions4 ,sec4 #djhjh4 ,joint ,chiefs ,landscape ,restoration ,partnership program4 ,,title ,,ix--,western water infrastructure ,sec4 #djija4 ,authorizations of appropriations4 ,sec4 #djijb4 ,water storage1 groundwater storage1 and conveyance projects4 ,sec4 #djijc4 ,small water storage and groundwater storage projects4 ,sec4 #djijd4 ,critical maintenance and repair4 ,sec4 #djije4 ,competitive grant program for large-scale water recycling and reuse program4 ,sec4 #djijf4 ,drought contingency plan funding requirements4 ,sec4 #djijg4 ,multi-benefit projects to improve watershed health4 ,sec4 #djijh4 ,eligible desalination projects4 ,sec4 #djiji4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized ,bureau of ,reclamation water projects4 ,sec4 #djiaj4 ,federal assistance for groundwater recharge1 aquifer storage1 and water source substitution projects4 ,,title ,x--,authorization of appropriations for ,energy ,act of #bjbj ,sec4 #dajja4 ,energy storage demonstration projects4 ,sec4 #dajjb4 ,advanced reactor demonstration program4 ,sec4 #dajjc4 ,mineral security projects4 ,sec4 #dajjd4 ,carbon capture demonstration and pilot programs4 ,sec4 #dajje4 ,direct air capture technologies prize competitions4 ,sec4 #dajjf4 ,water power projects4 ,sec4 #dajjg4 ,renewable energy projects4 ,sec4 #dajjh4 ,industrial emissions demonstration projects4 ,,title ,,xi--,wage rate requirements ,sec4 #daaja4 ,wage rate requirements4 ,,title ,,xii--,miscellaneous ,sec4 #dabja4 ,office of ,clean ,energy ,demonstrations4 ,sec4 #dabjb4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj4 ,,division ,e--,drinking water and wastewater infrastructure ,sec4 #ejjja4 ,short title4 ,sec4 #ejjjb4 ,definition of ,administrator4 ,,title ,i--,drinking water ,sec4 #ejaja4 ,technical assistance and grants for emergencies affecting public water systems4 ,sec4 #ejajb4 ,drinking water ,state revolving loan funds4 ,sec4 #ejajc4 ,source water petition program4 ,sec4 #ejajd4 ,assistance for small and disadvantaged communities4 ,sec4 #ejaje4 ,reducing lead in drinking water4 ,sec4 #ejajf4 ,operational sustainability of small public water systems4 ,sec4 #ejajg4 ,midsize and large drinking water system infrastructure resilience and sustainability program4 ,sec4 #ejajh4 ,needs assessment for nationwide rural and urban low-income community water assistance4 ,sec4 #ejaji4 ,rural and low-income water assistance pilot program4 ,sec4 #ejaaj4 ,lead contamination in school drinking water4 ,sec4 #ejaaa4 ,indian reservation drinking water program4 ,sec4 #ejaab4 ,advanced drinking water technologies4 ,sec4 #ejaac4 ,cybersecurity support for public water systems4 ,sec4 #ejaad4 ,state response to contaminants4 ,sec4 #ejaae4 ,annual study on boil water advisories4 ,,title ,,ii--,clean water ,sec4 #ejbja4 ,research1 investigations1 training1 and information4 ,sec4 #ejbjb4 ,wastewater efficiency grant pilot program4 ,sec4 #ejbjc4 ,pilot program for alternative water source projects4 ,sec4 #ejbjd4 ,sewer overflow and stormwater reuse municipal grants4 ,sec4 #ejbje4 ,clean water infrastructure resiliency and sustainability program4 ,sec4 #ejbjf4 ,small and medium publicly owned treatment works circuit rider program4 ,sec4 #ejbjg4 ,small publicly owned treatment works efficiency grant program4 ,sec4 #ejbjh4 ,grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income4 ,sec4 #ejbji4 ,connection to publicly owned treatment works4 ,sec4 #ejbaj4 ,clean water ,state revolving funds4 ,sec4 #ejbaa4 ,water infrastructure and workforce investment4 ,sec4 #ejbab4 ,grants to ,alaska to improve sanitation in rural and ,native villages4 ,sec4 #ejbac4 ,water data sharing pilot program4 ,sec4 #ejbad4 ,final rating opinion letters4 ,sec4 #ejbae4 ,water infrastructure financing reauthorization4 ,sec4 #ejbaf4 ,small and disadvantaged community analysis4 ,sec4 #ejbag4 ,stormwater infrastructure technology4 ,sec4 #ejbah4 ,water ,reuse ,interagency ,working ,group4 ,sec4 #ejbai4 ,advanced clean water technologies study4 ,sec4 #ejbbj4 ,clean watersheds needs survey4 ,sec4 #ejbba4 ,water ,resources ,research ,act amendments4 ,sec4 #ejbbb4 ,enhanced aquifer use and recharge4 ,,division ,f--,broadband ,,title ,i--,broadband grants for ,states1 ,district of ,columbia1 ,puerto ,rico1 and territories ,sec4 #fjaja4 ,findings4 ,sec4 #fjajb4 ,grants for broadband deployment4 ,sec4 #fjajc4 ,broadband ,,data maps4 ,sec4 #fjajd4 ,report on future of ,universal ,service ,fund4 ,sec4 #fjaje4 ,broadband deployment locations map4 ,,title ,,ii--,tribal connectivity technical amendments4 ,sec4 #fjbja4 ,tribal connectivity technical amendments4 ,,title ,,iii--,digital ,equity ,act of #bjba ,sec4 #fjcja4 ,short title4 ,sec4 #fjcjb4 ,definitions4 ,sec4 #fjcjc4 ,sense of ,congress4 ,sec4 #fjcjd4 ,state ,digital ,equity ,capacity ,grant ,program4 ,sec4 #fjcje4 ,digital ,equity ,competitive ,grant ,program4 ,sec4 #fjcjf4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination4 ,sec4 #fjcjg4 ,general provisions4 ,,title ,,iv--,enabling middle mile broadband infrastructure ,sec4 #fjdja4 ,enabling middle mile broadband infrastructure4 ,,title ,v--,broadband affordability ,sec4 #fjeja4 ,definitions4 ,sec4 #fjejb4 ,broadband affordability4 ,sec4 #fjejc4 ,coordination with certain other ,federal agencies4 ,sec4 #fjejd4 ,adoption of consumer broadband labels4 ,sec4 #fjeje4 ,,gao report4 ,sec4 #fjejf4 ,digital discrimination4 ,,title ,,vi--,telecommunications industry workforce ,sec4 #fjfja4 ,short title4 ,sec4 #fjfjb4 ,telecommunications interagency working group4 ,sec4 #fjfjc4 ,telecommunications workforce guidance4 ,sec4 #fjfjd4 ,,gao assessment of workforce needs of the telecommunications industry4 ,,division ,g--,other authorizations ,,title ,i--,indian ,water ,rights ,settlement ,completion ,fund ,sec4 #gjaja4 ,indian ,water ,rights ,settlement ,completion ,fund4 ,,title ,,ii--,wildfire mitigation ,sec4 #gjbja4 ,short title4 ,sec4 #gjbjb4 ,definitions4 ,sec4 #gjbjc4 ,establishment of ,commission4 ,sec4 #gjbjd4 ,duties of ,commission4 ,sec4 #gjbje4 ,powers of ,commission4 ,sec4 #gjbjf4 ,commission personnel matters4 ,sec4 #gjbjg4 ,termination of ,commission4 ,,title ,,iii--,reforestation ,sec4 #gjcja4 ,short title4 ,sec4 #gjcjb4 ,reforestation following wildfires and other unplanned events4 ,sec4 #gjcjc4 ,report4 ,,title ,,iv--,recycling practices ,sec4 #gjdja4 ,best practices for battery recycling and labeling guidelines4 ,sec4 #gjdjb4 ,consumer recycling education and outreach grant program2 ,federal procurement4 ,,title ,v--,bioproduct pilot program ,sec4 #gjeja4 ,pilot program on use of agricultural commodities in construction and consumer products4 ,,title ,,vi--,cybersecurity ,subtitle ,a--,cyber ,response and ,recovery ,act ,sec4 #gjfja4 ,short title4 ,sec4 #gjfjb4 ,declaration of a significant incident4 ,subtitle ,b--,state and ,local ,cybersecurity ,improvement ,act ,sec4 #gjfaa4 ,short title4 ,sec4 #gjfab4 ,state and ,local ,cybersecurity ,grant ,program4 ,,title ,,vii--,public-private partnerships ,sec4 #gjgja4 ,value for money analysis4 ,,title ,,viii--,federal permitting improvement ,sec4 #gjhja4 ,federal permitting improvement4 ,,title ,,ix--,build ,america1 ,buy ,america ,subtitle ,a--,build ,america1 ,buy ,america ,sec4 #gjija4 ,short title4 ,,part ,i--,buy ,america sourcing requirements ,sec4 #gjiaa4 ,findings4 ,sec4 #gjiab4 ,definitions4 ,sec4 #gjiac4 ,identification of deficient programs4 ,sec4 #gjiad4 ,application of ,buy ,america preference4 ,sec4 #gjiae4 ,,omb guidance and standards4 ,sec4 #gjiaf4 ,technical assistance partnership and consultation supporting ,department of ,transportation ,buy ,america requirements4 ,sec4 #gjiag4 ,application4 ,,part ,,ii--,make it in ,america ,sec4 #gjiba4 ,regulations relating to ,buy ,american ,act4 ,sec4 #gjibb4 ,amendments relating to ,buy ,american ,act4 ,sec4 #gjibc4 ,made in ,america ,office4 ,sec4 #gjibd4 ,hollings ,manufacturing ,extension ,partnership activities4 ,sec4 #gjibe4 ,united ,states obligations under international agreements4 ,sec4 #gjibf4 ,definitions4 ,sec4 #gjibg4 ,prospective amendments to internal cross-references4 ,subtitle ,b--,buy,american4gov ,sec4 #gjica4 ,short title4 ,sec4 #gjicb4 ,definitions4 ,sec4 #gjicc4 ,sense of ,congress on buying ,american4 ,sec4 #gjicd4 ,assessment of impact of free trade agreements4 ,sec4 #gjice4 ,judicious use of waivers4 ,sec4 #gjicf4 ,establishment of ,buy,american4gov website4 ,sec4 #gjicg4 ,waiver ,transparency and ,streamlining for contracts4 ,sec4 #gjich4 ,comptroller ,general report4 ,sec4 #gjici4 ,rules of construction4 ,sec4 #gjidj4 ,consistency with international agreements4 ,sec4 #gjida4 ,prospective amendments to internal cross-references4 ,subtitle ,c--,make ,,ppe in ,america ,sec4 #gjiea4 ,short title4 ,sec4 #gjieb4 ,findings4 ,sec4 #gjiec4 ,requirement of long-term contracts for domestically manufactured personal protective equipment4 ,,title ,x--,asset concessions ,sec4 #gajja4 ,asset concessions4 ,,title ,,xi--,clean school buses and ferries ,sec4 #gaaja4 ,clean school bus program4 ,sec4 #gaajb4 ,electric or low-emitting ferry pilot program4 ,sec4 #gaajc4 ,ferry service for rural communities4 ,sec4 #gaajd4 ,expanding the funding authority for renovating1 constructing1 and expanding certain facilities4 ,,division ,h--,revenue provisions ,,title ,i--,highway trust fund ,sec4 #hjaja4 ,extension of ,highway ,trust ,fund expenditure authority4 ,sec4 #hjajb4 ,extension of highway-related taxes4 ,sec4 #hjajc4 ,further additional transfers to trust fund4 ,,title ,,ii--,chemical superfund ,sec4 #hjbja4 ,extension and modification of certain superfund excise taxes4 ,,title ,,iii--,customs user fees ,sec4 #hjcja4 ,extension of customs user fees4 ,,title ,,iv--,bond ,provisions ,sec4 #hjdja4 ,private activity bonds for qualified broadband projects4 ,sec4 #hjdjb4 ,carbon dioxide capture facilities4 ,sec4 #hjdjc4 ,increase in national limitation amount for qualified highway or surface freight transportation facilities4 ,,title ,v--,relief for taxpayers affected by disasters or other critical events ,sec4 #hjeja4 ,modification of automatic extension of certain deadlines in the case of taxpayers affected by ,federally declared disasters4 ,sec4 #hjejb4 ,modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation4 ,sec4 #hjejc4 ,tolling of time for filing a petition with the tax court4 ,sec4 #hjejd4 ,authority to postpone certain tax deadlines by reason of significant fires4 ,,title ,,vi--,other provisions ,sec4 #hjfja4 ,modification of tax treatment of contributions to the capital of a corporation4 ,sec4 #hjfjb4 ,extension of interest rate stabilization4 ,sec4 #hjfjc4 ,information reporting for brokers and digital assets4 ,sec4 #hjfjd4 ,termination of employee retention credit for employers subject to closure due to ,,covid-#ai4 ,,division ,i--,other matters ,sec4 #ijjja4 ,extension of direct spending reductions through fiscal year #bjca4 ,sec4 #ijjjb4 ,strategic ,petroleum ,reserve drawdown and sale4 ,sec4 #ijjjc4 ,findings regarding unused unemployment insurance funds4 ,sec4 #ijjjd4 ,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 drugs4 ,sec4 #ijjje4 ,extension of enterprise guarantee fees4 ,sec4 #ijjjf4 ,moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates4 ,sec4 #ijjjg4 ,rescission of ,,covid-#ai appropriations4 ,sec4 #ijjjh4 ,spectrum auctions4 ,,division ,j--,appropriations ,,title ,i--,,agriculture1 ,,rural ,,development1 ,,food ,,and ,,drug ,,administration1 ,,and ,,related ,,agencies ,,title ,,ii--,,commerce1 ,,justice1 ,,science1 ,,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 ,,interior1 ,,environment1 ,,and ,,related ,,agencies ,,title ,,vii--,,labor1 ,,health ,,and ,,human ,,services1 ,,and ,,education1 ,,and ,,related ,,agencies ,,title ,,viii--,,transportation1 ,,housing ,,and ,,urban ,,development1 ,,and ,,related ,,agencies ,,title ,,ix--,,general ,,provisions--,,this ,,division ,,division ,k--,minority business development ,sec4 #ajjjja4 ,short title4 ,sec4 #ajjjjb4 ,definitions4 ,sec4 #ajjjjc4 ,minority ,business ,development ,agency4 ,,title ,i--,existing initiatives ,subtitle ,a--,market development1 research1 and information ,sec4 #ajjaja4 ,private sector development4 ,sec4 #ajjajb4 ,public sector development4 ,sec4 #ajjajc4 ,research and information4 ,subtitle ,b--,minority ,business ,development ,agency ,business ,center ,program ,sec4 #ajjaaa4 ,definition4 ,sec4 #ajjaab4 ,purpose4 ,sec4 #ajjaac4 ,establishment4 ,sec4 #ajjaad4 ,grants and cooperative agreements4 ,sec4 #ajjaae4 ,minimizing disruptions to existing ,,mbda ,business ,center program4 ,sec4 #ajjaaf4 ,publicity4 ,,title ,,ii--,new initiatives to promote economic resiliency for minority businesses ,sec4 #ajjbja4 ,annual diverse business forum on capital formation4 ,sec4 #ajjbjb4 ,agency study on alternative financing solutions4 ,sec4 #ajjbjc4 ,educational development relating to management and entrepreneurship4 ,,title ,,iii--,rural minority business center program ,sec4 #ajjcja4 ,definitions4 ,sec4 #ajjcjb4 ,business centers4 ,sec4 #ajjcjc4 ,report to ,congress4 ,sec4 #ajjcjd4 ,study and report4 ,,title ,,iv--,minority business development grants ,sec4 #ajjdja4 ,grants to nonprofit organizations that support minority business enterprises4 ,,title ,v--,minority business enterprises advisory council ,sec4 #ajjeja4 ,purpose4 ,sec4 #ajjejb4 ,composition and term4 ,sec4 #ajjejc4 ,duties4 ,,title ,,vi--,federal coordination of minority business programs ,sec4 #ajjfja4 ,general duties4 ,sec4 #ajjfjb4 ,participation of ,federal departments and agencies4 ,,title ,,vii--,administrative powers of the ,agency2 miscellaneous provisions ,sec4 #ajjgja4 ,administrative powers4 ,sec4 #ajjgjb4 ,federal assistance4 ,sec4 #ajjgjc4 ,recordkeeping4 ,sec4 #ajjgjd4 ,review and report by ,comptroller ,general4 ,sec4 #ajjgje4 ,biannual reports2 recommendations4 ,sec4 #ajjgjf4 ,separability4 ,sec4 #ajjgjg4 ,executive ,order #aafbe4 ,sec4 #ajjgjh4 ,authorization of appropriations4 #b4 ,references ,except as expressly provided otherwise1 any reference to this ,act contained in any division of this ,act shall be treated as referring only to the provisions of that division4 ,a ,surface ,transportation #ajjja4 ,short title ,this division may be cited as the ,surface ,transportation ,reauthorization ,act of #bjba4 #ajjjb4 ,definitions ,in this division3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 #ajjjc4 ,effective date ,except as otherwise provided1 this division and the amendments made by this division take effect on ,october #a1 #bjba4 ,i ,federal-aid highways ,a ,authorizations and programs #aaaja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,federal-aid highway program ,for the national highway performance program under section #aai of title #bc1 ,united ,states ,code1 the surface transportation block grant program under section #acc of that title1 the highway safety improvement program under section #adh of that title1 the congestion mitigation and air quality improvement program under section #adi of that title1 the national highway freight program under section #afg of that title1 the carbon reduction program under section #age of that title1 to carry out subsection 7c7 of the ,,protect program under section #agf of that title1 and to carry out section #acd of that title-- 7,a7 #eb1dhh1jfe1cge for fiscal year #bjbb2 7,b7 #ec1ecg1hbf1fhc for fiscal year #bjbc2 7,c7 #ed1fjh1ehc1bag for fiscal year #bjbd2 7,d7 #ee1gjj1ged1hha for fiscal year #bjbe2 and 7,e7 #ef1had1gfi1hdd for fiscal year #bjbf4 7#b7 ,transportation infrastructure finance and innovation program ,for credit assistance under the transportation infrastructure finance and innovation program under chapter #f of title #bc1 ,united ,states ,code1 #bej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#c7 ,federal lands and tribal transportation programs 7,a7 ,tribal transportation program ,for the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code-- 7i7 #egh1dfj1jjj for fiscal year #bjbb2 7ii7 #ehi1ifj1jjj for fiscal year #bjbc2 7iii7 #fjb1dfj1jjj for fiscal year #bjbd2 7iv7 #fab1ifj1jjj for fiscal year #bjbe2 and 7v7 #fbg1ifj1jjj for fiscal year #bjbf4 7,b7 ,federal lands transportation program 7i7 ,in general ,for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code-- 7,i7 #dba1ife1jjj for fiscal year #bjbb2 7,,ii7 #dbi1ife1jjj for fiscal year #bjbc2 7,,iii7 #dch1ife1jjj for fiscal year #bjbd2 7,,iv7 #ddg1ife1jjj for fiscal year #bjbe2 and 7,v7 #dee1ife1jjj for fiscal year #bjbf4 7ii7 ,allocation ,of the amount made available for a fiscal year under clause 7i7-- 7,i7 the amount for the ,national ,park ,service is-- 7aa7 #ccb1dbg1dej for fiscal year #bjbb2 7bb7 #cch1hfg1dej for fiscal year #bjbc2 7cc7 #cdf1bcg1dej for fiscal year #bjbd2 7dd7 #cec1fjg1dej for fiscal year #bjbe2 and 7ee7 #cfj1jdg1dej for fiscal year #bjbf2 7,,ii7 the amount for the ,united ,states ,fish and ,wildlife ,service is #cf1jjj1jjj for each of fiscal years #bjbb through #bjbf2 and 7,,iii7 the amount for the ,forest ,service is-- 7aa7 #bd1jjj1jjj for fiscal year #bjbb2 7bb7 #be1jjj1jjj for fiscal year #bjbc2 7cc7 #bf1jjj1jjj for fiscal year #bjbd2 7dd7 #bg1jjj1jjj for fiscal year #bjbe2 and 7ee7 #bh1jjj1jjj for fiscal year #bjbf4 7,c7 ,federal lands access program ,for the ,federal lands access program under section #bjd of title #bc1 ,united ,states ,code-- 7i7 #bhe1ige1jjj for fiscal year #bjbb2 7ii7 #bia1ige1jjj for fiscal year #bjbc2 7iii7 #bif1ige1jjj for fiscal year #bjbd2 7iv7 #cjc1ige1jjj for fiscal year #bjbe2 and 7v7 #cjh1ige1jjj for fiscal year #bjbf4 7#d7 ,territorial and puerto rico highway program ,for the territorial and ,puerto ,rico highway program under section #afe of title #bc1 ,united ,states ,code-- 7,a7 #bai1jjj1jjj for fiscal year #bjbb2 7,b7 #bbd1jjj1jjj for fiscal year #bjbc2 7,c7 #bbh1jjj1jjj for fiscal year #bjbd2 7,d7 #bcb1ejj1jjj for fiscal year #bjbe2 and 7,e7 #bcg1jjj1jjj for fiscal year #bjbf4 7#e7 ,nationally significant freight and highway projects ,for nationally significant freight and highway projects under section #aag of title #bc1 ,united ,states ,code-- 7,a7 #a1jjj1jjj1jjj for fiscal year #bjbb2 7,b7 #a1jjj1jjj1jjj for fiscal year #bjbc2 7,c7 #a1jjj1jjj1jjj for fiscal year #bjbd2 7,d7 #ijj1jjj1jjj for fiscal year #bjbe2 and 7,e7 #ijj1jjj1jjj for fiscal year #bjbf4 7b7 ,other programs 7#a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,bridge investment program ,to carry out the bridge investment program under section #abd of title #bc1 ,united ,states ,code-- 7i7 #fjj1jjj1jjj for fiscal year #bjbb2 7ii7 #fdj1jjj1jjj for fiscal year #bjbc2 7iii7 #fej1jjj1jjj for fiscal year #bjbd2 7iv7 #fge1jjj1jjj for fiscal year #bjbe2 and 7v7 #gjj1jjj1jjj for fiscal year #bjbf4 7,b7 ,congestion relief program ,to carry out the congestion relief program under section #abi7;d7 of title #bc1 ,united ,states ,code1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,c7 ,charging and fueling infrastructure grants ,to carry out section #aea7;f7 of title #bc1 ,united ,states ,code-- 7i7 #cjj1jjj1jjj for fiscal year #bjbb2 7ii7 #djj1jjj1jjj for fiscal year #bjbc2 7iii7 #ejj1jjj1jjj for fiscal year #bjbd2 7iv7 #fjj1jjj1jjj for fiscal year #bjbe2 and 7v7 #gjj1jjj1jjj for fiscal year #bjbf4 7,d7 ,rural surface transportation grant program ,to carry out the rural surface transportation grant program under section #agc of title #bc1 ,united ,states ,code-- 7i7 #cjj1jjj1jjj for fiscal year #bjbb2 7ii7 #cej1jjj1jjj for fiscal year #bjbc2 7iii7 #djj1jjj1jjj for fiscal year #bjbd2 7iv7 #dej1jjj1jjj for fiscal year #bjbe2 and 7v7 #ejj1jjj1jjj for fiscal year #bjbf4 7,e7 ,,protect grants 7i7 ,in general ,to carry out subsection 7d7 of the ,,protect program under section #agf of title #bc1 ,united ,states ,code1 for each of fiscal years #bjbb through #bjbf-- 7,i7 #bej1jjj1jjj for fiscal year #bjbb2 7,,ii7 #bej1jjj1jjj for fiscal year #bjbc2 7,,iii7 #cjj1jjj1jjj for fiscal year #bjbd2 7,,iv7 #cjj1jjj1jjj for fiscal year #bjbe2 and 7,v7 #cjj1jjj1jjj for fiscal year #bjbf4 7ii7 ,allocation ,of the amounts made available under clause 7i7-- 7,i7 for planning grants under paragraph 7#c7 of that subsection-- 7aa7 #be1jjj1jjj for fiscal year #bjbb2 7bb7 #be1jjj1jjj for fiscal year #bjbc2 7cc7 #cj1jjj1jjj for fiscal year #bjbd2 7dd7 #cj1jjj1jjj for fiscal year #bjbe2 and 7ee7 #cj1jjj1jjj for fiscal year #bjbf2 7,,ii7 for resilience improvement grants under paragraph 7#d77;,a7 of that subsection-- 7aa7 #age1jjj1jjj for fiscal year #bjbb2 7bb7 #age1jjj1jjj for fiscal year #bjbc2 7cc7 #baj1jjj1jjj for fiscal year #bjbd2 7dd7 #baj1jjj1jjj for fiscal year #bjbe2 and 7ee7 #baj1jjj1jjj for fiscal year #bjbf2 7,,iii7 for community resilience and evacuation route grants under paragraph 7#d77;,b7 of that subsection-- 7aa7 #be1jjj1jjj for fiscal year #bjbb2 7bb7 #be1jjj1jjj for fiscal year #bjbc2 7cc7 #cj1jjj1jjj for fiscal year #bjbd2 7dd7 #cj1jjj1jjj for fiscal year #bjbe2 and 7ee7 #cj1jjj1jjj for fiscal year #bjbf2 and 7,,iv7 for at-risk coastal infrastructure grants under paragraph 7#d77;,c7 of that subsection-- 7aa7 #be1jjj1jjj for fiscal year #bjbb2 7bb7 #be1jjj1jjj for fiscal year #bjbc2 7cc7 #cj1jjj1jjj for fiscal year #bjbd2 7dd7 #cj1jjj1jjj for fiscal year #bjbe2 and 7ee7 #cj1jjj1jjj for fiscal year #bjbf4 7,f7 ,reduction of truck emissions at port facilities 7i7 ,in general ,to carry out the reduction of truck emissions at port facilities under section #aadjb1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7ii7 ,treatment ,amounts made available under clause 7i7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7,g7 ,nationally significant ,federal lands and ,tribal projects 7i7 ,in general ,to carry out the nationally significant ,federal lands and tribal projects program under section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id71 #ee1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7ii7 ,treatment ,amounts made available under clause 7i7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#b7 ,general fund 7,a7 ,bridge investment program 7i7 ,in general ,in addition to amounts made available under paragraph 7#a77;,a71 there are authorized to be appropriated to carry out the bridge investment program under section #abd of title #bc1 ,united ,states ,code-- 7,i7 #fjj1jjj1jjj for fiscal year #bjbb2 7,,ii7 #fdj1jjj1jjj for fiscal year #bjbc2 7,,iii7 #fej1jjj1jjj for fiscal year #bjbd2 7,,iv7 #fge1jjj1jjj for fiscal year #bjbe2 and 7,v7 #gjj1jjj1jjj for fiscal year #bjbf4 7ii7 ,allocation ,amounts made available under clause 7i7 shall be allocated in the same manner as if made available under paragraph 7#a77;,a74 7,b7 ,nationally significant ,federal lands and ,tribal projects program ,in addition to amounts made available under paragraph 7#a77;,g71 there is authorized to be appropriated to carry out section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id7 #cjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,c7 ,healthy ,streets program ,there is authorized to be appropriated to carry out the ,healthy ,streets program under section #aadjf #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,d7 ,transportation ,resilience and ,adaptation ,centers of ,excellence ,there is authorized to be appropriated to carry out section #ebj of title #bc1 ,united ,states ,code1 #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,e7 ,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 #acjjf7;e7 #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7c7 ,research1 technology1 and education authorizations 7#a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7,a7 ,highway research and development program ,to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 #adg1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,b7 ,technology and innovation deployment program ,to carry out section #ejc7;c7 of title #bc1 ,united ,states ,code1 #aaj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,c7 ,training and education ,to carry out section #ejd of title #bc1 ,united ,states ,code-- 7i7 #be1jjj1jjj for fiscal year #bjbb2 7ii7 #be1bej1jjj for fiscal year #bjbc2 7iii7 #be1ejj1jjj for fiscal year #bjbd2 7iv7 #be1gej1jjj for fiscal year #bjbe2 and 7v7 #bf1jjj1jjj for fiscal year #bjbf4 7,d7 ,intelligent transportation systems program ,to carry out sections #eab through #eah of title #bc1 ,united ,states ,code1 #aaj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,e7 ,university transportation centers program ,to carry out section #eeje of title #di1 ,united ,states ,code-- 7i7 #hj1jjj1jjj for fiscal year #bjbb2 7ii7 #hj1ejj1jjj for fiscal year #bjbc2 7iii7 #ha1jjj1jjj for fiscal year #bjbd2 7iv7 #ha1ejj1jjj for fiscal year #bjbe2 and 7v7 #hb1jjj1jjj for fiscal year #bjbf4 7,f7 ,bureau of transportation statistics ,to carry out chapter #fc of title #di1 ,united ,states ,code-- 7i7 #bf1jjj1jjj for fiscal year #bjbb2 7ii7 #bf1bej1jjj for fiscal year #bjbc2 7iii7 #bf1ejj1jjj for fiscal year #bjbd2 7iv7 #bf1gej1jjj for fiscal year #bjbe2 and 7v7 #bg1jjj1jjj for fiscal year #bjbf4 7#b7 ,administration ,the ,federal ,highway ,administration shall-- 7,a7 administer the programs described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#a72 and 7,b7 in consultation with relevant modal administrations1 administer the programs described in paragraph 7#a77;,d74 7#c7 ,applicability of title #bc1 ,united ,states ,code ,amounts authorized to be appropriated by paragraph 7#a7 shall-- 7,a7 be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that the ,federal share of the cost of a project or activity carried out using those funds shall be #hj percent1 unless otherwise expressly provided by this division 7including the amendments by this division7 or otherwise determined by the ,secretary2 and 7,b7 remain available until expended and not be transferable1 except as otherwise provided by this division4 7d7 ,pilot programs ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,wildlife crossings pilot program ,for the wildlife crossings pilot program under section #aga of title #bc1 ,united ,states ,code-- 7,a7 #fj1jjj1jjj for fiscal year #bjbb2 7,b7 #fe1jjj1jjj for fiscal year #bjbc2 7,c7 #gj1jjj1jjj for fiscal year #bjbd2 7,d7 #ge1jjj1jjj for fiscal year #bjbe2 and 7,e7 #hj1jjj1jjj for fiscal year #bjbf4 7#b7 ,prioritization process pilot program 7,a7 ,in general ,for the prioritization process pilot program under section #aabjd1 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,b7 ,treatment ,amounts made available under subparagraph 7,a7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7#c7 ,reconnecting communities pilot program 7,a7 ,planning grants ,for planning grants under the reconnecting communities pilot program under section #aaeji7;c71 #cj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,b7 ,capital construction grants ,for capital construction grants under the reconnecting communities pilot program under section #aaeji7;d7-- 7i7 #fe1jjj1jjj for fiscal year #bjbb2 7ii7 #fh1jjj1jjj for fiscal year #bjbc2 7iii7 #gj1jjj1jjj for fiscal year #bjbd2 7iv7 #gb1jjj1jjj for fiscal year #bjbe2 and 7v7 #ge1jjj1jjj for fiscal year #bjbf4 7,c7 ,treatment ,amounts made available under subparagraph 7,a7 or 7,b7 shall be available for obligation in the same manner as if those amounts were apportioned under chapter #a of title #bc1 ,united ,states ,code1 except that those amounts shall remain available until expended4 7e7 ,disadvantaged business enterprises 7#a7 ,findings ,congress finds that-- 7,a7 while significant progress has occurred due to the establishment of the disadvantaged business enterprise program1 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 ,states2 7,b7 the continuing barriers described in subparagraph 7,a7 merit the continuation of the disadvantaged business enterprise program2 7,c7 ,congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources1 including congressional hearings and roundtables1 scientific reports1 reports issued by public and private agencies1 news stories1 reports of discrimination by organizations and individuals1 and discrimination lawsuits1 which show that race- and gender-neutral efforts alone are insufficient to address the problem2 7,d7 the testimony and documentation described in subparagraph 7,c7 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 markets2 and 7,e7 the testimony and documentation described in subparagraph 7,c7 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 business4 7#b7 ,definitions ,in this subsection3 7,a7 ,small business concern 7i7 ,in general ,the term small business concern means a small business concern 7as the term is used in section #c of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb774 7ii7 ,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 #c fiscal years in excess of #bf1bij1jjj1 as adjusted annually by the ,secretary for inflation4 7,b7 ,socially and economically disadvantaged individuals ,the term socially and economically disadvantaged individuals has the meaning given the term in section #h7;d7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcg7;d77 and relevant subcontracting regulations issued pursuant to that ,act1 except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection4 7#c7 ,amounts for small business concerns ,except to the extent that the ,secretary determines otherwise1 not less than #aj percent of the amounts made available for any program under this division 7other than section #adjjd71 division ,c1 and section #djc of title #bc1 ,united ,states ,code1 shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals4 7#d7 ,annual listing of disadvantaged business enterprises ,each ,state shall annually-- 7,a7 survey and compile a list of the small business concerns referred to in paragraph 7#c7 in the ,state1 including the location of the small business concerns in the ,state2 and 7,b7 notify the ,secretary1 in writing1 of the percentage of the small business concerns that are controlled by-- 7i7 women2 7ii7 socially and economically disadvantaged individuals 7other than women72 and 7iii7 individuals who are women and are otherwise socially and economically disadvantaged individuals4 7#e7 ,uniform certification 7,a7 ,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 subsection4 7,b7 ,inclusions ,the minimum uniform criteria established under subparagraph 7,a7 shall include1 with respect to a potential small business concern-- 7i7 on-site visits2 7ii7 personal interviews with personnel2 7iii7 issuance or inspection of licenses2 7iv7 analyses of stock ownership2 7v7 listings of equipment2 7vi7 analyses of bonding capacity2 7vii7 listings of work completed2 7viii7 examination of the resumes of principal owners2 7ix7 analyses of financial capacity2 and 7x7 analyses of the type of work preferred4 7#f7 ,reporting ,the ,secretary shall establish minimum requirements for use by ,state governments in reporting to the ,secretary-- 7,a7 information concerning disadvantaged business enterprise awards1 commitments1 and achievements2 and 7,b7 such other information as the ,secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program4 7#g7 ,compliance with court orders ,nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this division1 division ,c1 and section #djc of title #bc1 ,united ,states ,code1 if the entity or person is prevented1 in whole or in part1 from complying with paragraph 7#c7 because a ,federal court issues a final order in which the court finds that a requirement or the implementation of paragraph 7#c7 is unconstitutional4 7#h7 ,sense of congress on prompt payment of ,,dbe subcontractors ,it is the sense of ,congress that-- 7,a7 the ,secretary should take additional steps to ensure that recipients comply with section #bf4bi of title #di1 ,code of ,federal ,regulations 7the disadvantaged business enterprises prompt payment rule71 or any corresponding regulation1 in awarding ,federally funded transportation contracts under laws and regulations administered by the ,secretary2 and 7,b7 such additional steps should include increasing the ability of the ,department to track and keep records of complaints and to make that information publicly available4 #aaajb4 ,obligation ceiling 7a7 ,general limitation ,subject to subsection 7e71 and notwithstanding any other provision of law1 the obligations for ,federal-aid highway and highway safety construction programs shall not exceed-- 7#a7 #eg1dgc1dcj1jgb for fiscal year #bjbb2 7#b7 #eh1gfd1eaj1fgd for fiscal year #bjbc2 7#c7 #fj1jie1ghb1hhh for fiscal year #bjbd2 7#d7 #fa1cad1agj1ede for fiscal year #bjbe2 and 7#e7 #fb1feg1aje1hba for fiscal year #bjbf4 7b7 ,exceptions ,the limitations under subsection 7a7 shall not apply to obligations under or for-- 7#a7 section #abe of title #bc1 ,united ,states ,code2 7#b7 section #adg of the ,surface ,transportation ,assistance ,act of #aigh 7#bc ,u4,s4,c4 #add note2 #ib ,stat4 #bgad72 7#c7 section #i of the ,federal-,aid ,highway ,act of #aiha 7#ie ,stat4 #agja72 7#d7 subsections 7b7 and 7j7 of section #aca of the ,surface ,transportation ,assistance ,act of #aihb 7#if ,stat4 #baai72 7#e7 subsections 7b7 and 7c7 of section #adi of the ,surface ,transportation and ,uniform ,relocation ,assistance ,act of #aihg 7#aja ,stat4 #aih72 7#f7 sections #aajc through #aajh of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7#aje ,stat4 #bjbg72 7#g7 section #aeg of title #bc1 ,united ,states ,code 7as in effect on ,june #h1 #aiih72 7#h7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #aiih through #bjjd1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#i7 ,federal-aid highway programs for which obligation authority was made available under the ,transportation ,equity ,act for the #bast ,century 7#aab ,stat4 #ajg7 or subsequent ,acts for multiple years or to remain available until expended1 but only to the extent that the obligation authority has not lapsed or been used2 7#aj7 section #aje of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjje through #bjab1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#aa7 section #afjc of ,,safetea-,,lu 7#bc ,u4,s4,c4 #aah note2 #aai ,stat4 #abdh71 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 obligation2 7#ab7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjac through #bjae1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 7#ac7 section #aai of title #bc1 ,united ,states ,code 7as in effect for fiscal years #bjaf through #bjba1 but only in an amount equal to #fci1jjj1jjj for each of those fiscal years72 and 7#ad7 section #aai of title #bc1 ,united ,states ,code 7but1 for fiscal years #bjbb through #bjbf1 only in an amount equal to #fci1jjj1jjj for each of those fiscal years74 7c7 ,distribution of obligation authority ,for each of fiscal years #bjbb through #bjbf1 the ,secretary-- 7#a7 shall not distribute obligation authority provided by subsection 7a7 for the fiscal year for-- 7,a7 amounts authorized for administrative expenses and programs by section #ajd7;a7 of title #bc1 ,united ,states ,code2 and 7,b7 amounts authorized for the ,bureau of ,transportation ,statistics2 7#b7 shall not distribute an amount of obligation authority provided by subsection 7a7 that is equal to the unobligated balance of amounts-- 7,a7 made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for ,federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the ,secretary 7or apportioned by the ,secretary under section #bjb or #bjd of title #bc1 ,united ,states ,code72 and 7,b7 for which obligation authority was provided in a previous fiscal year2 7#c7 shall determine the proportion that-- 7,a7 the obligation authority provided by subsection 7a7 for the fiscal year1 less the aggregate of amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 bears to 7,b7 the total of the sums authorized to be appropriated for the ,federal-aid highway and highway safety construction programs 7other than sums authorized to be appropriated for provisions of law described in paragraphs 7#a7 through 7#ac7 of subsection 7b7 and sums authorized to be appropriated for section #aai of title #bc1 ,united ,states ,code1 equal to the amount referred to in subsection 7b77#ad7 for the fiscal year71 less the aggregate of the amounts not distributed under paragraphs 7#a7 and 7#b7 of this subsection2 7#d7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b71 for each of the programs 7other than programs to which paragraph 7#a7 applies7 that are allocated by the ,secretary under this division and title #bc1 ,united ,states ,code1 or apportioned by the ,secretary under section #bjb or #bjd of that title1 by multiplying-- 7,a7 the proportion determined under paragraph 7#c72 by 7,b7 the amounts authorized to be appropriated for each such program for the fiscal year2 and 7#e7 shall distribute the obligation authority provided by subsection 7a71 less the aggregate amounts not distributed under paragraphs 7#a7 and 7#b7 and the amounts distributed under paragraph 7#d71 for ,federal-aid highway and highway safety construction programs that are apportioned by the ,secretary under title #bc1 ,united ,states ,code 7other than the amounts apportioned for the national highway performance program in section #aai of title #bc1 ,united ,states ,code1 that are exempt from the limitation under subsection 7b77#ad7 and the amounts apportioned under sections #bjb and #bjd of that title7 in the proportion that-- 7,a7 amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to each ,state for the fiscal year2 bears to 7,b7 the total of the amounts authorized to be appropriated for the programs that are apportioned under title #bc1 ,united ,states ,code1 to all ,states for the fiscal year4 7d7 ,redistribution of unused obligation authority ,notwithstanding subsection 7c71 the ,secretary shall1 after ,august #a of each of fiscal years #bjbb through #bjbf-- 7#a7 revise a distribution of the obligation authority made available under subsection 7c7 if an amount distributed cannot be obligated during that fiscal year2 and 7#b7 redistribute sufficient amounts to those ,states able to obligate amounts in addition to those previously distributed during that fiscal year1 giving priority to those ,states having large unobligated balances of funds apportioned under sections #add 7as in effect on the day before the date of enactment of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #dje77 and #ajd of title #bc1 ,united ,states ,code4 7e7 ,applicability of obligation limitations to transportation research programs 7#a7 ,in general ,except as provided in paragraph 7#b71 obligation limitations imposed by subsection 7a7 shall apply to contract authority for transportation research programs carried out under chapter #e of title #bc1 ,united ,states ,code4 7#b7 ,exception ,obligation authority made available under paragraph 7#a7 shall-- 7,a7 remain available for a period of #d fiscal years2 and 7,b7 be in addition to the amount of any limitation imposed on obligations for ,federal-aid highway and highway safety construction programs for future fiscal years4 7f7 ,redistribution of certain authorized funds 7#a7 ,in general ,not later than #cj days after the date of distribution of obligation authority under subsection 7c7 for each of fiscal years #bjbb through #bjbf1 the ,secretary shall distribute to the ,states any funds 7excluding funds authorized for the program under section #bjb of title #bc1 ,united ,states ,code7 that-- 7,a7 are authorized to be appropriated for the fiscal year for ,federal-aid highway programs2 and 7,b7 the ,secretary determines will not be allocated to the ,states 7or will not be apportioned to the ,states under section #bjd of title #bc1 ,united ,states ,code71 and will not be available for obligation1 for the fiscal year because of the imposition of any obligation limitation for the fiscal year4 7#b7 ,ratio ,funds shall be distributed under paragraph 7#a7 in the same proportion as the distribution of obligation authority under subsection 7c77#e74 7#c7 ,availability ,funds distributed to each ,state under paragraph 7#a7 shall be available for any purpose described in section #acc7;b7 of title #bc1 ,united ,states ,code4 #aaajc4 ,definitions ,section #aja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#d7-- 7,a7 in subparagraph 7,a71 by inserting assessing resilience1 after surveying12 7,b7 in subparagraph 7,g71 by striking and at the end2 7,c7 by redesignating subparagraph 7,h7 as subparagraph 7,i72 and 7,d7 by inserting after subparagraph 7,g7 the following3 7,h7 improvements that reduce the number of wildlife-vehicle collisions1 such as wildlife crossing structures2 and 2 7#b7 by redesignating paragraphs 7#ag7 through 7#cd7 as paragraphs 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#be71 7#bf71 7#bg71 7#bh71 7#bi71 7#cj71 7#ca71 7#cb71 7#cc71 7#cd71 7#ce71 and 7#cf71 respectively2 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 ,natural infrastructure ,the term natural infrastructure means infrastructure that uses1 restores1 or emulates natural ecological processes and-- 7,a7 is created through the action of natural physical1 geological1 biological1 and chemical processes over time2 7,b7 is created by human design1 engineering1 and construction to emulate or act in concert with natural processes2 or 7,c7 involves the use of plants1 soils1 and other natural features1 including through the creation1 restoration1 or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff1 to attenuate flooding and storm surges1 and for other related purposes4 2 7#d7 by inserting after paragraph 7#bc7 7as so redesignated7 the following3 7#bd7 ,resilience ,the term resilience1 with respect to a project1 means a project with the ability to anticipate1 prepare for1 or adapt to conditions or withstand1 respond to1 or recover rapidly from disruptions1 including the ability-- 7,a7 7i7 to resist hazards or withstand impacts from weather events and natural disasters2 or 7ii7 to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project2 and 7,b7 to have the absorptive capacity1 adaptive capacity1 and recoverability to decrease project vulnerability to weather events or other natural disasters4 2 and 7#e7 in subparagraph 7,a7 of paragraph 7#cb7 7as so redesignated7-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking through the implementation and inserting the following3 8through-- 7i7 the implementation 2 and 7,c7 by adding at the end the following3 7ii7 the consideration of incorporating natural infrastructure4 4 #aaajd4 ,apportionment 7a7 ,administrative expenses ,section #ajd7;a77#a7 of title #bc1 ,united ,states ,code1 is amended by striking subparagraphs 7,a7 through 7,e7 and inserting the following3 7,a7 #dij1ifd1fig for fiscal year #bjbb2 7,b7 #ejj1ghc1iia for fiscal year #bjbc2 7,c7 #eaj1gii1fga for fiscal year #bjbd2 7,d7 #eba1jae1ffd for fiscal year #bjbe2 and 7,e7 #eca1dce1igg for fiscal year #bjbf4 4 7b7 ,division among programs of ,state share ,section #ajd7;b7 of title #bc1 ,united ,states ,code1 is amended in subsection 7b7-- 7#a7 in the matter preceding paragraph 7#a71 by inserting the carbon reduction program under section #age1 to carry out subsection 7c7 of the ,,protect program under section #agf1 before and to carry out section #acd2 7#b7 in paragraph 7#a71 by striking #fc4g percent and inserting #ei4jggaaieibadfa percent2 7#c7 in paragraph 7#b71 by striking #bi4c percent and inserting #bh4gdjbbjcdbabea percent2 7#d7 in paragraph 7#c71 by striking #g percent and inserting #f4gjfjeadacafbec percent2 7#e7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,congestion mitigation and air quality improvement program 7,a7 ,in general ,for the congestion mitigation and air quality improvement program1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for the congestion mitigation and air quality improvement program for all ,states shall be-- 7i7 #b1ecf1dij1hjc for fiscal year #bjbb2 7ii7 #b1ehg1bbj1fbj for fiscal year #bjbc2 7iii7 #b1fch1ife1jcb for fiscal year #bjbd2 7iv7 #b1fia1gdd1ccb for fiscal year #bjbe2 and 7v7 #b1gde1egi1bac for fiscal year #bjbf4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the total amount for the congestion mitigation and air quality improvement program under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state for the congestion mitigation and air quality improvement program for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states for that program for fiscal year #bjbj4 2 7#f7 in paragraph 7#e7-- 7,a7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,total amount ,the total amount set aside for the national highway freight program for all ,states shall be-- 7i7 #a1cgc1icb1eai for fiscal year #bjbb2 7ii7 #a1dja1daa1afi for fiscal year #bjbc2 7iii7 #a1dbi1dci1cib for fiscal year #bjbd2 7iv7 #a1deh1jbh1ahj for fiscal year #bjbe2 and 7v7 #a1dhg1ahh1gdj for fiscal year #bjbf4 2 and 7,b7 by striking subparagraph 7,d72 and 7#g7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,metropolitan planning 7,a7 ,in general ,to carry out section #acd1 an amount determined for the ,state under subparagraphs 7,b7 and 7,c74 7,b7 ,total amount ,the total amount for metropolitan planning for all ,states shall be-- 7i7 #dch1aba1aci for fiscal year #bjbb2 7ii7 #ddf1hhc1efb for fiscal year #bjbc2 7iii7 #dee1hba1bcc for fiscal year #bjbd2 7iv7 #dfd1icg1feg for fiscal year #bjbe2 and 7v7 #dgd1bcf1dji for fiscal year #bjbf4 7,c7 ,state share ,for each fiscal year1 the ,secretary shall distribute among the ,states the total amount to carry out section #acd under subparagraph 7,b7 so that each ,state receives an amount equal to the proportion that-- 7i7 the amount apportioned to the ,state to carry out section #acd for fiscal year #bjbj2 bears to 7ii7 the total amount of funds apportioned to all ,states to carry out section #acd for fiscal year #bjbj4 7#g7 ,carbon reduction program ,for the carbon reduction program under section #age1 #b4efbffifdefefcg percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#e71 and 7#f74 7#h7 ,,protect formula program ,to carry out subsection 7c7 of the ,,protect program under section #agf1 #b4iacicijjfijiia percent of the amount remaining after distributing amounts under paragraphs 7#d71 7#e71 and 7#f74 4 7c7 ,calculation of amounts ,section #ajd7;c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking each of fiscal years #bjaf through #bjbj and inserting fiscal year #bjbb and each fiscal year thereafter2 7,b7 in subparagraph 7,a7-- 7i7 by striking clause 7i7 and inserting the following3 7i7 the base apportionment2 by 2 and 7ii7 in clause 7ii77,i71 by striking fiscal year #bjae and inserting fiscal year #bjba2 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,guaranteed amounts ,the initial amounts resulting from the calculation under subparagraph 7,a7 shall be adjusted to ensure that each ,state receives an aggregate apportionment that is-- 7i7 equal to at least #ie percent of the estimated tax payments paid into the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 in the most recent fiscal year for which data are available that are-- 7,i7 attributable to highway users in the ,state2 and 7,,ii7 associated with taxes in effect on ,july #a1 #bjai1 and only up to the rate those taxes were in effect on that date2 7ii7 at least #b percent greater than the apportionment that the ,state received for fiscal year #bjba2 and 7iii7 at least #a percent greater than the apportionment that the ,state received for the previous fiscal year4 2 and 7#b7 in paragraph 7#b7-- 7,a7 by striking fiscal years #bjaf through #bjbj and inserting fiscal year #bjbb and each fiscal year thereafter2 and 7,b7 by inserting the carbon reduction program under section #age1 to carry out subsection 7c7 of the ,,protect program under section #agf1 before and to carry out section #acd4 7d7 ,metropolitan planning ,section #ajd7;d77#a77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of subsection 7b7 each place it appears and inserting subsection 7b77#f74 7e7 ,supplemental funds ,section #ajd of title #bc1 ,united ,states ,code1 is amended by striking subsection 7h74 7f7 ,base apportionment defined ,section #ajd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7i7 as subsection 7h72 and 7#b7 in subsection 7h7 7as so redesignated7-- 7,a7 by striking means in the matter preceding paragraph 7#a7 and all that follows through the combined amount in paragraph 7#a7 and inserting means the combined amount2 7,b7 by striking and to carry out section #acd2 minus and inserting the carbon reduction program under section #age1 to carry out subsection 7c7 of the ,,protect program under section #agf1 and to carry out section #acd42 and 7,c7 by striking paragraph 7#b74 #aaaje4 ,national highway performance program ,section #aai of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#d7 to provide support for activities to increase the resiliency of the ,national ,highway ,system to mitigate the cost of damages from sea level rise1 extreme weather events1 flooding1 wildfires1 or other natural disasters4 2 7#b7 in subsection 7d77#b71 by adding at the end the following3 7,q7 ,undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section4 7,r7 ,resiliency improvements on the ,national ,highway ,system1 including protective features described in subsection 7k77#b74 7,s7 ,implement activities to protect segments of the ,national ,highway ,system from cybersecurity threats4 2 7#c7 in subsection 7e77#d77;,d71 by striking analysis and inserting analyses1 both of which shall take into consideration extreme weather and resilience2 and 7#d7 by adding at the end the following3 7k7 ,protective features 7#a7 ,in general ,a ,state may use not more than #ae percent of the funds apportioned to the ,state under section #ajd7;b77#a7 for each fiscal year for #a or more protective features on a ,federal-aid highway or bridge not on the ,national ,highway ,system1 if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events1 flooding1 or other natural disasters4 7#b7 ,protective features described ,a protective feature referred to in paragraph 7#a7 includes-- 7,a7 raising roadway grades2 7,b7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7,c7 stabilizing slide areas2 7,d7 stabilizing slopes2 7,e7 lengthening or raising bridges to increase waterway openings2 7,f7 increasing the size or number of drainage structures2 7,g7 replacing culverts with bridges or upsizing culverts2 7,h7 installing seismic retrofits on bridges2 7,i7 adding scour protection at bridges1 installing riprap1 or adding other scour1 stream stability1 coastal1 or other hydraulic countermeasures1 including spur dikes2 and 7,j7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events1 flooding1 or other natural disasters4 7#c7 ,savings provision ,nothing in this subsection limits the ability of a ,state to carry out a project otherwise eligible under subsection 7d7 using funds apportioned under section #ajd7;b77#a74 4 #aaajf4 ,emergency relief ,section #abe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting wildfire1 after severe storm12 7#b7 by striking subsection 7b7 and inserting the following3 7b7 ,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 deterioration4 2 and 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#b77;,a7-- 7i7 by striking the period at the end and inserting 2 and2 7ii7 by striking a facility that meets the current and inserting the following3 8a facility that-- 7i7 meets the current 2 and 7iii7 by adding at the end the following3 7ii7 incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather1 flooding1 and other natural disasters4 2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,protective features 7,a7 ,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 weather1 flooding1 and other natural disasters4 7,b7 ,protective features described ,a protective feature referred to in subparagraph 7,a7 includes-- 7i7 raising roadway grades2 7ii7 relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas2 7iii7 stabilizing slide areas2 7iv7 stabilizing slopes2 7v7 lengthening or raising bridges to increase waterway openings2 7vi7 increasing the size or number of drainage structures2 7vii7 replacing culverts with bridges or upsizing culverts2 7viii7 installing seismic retrofits on bridges2 7ix7 adding scour protection at bridges1 installing riprap1 or adding other scour1 stream stability1 coastal1 or other hydraulic countermeasures1 including spur dikes2 and 7x7 the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather1 flooding1 and other natural disasters4 4 #aaajg4 ,federal share payable ,section #abj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a71 in the first sentence1 by inserting vehicle-to-infrastructure communication equipment1 after breakaway utility poles1 2 7,b7 in subparagraph 7#c77;,b7-- 7i7 in clause 7v71 by striking or at the end2 7ii7 by redesignating clause 7vi7 as clause 7vii72 and 7iii7 by inserting after clause 7v7 the following3 7vi7 contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities2 or 2 and 7,c7 by adding at the end the following3 7#d7 ,pooled funding ,notwithstanding any other provision of law1 the ,secretary may waive the non-,federal share of the cost of a project or activity under section #ejb7;b77#f7 that is carried out with amounts apportioned under section #ajd7;b77#b7 after considering appropriate factors1 including whether-- 7,a7 decreasing or eliminating the non-,federal share would best serve the interests of the ,federal-aid highway program2 and 7,b7 the project or activity addresses national or regional high priority research1 development1 and technology transfer problems in a manner that would benefit multiple ,states or metropolitan planning organizations4 2 7#b7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking #ahj days and inserting #bgj days2 and 7,b7 in paragraph 7#d71 by striking permanent2 and 7#c7 by adding at the end the following3 7l7 ,federal share flexibility pilot program 7#a7 ,establishment ,not later than #ahj days after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall establish a pilot program 7referred to in this subsection as the pilot program7 to give ,states additional flexibility with respect to the ,federal requirements under this section4 7#b7 ,program 7,a7 ,in general ,notwithstanding any other provision of law1 a ,state participating in the pilot program 7referred to in this subsection as a participating ,state7 may determine the ,federal share on a project1 multiple-project1 or program basis for projects under any of the following3 7i7 ,the national highway performance program under section #aai4 7ii7 ,the surface transportation block grant program under section #acc4 7iii7 ,the highway safety improvement program under section #adh4 7iv7 ,the congestion mitigation and air quality improvement program under section #adi4 7v7 ,the national highway freight program under section #afg4 7vi7 ,the carbon reduction program under section #age4 7vii7 ,subsection 7c7 of the ,,protect program under section #agf4 7,b7 ,requirements 7i7 ,maximum ,federal share ,subject to clause 7iii71 the ,federal share of the cost of an individual project carried out under a program described in subparagraph 7,a7 by a participating ,state and to which the participating ,state is applying the ,federal share requirements under the pilot program may be up to #ajj percent4 7ii7 ,minimum ,federal share ,no individual project carried out under a program described in subparagraph 7,a7 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 #j percent4 7iii7 ,determination ,the average annual ,federal share of the total cost of all projects authorized under a program described in subparagraph 7,a7 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 program4 7,c7 ,selection 7i7 ,application ,a ,state seeking to be a participating ,state shall-- 7,i7 submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require2 and 7,,ii7 have in place adequate financial controls to allow the ,state to determine the average annual ,federal share requirements under the pilot program4 7ii7 ,requirement ,for each of fiscal years #bjbb through #bjbf1 the ,secretary shall select not more than #aj ,states to be participating ,states4 4 #aaajh4 ,railway-highway grade crossings 7a7 ,in general ,section #acj7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by striking protective devices and inserting railway-,highway grade crossings2 and 7#b7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and the installation of protective devices at railway-highway crossings in the matter preceding clause 7i7 and all that follows through #bjbj4 in clause 7v7 and inserting the following3 1 the installation of protective devices at railway-highway crossings1 the replacement of functionally obsolete warning devices1 and as described in subparagraph 7,b71 not less than #bde1jjj1jjj for each of fiscal years #bjbb through #bjbf42 and 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,reducing trespassing fatalities and injuries ,a ,state may use funds set aside under subparagraph 7,a7 for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings4 4 7b7 ,federal share ,section #acj7;f77#c7 of title #bc1 ,united ,states ,code1 is amended by striking #ij percent and inserting #ajj percent4 7c7 ,incentive payments for at-grade crossing closures ,section #acj7;i77#c77;,b7 of title #bc1 ,united ,states ,code1 is amended by striking #g1ejj and inserting #ajj1jjj4 7d7 ,expenditure of funds ,section #acj7k7 of title #bc1 ,united ,states ,code1 is amended by striking #b percent and inserting #h percent4 7e7 ,,gao study ,not later than #c years after the date of enactment of this ,act1 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 #acj of title #bc1 ,united ,states ,code4 7f7 ,sense of ,congress relating to trespasser deaths along railroad rights-of-way ,it is the sense of ,congress that the ,department should1 where feasible1 coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings4 #aaaji4 ,surface transportation block grant program 7a7 ,in general ,section #acc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,b7-- 7,i7 by adding or at the end2 7,,ii7 by striking facilities eligible and inserting the following3 8facilities-- 7i7 that are eligible 2 and 7,,iii7 by adding at the end the following3 7ii7 that are privately or majority-privately owned1 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 #aja7;b77#c77;,d72 2 7ii7 in subparagraph 7,e71 by striking and at the end2 7iii7 in subparagraph 7,f71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,g7 wildlife crossing structures4 2 7,b7 in paragraph 7#c71 by inserting #adh7;a77#d77;,b77xvii71 after #aai7;g712 7,c7 by redesignating paragraphs 7#d7 through 7#ae7 as paragraphs 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#bj71 7#ba71 and 7#bb71 respectively2 7,d7 in paragraph 7#e7 7as so redesignated71 by striking railway-highway grade crossings and inserting projects eligible under section #acj and installation of safety barriers and nets on bridges2 7,e7 in paragraph 7#g7 7as so redesignated7-- 7i7 by inserting including the maintenance and restoration of existing recreational trails1 after section #bjf2 and 7ii7 by striking the safe routes to school program under section #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note7 and inserting the safe routes to school program under section #bjh2 7,f7 by inserting after paragraph 7#ac7 7as so redesignated7 the following3 7#ad7 ,projects and strategies designed to reduce the number of wildlife-vehicle collisions1 including project-related planning1 design1 construction1 monitoring1 and preventative maintenance4 7#ae7 ,the installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure4 7#af7 ,the installation and deployment of current and emerging intelligent transportation technologies1 including the ability of vehicles to communicate with infrastructure1 buildings1 and other road users4 7#ag7 ,planning and construction of projects that facilitate intermodal connections between emerging transportation technologies1 such as magnetic levitation and hyperloop4 7#ah7 ,protective features1 including natural infrastructure1 to enhance the resilience of a transportation facility otherwise eligible for assistance under this section4 7#ai7 ,measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats4 2 and 7,g7 by adding at the end the following3 7#bc7 ,rural barge landing1 dock1 and waterfront infrastructure projects in accordance with subsection 7j74 7#bd7 ,projects to enhance travel and tourism4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#b71 by striking paragraphs 7#d7 through 7#aa7 and inserting paragraphs 7#e7 through 7#ae7 and paragraph 7#bc72 7,b7 in paragraph 7#c71 by striking and at the end2 7,c7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 for a bridge project for the replacement of a low water crossing 7as defined by the ,secretary7 with a bridge2 and 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking reservation and inserting set aside2 and 7ii7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking the percentage specified in paragraph 7#f7 for a fiscal year and inserting #ee percent for each of fiscal years #bjbb through #bjbf2 and 7,,ii7 by striking clauses 7ii7 and 7iii7 and inserting the following3 7ii7 in urbanized areas of the ,state with an urbanized area population of not less than #ej1jjj and not more than #bjj1jjj2 7iii7 in urban areas of the ,state with a population not less than #e1jjj and not more than #di1iii2 and 7iv7 in other areas of the ,state with a population less than #e1jjj2 and 2 7,b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,local consultation 7,a7 ,consultation with metropolitan planning organizations ,for purposes of clause 7ii7 of paragraph 7#a77;,a71 a ,state shall-- 7i7 establish a process to consult with all metropolitan planning organizations in the ,state that represent an urbanized area described in that clause2 and 7ii7 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 #bjbb through #bjbf4 7,b7 ,consultation with regional transportation planning organizations ,for purposes of clauses 7iii7 and 7iv7 of paragraph 7#a77;,a71 before obligating funding attributed to an area with a population less than #ej1jjj1 a ,state shall consult with the regional transportation planning organizations that represent the area1 if any4 2 and 7,c7 by striking paragraph 7#f72 7#d7 in subsection 7e77#a71 in the matter preceding subparagraph 7,a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#a7-- 7i7 by inserting or low water crossing 7as defined by the ,secretary7 after a highway bridge2 and 7ii7 by inserting or low water crossing 7as defined by the ,secretary7 after other than a bridge2 7,b7 in paragraph 7#b77;,a7-- 7i7 by striking activities described in subsection 7b77#b7 for off-system bridges and inserting activities described in paragraphs 7#a77;,a7 and 7#aj7 of subsection 7b7 for off-system bridges1 projects and activities described in subsection 7b77#a77;,a7 for the replacement of low water crossings with bridges1 and projects and activities described in subsection 7b77#aj7 for low water crossings 7as defined by the ,secretary712 and 7ii7 by striking #ae percent and inserting #bj percent2 and 7,c7 in paragraph 7#c71 in the matter preceding subparagraph 7,a7-- 7i7 by striking bridge or rehabilitation of a bridge and inserting bridge1 rehabilitation of a bridge1 or replacement of a low water crossing 7as defined by the ,secretary7 with a bridge2 and 7ii7 by inserting or1 in the case of a replacement of a low water crossing with a bridge1 is determined by the ,secretary on completion to have improved the safety of the location after no longer a deficient bridge2 7#f7 in subsection 7g7-- 7,a7 in the subsection heading1 by striking less than #e1jjj and inserting less than #ej1jjj2 and 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,notwithstanding subsection 7c71 and except as provided in paragraph 7#b71 up to #ae percent of the amounts required to be obligated by a ,state under clauses 7iii7 and 7iv7 of subsection 7d77#a77;,a7 for each fiscal year may be obligated on-- 7,a7 roads functionally classified as rural minor collectors or local roads2 or 7,b7 on critical rural freight corridors designated under section #afg7;e74 2 and 7#g7 by adding at the end the following3 7j7 ,rural barge landing1 dock1 and waterfront infrastructure projects 7#a7 ,in general ,a ,state may use not more than #e percent of the funds apportioned to the ,state under section #ajd7;b77#b7 for eligible rural barge landing1 dock1 and waterfront infrastructure projects described in paragraph 7#b74 7#b7 ,eligible projects ,an eligible rural barge landing1 dock1 or waterfront infrastructure project referred to in paragraph 7#a7 is a project for the planning1 designing1 engineering1 or construction of a barge landing1 dock1 or other waterfront infrastructure in a rural community or a ,native village 7as defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb77 that is off the road system4 7k7 ,projects in rural areas 7#a7 ,set aside ,notwithstanding subsection 7c71 in addition to the activities described in subsections 7b7 and 7g71 of the amounts apportioned to a ,state for each fiscal year to carry out this section1 not more than #ae percent may be-- 7,a7 used on eligible projects under subsection 7b7 or maintenance activities on roads functionally classified as rural minor collectors or local roads1 ice roads1 or seasonal roads2 or 7,b7 transferred to-- 7i7 the ,appalachian ,highway ,system ,program under #adeja of title #dj2 or 7ii7 the ,denali access system program under section #cji of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg74 7#b7 ,savings clause ,amounts allocated under subsection 7d7 shall not be used to carry out this subsection1 except at the request of the applicable metropolitan planning organization4 4 7b7 ,set-aside 7#a7 ,in general ,section #acc7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking ,reservation of funds and inserting ,in general2 and 7ii7 in the matter preceding subparagraph 7,a71 by striking for each fiscal year and all that follows through and at the end of subparagraph 7,a77ii7 and inserting the following3 8for fiscal year #bjbb and each fiscal year thereafter-- 7,a7 the ,secretary shall set aside an amount equal to #aj percent to carry out this subsection2 and 2 7,b7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,allocation within a ,state 7,a7 ,in general ,except as provided in subparagraph 7,b71 funds set aside for a ,state under paragraph 7#a7 shall be obligated within that ,state in the manner described in subsection 7d71 except that1 for purposes of this paragraph 7after funds are made available under paragraph 7#e77-- 7i7 for fiscal year #bjbb and each fiscal year thereafter1 the percentage referred to in paragraph 7#a77;,a7 of that subsection shall be deemed to be #ei percent2 and 7ii7 paragraph 7#c7 of subsection 7d7 shall not apply4 7,b7 ,local control ,a ,state may allocate up to #ajj percent of the funds referred to in subparagraph 7,a77i7 if-- 7i7 the ,state submits to the ,secretary a plan that describes-- 7,i7 how funds will be allocated to counties1 metropolitan planning organizations1 regional transportation planning organizations as described in section #ace7m71 or local governments2 7,,ii7 how the entities described in subclause 7,i7 will carry out a competitive process to select projects for funding and report selected projects to the ,state2 7,,iii7 the legal1 financial1 and technical capacity of the entities described in subclause 7,i72 7,,iv7 how input was gathered from the entities described in subclause 7,i7 to ensure those entities will be able to comply with the requirements of this subsection2 and 7,v7 how the ,state will comply with paragraph 7#h72 and 7ii7 the ,secretary approves the plan submitted under clause 7i74 2 7,c7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,eligible projects ,funds set aside under this subsection may be obligated for-- 7,a7 projects or activities described in section #aja7;a77#bi7 or #bac1 as those provisions were in effect on the day before the date of enactment of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab72 7,b7 projects and activities under the safe routes to school program under section #bjh2 and 7,c7 activities in furtherance of a vulnerable road user safety assessment 7as defined in section #adh7;a774 2 7,d7 in paragraph 7#d7-- 7i7 by striking subparagraph 7,a72 7ii7 by redesignating subparagraph 7,b7 as subparagraph 7,a72 7iii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 by redesignating clauses 7vii7 and 7viii7 as clauses 7viii7 and 7ix71 respectively2 7,,ii7 by inserting after clause 7vi7 the following3 7vii7 a metropolitan planning organization that serves an urbanized area with a population of #bjj1jjj or fewer2 2 7,,iii7 in clause 7viii7 7as so redesignated71 by striking responsible and all that follows through programs2 and and inserting a semicolon2 7,,iv7 in clause 7ix7 7as so redesignated7-- 7aa7 by inserting that serves an urbanized area with a population of over #bjj1jjj after metropolitan planning organization2 and 7bb7 by striking the period at the end and inserting 2 and2 and 7,v7 by adding at the end the following3 7x7 a ,state1 at the request of an entity described in clauses 7i7 through 7ix74 2 and 7iv7 by adding at the end the following3 7,b7 ,competitive process ,a ,state or metropolitan planning organization required to obligate funds in accordance with paragraph 7#b7 shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection4 7,c7 ,selection ,a metropolitan planning organization for an area described in subsection 7d77#a77;,a77i7 shall select projects under the competitive process described in subparagraph 7,b7 in consultation with the relevant ,state4 7,d7 ,prioritization ,the competitive process described in subparagraph 7,b7 shall include prioritization of project location and impact in high-need areas as defined by the ,state1 such as low-income1 transit-dependent1 rural1 or other areas4 2 7,e7 in paragraph 7#e77;,a71 by striking reserved under this section and inserting set aside under this subsection2 7,f7 in paragraph 7#f7-- 7i7 in subparagraph 7,b71 by striking reserved and inserting set aside2 and 7ii7 by adding at the end the following3 7,c7 ,improving accessibility and efficiency 7i7 ,in general ,a ,state may use an amount equal to not more than #e percent of the funds set aside for the ,state under this subsection1 after allocating funds in accordance with paragraph 7#b77;,a71 to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing-- 7,i7 to applicants for projects under this subsection application assistance1 technical assistance1 and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project2 and 7,,ii7 funding for #a or more full-time ,state employee positions to administer this subsection4 7ii7 ,use of funds ,amounts used under clause 7i7 may be expended-- 7,i7 directly by the ,state2 or 7,,ii7 through contracts with ,state agencies1 private entities1 or nonprofit entities4 2 7,g7 by redesignating paragraph 7#g7 as paragraph 7#h72 7,h7 by inserting after paragraph 7#f7 the following3 7#g7 ,federal share 7,a7 ,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 apply4 7,b7 ,flexible financing ,subject to subparagraph 7,a71 notwithstanding section #abj-- 7i7 funds made available to carry out section #adh may be credited toward the non-,federal share of the costs of a project under this subsection if the project-- 7,i7 is an eligible project described in section #adh7;e77#a72 and 7,,ii7 is consistent with the ,state strategic highway safety plan 7as defined in section #adh7;a772 7ii7 the non-,federal share for a project under this subsection may be calculated on a project1 multiple-project1 or program basis2 and 7iii7 the ,federal share of the cost of an individual project in this section may be up to #ajj percent4 7,c7 ,requirement ,subparagraph 7,b7 shall only apply to a ,state if the ,state has adequate financial controls1 as certified by the ,secretary1 to account for the average annual non-,federal share under this paragraph4 2 and 7,i7 in subparagraph 7,a7 of paragraph 7#h7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking describes and inserting includes2 and 7ii7 by striking clause 7ii7 and inserting the following3 7ii7 a list of each project selected for funding for each fiscal year1 including1 for each project-- 7,i7 the fiscal year during which the project was selected2 7,,ii7 the fiscal year in which the project is anticipated to be funded2 7,,iii7 the recipient2 7,,iv7 the location1 including the congressional district2 7,v7 the type2 7,,vi7 the cost2 and 7,,vii7 a brief description4 4 7#b7 ,state transferability ,section #abf7;b77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking reserved for a ,state under section #acc7;h7 for a fiscal year may and inserting the following3 8set aside for a ,state under section #acc7;h7 for a fiscal year-- 7,a7 may 2 and 7,c7 by adding at the end the following3 7,b7 may only be transferred if the ,secretary certifies that the ,state-- 7i7 held a competition in compliance with the guidance issued to carry out section #acc7;h7 and provided sufficient time for applicants to apply2 7ii7 offered to each eligible entity1 and provided on request of an eligible entity1 technical assistance2 and 7iii7 demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred4 4 #aaaaj4 ,nationally significant freight and highway projects 7a7 ,in general ,section #aag of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting multimodal before freight2 7#b7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a71 by inserting in and across rural and urban areas after people2 7,b7 in subparagraph 7,c71 by inserting or freight after highway2 7,c7 in subparagraph 7,e71 by inserting or freight after highway2 and 7,d7 in subparagraph 7,f71 by inserting 1 including highways that support movement of energy equipment after security2 7#c7 in subsection 7b71 by adding at the end the following3 7#c7 ,grant administration ,the ,secretary may-- 7,a7 retain not more than a total of #b 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 section2 and 7,b7 transfer portions of the funds retained under subparagraph 7,a7 to the relevant ,administrators to fund the award and oversight of grants provided under this section4 2 7#d7 in subsection 7c77#a7-- 7,a7 by redesignating subparagraph 7,h7 as subparagraph 7,i72 and 7,b7 by inserting after subparagraph 7,g7 the following3 7,h7 ,a multistate corridor organization4 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a7-- 7i7 in clause 7iii77,,ii71 by striking or at the end2 7ii7 in clause 7iv71 by striking and at the end2 and 7iii7 by adding at the end the following3 7v7 a wildlife crossing project2 7vi7 a surface transportation infrastructure project that-- 7,i7 is located within the boundaries of or functionally connected to an international border crossing area in the ,united ,states2 7,,ii7 improves a transportation facility owned by a ,federal1 ,state1 or local government entity2 and 7,,iii7 increases throughput efficiency of the border crossing described in subclause 7,i71 including-- 7aa7 a project to add lanes2 7bb7 a project to add technology2 and 7cc7 other surface transportation improvements2 7vii7 a project for a marine highway corridor designated by the ,secretary under section #eefja7;c7 of title #df 7including an inland waterway corridor71 if the ,secretary determines that the project-- 7,i7 is functionally connected to the ,national ,highway ,freight ,network2 and 7,,ii7 is likely to reduce on-road mobile source emissions2 or 7viii7 a highway1 bridge1 or freight project carried out on the ,national ,multimodal ,freight ,network established under section #gjajc of title #di2 and 2 and 7,b7 in paragraph 7#b77;,a71 in the matter preceding clause 7i7-- 7i7 by striking #fjj1jjj1jjj and inserting #cj percent2 and 7ii7 by striking fiscal years #bjaf through #bjbj1 in the aggregate1 and inserting each of fiscal years #bjbb through #bjbf2 7#f7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking #aj percent and inserting not less than #ae percent2 7,b7 in paragraph 7#c7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 the effect of the proposed project on safety on freight corridors with significant hazards1 such as high winds1 heavy snowfall1 flooding1 rockslides1 mudslides1 wildfire1 wildlife crossing onto the roadway1 or steep grades4 2 and 7,c7 by adding at the end the following3 7#d7 ,requirement ,of the amounts reserved under paragraph 7#a71 not less than #cj percent shall be used for projects in rural areas 7as defined in subsection 7i77#c774 2 7#g7 in subsection 7f77#b71 by inserting 7including a project to replace or rehabilitate a culvert1 or to reduce stormwater runoff for the purpose of improving habitat for aquatic species7 after environmental mitigation2 7#h7 in subsection 7h7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7#d7 enhancement of freight resilience to natural hazards or disasters1 including high winds1 heavy snowfall1 flooding1 rockslides1 mudslides1 wildfire1 wildlife crossing onto the roadway1 or steep grades2 7#e7 whether the project will improve the shared transportation corridor of a multistate corridor organization1 if applicable2 and 7#f7 prioritizing projects located in ,states in which neither the ,state nor an eligible entity in that ,state has been awarded a grant under this section4 2 7#i7 in subsection 7i77#b71 by striking other grants under this section and inserting grants under subsection 7e72 7#aj7 in subsection 7j7-- 7,a7 by striking the subsection designation and heading and all that follows through ,the ,federal share in paragraph 7#a7 and inserting the following3 7j7 ,federal assistance 7#a7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b7 or for a grant under subsection 7q71 the ,federal share 2 7,b7 in paragraph 7#a71 by adding at the end the following3 7,b7 ,small projects ,in the case of a project described in subsection 7e77#a71 the ,federal share of the cost of the project shall be #hj percent4 2 and 7,c7 in paragraph 7#b7-- 7i7 by striking ,federal assistance other and inserting ,except for grants under subsection 7q71 ,federal assistance other2 and 7ii7 by striking except that the total ,federal and inserting the following3 except that-- 7,a7 for a ,state with a population density of not more than #hj persons per square mile of land area1 based on the #bjaj census1 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 #abj7;b72 and 7,b7 for a ,state not described in subparagraph 7,a71 the total ,federal 2 7#aa7 by redesignating subsections 7k7 through 7n7 as subsections 7l71 7m71 7n71 and 7p71 respectively2 7#ab7 by inserting after subsection 7j7 the following3 7k7 ,efficient use of non-,federal funds 7#a7 ,in general ,notwithstanding any other provision of law and subject to approval by the ,secretary under paragraph 7#b77;,b71 in the case of any grant for a project under this section1 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-- 7,a7 the grant recipient may obligate and expend non-,federal funds with respect to the project for which the grant is provided2 and 7,b7 any non-,federal funds obligated or expended in accordance with subparagraph 7,a7 shall be credited toward the non-,federal cost share for the project for which the grant is provided4 7#b7 ,requirements 7,a7 ,application ,in order to obligate and expend non-,federal funds under paragraph 7#a71 the grant recipient shall submit to the ,secretary a request to obligate and expend non-,federal funds under that paragraph1 including-- 7i7 a description of the activities the grant recipient intends to fund2 7ii7 a justification for advancing the activities described in clause 7i71 including an assessment of the effects to the project scope1 schedule1 and budget if the request is not approved2 and 7iii7 the level of risk of the activities described in clause 7i74 7,b7 ,approval ,the ,secretary shall approve or disapprove each request submitted under subparagraph 7,a74 7,c7 ,compliance with applicable requirements ,any non-,federal funds obligated or expended under paragraph 7#a7 shall comply with all applicable requirements1 including any requirements included in the grant agreement4 7#c7 ,effect ,the obligation or expenditure of any non-,federal funds in accordance with this subsection shall not-- 7,a7 affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant2 7,b7 create an obligation on the part of the ,federal ,government to repay any non-,federal funds if the grant agreement is not signed2 or 7,c7 affect the ability of the recipient of the grant to obligate or expend non-,federal funds to meet the non-,federal cost share for the project for which the grant is provided after the period described in paragraph 7#a74 2 7#ac7 in subsection 7n7 7as so redesignated71 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,not later than #fj days before the date on which a grant is provided for a project under this section1 the ,secretary shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and ,environment and ,public ,works of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the proposed grant1 including-- 7,a7 an evaluation and justification for the applicable project2 and 7,b7 a description of the amount of the proposed grant award4 2 7#ad7 by inserting after subsection 7n7 7as so redesignated7 the following3 7o7 ,applicant notification 7#a7 ,in general ,not later than #fj days after the date on which a grant recipient for a project under this section is selected1 the ,secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected4 7#b7 ,inclusion ,a written notification under paragraph 7#a7 shall include an offer for a written or telephonic debrief by the ,secretary that will provide-- 7,a7 detail on the evaluation of the application of the eligible applicant2 and 7,b7 an explanation of and guidance on the reasons the application was not selected for a grant under this section4 7#c7 ,response 7,a7 ,in general ,not later than #cj days after the eligible applicant receives a written notification under paragraph 7#a71 if the eligible applicant opts to receive a debrief described in paragraph 7#b71 the eligible applicant shall notify the ,secretary that the eligible applicant is requesting a debrief4 7,b7 ,debrief ,if the eligible applicant submits a request for a debrief under subparagraph 7,a71 the ,secretary shall provide the debrief by not later than #fj days after the date on which the ,secretary receives the request for a debrief4 2 and 7#ae7 by striking subsection 7p7 7as so redesignated7 and inserting the following3 7p7 ,reports 7#a7 ,annual report 7,a7 ,in general ,notwithstanding any other provision of law1 not later than #cj days after the date on which the ,secretary selects a project for funding under this section1 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 project1 based on any criteria established by the ,secretary in accordance with this section4 7,b7 ,inclusions ,the report submitted under subparagraph 7,a7 shall specify each criterion established by the ,secretary that the project meets4 7,c7 ,availability ,the ,secretary shall make available on the website of the ,department of ,transportation the report submitted under subparagraph 7,a74 7,d7 ,applicability ,this paragraph applies to all projects described in subparagraph 7,a7 that the ,secretary selects on or after ,october #a1 #bjba4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the establishment1 solicitation1 selection1 and justification process with respect to the funding of projects under this section4 7,b7 ,report ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba and annually thereafter1 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 describes1 for each project selected to receive funding under this section-- 7i7 the process by which each project was selected2 7ii7 the factors that went into the selection of each project2 and 7iii7 the justification for the selection of each project based on any criteria established by the ,secretary in accordance with this section4 7#c7 ,inspector general ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba and annually thereafter1 the ,inspector ,general of the ,department of ,transportation shall-- 7,a7 conduct an assessment of the establishment1 solicitation1 selection1 and justification process with respect to the funding of projects under this section2 and 7,b7 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 7,a74 7q7 ,state incentives pilot program 7#a7 ,establishment ,there is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section 7referred to in this subsection as the pilot program74 7#b7 ,priority ,in awarding grants under the pilot program1 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 program4 7#c7 ,federal share 7,a7 ,in general ,notwithstanding any other provision of law1 the ,federal share of the cost of a project assisted with a grant under the pilot program may not exceed #ej percent4 7,b7 ,no federal involvement 7i7 ,in general ,for grants awarded under the pilot program1 except as provided in clause 7ii71 an eligible applicant may not use ,federal assistance to satisfy the non-,federal share of the cost under subparagraph 7,a74 7ii7 ,exception ,an eligible applicant may use funds from a secured loan 7as defined in section #fja7;a77 to satisfy the non-,federal share of the cost under subparagraph 7,a7 if the loan is repayable from non-,federal funds4 7#d7 ,reservation 7,a7 ,in general ,of the amounts made available to provide grants under this section1 the ,secretary shall reserve for each fiscal year #aej1jjj1jjj to provide grants under the pilot program4 7,b7 ,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 7,a71 the ,secretary shall use the unutilized amounts to provide other grants under this section4 7#e7 ,set-asides 7,a7 ,small projects 7i7 ,in general ,of the amounts reserved under paragraph 7#d77;,a71 the ,secretary shall reserve for each fiscal year not less than #aj percent for projects eligible for a grant under subsection 7e74 7ii7 ,requirement ,for a grant awarded from the amount reserved under clause 7i7-- 7,i7 the requirements of subsection 7e7 shall apply2 and 7,,ii7 the requirements of subsection 7g7 shall not apply4 7,b7 ,rural projects 7i7 ,in general ,of the amounts reserved under paragraph 7#d77;,a71 the ,secretary shall reserve for each fiscal year not less than #be percent for projects eligible for a grant under subsection 7i74 7ii7 ,requirement ,for a grant awarded from the amount reserved under clause 7i71 the requirements of subsection 7i7 shall apply4 7#f7 ,report to congress ,not later than #b years after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works and the ,committee on ,commerce1 ,science1 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 program1 including-- 7,a7 the number1 types1 and locations of eligible applicants that have applied for grants under the pilot program2 7,b7 the number1 types1 and locations of grant recipients under the pilot program2 7,c7 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 program2 and 7,d7 any recommendations for modifications to the pilot program4 7r7 ,multistate corridor organization defined ,for purposes of this section1 the term multistate corridor organization means an organization of a group of ,states developed through cooperative agreements1 coalitions1 or other arrangements to promote regional cooperation1 planning1 and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor4 7s7 ,additional authorization of appropriations ,in addition to amounts made available from the ,highway ,trust ,fund1 there are authorized to be appropriated to carry out this section1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated-- 7#a7 #a1jjj1jjj1jjj for fiscal year #bjbb2 7#b7 #a1ajj1jjj1jjj for fiscal year #bjbc2 7#c7 #a1bjj1jjj1jjj for fiscal year #bjbd2 7#d7 #a1cjj1jjj1jjj for fiscal year #bjbe2 and 7#e7 #a1djj1jjj1jjj for fiscal year #bjbf4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aag and inserting the following3 #aag4 ,nationally significant multimodal freight and highway projects4 4 7c7 ,efficient use of non-,federal funds 7#a7 ,in general ,notwithstanding any other provision of law1 in the case of a grant described in paragraph 7#b71 section #aag7k7 of title #bc1 ,united ,states ,code1 shall apply to the grant as if the grant was a grant provided under that section4 7#b7 ,grant described ,a grant referred to in paragraph 7#a7 is a grant that is-- 7,a7 provided under a competitive discretionary grant program administered by the ,federal ,highway ,administration2 7,b7 for a project eligible under title #bc1 ,united ,states ,code2 and 7,c7 in an amount greater than #e1jjj1jjj4 #aaaaa4 ,highway safety improvement program 7a7 ,in general ,section #adh of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 in clause 7i71 by inserting that provides for the safety of all road users1 as appropriate1 including a multimodal roundabout after improvement2 7ii7 in clause 7vi71 by inserting or a grade separation project after devices2 7iii7 by striking clause 7viii7 and inserting the following3 7viii7 ,construction or installation of features1 measures1 and road designs to calm traffic and reduce vehicle speeds4 2 7iv7 by striking clause 7xxvi7 and inserting the following3 7xxvi7 ,installation or upgrades of traffic control devices for pedestrians and bicyclists1 including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals4 2 and 7v7 by striking clauses 7xxvii7 and 7xxviii7 and inserting the following3 7xxvii7 ,roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles1 including medians1 pedestrian crossing islands1 protected bike lanes1 and protected intersection features4 7xxviii7 ,a pedestrian security feature designed to slow or stop a motor vehicle4 7xxix7 ,a physical infrastructure safety project not described in clauses 7i7 through 7xxviii74 2 7,b7 by redesignating paragraphs 7#i7 through 7#ab7 as paragraphs 7#aj71 7#ab71 7#ac71 and 7#ad71 respectively2 7,c7 by inserting after paragraph 7#h7 the following3 7#i7 ,safe system approach ,the term safe system approach means a roadway design-- 7,a7 that emphasizes minimizing the risk of injury or fatality to road users2 and 7,b7 that-- 7i7 takes into consideration the possibility and likelihood of human error2 7ii7 accommodates human injury tolerance by taking into consideration likely accident types1 resulting impact forces1 and the ability of the human body to withstand impact forces2 and 7iii7 takes into consideration vulnerable road users4 2 7,d7 by inserting after paragraph 7#aj7 7as so redesignated7 the following3 7#aa7 ,specified safety project 7,a7 ,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 plan4 7,b7 ,inclusion ,the term specified safety project includes a project that-- 7i7 promotes public awareness and informs the public regarding highway safety matters 7including safety for motorcyclists1 bicyclists1 pedestrians1 individuals with disabilities1 and other road users72 7ii7 facilitates enforcement of traffic safety laws2 7iii7 provides infrastructure and infrastructure-related equipment to support emergency services2 7iv7 conducts safety-related research to evaluate experimental safety countermeasures or equipment2 or 7v7 supports safe routes to school noninfrastructure-related activities described in section #bjh7;g77#b74 2 7,e7 in paragraph 7#ac7 7as so redesignated7-- 7i7 by redesignating subparagraphs 7,g71 7,h71 and 7,i7 as subparagraphs 7,h71 7,i71 and 7,j71 respectively2 and 7ii7 by inserting after subparagraph 7,f7 the following2 7,g7 includes a vulnerable road user safety assessment2 2 and 7,f7 by adding at the end the following3 7#ae7 ,vulnerable road user ,the term vulnerable road user means a nonmotorist-- 7,a7 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 #dij4bje of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 or 7,b7 described in the term number of non-motorized serious injuries in that section4 7#af7 ,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 7l74 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,a71 by striking subsections 7a77#aa7 and inserting subsections 7a77#ac72 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77vi71 by inserting and to differentiate the safety data for vulnerable road users1 including bicyclists1 motorcyclists1 and pedestrians1 from other road users after crashes2 7ii7 in subparagraph 7,b77i71 by striking 7including motorcyclists71 bicyclists1 pedestrians1 and inserting 1 vulnerable road users 7including motorcyclists1 bicyclists1 pedestrians712 and 7iii7 in subparagraph 7,d7-- 7,i7 in clause 7iv71 by striking and at the end2 7,,ii7 in clause 7v71 by striking the semicolon at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7vi7 improves the ability of the ,state to differentiate the fatalities and serious injuries of vulnerable road users1 including bicyclists1 motorcyclists1 and pedestrians1 from other road users2 2 7#c7 in subsection 7d77#b77;,b77i71 by striking subsection 7a77#aa7 and inserting subsection 7a77#ac72 7#d7 in subsection 7e71 by adding at the end the following3 7#c7 ,flexible funding for specified safety projects 7,a7 ,in general ,to advance the implementation of a ,state strategic highway safety plan1 a ,state may use not more than #aj percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for a fiscal year to carry out specified safety projects4 7,b7 ,rule of construction ,nothing in this paragraph requires a ,state to revise any ,state process1 plan1 or program in effect on the date of enactment of this paragraph4 7,c7 ,effect of paragraph 7i7 ,requirements ,a project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project4 7ii7 ,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 project4 2 7#e7 in subsection 7g71 by adding at the end the following3 7#c7 ,vulnerable road user safety ,if the total annual fatalities of vulnerable road users in a ,state represents not less than #ae percent of the total annual crash fatalities in the ,state1 that ,state shall be required to obligate not less than #ae percent of the amounts apportioned to the ,state under section #ajd7;b77#c7 for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users4 2 and 7#f7 by adding at the end the following3 7l7 ,vulnerable road user safety assessment 7#a7 ,in general ,not later than #b years after the date of enactment of this subsection1 each ,state shall complete a vulnerable road user safety assessment4 7#b7 ,contents ,a vulnerable road user safety assessment under paragraph 7#a7 shall include-- 7,a7 a quantitative analysis of vulnerable road user fatalities and serious injuries that-- 7i7 includes data such as location1 roadway functional classification1 design speed1 speed limit1 and time of day2 7ii7 considers the demographics of the locations of fatalities and serious injuries1 including race1 ethnicity1 income1 and age2 and 7iii7 based on the data1 identifies areas as high-risk to vulnerable road users2 and 7,b7 a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph 7,a77iii74 7#c7 ,use of data ,in carrying out a vulnerable road user safety assessment under paragraph 7#a71 a ,state shall use data from the most recent #e-year period for which data is available4 7#d7 ,requirements ,in carrying out a vulnerable road user safety assessment under paragraph 7#a71 a ,state shall-- 7,a7 take into consideration a safe system approach2 and 7,b7 consult with local governments1 metropolitan planning organizations1 and regional transportation planning organizations that represent a high-risk area identified under paragraph 7#b77;,a77iii74 7#e7 ,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 7d74 7#f7 ,requirement for transportation system access ,the program of projects developed under paragraph 7#b77;,b7 may not degrade transportation system access for vulnerable road users4 7#g7 ,guidance 7,a7 ,in general ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall develop guidance for ,states to carry out this subsection4 7,b7 ,consultation ,in developing the guidance under this paragraph1 the ,secretary shall consult with the ,states and relevant safety stakeholders4 4 7b7 ,high-risk rural roads 7#a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall update the study under section #aaab7;b77#a7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note2 ,public ,law #aab-ada74 7#b7 ,publication of report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall publish on the website of the ,department of ,transportation an update to the report described in section #aaab7;b77#b7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note2 ,public ,law #aab-ada74 7#c7 ,best practices manual ,not later than #ahj days after the date on which the report is published under paragraph 7#b71 the ,secretary shall update the best practices manual described in section #aaab7;b77#c7 of ,,map-#ba 7#bc ,u4,s4,c4 #adh note2 ,public ,law #aab-ada74 #aaaab4 ,federal lands transportation program ,section #bjc7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,d71 by striking #aj1jjj1jjj and inserting #bj1jjj1jjj2 and 7#b7 by adding at the end the following3 7#f7 ,native plant materials ,in carrying out an activity described in paragraph 7#a71 the entity carrying out the activity shall consider1 to the maximum extent practicable-- 7,a7 the use of locally adapted native plant materials2 and 7,b7 designs that minimize runoff and heat generation4 4 #aaaac4 ,federal lands access program 7a7 ,federal share ,section #bja of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b77#g77;,b71 by striking determined in accordance with section #abj1 and inserting be up to #ajj percent2 and 7#b7 in subsection 7c77#h77;,a71 by striking #e percent and inserting #bj percent4 7b7 ,federal lands access program ,section #bjd7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in the matter preceding clause 7i71 by inserting context-sensitive solutions1 after restoration12 7,b7 in clause 7i71 by inserting 1 including interpretive panels in or adjacent to those areas after areas2 7,c7 in clause 7v71 by striking and at the end2 7,d7 by redesignating clause 7vi7 as clause 7ix72 and 7,e7 by inserting after clause 7v7 the following3 7vi7 contextual wayfinding markers2 7vii7 landscaping2 7viii7 cooperative mitigation of visual blight1 including screening or removal2 and 2 and 7#b7 by adding at the end the following3 7#f7 ,native plant materials ,in carrying out an activity described in paragraph 7#a71 the ,secretary shall ensure that the entity carrying out the activity considers1 to the maximum extent practicable-- 7,a7 the use of locally adapted native plant materials2 and 7,b7 designs that minimize runoff and heat generation4 4 #aaaad4 ,national highway freight program ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#b71 by striking #aej miles and inserting #cjj miles2 and 7,b7 by adding at the end the following3 7#c7 ,rural states ,notwithstanding paragraph 7#b71 a ,state with a population per square mile of area that is less than the national average1 based on the #bjaj census1 may designate as critical rural freight corridors a maximum of #fjj miles of highway or #be percent of the primary highway freight system mileage in the ,state1 whichever is greater4 2 7#b7 in subsection 7f77#d71 by striking #ge miles and inserting #aej miles2 and 7#c7 in subsection 7i77#e77;,b7-- 7,a7 in the matter preceding clause 7i71 by striking #aj percent and inserting #cj percent2 7,b7 in clause 7i71 by striking and at the end2 7,c7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7iii7 for the modernization or rehabilitation of a lock and dam1 if the ,secretary determines that the project-- 7,i7 is functionally connected to the ,national ,highway ,freight ,network2 and 7,,ii7 is likely to reduce on-road mobile source emissions2 and 7iv7 on a marine highway corridor1 connector1 or crossing designated by the ,secretary under section #eefja7;c7 of title #df 7including an inland waterway corridor1 connector1 or crossing71 if the ,secretary determines that the project-- 7,i7 is functionally connected to the ,national ,highway ,freight ,network2 and 7,,ii7 is likely to reduce on-road mobile source emissions4 4 #aaaae4 ,congestion mitigation and air quality improvement program ,section #adi of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking subsection 7d7 and inserting subsections 7d7 and 7m77#a77;,b77ii7 7,b7 in paragraph 7#g71 by inserting shared micromobility 7including bikesharing and shared scooter systems71 after carsharing12 7,c7 in paragraph 7#h7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by inserting replacements or before retrofits2 7,,ii7 by striking clause 7i7 and inserting the following3 7i7 verified technologies 7as defined in section #gia of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaca77 for motor vehicles 7as defined in section #baf of the ,clean ,air ,act 7#db ,u4,s4,c4 #geej772 or 2 and 7,,iii7 in clause 7ii77,,ii71 by striking or at the end2 and 7ii7 in subparagraph 7,b71 by inserting replacements or before retrofits2 and 7iii7 by adding at the end the following3 7,c7 the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment2 2 7,d7 in paragraph 7#i71 by striking the period at the end and inserting a semicolon2 and 7,e7 by adding at the end the following3 7#aj7 if the project is for the modernization or rehabilitation of a lock and dam that-- 7,a7 is functionally connected to the ,federal-aid highway system2 and 7,b7 the ,secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard2 or 7#aa7 if the project is on a marine highway corridor1 connector1 or crossing designated by the ,secretary under section #eefja7;c7 of title #df 7including an inland waterway corridor1 connector1 or crossing7 that-- 7,a7 is functionally connected to the ,federal-aid highway system2 and 7,b7 the ,secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard4 2 7#b7 in subsection 7c71 by adding at the end the following3 7#d7 ,locks and dams2 marine highways ,for each fiscal year1 a ,state may not obligate more than #aj percent of the funds apportioned to the ,state under section #ajd7;b77#d7 for projects described in paragraphs 7#aj7 and 7#aa7 of subsection 7b74 2 7#c7 in subsection 7f77#d77;,a71 by inserting and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations after motor vehicles2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#a77;,b7-- 7i7 in the subparagraph heading1 by inserting replacement or before retrofit2 7ii7 by striking ,the term diesel retrofit and inserting ,the term diesel replacement or retrofit2 and 7iii7 by inserting or retrofit after replacement2 7,b7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting replacement or before retrofit2 and 7,c7 in paragraph 7#c71 by inserting replacements or before retrofits2 7#e7 in subsection 7k77#a71 by striking that reduce such fine particulate matter emissions in such area1 including diesel retrofits4 and inserting 8that-- 7,a7 reduce such fine particulate matter emissions in such area1 including diesel replacements or retrofits2 and 7,b7 to the extent practicable1 prioritize benefits to disadvantaged communities or low-income populations living in1 or immediately adjacent to1 such area4 2 7#f7 in subsection 7l71 by adding at the following3 7#c7 ,assistance to metropolitan planning organizations 7,a7 ,in general ,on the request of a metropolitan planning organization1 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 subsection4 7,b7 ,savings provision ,nothing in this paragraph provides the ,secretary the authority-- 7i7 to change the performance measures under section #aej7;c77#e7 or the performance targets established under section #acd7;h77#b7 or #aej7;d72 or 7ii7 to establish any other ,federal requirement4 2 and 7#g7 by striking subsection 7m7 and inserting the following3 7m7 ,operating assistance 7#a7 ,in general ,a ,state may obligate funds apportioned under section #ajd7;b77#d7 in an area of the ,state that is otherwise eligible for obligations of such funds for operating costs-- 7,a7 under chapter #ec of title #di2 or 7,b7 on-- 7i7 a system for which ,,cmaq funding was eligible1 made available1 obligated1 or expended in fiscal year #bjab2 or 7ii7 a ,state-supported ,amtrak route with a valid cost-sharing agreement under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bdaja note2 ,public ,law #aaj-dcb7 and no current nonattainment areas under subsection 7d74 7#b7 ,no time limitation ,operating assistance provided under paragraph 7#a7 shall have no imposed time limitation if the operating assistance is for-- 7,a7 a route described in subparagraph 7,b7 of that paragraph2 or 7,b7 a transit system that is located in-- 7i7 a non-urbanized area2 or 7ii7 an urbanized area with a population of #bjj1jjj or fewer4 4 #aaaaf4 ,alaska ,highway ,section #bah of title #bc1 ,united ,states ,code1 is amended to read as follows3 #bah4 ,alaska ,highway 7a7 ,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 ,creek1 ,yukon ,territory1 to ,haines ,junction in ,canada and the ,haines ,cutoff ,highway from ,haines ,junction in ,canada to ,haines1 ,alaska1 the ,secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program1 if the highway meets all applicable eligibility requirements for the program1 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 ,canada4 ,in addition to the funds described in the previous sentence1 notwithstanding any other provision of law and on agreement with the ,state of ,alaska1 the ,secretary is authorized to expend on such highway or the ,alaska ,marine ,highway ,system any ,federal-aid highway funds apportioned to the ,state of ,alaska under this title at a ,federal share of #ajj per centum4 ,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 7including an agreement in existence on the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba7 that provides1 in part1 that the ,canadian ,government-- 7#a7 will provide1 without participation of funds authorized under this title1 all necessary right-of-way for the reconstruction of such highways2 7#b7 will not impose any highway toll1 or permit any such toll to be charged for the use of such highways by vehicles or persons2 7#c7 will not levy or assess1 directly or indirectly1 any fee1 tax1 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 ,canada2 7#d7 will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the ,united ,states and ,canada2 and 7#e7 will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic4 7b7 ,the survey and construction work undertaken in ,canada pursuant to this section shall be under the general supervision of the ,secretary4 7c7 ,for purposes of this section1 the term ,alaska ,marine ,highway ,system includes all existing or planned transportation facilities and equipment in ,alaska1 including the lease1 purchase1 or construction of vessels1 terminals1 docks1 floats1 ramps1 staging areas1 parking lots1 bridges and approaches thereto1 and necessary roads4 7d7 ,notwithstanding any other provision of law1 a project assisted under this section in the ,state of ,alaska shall be treated as a project on a ,federal-aid highway under chapter #a4 4 #aaaag4 ,toll roads1 bridges1 tunnels1 and ferries 7a7 ,in general ,section #abi7;c7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a7 by striking the construction of ferry boats and ferry terminal facilities1 whether toll or free1 and inserting the construction of ferry boats and ferry terminal facilities 7including ferry maintenance facilities71 whether toll or free1 and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip14 7b7 ,diesel fuel ferry vessels 7#a7 ,in general ,notwithstanding section #adg7;b71 in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions1 the ,federal share of the cost of the project may be up to #he percent1 as determined by the ,state4 7#b7 ,sunset ,the authority provided by paragraph 7#a7 shall terminate on ,september #cj1 #bjbe4 #aaaah4 ,bridge investment program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #abc the following3 #abd4 ,bridge investment program 7a7 ,definitions ,in this section3 7#a7 ,eligible project 7,a7 ,in general ,the term eligible project means a project to replace1 rehabilitate1 preserve1 or protect #a or more bridges on the ,national ,bridge ,inventory under section #add7;b74 7,b7 ,inclusions ,the term eligible project includes-- 7i7 a bundle of projects described in subparagraph 7,a71 regardless of whether the bundle of projects meets the requirements of section #add7;j77#e72 and 7ii7 a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species4 7#b7 ,large project ,the term large project means an eligible project with total eligible project costs of greater than #ajj1jjj1jjj4 7#c7 ,program ,the term program means the bridge investment program established by subsection 7b77#a74 7b7 ,establishment of bridge investment program 7#a7 ,in general ,there is established a bridge investment program to provide financial assistance for eligible projects under this section4 7#b7 ,goals ,the goals of the program shall be-- 7,a7 to improve the safety1 efficiency1 and reliability of the movement of people and freight over bridges2 7,b7 to improve the condition of bridges in the ,united ,states by reducing-- 7i7 the number of bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition within the next #c years2 7ii7 the total person miles traveled over bridges-- 7,i7 in poor condition2 or 7,,ii7 in fair condition and at risk of falling into poor condition within the next #c years2 7iii7 the number of bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7iv7 the total person miles traveled over bridges that-- 7,i7 do not meet current geometric design standards2 or 7,,ii7 cannot meet the load and traffic requirements typical of the regional transportation network2 and 7,c7 to provide financial assistance that leverages and encourages non-,federal contributions from sponsors and stakeholders involved in the planning1 design1 and construction of eligible projects4 7c7 ,grant authority 7#a7 ,in general ,in carrying out the program1 the ,secretary may award grants1 on a competitive basis1 in accordance with this section4 7#b7 ,grant amounts ,except as otherwise provided1 a grant under the program shall be-- 7,a7 in the case of a large project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #ej1jjj1jjj2 and 7,b7 in the case of any other eligible project1 in an amount that is-- 7i7 adequate to fully fund the project 7in combination with other financial resources identified in the application72 and 7ii7 not less than #b1ejj1jjj4 7#c7 ,maximum amount ,except as otherwise provided1 for an eligible project receiving assistance under the program1 the amount of assistance provided by the ,secretary under this section1 as a share of eligible project costs1 shall be-- 7,a7 in the case of a large project1 not more than #ej percent2 and 7,b7 in the case of any other eligible project1 not more than #hj percent4 7#d7 ,federal share 7,a7 ,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 made1 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 #abj4 7,b7 ,off-system bridges ,in the case of an eligible project for an off-system bridge 7as defined in section #acc7;f77#a77-- 7i7 ,federal assistance other than a grant under the program may be used to satisfy the non-,federal share of the cost of a project2 and 7ii7 notwithstanding subparagraph 7,a71 the total ,federal assistance provided for the project shall not exceed #ij percent of the total eligible project costs4 7,c7 ,federal land management agencies and ,tribal governments ,notwithstanding any other provision of law1 ,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 governments4 7#e7 ,considerations 7,a7 ,in general ,in awarding grants under the program1 the ,secretary shall consider-- 7i7 in the case of a large project1 the ratings assigned under subsection 7g77#e77;,a72 7ii7 in the case of an eligible project other than a large project1 the quality rating assigned under subsection 7f77#c77;,a77ii72 7iii7 the average daily person and freight throughput supported by the eligible project2 7iv7 the number and percentage of bridges within the same ,state as the eligible project that are in poor condition2 7v7 the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects2 7vi7 in the case of an eligible project of a ,federal land management agency1 the extent to which the grant would reduce a ,federal liability or ,federal infrastructure maintenance backlog2 7vii7 geographic diversity among grant recipients1 including the need for a balance between the needs of rural and urban communities2 and 7viii7 the extent to which a bridge that would be assisted with a grant-- 7,i7 is1 without that assistance-- 7aa7 at risk of falling into or remaining in poor condition2 or 7bb7 in fair condition and at risk of falling into poor condition within the next #c years2 7,,ii7 does not meet current geometric design standards based on-- 7aa7 the current use of the bridge2 or 7bb7 load and traffic requirements typical of the regional corridor or local network in which the bridge is located2 or 7,,iii7 does not meet current seismic design standards4 7,b7 ,requirement ,the ,secretary shall-- 7i7 give priority to an application for an eligible project that is located within a ,state for which-- 7,i7 #b or more applications for eligible projects within the ,state were submitted for the current fiscal year and an average of #b or more applications for eligible projects within the ,state were submitted in prior fiscal years of the program2 and 7,,ii7 fewer than #b grants have been awarded for eligible projects within the ,state under the program2 7ii7 during the period of fiscal years #bjbb through #bjbf1 for each ,state described in clause 7i71 select-- 7,i7 not fewer than #a large project that the ,secretary determines is justified under the evaluation under subsection 7g77#d72 or 7,,ii7 #b eligible projects that are not large projects that the ,secretary determines are justified under the evaluation under subsection 7f77#c72 and 7iii7 not be required to award a grant for an eligible project that the ,secretary does not determine is justified under an evaluation under subsection 7f77#c7 or 7g77#d74 7#f7 ,culvert limitation ,not more than #e 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 rehabilitation4 7d7 ,eligible entity ,the ,secretary may make a grant under the program to any of the following3 7#a7 ,a ,state or a group of ,states4 7#b7 ,a metropolitan planning organization that serves an urbanized area 7as designated by the ,bureau of the ,census7 with a population of over #bjj1jjj4 7#c7 ,a unit of local government or a group of local governments4 7#d7 ,a political subdivision of a ,state or local government4 7#e7 ,a special purpose district or public authority with a transportation function4 7#f7 ,a ,federal land management agency4 7#g7 ,a ,tribal government or a consortium of ,tribal governments4 7#h7 ,a multistate or multijurisdictional group of entities described in paragraphs 7#a7 through 7#g74 7e7 ,eligible project requirements ,the ,secretary may make a grant under the program only to an eligible entity for an eligible project that-- 7#a7 in the case of a large project1 the ,secretary recommends for funding in the annual report on funding recommendations under subsection 7g77#f71 except as provided in subsection 7g77#a77;,b72 7#b7 is reasonably expected to begin construction not later than #ah months after the date on which funds are obligated for the project2 and 7#c7 is based on the results of preliminary engineering4 7f7 ,competitive process and evaluation of eligible projects other than large projects 7#a7 ,competitive process 7,a7 ,in general ,the ,secretary shall-- 7i7 for the first fiscal year for which funds are made available for obligation under the program1 not later than #fj days after the date on which the template under subparagraph 7,b77i7 is developed1 and in subsequent fiscal years1 not later than #fj days after the date on which amounts are made available for obligation under the program1 solicit grant applications for eligible projects other than large projects2 and 7ii7 not later than #abj days after the date on which the solicitation under clause 7i7 expires1 conduct evaluations under paragraph 7#c74 7,b7 ,requirements ,in carrying out subparagraph 7,a71 the ,secretary shall-- 7i7 develop a template for applicants to use to summarize project needs and benefits1 including benefits described in paragraph 7#c77;,b77i72 and 7ii7 enable applicants to use data from the ,national ,bridge ,inventory under section #add7;b7 to populate templates described in clause 7i71 as applicable4 7#b7 ,applications ,an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,evaluation 7,a7 ,in general ,prior to providing a grant under this subsection1 the ,secretary shall-- 7i7 conduct an evaluation of each eligible project for which an application is received under this subsection2 and 7ii7 assign a quality rating to the eligible project on the basis of the evaluation under clause 7i74 7,b7 ,requirements ,in carrying out an evaluation under subparagraph 7,a71 the ,secretary shall-- 7i7 consider information on project benefits submitted by the applicant using the template developed under paragraph 7#a77;,b77i71 including whether the project will generate1 as determined by the ,secretary-- 7,i7 costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project2 7,,ii7 in the case of a bundle of projects1 benefits from executing the projects as a bundle compared to as individual projects2 7,,iii7 safety benefits1 including the reduction of accidents and related costs2 7,,iv7 person and freight mobility benefits1 including congestion reduction and reliability improvements2 7,v7 national or regional economic benefits2 7,,vi7 benefits from long-term resiliency to extreme weather events1 flooding1 or other natural disasters2 7,,vii7 benefits from protection 7as described in section #acc7;b77#aj771 including improving seismic or scour protection2 7,,viii7 environmental benefits1 including wildlife connectivity2 7,,ix7 benefits to nonvehicular and public transportation users2 7,x7 benefits of using-- 7aa7 innovative design and construction techniques2 or 7bb7 innovative technologies2 or 7,,xi7 reductions in maintenance costs1 including1 in the case of a federally-owned bridge1 cost savings to the ,federal budget2 and 7ii7 consider whether and the extent to which the benefits1 including the benefits described in clause 7i71 are more likely than not to outweigh the total project costs4 7g7 ,competitive process1 evaluation1 and annual report for large projects 7#a7 ,in general 7,a7 ,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 require1 including information described in paragraph 7#b71 in order for a large project to be considered for a recommendation by the ,secretary for funding in the next annual report under paragraph 7#f74 7,b7 ,first fiscal year ,notwithstanding subparagraph 7,a71 for the first fiscal year for which funds are made available for obligation for grants under the program1 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 require1 including information described in paragraph 7#b71 in order for a large project to be considered for immediate execution of a grant agreement4 7#b7 ,information required ,the information referred to in paragraph 7#a7 includes-- 7,a7 all necessary information required for the ,secretary to evaluate the large project2 and 7,b7 information sufficient for the ,secretary to determine that-- 7i7 the large project meets the applicable requirements under this section2 and 7ii7 there is a reasonable likelihood that the large project will continue to meet the requirements under this section4 7#c7 ,determination2 notice ,on making a determination that information submitted to the ,secretary under paragraph 7#a7 is sufficient1 the ,secretary shall provide a written notice of that determination to-- 7,a7 the eligible entity that submitted the application2 7,b7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#d7 ,evaluation ,the ,secretary may recommend a large project for funding in the annual report under paragraph 7#f71 or1 in the case of the first fiscal year for which funds are made available for obligation for grants under the program1 immediately execute a grant agreement for a large project1 only if the ,secretary evaluates the proposed project and determines that the project is justified because the project-- 7,a7 addresses a need to improve the condition of the bridge1 as determined by the ,secretary1 consistent with the goals of the program under subsection 7b77#b72 7,b7 will generate1 as determined by the ,secretary-- 7i7 costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project2 7ii7 in the case of a bundle of projects1 benefits from executing the projects as a bundle compared to as individual projects2 7iii7 safety benefits1 including the reduction of accidents and related costs2 7iv7 person and freight mobility benefits1 including congestion reduction and reliability improvements2 7v7 national or regional economic benefits2 7vi7 benefits from long-term resiliency to extreme weather events1 flooding1 or other natural disasters2 7vii7 benefits from protection 7as described in section #acc7;b77#aj771 including improving seismic or scour protection2 7viii7 environmental benefits1 including wildlife connectivity2 7ix7 benefits to nonvehicular and public transportation users2 7x7 benefits of using-- 7,i7 innovative design and construction techniques2 or 7,,ii7 innovative technologies2 or 7xi7 reductions in maintenance costs1 including1 in the case of a federally-owned bridge1 cost savings to the ,federal budget2 7,c7 is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph 7,b7 are expected to outweigh the project costs2 7,d7 is supported by other ,federal or non-,federal financial commitments or revenues adequate to fund ongoing maintenance and preservation2 and 7,e7 is consistent with the objectives of an applicable asset management plan of the project sponsor1 including a ,state asset management plan under section #aai7;e7 in the case of a project on the ,national ,highway ,system that is sponsored by a ,state4 7#e7 ,ratings 7,a7 ,in general ,the ,secretary shall develop a methodology to evaluate and rate a large project on a #e-point scale 7the points of which include high1 medium-high1 medium1 medium-low1 and low7 for each of-- 7i7 paragraph 7#d77;,b72 7ii7 paragraph 7#d77;,c72 and 7iii7 paragraph 7#d77;,d74 7,b7 ,requirement ,to be considered justified and receive a recommendation for funding in the annual report under paragraph 7#f71 a project shall receive a rating of not less than medium for each rating required under subparagraph 7,a74 7,c7 ,interim methodology ,in the first fiscal year for which funds are made available for obligation for grants under the program1 the ,secretary may establish an interim methodology to evaluate and rate a large project for each of-- 7i7 paragraph 7#d77;,b72 7ii7 paragraph 7#d77;,c72 and 7iii7 paragraph 7#d77;,d74 7#f7 ,annual report on funding recommendations for large projects 7,a7 ,in general ,not later than the first ,monday in ,february of each year1 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-- 7i7 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 year2 7ii7 the evaluation under paragraph 7#d7 and ratings under paragraph 7#e7 for each project referred to in clause 7i72 7iii7 the grant amounts that the ,secretary recommends providing to large projects in the next fiscal year1 including-- 7,i7 scheduled payments under previously signed multiyear grant agreements under subsection 7j72 7,,ii7 payments for new grant agreements1 including single-year grant agreements and multiyear grant agreements2 and 7,,iii7 a description of how amounts anticipated to be available for the program from the ,highway ,trust ,fund for that fiscal year will be distributed2 and 7iv7 for each project for which the ,secretary recommends a new multiyear grant agreement under subsection 7j71 the proposed payout schedule for the project4 7,b7 ,limitations 7i7 ,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 years4 7ii7 ,general fund projects ,the ,secretary-- 7,i7 may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the ,treasury2 but 7,,ii7 shall not execute a grant agreement for that project unless-- 7aa7 funds other than from the ,highway ,trust ,fund have been made available for the project2 and 7bb7 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 years4 7,c7 ,considerations ,in selecting projects to recommend for funding in the annual report under this paragraph1 or1 in the case of the first fiscal year for which funds are made available for obligation for grants under the program1 projects for immediate execution of a grant agreement1 the ,secretary shall-- 7i7 consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph 7,b72 and 7ii7 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 authorization4 7,d7 ,project diversity ,in selecting projects to recommend for funding in the annual report under this paragraph1 the ,secretary shall ensure diversity among projects recommended based on-- 7i7 the amount of the grant requested2 and 7ii7 grants for an eligible project for #a bridge compared to an eligible project that is a bundle of projects4 7h7 ,eligible project costs ,a grant received for an eligible project under the program may be used for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements directly related to improving system performance2 and 7#c7 expenses related to the protection 7as described in section #acc7;b77#aj77 of a bridge1 including seismic or scour protection4 7i7 ,,tifia program ,on the request of an eligible entity carrying out an eligible project1 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 #f with respect to the eligible project for which the grant was awarded4 7j7 ,multiyear grant agreements for large projects 7#a7 ,in general ,a large project that receives a grant under the program in an amount of not less than #ajj1jjj1jjj may be carried out through a multiyear grant agreement in accordance with this subsection4 7#b7 ,requirements ,a multiyear grant agreement for a large project described in paragraph 7#a7 shall-- 7,a7 establish the terms of participation by the ,federal ,government in the project2 7,b7 establish the maximum amount of ,federal financial assistance for the project in accordance with paragraphs 7#c7 and 7#d7 of subsection 7c72 7,c7 establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than #d fiscal years after the fiscal year in which the initial amount is provided2 7,d7 determine the period of time for completing the project1 even if that period extends beyond the period of an authorization2 and 7,e7 attempt to improve timely and efficient management of the project1 consistent with all applicable ,federal laws 7including regulations74 7#c7 ,special financial rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,b7 ,statement of contingent commitment ,the agreement shall state that the contingent commitment is not an obligation of the ,federal ,government4 7,c7 ,interest and other financing costs 7i7 ,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 agreement1 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 borrowing4 7ii7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7#d7 ,advance payment ,notwithstanding any other provision of law1 an eligible entity carrying out a large project under a multiyear grant agreement-- 7,a7 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 obligation2 and 7,b7 if the eligible entity uses funds as described in subparagraph 7,a71 the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project4 7k7 ,undertaking parts of projects in advance under letters of no prejudice 7#a7 ,in general ,the ,secretary may pay to an applicant all eligible project costs under the program1 including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if-- 7,a7 before the applicant carries out the activity1 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 program2 7,b7 a record of decision1 a finding of no significant impact1 or a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been issued for the eligible project2 and 7,c7 the activity is carried out without ,federal assistance and in accordance with all applicable procedures and requirements4 7#b7 ,interest and other financing costs 7,a7 ,in general ,for purposes of paragraph 7#a71 the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs1 including any interest earned and payable on bonds1 to the extent interest and other financing costs are expended in carrying out the activity for the eligible project1 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 borrowing4 7,b7 ,certification ,the applicant shall certify to the ,secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph 7,a74 7#c7 ,no obligation or influence on recommendations ,an approval by the ,secretary under paragraph 7#a77;,a7 shall not-- 7,a7 constitute an obligation of the ,federal ,government2 or 7,b7 alter or influence any evaluation under subsection 7f77#c77;,a77i7 or 7g77#d7 or any recommendation by the ,secretary for funding under the program4 7l7 ,federally-owned bridges 7#a7 ,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 program1 the agency-- 7,a7 shall consider options to divest the bridge to a ,state or local entity after completion of the project2 and 7,b7 may apply jointly with the ,state or local entity to which the bridge may be divested4 7#b7 ,treatment ,notwithstanding any other provision of law1 section #abi 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 7#a7 in the same manner as if the bridge was never federally owned4 7m7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under this chapter4 7n7 ,congressional notification ,not later than #cj days before making a grant for an eligible project under the program1 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-- 7#a7 an evaluation and justification for the eligible project2 and 7#b7 the amount of the proposed grant4 7o7 ,reports 7#a7 ,annual report ,not later than ,august #a of each fiscal year1 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 year4 7#b7 ,,gao assessment and report ,not later than #c years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under the program2 and 7,b7 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-- 7i7 the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected2 and 7ii7 the justification and criteria used for the selection of each eligible project4 7p7 ,limitation 7#a7 ,large projects ,of the amounts made available out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this section for each of fiscal years #bjbb through #bjbf1 not less than #ej percent1 in aggregate1 shall be used for large projects4 7#b7 ,unutilized amounts ,if1 in fiscal year #bjbf1 the ,secretary determines that grants under the program will not allow for the requirement under paragraph 7#a7 to be met1 the ,secretary shall use the unutilized amounts to make other grants under the program during that fiscal year4 7q7 ,tribal transportation facility bridge set aside 7#a7 ,in general ,of the amounts made available from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a fiscal year to carry out this section1 the ,secretary shall use1 to carry out section #bjb7;d7-- 7,a7 #af1jjj1jjj for fiscal year #bjbb2 7,b7 #ah1jjj1jjj for fiscal year #bjbc2 7,c7 #bj1jjj1jjj for fiscal year #bjbd2 7,d7 #bb1jjj1jjj for fiscal year #bjbe2 and 7,e7 #bd1jjj1jjj for fiscal year #bjbf4 7#b7 ,treatment ,for purposes of section #bja1 funds made available for section #bjb7;d7 under paragraph 7#a7 shall be considered to be part of the tribal transportation program4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #abc the following3 #abd4 ,bridge investment program4 4 #aaaai4 ,safe routes to school 7a7 ,in general ,chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after section #bjg the following3 #bjh4 ,safe routes to school 7a7 ,definitions ,in this section3 7#a7 ,in the vicinity of schools ,the term in the vicinity of schools1 with respect to a school1 means the approximately #b-mile area within bicycling and walking distance of the school4 7#b7 ,primary1 middle1 and high schools ,the term primary1 middle1 and high schools means schools providing education from kindergarten through #abth grade4 7b7 ,establishment ,subject to the requirements of this section1 the ,secretary shall establish and carry out a safe routes to school program for the benefit of children in primary1 middle1 and high schools4 7c7 ,purposes ,the purposes of the program established under subsection 7b7 shall be-- 7#a7 to enable and encourage children1 including those with disabilities1 to walk and bicycle to school2 7#b7 to make bicycling and walking to school a safer and more appealing transportation alternative1 thereby encouraging a healthy and active lifestyle from an early age2 and 7#c7 to facilitate the planning1 development1 and implementation of projects and activities that will improve safety and reduce traffic1 fuel consumption1 and air pollution in the vicinity of schools4 7d7 ,apportionment of funds 7#a7 ,in general ,subject to paragraphs 7#b71 7#c71 and 7#d71 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-- 7,a7 the total student enrollment in primary1 middle1 and high schools in each ,state2 bears to 7,b7 the total student enrollment in primary1 middle1 and high schools in all ,states4 7#b7 ,minimum apportionment ,no ,state shall receive an apportionment under this section for a fiscal year of less than #a1jjj1jjj4 7#c7 ,set-aside for administrative expenses ,before apportioning under this subsection amounts made available to carry out this section for a fiscal year1 the ,secretary shall set aside not more than #c1jjj1jjj of those amounts for the administrative expenses of the ,secretary in carrying out this section4 7#d7 ,determination of student enrollments ,determinations under this subsection relating to student enrollments shall be made by the ,secretary4 7e7 ,administration of amounts ,amounts apportioned to a ,state under this section shall be administered by the ,state department of transportation4 7f7 ,eligible recipients ,amounts apportioned to a ,state under this section shall be used by the ,state to provide financial assistance to ,state1 local1 ,tribal1 and regional agencies1 including nonprofit organizations1 that demonstrate an ability to meet the requirements of this section4 7g7 ,eligible projects and activities 7#a7 ,infrastructure-related projects 7,a7 ,in general ,amounts apportioned to a ,state under this section may be used for the planning1 design1 and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school1 including sidewalk improvements1 traffic calming and speed reduction improvements1 pedestrian and bicycle crossing improvements1 on-street bicycle facilities1 off-street bicycle and pedestrian facilities1 secure bicycle parking facilities1 and traffic diversion improvements in the vicinity of schools4 7,b7 ,location of projects ,infrastructure-related projects under subparagraph 7,a7 may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools4 7#b7 ,noninfrastructure-related activities 7,a7 ,in general ,in addition to projects described in paragraph 7#a71 amounts apportioned to a ,state under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school1 including public awareness campaigns and outreach to press and community leaders1 traffic education and enforcement in the vicinity of schools1 student sessions on bicycle and pedestrian safety1 health1 and environment1 and funding for training1 volunteers1 and managers of safe routes to school programs4 7,b7 ,allocation ,not less than #aj percent and not more than #cj percent of the amount apportioned to a ,state under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph4 7#c7 ,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 ,state4 7h7 ,clearinghouse 7#a7 ,in general ,the ,secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools-- 7,a7 to operate a national safe routes to school clearinghouse2 7,b7 to develop information and educational programs on safe routes to school2 and 7,c7 to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs4 7#b7 ,funding ,the ,secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection 7d77#c74 7i7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under chapter #a4 4 7b7 ,conforming amendments 7#a7 ,the analysis for chapter #b of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjg the following3 #bjh4 ,safe routes to school4 4 7#b7 ,section #adjd of ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aji-ei7 is repealed4 7#c7 ,the table of contents in section #a7;b7 of ,,safetea-,,lu 7,public ,law #aji-ei2 #aai ,stat4 #aadd7 is amended by striking the item relating to section #adjd4 #aaabj4 ,highway use tax evasion projects ,section #adc7;b77#b77;,a7 of title #bc1 ,united ,states ,code1 is amended by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf4 #aaaba4 ,construction of ferry boats and ferry terminal facilities ,section #adg of title #bc1 ,united ,states ,code1 is amended by striking subsection 7h7 and inserting the following3 7h7 ,authorization of appropriations ,there are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 to carry out this section-- 7#a7 #aaj1jjj1jjj for fiscal year #bjbb2 7#b7 #aab1jjj1jjj for fiscal year #bjbc2 7#c7 #aad1jjj1jjj for fiscal year #bjbd2 7#d7 #aaf1jjj1jjj for fiscal year #bjbe2 and 7#e7 #aah1jjj1jjj for fiscal year #bjbf4 4 #aaabb4 ,vulnerable road user research 7a7 ,definitions ,in this subsection3 7#a7 ,administrator ,the term ,administrator means the ,secretary1 acting through the ,administrator of the ,federal ,highway ,administration4 7#b7 ,vulnerable road user ,the term vulnerable road user has the meaning given the term in section #adh7;a7 of title #bc1 ,united ,states ,code4 7b7 ,establishment of research plan ,the ,administrator shall establish a research plan to prioritize research on roadway designs1 the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users1 and the promotion of bicycling and walking1 including research relating to-- 7#a7 roadway safety improvements1 including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context2 7#b7 the impacts of traffic speeds1 and access to low-traffic stress corridors1 on safety and rates of bicycling and walking2 7#c7 tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking2 and 7#d7 other research areas to be determined by the ,administrator4 7c7 ,vulnerable road user assessments ,the ,administrator shall-- 7#a7 review each vulnerable road user safety assessment submitted by a ,state under section #adh7l7 of title #bc1 ,united ,states ,code1 and other relevant sources of data to determine what1 if any1 standard definitions and methods should be developed through guidance to enable a ,state to collect pedestrian injury and fatality data2 and 7#b7 in the first progress update under subsection 7d77#b71 provide-- 7,a7 the results of the determination described in paragraph 7#a72 and 7,b7 the recommendations of the ,secretary with respect to the collection and reporting of data on the safety of vulnerable road users4 7d7 ,submission2 publication 7#a7 ,submission of plan ,not later than #ahj days after the date of enactment of this ,act1 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 7b74 7#b7 ,progress updates ,not later than #b years after the date of enactment of this ,act1 and biannually thereafter1 the ,administrator shall submit to the ,committees described in paragraph 7#a7-- 7,a7 updates on the progress and findings of the research conducted pursuant to the plan described in subsection 7b72 and 7,b7 in the first submission under this paragraph1 the results and recommendations described in subsection 7c77#b74 #aaabc4 ,wildlife crossing safety 7a7 ,declaration of policy ,section #aja7;b77#c77;,d7 of title #bc1 ,united ,states ,code1 is amended1 in the matter preceding clause 7i71 by inserting resilient1 after efficient14 7b7 ,wildlife crossings pilot program 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #aga4 ,wildlife crossings pilot program 7a7 ,finding ,congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because-- 7#a7 according to the report of the ,federal ,highway ,administration entitled ,wildlife-,vehicle ,collision ,reduction ,study1 there are more than #a1jjj1jjj wildlife-vehicle collisions every year2 7#b7 wildlife-vehicle collisions-- 7,a7 present a danger to-- 7i7 human safety2 and 7ii7 wildlife survival2 and 7,b7 represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the ,united ,states2 and 7#c7 the total annual cost associated with wildlife-vehicle collisions has been estimated to be #h1chh1jjj1jjj2 and 7#d7 wildlife-vehicle collisions are a major threat to the survival of species1 including birds1 reptiles1 mammals1 and amphibians4 7b7 ,establishment ,the ,secretary shall establish a competitive wildlife crossings pilot program 7referred to in this section as the pilot program7 to provide grants for projects that seek to achieve-- 7#a7 a reduction in the number of wildlife-vehicle collisions2 and 7#b7 in carrying out the purpose described in paragraph 7#a71 improved habitat connectivity for terrestrial and aquatic species4 7c7 ,eligible entities ,an entity eligible to apply for a grant under the pilot program is-- 7#a7 a ,state highway agency1 or an equivalent of that agency2 7#b7 a metropolitan planning organization 7as defined in section #acd7;b772 7#c7 a unit of local government2 7#d7 a regional transportation authority2 7#e7 a special purpose district or public authority with a transportation function1 including a port authority2 7#f7 an ,indian tribe 7as defined in section #bjg7m77#a771 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb772 7#g7 a ,federal land management agency2 or 7#h7 a group of any of the entities described in paragraphs 7#a7 through 7#g74 7d7 ,applications 7#a7 ,in general ,to be eligible to receive a grant under the pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,requirement ,if an application under paragraph 7#a7 is submitted by an eligible entity other than an eligible entity described in paragraph 7#a7 or 7#g7 of subsection 7c71 the application shall include documentation that the ,state highway agency1 or an equivalent of that agency1 of the ,state in which the eligible entity is located was consulted during the development of the application4 7#c7 ,guidance ,to enhance consideration of current and reliable data1 eligible entities may obtain guidance from an agency in the ,state with jurisdiction over fish and wildlife4 7e7 ,considerations ,in selecting grant recipients under the pilot program1 the ,secretary shall take into consideration the following3 7#a7 ,primarily1 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 species4 7#b7 ,secondarily1 the extent to which the proposed project of an eligible entity is likely to accomplish the following3 7,a7 ,leveraging ,federal investment by encouraging non-,federal contributions to the project1 including projects from public-private partnerships4 7,b7 ,supporting local economic development and improvement of visitation opportunities4 7,c7 ,incorporation of innovative technologies1 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 species4 7,d7 ,provision of educational and outreach opportunities4 7,e7 ,monitoring and research to evaluate1 compare effectiveness of1 and identify best practices in1 selected projects4 7,f7 ,any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species1 as the ,secretary determines to be appropriate1 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 subparagraph4 7f7 ,use of funds 7#a7 ,in general ,the ,secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions4 7#b7 ,grant administration 7,a7 ,in general ,a grant received under the pilot program shall be administered by-- 7i7 in the case of a grant to a ,federal land management agency or an ,indian tribe 7as defined in section #bjg7m77#a71 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb7771 the ,federal ,highway ,administration1 through an agreement2 and 7ii7 in the case of a grant to an eligible entity other than an eligible entity described in clause 7i71 the ,state highway agency1 or an equivalent of that agency1 for the ,state in which the project is to be carried out4 7,b7 ,partnerships 7i7 ,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 7ii71 in accordance with the terms of the project agreement4 7ii7 ,eligible partners described ,the eligible partners referred to in clause 7i7 include-- 7,i7 a metropolitan planning organization 7as defined in section #acd7;b772 7,,ii7 a unit of local government2 7,,iii7 a regional transportation authority2 7,,iv7 a special purpose district or public authority with a transportation function1 including a port authority2 7,v7 an ,indian tribe 7as defined in section #bjg7m77#a771 including a ,native village and a ,native ,corporation 7as those terms are defined in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb772 7,,vi7 a ,federal land management agency2 7,,vii7 a foundation1 nongovernmental organization1 or institution of higher education2 7,,viii7 a ,federal1 ,tribal1 regional1 or ,state government entity2 and 7,,ix7 a group of any of the entities described in subclauses 7,i7 through 7,,viii74 7#c7 ,compliance ,an eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph 7#b7 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 funds4 7g7 ,requirement ,the ,secretary shall ensure that not less than #fj percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas4 7h7 ,annual report to ,congress 7#a7 ,in general ,not later than ,december #ca of each calendar year1 the ,secretary shall submit to ,congress1 and make publicly available1 a report describing the activities under the pilot program for the fiscal year that ends during that calendar year4 7#b7 ,contents ,the report under paragraph 7#a7 shall include-- 7,a7 a detailed description of the activities carried out under the pilot program2 7,b7 an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection 7b72 and 7,c7 policy recommendations to improve the effectiveness of the pilot program4 7i7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under this chapter4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #agj the following3 #aga4 ,wildlife crossings pilot program44 7c7 ,wildlife vehicle collision reduction and habitat connectivity improvement 7#a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by subsection 7b77#a771 is amended by adding at the end the following3 #agb4 ,wildlife-vehicle collision reduction and habitat connectivity improvement 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study 7referred to in this subsection as the study7 of the state1 as of the date of the study1 of the practice of methods to reduce collisions between motorists and wildlife 7referred to in this section as wildlife-vehicle collisions74 7#b7 ,contents 7,a7 ,areas of study ,the study shall-- 7i7 update and expand on1 as appropriate-- 7,i7 the report entitled ,wildlife ,vehicle ,collision ,reduction ,study3 #bjjh ,report to ,congress2 and 7,,ii7 the document entitled ,wildlife ,vehicle ,collision ,reduction ,study3 ,best ,practices ,manual and dated ,october #bjjh2 and 7ii7 include-- 7,i7 an assessment1 as of the date of the study1 of-- 7aa7 the causes of wildlife-vehicle collisions2 7bb7 the impact of wildlife-vehicle collisions on motorists and wildlife2 and 7cc7 the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species2 and 7,,ii7 solutions and best practices for-- 7aa7 reducing wildlife-vehicle collisions2 and 7bb7 improving habitat connectivity for terrestrial and aquatic species4 7,b7 ,methods ,in carrying out the study1 the ,secretary shall-- 7i7 conduct a thorough review of research and data relating to-- 7,i7 wildlife-vehicle collisions2 and 7,,ii7 habitat fragmentation that results from transportation infrastructure2 7ii7 survey current practices of the ,department of ,transportation and ,state departments of transportation to reduce wildlife-vehicle collisions2 and 7iii7 consult with-- 7,i7 appropriate experts in the field of wildlife-vehicle collisions2 and 7,,ii7 appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species4 7#c7 ,report 7,a7 ,in general ,not later than #ah months after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall submit to ,congress a report on the results of the study4 7,b7 ,contents ,the report under subparagraph 7,a7 shall include-- 7i7 a description of-- 7,i7 the causes of wildlife-vehicle collisions2 7,,ii7 the impacts of wildlife-vehicle collisions2 and 7,,iii7 the impacts of roads and traffic on-- 7aa7 species listed as threatened species or endangered species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7bb7 species identified by ,states as species of greatest conservation need2 7cc7 species identified in ,state wildlife plans2 and 7dd7 medium and small terrestrial and aquatic species2 7ii7 an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species1 including the effect on jobs1 property values1 and economic growth to society1 adjacent communities1 and landowners2 7iii7 recommendations for preventing wildlife-vehicle collisions1 including recommended best practices1 funding resources1 or other recommendations for addressing wildlife-vehicle collisions2 and 7iv7 guidance1 developed in consultation with ,federal land management agencies and ,state departments of transportation1 ,state fish and wildlife agencies1 and ,tribal governments that agree to participate1 for developing1 for each ,state that agrees to participate1 a voluntary joint statewide transportation and wildlife action plan-- 7,i7 to address wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity for terrestrial and aquatic species4 7b7 ,workforce development and technical training 7#a7 ,in general ,not later than #c years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall1 based on the study conducted under subsection 7a71 develop a series of in-person and online workforce development and technical training courses-- 7,a7 to reduce wildlife-vehicle collisions2 and 7,b7 to improve habitat connectivity for terrestrial and aquatic species4 7#b7 ,availability ,the ,secretary shall-- 7,a7 make the series of courses developed under paragraph 7#a7 available for transportation and fish and wildlife professionals2 and 7,b7 update the series of courses not less frequently than once every #b years4 7c7 ,standardization of wildlife collision and carcass data 7#a7 ,standardized methodology 7,a7 ,in general ,the ,secretary1 acting through the ,administrator of the ,federal ,highway ,administration 7referred to in this subsection as the ,secretary71 shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the ,national ,highway ,system1 considering the practicability of the methodology with respect to technology and cost4 7,b7 ,methodology ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall-- 7i7 survey existing methodologies and sources of data collection1 including the ,fatality ,analysis ,reporting ,system1 the ,general ,estimates ,system of the ,national ,automotive ,sampling ,system1 and the ,highway ,safety ,information ,system2 and 7ii7 to the extent practicable1 identify and correct limitations of those existing methodologies and sources of data collection4 7,c7 ,consultation ,in developing the standardized methodology under subparagraph 7,a71 the ,secretary shall consult with-- 7i7 the ,secretary of the ,interior2 7ii7 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service2 7iii7 ,tribal1 ,state1 and local transportation and wildlife authorities2 7iv7 metropolitan planning organizations 7as defined in section #acd7;b772 7v7 members of the ,american ,association of ,state ,highway ,transportation ,officials2 7vi7 members of the ,association of ,fish and ,wildlife ,agencies2 7vii7 experts in the field of wildlife-vehicle collisions2 7viii7 nongovernmental organizations2 and 7ix7 other interested stakeholders1 as appropriate4 7#b7 ,standardized national data system with voluntary template implementation ,the ,secretary shall-- 7,a7 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 7#a72 and 7,b7 encourage the voluntary implementation of the template developed under subparagraph 7,a74 7#c7 ,reports 7,a7 ,methodology ,the ,secretary shall submit to ,congress a report describing the standardized methodology developed under paragraph 7#a7 not later than the later of-- 7i7 the date that is #ah months after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba2 and 7ii7 the date that is #ahj days after the date on which the ,secretary completes the development of the standardized methodology4 7,b7 ,implementation ,not later than #d years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall submit to ,congress a report describing-- 7i7 the status of the voluntary implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a72 7ii7 whether the implementation of the standardized methodology developed under paragraph 7#a7 and the template developed under paragraph 7#b77;,a7 has impacted efforts by ,states1 units of local government1 and other entities-- 7,i7 to reduce the number of wildlife-vehicle collisions2 and 7,,ii7 to improve habitat connectivity2 7iii7 the degree of the impact described in clause 7ii72 and 7iv7 the recommendations of the ,secretary1 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 ,system1 if any4 7d7 ,national threshold guidance ,the ,secretary shall-- 7#a7 establish guidance1 to be carried out by ,states on a voluntary basis1 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 species1 taking into consideration-- 7,a7 the number of wildlife-vehicle collisions on the highway that pose a human safety risk2 7,b7 highway-related mortality and the effects of traffic on the highway on-- 7i7 species listed as endangered species or threatened species under the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7ii7 species identified by a ,state as species of greatest conservation need2 7iii7 species identified in ,state wildlife plans2 and 7iv7 medium and small terrestrial and aquatic species2 and 7,c7 habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species4 4 7#b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by subsection 7b77#b77 is amended by inserting after the item relating to section #aga the following3 #agb4 ,wildlife-vehicle collision reduction and habitat connectivity improvement44 7d7 ,wildlife crossings standards ,section #aji7;c77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e71 by striking and at the end2 7#b7 by redesignating subparagraph 7,f7 as subparagraph 7,g72 and 7#c7 by inserting after subparagraph 7,e7 the following3 7,f7 the publication of the ,federal ,highway ,administration entitled ,wildlife ,crossing ,structure ,handbook3 ,design and ,evaluation in ,north ,america and dated ,march #bjaa2 and 4 7e7 ,wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards ,section #add of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,b71 by inserting 1 resilience1 after safety2 7,b7 in subparagraph 7,d71 by striking and at the end2 7,c7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7,d7 by adding at the end the following3 7,f7 to ensure adequate passage of aquatic and terrestrial species1 where appropriate4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species4 2 and 7#c7 in subsection 7i71 by adding at the end the following3 7#c7 ,requirement ,the first revision under paragraph 7#b7 after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential4 4 #aaabd4 ,consolidation of programs ,section #aeai7;a7 of ,,map-#ba 7,public ,law #aab-ada2 #abf ,stat4 #egd2 #abi ,stat4 #adbc7 is amended1 in the matter preceding paragraph 7#a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf4 #aaabe4 ,,gao report 7a7 ,in general ,section #adcc of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 is repealed4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab7 is amended by striking the item relating to section #adcc4 #aaabf4 ,territorial and ,puerto ,rico highway program ,section #afe of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 for the ,puerto ,rico highway program under subsection 7b7-- 7,a7 #agc1jaj1jjj shall be for fiscal year #bjbb2 7,b7 #agf1ifj1jjj shall be for fiscal year #bjbc2 7,c7 #ahj1abj1jjj shall be for fiscal year #bjbd2 7,d7 #ahc1fge1jjj shall be for fiscal year #bjbe2 and 7,e7 #ahg1bcj1jjj shall be for fiscal year #bjbf2 and 7#b7 for the territorial highway program under subsection 7c7-- 7,a7 #de1iij1jjj shall be for fiscal year #bjbb2 7,b7 #dg1jdj1jjj shall be for fiscal year #bjbc2 7,c7 #dg1hhj1jjj shall be for fiscal year #bjbd2 7,d7 #dh1hbe1jjj shall be for fiscal year #bjbe2 and 7,e7 #di1ggj1jjj shall be for fiscal year #bjbf4 2 7#b7 in subsection 7b77#b77;,c77iii71 by inserting and preventative maintenance on the ,national ,highway ,system after chapter #a2 and 7#c7 in subsection 7c77#g71 by striking paragraphs 7#a7 through 7#d7 of section #acc7;c7 and section #acc7;b77#ab7 and inserting paragraphs 7#a71 7#b71 7#c71 and 7#e7 of section #acc7;c7 and section #acc7;b77#ac74 #aaabg4 ,nationally significant ,federal lands and ,tribal projects program ,section #aabc of the ,,fast ,act 7#bc ,u4,s4,c4 #bja note2 ,public ,law #aad-id7 is amended-- 7#a7 in subsection 7c77#c71 by striking #be1jjj1jjj and all that follows through the period at the end and inserting #ab1ejj1jjj42 7#b7 in subsection 7g7-- 7,a7 by striking the subsection designation and heading and all that follows through ,the ,federal in paragraph 7#a7 and inserting the following3 7g7 ,cost share 7#a7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal 2 7,b7 in paragraph 7#a71 by adding at the end the following3 7,b7 ,tribal projects ,in the case of a project on a tribal transportation facility 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code71 the ,federal share of the cost of the project shall be #ajj percent4 2 and 7,c7 in paragraph 7#b71 by striking other than those made available under title #bc or title #di1 ,united ,states ,code12 and 7#c7 by striking subsection 7h7 and inserting the following3 7h7 ,use of funds 7#a7 ,in general ,for each fiscal year1 of the amounts made available to carry out this section-- 7,a7 #ej percent shall be used for eligible projects on ,federal lands transportation facilities and ,federal lands access transportation facilities 7as those terms are defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 and 7,b7 #ej percent shall be used for eligible projects on tribal transportation facilities 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7#b7 ,requirement ,not less than #a eligible project carried out using the amount described in paragraph 7#a77;,a7 shall be in a unit of the ,national ,park ,system with not less than #c1jjj1jjj annual visitors4 7#c7 ,availability ,amounts made available to carry out this section shall remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated4 4 #aaabh4 ,tribal high priority projects program ,section #aabc7;h7 of ,,map-#ba 7#bc ,u4,s4,c4 #bjb note2 ,public ,law #aab-ada7 is amended-- 7#a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7#b7 in paragraph 7#c7 7as so redesignated71 in the matter preceding subparagraph 7,a71 by striking paragraph 7#a7 and inserting paragraphs 7#a7 and 7#b72 and 7#c7 by striking the subsection designation and heading and all that follows through the period at the end of paragraph 7#a7 and inserting the following3 7h7 ,funding 7#a7 ,set-aside ,for each of fiscal years #bjbb through #bjbf1 of the amounts made available to carry out the tribal transportation program under section #bjb of title #bc1 ,united ,states ,code1 for that fiscal year1 the ,secretary shall use #i1jjj1jjj to carry out the program4 7#b7 ,authorization of appropriations ,in addition to amounts made available under paragraph 7#a71 there is authorized to be appropriated #cj1jjj1jjj out of the general fund of the ,treasury to carry out the program for each of fiscal years #bjbb through #bjbf4 4 #aaabi4 ,standards ,section #aji of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 by striking 7d7 ,on any and inserting the following3 7d7 ,manual on ,uniform ,traffic ,control ,devices 7#a7 ,in general ,on any 2 7,b7 in paragraph 7#a7 7as so designated71 by striking promote the safe and inserting promote the safety1 inclusion1 and mobility of all users2 and 7,c7 by adding at the end the following3 7#b7 ,updates ,not later than #ah months after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba and not less frequently than every #d years thereafter1 the ,secretary shall update the ,manual on ,uniform ,traffic ,control ,devices4 2 7#b7 in subsection 7o7-- 7,a7 by striking ,projects and inserting3 7,a7 ,in general ,projects 2 and 7,b7 by inserting at the end the following3 7,b7 ,local jurisdictions ,notwithstanding subparagraph 7,a71 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 the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction 7other than a highway on the ,national ,highway ,system7 for which the local jurisdiction is the project sponsor1 provided that the design complies with all other applicable ,federal laws4 2 and 7#c7 by adding at the end the following3 7s7 ,electric vehicle charging stations 7#a7 ,standards ,electric vehicle charging infrastructure installed using funds provided under this title shall provide1 at a minimum-- 7,a7 non-proprietary charging connectors that meet applicable industry safety standards2 and 7,b7 open access to payment methods that are available to all members of the public to ensure secure1 convenient1 and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider4 7#b7 ,treatment of projects ,notwithstanding any other provision of law1 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 highway4 4 #aaacj4 ,public transportation 7a7 ,in general ,section #adb7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,bus corridors ,in addition to the projects described in paragraphs 7#a7 and 7#b71 the ,secretary may approve payment from sums apportioned under paragraph 7#b7 or 7#g7 of section #ajd7;b7 for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes1 including the construction or installation of-- 7,a7 traffic signaling and prioritization systems2 7,b7 redesigned intersections that are necessary for the establishment of a bus rapid transit corridor2 7,c7 on-street stations2 7,d7 fare collection systems2 7,e7 information and wayfinding systems2 and 7,f7 depots4 4 7b7 ,technical correction ,section #adb of title #bc1 ,united ,states ,code1 is amended by striking subsection 7i74 #aaaca4 ,reservation of certain funds 7a7 ,open container requirements ,section #aed7;c77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the paragraph heading1 by striking #bjab and inserting #bjbb2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,reservation of funds 7i7 ,in general ,on ,october #a1 #bjba1 and each ,october #a thereafter1 in the case of a ,state described in clause 7ii71 the ,secretary shall reserve an amount equal to #b4e percent of the funds to be apportioned to the ,state on that date under each of paragraphs 7#a7 and 7#b7 of section #ajd7;b7 until the ,state certifies to the ,secretary the means by which the ,state will use those reserved funds in accordance with subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 and paragraph 7#c74 7ii7 ,states described ,a ,state referred to in clause 7i7 is a ,state-- 7,i7 that has not enacted or is not enforcing an open container law described in subsection 7b72 and 7,,ii7 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 7b74 2 and 7#c7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i74 7b7 ,repeat intoxicated driver laws ,section #afd7;b77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the paragraph heading1 by striking #bjab and inserting #bjbb2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,reservation of funds 7i7 ,in general ,on ,october #a1 #bjba1 and each ,october #a thereafter1 in the case of a ,state described in clause 7ii71 the ,secretary shall reserve an amount equal to #b4e percent of the funds to be apportioned to the ,state on that date under each of paragraphs 7#a7 and 7#b7 of section #ajd7;b7 until the ,state certifies to the ,secretary the means by which the ,state will use those reserved funds in accordance with subparagraphs 7,a7 and 7,b7 of paragraph 7#a71 and paragraph 7#c74 7ii7 ,states described ,a ,state referred to in clause 7i7 is a ,state-- 7,i7 that has not enacted or is not enforcing a repeat intoxicated driver law2 and 7,,ii7 for which the ,secretary determined for the prior fiscal year that the ,state had not enacted or was not enforcing a repeat intoxicated driver law4 2 and 7#c7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking subparagraph 7,a7 and inserting subparagraph 7,a77i74 #aaacb4 ,rural surface transportation grant program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aaabc7;c77#a771 is amended by adding at the end the following3 #agc4 ,rural surface transportation grant program 7a7 ,definitions ,in this section3 7#a7 ,program ,the term program means the program established under subsection 7b77#a74 7#b7 ,rural area ,the term rural area means an area that is outside an urbanized area with a population of over #bjj1jjj4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a rural surface transportation grant program to provide grants1 on a competitive basis1 to eligible entities to improve and expand the surface transportation infrastructure in rural areas4 7#b7 ,goals ,the goals of the program shall be-- 7,a7 to increase connectivity2 7,b7 to improve the safety and reliability of the movement of people and freight2 and 7,c7 to generate regional economic growth and improve quality of life4 7#c7 ,grant administration ,the ,secretary may-- 7,a7 retain not more than a total of #b percent of the funds made available to carry out the program and to review applications for grants under the program2 and 7,b7 transfer portions of the funds retained under subparagraph 7,a7 to the relevant ,administrators to fund the award and oversight of grants provided under the program4 7c7 ,eligible entities ,the ,secretary may make a grant under the program to-- 7#a7 a ,state2 7#b7 a regional transportation planning organization2 7#c7 a unit of local government2 7#d7 a ,tribal government or a consortium of ,tribal governments2 and 7#e7 a multijurisdictional group of entities described in paragraphs 7#a7 through 7#d74 7d7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary may require4 7e7 ,eligible projects 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary may make a grant under the program only for a project that is-- 7,a7 a highway1 bridge1 or tunnel project eligible under section #aai7;d72 7,b7 a highway1 bridge1 or tunnel project eligible under section #acc7;b72 7,c7 a project eligible under section #bjb7;a72 7,d7 a highway freight project eligible under section #afg7;h77#e72 7,e7 a highway safety improvement project1 including a project to improve a high risk rural road 7as those terms are defined in section #adh7;a772 7,f7 a project on a publicly-owned highway or bridge that provides or increases access to an agricultural1 commercial1 energy1 or intermodal facility that supports the economy of a rural area2 or 7,g7 a project to develop1 establish1 or maintain an integrated mobility management system1 a transportation demand management system1 or on-demand mobility services4 7#b7 ,bundling of eligible projects 7,a7 ,in general ,an eligible entity may bundle #b or more similar eligible projects under the program that are-- 7i7 included as a bundled project in a statewide transportation improvement program under section #ace2 and 7ii7 awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity4 7,b7 ,itemization ,notwithstanding any other provision of law 7including regulations71 a bundling of eligible projects under this paragraph may be considered to be a single project1 including for purposes of section #ace4 7f7 ,eligible project costs ,an eligible entity may use funds from a grant under the program for-- 7#a7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7#b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land related to the project and improvements to the land71 environmental mitigation1 construction contingencies1 acquisition of equipment1 and operational improvements4 7g7 ,project requirements ,the ,secretary may provide a grant under the program to an eligible project only if the ,secretary determines that the project-- 7#a7 will generate regional economic1 mobility1 or safety benefits2 7#b7 will be cost effective2 7#c7 will contribute to the accomplishment of #a or more of the national goals under section #aej2 7#d7 is based on the results of preliminary engineering2 and 7#e7 is reasonably expected to begin construction not later than #ah months after the date of obligation of funds for the project4 7h7 ,additional considerations ,in providing grants under the program1 the ,secretary shall consider the extent to which an eligible project will-- 7#a7 improve the state of good repair of existing highway1 bridge1 and tunnel facilities2 7#b7 increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas2 7#c7 address economic development and job creation challenges1 including energy sector job losses in energy communities as identified in the report released in ,april #bjba by the interagency working group established by section #bah of ,executive ,order #adjjh 7#hf ,fed4 ,reg4 #gfbh 7,february #a1 #bjba772 7#d7 enhance recreational and tourism opportunities by providing access to ,federal land1 national parks1 national forests1 national recreation areas1 national wildlife refuges1 wilderness areas1 or ,state parks2 7#e7 contribute to geographic diversity among grant recipients2 7#f7 utilize innovative project delivery approaches or incorporate transportation technologies2 7#g7 coordinate with projects to address broadband infrastructure needs2 or 7#h7 improve access to emergency care1 essential services1 healthcare providers1 or drug and alcohol treatment and rehabilitation resources4 7i7 ,grant amount ,except as provided in subsection 7k77#a71 a grant under the program shall be in an amount that is not less than #be1jjj1jjj4 7j7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of a project carried out with a grant under the program may not exceed #hj percent4 7#b7 ,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 #adeja of title #dj1 or addresses a surface transportation infrastructure need identified for the ,denali access system program under section #cji of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg7 shall be up to #ajj percent1 as determined by the ,state4 7#c7 ,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 program4 7k7 ,set asides 7#a7 ,small projects ,the ,secretary shall use not more than #aj 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 #be1jjj1jjj4 7#b7 ,appalachian development highway system ,the ,secretary shall reserve #be 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 #adeja of title #dj4 7#c7 ,rural roadway lane departures ,the ,secretary shall reserve #ae 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 ,states1 based on the latest available data from the ,secretary4 7#d7 ,excess funding ,in any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs 7#a71 7#b71 or 7#c7 to be fully utilized1 the ,secretary shall use the unutilized amounts to make other grants under the program4 7l7 ,congressional review 7#a7 ,notification ,not less than #fj days before providing a grant under the program1 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-- 7,a7 a list of all applications determined to be eligible for a grant by the ,secretary2 7,b7 each application proposed to be selected for a grant1 including a justification for the selection2 and 7,c7 proposed grant amounts4 7#b7 ,committee review ,before the last day of the #fj-;day period described in paragraph 7#a71 each ,committee described in paragraph 7#a7 shall review the list of proposed projects submitted by the ,secretary4 7#c7 ,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 #fj-;day period described in paragraph 7#a74 7m7 ,transparency 7#a7 ,in general ,not later than #cj days after providing a grant for a project under the program1 the ,secretary shall provide to all applicants1 and publish on the website of the ,department of ,transportation1 the information described in subsection 7l77#a74 7#b7 ,briefing ,the ,secretary shall provide1 on the request of an eligible entity1 the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program4 7n7 ,reports 7#a7 ,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 year4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the awarding of grants under the program for each fiscal year4 7,b7 ,report ,each fiscal year1 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 describes1 for the fiscal year-- 7i7 the adequacy and fairness of the process by which each project was selected1 if applicable2 and 7ii7 the justification and criteria used for the selection of each project1 if applicable4 7o7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under this chapter4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aaabc7;c77#b771 is amended by inserting after the item relating to section #agb the following3 #agc4 ,rural surface transportation grant program4 4 #aaacc4 ,bicycle transportation and pedestrian walkways ,section #bag of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking pedestrian walkways and bicycle and inserting pedestrian walkways and bicycle and shared micromobility2 and 7,b7 by striking safe bicycle use and inserting safe access for bicyclists and pedestrians2 7#b7 in subsection 7d71 by striking a position and inserting up to #b positions2 7#c7 in subsection 7e71 by striking bicycles each place it appears and inserting pedestrians or bicyclists2 7#d7 in subsection 7f71 by striking and a bicycle and inserting or a bicycle or shared micromobility2 and 7#e7 in subsection 7j71 by striking paragraph 7#b7 and inserting the following3 7#b7 ,electric bicycle 7,a7 ,in general ,the term electric bicycle means a bicycle-- 7i7 equipped with fully operable pedals1 a saddle or seat for the rider1 and an electric motor of less than #gej watts2 7ii7 that can safely share a bicycle transportation facility with other users of such facility2 and 7iii7 that is a class #a electric bicycle1 class #b electric bicycle1 or class #c electric bicycle4 7,b7 ,classes of electric bicycles 7i7 ,class #a electric bicycle ,for purposes of subparagraph 7,a77iii71 the term class #a electric bicycle means an electric bicycle1 other than a class #c electric bicycle1 equipped with a motor that-- 7,i7 provides assistance only when the rider is pedaling2 and 7,,ii7 ceases to provide assistance when the speed of the bicycle reaches or exceeds #bj miles per hour4 7ii7 ,class #b electric bicycle ,for purposes of subparagraph 7,a77iii71 the term class #b electric bicycle means an electric bicycle equipped with a motor that-- 7,i7 may be used exclusively to propel the bicycle2 and 7,,ii7 is not capable of providing assistance when the speed of the bicycle reaches or exceeds #bj miles per hour4 7iii7 ,class #c electric bicycle ,for purposes of subparagraph 7,a77iii71 the term class #c electric bicycle means an electric bicycle equipped with a motor that-- 7,i7 provides assistance only when the rider is pedaling2 and 7,,ii7 ceases to provide assistance when the speed of the bicycle reaches or exceeds #bh miles per hour4 4 #aaacd4 ,recreational trails program ,section #bjf of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7j7 ,use of other apportioned funds ,funds apportioned to a ,state under section #ajd7;b7 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 section4 4 #aaace4 ,updates to ,manual on ,uniform ,traffic ,control ,devices ,in carrying out the first update to the ,manual on ,uniform ,traffic ,control ,devices under section #aji7;d77#b7 of title #bc1 ,united ,states ,code1 to the greatest extent practicable1 the ,secretary shall include updates necessary to provide for-- 7#a7 the protection of vulnerable road users 7as defined in section #adh7;a7 of title #bc1 ,united ,states ,code72 7#b7 supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets2 7#c7 appropriate use of variable message signs to enhance public safety2 7#d7 the minimum retroreflectivity of traffic control devices and pavement markings2 and 7#e7 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 ,devices4 ,b ,planning and performance management #aabja4 ,transportation planning 7a7 ,metropolitan transportation planning ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by adding at the end the following3 7,d7 ,considerations ,in designating officials or representatives under paragraph 7#b7 for the first time1 subject to the bylaws or enabling statute of the metropolitan planning organization1 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 2 and 7,b7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an existing urbanized area 7as defined by the ,bureau of the ,census72 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking a metropolitan area and inserting an urbanized area 7as defined by the ,bureau of the ,census72 and 7,b7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os ,if more than #a metropolitan planning organization is designated within an urbanized area 7as defined by the ,bureau of the ,census7 under subsection 7d77#g71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting travel demand4 7#e7 ,savings clause ,nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 7#c7 in subsection 7i77#f71 by adding at the end the following3 7,d7 ,use of technology ,a metropolitan planning organization may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 2 and 7#d7 in subsection 7p71 by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 of this title and inserting section #ajd7;b77#f74 7b7 ,statewide and nonmetropolitan transportation planning ,section #ace7;f77#c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,use of technology ,a ,state may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 4 7c7 ,conforming amendment ,section #ace7;i7 of title #bc1 ,united ,states ,code1 is amended by striking paragraphs 7#e77;,d7 and 7#f7 of section #ajd7;b7 of this title and inserting section #ajd7;b77#f74 7d7 ,housing coordination ,section #acd of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting better connect housing and employment1 after urbanized areas2 7#b7 in subsection 7g77#c77;,a71 by inserting housing1 after economic development12 7#c7 in subsection 7h77#a77;,e71 by inserting 1 housing1 after growth2 7#d7 in subsection 7i7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 by redesignating clauses 7iii7 through 7vi7 as clauses 7iv7 through 7vii71 respectively2 and 7ii7 by inserting after clause 7ii7 the following3 7iii7 assumed distribution of population and housing2 2 and 7,b7 in paragraph 7#f77;,a71 by inserting affordable housing organizations1 after disabled12 and 7#e7 in subsection 7k7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,housing coordination process 7,a7 ,in general ,within a metropolitan planning area serving a transportation management area1 the transportation planning process under this section may address the integration of housing1 transportation1 and economic development strategies through a process that provides for effective integration1 based on a cooperatively developed and implemented strategy1 of new and existing transportation facilities eligible for funding under this title and chapter #ec of title #di4 7,b7 ,coordination in integrated planning process ,in carrying out the process described in subparagraph 7,a71 a metropolitan planning organization may-- 7i7 consult with-- 7,i7 ,state and local entities responsible for land use1 economic development1 housing1 management of road networks1 or public transportation2 and 7,,ii7 other appropriate public or private entities2 and 7ii7 coordinate1 to the extent practicable1 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 #aje of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje7 and plans developed under section #e;,a of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;c-#a74 7,c7 ,housing coordination plan 7i7 ,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 organization4 7ii7 ,contents ,a plan described in clause 7i7 may-- 7,i7 develop regional goals for the integration of housing1 transportation1 and economic development strategies to-- 7aa7 better connect housing and employment while mitigating commuting times2 7bb7 align transportation improvements with housing needs1 such as housing supply shortages1 and proposed housing development2 7cc7 align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area2 7dd7 expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate1 including higher-density development1 as locally determined2 7ee7 manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development2 7ff7 increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area2 7,,ii7 identify the location of existing and planned housing and employment1 and transportation options that connect housing and employment2 and 7,,iii7 include a comparison of transportation plans to land use management plans1 including zoning plans1 that may affect road use1 public transportation ridership1 and housing development4 4 #aabjb4 ,fiscal constraint on long-range transportation plans ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall amend section #dej4cbd7;f77#aa77v7 of title #bc1 ,code of ,federal ,regulations1 to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first #d years4 #aabjc4 ,state human capital plans 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aaacb7;a771 is amended by adding at the end the following3 #agd4 ,state human capital plans 7a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall encourage each ,state to develop a voluntary plan1 to be known as a human capital plan1 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 title4 7b7 ,plan contents 7#a7 ,in general ,a human capital plan developed by a ,state under subsection 7a7 shall1 to the maximum extent practicable1 take into consideration-- 7,a7 significant transportation workforce trends1 needs1 issues1 and challenges with respect to the ,state2 7,b7 the human capital policies1 strategies1 and performance measures that will guide the transportation-related workforce investment decisions of the ,state2 7,c7 coordination with educational institutions1 industry1 organized labor1 workforce boards1 and other agencies or organizations to address the human capital transportation needs of the ,state2 7,d7 a workforce planning strategy that identifies current and future human capital needs1 including the knowledge1 skills1 and abilities needed to recruit and retain skilled workers in the transportation industry2 7,e7 a human capital management strategy that is aligned with the transportation mission1 goals1 and organizational objectives of the ,state2 7,f7 an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the ,state2 7,g7 an implementation system that addresses workforce competency gaps1 particularly in mission-critical occupations2 7,h7 in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the ,state1 a description of workforce needs-- 7i7 to ensure that the transportation mission1 goals1 and organizational objectives of the ,state are fully carried out2 and 7ii7 to ensure that procurement methods provide the best public value2 7,i7 a system for analyzing and evaluating the performance of the ,state department of transportation with respect to all aspects of human capital management policies1 programs1 and activities2 and 7,j7 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 #aej4 7#b7 ,planning period ,if a ,state develops a human capital plan under subsection 7a71 the plan shall address a #e-year forecast period4 7c7 ,plan updates ,if a ,state develops a human capital plan under subsection 7a71 the ,state shall update the plan not less frequently than once every #e years4 7d7 ,relationship to long-range plan 7#a7 ,in general ,subject to paragraph 7#b71 a human capital plan developed by a ,state under subsection 7a7 may be developed separately from1 or incorporated into1 the long-range statewide transportation plan required under section #ace4 7#b7 ,effect of section ,nothing in this section requires a ,state1 or authorizes the ,secretary to require a ,state1 to incorporate a human capital plan into the long-range statewide transportation plan required under section #ace4 7e7 ,public availability ,each ,state that develops a human capital plan under subsection 7a7 shall make a copy of the plan available to the public in a user-friendly format on the website of the ,state department of transportation4 7f7 ,savings provision ,nothing in this section prevents a ,state from carrying out transportation workforce planning-- 7#a7 not described in this section2 or 7#b7 not in accordance with this section4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aaacb7;b771 is amended by inserting after the item relating to section #agc the following3 #agd4 ,state human capital plans4 4 #aabjd4 ,prioritization process pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means any of the following3 7,a7 ,a metropolitan planning organization that serves an area with a population of over #bjj1jjj4 7,b7 ,a ,state4 7#b7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7#c7 ,prioritization process pilot program ,the term prioritization process pilot program means the pilot program established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish and solicit applications for a prioritization process pilot program4 7#b7 ,purpose ,the purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that1 on completion1 can be evaluated for public benefit4 7c7 ,pilot program administration 7#a7 ,in general ,an eligible entity participating in the prioritization process pilot program shall-- 7,a7 use priority objectives that are developed-- 7i7 in the case of an urbanized area with a population of over #bjj1jjj1 by the metropolitan planning organization that serves the area1 in consultation with the ,state2 7ii7 in the case of an urbanized area with a population of #bjj1jjj or fewer1 by the ,state in consultation with all metropolitan planning organizations in the ,state2 and 7iii7 through a public process that provides an opportunity for public input2 7,b7 assess and score projects and strategies on the basis of-- 7i7 the contribution and benefits of the project or strategy to each priority objective developed under subparagraph 7,a72 7ii7 the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause 7i72 and 7iii7 public support2 7,c7 use the scores assigned under subparagraph 7,b7 to guide project selection in the development of the transportation plan and transportation improvement program2 and 7,d7 ensure that the public-- 7i7 has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program2 and 7ii7 has access to clear reasons why each project or strategy was selected or not selected4 7#b7 ,requirements ,an eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following1 as applicable3 7,a7 ,metropolitan transportation planning ,in the case of a metropolitan planning organization that serves an area with a population of over #bjj1jjj1 the entity shall-- 7i7 develop and implement a publicly accessible1 transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section #acd7;i7 of title #bc1 ,united ,states ,code1 and section #ecjc7;i7 of title #di1 ,united ,states ,code1 which shall-- 7,i7 include criteria identified by the metropolitan planning organization1 which may be weighted to reflect the priority objectives developed under paragraph 7#a77;,a71 that the metropolitan planning organization has determined support-- 7aa7 factors described in section #acd7;h7 of title #bc1 ,united ,states ,code1 and section #ecjc7;h7 of title #di1 ,united ,states ,code2 7bb7 targets for national performance measures under section #aej7;b7 of title #bc1 ,united ,states ,code2 7cc7 applicable transportation goals in the metropolitan planning area or ,state set by the applicable transportation agency2 and 7dd7 priority objectives developed under paragraph 7#a77;,a72 7,,ii7 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 7,i7 relative to the cost of the proposed project2 and 7,,iii7 use the evaluation under subclause 7,,ii7 to create a ranked list of proposed projects2 and 7ii7 with respect to the priority list under section #acd7;j77#b77;,a7 of title #bc and section #ecjc7;j77#b77;,a7 of title #di1 ,united ,states ,code1 include projects according to the rank of the project under clause 7i77,,iii71 except as provided in subparagraph 7,d74 7,b7 ,statewide transportation planning ,in the case of a ,state1 the ,state shall-- 7i7 develop and implement a publicly accessible1 transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section #ace7;f7 of title #bc1 ,united ,states ,code1 which shall-- 7,i7 include criteria identified by the ,state1 which may be weighted to reflect statewide priorities1 that the ,state has determined support-- 7aa7 factors described in section #ace7;d7 of title #bc1 ,united ,states ,code1 and section #ecjd7;d7 of title #di1 ,united ,states ,code2 7bb7 national transportation goals under section #aej7;b7 of title #bc1 ,united ,states ,code2 7cc7 applicable transportation goals in the ,state2 and 7dd7 the priority objectives developed under paragraph 7#a77;,a72 7,,ii7 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 7,i7 relative to the cost of the proposed project2 and 7,,iii7 use the evaluation under subclause 7,,ii7 to create a ranked list of proposed projects2 and 7ii7 with respect to the statewide transportation improvement program under section #ace7;g7 of title #bc1 ,united ,states ,code1 and section #ecjd7;g7 of title #di1 ,united ,states ,code1 include projects according to the rank of the project under clause 7i77,,iii71 except as provided in subparagraph 7,d74 7,c7 ,additional transportation planning ,if the eligible entity has implemented1 and has in effect1 the requirements under subparagraph 7,a7 or 7,b71 as applicable1 the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose4 7,d7 ,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 #acd7;j7 of title #bc1 ,united ,states ,code1 or the statewide transportation improvement program under section #ace7;g7 of title #bc1 ,united ,states ,code1 as applicable1 in a manner that is contrary to the priority ranking for that project established under subparagraph 7,a77i77,,iii7 or 7,b77i77,,iii71 the eligible entity shall make publicly available an explanation for the decision1 including-- 7i7 a review of public comments regarding the project2 7ii7 an evaluation of public support for the project2 7iii7 an assessment of geographic balance of projects of the eligible entity2 and 7iv7 the number of projects of the eligible entity in economically distressed areas4 7#c7 ,maximum amount ,the maximum amount of a grant under the prioritization process pilot program is #b1jjj1jjj4 7d7 ,applications ,to be eligible to participate in the prioritization process pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 #aabje4 ,travel demand data and modeling 7a7 ,definition of metropolitan planning organization ,in this section1 the term metropolitan planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7b7 ,study 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and not less frequently than once every #e years thereafter1 the ,secretary shall carry out a study that-- 7,a7 gathers travel data and travel demand forecasts from a representative sample of ,states and metropolitan planning organizations2 7,b7 uses the data and forecasts gathered under subparagraph 7,a7 to compare travel demand forecasts with the observed data1 including-- 7i7 traffic counts2 7ii7 travel mode share and public transit ridership2 and 7iii7 vehicle occupancy measures2 and 7,c7 uses the information described in subparagraphs 7,a7 and 7,b7-- 7i7 to develop best practices or guidance for ,states and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements2 7ii7 to evaluate the impact of transportation investments1 including new roadway capacity1 on travel behavior and travel demand1 including public transportation ridership1 induced highway travel1 and congestion2 7iii7 to support more accurate travel demand forecasting by ,states and metropolitan planning organizations2 and 7iv7 to enhance the capacity of ,states and metropolitan planning organizations-- 7,i7 to forecast travel demand2 and 7,,ii7 to track observed travel behavior responses1 including induced travel1 to changes in transportation capacity1 pricing1 and land use patterns4 7#b7 ,secretarial support ,the ,secretary shall seek opportunities to support the transportation planning processes under sections #acd and #ace of title #bc1 ,united ,states ,code1 through the provision of data to ,states and metropolitan planning organizations to improve the quality of plans1 models1 and forecasts described in this subsection4 7#c7 ,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 organization1 as applicable4 #aabjf4 ,increasing safe and accessible transportation options 7a7 ,definition of ,complete ,streets standards or policies ,in this section1 the term ,complete ,streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system1 including pedestrians1 bicyclists1 public transportation users1 children1 older individuals1 individuals with disabilities1 motorists1 and freight vehicles4 7b7 ,funding requirement ,notwithstanding any other provision of law1 each ,state and metropolitan planning organization shall use to carry out #a or more activities described in subsection 7c7-- 7#a7 in the case of a ,state1 not less than #b4e percent of the amounts made available to the ,state to carry out section #eje of title #bc1 ,united ,states ,code2 and 7#b7 in the case of a metropolitan planning organization1 not less than #b4e percent of the amounts made available to the metropolitan planning organization under section #ajd7;d7 of title #bc1 ,united ,states ,code4 7c7 ,activities described ,an activity referred to in subsection 7b7 is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities1 which1 if permissible under applicable ,state and local laws1 may include-- 7#a7 adoption of ,complete ,streets standards or policies2 7#b7 development of a ,complete ,streets prioritization plan that identifies a specific list of ,complete ,streets projects to improve the safety1 mobility1 or accessibility of a street2 7#c7 development of transportation plans-- 7,a7 to create a network of active transportation facilities1 including sidewalks1 bikeways1 or pedestrian and bicycle trails1 to connect neighborhoods with destinations such as workplaces1 schools1 residences1 businesses1 recreation areas1 healthcare and child care services1 or other community activity centers2 7,b7 to integrate active transportation facilities with public transportation service or improve access to public transportation2 7,c7 to create multiuse active transportation infrastructure facilities1 including bikeways or pedestrian and bicycle trails1 that make connections within or between communities2 7,d7 to increase public transportation ridership2 and 7,e7 to improve the safety of bicyclists and pedestrians2 7#d7 regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity1 including through intercity passenger rail2 and 7#e7 development of transportation plans and policies that support transit-oriented development4 7d7 ,federal share ,the ,federal share of the cost of an activity carried out under this section shall be #hj percent1 unless the ,secretary determines that the interests of the ,federal-aid highway program would be best served by decreasing or eliminating the non-,federal share4 7e7 ,state flexibility ,a ,state or metropolitan planning organization1 with the approval of the ,secretary1 may opt out of the requirements of this section if the ,state or metropolitan planning organization demonstrates to the ,secretary1 by not later than #cj days before the ,secretary apportions funds for a fiscal year under section #ajd1 that the ,state or metropolitan planning organization-- 7#a7 has ,complete ,streets standards and policies in place2 and 7#b7 has developed an up-to-date ,complete ,streets prioritization plan as described in subsection 7c77#b74 ,c ,project delivery and process improvement #aacja4 ,codification of ,one ,federal ,decision 7a7 ,in general ,section #aci of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking decisionmaking and inserting decisionmaking and ,one ,federal ,decision2 7#b7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#b7 through 7#h7 as paragraphs 7#d71 7#e71 7#f71 7#h71 7#i71 7#aj71 and 7#aa71 respectively2 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,authorization ,the term authorization means any environmental license1 permit1 approval1 finding1 or other administrative decision related to the environmental review process that is required under ,federal law to site1 construct1 or reconstruct a project4 7#c7 ,environmental document ,the term environmental document includes an environmental assessment1 finding of no significant impact1 notice of intent1 environmental impact statement1 or record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 2 7,c7 in subparagraph 7,b7 of paragraph 7#e7 7as so redesignated71 by striking process for and completion of any environmental permit and inserting process and schedule1 including a timetable for and completion of any environmental permit2 and 7,d7 by inserting after paragraph 7#f7 7as so redesignated7 the following3 7#g7 ,major project 7,a7 ,in general ,the term major project means a project for which-- 7i7 multiple permits1 approvals1 reviews1 or studies are required under a ,federal law other than the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7ii7 the project sponsor has identified the reasonable availability of funds sufficient to complete the project2 7iii7 the project is not a covered project 7as defined in section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm772 and 7iv7 7,i7 the head of the lead agency has determined that an environmental impact statement is required2 or 7,,ii7 the head of the lead agency has determined that an environmental assessment is required1 and the project sponsor requests that the project be treated as a major project4 7,b7 ,clarification ,in this section1 the term major project does not have the same meaning as the term major project as described in section #ajf7;h74 2 7#c7 in subsection 7b77#a7-- 7,a7 by inserting 1 including major projects1 after all projects2 and 7,b7 by inserting as requested by a project sponsor and after applied12 7#d7 in subsection 7c7-- 7,a7 in paragraph 7#f7-- 7i7 in subparagraph 7,b71 by striking and at the end2 7ii7 in subparagraph 7,c71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,d7 to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year4 2 and 7,b7 by adding at the end the following3 7#g7 ,process improvements for projects 7,a7 ,in general ,the ,secretary shall review-- 7i7 existing practices1 procedures1 rules1 regulations1 and applicable laws to identify impediments to meeting the requirements applicable to projects under this section2 and 7ii7 best practices1 programmatic agreements1 and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects4 7,b7 ,consultation ,in conducting the review under subparagraph 7,a71 the ,secretary shall consult1 as appropriate1 with the heads of other ,federal agencies that participate in the environmental review process4 7,c7 ,report ,not later than #b years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 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-- 7i7 the results of the review under subparagraph 7,a72 and 7ii7 an analysis of whether additional funding would help the ,secretary meet the requirements applicable to projects under this section4 2 7#e7 in subsection 7d7-- 7,a7 in paragraph 7#h7-- 7i7 in the paragraph heading1 by striking ,,nepa and inserting environmental2 7ii7 in subparagraph 7,a7-- 7,i7 by inserting and except as provided in subparagraph 7,d7 after paragraph 7#g72 7,,ii7 by striking permits and inserting authorizations2 and 7,,iii7 by striking single environment document and inserting single environmental document for each kind of environmental document2 7iii7 in subparagraph 7,b77i7-- 7,i7 by striking an environmental document and inserting environmental documents2 and 7,,ii7 by striking permits issued and inserting authorizations2 and 7iv7 by adding at the end the following3 7,d7 ,exceptions ,the lead agency may waive the application of subparagraph 7,a7 with respect to a project if-- 7i7 the project sponsor requests that agencies issue separate environmental documents2 7ii7 the obligations of a cooperating agency or participating agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have already been satisfied with respect to the project2 or 7iii7 the lead agency determines that reliance on a single environmental document 7as described in subparagraph 7,a77 would not facilitate timely completion of the environmental review process for the project4 2 and 7,b7 by adding at the end the following3 7#aj7 ,timely authorizations for major projects 7,a7 ,deadline ,except as provided in subparagraph 7,c71 all authorization decisions necessary for the construction of a major project shall be completed by not later than #ij days after the date of the issuance of a record of decision for the major project4 7,b7 ,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 process4 7,c7 ,extension of deadline ,the head of the lead agency may extend the deadline under subparagraph 7,a7 if-- 7i7 ,federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph2 7ii7 the project sponsor requests that the permit or approval follow a different timeline2 or 7iii7 an extension would facilitate completion of the environmental review and authorization process of the major project4 2 7#f7 in subsection 7g77#a7-- 7,a7 in subparagraph 7,b7-- 7i7 in clause 7ii77,,iv71 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 7including the issuance or denial of a permit or license7 and the cost of2 and 7ii7 by adding at the end the following3 7iii7 ,major project schedule ,to the maximum extent practicable and consistent with applicable ,federal law1 in the case of a major project1 the lead agency shall develop1 in concurrence with the project sponsor1 a schedule for the major project that is consistent with an agency average of not more than #b years for the completion of the environmental review process for major projects1 as measured from1 as applicable-- 7,i7 the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision2 or 7,,ii7 the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact4 2 7,b7 by striking subparagraph 7,d7 and inserting the following3 7,d7 ,modification 7i7 ,in general ,except as provided in clause 7ii71 the lead agency may lengthen or shorten a schedule established under subparagraph 7,b7 for good cause4 7ii7 ,exceptions 7,i7 ,major projects ,in the case of a major project1 the lead agency may lengthen a schedule under clause 7i7 for a cooperating ,federal agency by not more than #a year after the latest deadline established for the major project by the lead agency4 7,,ii7 ,shortened schedules ,the lead agency may not shorten a schedule under clause 7i7 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 project4 2 7,c7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7,d7 by inserting after subparagraph 7,d7 the following3 7,e7 ,failure to meet deadline ,if a cooperating ,federal agency fails to meet a deadline established under subparagraph 7,d77ii77,i7-- 7i7 the cooperating ,federal agency shall submit to the ,secretary a report that describes the reasons why the deadline was not met2 and 7ii7 the ,secretary shall-- 7,i7 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 7i72 and 7,,ii7 make the report under clause 7i7 publicly available on the internet4 2 7#g7 in subsection 7n71 by adding at the end the following3 7#c7 ,length of environmental document 7,a7 ,in general ,notwithstanding any other provision of law and except as provided in subparagraph 7,b71 to the maximum extent practicable1 the text of the items described in paragraphs 7#d7 through 7#f7 of section #aejb4aj7;a7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations71 of an environmental impact statement for a project shall be #bjj pages or fewer4 7,b7 ,exemption ,an environmental impact statement for a project may exceed #bjj pages1 if the lead agency establishes a new page limit for the environmental impact statement for that project4 2 and 7#h7 by adding at the end the following3 7p7 ,accountability and reporting for major projects 7#a7 ,in general ,the ,secretary shall establish a performance accountability system to track each major project4 7#b7 ,requirements ,the performance accountability system under paragraph 7#a7 shall1 for each major project1 track1 at a minimum-- 7,a7 the environmental review process for the major project1 including the project schedule2 7,b7 whether the lead agency1 cooperating agencies1 and participating agencies are meeting the schedule established for the environmental review process2 and 7,c7 the time taken to complete the environmental review process4 7q7 ,development of categorical exclusions 7#a7 ,in general ,not later than #fj days after the date of enactment of this subsection1 and every #d years thereafter1 the ,secretary shall-- 7,a7 in consultation with the agencies described in paragraph 7#b71 identify the categorical exclusions described in section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 that would accelerate delivery of a project if those categorical exclusions were available to those agencies2 7,b7 collect existing documentation and substantiating information on the categorical exclusions described in subparagraph 7,a72 and 7,c7 provide to each agency described in paragraph 7#b7-- 7i7 a list of the categorical exclusions identified under subparagraph 7,a72 and 7ii7 the documentation and substantiating information under subparagraph 7,b74 7#b7 ,agencies described ,the agencies referred to in paragraph 7#a7 are-- 7,a7 the ,department of the ,interior2 7,b7 the ,department of the ,army2 7,c7 the ,department of ,commerce2 7,d7 the ,department of ,agriculture2 7,e7 the ,department of ,energy2 7,f7 the ,department of ,defense2 and 7,g7 any other ,federal agency that has participated in an environmental review process for a project1 as determined by the ,secretary4 7#c7 ,adoption of categorical exclusions 7,a7 ,in general ,not later than #a year after the date on which the ,secretary provides a list under paragraph 7#a77;,c71 an agency described in paragraph 7#b7 shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency1 subject to the condition that the categorical exclusion identified under paragraph 7#a77;,a7 meets the criteria for a categorical exclusion under section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,public comment ,in a notice of proposed rulemaking under subparagraph 7,a71 the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aci and inserting the following3 #aci4 ,efficient environmental reviews for project decisionmaking and ,one ,federal ,decision4 4 #aacjb4 ,work zone process reviews ,the ,secretary shall amend section #fcj4ajjh7;e7 of title #bc1 ,code of ,federal ,regulations1 to ensure that the work zone process review under that subsection is required not more frequently than once every #e years4 #aacjc4 ,transportation management plans 7a7 ,in general ,the ,secretary shall amend section #fcj4ajaj7;c7 of title #bc1 ,code of ,federal ,regulations1 to ensure that only a project described in that subsection with a lane closure for #c or more consecutive days shall be considered to be a significant project for purposes of that section4 7b7 ,non-,interstate projects ,notwithstanding any other provision of law1 a ,state shall not be required to develop or implement a transportation management plan 7as described in section #fcj4ajab of title #bc1 ,code of ,federal ,regulations 7or successor regulations77 for a highway project not on the ,interstate ,system if the project requires not more than #c consecutive days of lane closures4 #aacjd4 ,intelligent transportation systems 7a7 ,in general ,the ,secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part #idj of title #bc1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,implementation ,the ,secretary shall ensure that any guidance developed under subsection 7a7-- 7#a7 clearly identifies criteria for low-risk and exempt intelligent transportation systems projects1 with a goal of minimizing unnecessary delay or paperwork burden2 7#b7 is consistently implemented by the ,department nationwide2 and 7#c7 is disseminated to ,federal-aid recipients4 7c7 ,savings provision ,nothing in this section prevents the ,secretary from amending part #idj of title #bc1 ,code of ,federal ,regulations 7or successor regulations71 to reduce ,state administrative burdens4 #aacje4 ,alternative contracting methods 7a7 ,alternative contracting methods for federal land management agencies and tribal governments ,section #bja of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,alternative contracting methods 7#a7 ,in general ,notwithstanding any other provision of law 7including the ,federal ,acquisition ,regulation71 a contracting method available to a ,state under this title may be used by the ,secretary1 on behalf of-- 7,a7 a ,federal land management agency1 in using any funds pursuant to section #bjc1 #bjd1 or #cjh2 7,b7 a ,federal land management agency1 in using any funds pursuant to section #aece of title #ca for any of the eligible uses described in sections #bjc7;a77#a7 and #bjd7;a77#a7 and paragraphs 7#a7 and 7#b7 of section #cjh7;a72 or 7,c7 a ,tribal government1 in using funds pursuant to section #bjb7;b77#g77;,d74 7#b7 ,methods described ,the contracting methods referred to in paragraph 7#a7 shall include1 at a minimum-- 7,a7 project bundling2 7,b7 bridge bundling2 7,c7 design-build contracting2 7,d7 #b-phase contracting2 7,e7 long-term concession agreements2 and 7,f7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 7#c7 ,effect ,nothing in this subsection-- 7,a7 affects the application of the ,federal share for the project carried out with a contracting method under this subsection2 or 7,b7 modifies the point of obligation of ,federal salaries and expenses4 4 7b7 ,cooperation with federal and state agencies and foreign countries ,section #cjh7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,alternative contracting methods 7,a7 ,in general ,notwithstanding any other provision of law 7including the ,federal ,acquisition ,regulation71 in performing services under paragraph 7#a71 the ,secretary may use any contracting method available to a ,state under this title4 7,b7 ,methods described ,the contracting methods referred to in subparagraph 7,a7 shall include1 at a minimum-- 7i7 project bundling2 7ii7 bridge bundling2 7iii7 design-build contracting2 7iv7 #b-phase contracting2 7v7 long-term concession agreements2 and 7vi7 any method tested1 or that could be tested1 under an experimental program relating to contracting methods carried out by the ,secretary4 4 7c7 ,use of alternative contracting methods ,in carrying out an alternative contracting method under section #bja7;f7 or #cjh7;a77#d7 of title #bc1 ,united ,states ,code1 the ,secretary shall-- 7#a7 in consultation with the applicable ,federal land management agencies1 establish clear procedures that are-- 7,a7 applicable to the alternative contracting method2 and 7,b7 to the maximum extent practicable1 consistent with the requirements applicable to ,federal procurement transactions2 7#b7 solicit input on the use of the alternative contracting method from the affected industry prior to using the method2 and 7#c7 analyze and prepare an evaluation of the use of the alternative contracting method4 #aacjf4 ,flexibility for projects ,section #adbj of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 is amended-- 7#a7 in subsection 7a71 by striking and on request by a ,state1 the ,secretary may in the matter preceding paragraph 7#a7 and all that follows through the period at the end of paragraph 7#b7 and inserting the following3 81 on request by a ,state1 and if in the public interest 7as determined by the ,secretary71 the ,secretary shall exercise all existing flexibilities under-- 7#a7 the requirements of title #bc1 ,united ,states ,code2 and 7#b7 other requirements administered by the ,secretary1 in whole or in part4 2 and 7#b7 in subsection 7b77#b77;,a71 by inserting 7including regulations7 after environmental law4 #aacjg4 ,improved ,federal-,state stewardship and oversight agreements 7a7 ,definition of template ,in this section1 the term template means a template created by the ,secretary for ,federal-,state stewardship and oversight agreements that-- 7#a7 includes all standard terms found in stewardship and oversight agreements1 including any terms in an attachment to the agreement2 7#b7 is developed in accordance with section #ajf of title #bc1 ,united ,states ,code1 or any other applicable authority2 and 7#c7 may be developed with consideration of relevant regulations1 guidance1 or policies4 7b7 ,request for comment 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register the template and a notice requesting public comment on ways to improve the template4 7#b7 ,comment period ,the ,secretary shall provide a period of not less than #fj days for public comment on the notice under paragraph 7#a74 7#c7 ,certain issues ,the notice under paragraph 7#a7 shall allow comment on any aspect of the template and shall specifically request public comment on-- 7,a7 whether the template should be revised to delete standard terms requiring approval by the ,secretary of the policies1 procedures1 processes1 or manuals of the ,states1 or other ,state actions1 if ,federal law 7including regulations7 does not specifically require an approval2 7,b7 opportunities to modify the template to allow adjustments to the review schedules for ,state practices or actions1 including through risk-based approaches1 program reviews1 process reviews1 or other means2 and 7,c7 any other matters that the ,secretary determines to be appropriate4 7c7 ,notice of action2 updates 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 after considering the comments received in response to the ,federal ,register notice under subsection 7b71 the ,secretary shall publish in the ,federal ,register a notice that-- 7,a7 describes any proposed changes to be made1 and any alternatives to such changes1 to the template2 7,b7 addresses comments in response to which changes were not made to the template2 and 7,c7 prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph 7,a74 7#b7 ,approval requirements ,in addressing comments under paragraph 7#a77;,b71 the ,secretary shall include an explanation of the basis for retaining any requirement for approval of ,state policies1 procedures1 processes1 or manuals1 or other ,state actions1 if ,federal law 7including regulations7 does not specifically require the approval4 7#c7 ,implementation 7,a7 ,in general ,not later than #fj days after the date on which the notice under paragraph 7#a7 is published1 the ,secretary shall make changes to the template in accordance with-- 7i7 the changes described in the notice under paragraph 7#a77;,a72 and 7ii7 the schedule and plan described in the notice under paragraph 7#a77;,c74 7,b7 ,updates ,not later than #a year after the date on which the revised template under subparagraph 7,a7 is published1 the ,secretary shall update existing agreements with ,states according to the template updated under subparagraph 7,a74 7d7 ,inclusion of non-standard terms ,nothing in this section precludes the inclusion in a ,federal-,state stewardship and oversight agreement of non-standard terms to address a ,state-specific matter1 including risk-based stewardship and ,department oversight involvement in individual projects of division interest4 7e7 ,compliance with non-statutory terms 7#a7 ,in general ,the ,secretary shall not enforce or otherwise require a ,state to comply with approval requirements that are not required by ,federal law 7including regulations7 in a ,federal-,state stewardship and oversight agreement4 7#b7 ,approval authority ,notwithstanding any other provision of law1 the ,secretary shall not assert approval authority over any matter in a ,federal-,state stewardship and oversight agreement reserved to ,states4 7f7 ,frequency of reviews ,section #ajf7;g77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking annual2 7#b7 by striking ,the ,secretary and inserting the following3 7,a7 ,in general ,the ,secretary 2 and 7#c7 by adding at the end the following3 7,b7 ,frequency 7i7 ,in general ,except as provided in clauses 7ii7 and 7iii71 the ,secretary shall carry out a review under subparagraph 7,a7 not less frequently than once every #b years4 7ii7 ,consultation with ,state ,the ,secretary1 after consultation with a ,state1 may make a determination to carry out a review under subparagraph 7,a7 for that ,state less frequently than provided under clause 7i74 7iii7 ,cause ,if the ,secretary determines that there is a specific reason to require a review more frequently than provided under clause 7i7 with respect to a ,state1 the ,secretary may carry out a review more frequently than provided under that clause4 4 #aacjh4 ,geomatic data 7a7 ,in general ,the ,secretary shall develop guidance for the acceptance and use of information obtained from a non-,federal entity through geomatic techniques1 including remote sensing and land surveying1 cartography1 geographic information systems1 global navigation satellite systems1 photogrammetry1 or other remote means4 7b7 ,considerations ,in carrying out this section1 the ,secretary shall ensure that acceptance or use of information described in subsection 7a7 meets the data quality and operational requirements of the ,secretary4 7c7 ,public comment ,before issuing any final guidance under subsection 7a71 the ,secretary shall provide to the public-- 7#a7 notice of the proposed guidance2 and 7#b7 an opportunity to comment on the proposed guidance4 7d7 ,savings clause ,nothing in this section-- 7#a7 requires the ,secretary to accept or use information that the ,secretary determines does not meet the guidance developed under this section2 or 7#b7 changes the current statutory or regulatory requirements of the ,department4 #aacji4 ,evaluation of projects within an operational right-of-way 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,evaluation of projects within an operational right-of-way 7a7 ,definitions 7#a7 ,eligible project or activity 7,a7 ,in general ,in this section1 the term eligible project or activity means a project or activity within an existing operational right-of-way 7as defined in section #gga4aag7;c77#bb7 of title #bc1 ,code of ,federal ,regulations 7or successor regulations77-- 7i7 7,i7 eligible for assistance under this title2 or 7,,ii7 administered as if made available under this title2 7ii7 that is-- 7,i7 a preventive maintenance1 preservation1 or highway safety improvement project 7as defined in section #adh7;a772 or 7,,ii7 a new turn lane that the ,state advises in writing to the ,secretary would assist public safety2 and 7iii7 that-- 7,i7 is classified as a categorical exclusion under section #gga4aag of title #bc1 ,code of ,federal ,regulations 7or successor regulations72 or 7,,ii7 if the project or activity does not receive assistance described in clause 7i7 would be considered a categorical exclusion if the project or activity received assistance described in clause 7i74 7,b7 ,exclusion ,the term eligible project or activity does not include a project to create a new travel lane4 7#b7 ,preliminary evaluation ,the term preliminary evaluation1 with respect to an application described in subsection 7b77#a71 means an evaluation that is customary or practicable for the relevant agency to complete within a #de-;day period for similar applications4 7#c7 ,relevant agency ,the term relevant agency means a ,federal agency1 other than the ,federal ,highway ,administration1 with responsibility for review of an application from a ,state for a permit1 approval1 or jurisdictional determination for an eligible project or activity4 7b7 ,action required 7#a7 ,in general ,subject to paragraph 7#b71 not later than #de days after the date of receipt of an application by a ,state for a permit1 approval1 or jurisdictional determination for an eligible project or activity1 the head of the relevant agency shall-- 7,a7 make at least a preliminary evaluation of the application2 and 7,b7 notify the ,state of the results of the preliminary evaluation under subparagraph 7,a74 7#b7 ,extension ,the head of the relevant agency may extend the review period under paragraph 7#a7 by not more than #cj days if the head of the relevant agency provides to the ,state written notice that includes an explanation of the need for the extension4 7#c7 ,failure to act ,if the head of the relevant agency fails to meet a deadline under paragraph 7#a7 or 7#b71 as applicable1 the head of the relevant agency shall-- 7,a7 not later than #cj days after the date of the missed deadline1 submit to the ,state1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes why the deadline was missed2 and 7,b7 not later than #ad days after the date on which a report is submitted under subparagraph 7,a71 make publicly available1 including on the internet1 a copy of that report4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #cca4 ,evaluation of projects within an operational right-of-way4 4 #aacaj4 ,preliminary engineering 7a7 ,in general ,section #ajb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7b72 and 7#b7 in subsection 7a71 in the second sentence1 by striking ,nothing in this subsection and inserting the following3 7b7 ,savings provision ,nothing in this section 4 7b7 ,conforming amendment ,section #add7;j7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#f74 #aacaa4 ,efficient implementation of ,,nepa for ,federal land management projects ,section #bjc of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,efficient implementation of ,,nepa 7#a7 ,definitions ,in this subsection3 7,a7 ,environmental document ,the term environmental document means an environmental impact statement1 environmental assessment1 categorical exclusion1 or other document prepared under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,b7 ,project ,the term project means a highway project1 public transportation capital project1 or multimodal project that-- 7i7 receives funds under this title2 and 7ii7 is authorized under this section or section #bjd4 7,c7 ,project sponsor ,the term project sponsor means the ,federal land management agency that seeks or receives funds under this title for a project4 7#b7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 if-- 7,a7 requested by a project sponsor2 and 7,b7 all areas of analysis required by the project sponsor can be addressed4 7#c7 ,federal land management agencies adoption of existing environmental review documents 7,a7 ,in general ,to the maximum extent practicable1 if the ,federal ,highway ,administration prepares an environmental document pursuant to paragraph 7#b71 that environmental document shall address all areas of analysis required by a ,federal land management agency4 7,b7 ,independent evaluation ,notwithstanding any other provision of law1 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 7#b74 7,c7 ,use of same document ,in authorizing or implementing a project1 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 agency4 7#d7 ,application by ,federal land management agencies of categorical exclusions established by ,federal ,highway ,administration ,in carrying out requirements under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 for a project1 the project sponsor may use categorical exclusions designated under that ,act in the implementing regulations of the ,federal ,highway ,administration1 subject to the conditions that-- 7,a7 the project sponsor makes a determination1 in consultation with the ,federal ,highway ,administration1 that the categorical exclusion applies to the project2 7,b7 the project satisfies the conditions for a categorical exclusion under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7,c7 the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor1 except any list of the project sponsor that designates categorical exclusions4 7#e7 ,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 subsection4 4 #aacab4 ,national ,environmental ,policy ,act of #aifi reporting program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after section #aef the following3 #aeg4 ,national ,environmental ,policy ,act of #aifi reporting program 7a7 ,definitions ,in this section3 7#a7 ,categorical exclusion ,the term categorical exclusion has the meaning given the term in section #gga4aag7;c7 of title #bc1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,documented categorical exclusion ,the term documented categorical exclusion has the meaning given the term in section #gga4aag7;d7 of title #bc1 ,code of ,federal ,regulations 7or a successor regulation74 7#c7 ,environmental assessment ,the term environmental assessment has the meaning given the term in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or a successor regulation74 7#d7 ,environmental impact statement ,the term environmental impact statement means a detailed statement required under section #ajb7b77;,c7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b77;,c774 7#e7 ,federal agency ,the term ,federal agency includes a ,state that has assumed responsibility under section #cbg4 7#f7 ,,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 #aifi 7#db ,u4,s4,c4 #dcba et seq471 including the assessment and analysis of any impacts1 alternatives1 and mitigation of a proposed action1 and any interagency participation and public involvement required to be carried out before the ,secretary undertakes a proposed action4 7#g7 ,proposed action ,the term proposed action means an action 7within the meaning of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq477 under this title that the ,secretary proposes to carry out4 7#h7 ,reporting period ,the term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection 7b74 7#i7 ,secretary ,the term ,secretary includes the governor or head of an applicable ,state agency of a ,state that has assumed responsibility under section #cbg4 7b7 ,report on ,,nepa data 7#a7 ,in general ,the ,secretary shall carry out a process to track1 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 containing1 the information described in paragraph 7#c74 7#b7 ,time to complete ,for purposes of paragraph 7#c71 the ,,nepa process-- 7,a7 for an environmental impact statement-- 7i7 begins on the date on which the ,notice of ,intent is published in the ,federal ,register2 and 7ii7 ends on the date on which the ,secretary issues a record of decision1 including1 if necessary1 a revised record of decision2 and 7,b7 for an environmental assessment-- 7i7 begins on the date on which the ,secretary makes a determination to prepare an environmental assessment2 and 7ii7 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 necessary4 7#c7 ,information described ,the information referred to in paragraph 7#a7 is1 with respect to the ,department of ,transportation-- 7,a7 the number of proposed actions for which a categorical exclusion was issued during the reporting period2 7,b7 the number of proposed actions for which a documented categorical exclusion was issued by the ,department of ,transportation during the reporting period2 7,c7 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 pending2 7,d7 the number of proposed actions for which an environmental assessment was issued by the ,department of ,transportation during the reporting period2 7,e7 the length of time the ,department of ,transportation took to complete each environmental assessment described in subparagraph 7,d72 7,f7 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 ,transportation2 7,g7 the number of proposed actions for which an environmental impact statement was completed by the ,department of ,transportation during the reporting period2 7,h7 the length of time that the ,department of ,transportation took to complete each environmental impact statement described in subparagraph 7,g72 7,i7 the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted2 and 7,j7 for the proposed actions reported under subparagraphs 7,f7 and 7,i71 the percentage of those proposed actions for which-- 7i7 funding has been identified2 and 7ii7 all other ,federal1 ,state1 and local activities that are required to allow the proposed action to proceed are completed4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by inserting after the item relating to section #aef the following3 #aeg4 ,national ,environmental ,policy ,act of #aifi reporting program4 4 #aacac4 ,surface transportation project delivery program written agreements ,section #cbg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b77;,g71 by inserting 1 including the payment of fees awarded under section #bdab of title #bh before the period at the end2 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#e7 and inserting the following3 7#e7 except as provided under paragraph 7#g71 have a term of not more than #e years2 2 7,b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#g7 for any ,state that has participated in a program under this section 7or under a predecessor program7 for at least #aj years1 have a term of #aj years4 2 7#c7 in subsection 7g77#a7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking annual2 7,c7 by redesignating subparagraph 7,c7 as subparagraph 7,d72 and 7,d7 by inserting after subparagraph 7,b7 the following3 7,c7 in the case of an agreement period of greater than #e years pursuant to subsection 7c77#g71 conduct an audit covering the first #e years of the agreement period2 and 2 and 7#d7 by adding at the end the following3 7m7 ,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 #bdab of title #bh4 4 #aacad4 ,state assumption of responsibility for categorical exclusions ,section #cbf7;c77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subparagraph 7,a7 and inserting the following3 7,a7 except as provided under subparagraph 7,c71 shall have a term of not more than #c years2 2 7#b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7,c7 shall have a term of #e years1 in the case of a ,state that has assumed the responsibility for categorical exclusions under this section for not fewer than #aj years4 4 #aacae4 ,early utility relocation prior to transportation project environmental review ,section #abc of title #bc1 ,united ,states ,code1 is amended to read as follows3 #abc4 ,relocation of utility facilities 7a7 ,definitions ,in this section3 7#a7 ,cost of relocation ,the term cost of relocation includes the entire amount paid by a utility properly attributable to the relocation of a utility facility1 minus any increase in the value of the new facility and any salvage value derived from the old facility4 7#b7 ,early utility relocation project ,the term early utility relocation project means utility relocation activities identified by the ,state for performance before completion of the environmental review process for the transportation project4 7#c7 ,environmental review process ,the term environmental review process has the meaning given the term in section #aci7;a74 7#d7 ,transportation project ,the term transportation project means a project4 7#e7 ,utility facility ,the term utility facility means any privately1 publicly1 or cooperatively owned line1 facility1 or system for producing1 transmitting1 or distributing communications1 power1 electricity1 light1 heat1 gas1 oil1 crude products1 water1 steam1 waste1 stormwater not connected with highway drainage1 or any other similar commodity1 including any fire or police signal system or street lighting system1 that directly or indirectly serves the public4 7#f7 ,utility relocation activity ,the term utility relocation activity means an activity necessary for the relocation of a utility facility1 including preliminary and final design1 surveys1 real property acquisition1 materials acquisition1 and construction4 7b7 ,reimbursement to ,states 7#a7 ,in general ,if a ,state pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project1 ,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 project4 7#b7 ,limitation ,federal funds shall not be used to reimburse a ,state under this section if the payment to the utility-- 7,a7 violates the law of the ,state2 or 7,b7 violates a legal contract between the utility and the ,state4 7#c7 ,requirement ,a reimbursement under paragraph 7#a7 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 #af1 #aieh1 for work1 including utility relocation activities4 7#d7 ,reimbursement eligibility for early relocation prior to transportation project environmental review process 7,a7 ,in general ,in addition to the requirements under paragraphs 7#a7 through 7#c71 a ,state may carry out1 at the expense of the ,state1 an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project4 7,b7 ,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 ,secretary1 and the ,secretary finds that-- 7i7 the early utility relocation project is necessary to accommodate a transportation project2 7ii7 the ,state provides adequate documentation to the ,secretary of eligible costs incurred by the ,state for the early utility relocation project2 7iii7 before the commencement of the utility relocation activities1 an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project-- 7,i7 would not result in significant adverse environmental impacts2 and 7,,ii7 would comply with other applicable ,federal environmental requirements2 7iv7 the early utility relocation project did not influence-- 7,i7 the environmental review process for the transportation project2 7,,ii7 the decision relating to the need to construct the transportation project2 or 7,,iii7 the selection of the transportation project design or location2 7v7 the early utility relocation project complies with all applicable provisions of law1 including regulations issued pursuant to this title2 7vi7 the early utility relocation project follows applicable financial procedures and requirements1 including documentation of eligible costs and the requirements under section #aji7l71 but not including requirements applicable to authorization and obligation of ,federal funds2 7vii7 the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section #acd or #ace2 7viii7 before the cost incurred by a ,state is approved for ,federal participation1 environmental compliance pursuant to the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 has been completed for the transportation project for which the early utility relocation project was necessitated2 and 7ix7 the transportation project that necessitated the utility relocation activity is approved for construction4 7,c7 ,savings provision ,nothing in this paragraph affects other eligibility requirements or authorities for ,federal participation in payment of costs incurred for utility relocation activities4 7c7 ,applicability of other provisions ,nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project1 including any applicable requirements under-- 7#a7 section #ach2 7#b7 the ,uniform ,relocation ,assistance and ,real ,property ,acquisition ,policies ,act of #aigj 7#db ,u4,s4,c4 #dfja et seq471 including regulations under part #bd of title #di1 ,code of ,federal ,regulations 7or successor regulations72 7#c7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 or 7#d7 an environmental review process4 4 #aacaf4 ,streamlining of section #d7;f7 reviews ,section #ach7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the fourth sentence1 by striking ,in carrying out and inserting the following3 7#d7 ,studies ,in carrying out 2 7#b7 in the third sentence-- 7,a7 by striking such land1 and 7#b7 such program and inserting the following3 8the land2 and 7,b7 the program 2 7,b7 by striking unless 7#a7 there is and inserting the following3 8unless-- 7,a7 there is 2 and 7,c7 by striking ,after the and inserting the following3 7#c7 ,requirement ,after the 2 7#c7 in the second sentence-- 7,a7 by striking ,the ,secretary of ,transportation and inserting the following3 7#b7 ,cooperation and consultation 7,a7 ,in general ,the ,secretary 2 and 7,b7 by adding at the end the following3 7,b7 ,timeline for approvals 7i7 ,in general ,the ,secretary shall-- 7,i7 provide an evaluation under this section to the ,secretaries described in subparagraph 7,a72 and 7,,ii7 provide a period of #cj days for receipt of comments4 7ii7 ,assumed acceptance ,if the ,secretary does not receive comments by #ae days after the deadline under clause 7i77,,ii71 the ,secretary shall assume a lack of objection and proceed with the action4 7,c7 ,effect ,nothing in subparagraph 7,b7 affects-- 7i7 the requirements under-- 7,i7 subsections 7b7 through 7f72 or 7,,ii7 the consultation process under section #cjfajh of title #ed2 or 7ii7 programmatic section #d7;f7 evaluations1 as described in regulations issued by the ,secretary4 2 and 7#d7 in the first sentence1 by striking ,it is declared to be and inserting the following3 7#a7 ,in general ,it is 4 #aacag4 ,categorical exclusion for projects of limited ,federal assistance ,section #acag7a7 of ,,map-#ba 7#bc ,u4,s4,c4 #aji note2 ,public ,law #aab-ada7 is amended-- 7#a7 in subparagraph 7,a71 by striking #e1jjj1jjj and inserting #f1jjj1jjj2 and 7#b7 in subparagraph 7,b71 by striking #cj1jjj1jjj and inserting #ce1jjj1jjj4 #aacah4 ,certain gathering lines located on ,federal land and ,indian land 7a7 ,definitions ,in this section3 7#a7 ,federal land 7,a7 ,in general ,the term ,federal land means land the title to which is held by the ,united ,states4 7,b7 ,exclusions ,the term ,federal land does not include-- 7i7 a unit of the ,national ,park ,system2 7ii7 a unit of the ,national ,wildlife ,refuge ,system2 7iii7 a component of the ,national ,wilderness ,preservation ,system2 7iv7 a wilderness study area within the ,national ,forest ,system2 or 7v7 ,indian land4 7#b7 ,gathering line and associated field compression or pumping unit 7,a7 ,in general ,the term gathering line and associated field compression or pumping unit means-- 7i7 a pipeline that is installed to transport oil1 natural gas and related constituents1 or produced water from #a or more wells drilled and completed to produce oil or gas2 and 7ii7 if necessary1 #a or more compressors or pumps to raise the pressure of the transported oil1 natural gas and related constituents1 or produced water to higher pressures necessary to enable the oil1 natural gas and related constituents1 or produced water to flow into pipelines and other facilities4 7,b7 ,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 facility4 7,c7 ,exclusions ,the term gathering line and associated field compression or pumping unit does not include a common carrier pipeline4 7#c7 ,indian land ,the term ,indian land means land the title to which is held by-- 7,a7 the ,united ,states in trust for an ,indian ,tribe or an individual ,indian2 or 7,b7 an ,indian ,tribe or an individual ,indian subject to a restriction by the ,united ,states against alienation4 7#d7 ,produced water ,the term produced water means water produced from an oil or gas well bore that is not a fluid prepared at1 or transported to1 the well site to resolve a specific oil or gas well bore or reservoir condition4 7#e7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7b7 ,certain gathering lines 7#a7 ,in general ,subject to paragraph 7#b71 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 7as defined in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 for purposes of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the gathering line and associated field compression or pumping unit-- 7,a7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 analyzed transportation of oil1 natural gas1 or produced water from #a or more oil or gas wells in the field or unit as a reasonably foreseeable activity2 7,b7 are located adjacent to or within-- 7i7 any existing disturbed area2 or 7ii7 an existing corridor for a right-of-way2 and 7,c7 would reduce-- 7i7 in the case of a gathering line and associated field compression or pumping unit transporting methane1 the total quantity of methane that would otherwise be vented1 flared1 or unintentionally emitted from the field or unit2 or 7ii7 in the case of a gathering line and associated field compression or pumping unit not transporting methane1 the vehicular traffic that would otherwise service the field or unit4 7#b7 ,applicability ,paragraph 7#a7 shall apply to ,indian land1 or a portion of ,indian land-- 7,a7 to which the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applies2 and 7,b7 for which the ,indian ,tribe with jurisdiction over the ,indian land submits to the ,secretary a written request that paragraph 7#a7 apply to that ,indian land 7or portion of ,indian land74 7c7 ,effect on other law ,nothing in this section-- 7#a7 affects or alters any requirement-- 7,a7 relating to prior consent under-- 7i7 section #b of the ,act of ,february #e1 #aidh 7#fb ,stat4 #ah1 chapter #de2 #be ,u4,s4,c4 #cbd72 or 7ii7 section #af7;e7 of the ,act of ,june #ah1 #aicd 7#dh ,stat4 #ihg1 chapter #egf2 #ajb ,stat4 #bici2 #aad ,stat4 #dg2 #be ,u4,s4,c4 #eabc7;e77 7commonly known as the ,indian ,reorganization ,act72 7,b7 under section #cjfajh of title #ed1 ,united ,states ,code2 or 7,c7 under any other ,federal law 7including regulations7 relating to ,tribal consent for rights-of-way across ,indian land2 or 7#b7 makes the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 applicable to land to which that ,act otherwise would not apply4 #aacai4 ,annual report 7a7 ,definition of covered project ,in this section1 the term covered project means a project or activity carried out with funds provided by the ,department1 including a project carried out under title #bc or #di1 ,united ,states ,code-- 7#a7 that is more than #e years behind schedule2 or 7#b7 for which the total amount spent on the project or activity is not less than #a1jjj1jjj1jjj more than the original cost estimate for the project or activity4 7b7 ,requirement ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on covered projects of the ,department1 which shall include1 for each covered project-- 7#a7 a brief description of the covered project1 including-- 7,a7 the purpose of the covered project2 7,b7 each location in which the covered project is carried out2 7,c7 the contract or award number of the covered project1 if applicable2 7,d7 the year in which the covered project was initiated2 7,e7 the ,federal share of the total cost of the covered project2 and 7,f7 each primary contractor1 subcontractor1 grant recipient1 and subgrantee recipient of the covered project2 7#b7 an explanation of any change to the original scope of the covered project1 including by the addition or narrowing of the initial requirements of the covered project2 7#c7 the original expected date for completion of the covered project2 7#d7 the current expected date for completion of the covered project2 7#e7 the original cost estimate for the covered project1 as adjusted to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics2 7#f7 the current cost estimate for the covered project1 as adjusted to reflect increases in the ,consumer ,price ,index for ,all ,urban ,consumers1 as published by the ,bureau of ,labor ,statistics2 7#g7 an explanation for a delay in completion or an increase in the original cost estimate for the covered project1 including1 where applicable1 any impact of insufficient or delayed appropriations2 and 7#h7 the amount of and rationale for any award1 incentive fee1 or other type of bonus1 if any1 awarded for the covered project4 ,d ,climate change #aadja4 ,grants for charging and fueling infrastructure 7a7 ,purpose ,the purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles1 hydrogen vehicles1 propane vehicles1 and natural gas vehicles4 7b7 ,grant program ,section #aea of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,not later than #a year after the date of enactment of the ,,fast ,act1 the ,secretary shall and inserting ,the ,secretary shall periodically2 and 7,b7 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 mobility2 7#b7 in subsection 7b77#b71 by inserting previously designated by the ,federal ,highway ,administration or before designated by2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,redesignation 7#a7 ,initial redesignation ,not later than #ahj days after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall update and redesignate the corridors under subsection 7a74 7#b7 ,subsequent redesignation ,the ,secretary shall establish a recurring process to regularly update and redesignate the corridors under subsection 7a74 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b7-- 7i7 by striking establishes an aspirational goal of achieving and inserting describes efforts1 including through funds awarded through the grant program under subsection 7f71 that will aid efforts to achieve2 and 7ii7 by striking by the end of fiscal year #bjbj4 and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 summarizes best practices and provides guidance1 developed through consultation with the ,secretary of ,energy1 for project development of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure and natural gas fueling infrastructure at the ,state1 ,tribal1 and local level to allow for the predictable deployment of that infrastructure4 2 and 7#e7 by adding at the end the following3 7f7 ,grant program 7#a7 ,definition of private entity ,in this subsection1 the term private entity means a corporation1 partnership1 company1 or nonprofit organization4 7#b7 ,establishment ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph 7#f74 7#c7 ,eligible entities ,an entity eligible to receive a grant under this subsection is-- 7,a7 a ,state or political subdivision of a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a special purpose district or public authority with a transportation function1 including a port authority2 7,e7 an ,indian tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7,f7 a territory of the ,united ,states2 7,g7 an authority1 agency1 or instrumentality of1 or an entity owned by1 #a or more entities described in subparagraphs 7,a7 through 7,f72 or 7,h7 a group of entities described in subparagraphs 7,a7 through 7,g74 7#d7 ,applications ,to be eligible to receive a grant under this subsection1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary shall require1 including-- 7,a7 a description of how the eligible entity has considered-- 7i7 public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection1 including-- 7,i7 charging or fueling connector types and publicly available information on real-time availability2 and 7,,ii7 payment methods to ensure secure1 convenient1 fair1 and equal access2 7ii7 collaborative engagement with stakeholders 7including automobile manufacturers1 utilities1 infrastructure providers1 technology providers1 electric charging1 hydrogen1 propane1 and natural gas fuel providers1 metropolitan planning organizations1 ,states1 ,indian tribes1 and units of local governments1 fleet owners1 fleet managers1 fuel station owners and operators1 labor organizations1 infrastructure construction and component parts suppliers1 and multi-,state and regional entities7-- 7,i7 to foster enhanced1 coordinated1 public-private or private investment in electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure2 7,,ii7 to expand deployment of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure2 7,,iii7 to protect personal privacy and ensure cybersecurity2 and 7,,iv7 to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure2 7iii7 the location of the station or fueling site1 such as consideration of-- 7,i7 the availability of onsite amenities for vehicle operators1 such as restrooms or food facilities2 7,,ii7 access in compliance with the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaja et seq472 7,,iii7 height and fueling capacity requirements for facilities that charge or refuel large vehicles1 such as semi-trailer trucks2 and 7,,iv7 appropriate distribution to avoid redundancy and fill charging or fueling gaps2 7iv7 infrastructure installation that can be responsive to technology advancements1 such as accommodating autonomous vehicles1 vehicle-to-grid technology1 and future charging methods2 and 7v7 the long-term operation and maintenance of the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure1 to avoid stranded assets and protect the investment of public funds in that infrastructure2 and 7,b7 an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure1 which shall be conducted using the ,alternative ,fuel ,life-,cycle ,environmental and ,economic ,transportation 7,,afleet7 tool developed by ,argonne ,national ,laboratory 7or a successor tool74 7#e7 ,considerations ,in selecting eligible entities to receive a grant under this subsection1 the ,secretary shall-- 7,a7 consider the extent to which the application of the eligible entity would-- 7i7 improve alternative fueling corridor networks by-- 7,i7 converting corridor-pending corridors to corridor-ready corridors2 or 7,,ii7 in the case of corridor-ready corridors1 providing redundancy-- 7aa7 to meet excess demand for charging or fueling infrastructure2 or 7bb7 to reduce congestion at existing charging or fueling infrastructure in high-traffic locations2 7ii7 meet current or anticipated market demands for charging or fueling infrastructure2 7iii7 enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without ,federal assistance2 7iv7 support a long-term competitive market for electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure providers2 7v7 provide access to electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure in areas with a current or forecasted need2 and 7vi7 deploy electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure for medium- and heavy-duty vehicles 7including along the ,national ,highway ,freight ,network established under section #afg7;c77 and in proximity to intermodal transfer stations2 7,b7 ensure1 to the maximum extent practicable1 geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure is available throughout the ,united ,states2 7,c7 consider whether the private entity that the eligible entity contracts with under paragraph 7#f7-- 7i7 submits to the ,secretary the most recent year of audited financial statements2 and 7ii7 has experience in installing and operating electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure2 and 7,d7 consider whether1 to the maximum extent practicable1 the eligible entity and the private entity that the eligible entity contracts with under paragraph 7#f7 enter into an agreement-- 7i7 to operate and maintain publicly available electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas infrastructure2 and 7ii7 that provides a remedy and an opportunity to cure if the requirements described in clause 7i7 are not met4 7#f7 ,use of funds 7,a7 ,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 infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle4 7,b7 ,location of infrastructure ,any publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 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 section1 on the condition that any affected ,indian tribes are consulted before the designation4 7,c7 ,operating assistance 7i7 ,in general ,subject to clauses 7ii7 and 7iii71 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 #e years of operations after the installation of publicly available electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure while the facility transitions to independent system operations4 7ii7 ,inclusions ,operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure and service4 7iii7 ,limitation ,operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure4 7,d7 ,traffic control devices 7i7 ,in general ,subject to this paragraph1 an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure acquired1 installed1 or operated with the grant4 7ii7 ,applicability ,clause 7i7 shall apply only to an eligible entity that-- 7,i7 receives a grant under this subsection2 and 7,,ii7 is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure4 7iii7 ,limitation on amount ,the amount of funds used to acquire and install traffic control devices under clause 7i7 may not exceed the amount of a contract under subparagraph 7,a7 to acquire and install publicly accessible charging or fueling infrastructure4 7iv7 ,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 so4 7,e7 ,revenue 7i7 ,in general ,an eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph 7,a7 may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure4 7ii7 ,uses of revenue ,an eligible entity that receives revenue from a cost-sharing agreement under clause 7i7 may only use that revenue for a project that is eligible under this title4 7#g7 ,certain fuels ,the use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles4 7#h7 ,community grants 7,a7 ,in general ,notwithstanding paragraphs 7#d71 7#e71 and 7#f71 the ,secretary shall reserve #ej percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph4 7,b7 ,applications ,to be eligible to receive a grant under this paragraph1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,c7 ,eligible entities ,an entity eligible to receive a grant under this paragraph is-- 7i7 an entity described in paragraph 7#c72 and 7ii7 a ,state or local authority with ownership of publicly accessible transportation facilities4 7,d7 ,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 infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure1 including-- 7i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7ii7 the acquisition and installation of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle1 including any related construction or reconstruction and the acquisition of real property directly related to the project1 such as locations described in subparagraph 7,e71 to expand access to electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure4 7,e7 ,project locations ,a project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations1 such as parking facilities at public buildings1 public schools1 and public parks1 or in publicly accessible parking facilities owned or managed by a private entity4 7,f7 ,priority ,in providing grants under this paragraph1 the ,secretary shall give priority to projects that expand access to electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure within-- 7i7 rural areas2 7ii7 low- and moderate-income neighborhoods2 and 7iii7 communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes1 as determined by the ,secretary4 7,g7 ,additional considerations ,in providing grants under this paragraph1 the ,secretary shall consider the extent to which the project-- 7i7 contributes to geographic diversity among eligible entities1 including achieving a balance between urban and rural communities2 and 7ii7 meets current or anticipated market demands for charging or fueling infrastructure1 including faster charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles4 7,h7 ,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 acquisition1 construction1 installation1 maintenance1 or operation of electric vehicle charging infrastructure1 hydrogen fueling infrastructure1 propane fueling infrastructure1 or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle4 7,i7 ,maximum grant amount ,the amount of a grant under this paragraph shall not be more than #ae1jjj1jjj4 7,j7 ,technical assistance ,of the amounts reserved under subparagraph 7,a71 the ,secretary may use not more than #a percent to provide technical assistance to eligible entities4 7,k7 ,additional activities ,the recipient of a grant under this paragraph may use not more than #e percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools1 community organizations1 and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure4 7#i7 ,requirements 7,a7 ,project treatment ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway under this chapter4 7,b7 ,signs ,any traffic control device or on-premises sign acquired1 installed1 or operated with a grant under this subsection shall comply with-- 7i7 the ,manual on ,uniform ,traffic ,control ,devices1 if located in the right-of-way2 and 7ii7 other provisions of ,federal1 ,state1 and local law1 as applicable4 7#aj7 ,federal share 7,a7 ,in general ,the ,federal share of the cost of a project carried out with a grant under this subsection shall not exceed #hj percent of the total project cost4 7,b7 ,responsibility of private entity ,as a condition of contracting with an eligible entity under paragraph 7#f7 or 7#h71 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 7,a74 7#aa7 ,report ,not later than #c years after the date of enactment of this subsection1 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 subsection4 4 #aadjb4 ,reduction of truck emissions at port facilities 7a7 ,establishment of program 7#a7 ,in general ,the ,secretary shall establish a program to reduce idling at port facilities1 under which the ,secretary shall-- 7,a7 study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports1 including through the electrification of port operations2 7,b7 study emerging technologies and strategies that may help reduce port-related emissions from idling trucks2 and 7,c7 coordinate and provide funding to test1 evaluate1 and deploy projects that reduce port-related emissions from idling trucks1 including through the advancement of port electrification and improvements in efficiency1 focusing on port operations1 including heavy-duty commercial vehicles1 and other related projects4 7#b7 ,consultation ,in carrying out the program under this subsection1 the ,secretary may consult with the ,secretary of ,energy and the ,administrator of the ,environmental ,protection ,agency4 7b7 ,grants 7#a7 ,in general ,in carrying out subsection 7a77#a77;,c71 the ,secretary shall award grants to fund projects that reduce emissions at ports1 including through the advancement of port electrification4 7#b7 ,cost share ,a grant awarded under paragraph 7#a7 shall not exceed #hj percent of the total cost of the project funded by the grant4 7#c7 ,coordination ,in carrying out the grant program under this subsection1 the ,secretary shall-- 7,a7 to the maximum extent practicable1 leverage existing resources and programs of the ,department and other relevant ,federal agencies2 and 7,b7 coordinate with other ,federal agencies1 as the ,secretary determines to be appropriate4 7#d7 ,application2 selection 7,a7 ,application ,the ,secretary shall solicit applications for grants under paragraph 7#a7 at such time1 in such manner1 and containing such information as the ,secretary determines to be necessary4 7,b7 ,selection ,the ,secretary shall make grants under paragraph 7#a7 by not later than ,april #a of each fiscal year for which funding is made available4 7#e7 ,requirement ,notwithstanding any other provision of law1 any project funded by a grant under this subsection shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7c7 ,report ,not later than #a year after the date on which all of the projects funded with a grant under subsection 7b7 are completed1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 the findings of the studies described in subparagraphs 7,a7 and 7,b7 of subsection 7a77#a72 7#b7 the results of the projects that received a grant under subsection 7b72 7#c7 any recommendations for workforce development and training opportunities with respect to port electrification2 and 7#d7 any policy recommendations based on the findings and results described in paragraphs 7#a7 and 7#b74 #aadjc4 ,carbon reduction program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabjc7;a771 is amended by adding at the end the following3 #age4 ,carbon reduction program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization2 urbanized area ,the terms metropolitan planning organization and urbanized area have the meaning given those terms in section #acd7;b74 7#b7 ,transportation emissions ,the term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a ,state4 7#c7 ,transportation management area ,the term transportation management area means a transportation management area identified or designated by the ,secretary under section #acd7k77#a74 7b7 ,establishment ,the ,secretary shall establish a carbon reduction program to reduce transportation emissions4 7c7 ,eligible projects 7#a7 ,in general ,subject to paragraph 7#b71 funds apportioned to a ,state under section #ajd7;b77#g7 may be obligated for projects to support the reduction of transportation emissions1 including-- 7,a7 a project described in section #adi7;b77#d7 to establish or operate a traffic monitoring1 management1 and control facility or program1 including advanced truck stop electrification systems2 7,b7 a public transportation project that is eligible for assistance under section #adb2 7,c7 a project described in section #aja7;a77#bi7 7as in effect on the day before the date of enactment of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab771 including the construction1 planning1 and design of on-road and off-road trail facilities for pedestrians1 bicyclists1 and other nonmotorized forms of transportation2 7,d7 a project described in section #ejc7;c77#d77;,e7 for advanced transportation and congestion management technologies2 7,e7 a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment1 including retrofitting dedicated short-range communications 7,,dsrc7 technology deployed as part of an existing pilot program to cellular vehicle-to-everything 7,c-,v#b,x7 technology2 7,f7 a project to replace street lighting and traffic control devices with energy-efficient alternatives2 7,g7 the development of a carbon reduction strategy in accordance with subsection 7d72 7,h7 a project or strategy that is designed to support congestion pricing1 shifting transportation demand to nonpeak hours or other transportation modes1 increasing vehicle occupancy rates1 or otherwise reducing demand for roads1 including electronic toll collection1 and travel demand management strategies and programs2 7,i7 efforts to reduce the environmental and community impacts of freight movement2 7,j7 a project to support deployment of alternative fuel vehicles1 including-- 7i7 the acquisition1 installation1 or operation of publicly accessible electric vehicle charging infrastructure or hydrogen1 natural gas1 or propane vehicle fueling infrastructure2 and 7ii7 the purchase or lease of zero-emission construction equipment and vehicles1 including the acquisition1 construction1 or leasing of required supporting facilities2 7,k7 a project described in section #adi7;b77#h7 for a diesel engine retrofit2 7,l7 a project described in section #adi7;b77#e7 that does not result in the construction of new capacity2 and 7,m7 a project that reduces transportation emissions at port facilities1 including through the advancement of port electrification4 7#b7 ,flexibility ,in addition to the eligible projects under paragraph 7#a71 a ,state may use funds apportioned under section #ajd7;b77#g7 for a project eligible under section #acc7;b7 if the ,secretary certifies that the ,state has demonstrated a reduction in transportation emissions-- 7,a7 as estimated on a per capita basis2 and 7,b7 as estimated on a per unit of economic output basis4 7d7 ,carbon reduction strategy 7#a7 ,in general ,not later than #b years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 a ,state1 in consultation with any metropolitan planning organization designated within the ,state1 shall develop a carbon reduction strategy in accordance with this subsection4 7#b7 ,requirements ,the carbon reduction strategy of a ,state developed under paragraph 7#a7 shall-- 7,a7 support efforts to reduce transportation emissions2 7,b7 identify projects and strategies to reduce transportation emissions1 which may include projects and strategies for safe1 reliable1 and cost-effective options-- 7i7 to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips1 including public transportation facilities1 pedestrian facilities1 bicycle facilities1 and shared or pooled vehicle trips within the ,state or an area served by the applicable metropolitan planning organization1 if any2 7ii7 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 modes2 and 7iii7 to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches2 7,c7 support the reduction of transportation emissions of the ,state2 7,d7 at the discretion of the ,state1 quantify the total carbon emissions from the production1 transport1 and use of materials used in the construction of transportation facilities within the ,state2 and 7,e7 be appropriate to the population density and context of the ,state1 including any metropolitan planning organization designated within the ,state4 7#c7 ,updates ,the carbon reduction strategy of a ,state developed under paragraph 7#a7 shall be updated not less frequently than once every #d years4 7#d7 ,review ,not later than #ij 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 7#a71 the ,secretary shall-- 7,a7 review the process used to develop the carbon reduction strategy2 and 7,b7 7i7 certify that the carbon reduction strategy meets the requirements of paragraph 7#b72 or 7ii7 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 strategy4 7#e7 ,technical assistance ,at the request of a ,state1 the ,secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph 7#a74 7e7 ,suballocation 7#a7 ,in general ,for each fiscal year1 of the funds apportioned to the ,state under section #ajd7;b77#g7-- 7,a7 #fe percent shall be obligated1 in proportion to their relative shares of the population of the ,state-- 7i7 in urbanized areas of the ,state with an urbanized area population of more than #bjj1jjj2 7ii7 in urbanized areas of the ,state with an urbanized population of not less than #ej1jjj and not more than #bjj1jjj2 7iii7 in urban areas of the ,state with a population of not less than #e1jjj and not more than #di1iii2 and 7iv7 in other areas of the ,state with a population of less than #e1jjj2 and 7,b7 the remainder may be obligated in any area of the ,state4 7#b7 ,metropolitan areas ,funds attributed to an urbanized area under paragraph 7#a77;,a77i7 may be obligated in the metropolitan area established under section #acd that encompasses the urbanized area4 7#c7 ,distribution among urbanized areas of over #ej1jjj population 7,a7 ,in general ,except as provided in subparagraph 7,b71 the amounts that a ,state is required to obligate under clauses 7i7 and 7ii7 of paragraph 7#a77;,a7 shall be obligated in urbanized areas described in those clauses based on the relative population of the areas4 7,b7 ,other factors ,the ,state may obligate the funds described in subparagraph 7,a7 based on other factors if-- 7i7 the ,state and the relevant metropolitan planning organizations jointly apply to the ,secretary for the permission to base the obligation on other factors2 and 7ii7 the ,secretary grants the request4 7#d7 ,coordination in urbanized areas ,before obligating funds for an eligible project under subsection 7c7 in an urbanized area that is not a transportation management area1 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 project4 7#e7 ,consultation in rural areas ,before obligating funds for an eligible project under subsection 7c7 in a rural area1 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 project4 7#f7 ,obligation authority 7,a7 ,in general ,a ,state that is required to obligate in an urbanized area with an urbanized area population of #ej1jjj or more under this subsection funds apportioned to the ,state under section #ajd7;b77#g7 shall make available during the period of fiscal years #bjbb through #bjbf 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-- 7i7 the aggregate amount of funds that the ,state is required to obligate in the area under this subsection during the period2 and 7ii7 the ratio that-- 7,i7 the aggregate amount of obligation authority distributed to the ,state for ,federal-aid highways and highway safety construction programs during the period2 bears to 7,,ii7 the total of the sums apportioned to the ,state for ,federal-aid highways and highway safety construction programs 7excluding sums not subject to an obligation limitation7 during the period4 7,b7 ,joint responsibility ,each ,state1 each affected metropolitan planning organization1 and the ,secretary shall jointly ensure compliance with subparagraph 7,a74 7f7 ,federal share ,the ,federal share of the cost of a project carried out using funds apportioned to a ,state under section #ajd7;b77#g7 shall be determined in accordance with section #abj4 7g7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under this chapter4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aabjc7;b77 is amended by inserting after the item relating to section #agd the following3 #age4 ,carbon reduction program4 4 #aadjd4 ,congestion relief program 7a7 ,in general ,section #abi of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,congestion relief program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means any of the following3 7i7 ,a ,state1 for the purpose of carrying out a project in an urbanized area with a population of more than #a1jjj1jjj4 7ii7 ,a metropolitan planning organization1 city1 or municipality1 for the purpose of carrying out a project in an urbanized area with a population of more than #a1jjj1jjj4 7,b7 ,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 includes1 at a minimum1 traffic incident management1 work zone management1 traffic signal timing1 managed lanes1 real-time traveler information1 and active traffic management1 in order to maximize the capacity of all facilities and modes across the applicable region4 7,c7 ,program ,the term program means the congestion relief program established under paragraph 7#b74 7#b7 ,establishment ,the ,secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative1 integrated1 and multimodal solutions to congestion relief in the most congested metropolitan areas of the ,united ,states4 7#c7 ,program goals ,the goals of the program are to reduce highway congestion1 reduce economic and environmental costs associated with that congestion1 including transportation emissions1 and optimize existing highway capacity and usage of highway and transit systems through-- 7,a7 improving intermodal integration with highways1 highway operations1 and highway performance2 7,b7 reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times2 and 7,c7 pricing of1 or based on1 as applicable-- 7i7 parking2 7ii7 use of roadways1 including in designated geographic zones2 or 7iii7 congestion4 7#d7 ,eligible projects ,funds from a grant under the program may be used for a project or an integrated collection of projects1 including planning1 design1 implementation1 and construction activities1 to achieve the program goals under paragraph 7#c71 including-- 7,a7 deployment and operation of an integrated congestion management system2 7,b7 deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes1 cordon pricing1 parking pricing1 or congestion pricing2 7,c7 deployment and operation of mobility services1 including establishing account-based financial systems1 commuter buses1 commuter vans1 express operations1 paratransit1 and on-demand microtransit2 and 7,d7 incentive programs that encourage travelers to carpool1 use nonhighway travel modes during peak period1 or travel during nonpeak periods4 7#e7 ,application2 selection 7,a7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,priority ,in providing grants under the program1 the ,secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion4 7,c7 ,federal share ,the ,federal share of the cost of a project carried out with a grant under the program shall not exceed #hj percent of the total project cost4 7,d7 ,minimum award ,a grant provided under the program shall be not less than #aj1jjj1jjj4 7#f7 ,use of tolling 7,a7 ,in general ,notwithstanding subsection 7a77#a7 and section #cja and subject to subparagraphs 7,b7 and 7,c71 the ,secretary shall allow the use of tolls on the ,interstate ,system as part of a project carried out with a grant under the program4 7,b7 ,requirements ,the ,secretary may only approve the use of tolls under subparagraph 7,a7 if-- 7i7 the eligible entity has authority under ,state1 and if applicable1 local1 law to assess the applicable toll2 7ii7 the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying-- 7,i7 the toll rate for any other vehicle class2 and 7,,ii7 #e2 7iii7 the toll rates are not charged or varied on the basis of ,state residency2 7iv7 the ,secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph 7#c7 without a significant impact to safety or mobility within the urbanized area in which the project is located2 and 7v7 the use of toll revenues complies with subsection 7a77#c74 7,c7 ,limitation ,the ,secretary may not approve the use of tolls on the ,interstate ,system under the program in more than #aj urbanized areas4 7#g7 ,financial effects on low-income drivers ,a project under the program-- 7,a7 shall include1 if appropriate1 an analysis of the potential effects of the project on low-income drivers2 and 7,b7 may include mitigation measures to deal with any potential adverse financial effects on low-income drivers4 4 7b7 ,high occupancy vehicle use of certain toll facilities ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraph 7#aj7 as paragraph 7#aa72 and 7#b7 by inserting after paragraph 7#i7 the following3 7#aj7 ,high occupancy vehicle use of certain toll facilities ,notwithstanding section #ajb7;a71 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 #bjba1 the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles1 transit1 and paratransit vehicles to use the facility at a discount rate or without charge1 unless the public authority1 in consultation with the ,secretary1 determines that the number of those vehicles using the facility reduces the travel time reliability of the facility4 4 #aadje4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 program 7a7 ,in general ,chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aadjc7;a771 is amended by adding at the end the following3 #agf4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 program 7a7 ,definitions ,in this section3 7#a7 ,emergency event ,the term emergency event means a natural disaster or catastrophic failure resulting in-- 7,a7 an emergency declared by the ,governor of the ,state in which the disaster or failure occurred2 or 7,b7 an emergency or disaster declared by the ,president4 7#b7 ,evacuation route ,the term evacuation route means a transportation route or system that-- 7,a7 is owned1 operated1 or maintained by a ,federal1 ,state1 ,tribal1 or local government2 7,b7 is used-- 7i7 to transport the public away from emergency events2 or 7ii7 to transport emergency responders and recovery resources2 and 7,c7 is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph 7,b74 7#c7 ,program ,the term program means the program established under subsection 7b77#a74 7#d7 ,resilience improvement ,the term resilience improvement means the use of materials or structural or nonstructural techniques1 including natural infrastructure-- 7,a7 that allow a project-- 7i7 to better anticipate1 prepare for1 and adapt to changing conditions and to withstand and respond to disruptions2 and 7ii7 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 project2 or 7,b7 that-- 7i7 reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project2 or 7ii7 have the absorptive capacity1 adaptive capacity1 and recoverability to decrease project vulnerability to current and future weather events or natural disasters4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a program1 to be known as the ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation program or the ,,protect program4 7#b7 ,purpose ,the purpose of the program is to provide grants for resilience improvements through-- 7,a7 formula funding distributed to ,states to carry out subsection 7c72 7,b7 competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions1 including sea level rise1 and plan transportation improvements and emergency response strategies to address those vulnerabilities2 and 7,c7 competitive resilience improvement grants to protect-- 7i7 surface transportation assets by making the assets more resilient to current and future weather events and natural disasters1 such as severe storms1 flooding1 drought1 levee and dam failures1 wildfire1 rockslides1 mudslides1 sea level rise1 extreme weather1 including extreme temperature1 and earthquakes2 7ii7 communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that-- 7,i7 serve critical local1 regional1 and national needs1 including evacuation routes2 and 7,,ii7 provide access or service to hospitals and other medical or emergency service facilities1 major employers1 critical manufacturing centers1 ports and intermodal facilities1 utilities1 and ,federal facilities2 7iii7 coastal infrastructure1 such as a tide gate to protect highways1 that is at long-term risk to sea level rise2 and 7iv7 natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions1 including culverts that ensure adequate flows in rivers and estuarine systems4 7c7 ,eligible activities for apportioned funding 7#a7 ,in general ,except as provided in paragraph 7#b71 funds apportioned to the ,state under section #ajd7;b77#h7 shall be obligated for activities eligible under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7d77#d74 7#b7 ,planning set-aside ,of the funds apportioned to a ,state under section #ajd7;b77#h7 for each fiscal year1 not less than #b percent shall be for activities described in subsection 7d77#c74 7#c7 ,requirements 7,a7 ,projects in certain areas ,if a project under this subsection is carried out1 in whole or in part1 within a base floodplain1 the ,state shall-- 7i7 identify the base floodplain in which the project is to be located and disclose that information to the ,secretary2 and 7ii7 indicate to the ,secretary whether the ,state plans to implement #a or more components of the risk mitigation plan under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe7 with respect to the area4 7,b7 ,eligibilities ,a ,state shall use funds apportioned to the ,state under section #ajd7;b77#h7 for-- 7i7 a highway project eligible for assistance under this title2 7ii7 a public transportation facility or service eligible for assistance under chapter #ec of title #di2 or 7iii7 a port facility1 including a facility that-- 7,i7 connects a port to other modes of transportation2 7,,ii7 improves the efficiency of evacuations and disaster relief2 or 7,,iii7 aids transportation4 7,c7 ,system resilience ,a project carried out by a ,state with funds apportioned to the ,state under section #ajd7;b77#h7 may include the use of natural infrastructure or the construction or modification of storm surge1 flood protection1 or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement1 such as-- 7i7 increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage2 7ii7 upgrades to and installation of culverts designed to withstand #ajj-year flood events2 7iii7 upgrades to and installation of tide gates to protect highways2 7iv7 upgrades to and installation of flood gates to protect tunnel entrances2 and 7v7 improving functionality and resiliency of stormwater controls1 including inventory inspections1 upgrades to1 and preservation of best management practices to protect surface transportation infrastructure4 7,d7 ,federal cost share 7i7 ,in general ,except as provided in subsection 7e77#a71 the ,federal share of the cost of a project carried out using funds apportioned to the ,state under section #ajd7;b77#h7 shall not exceed #hj percent of the total project cost4 7ii7 ,non-federal share ,a ,state may use ,federal funds other than ,federal funds apportioned to the ,state under section #ajd7;b77#h7 to meet the non-,federal cost share requirement for a project under this subsection4 7,e7 ,eligible project costs 7i7 ,in general ,except as provided in clause 7ii71 eligible project costs for activities carried out by a ,state with funds apportioned to the ,state under section #ajd7;b77#h7 may include the costs of-- 7,i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,,ii7 construction1 reconstruction1 rehabilitation1 and acquisition of real property 7including land related to the project and improvements to land71 environmental mitigation1 construction contingencies1 acquisition of equipment directly related to improving system performance1 and operational improvements4 7ii7 ,eligible planning costs ,in the case of a planning activity described in subsection 7d77#c7 that is carried out by a ,state with funds apportioned to the ,state under section #ajd7;b77#h71 eligible costs may include development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 other preconstruction activities1 and other activities consistent with carrying out the purposes of subsection 7d77#c74 7,f7 ,limitations ,a ,state-- 7i7 may use not more than #dj percent of the amounts apportioned to the ,state under section #ajd7;b77#h7 for the construction of new capacity2 and 7ii7 may use not more than #aj percent of the amounts apportioned to the ,state under section #ajd7;b77#h7 for activities described in subparagraph 7,e77i77,i74 7d7 ,competitive awards 7#a7 ,in general ,in addition to funds apportioned to ,states under section #ajd7;b77#h7 to carry out activities under subsection 7c71 the ,secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph 7#b74 7#b7 ,eligible entities ,except as provided in paragraph 7#d77;,c71 the ,secretary may make a grant under this subsection to any of the following3 7,a7 ,a ,state or political subdivision of a ,state4 7,b7 ,a metropolitan planning organization4 7,c7 ,a unit of local government4 7,d7 ,a special purpose district or public authority with a transportation function1 including a port authority4 7,e7 ,an ,indian tribe 7as defined in section #bjg7m77#a774 7,f7 ,a ,federal land management agency that applies jointly with a ,state or group of ,states4 7,g7 ,a multi-,state or multijurisdictional group of entities described in subparagraphs 7,a7 through 7,f74 7#c7 ,planning grants ,using funds made available under this subsection1 the ,secretary shall provide planning grants to eligible entities for the purpose of-- 7,a7 in the case of a ,state or metropolitan planning organization1 developing a resilience improvement plan under subsection 7e77#b72 7,b7 resilience planning1 predesign1 design1 or the development of data tools to simulate transportation disruption scenarios1 including vulnerability assessments2 7,c7 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 conditions2 or 7,d7 evacuation planning and preparation4 7#d7 ,resilience grants 7,a7 ,resilience improvement grants 7i7 ,in general ,using funds made available under this subsection1 the ,secretary shall provide resilience improvement grants to eligible entities to carry out #a or more eligible activities under clause 7ii74 7ii7 ,eligible activities 7,i7 ,in general ,an eligible entity may use a resilience improvement grant under this subparagraph for #a or more construction activities to improve the ability of an existing surface transportation asset to withstand #a or more elements of a weather event or natural disaster1 or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions1 such as sea level rise1 flooding1 wildfires1 extreme weather events1 and other natural disasters4 7,,ii7 ,inclusions ,an activity eligible to be carried out under this subparagraph includes-- 7aa7 resurfacing1 restoration1 rehabilitation1 reconstruction1 replacement1 improvement1 or realignment of an existing surface transportation facility eligible for assistance under this title2 7bb7 the incorporation of natural infrastructure2 7cc7 the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the ,federal ,highway ,administration2 7dd7 the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems2 7ee7 strengthening systems that remove rainwater from surface transportation facilities2 7ff7 upgrades to and installation of structural stormwater controls2 7gg7 a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity1 if applicable2 7hh7 relocating roadways in a base floodplain to higher ground above projected flood elevation levels1 or away from slide prone areas2 7ii7 stabilizing slide areas or slopes2 7jj7 installing riprap2 7kk7 lengthening or raising bridges to increase waterway openings1 including to respond to extreme weather2 7ll7 increasing the size or number of drainage structures2 7mm7 installing seismic retrofits on bridges2 7nn7 adding scour protection at bridges2 7oo7 adding scour1 stream stability1 coastal1 and other hydraulic countermeasures1 including spur dikes2 7pp7 vegetation management practices in transportation rights-of-way to improve roadway safety1 prevent against invasive species1 facilitate wildfire control1 and provide erosion control2 and 7qq7 any other protective features1 including natural infrastructure1 as determined by the ,secretary4 7iii7 ,priority ,the ,secretary shall prioritize a resilience improvement grant to an eligible entity if-- 7,i7 the ,secretary determines-- 7aa7 the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity2 and 7bb7 there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of1 and impacts associated with1 failure due to the impacts of weather events1 natural disasters1 or changing conditions1 such as sea level rise1 wildfires1 and increased flood risk2 or 7,,ii7 the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection 7e77#b74 7,b7 ,community resilience and evacuation route grants 7i7 ,in general ,using funds made available under this subsection1 the ,secretary shall provide community resilience and evacuation route grants to eligible entities to carry out #a or more eligible activities under clause 7ii74 7ii7 ,eligible activities ,an eligible entity may use a community resilience and evacuation route grant under this subparagraph for #a or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events1 including a project that-- 7,i7 is an eligible activity under subparagraph 7,a77ii71 if that eligible activity will improve an evacuation route2 7,,ii7 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 events1 including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event1 and including steps to protect routes from mud1 rock1 or other debris slides2 7,,iii7 if the eligible entity notifies the ,secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations1 including the transportation of emergency responders and recovery resources1 expands the capacity of evacuation routes to swiftly and safely accommodate evacuations1 including installation of-- 7aa7 communications and intelligent transportation system equipment and infrastructure2 7bb7 counterflow measures2 or 7cc7 shoulders2 7,,iv7 is for the construction of new or redundant evacuation routes1 if the eligible entity notifies the ,secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations1 including the transportation of emergency responders and recovery resources2 7,v7 is for the acquisition of evacuation route or traffic incident management equipment or signage2 or 7,,vi7 will ensure access or service to critical destinations1 including hospitals and other medical or emergency service facilities1 major employers1 critical manufacturing centers1 ports and intermodal facilities1 utilities1 and ,federal facilities4 7iii7 ,priority ,the ,secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective1 as determined by the ,secretary1 taking into account-- 7,i7 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 located2 and 7,,ii7 projected changes in development patterns1 demographics1 and extreme weather events based on the best available evidence and analysis4 7iv7 ,consultation ,in providing grants for community resilience and evacuation routes under this subparagraph1 the ,secretary may consult with the ,administrator of the ,federal ,emergency ,management ,agency1 who may provide technical assistance to the ,secretary and to eligible entities4 7,c7 ,at-risk coastal infrastructure grants 7i7 ,definition of eligible entity ,in this subparagraph1 the term eligible entity means any of the following3 7,i7 ,a ,state 7including the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands7 in1 or bordering on1 the ,atlantic1 ,pacific1 or ,arctic ,ocean1 the ,gulf of ,mexico1 ,long ,island ,sound1 or #a or more of the ,great ,lakes4 7,,ii7 ,a political subdivision of a ,state described in subclause 7,i74 7,,iii7 ,a metropolitan planning organization in a ,state described in subclause 7,i74 7,,iv7 ,a unit of local government in a ,state described in subclause 7,i74 7,v7 ,a special purpose district or public authority with a transportation function1 including a port authority1 in a ,state described in subclause 7,i74 7,,vi7 ,an ,indian tribe in a ,state described in subclause 7,i74 7,,vii7 ,a ,federal land management agency that applies jointly with a ,state or group of ,states described in subclause 7,i74 7,,viii7 ,a multi-,state or multijurisdictional group of entities described in subclauses 7,i7 through 7,,vii74 7ii7 ,grants ,using funds made available under this subsection1 the ,secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out #a or more eligible activities under clause 7iii74 7iii7 ,eligible activities ,an eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening1 stabilizing1 hardening1 elevating1 relocating1 or otherwise enhancing the resilience of highway and non-rail infrastructure1 including bridges1 roads1 pedestrian walkways1 and bicycle lanes1 and associated infrastructure1 such as culverts and tide gates to protect highways1 that are subject to1 or face increased long-term future risks of1 a weather event1 a natural disaster1 or changing conditions1 including coastal flooding1 coastal erosion1 wave action1 storm surge1 or sea level rise1 in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs4 7iv7 ,criteria ,the ,secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project-- 7,i7 that addresses the risks from a current or future weather event or natural disaster1 including coastal flooding1 coastal erosion1 wave action1 storm surge1 or sea level change2 and 7,,ii7 that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs4 7v7 ,coastal benefits ,in addition to the criteria under clause 7iv71 for the purpose of providing at-risk coastal infrastructure grants under this subparagraph1 the ,secretary shall evaluate the extent to which a project will provide-- 7,i7 access to coastal homes1 businesses1 communities1 and other critical infrastructure1 including access by first responders and other emergency personnel2 or 7,,ii7 access to a designated evacuation route4 7#e7 ,grant requirements 7,a7 ,solicitations for grants ,in providing grants under this subsection1 the ,secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph 7#c7 and subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#d74 7,b7 ,applications 7i7 ,in general ,to be eligible to receive a grant under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d71 an eligible entity shall submit to the ,secretary an application in such form1 at such time1 and containing such information as the ,secretary determines to be necessary4 7ii7 ,projects in certain areas ,if a project is proposed to be carried out by the eligible entity1 in whole or in part1 within a base floodplain1 the eligible entity shall-- 7,i7 as part of the application1 identify the floodplain in which the project is to be located and disclose that information to the ,secretary2 and 7,,ii7 indicate in the application whether1 if selected1 the eligible entity will implement #a or more components of the risk mitigation plan under section #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe7 with respect to the area4 7,c7 ,eligibilities ,the ,secretary may make a grant under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 only for-- 7i7 a highway project eligible for assistance under this title2 7ii7 a public transportation facility or service eligible for assistance under chapter #ec of title #di2 7iii7 a facility or service for intercity rail passenger transportation 7as defined in section #bdajb of title #di72 or 7iv7 a port facility1 including a facility that-- 7,i7 connects a port to other modes of transportation2 7,,ii7 improves the efficiency of evacuations and disaster relief2 or 7,,iii7 aids transportation4 7,d7 ,system resilience ,a project for which a grant is provided under paragraph 7#c7 or subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 may include the use of natural infrastructure or the construction or modification of storm surge1 flood protection1 or aquatic ecosystem restoration elements that the ,secretary determines are functionally connected to a transportation improvement1 such as-- 7i7 increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage2 7ii7 upgrades to and installing of culverts designed to withstand #ajj-year flood events2 7iii7 upgrades to and installation of tide gates to protect highways2 and 7iv7 upgrades to and installation of flood gates to protect tunnel entrances4 7,e7 ,federal cost share 7i7 ,planning grant ,the ,federal share of the cost of a planning activity carried out using a planning grant under paragraph 7#c7 shall be #ajj percent4 7ii7 ,resilience grants 7,i7 ,in general ,except as provided in subclause 7,,ii7 and subsection 7e77#a71 the ,federal share of the cost of a project carried out using a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 shall not exceed #hj percent of the total project cost4 7,,ii7 ,tribal projects ,on the determination of the ,secretary1 the ,federal share of the cost of a project carried out using a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 by an ,indian tribe 7as defined in section #bjg7m77#a77 may be up to #ajj percent4 7iii7 ,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 subsection4 7,f7 ,eligible project costs 7i7 ,resilience grant projects ,eligible project costs for activities funded with a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7 may include the costs of-- 7,i7 development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 and other preconstruction activities2 and 7,,ii7 construction1 reconstruction1 rehabilitation1 and acquisition of real property 7including land related to the project and improvements to land71 environmental mitigation1 construction contingencies1 acquisition of equipment directly related to improving system performance1 and operational improvements4 7ii7 ,planning grants ,eligible project costs for activities funded with a grant under paragraph 7#c7 may include the costs of development phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 preliminary engineering and design work1 other preconstruction activities1 and other activities consistent with carrying out the purposes of that paragraph4 7,g7 ,limitations 7i7 ,in general ,an eligible entity that receives a grant under subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#d7-- 7,i7 may use not more than #dj percent of the amount of the grant for the construction of new capacity2 and 7,,ii7 may use not more than #aj percent of the amount of the grant for activities described in subparagraph 7,f77i77,i74 7ii7 ,limit on certain activities ,for each fiscal year1 not more than #be percent of the total amount provided under this subsection may be used for projects described in subparagraph 7,c77iii74 7,h7 ,distribution of grants 7i7 ,in general ,subject to the availability of funds1 an eligible entity may request and the ,secretary may distribute funds for a grant under this subsection on a multiyear basis1 as the ,secretary determines to be necessary4 7ii7 ,rural set-aside ,of the amounts made available to carry out this subsection for each fiscal year1 the ,secretary shall use not less than #be percent for grants for projects located in areas that are outside an urbanized area with a population of over #bjj1jjj4 7iii7 ,tribal set-aside ,of the amounts made available to carry out this subsection for each fiscal year1 the ,secretary shall use not less than #b percent for grants to ,indian tribes 7as defined in section #bjg7m77#a774 7iv7 ,reallocation ,for any fiscal year1 if the ,secretary determines that the amount described in clause 7ii7 or 7iii7 will not be fully utilized for the grant described in that clause1 the ,secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection4 7#f7 ,consultation ,in carrying out this subsection1 the ,secretary shall-- 7,a7 consult with the ,assistant ,secretary of the ,army for ,civil ,works1 the ,administrator of the ,environmental ,protection ,agency1 the ,secretary of the ,interior1 and the ,secretary of ,commerce2 and 7,b7 solicit technical support from the ,administrator of the ,federal ,emergency ,management ,agency4 7#g7 ,grant administration ,the ,secretary may-- 7,a7 retain not more than a total of #e percent of the funds made available to carry out this subsection and to review applications for grants under this subsection2 and 7,b7 transfer portions of the funds retained under subparagraph 7,a7 to the relevant ,administrators to fund the award and oversight of grants provided under this subsection4 7e7 ,resilience improvement plan and lower non-,federal share 7#a7 ,federal share reductions 7,a7 ,in general ,a ,state that receives funds apportioned to the ,state under section #ajd7;b77#h7 or an eligible entity that receives a grant under subsection 7d7 shall have the non-,federal share of a project carried out with the funds or grant1 as applicable1 reduced by an amount described in subparagraph 7,b7 if the ,state or eligible entity meets the applicable requirements under that subparagraph4 7,b7 ,amount of reductions 7i7 ,resilience improvement plan ,subject to clause 7iii71 the amount of the non-,federal share of the costs of a project carried out with funds apportioned to a ,state under section #ajd7;b77#h7 or a grant under subsection 7d7 shall be reduced by #g percentage points if-- 7,i7 in the case of a ,state or an eligible entity that is a ,state or a metropolitan planning organization1 the ,state or eligible entity has-- 7aa7 developed a resilience improvement plan in accordance with this subsection2 and 7bb7 prioritized the project on that resilience improvement plan2 and 7,,ii7 in the case of an eligible entity not described in subclause 7,i71 the eligible entity is located in a ,state or an area served by a metropolitan planning organization that has-- 7aa7 developed a resilience improvement plan in accordance with this subsection2 and 7bb7 prioritized the project on that resilience improvement plan4 7ii7 ,incorporation of resilience improvement plan in other planning ,subject to clause 7iii71 the amount of the non-,federal share of the cost of a project carried out with funds under subsection 7c7 or a grant under subsection 7d7 shall be reduced by #c percentage points if-- 7,i7 in the case of a ,state or an eligible entity that is a ,state or a metropolitan planning organization1 the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section #acd or the long-range statewide transportation plan under section #ace1 as applicable2 and 7,,ii7 in the case of an eligible entity not described in subclause 7,i71 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 #acd or the long-range statewide transportation plan under section #ace1 as applicable4 7iii7 ,limitations 7,i7 ,maximum reduction ,a ,state or eligible entity may not receive a reduction under this paragraph of more than #aj percentage points for any single project carried out with funds under subsection 7c7 or a grant under subsection 7d74 7,,ii7 ,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 7c7 or a grant under subsection 7d7 to an amount that is less than zero4 7#b7 ,plan contents ,a resilience improvement plan referred to in paragraph 7#a7-- 7,a7 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 organization1 as applicable2 7,b7 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 #cbb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eafe72 7,c7 shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters1 such as severe storms1 flooding1 drought1 levee and dam failures1 wildfire1 rockslides1 mudslides1 sea level rise1 extreme weather1 including extreme temperatures1 and earthquakes2 7,d7 may-- 7i7 designate evacuation routes and strategies1 including multimodal facilities1 designated with consideration for individuals without access to personal vehicles2 7ii7 plan for response to anticipated emergencies1 including plans for the mobility of-- 7,i7 emergency response personnel and equipment2 and 7,,ii7 access to emergency services1 including for vulnerable or disadvantaged populations2 7iii7 describe the resilience improvement policies1 including strategies1 land-use and zoning changes1 investments in natural infrastructure1 or performance measures that will inform the transportation investment decisions of the ,state or metropolitan planning organization with the goal of increasing resilience2 7iv7 include an investment plan that-- 7,i7 includes a list of priority projects2 and 7,,ii7 describes how funds apportioned to the ,state under section #ajd7;b77#h7 or provided by a grant under the program would be invested and matched1 which shall not be subject to fiscal constraint requirements2 and 7v7 use science and data and indicate the source of data and methodologies2 and 7,e7 shall1 as appropriate-- 7i7 include a description of how the plan will improve the ability of the ,state or metropolitan planning organization-- 7,i7 to respond promptly to the impacts of weather events and natural disasters2 and 7,,ii7 to be prepared for changing conditions1 such as sea level rise and increased flood risk2 7ii7 describe the codes1 standards1 and regulatory framework1 if any1 adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan2 7iii7 consider the benefits of combining hard surface transportation assets1 and natural infrastructure1 through coordinated efforts by the ,federal ,government and the ,states2 7iv7 assess the resilience of other community assets1 including buildings and housing1 emergency management assets1 and energy1 water1 and communication infrastructure2 7v7 use a long-term planning period2 and 7vi7 include such other information as the ,state or metropolitan planning organization considers appropriate4 7#c7 ,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 #acd or the long-range statewide transportation plan under section #ace1 as applicable1 of the metropolitan planning organization or ,state4 7f7 ,monitoring 7#a7 ,in general ,not later than #ah months after the date of enactment of this section1 the ,secretary shall-- 7,a7 establish1 for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection 7d7-- 7i7 subject to paragraph 7#b71 transportation and any other metrics as the ,secretary determines to be necessary2 and 7ii7 procedures for monitoring and evaluating projects based on those metrics2 and 7,b7 select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph 7,a74 7#b7 ,notice ,before adopting any metrics described in paragraph 7#a71 the ,secretary shall-- 7,a7 publish the proposed metrics in the ,federal ,register2 and 7,b7 provide to the public an opportunity for comment on the proposed metrics4 7g7 ,reports 7#a7 ,reports from eligible entities ,not later than #a year after the date on which a project carried out with a grant under subsection 7d7 is completed1 the eligible entity that carried out the project shall submit to the ,secretary a report on the results of the project and the use of the funds awarded4 7#b7 ,reports to ,congress 7,a7 ,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 ,representatives1 and publish on the website of the ,department of ,transportation1 an annual report that describes the implementation of the program during the preceding calendar year1 including-- 7i7 each project for which a grant was provided under subsection 7d72 7ii7 information relating to project applications received2 7iii7 the manner in which the consultation requirements were implemented under subsection 7d72 7iv7 recommendations to improve the administration of subsection 7d71 including whether assistance from additional or fewer agencies to carry out the program is appropriate2 7v7 the period required to disburse grant funds to eligible entities based on applicable ,federal coordination requirements2 and 7vi7 a list of facilities that repeatedly require repair or reconstruction due to emergency events4 7,b7 ,final report ,not later than #e years after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall submit to ,congress a report that includes the results of the reports submitted under subparagraph 7,a74 7h7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under this chapter4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code 7as amended by section #aadjc7;b771 is amended by inserting after the item relating to section #age the following3 #agf4 ,promoting ,resilient ,operations for ,transformative1 ,efficient1 and ,cost-saving ,transportation 7,,protect7 program4 4 #aadjf4 ,healthy ,streets program 7a7 ,definitions ,in this section3 7#a7 ,cool pavement ,the term cool pavement means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a ,tribal government2 and 7,e7 a nonprofit organization working in coordination with an entity described in subparagraphs 7,a7 through 7,d74 7#c7 ,low-income community ,the term low-income community means a census block group in which not less than #cj percent of the population lives below the poverty line 7as defined in section #fgc of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb774 7#d7 ,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 subsoil4 7#e7 ,program ,the term program means the ,healthy ,streets program established under subsection 7b74 7#f7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7#g7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7b7 ,establishment ,the ,secretary shall establish a discretionary grant program1 to be known as the ,healthy ,streets program1 to provide grants to eligible entities-- 7#a7 to deploy cool pavements and porous pavements2 and 7#b7 to expand tree cover4 7c7 ,goals ,the goals of the program are-- 7#a7 to mitigate urban heat islands2 7#b7 to improve air quality2 and 7#c7 to reduce-- 7,a7 the extent of impervious surfaces2 7,b7 stormwater runoff and flood risks2 and 7,c7 heat impacts to infrastructure and road users4 7d7 ,application 7#a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,requirements ,the application submitted by an eligible entity under paragraph 7#a7 shall include a description of-- 7,a7 how the eligible entity would use the grant funds2 and 7,b7 the contribution that the projects intended to be carried out with grant funds would make to improving the safety1 health outcomes1 natural environment1 and quality of life in low-income communities and disadvantaged communities4 7e7 ,use of funds ,an eligible entity that receives a grant under the program may use the grant funds for #a or more of the following activities3 7#a7 ,conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution4 7#b7 ,conducting a comprehensive tree canopy assessment1 which shall assess the current tree locations and canopy1 including-- 7,a7 an inventory of the location1 species1 condition1 and health of existing tree canopies and trees on public facilities2 and 7,b7 an identification of-- 7i7 the locations where trees need to be replaced2 7ii7 empty tree boxes or other locations where trees could be added2 and 7iii7 flood-prone locations where trees or other natural infrastructure could mitigate flooding4 7#c7 ,conducting an equity assessment by mapping tree canopy gaps1 flood-prone locations1 and urban heat island hot spots as compared to-- 7,a7 pedestrian walkways and public transportation stop locations2 7,b7 low-income communities2 and 7,c7 disadvantaged communities4 7#d7 ,planning activities1 including developing an investment plan based on the results of the assessments carried out under paragraphs 7#a71 7#b71 and 7#c74 7#e7 ,purchasing and deploying cool pavements to mitigate urban heat island hot spots4 7#f7 ,purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in-- 7,a7 pedestrian-only areas2 and 7,b7 areas of low-volume1 low-speed vehicular use4 7#g7 ,purchasing of trees1 site preparation1 planting of trees1 ongoing maintenance and monitoring of trees1 and repairing of storm damage to trees1 with priority given to-- 7,a7 to the extent practicable1 the planting of native species2 and 7,b7 projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods4 7#h7 ,assessing underground infrastructure and coordinating with local transportation and utility providers4 7#i7 ,hiring staff to conduct any of the activities described in paragraphs 7#a7 through 7#h74 7f7 ,priority ,in awarding grants to eligible entities under the program1 the ,secretary shall give priority to an eligible entity-- 7#a7 proposing to carry out an activity or project in a low-income community or a disadvantaged community2 7#b7 that has entered into a community benefits agreement with representatives of the community2 or 7#c7 that is partnering with a qualified youth or conservation corps 7as defined in section #bjc of the ,public ,lands ,corps ,act of #aiic 7#af ,u4,s4,c4 #agbb774 7g7 ,distribution requirement ,of the amounts made available to carry out the program for each fiscal year1 not less than #hj percent shall be provided for projects in urbanized areas 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code74 7h7 ,federal share 7#a7 ,in general ,except as provided under paragraph 7#b71 the ,federal share of the cost of a project carried out under the program shall be #hj percent4 7#b7 ,waiver ,the ,secretary may increase the ,federal share requirement under paragraph 7#a7 to #ajj percent for projects carried out by an eligible entity that demonstrates economic hardship1 as determined by the ,secretary4 7i7 ,maximum grant amount ,an individual grant under this section shall not exceed #ae1jjj1jjj4 7j7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 ,e ,miscellaneous #aaeja4 ,additional deposits into ,highway ,trust ,fund 7a7 ,in general ,section #aje of title #bc1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #a of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #aje4 #aaejb4 ,stopping threats on pedestrians 7a7 ,definition of bollard installation project ,in this section1 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 vehicle4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act and subject to the availability of appropriations1 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 pedestrians4 7c7 ,application ,to be eligible to receive a grant under this section1 a ,state department of transportation or local government entity shall submit to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary determines to be appropriate1 which shall include1 at a minimum-- 7#a7 a description of the proposed bollard installation project to be carried out2 7#b7 a description of the pedestrian injury or terrorism risks with respect to the proposed installation area2 and 7#c7 an analysis of how the proposed bollard installation project will mitigate those risks4 7d7 ,use of funds ,a recipient of a grant under this section may only use the grant funds for a bollard installation project4 7e7 ,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 #ajj percent4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7g7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 #aaejc4 ,transfer and sale of toll credits 7a7 ,definitions ,in this section3 7#a7 ,originating state ,the term originating ,state means a ,state that-- 7,a7 is eligible to use a credit under section #abj7;i7 of title #bc1 ,united ,states ,code2 and 7,b7 has been selected by the ,secretary under subsection 7d77#b74 7#b7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b74 7#c7 ,recipient state ,the term recipient ,state means a ,state that receives a credit by transfer or by sale under this section from an originating ,state4 7#d7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7b7 ,establishment of pilot program ,the ,secretary shall establish and implement a toll credit exchange pilot program in accordance with this section4 7c7 ,purposes ,the purposes of the pilot program are-- 7#a7 to identify the extent of the demand to purchase toll credits2 7#b7 to identify the cash price of toll credits through bilateral transactions between ,states2 7#c7 to analyze the impact of the purchase or sale of toll credits on transportation expenditures2 7#d7 to test the feasibility of expanding the pilot program to allow all ,states to participate on a permanent basis2 and 7#e7 to identify any other repercussions of the toll credit exchange4 7d7 ,selection of originating ,states 7#a7 ,application ,in order to participate in the pilot program as an originating ,state1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including1 at a minimum1 such information as is required for the ,secretary to verify-- 7,a7 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 program1 including-- 7i7 toll revenue generated and the sources of that revenue2 7ii7 toll revenue used by public1 quasi-public1 and private agencies to build1 improve1 or maintain highways1 bridges1 or tunnels that serve the public purpose of interstate commerce2 and 7iii7 an accounting of any ,federal funds used by the public1 quasi-public1 or private agency to build1 improve1 or maintain the toll facility1 to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building1 improving1 or maintaining the facility that was derived from ,federal funds2 7,b7 the documentation of maintenance of effort for toll credits earned by the originating ,state2 and 7,c7 the accuracy of the accounting system of the ,state to earn and track toll credits4 7#b7 ,selection ,of the ,states that submit an application under paragraph 7#a71 the ,secretary may select not more than #aj ,states to be designated as an originating ,state4 7#c7 ,limitation on sales ,at any time1 the ,secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program4 7e7 ,transfer or sale of credits 7#a7 ,in general ,in carrying out the pilot program1 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 #abj7;i7 of title #bc1 ,united ,states ,code4 7#b7 ,website support ,the ,secretary shall make available a publicly accessible website on which originating ,states shall post the amount of toll credits1 verified under subsection 7d77#a77;,a71 that are available for sale or transfer to a recipient ,state4 7#c7 ,bilateral transactions ,an originating ,state and a recipient ,state may enter into a bilateral transaction to sell or transfer verified toll credits4 7#d7 ,notification ,not later than #cj days after the date on which a credit is transferred or sold1 the originating ,state and the recipient ,state shall jointly submit to the ,secretary a written notification of the transfer or sale1 including details on-- 7,a7 the amount of toll credits that have been sold or transferred2 7,b7 the price paid or other value transferred in exchange for the toll credits2 7,c7 the intended use by the recipient ,state of the toll credits1 if known2 7,d7 the intended use by the originating ,state of the cash or other value transferred2 7,e7 an update on the toll credit balance of the originating ,state and the recipient ,state2 and 7,f7 any other information about the transaction that the ,secretary may require4 7#e7 ,use of credits by transferee or purchaser ,a recipient ,state may use a credit received under paragraph 7#a7 toward the non-,federal share requirement for any funds made available to carry out title #bc or chapter #ec of title #di1 ,united ,states ,code1 in accordance with section #abj7;i7 of title #bc1 ,united ,states ,code4 7#f7 ,use of proceeds from sale of credits ,an originating ,state shall use the proceeds from the sale of a credit under paragraph 7#a7 for the construction costs of any project in the originating ,state that is eligible under title #bc1 ,united ,states ,code4 7f7 ,reporting requirements 7#a7 ,initial report ,not later than #a year after the date on which the pilot program is established1 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 program4 7#b7 ,final report ,not later than #c years after the date on which the pilot program is established1 the ,secretary shall-- 7,a7 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-- 7i7 determines whether a toll credit marketplace is viable and cost-effective2 7ii7 describes the buying and selling activities under the pilot program2 7iii7 describes the average sale price of toll credits2 7iv7 determines whether the pilot program could be expanded to more ,states or all ,states or to non-,state operators of toll facilities2 7v7 provides updated information on the toll credit balance accumulated by each ,state2 and 7vi7 describes the list of projects that were assisted by the pilot program2 and 7,b7 make the report under subparagraph 7,a7 publicly available on the website of the ,department4 7g7 ,termination 7#a7 ,in general ,the ,secretary may terminate the pilot program or the participation of any ,state in the pilot program if the ,secretary determines that-- 7,a7 the pilot program is not serving a public benefit2 or 7,b7 it is not cost effective to carry out the pilot program4 7#b7 ,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 closeout1 adjustment1 and continuing responsibilities4 #aaejd4 ,study of impacts on roads from self-driving vehicles 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure1 mobility1 the environment1 and safety1 including impacts on-- 7#a7 the ,interstate ,system 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7#b7 urban roads2 7#c7 rural roads2 7#d7 corridors with heavy traffic congestion2 7#e7 transportation systems optimization2 and 7#f7 any other areas or issues relevant to operations of the ,federal ,highway ,administration that the ,secretary determines to be appropriate4 7b7 ,contents of study ,the study under subsection 7a7 shall include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing transportation system capacity4 7c7 ,considerations ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 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 7#b72 and 7#b7 for both rural and urban communities1 include a discussion of-- 7,a7 the impacts that self-driving vehicles will have on existing transportation infrastructure1 such as signage and markings1 traffic lights1 and highway capacity and design2 7,b7 the impact on commercial and private traffic flows2 7,c7 infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate self-driving vehicles2 7,d7 the impact of self-driving vehicles on the environment1 congestion1 and vehicle miles traveled2 and 7,e7 the impact of self-driving vehicles on mobility4 7d7 ,coordination ,in carrying out the study under subsection 7a71 the ,secretary shall consider and incorporate relevant current and ongoing research of the ,department4 7e7 ,consultation ,in carrying out the study under subsection 7a71 the ,secretary shall convene and consult with a panel of national experts in both rural and urban transportation1 including-- 7#a7 operators and users of the ,interstate ,system 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code71 including private sector stakeholders2 7#b7 ,states and ,state departments of transportation2 7#c7 metropolitan planning organizations2 7#d7 the motor carrier industry2 7#e7 representatives of public transportation agencies or organizations2 7#f7 highway safety and academic groups2 7#g7 nonprofit entities with experience in transportation policy2 7#h7 ,national ,laboratories 7as defined in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja772 7#i7 environmental stakeholders2 and 7#aj7 self-driving vehicle producers1 manufacturers1 and technology developers4 7f7 ,report ,not later than #a year after the date on which the study under subsection 7a7 is initiated1 the ,secretary shall submit a report on the results of the study to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 #aaeje4 ,disaster relief mobilization study 7a7 ,definition of local community ,in this section1 the term local community means-- 7#a7 a unit of local government2 7#b7 a political subdivision of a ,state or local government2 7#c7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code72 7#d7 a rural planning organization2 or 7#e7 a ,tribal government4 7b7 ,study 7#a7 ,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 communities4 7#b7 ,requirements ,the study carried out under paragraph 7#a7 shall include-- 7,a7 a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this ,act that supports active transportation1 including bicycling1 walking1 and personal mobility devices1 with a particular focus on areas in local communities that-- 7i7 have low levels of vehicle ownership2 and 7ii7 lack sufficient active transportation infrastructure routes to public transportation2 7,b7 an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders1 emergency workers1 and community organization representatives-- 7i7 during a mandatory or voluntary evacuation ordered by a ,federal1 ,state1 ,tribal1 or local government entity-- 7,i7 to notify residents of the need to evacuate2 7,,ii7 to evacuate individuals and goods2 and 7,,iii7 to reach individuals who are in need of first aid and medical assistance2 and 7ii7 after a disaster or emergency declared by a ,federal1 ,state1 ,tribal1 or local government entity-- 7,i7 to participate in search and rescue activities2 7,,ii7 to carry commodities to be used for life-saving or life-sustaining purposes1 including-- 7aa7 water2 7bb7 food2 7cc7 first aid and other medical supplies2 and 7dd7 power sources and electric supplies1 such as cell phones1 radios1 lights1 and batteries2 7,,iii7 to reach individuals who are in need of the commodities described in subclause 7,,ii72 and 7,,iv7 to assist with other disaster relief tasks1 as appropriate2 and 7,c7 a review of training programs for first responders1 emergency workers1 and community organization representatives relating to-- 7i7 competent bicycle skills1 including the use of cargo bicycles and electric bicycles1 as applicable2 7ii7 basic bicycle maintenance2 7iii7 compliance with relevant traffic safety laws2 7iv7 methods to use bicycles to carry out the activities described in clauses 7i7 and 7ii7 of subparagraph 7#b77;,b72 and 7v7 exercises conducted for the purpose of-- 7,i7 exercising the skills described in clause 7i72 and 7,,ii7 maintaining bicycles and related equipment4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 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-- 7#a7 describes the results of the study carried out under subsection 7b72 and 7#b7 provides recommendations1 if any1 relating to-- 7,a7 the methods by which to incorporate bicycles into disaster preparedness and disaster response plans of local communities2 and 7,b7 improvements to training programs described in subsection 7b77#b77;,c74 #aaejf4 ,appalachian ,regional ,commission 7a7 ,definitions ,section #adajb7;a77#a7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g7-- 7,a7 by inserting ,catawba1 after ,caldwell12 and 7,b7 by inserting ,cleveland1 after ,clay12 7#b7 in subparagraph 7,j71 by striking and ,spartanburg and inserting ,spartanburg1 and ,union2 and 7#c7 in subparagraph 7,m71 by inserting 1 of which the counties of ,brooke1 ,hancock1 ,marshall1 and ,ohio shall be considered to be located in the ,north ,central subregion after ,west ,virginia4 7b7 ,functions ,section #adcjc7;a7 of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by striking and at the end2 7#b7 in paragraph 7#aj71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#aa7 support broadband access in the ,appalachian region4 4 7c7 ,congressional notification 7#a7 ,in general ,subchapter ,,ii of chapter #adc of subtitle ,,iv of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adcbc4 ,congressional notification 7a7 ,in general ,in the case of a project described in subsection 7b71 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 #c full business days before awarding the grant or other financial assistance4 7b7 ,projects described ,a project referred to in subsection 7a7 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 #ej1jjj4 4 7#b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #adc of subtitle ,,iv of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adcbc4 ,congressional notification4 4 7d7 ,high-speed broadband deployment initiative ,section #adeji of title #dj1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,the ,appalachian ,regional ,commission may provide technical assistance1 make grants1 enter into contracts1 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 region4 2 7#b7 by redesignating subsections 7b7 through 7d7 as subsections 7c7 through 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,eligible projects and activities ,a project or activity eligible to be carried out under this section is a project or activity-- 7#a7 to conduct research1 analysis1 and training to increase broadband adoption efforts in the ,appalachian region2 or 7#b7 for the construction and deployment of broadband service-related infrastructure in the ,appalachian region4 2 7#d7 in subsection 7d7 7as so redesignated71 in the matter preceding paragraph 7#a71 by striking subsection 7b7 and inserting subsection 7c72 and 7#e7 by adding at the end the following3 7f7 ,request for data ,before making a grant for a project or activity described in subsection 7b77#b71 the ,appalachian ,regional ,commission shall request from the ,federal ,communications ,commission1 the ,national ,telecommunications and ,information ,administration1 the ,economic ,development ,administration1 and the ,department of ,agriculture data on-- 7#a7 the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure2 and 7#b7 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 program4 7g7 ,requirement ,for each fiscal year1 not less than #fe percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection 7b77#b74 4 7e7 ,appalachian regional energy hub initiative 7#a7 ,in general ,subchapter ,i of chapter #ade of subtitle ,,iv of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adeaa4 ,appalachian regional energy hub initiative 7a7 ,in general ,the ,appalachian ,regional ,commission may provide technical assistance to1 make grants to1 enter into contracts with1 or otherwise provide amounts to individuals or entities in the ,appalachian region for projects and activities-- 7#a7 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 project1 such as a project with the capacity to store and distribute more than #ajj1jjj barrels per day of hydrocarbon feedstock with a minimum gross heating value of #a1gjj ,btu per standard cubic foot2 7#b7 with the potential to significantly contribute to the economic resilience of the area in which the project is located2 and 7#c7 that will help establish a regional energy hub in the ,appalachian region for natural gas and natural gas liquids1 including hydrogen produced from the steam methane reforming of natural gas feedstocks4 7b7 ,limitation on available amounts ,of the cost of any project or activity eligible for a grant under this section-- 7#a7 except as provided in paragraphs 7#b7 and 7#c71 not more than #ej percent may be provided from amounts made available to carry out this section2 7#b7 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 #adebf1 not more than #hj percent may be provided from amounts made available to carry out this section2 and 7#c7 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 #adebf1 not more than #gj percent may be provided from amounts made available to carry out this section4 7c7 ,sources of assistance ,subject to subsection 7b71 a grant provided under this section may be provided from amounts made available to carry out this section1 in combination with amounts made available-- 7#a7 under any other ,federal program2 or 7#b7 from any other source4 7d7 ,federal share ,notwithstanding any provision of law limiting the ,federal share under any other ,federal program1 amounts made available to carry out this section may be used to increase that ,federal share1 as the ,appalachian ,regional ,commission determines to be appropriate4 4 7#b7 ,clerical amendment ,the analysis for subchapter ,i of chapter #ade of title #dj1 ,united ,states ,code1 is amended by adding at the end the following3 #adeaa4 ,appalachian regional energy hub initiative4 4 7f7 ,authorization of appropriations ,section #adgjc of title #dj1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#d71 by striking and at the end2 7,b7 in paragraph 7#e71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#f7 #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 2 7#b7 in subsection 7c71 by striking #aj1jjj1jjj may be used to carry out section #adeji for each of fiscal years #bjaf through #bjba and inserting #bj1jjj1jjj may be used to carry out section #adeji for each of fiscal years #bjbb through #bjbf2 7#c7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#d7 by inserting after subsection 7c7 the following3 7d7 ,appalachian regional energy hub initiative ,of the amounts made available under subsection 7a71 #e1jjj1jjj shall be used to carry out section #adeaa for each of fiscal years #bjbb through #bjbf4 4 7g7 ,termination ,section #adgjd of title #dj1 ,united ,states ,code1 is amended by striking #bjba and inserting #bjbf4 #aaejg4 ,denali ,commission 7a7 ,denali access system program ,notwithstanding subsection 7j7 of section #cji of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg71 there is authorized to be appropriated #bj1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out that section4 7b7 ,transfers of funds ,section #caa7;c7 of the ,denali ,commission ,act of #aiih 7#db ,u4,s4,c4 #caba note2 ,public ,law #aje-bgg7 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 notwithstanding any other provision of law1 shall-- 7,a7 be treated as if directly appropriated to the ,commission and subject to applicable provisions of this ,act2 and 7,b7 not be subject to any requirements that applied to the funds before the transfer1 including a requirement in an appropriations ,act or a requirement or regulation of the ,federal agency from which the funds are transferred4 4 #aaejh4 ,requirements for transportation projects carried out through public-private partnerships 7a7 ,definitions ,in this section3 7#a7 ,project ,the term project means a project 7as defined in section #aja of title #bc1 ,united ,states ,code7 that-- 7,a7 is carried out1 in whole or in part1 using ,federal financial assistance2 and 7,b7 has an estimated total cost of #ajj1jjj1jjj or more4 7#b7 ,public-private partnership ,the term public-private partnership means an agreement between a public agency and a private entity to finance1 build1 and maintain or operate a project4 7b7 ,requirements for projects carried out through public-private partnerships ,with respect to a public-private partnership1 as a condition of receiving ,federal financial assistance for a project1 the ,secretary shall require the public partner1 not later than #c years after the date of opening of the project to traffic-- 7#a7 to conduct a review of the project1 including a review of the compliance of the private partner with the terms of the public-private partnership agreement2 7#b7 7,a7 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 project2 or 7,b7 to notify the ,secretary that the private partner of the public-private partnership has not met #a or more of the terms of the public-private partnership agreement for the project1 including a brief description of each violation of the public-private partnership agreement2 and 7#c7 to make publicly available the certification or notification1 as applicable1 under paragraph 7#b7 in a form that does not disclose any proprietary or confidential business information4 7c7 ,notification ,if the ,secretary provides ,federal financial assistance to a project carried out through a public-private partnership1 not later than #cj days after the date on which the ,federal financial assistance is first obligated1 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 project4 7d7 ,value for money analysis 7#a7 ,project approval and oversight ,section #ajf7;h77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,c7 by inserting after subparagraph 7,c7 the following3 7,d7 for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement1 shall include a detailed value for money analysis or similar comparative analysis for the project2 and 4 7#b7 ,surface transportation block grant program ,paragraph 7#ba7 of section #acc7;b7 of title #bc1 ,united ,states ,code 7as redesignated by section #aaji7;a77#a77;,c771 is amended by inserting 1 including conducting value for money analyses or similar comparative analyses1 after oversight4 7#c7 ,,tifia ,section #fjb7;a7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#aa7 ,public-private partnerships ,in the case of a project to be carried out through a public-private partnership1 the public partner shall have-- 7,a7 conducted a value for money analysis or similar comparative analysis2 and 7,b7 determined the appropriateness of the public-private partnership agreement4 4 7e7 ,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 ,act4 #aaeji4 ,reconnecting communities pilot program 7a7 ,definition of eligible facility 7#a7 ,in general ,in this section1 the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity1 including barriers to mobility1 access1 or economic development1 due to high speeds1 grade separations1 or other design factors4 7#b7 ,inclusions ,in this section1 the term eligible facility may include-- 7,a7 a limited access highway2 7,b7 a viaduct2 and 7,c7 any other principal arterial facility4 7b7 ,establishment ,the ,secretary shall establish a pilot program through which an eligible entity may apply for funding1 in order to restore community connectivity-- 7#a7 to study the feasibility and impacts of removing1 retrofitting1 or mitigating an existing eligible facility2 7#b7 to conduct planning activities necessary to design a project to remove1 retrofit1 or mitigate an existing eligible facility2 and 7#c7 to conduct construction activities necessary to carry out a project to remove1 retrofit1 or mitigate an existing eligible facility4 7c7 ,planning grants 7#a7 ,eligible entities ,the ,secretary may award a grant 7referred to in this section as a planning grant7 to carry out planning activities described in paragraph 7#b7 to-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a metropolitan planning organization2 and 7,e7 a nonprofit organization4 7#b7 ,eligible activities described ,the planning activities referred to in paragraph 7#a7 are-- 7,a7 planning studies to evaluate the feasibility of removing1 retrofitting1 or mitigating an existing eligible facility to restore community connectivity1 including evaluations of-- 7i7 current traffic patterns on the eligible facility proposed for removal1 retrofit1 or mitigation and the surrounding street network2 7ii7 the capacity of existing transportation networks to maintain mobility needs2 7iii7 an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility1 including an analysis of whether the available right-of-way would suffice to create an alternative roadway design2 7iv7 the effect of the removal1 retrofit1 or mitigation of the eligible facility on the mobility of freight and people2 7v7 the effect of the removal1 retrofit1 or mitigation of the eligible facility on the safety of the traveling public2 7vi7 the cost to remove1 retrofit1 or mitigate the eligible facility-- 7,i7 to restore community connectivity2 and 7,,ii7 to convert the eligible facility to a different roadway design or use1 compared to any expected costs for necessary maintenance or reconstruction of the eligible facility2 7vii7 the anticipated economic impact of removing1 retrofitting1 or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing1 retrofitting1 or mitigating and converting the eligible facility2 and 7viii7 the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design2 7,b7 public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility2 and 7,c7 other transportation planning activities required in advance of a project to remove1 retrofit1 or mitigate an existing eligible facility to restore community connectivity1 as determined by the ,secretary4 7#c7 ,technical assistance program 7,a7 ,in general ,the ,secretary may provide technical assistance described in subparagraph 7,b7 to an eligible entity4 7,b7 ,technical assistance described ,the technical assistance referred to in subparagraph 7,a7 is technical assistance in building organizational or community capacity-- 7i7 to engage in transportation planning2 and 7ii7 to identify innovative solutions to infrastructure challenges1 including reconnecting communities that-- 7,i7 are bifurcated by eligible facilities2 or 7,,ii7 lack safe1 reliable1 and affordable transportation choices4 7,c7 ,priorities ,in selecting recipients of technical assistance under subparagraph 7,a71 the ,secretary shall give priority to an application from a community that is economically disadvantaged4 7#d7 ,selection ,the ,secretary shall-- 7,a7 solicit applications for-- 7i7 planning grants2 and 7ii7 technical assistance under paragraph 7#c72 and 7,b7 evaluate applications for a planning grant on the basis of the demonstration by the applicant that-- 7i7 the eligible facility is aged and is likely to need replacement or significant reconstruction within the #bj-year period beginning on the date of the submission of the application2 7ii7 the eligible facility-- 7,i7 creates barriers to mobility1 access1 or economic development2 or 7,,ii7 is not justified by current and forecast future travel demand2 and 7iii7 on the basis of preliminary investigations into the feasibility of removing1 retrofitting1 or mitigating the eligible facility to restore community connectivity1 further investigation is necessary and likely to be productive4 7#e7 ,award amounts ,a planning grant may not exceed #b1jjj1jjj per recipient4 7#f7 ,federal share ,the total ,federal share of the cost of a planning activity for which a planning grant is used shall not exceed #hj percent4 7d7 ,capital construction grants 7#a7 ,eligible entities ,the ,secretary may award a grant 7referred to in this section as a capital construction grant7 to the owner of an eligible facility to carry out an eligible project described in paragraph 7#c7 for which all necessary feasibility studies and other planning activities have been completed4 7#b7 ,partnerships ,an owner of an eligible facility may1 for the purposes of submitting an application for a capital construction grant1 if applicable1 partner with-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a ,tribal government2 7,d7 a metropolitan planning organization2 or 7,e7 a nonprofit organization4 7#c7 ,eligible projects ,a project eligible to be carried out with a capital construction grant includes-- 7,a7 the removal1 retrofit1 or mitigation of an eligible facility2 and 7,b7 the replacement of an eligible facility with a new facility that-- 7i7 restores community connectivity2 and 7ii7 is-- 7,i7 sensitive to the context of the surrounding community2 and 7,,ii7 otherwise eligible for funding under title #bc1 ,united ,states ,code4 7#d7 ,selection ,the ,secretary shall-- 7,a7 solicit applications for capital construction grants2 and 7,b7 evaluate applications on the basis of-- 7i7 the degree to which the project will improve mobility and access through the removal of barriers2 7ii7 the appropriateness of removing1 retrofitting1 or mitigating the eligible facility1 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 access2 7iii7 the impact of the project on freight movement2 7iv7 the results of a cost-benefit analysis of the project2 7v7 the opportunities for inclusive economic development2 7vi7 the degree to which the eligible facility is out of context with the current or planned land use2 7vii7 the results of any feasibility study completed for the project2 and 7viii7 the plan of the applicant for-- 7,i7 employing residents in the area impacted by the project through targeted hiring programs1 in partnership with registered apprenticeship programs1 if applicable2 and 7,,ii7 contracting and subcontracting with disadvantaged business enterprises4 7#e7 ,minimum award amounts ,a capital construction grant shall be in an amount not less than #e1jjj1jjj per recipient4 7#f7 ,federal share 7,a7 ,in general ,subject to subparagraph 7,b71 a capital construction grant may not exceed #ej percent of the total cost of the project for which the grant is awarded4 7,b7 ,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 awarded1 except that the total ,federal assistance provided for a project for which the grant is awarded may not exceed #hj percent of the total cost of the project4 7#g7 ,community advisory board 7,a7 ,in general ,to help achieve inclusive economic development benefits with respect to the project for which a grant is awarded1 a grant recipient may form a community advisory board1 which shall-- 7i7 facilitate community engagement with respect to the project2 and 7ii7 track progress with respect to commitments of the grant recipient to inclusive employment1 contracting1 and economic development under the project4 7,b7 ,membership ,if a grant recipient forms a community advisory board under subparagraph 7,a71 the community advisory board shall be composed of representatives of-- 7i7 the community2 7ii7 owners of businesses that serve the community2 7iii7 labor organizations that represent workers that serve the community2 and 7iv7 ,state and local government4 7e7 ,reports 7#a7 ,,usdot report on program ,not later than ,january #a1 #bjbf1 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 section1 including-- 7,a7 information about the level of applicant interest in planning grants1 technical assistance under subsection 7c77#c71 and capital construction grants1 including the extent to which overall demand exceeded available funds2 and 7,b7 for recipients of capital construction grants1 the outcomes and impacts of the highway removal project1 including-- 7i7 any changes in the overall level of mobility1 congestion1 access1 and safety in the project area2 and 7ii7 environmental impacts and economic development opportunities in the project area4 7#b7 ,,gao report on highway removals ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall issue a report that-- 7,a7 identifies examples of projects to remove highways using ,federal highway funds2 7,b7 evaluates the effect of highway removal projects on the surrounding area1 including impacts to the local economy1 congestion effects1 safety outcomes1 and impacts on the movement of freight and people2 7,c7 evaluates the existing ,federal-aid program eligibility under title #bc1 ,united ,states ,code1 for highway removal projects2 7,d7 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 highway2 and 7,e7 provides recommendations for integrating those assessments into transportation planning and decision-making processes4 7f7 ,technical assistance ,of the funds made available to carry out this section for planning grants1 the ,secretary may use not more than #ae1jjj1jjj during the period of fiscal years #bjbb through #bjbf to provide technical assistance under subsection 7c77#c74 7g7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 #aaeaj4 ,cybersecurity tool2 cyber coordinator 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,cyber incident ,the term cyber incident has the meaning given the term incident in section #ceeb of title #dd1 ,united ,states ,code4 7#c7 ,transportation authority ,the term transportation authority means-- 7,a7 a public authority 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,b7 an owner or operator of a highway 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,c7 a manufacturer that manufactures a product related to transportation2 and 7,d7 a division office of the ,federal ,highway ,administration4 7b7 ,cybersecurity tool 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall develop a tool to assist transportation authorities in identifying1 detecting1 protecting against1 responding to1 and recovering from cyber incidents4 7#b7 ,requirements ,in developing the tool under paragraph 7#a71 the ,administrator shall-- 7,a7 use the cybersecurity framework established by the ,national ,institute of ,standards and ,technology and required by ,executive ,order #acfcf of ,february #ab1 #bjac 7#gh ,fed4 ,reg4 #aagci2 relating to improving critical infrastructure cybersecurity72 7,b7 establish a structured cybersecurity assessment and development program2 7,c7 coordinate with the ,transportation ,security ,administration and the ,cybersecurity and ,infrastructure ,security ,agency2 7,d7 consult with appropriate transportation authorities1 operating agencies1 industry stakeholders1 and cybersecurity experts2 and 7,e7 provide for a period of public comment and review on the tool4 7c7 ,designation of cyber coordinator 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall designate an office as a cyber coordinator1 which shall be responsible for monitoring1 alerting1 and advising transportation authorities of cyber incidents4 7#b7 ,requirements ,the office designated under paragraph 7#a7 shall1 in coordination with the ,transportation ,security ,administration and the ,cybersecurity and ,infrastructure ,security ,agency-- 7,a7 provide to transportation authorities a secure method of notifying the ,federal ,highway ,administration of cyber incidents2 7,b7 share the information collected under subparagraph 7,a7 with the ,transportation ,security ,administration and the ,cybersecurity and ,infrastructure ,security ,agency2 7,c7 monitor cyber incidents that affect transportation authorities2 7,d7 alert transportation authorities to cyber incidents that affect those transportation authorities2 7,e7 investigate unaddressed cyber incidents that affect transportation authorities2 and 7,f7 provide to transportation authorities educational resources1 outreach1 and awareness on fundamental principles and best practices in cybersecurity for transportation systems4 #aaeaa4 ,report on emerging alternative fuel vehicles and infrastructure 7a7 ,definitions ,in this section3 7#a7 ,emerging alternative fuel vehicle ,the term emerging alternative fuel vehicle means a vehicle fueled by hydrogen1 natural gas1 or propane4 7#b7 ,emerging alternative fueling infrastructure ,the term emerging alternative fueling infrastructure means infrastructure for fueling an emerging alternative fuel vehicle4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 to help guide future investments for emerging alternative fueling infrastructure1 the ,secretary shall submit to ,congress and make publicly available a report that-- 7#a7 includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the #e-year period beginning on the date of submission of the report2 7#b7 identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the #e-year period beginning on the date of submission of the report2 7#c7 identifies specific areas1 such as a lack of pipeline infrastructure1 that may impede deployment and adoption of emerging alternative fuel vehicles2 7#d7 includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure2 7#e7 estimates the future need for emerging alternative fueling infrastructure to support the adoption and use of emerging alternative fuel vehicles2 and 7#f7 includes a tool to allow ,states to compare and evaluate different adoption and use scenarios for emerging alternative fuel vehicles1 with the ability to adjust factors to account for regionally specific characteristics4 #aaeab4 ,nonhighway recreational fuel study 7a7 ,definitions ,in this section3 7#a7 ,highway ,trust ,fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established by section #iejc7;a7 of the ,internal ,revenue ,code of #aihf4 7#b7 ,nonhighway recreational fuel taxes ,the term nonhighway recreational fuel taxes means taxes under section #djda and #djha of the ,internal ,revenue ,code of #aihf with respect to fuel used in vehicles on recreational trails or back country terrain 7including vehicles registered for highway use when used on recreational trails1 trail access roads not eligible for funding under title #bc1 ,united ,states ,code1 or back country terrain74 7#c7 ,recreational trails program ,the term recreational trails program means the recreational trails program under section #bjf of title #bc1 ,united ,states ,code4 7b7 ,assessment2 report 7#a7 ,assessment ,not later than #a year after the date of enactment of this ,act and not less frequently than once every #e years thereafter1 as determined by the ,secretary1 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 assessment4 7#b7 ,report ,after carrying out each assessment under paragraph 7#a71 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-- 7,a7 to assist ,congress in determining an appropriate funding level for the recreational trails program-- 7i7 a description of the results of the assessment2 and 7ii7 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 ,fund2 and 7,b7 in the case of the first report submitted under this paragraph1 an estimate of the frequency with which the ,secretary anticipates carrying out the assessment under paragraph 7#a71 subject to the condition that such an assessment shall be carried out not less frequently than once every #e years4 7c7 ,consultation ,in carrying out an assessment under subsection 7b77#a71 the ,secretary may consult with1 as the ,secretary determines to be appropriate-- 7#a7 the heads of-- 7,a7 ,state agencies designated by ,governors pursuant to section #bjf7;c77#a7 of title #bc1 ,united ,states ,code1 to administer the recreational trails program2 and 7,b7 division offices of the ,department2 7#b7 the ,secretary of the ,treasury2 7#c7 the ,administrator of the ,federal ,highway ,administration2 and 7#d7 groups representing recreational activities and interests1 including hiking1 biking and mountain biking1 horseback riding1 water trails1 snowshoeing1 cross-country skiing1 snowmobiling1 off-highway motorcycling1 all-terrain vehicles and other offroad motorized vehicle activities1 and recreational trail advocates4 #aaeac4 ,buy ,america ,section #cac of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7g7 as subsection 7h72 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,waivers 7#a7 ,in general ,not less than #ae days before issuing a waiver under this section1 the ,secretary shall provide to the public-- 7,a7 notice of the proposed waiver2 7,b7 an opportunity for comment on the proposed waiver2 and 7,c7 the reasons for the proposed waiver4 7#b7 ,report ,not less frequently than annually1 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 section4 4 #aaead4 ,high priority corridors on the ,national ,highway ,system 7a7 ,high priority corridors ,section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb2 #acc ,stat4 #cjah7 is amended-- 7#a7 by striking paragraph 7#hd7 and inserting the following3 7#hd7 ,the ,central ,texas ,corridor1 including the route-- 7,a7 commencing in the vicinity of ,texas ,highway #cch in ,odessa1 ,texas1 running eastward generally following ,interstate ,route #bj1 connecting to ,texas ,highway #aeh in the vicinity of ,midland1 ,texas1 then following ,texas ,highway #aeh eastward to ,united ,states ,route #hg and then following ,united ,states ,route #hg southeastward1 passing in the vicinity of ,san ,angelo1 ,texas1 and connecting to ,united ,states ,route #aij in the vicinity of ,brady1 ,texas2 7,b7 commencing at the intersection of ,interstate ,route #aj and ,united ,states ,route #aij in ,pecos ,county1 ,texas1 and following ,united ,states ,route #aij to ,brady1 ,texas2 7,c7 following portions of ,united ,states ,route #aij eastward1 passing in the vicinity of ,fort ,hood1 ,killeen1 ,belton1 ,temple1 ,bryan1 ,college ,station1 ,huntsville1 ,livingston1 ,woodville1 and ,jasper1 to the logical terminus of ,texas ,highway #fc at the ,sabine ,river ,bridge at ,burrs ,crossing and including a loop generally encircling ,bryan_/,college ,station1 ,texas2 7,d7 following ,united ,states ,route #hc southward from the vicinity of ,eden1 ,texas1 to a logical connection to ,interstate ,route #aj at ,junction1 ,texas2 7,e7 following ,united ,states ,route #fi from ,interstate ,route #aj in ,beaumont1 ,texas1 north to ,united ,states ,route #aij in the vicinity of ,woodville1 ,texas2 7,f7 following ,united ,states ,route #if from ,interstate ,route #aj in ,beaumont1 ,texas1 north to ,united ,states ,route #aij in the vicinity of ,jasper1 ,texas2 and 7,g7 following ,united ,states ,route #aij1 ,state ,highway #cje1 and ,united ,states ,route #che from ,interstate ,route #aj in ,pecos ,county1 ,texas1 to ,interstate #bj at ,odessa1 ,texas4 2 and 7#b7 by adding at the end the following3 7#ib7 ,united ,states ,route #dba from the interchange with ,interstate ,route #he in ,greensboro1 ,north ,carolina1 to the interchange with ,interstate ,route #ie in ,dunn1 ,north ,carolina4 7#ic7 ,the ,south ,mississippi ,corridor from the ,louisiana and ,mississippi border near ,natchez1 ,mississippi1 to ,gulfport1 ,mississippi1 shall generally follow-- 7,a7 ,united ,states ,route #hd from the ,louisiana border at the ,mississippi ,river passing in the vicinity of ,natchez1 ,brookhaven1 ,monticello1 ,prentiss1 and ,collins1 ,mississippi1 to the logical terminus with ,interstate ,route #ei in the vicinity of ,laurel1 ,mississippi1 and continuing on ,interstate ,route #ei south to the vicinity of ,hattiesburg1 ,mississippi2 and 7,b7 ,united ,states ,route #di from the vicinity of ,hattiesburg1 ,mississippi1 south to ,interstate ,route #aj in the vicinity of ,gulfport1 ,mississippi1 following ,mississippi ,route #fja south and terminating near the ,mississippi ,state ,port at ,gulfport4 7#id7 ,the ,kosciusko to ,gulf ,coast corridor commencing at the logical terminus of ,interstate ,route #ee near ,vaiden1 ,mississippi1 running south and passing east of the vicinity of the ,jackson ,urbanized ,area1 connecting to ,united ,states ,route #di north of ,hattiesburg1 ,mississippi1 and generally following ,united ,states ,route #di to a logical connection with ,interstate ,route #aj in the vicinity of ,gulfport1 ,mississippi4 7#ie7 ,the ,interstate ,route #bb spur from the vicinity of ,tupelo1 ,mississippi1 running south generally along ,united ,states ,route #de to the vicinity of ,shannon1 ,mississippi4 7#if7 ,the route that generally follows ,united ,states ,route #dab from its intersection with ,interstate ,route #ce in ,noble ,county1 ,oklahoma1 passing through ,tulsa1 ,oklahoma1 to its intersection with ,interstate ,route #di in ,springdale1 ,arkansas4 7#ig7 ,the ,louie ,b4 ,nunn ,cumberland ,expressway from the interchange with ,interstate ,route #fe in ,barren ,county1 ,kentucky1 east to the interchange with ,united ,states ,highway #bg in ,somerset1 ,kentucky4 7#ih7 ,the route that generally follows ,state ,route #g from ,grenada1 ,mississippi1 to ,holly ,springs1 ,mississippi1 passing in the vicinity of ,coffeeville1 ,water ,valley1 ,oxford1 and ,abbeville1 ,mississippi1 to its logical connection with ,interstate ,route #bb in the vicinity of ,holly ,springs1 ,mississippi4 7#ii7 ,the ,central ,louisiana ,corridor commencing at the logical terminus of ,louisiana ,highway #h at the ,sabine ,river ,bridge at ,burrs ,crossing and generally following portions of ,louisiana ,highway #h to ,leesville1 ,louisiana1 and then eastward on ,louisiana ,highway #bh1 passing in the vicinity of ,alexandria1 ,pineville1 ,walters1 and ,archie1 to the logical terminus of ,united ,states ,route #hd at the ,mississippi ,river ,bridge at ,vidalia1 ,louisiana4 7#ajj7 ,the ,central ,mississippi ,corridor1 including the route-- 7,a7 commencing at the logical terminus of ,united ,states ,route #hd at the ,mississippi ,river and then generally following portions of ,united ,states ,route #hd passing in the vicinity of ,natchez1 ,brookhaven1 ,monticello1 ,prentiss1 and ,collins1 to ,interstate ,route #ei in the vicinity of ,laurel1 ,mississippi1 and continuing on ,interstate ,route #ei north to ,interstate ,route #bj and on ,interstate ,route #bj to the ,mississippi-,alabama ,state border2 and 7,b7 commencing in the vicinity of ,laurel1 ,mississippi1 running south on ,interstate ,route #ei to ,united ,states ,route #ih in the vicinity of ,hattiesburg1 connecting to ,united ,states ,route #di south then following ,united ,states ,route #di south to ,interstate ,route #aj in the vicinity of ,gulfport and following ,mississippi ,route #fja southerly terminating near the ,mississippi ,state ,port at ,gulfport4 7#aja7 ,the ,middle ,alabama ,corridor including the route-- 7,a7 beginning at the ,alabama-,mississippi border generally following portions of ,i-#bj until following a new interstate extension paralleling ,united ,states ,highway #hj1 specifically-- 7,b7 crossing ,alabama ,route #bh near ,coatopa1 ,alabama1 traveling eastward crossing ,united ,states ,highway #dc and ,alabama ,route #fi near ,selma1 ,alabama1 traveling eastwards closely paralleling ,united ,states ,highway #hj to the south crossing over ,alabama ,routes #bb1 #da1 and #ba1 until its intersection with ,i-#fe near ,hope ,hull1 ,alabama2 7,c7 continuing east along the proposed ,montgomery ,outer ,loop south of ,montgomery1 ,alabama where it would next join with ,i-#he east of ,montgomery1 ,alabama2 7,d7 continuing along ,i-#he east bound until its intersection with ,united ,states ,highway #bhj near ,opelika1 ,alabama or ,united ,states ,highway #hj near ,tuskegee1 ,alabama2 7,e7 generally following the most expedient route until intersecting with existing ,united ,states ,highway #hj 7,,jr ,allen ,parkway7 through ,phenix ,city until continuing into ,columbus1 ,georgia4 7#ajb7 ,the ,middle ,georgia ,corridor including the route-- 7,a7 beginning at the ,alabama-,georgia ,border generally following the ,fall ,line ,freeway from ,columbus1 ,georgia to ,augusta1 ,georgia1 specifically-- 7,b7 travelling along ,united ,states ,route #hj 7,,jr ,allen ,parkway7 through ,columbus1 ,georgia and near ,fort ,benning1 ,georgia1 east to ,talbot ,county1 ,georgia where it would follow ,georgia ,route #if1 then commencing on ,georgia ,route #di;,c 7,fort ,valley ,bypass7 to ,georgia ,route #di 7,peach ,parkway7 to its intersection with ,interstate ,route #ge in ,byron1 ,georgia2 7,c7 continuing north along ,interstate ,route #ge through ,warner ,robins and ,macon1 ,georgia where it would meet ,interstate ,route #af1 then following ,interstate ,route #af east it would next join ,united ,states ,route #hj and then onto ,state ,route #eg2 7,d7 commencing with ,state ,route #eg which turns into ,state ,route #bd near ,milledgeville1 ,georgia would then bypass ,wrens1 ,georgia with a newly constructed bypass1 and after the bypass it would join ,united ,states ,route #a near ,fort ,gordon into ,augusta1 ,georgia where it will terminate at ,interstate ,route #ebj4 4 7b7 ,designation as future interstates ,section #aaje7;e77#e77;,a7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aji ,stat4 #eig2 #acc ,stat4 #cjah7 is amended in the first sentence-- 7#a7 by inserting subsection 7c77#hd71 after subsection 7c77#hc712 and 7#b7 by striking and subsection 7c77#ia7 and inserting subsection 7c77#ia71 subsection 7c77#ib71 subsection 7c77#ic77;,a71 subsection 7c77#id71 subsection 7c77#ie71 subsection 7c77#if71 subsection 7c77#ig71 subsection 7c77#ii71 subsection 7c77#ajj71 subsection 7c77#aja71 and subsection 7c77#ajb74 7c7 ,numbering of parkway ,section #aaje7;e77#e77;,c77i7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aji ,stat4 #eih2 #acc ,stat4 #cjah7 is amended-- 7#a7 by striking the fifteenth sentence and inserting the following3 ,the route referred to in subsection 7c77#hd77;,a7 is designated as ,interstate ,route ,i-#ad ,north4 ,the route referred to in subsection 7c77#hd77;,b7 is designated as ,interstate ,route ,i-#ad ,south4 ,the ,bryan_/,college ,station1 ,texas loop referred to in subsection 7c77#hd77;,c7 is designated as ,interstate ,route ,i-#bad42 and 7#b7 by adding at the end the following3 ,the route referred to in subsection 7c77#ig7 is designated as ,interstate ,route ,i-#cfe4 ,the routes referred to in subsections 7c77#hd77;,c71 7c77#ii71 7c77#ajj71 7c77#aja71 and 7c77#ajb7 are designated as ,interstate ,route ,i-#ad4 ,the routes referred to in subparagraphs 7,d71 7,e71 7,f71 and 7,g7 of subsection 7c77#hd7 and subparagraph 7,b7 of subsection 7c77#ajj7 shall each be given separate ,interstate route numbers44 7d7 ,,gao report on designation of segments as part of ,interstate ,system 7#a7 ,definition of applicable segment ,in this subsection1 the term applicable segment means the route described in paragraph 7#ib7 of section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb74 7#b7 ,report 7,a7 ,in general ,not later than #b years after the date on which the applicable segment is open for operations as part of the ,interstate ,system1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report on the impact1 if any1 during that #b-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the ,interstate ,system4 7,b7 ,requirements ,the report under subparagraph 7,a7 shall-- 7i7 be informed by the views and documentation provided by the ,state highway agency 7or equivalent agency7 in the ,state in which the applicable segment is located2 7ii7 describe any impacts on safety and infrastructure on the applicable segment2 7iii7 describe any view of the ,state highway agency 7or equivalent agency7 in the ,state in which the applicable segment is located on the impact of the applicable segment2 and 7iv7 focus only on the applicable segment4 #aaeae4 ,interstate weight limits ,section #abg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7l77#c77;,a7-- 7,a7 in the matter preceding clause 7i71 in the first sentence1 by striking clauses 7i7 through 7iv7 of this subparagraph and inserting clauses 7i7 through 7v72 and 7,b7 by adding at the end the following3 7v7 ,the ,louie ,b4 ,nunn ,cumberland ,expressway 7to be designated as a spur of ,interstate ,route #fe7 from the interchange with ,interstate ,route #fe in ,barren ,county1 ,kentucky1 east to the interchange with ,united ,states ,highway #bg in ,somerset1 ,kentucky4 2 and 7#b7 by adding at the end the following3 7v7 ,operation of vehicles on certain ,north ,carolina highways ,if any segment in the ,state of ,north ,carolina of ,united ,states ,route #ag1 ,united ,states ,route #bi1 ,united ,states ,route #eb1 ,united ,states ,route #fd1 ,united ,states ,route #gj1 ,united ,states ,route #gd1 ,united ,states ,route #aag1 ,united ,states ,route #bbj1 ,united ,states ,route #bfd1 or ,united ,states ,route #dba is designated as a route on the ,interstate ,system1 a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment1 without regard to any requirement under subsection 7a74 7w7 ,operation of vehicles on certain ,oklahoma highways ,if any segment of the highway referred to in paragraph 7#if7 of section #aaje7;c7 of the ,intermodal ,surface ,transportation ,efficiency ,act of #aiia 7,public ,law #ajb-bdj2 #aje ,stat4 #bjcb7 is designated as a route on the ,interstate ,system1 a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment1 without any regard to any requirement under this section4 4 #aaeaf4 ,report on air quality improvements 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report that evaluates the congestion mitigation and air quality improvement program under section #adi of title #bc1 ,united ,states ,code 7referred to in this section as the program71 to-- 7#a7 the ,committee on ,environment and ,public ,works of the ,senate2 and 7#b7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7b7 ,contents ,the evaluation under subsection 7a7 shall include an evaluation of-- 7#a7 the reductions of ozone1 carbon monoxide1 and particulate matter that result from projects under the program2 7#b7 the cost-effectiveness of the reductions described in paragraph 7#a72 7#c7 the result of investments of funding under the program in minority and low-income communities that are disproportionately affected by ozone1 carbon monoxide1 and particulate matter2 7#d7 the effectiveness1 with respect to the attainment or maintenance of national ambient air quality standards under section #aji of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdji7 for ozone1 carbon monoxide1 and particulate matter1 of performance measures established under section #aej7;c77#e7 of title #bc1 ,united ,states ,code1 and performance targets established under subsection 7d7 of that section for traffic congestion and on-road mobile source emissions2 7#e7 the extent to which there are any types of projects that are not eligible funding under the program that would be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in paragraph 7#d72 and 7#f7 the extent to which projects under the program reduce sulfur dioxide1 nitrogen dioxide1 and lead4 #aaeag4 ,roadside highway safety hardware 7a7 ,in general ,to the maximum extent practicable1 the ,secretary shall develop a process for third party verification of full-scale crash testing results from crash test labs1 including a method for formally verifying the testing outcomes and providing for an independent pass_/fail determination4 ,in establishing such a process1 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 employee4 7b7 ,continued issuance of eligibility letters ,until the implementation of the process described in subsection 7a7 is complete1 the ,secretary may1 and is encouraged to1 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 ,states4 7c7 ,report to congress 7#a7 ,in general ,if the ,secretary seeks to discontinue issuing the letters described in subsection 7b71 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 #a year before discontinuing the letters4 7#b7 ,inclusions ,the report described in paragraph 7#a7 shall include a summary of the third-party verification process described in subsection 7a7 that will replace the ,federal ,highway ,administration issuance of eligibility letters and any other relevant information that the ,secretary deems necessary4 #aaeah4 ,permeable pavements study 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall carry out a study-- 7#a7 to gather existing information on the effects of permeable pavements on flood control in different contexts1 including in urban areas1 and over the lifetime of the permeable pavement2 7#b7 to perform research to fill gaps in the existing information gathered under paragraph 7#a72 and 7#c7 to develop-- 7,a7 models for the performance of permeable pavements in flood control2 and 7,b7 best practices for designing permeable pavement to meet flood control requirements4 7b7 ,data survey ,in carrying out the study under subsection 7a71 the ,secretary shall develop-- 7#a7 a summary1 based on available literature and models1 of localized flood control capabilities of permeable pavement that considers long-term performance and cost information2 and 7#b7 best practices for the design of localized flood control using permeable pavement that considers long-term performance and cost information4 7c7 ,publication ,the ,secretary shall make a report describing the results of the study under subsection 7a7 publicly available4 #aaeai4 ,emergency relief projects 7a7 ,definition of emergency relief project ,in this section1 the term emergency relief project means a project carried out under the emergency relief program under section #abe of title #bc1 ,united ,states ,code4 7b7 ,improving the emergency relief program ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 revise the emergency relief manual of the ,federal ,highway ,administration-- 7,a7 to include and reflect the definition of the term resilience 7as defined in section #aja7;a7 of title #bc1 ,united ,states ,code72 7,b7 to identify procedures that ,states may use to incorporate resilience into emergency relief projects2 and 7,c7 to encourage the use of ,complete ,streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster2 7#b7 develop best practices for improving the use of resilience in-- 7,a7 the emergency relief program under section #abe of title #bc1 ,united ,states ,code2 and 7,b7 emergency relief efforts2 7#c7 provide to division offices of the ,federal ,highway ,administration and ,state departments of transportation information on the best practices developed under paragraph 7#b72 and 7#d7 develop and implement a process to track-- 7,a7 the consideration of resilience as part of the emergency relief program under section #abe of title #bc1 ,united ,states ,code2 and 7,b7 the costs of emergency relief projects4 #aaebj4 ,study on stormwater best management practices 7a7 ,study ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title #bc1 ,united ,states ,code1 to inform the development of appropriate total maximum daily load 7as defined in section #acj4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations77 requirements2 7#b7 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 watershed1 including environmental restoration and pollution abatement carried out under section #cbh of title #bc1 ,united ,states ,code 7including any revisions to law 7including regulations7 that the ,transportation ,research ,board determines to be appropriate72 and 7#c7 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 #bc1 ,united ,states ,code1 through information-sharing agreements1 database assistance1 or an administrative platform to provide the information described in paragraphs 7#a7 and 7#b7 to entities issued permits under the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq474 7b7 ,requirements ,if the ,transportation ,research ,board enters into an agreement under subsection 7a71 in conducting the study under that subsection1 the ,transportation ,research ,board shall-- 7#a7 review and supplement1 as appropriate1 the methodologies examined and recommended in the report of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine entitled ,approaches for ,determining and ,complying with ,,tmdl ,requirements ,related to ,roadway ,stormwater ,runoff and dated #bjai2 7#b7 consult with-- 7,a7 the ,secretary2 7,b7 the ,administrator of the ,environmental ,protection ,agency2 7,c7 the ,secretary of the ,army1 acting through the ,chief of ,engineers2 and 7,d7 ,state departments of transportation2 and 7#c7 solicit input from-- 7,a7 stakeholders with experience in implementing stormwater management practices for projects2 and 7,b7 educational and technical stormwater management groups4 7c7 ,report ,if the ,transportation ,research ,board enters into an agreement under subsection 7a71 not later than #ah months after the date of enactment of this ,act1 the ,transportation ,research ,board shall submit to the ,secretary1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of the study4 #aaeba4 ,stormwater best management practices reports 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,highway ,administration4 7#b7 ,best management practices report ,the term best management practices report means-- 7,a7 the #bjad report sponsored by the ,administrator entitled ,determining the ,state of the ,practice in ,data ,collection and ,performance ,measurement of ,stormwater ,best ,management ,practices2 and 7,b7 the #aiig report sponsored by the ,administrator entitled ,stormwater ,best ,management ,practices in an ,ultra-,urban ,setting3 ,selection and ,monitoring4 7b7 ,reissuance ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall update and reissue each best management practices report to reflect new information and advancements in stormwater management4 7c7 ,updates ,not less frequently than once every #e years after the date on which the ,administrator reissues a best management practices report described in subsection 7b71 the ,administrator shall update and reissue the best management practices report until the earlier of the date on which-- 7#a7 the best management practices report is withdrawn2 or 7#b7 the contents of the best management practices report are incorporated 7including by reference7 into applicable regulations of the ,administrator4 #aaebb4 ,invasive plant elimination program 7a7 ,definitions ,in this section3 7#a7 ,invasive plant ,the term invasive plant means a nonnative plant1 tree1 grass1 or weed species1 including1 at a minimum1 cheatgrass1 ,ventenata dubia1 medusahead1 bulbous bluegrass1 ,japanese brome1 rattail fescue1 ,japanese honeysuckle1 phragmites1 autumn olive1 ,bradford pear1 wild parsnip1 sericea lespedeza1 spotted knapweed1 garlic mustard1 and palmer amaranth4 7#b7 ,program ,the term program means the grant program established under subsection 7b74 7#c7 ,transportation corridor ,the term transportation corridor means a road1 highway1 railroad1 or other surface transportation route4 7b7 ,establishment ,the ,secretary shall carry out a program to provide grants to ,states to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way4 7c7 ,application ,to be eligible to receive a grant under the program1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,eligible activities 7#a7 ,in general ,subject to this subsection1 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-way4 7#b7 ,prioritization of projects ,in carrying out the program1 the ,secretary shall give priority to projects that utilize revegetation with native plants and wildflowers1 including those that are pollinator-friendly4 7#c7 ,prohibition on certain uses of funds ,amounts provided to a ,state under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless-- 7,a7 mowing is identified as the best means of treatment according to best management practices2 or 7,b7 mowing is used in conjunction with another treatment4 7#d7 ,limitation ,not more than #aj percent of the amounts provided to a ,state under the program may be used for the purchase of equipment4 7#e7 ,administrative and indirect costs ,not more than #e percent of the amounts provided to a ,state under the program may be used for the administrative and other indirect costs 7such as full time employee salaries1 rent1 insurance1 subscriptions1 utilities1 and office supplies7 of carrying out eligible activities4 7e7 ,requirements 7#a7 ,coordination ,in carrying out eligible activities with a grant under the program1 a ,state shall coordinate with-- 7,a7 units of local government1 political subdivisions of the ,state1 and ,tribal authorities that are carrying out eligible activities in the areas to be treated2 7,b7 local regulatory authorities1 in the case of a treatment along or adjacent to a railroad right-of-way2 and 7,c7 with respect to the most effective roadside control methods1 ,state and ,federal land management agencies and any relevant ,tribal authorities4 7#b7 ,annual report ,not later than #a year after the date on which a ,state receives a grant under the program1 and annually thereafter1 that ,state shall provide to the ,secretary an annual report on the treatments carried out using funds from the grant4 7f7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be-- 7,a7 in the case of a project that utilizes revegetation with native plants and wildflowers1 including those that are pollinator-friendly1 #ge percent2 and 7,b7 in the case of any other project not described in subparagraph 7,a71 #ej percent4 7#b7 ,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 program4 7g7 ,funding ,there is authorized to be appropriated to carry out the program #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #aaebc4 ,over-the-road bus tolling equity ,section #abi7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c77;,b77i71 by inserting 1 together with the results of the audit under paragraph 7#i77;,c71 after the audits2 and 7#b7 in paragraph 7#i7-- 7,a7 by striking ,an over-the-road and inserting the following3 7,a7 ,in general ,an over-the-road 2 7,b7 in subparagraph 7,a7 7as so designated71 by striking public transportation buses and inserting public transportation vehicles2 and 7,c7 by adding at the end the following3 7,b7 ,reports 7i7 ,in general ,not later than #ij days after the date of enactment of this subparagraph1 a public authority that operates a toll facility shall report to the ,secretary any rates1 terms1 or conditions for access to the toll facility by public transportation vehicles that differ from the rates1 terms1 or conditions applicable to over-the-road buses4 7ii7 ,updates ,a public authority that operates a toll facility shall report to the ,secretary any change to the rates1 terms1 or conditions for access to the toll facility by public transportation vehicles that differ from the rates1 terms1 or conditions applicable to over-the-road buses by not later than #cj days after the date on which the change takes effect4 7iii7 ,publication ,the ,secretary shall publish information reported to the ,secretary under clauses 7i7 and 7ii7 on a publicly accessible internet website4 7,c7 ,annual audit 7i7 ,in general ,a public authority 7as defined in section #aja7;a77 with jurisdiction over a toll facility shall-- 7,i7 conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph2 and 7,,ii7 report the results of the audit1 together with the results of the audit under paragraph 7#c77;,b71 to the ,secretary4 7ii7 ,records ,after providing reasonable notice1 a public authority described in clause 7i7 shall make all records of the public authority pertaining to the toll facility available for audit by the ,secretary4 7iii7 ,noncompliance ,if the ,secretary determines that a public authority described in clause 7i7 has not complied with this paragraph1 the ,secretary may require the public authority to discontinue collecting tolls until an agreement with the ,secretary is reached to achieve compliance4 4 #aaebd4 ,bridge terminology 7a7 ,condition of ,,nhs bridges ,section #aai7;f77#b7 of title #bc1 ,united ,states ,code1 is amended by striking structurally deficient each place it appears and inserting in poor condition4 7b7 ,national ,bridge and ,tunnel inventories ,section #add7;b77#e7 of title #bc1 ,united ,states ,code1 is amended by striking structurally deficient bridge and inserting bridge classified as in poor condition4 7c7 ,tribal transportation facility bridges ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking deficient bridges eligible for the tribal transportation program and inserting bridges eligible for the tribal transportation program classified as in poor condition1 having low load capacity1 or needing geometric improvements2 and 7#b7 in paragraph 7#c77;,c71 by striking structurally deficient or functionally obsolete and inserting classified as in poor condition1 having a low load capacity1 or needing geometric improvements4 #aaebe4 ,technical corrections 7a7 ,section #aja7;b77#a7 of title #bc1 ,united ,states ,code1 is amended by inserting ,highways after and ,defense4 7b7 ,section #ajd7;f77#c7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the paragraph heading1 by striking federal highway administration and inserting an operating administration of the ,department of ,transportation2 and 7#b7 in subparagraph 7,a71 by striking the ,federal ,highway ,administration and inserting an operating administration of the ,department of ,transportation4 7c7 ,section #ajh7;c77#c77;,f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by inserting of #aifi 7#db ,u4,s4,c4 #dcba et seq47 after ,policy ,act2 and 7#b7 by striking this ,act and inserting this title4 7d7 ,section #aab7;b77#b7 of title #bc1 ,united ,states ,code1 is amended by striking 7,f7 7,f7 ,subparagraphs and inserting the following3 7,f7 ,exclusion ,subparagraphs 4 7e7 ,section #aae7;c7 of title #bc1 ,united ,states ,code1 is amended by striking section #ace7;f7 and inserting section #ace7;g74 7f7 ,section #acj7;g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the third sentence-- 7,a7 by striking and ,transportation1 and inserting and ,transportation2 and 7,b7 by striking thereafter11 and inserting thereafter12 and 7#b7 in the fifth sentence1 by striking railroad highway and inserting railway-highway4 7g7 ,section #ace7;g7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#c71 by striking operators711 and inserting operators712 and 7#b7 in paragraph 7#f77;,b71 by striking #ecaj1 #ecaa1 #ecaf1 and #ecag and inserting #ecaj and #ecaa4 7h7 ,section #aci of title #bc1 ,united ,states ,code 7as amended by section #aacja71 is amended-- 7#a7 in subsection 7b77#a71 by inserting 7#db ,u4,s4,c4 #dcba et seq47 after of #aifi2 7#b7 in subsection 7c71 by inserting 7#db ,u4,s4,c4 #dcba et seq47 after of #aifi each place it appears2 and 7#c7 in subsection 7k77#b71 by inserting 7#db ,u4,s4,c4 #dcba et seq47 after of #aifi4 7i7 ,section #adj7;a7 of title #bc1 ,united ,states ,code1 is amended1 in the third sentence1 by inserting a comma after ,secretary4 7j7 ,section #adh7;i77#b77;,d7 of title #bc1 ,united ,states ,code1 is amended by striking safety safety and inserting safety4 7k7 ,section #aff7;a77#a7 of title #bc1 ,united ,states ,code1 is amended by striking the paragraph designation and heading and all that follows through ,a public authority and inserting the following3 7#a7 ,authority of public authorities ,a public authority 4 7l7 ,section #bja7;c77#f77;,a77ii7 of title #bc1 ,united ,states ,code1 is amended by striking 7#be ,u4,s4,c4 #dej et seq47 and inserting 7#be ,u4,s4,c4 #ecja et seq474 7m7 ,section #bjb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking 7#be ,u4,s4,c4 #dej et seq47 each place it appears and inserting 7#be ,u4,s4,c4 #ecja et seq472 7#b7 in subsection 7a77#aj77;,b71 by striking 7#be ,u4,s4,c4 #dej;e7b77 and inserting 7#be ,u4,s4,c4 #ecjg7;b772 and 7#c7 in subsection 7b77#e71 in the matter preceding subparagraph 7,a71 by inserting the after agreement under4 7n7 ,section #bjf7;d77#b77;,g7 of title #bc1 ,united ,states ,code1 is amended by striking use of recreational trails and inserting uses of recreational trails4 7o7 ,section #bjg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7g7-- 7,a7 by striking 7#be ,u4,s4,c4 #dej;j-#a7 and inserting 7#be ,u4,s4,c4 #ecbe72 and 7,b7 by striking 7#be ,u4,s4,c4 #dej;j-#a7;f77 and inserting 7#be ,u4,s4,c4 #ecbe7;f772 7#b7 in subsection 7l7-- 7,a7 in paragraph 7#a71 by striking 7#be ,u4,s4,c4 #deh;aaa-#e7 and inserting 7#be ,u4,s4,c4 #echf72 7,b7 in paragraph 7#b71 by striking 7#be ,u4,s4,c4 #deh;aaa-#f7 and inserting 7#be ,u4,s4,c4 #echg72 7,c7 in paragraph 7#c71 by striking 7#be ,u4,s4,c4 #deh;aaa-#g7 and inserting 7#be ,u4,s4,c4 #echh72 7,d7 in paragraph 7#d71 by striking 7#be ,u4,s4,c4 #deh;aaa-#i7 and inserting 7#be ,u4,s4,c4 #ecij72 7,e7 in paragraph 7#e71 by striking 7#be ,u4,s4,c4 #deh;aaa-#aj7 and inserting 7#be ,u4,s4,c4 #ecia72 7,f7 in paragraph 7#f71 by striking 7#be ,u4,s4,c4 #deh;aaa-#aa7 and inserting 7#be ,u4,s4,c4 #ecib72 7,g7 in paragraph 7#g71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ad7 and inserting 7#be ,u4,s4,c4 #ecie72 7,h7 in paragraph 7#h71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ae7 and inserting 7#be ,u4,s4,c4 #ecif72 and 7,i7 in paragraph 7#i71 by striking 7#be ,u4,s4,c4 #deh;aaa-#ag7 and inserting 7#be ,u4,s4,c4 #ecih72 and 7#c7 in subsection 7m77#b7-- 7,a7 by striking #eje and inserting #eja2 and 7,b7 by striking 7#be ,u4,s4,c4 #dej;b2 #deh;aaa7 and inserting 7#be ,u4,s4,c4 #ecjd2 #echa74 7p7 ,section #bag7;d7 of title #bc1 ,united ,states ,code1 is amended by striking #ajd7;b77#c7 and inserting #ajd7;b77#d74 7q7 ,section #cbc7;d7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding paragraph 7#a71 in the second sentence1 by inserting 7#db ,u4,s4,c4 #dcba et seq47 after of #aifi4 7r7 ,section #cbe of title #bc1 ,united ,states ,code1 is repealed4 7s7 ,section #ejd7;g77#f7 of title #bc1 ,united ,states ,code1 is amended by striking make grants or to and inserting make grants to4 7t7 ,the analysis for chapter #c of title #bc1 ,united ,states ,code1 is amended by striking the item relating to section #cbe4 #aaebf4 ,working group on covered resources 7a7 ,definitions ,in this section3 7#a7 ,covered resource ,the term covered resource means a common variety material used in transportation infrastructure construction and maintenance1 including stone1 sand1 and gravel4 7#b7 ,state ,the term ,state means each of the several ,states1 the ,district of ,columbia1 and each territory or possession of the ,united ,states4 7#c7 ,working ,group ,the term ,working ,group means the working group established under subsection 7b74 7b7 ,establishment ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects4 7c7 ,membership 7#a7 ,appointment ,the ,secretary shall appoint to the ,working ,group individuals with knowledge and expertise in the production and transportation of covered resources4 7#b7 ,representation ,the ,working ,group shall include not less than #a representative of each of the following3 7,a7 ,state departments of transportation4 7,b7 ,state agencies associated with covered resources protection4 7,c7 ,state planning and geologic survey and mapping agencies4 7,d7 ,commercial motor vehicle operators1 including small business operators and operators who transport covered resources4 7,e7 ,covered resources producers4 7,f7 ,construction contractors4 7,g7 ,labor organizations4 7,h7 ,metropolitan planning organizations and regional planning organizations4 7,i7 ,indian ,tribes1 including ,tribal elected leadership or ,tribal transportation officials4 7,j7 ,any other stakeholders that the ,secretary determines appropriate4 7#c7 ,termination ,the ,working ,group shall terminate #ahj days after the date on which the ,secretary receives the report under subsection 7f77#a74 7d7 ,duties ,in carrying out the study required under subsection 7b71 the ,working ,group shall analyze-- 7#a7 the use of covered resources in transportation projects funded with ,federal dollars2 7#b7 how the proximity of covered resources to such projects affects the cost and environmental impact of those projects2 7#c7 whether and how ,state1 ,tribal1 and local transportation and planning agencies consider covered resources when developing transportation projects2 and 7#d7 any challenges for transportation project sponsors regarding access and proximity to covered resources4 7e7 ,consultation ,in carrying out the study required under subsection 7b71 the ,working ,group shall consult with1 as appropriate-- 7#a7 chief executive officers of ,states2 7#b7 ,state1 ,tribal1 and local transportation and planning agencies2 7#c7 other relevant ,state1 ,tribal1 and local agencies1 including ,state agencies associated with covered resources protection2 7#d7 members of the public with industry experience with respect to covered resources2 7#e7 other ,federal entities that provide funding for transportation projects2 and 7#f7 any other stakeholder the ,working ,group determines appropriate4 7f7 ,reports 7#a7 ,working group report ,not later than #b years after the date on which the ,working ,group is established1 the ,working ,group shall submit to the ,secretary a report that includes-- 7,a7 the findings of the study required under subsection 7b71 including a summary of comments received during the consultation process under subsection 7e72 and 7,b7 any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects4 7#b7 ,departmental report ,not later than #ij days after the date on which the ,secretary receives the report under paragraph 7#a71 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 recommendations1 as appropriate4 #aaebg4 ,blood transport vehicles ,section #aff7;b7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#f7 ,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 vehicles4 4 #aaebh4 ,pollinator-friendly practices on roadsides and highway rights-of-way 7a7 ,in general ,chapter #c of title #bc1 ,united ,states ,code 7as amended by section #aacji7;a771 is amended by adding at the end the following3 #ccb4 ,pollinator-friendly practices on roadsides and highway rights-of-way 7a7 ,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-way1 including the planting and seeding of native1 locally-appropriate grasses and wildflowers1 including milkweed4 7b7 ,eligible entities ,an entity eligible to receive a grant under this section is-- 7#a7 a ,state department of transportation2 7#b7 an ,indian tribe2 or 7#c7 a ,federal land management agency4 7c7 ,application ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a pollinator-friendly practices plan described in subsection 7d74 7d7 ,pollinator-friendly practices plan 7#a7 ,in general ,an eligible entity shall include in the application under subsection 7c7 a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement1 including-- 7,a7 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-way1 such as-- 7i7 reducing the mowing swath outside of the ,state-designated safety zone2 7ii7 increasing the mowing height2 7iii7 reducing the mowing frequency2 7iv7 refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present2 7v7 use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing2 or 7vi7 reducing raking along roadsides and highway rights-of-way2 7,b7 implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal1 targeted and judicious use of herbicides1 and mowing1 to address weed issues on roadsides and highway rights-of-way2 7,c7 planting or seeding of native1 locally-appropriate grasses and wildflowers1 including milkweed1 on roadsides and highway rights-of-way to enhance pollinator habitat1 including larval host plants2 7,d7 removing nonnative grasses from planting and seeding mixes1 except for use as nurse or cover crops2 7,e7 obtaining expert training or assistance on pollinator-friendly practices1 including-- 7i7 native plant identification2 7ii7 establishment and management of locally-appropriate native plants that benefit pollinators2 7iii7 land management practices that benefit pollinators2 and 7iv7 pollinator-focused integrated vegetation management2 or 7,f7 any other pollinator-friendly practices the ,secretary determines to be appropriate4 7#b7 ,coordination ,in developing a plan under paragraph 7#a71 an eligible entity that is a ,state department of transportation or a ,federal land management agency shall coordinate with applicable ,state agencies1 including ,state agencies with jurisdiction over agriculture and fish and wildlife4 7#c7 ,consultation ,in developing a plan under paragraph 7#a7-- 7,a7 an eligible entity that is a ,state department of transportation or a ,federal land management agency shall consult with affected or interested ,indian tribes2 and 7,b7 any eligible entity may consult with nonprofit organizations1 institutions of higher education1 metropolitan planning organizations1 and any other relevant entities4 7e7 ,award of grants 7#a7 ,in general ,the ,secretary shall provide a grant to each eligible entity that submits an application under subsection 7c71 including a plan under subsection 7d71 that the ,secretary determines to be satisfactory4 7#b7 ,amount of grants ,the amount of a grant under this section-- 7,a7 shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement2 and 7,b7 shall not exceed #aej1jjj4 7f7 ,use of funds ,an eligible entity that receives a grant under this section shall use the funds for the implementation1 improvement1 or further development of the plan under subsection 7d74 7g7 ,federal share ,the ,federal share of the cost of an activity carried out with a grant under this section shall be #ajj percent4 7h7 ,best practices ,the ,secretary shall develop and make available to eligible entities best practices for1 and a priority ranking of1 pollinator-friendly practices on roadsides and highway rights-of-way4 7i7 ,technical assistance ,on request of an eligible entity that receives a grant under this section1 the ,secretary shall provide technical assistance with the implementation1 improvement1 or further development of a plan under subsection 7d74 7j7 ,administrative costs ,for each fiscal year1 the ,secretary may use not more than #b percent of the amounts made available to carry out this section for the administrative costs of carrying out this section4 7k7 ,report ,not later than #a year after the date on which the first grant is provided under this section1 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 section4 7l7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #b1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,availability ,amounts made available under this section shall remain available for a period of #c years after the last day of the fiscal year for which the funds are authorized4 4 7b7 ,clerical amendment ,the analysis for chapter #c of title #bc1 ,united ,states ,code 7as amended by section #aacji7;b771 is amended by adding at the end the following3 #ccb4 ,pollinator-friendly practices on roadsides and highway rights-of-way4 4 #aaebi4 ,active transportation infrastructure investment program 7a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall carry out an active transportation infrastructure investment program to make grants1 on a competitive basis1 to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine4 7b7 ,application 7#a7 ,in general ,to be eligible to receive a grant under this section1 an eligible organization shall submit to the ,secretary an application in such manner and containing such information as the ,secretary may require4 7#b7 ,eligible projects partially on ,federal land ,with respect to an application for an eligible project that is located in part on ,federal land1 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 7#a74 7c7 ,application considerations ,in making a grant for construction of an active transportation network or active transportation spine under this section1 the ,secretary shall consider the following3 7#a7 ,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 bicycling1 including effective plans-- 7,a7 to create an active transportation network connecting destinations within or between communities1 including schools1 workplaces1 residences1 businesses1 recreation areas1 and other community areas1 or create an active transportation spine connecting two or more communities1 metropolitan regions1 or ,states2 and 7,b7 to integrate active transportation facilities with transit services1 where available1 to improve access to public transportation4 7#b7 ,whether the eligible organization demonstrates broad community support through-- 7,a7 the use of public input in the development of transportation plans2 and 7,b7 the commitment of community leaders to the success and timely implementation of an eligible project4 7#c7 ,whether the eligible organization provides evidence of commitment to traffic safety1 regulations1 financial incentives1 or community design policies that facilitate significant increases in walking and bicycling4 7#d7 ,the extent to which the eligible organization demonstrates commitment of ,state1 local1 or eligible ,federal matching funds1 and land or in-kind contributions1 in addition to the local match required under subsection 7f77#a71 unless the applicant qualifies for an exception under subsection 7f77#b74 7#e7 ,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 communities4 7#f7 ,whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists1 accessibility to jobs and key destinations1 economic competitiveness1 environmental protection1 and quality of life4 7d7 ,use of funds 7#a7 ,in general ,of the amounts made available to carry out this section and subject to paragraphs 7#b7 and 7#c71 the ,secretary shall obligate-- 7,a7 not less than #cj percent to eligible projects that construct active transportation networks that connect people with public transportation1 businesses1 workplaces1 schools1 residences1 recreation areas1 and other community activity centers2 and 7,b7 not less than #cj percent to eligible projects that construct active transportation spines4 7#b7 ,planning and design grants ,each fiscal year1 the ,secretary shall set aside not less than #c1jjj1jjj 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 spines4 7#c7 ,administrative costs ,each fiscal year1 the ,secretary shall set aside not more than #b1jjj1jjj of the funds made available to carry out this section to cover the costs of administration1 research1 technical assistance1 communications1 and training activities under the program4 7#d7 ,limitation on statutory construction ,nothing in this subsection prohibits an eligible organization from receiving research or other funds under title #bc or #di1 ,united ,states ,code4 7e7 ,grant timing 7#a7 ,request for application ,not later than #cj days after funds are made available to carry out this section for a fiscal year1 the ,secretary shall publish in the ,federal ,register a request for applications for grants under this section for that fiscal year4 7#b7 ,selection of grant recipients ,not later than #aej days after funds are made available to carry out this section for a fiscal year1 the ,secretary shall select grant recipients of grants under this section for that fiscal year4 7f7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of an eligible project carried out using a grant under this section shall not exceed #hj percent of the total project cost4 7#b7 ,exception for disadvantaged communities ,for eligible projects serving communities with a poverty rate of over #dj percent based on the majority of census tracts served by the eligible project1 the ,secretary may increase the ,federal share of the cost of the eligible project up to #ajj percent of the total project cost4 7g7 ,assistance to ,indian tribes ,in carrying out this section1 the ,secretary may enter into grant agreements1 self-determination contracts1 and self-governance compacts under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 with ,indian tribes that are eligible organizations1 and such agreements1 contracts1 and compacts shall be administered in accordance with that ,act4 7h7 ,reports 7#a7 ,interim report ,not later than ,september #cj1 #bjbd1 the ,secretary shall submit to ,congress a report containing the information described in paragraph 7#c74 7#b7 ,final report ,not later than ,september #cj1 #bjbf1 the ,secretary shall submit to ,congress a report containing the information described in paragraph 7#c74 7#c7 ,report information ,a report submitted under this subsection shall contain the following1 with respect to the period covered by the applicable report3 7,a7 ,a list of grants made under this section4 7,b7 ,best practices of eligible organizations that receive grants under this section in implementing eligible projects4 7,c7 ,impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation4 7i7 ,rule required ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion1 expedited procurement techniques1 and other best practices to facilitate productive and timely expenditures for eligible projects that are small1 low-impact1 and constructed within an existing built environment4 7j7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,availability ,the amounts made available to carry out this section shall remain available until expended4 7k7 ,treatment of projects ,notwithstanding any other provision of law1 a project assisted under this section shall be treated as a project on a ,federal-aid highway under chapter #a of title #bc1 ,united ,states ,code4 7l7 ,definitions ,in this section3 7#a7 ,active transportation ,the term active transportation means mobility options powered primarily by human energy1 including bicycling and walking4 7#b7 ,active transportation network ,the term active transportation network means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails1 that connect between destinations within a community or metropolitan region4 7#c7 ,active transportation spine ,the term active transportation spine means facilities built for active transportation1 including sidewalks1 bikeways1 and pedestrian and bicycle trails that connect between communities1 metropolitan regions1 or ,states4 7#d7 ,community ,the term community means a geographic area that is socioeconomically interdependent and may include rural1 suburban1 and urban jurisdictions4 7#e7 ,eligible organization ,the term eligible organization means-- 7,a7 a local or regional governmental organization1 including a metropolitan planning organization or regional planning organization or council2 7,b7 a multicounty special district2 7,c7 a ,state2 7,d7 a multistate group of governments2 or 7,e7 an ,indian tribe4 7#f7 ,eligible project ,the term eligible project means an active transportation project or group of projects-- 7,a7 within or between a community or group of communities1 at least one of which falls within the jurisdiction of an eligible organization1 which has submitted an application under this section2 and 7,b7 that has-- 7i7 a total cost of not less than #ae1jjj1jjj2 or 7ii7 with respect to planning and design grants1 planning and design costs of not less than #ajj1jjj4 7#g7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#h7 ,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 necessary1 including-- 7,a7 the cost of acquiring real property2 7,b7 the cost of site preparation1 demolition1 and development2 7,c7 expenses related to the issuance of bonds or notes2 7,d7 fees in connection with the planning1 execution1 and financing of the eligible project2 7,e7 the cost of studies1 surveys1 plans1 permits1 insurance1 interest1 financing1 tax1 and assessments2 7,f7 the cost of construction1 rehabilitation1 reconstruction1 and equipping the eligible project2 7,g7 the cost of land improvements2 7,h7 contractor fees2 7,i7 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 project2 and 7,j7 any other cost that the ,secretary determines is necessary and reasonable4 #aaecj4 ,highway cost allocation study 7a7 ,in general ,not later than #d years after the date of enactment of this ,act1 the ,secretary1 in coordination with ,state departments of transportation1 shall carry out a highway cost allocation study to determine the direct costs of highway use by various types of users4 7b7 ,inclusions ,the study under subsection 7a7 shall include an examination of-- 7#a7 the ,federal costs occasioned in the design1 construction1 rehabilitation1 and maintenance of ,federal-aid highways by-- 7,a7 the use of vehicles of different dimensions1 weights1 number of axles1 and other specifications2 and 7,b7 the frequency of those vehicles in the traffic stream2 7#b7 the safety-1 emissions-1 congestion-1 and noise-related costs of highway use by various types of users1 and other costs as determined by the ,secretary2 and 7#c7 the proportionate share of the costs described in paragraph 7#a7 that are attributable to each class of highway users4 7c7 ,requirements ,in carrying out the study under subsection 7a71 the ,secretary shall-- 7#a7 ensure that the study examines only direct costs of highway use2 7#b7 capture the various driving conditions in different geographic areas of the ,united ,states2 7#c7 to the maximum extent practicable1 distinguish between costs directly occasioned by a highway user class and costs occasioned by all highway user classes2 and 7#d7 compare the costs occasioned by various highway user classes with the user fee revenue contributed to the ,highway ,trust ,fund by those highway user classes4 7d7 ,reports 7#a7 ,interim reports ,not less frequently than annually during the period during which the ,secretary is carrying out the study under subsection 7a71 the ,secretary shall submit to ,congress an interim report on the progress of the study4 7#b7 ,final report ,on completion of the study under subsection 7a71 the ,secretary shall submit to ,congress a final report on the results of the study1 including the recommendations under subsection 7e74 7e7 ,recommendations ,on completion of the study under subsection 7a71 the ,secretary1 in coordination with the ,secretary of the ,treasury1 shall develop recommendations for a set of revenue options to fully cover the costs occasioned by highway users1 including recommendations for-- 7#a7 changes to existing revenue streams2 and 7#b7 new revenue streams based on user fees4 ,,ii ,transportation infrastructure finance and innovation #abjja4 ,transportation ,infrastructure ,finance and ,innovation ,act of #aiih amendments 7a7 ,definitions ,section #fja7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,e7 of paragraph 7#aj71 by striking #c years and inserting #e years2 and 7#b7 in paragraph 7#ab7-- 7,a7 by striking subparagraph 7,e7 and inserting the following3 7,e7 a project to improve or construct public infrastructure-- 7i7 that-- 7,i7 is located within walking distance of1 and accessible to1 a fixed guideway transit facility1 passenger rail station1 intercity bus station1 or intermodal facility1 including a transportation1 public utility1 or capital project described in section #ecjb7c77;,g77v7 of title #di1 and related infrastructure2 or 7,,ii7 is a project for economic development1 including commercial and residential development1 and related infrastructure and activities-- 7aa7 that incorporates private investment2 7bb7 that is physically or functionally related to a passenger rail station or multimodal station that includes rail service2 7cc7 for which the project sponsor has a high probability of commencing the contracting process for construction by not later than #ij days after the date on which credit assistance under the ,,tifia program is provided for the project2 and 7dd7 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 ridership1 tenant lease payments1 or other activities that generate revenue exceeding costs2 and 7ii7 for which1 by not later than ,september #cj1 #bjbf1 the ,secretary has-- 7,i7 received a letter of interest2 and 7,,ii7 determined that the project is eligible for assistance2 2 7,b7 in subparagraph 7,f71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,g7 an eligible airport-related project 7as defined in section #djaag7;a7 of title #di7 for which1 not later than ,september #cj1 #bjbe1 the ,secretary has-- 7i7 received a letter of interest2 and 7ii7 determined that the project is eligible for assistance2 and 7,h7 a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that-- 7i7 has been approved by the ,secretary of the ,interior pursuant to section #aj of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeci72 and 7ii7 in the judgment of the ,secretary1 would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title4 4 7b7 ,eligibility ,section #fjb7;a77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a77iv7-- 7,a7 by striking a rating and inserting an investment-grade rating2 and 7,b7 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking the senior debt and inserting senior debt2 and 7,b7 by striking credit instrument is for an amount less than #ge1jjj1jjj and inserting total amount of other senior debt and the ,federal credit instrument is less than #aej1jjj1jjj4 7c7 ,federal requirements ,section #fjb7;c77#a7 of title #bc1 ,united ,states ,code1 is amended in the matter preceding subparagraph 7,a7 by striking and the requirements of section #eccc7;a7 of title #di for rail projects1 and inserting the requirements of section #eccc7;a7 of title #di for rail projects1 and the requirements of sections #dgaab7;b7 and #ejaja of title #di for airport-related projects14 7d7 ,processing timelines ,section #fjb7;d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7#b7 in paragraph 7#c7 7as so redesignated71 by striking paragraph 7#a7 and inserting paragraph 7#b72 and 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,processing timelines ,except in the case of an application described in subsection 7a77#h7 and to the maximum extent practicable1 the ,secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant1 which1 to the maximum extent practicable1 the ,secretary shall endeavor to complete by not later than #aej days after the date on which the applicant submits a letter of interest to the ,secretary4 4 7e7 ,maturity date of certain secured loans ,section #fjc7;b77#e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking subparagraph 7,b7 and inserting subparagraphs 7,b7 and 7,c72 and 7#b7 by adding at the end the following3 7,c7 ,long lived assets ,in the case of a capital asset with an estimated life of more than #ej years1 the final maturity date of the secured loan shall be the lesser of-- 7i7 #ge years after the date of substantial completion of the project2 or 7ii7 #ge percent of the estimated useful life of the capital asset4 4 7f7 ,secured loans ,section #fjc7;c77#d77;,a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking ,any excess and inserting the following3 7i7 ,in general ,except as provided in clause 7ii71 any excess 2 and 7#b7 by adding at the end the following3 7ii7 ,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 #bjba1 if the obligor is a governmental entity1 agency1 or instrumentality1 the obligor shall not be required to prepay the secured loan or other secured ,federal credit instrument with any excess revenues described in clause 7i7 if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title #di4 4 7g7 ,technical amendment ,section #fjb7;e7 of title #bc1 ,united ,states ,code1 is amended by striking section #fja7;a77#a77;,a7 and inserting section #fja7;a77#b77;,a74 7h7 ,streamlined application process ,section #fjc7;f7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,additional terms for expedited decisions 7,a7 ,in general ,not later than #abj days after the date of enactment of this paragraph1 the ,secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet-- 7i7 the terms under paragraph 7#b72 and 7ii7 the additional criteria described in subparagraph 7,b74 7,b7 ,additional criteria ,the additional criteria referred to in subparagraph 7,a77ii7 are the following3 7i7 ,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 ,bureau4 7ii7 ,the secured loan is rated in the ,a category or higher4 7iii7 ,the ,,tifia program share of eligible project costs is #cc percent or less4 7iv7 ,the applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than #ij days after the date on which a ,federal credit instrument is obligated for the project under the ,,tifia program4 7v7 ,the project has received a categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,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 #ahj 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 project4 4 7i7 ,funding 7#a7 ,in general ,section #fjh7;a7 of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,limitation for certain projects 7,a7 ,transit-oriented development projects ,for each fiscal year1 the ,secretary may use to carry out projects described in section #fja7;a77#ab77;,e7 not more than #ae percent of the amounts made available to carry out the ,,tifia program for that fiscal year4 7,b7 ,airport-related projects ,the ,secretary may use to carry out projects described in section #fja7;a77#ab77;,g7-- 7i7 for each fiscal year1 not more than #ae percent of the amounts made available to carry out the ,,tifia program under the ,surface ,transportation ,reauthorization ,act of #bjba for that fiscal year2 and 7ii7 for the period of fiscal years #bjbb through #bjbf1 not more than #ae percent of the unobligated carryover balances 7as of ,october #a1 #bjba74 2 and 7,c7 by striking paragraph 7#f7 7as so redesignated7 and inserting the following3 7#f7 ,administrative costs ,of the amounts made available to carry out the ,,tifia program1 the ,secretary may use not more than #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf for the administration of the ,,tifia program4 4 7#b7 ,conforming amendment ,section #fje7;f77#a7 of title #bc1 ,united ,states ,code1 is amended by striking section #fjh7;a77#e7 and inserting section #fjh7;a77#f74 7j7 ,status reports ,section #fji of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,status reports 7#a7 ,in general ,the ,secretary shall publish on the website for the ,,tifia program-- 7,a7 on a monthly basis1 a current status report on all submitted letters of interest and applications received for assistance under the ,,tifia program2 and 7,b7 on a quarterly basis1 a current status report on all approved applications for assistance under the ,,tifia program4 7#b7 ,inclusions ,each monthly and quarterly status report under paragraph 7#a7 shall include1 at a minimum1 with respect to each project included in the status report-- 7,a7 the name of the party submitting the letter of interest or application2 7,b7 the name of the project2 7,c7 the date on which the letter of interest or application was received2 7,d7 the estimated project eligible costs2 7,e7 the type of credit assistance sought2 and 7,f7 the anticipated fiscal year and quarter for closing of the credit assistance4 4 7k7 ,state infrastructure bank program ,section #faj of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#a77;,a71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 7,b7 in paragraph 7#b71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 and 7,c7 in paragraph 7#c71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 and 7#b7 in subsection 7k71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf4 7l7 ,report ,not later than ,september #cj1 #bjbe1 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 7a77#b77;,c7 and subsection 7i77#a77;,b71 including-- 7#a7 information on the use of ,,tifia program 7as defined in section #fja7;a7 of title #bc1 ,united ,states ,code7 funds for eligible airport-related projects 7as defined in section #djaag7;a7 of title #di1 ,united ,states ,code72 and 7#b7 recommendations for modifications to the ,,tifia program4 #abjjb4 ,federal requirements for ,,tifia eligibility and project selection 7a7 ,in general ,section #fjb7;c7 of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7#c7 ,payment and performance security 7,a7 ,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 security1 regardless of whether the obligor is a ,state1 local government1 agency or instrumentality of a ,state or local government1 public authority1 or private party4 7,b7 ,written determination ,if payment and performance security is required to be furnished by applicable ,state or local statute or regulation1 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 protected4 7,c7 ,no determination or applicable requirements ,if there are no payment and performance security requirements applicable to the obligor1 the security under section #caca7;b7 of title #dj or an equivalent ,state or local requirement1 as determined by the ,secretary1 shall be required4 4 7b7 ,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 ,act4 ,,iii ,research1 technology1 and education #acjja4 ,strategic innovation for revenue collection 7a7 ,in general ,the ,secretary shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms 7referred to in this section as user-based alternative revenue mechanisms7 to help maintain the long-term solvency of the ,highway ,trust ,fund1 through pilot projects at the ,state1 local1 and regional level4 7b7 ,grants 7#a7 ,in general ,the ,secretary shall provide grants to eligible entities to carry out pilot projects under this section4 7#b7 ,applications ,to be eligible for a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,objectives ,the ,secretary shall ensure that1 in the aggregate1 the pilot projects carried out using funds provided under this section meet the following objectives3 7,a7 ,to test the design1 acceptance1 equity1 and implementation of user-based alternative revenue mechanisms1 including among-- 7i7 differing income groups2 and 7ii7 rural and urban drivers1 as applicable4 7,b7 ,to provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms4 7,c7 ,to quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms4 7,d7 ,to test a variety of solutions1 including the use of independent and private third-party vendors1 for the collection of data and fees from user-based alternative revenue mechanisms1 including the reliability and security of those solutions and vendors4 7,e7 ,to test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism4 7,f7 ,to conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs4 7,g7 ,to evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system4 7,h7 ,to ensure1 to the greatest extent practicable1 the use of innovation4 7,i7 ,to consider1 to the greatest extent practicable1 the potential for revenue collection along a network of alternative fueling stations4 7,j7 ,to evaluate the impacts of the imposition of a user-based alternative revenue mechanism on-- 7i7 transportation revenues2 7ii7 personal mobility1 driving patterns1 congestion1 and transportation costs2 and 7iii7 freight movement and costs4 7,k7 ,to evaluate options for the integration of a user-based alternative revenue mechanism with-- 7i7 nationwide transportation revenue collections and regulations2 7ii7 toll revenue collection platforms2 7iii7 transportation network company fees2 and 7iv7 any other relevant transportation revenue mechanisms4 7#d7 ,eligible entity ,an entity eligible to apply for a grant under this section is-- 7,a7 a ,state or a group of ,states2 7,b7 a local government or a group of local governments2 or 7,c7 a metropolitan planning organization 7as defined in section #acd7;b7 of title #bc1 ,united ,states ,code7 or a group of metropolitan planning organizations4 7#e7 ,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 #a or more of the objectives described in paragraph 7#c74 7#f7 ,consideration ,the ,secretary shall consider geographic diversity in awarding grants under this subsection4 7#g7 ,federal share ,the ,federal share of the cost of a pilot project carried out under this section may not exceed-- 7,a7 #hj percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section2 and 7,b7 #gj percent of the total cost of a project carried out by an eligible entity that has received at least #a grant under this section4 7c7 ,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 #cja of title #bc1 ,united ,states ,code4 7d7 ,recommendations and report ,not later than #c years after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of the ,treasury and the ,federal ,system ,funding ,alternative ,advisory ,board established under section #acjjb7;g77#a71 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-- 7#a7 summarizes the results of the pilot projects under this section and the national pilot program under section #acjjb2 and 7#b7 provides recommendations1 if applicable1 to enable potential implementation of a nationwide user-based alternative revenue mechanism4 7e7 ,funding 7#a7 ,in general ,of the funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 for each of fiscal years #bjbb through #bjbf #ae1jjj1jjj shall be used for pilot projects under this section4 7#b7 ,flexibility ,if1 by ,august #a of each fiscal year1 the ,secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year1 the ,secretary shall transfer to the national pilot program under section #acjjb or to the highway research and development program under section #ejc7;b7 of title #bc1 ,united ,states ,code-- 7,a7 any funds reserved for a fiscal year under paragraph 7#a7 that the ,secretary has not yet awarded under this section2 and 7,b7 an amount of obligation limitation equal to the amount of funds that the ,secretary transfers under subparagraph 7,a74 7f7 ,repeal 7#a7 ,in general ,section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 is repealed4 7#b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acab7 is amended by striking the item relating to section #fjbj4 #acjjb4 ,national motor vehicle per-mile user fee pilot 7a7 ,definitions ,in this section3 7#a7 ,advisory board ,the term advisory board means the ,federal ,system ,funding ,alternative ,advisory ,board established under subsection 7g77#a74 7#b7 ,commercial vehicle ,the term commercial vehicle has the meaning given the term commercial motor vehicle in section #caaja of title #di1 ,united ,states ,code4 7#c7 ,highway ,trust ,fund ,the term ,highway ,trust ,fund means the ,highway ,trust ,fund established under section #iejc of the ,internal ,revenue ,code of #aihf4 7#d7 ,light truck ,the term light truck has the meaning given the term in section #ebc4b of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,medium- and heavy-duty truck ,the term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section #cbija7;a7 of title #di1 ,united ,states ,code4 7#f7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given the term in section #cbaja of title #di1 ,united ,states ,code4 7#g7 ,per-mile user fee ,the term per-mile user fee means a revenue mechanism that-- 7,a7 is applied to road users operating motor vehicles on the surface transportation system2 and 7,b7 is based on the number of vehicle miles traveled by an individual road user4 7#h7 ,pilot program ,the term pilot program means the pilot program established under subsection 7b77#a74 7#i7 ,volunteer participant ,the term volunteer participant means-- 7,a7 an owner or lessee of a private1 personal motor vehicle who volunteers to participate in the pilot program2 7,b7 a commercial vehicle operator who volunteers to participate in the pilot program2 or 7,c7 an owner of a motor vehicle fleet who volunteers to participate in the pilot program4 7b7 ,establishment 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of the ,treasury1 and consistent with the recommendations of the advisory board1 shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee-- 7,a7 to restore and maintain the long-term solvency of the ,highway ,trust ,fund2 and 7,b7 to improve and maintain the surface transportation system4 7#b7 ,objectives ,the objectives of the pilot program are-- 7,a7 to test the design1 acceptance1 implementation1 and financial sustainability of a national motor vehicle per-mile user fee2 7,b7 to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee2 and 7,c7 to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee4 7c7 ,parameters ,in carrying out the pilot program1 the ,secretary1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 provide different methods that volunteer participants can choose from to track motor vehicle miles traveled2 7#b7 solicit volunteer participants from all #ej ,states1 the ,district of ,columbia1 and the ,commonwealth of ,puerto ,rico2 7#c7 ensure an equitable geographic distribution by population among volunteer participants2 7#d7 include commercial vehicles and passenger motor vehicles2 and 7#e7 use components of and1 where appropriate1 coordinate with-- 7,a7 the ,states that received a grant under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 7as in effect on the day before the date of enactment of this ,act72 and 7,b7 eligible entities that received a grant under section #acjja4 7d7 ,methods 7#a7 ,tools ,in selecting the methods described in subsection 7c77#a71 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 tools3 7,a7 ,third-party on-board diagnostic 7,,obd-,,ii7 devices4 7,b7 ,smart phone applications4 7,c7 ,telemetric data collected by automakers4 7,d7 ,motor vehicle data obtained by car insurance companies4 7,e7 ,data from the ,states that received a grant under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 7as in effect on the day before the date of enactment of this ,act74 7,f7 ,motor vehicle data obtained from fueling stations4 7,g7 ,any other method that the ,secretary considers appropriate4 7#b7 ,coordination 7,a7 ,selection ,the ,secretary shall determine which collection tools under paragraph 7#a7 are selected for the pilot program4 7,b7 ,volunteer participants ,in a manner that the ,secretary considers appropriate1 the ,secretary shall enable each volunteer participant to choose #a of the selected collection tools under paragraph 7#a74 7e7 ,motor vehicle per-mile user fees ,for the purposes of the pilot program1 the ,secretary of the ,treasury shall establish1 on an annual basis1 per-mile user fees for passenger motor vehicles1 light trucks1 and medium- and heavy-duty trucks1 which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure1 safety1 congestion1 the environment1 or other related social impacts4 7f7 ,volunteer participants ,the ,secretary1 in coordination with the ,secretary of the ,treasury1 shall-- 7#a7 7,a7 ensure1 to the extent practicable1 that the greatest number of volunteer participants participate in the pilot program2 and 7,b7 ensure that such volunteer participants represent geographically diverse regions of the ,united ,states1 including from urban and rural areas2 and 7#b7 issue policies relating to the protection of volunteer participants1 including policies that-- 7,a7 protect the privacy of volunteer participants2 and 7,b7 secure the data provided by volunteer participants4 7g7 ,federal system funding alternative advisory board 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,secretary shall establish an advisory board1 to be known as the ,federal ,system ,funding ,alternative ,advisory ,board1 to assist with-- 7,a7 providing the ,secretary with recommendations related to the structure1 scope1 and methodology for developing and implementing the pilot program2 7,b7 carrying out the public awareness campaign under subsection 7h72 and 7,c7 developing the report under subsection 7n74 7#b7 ,membership ,the advisory board shall include1 at a minimum1 the following representatives and entities1 to be appointed by the ,secretary3 7,a7 ,state departments of transportation4 7,b7 ,any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 7as in effect on the day before the date of enactment of this ,act74 7,c7 ,representatives of the trucking industry1 including owner-operator independent drivers4 7,d7 ,data security experts with expertise in personal privacy4 7,e7 ,academic experts on surface transportation systems4 7,f7 ,consumer advocates1 including privacy experts4 7,g7 ,advocacy groups focused on equity4 7,h7 ,owners of motor vehicle fleets4 7,i7 ,owners and operators of toll facilities4 7,j7 ,tribal groups or representatives4 7,k7 ,any other representatives or entities1 as determined appropriate by the ,secretary4 7#c7 ,recommendations ,not later than #a year after the date on which the advisory board is established under paragraph 7#a71 the advisory board shall provide the ,secretary with the recommendations described in subparagraph 7,a7 of that paragraph1 which the ,secretary shall use in implementing the pilot program4 7h7 ,public awareness campaign 7#a7 ,in general ,the ,secretary1 with guidance from the advisory board1 may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee1 including distributing information-- 7,a7 related to the pilot program2 7,b7 from the ,state surface transportation system funding alternatives pilot program under section #fjbj of the ,,fast ,act 7#bc ,u4,s4,c4 #ejc note2 ,public ,law #aad-id7 7as in effect on the day before the date of enactment of this ,act72 and 7,c7 related to consumer privacy4 7#b7 ,considerations ,in carrying out the public awareness campaign under this subsection1 the ,secretary shall consider issues unique to each ,state4 7i7 ,revenue collection ,the ,secretary of the ,treasury1 in coordination with the ,secretary1 shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection 7e7 from volunteer participants1 which-- 7#a7 may be adjusted as needed to address technical challenges2 and 7#b7 may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the ,treasury4 7j7 ,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 program4 7k7 ,limitation ,any revenue collected through the mechanism established under subsection 7i7 shall not be considered a toll under section #cja of title #bc1 ,united ,states ,code4 7l7 ,highway trust fund ,the ,secretary of the ,treasury shall ensure that any revenue collected under subsection 7i7 is deposited into the ,highway ,trust ,fund4 7m7 ,payment ,not more than #fj days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program1 the ,secretary of the ,treasury1 in consultation with the ,secretary of ,transportation1 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 participant4 7n7 ,report to ,congress ,not later than #a year after the date on which volunteer participants begin participating in the pilot program1 and each year thereafter for the duration of the pilot program1 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-- 7#a7 whether the objectives described in subsection 7b77#b7 were achieved2 7#b7 how volunteer participant protections in subsection 7f77#b7 were complied with2 7#c7 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 system1 which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees2 7#d7 how the privacy of volunteers was maintained2 and 7#e7 equity impacts of the pilot program1 including the impacts of the pilot program on low-income commuters4 7o7 ,funding 7#a7 ,in general ,of the funds made available to carry out section #ejc7;b7 of title #bc1 ,united ,states ,code1 for each of fiscal years #bjbb through #bjbf #aj1jjj1jjj shall be used to carry out the pilot program under this section4 7#b7 ,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 #acjja4 #acjjc4 ,performance management data support program ,section #fjbh7;c7 of the ,,fast ,act 7#bc ,u4,s4,c4 #aej note2 ,public ,law #aad-id7 is amended by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf4 #acjjd4 ,data integration pilot program 7a7 ,establishment ,the ,secretary shall establish a pilot program-- 7#a7 to provide research and develop models that integrate1 in near-real-time1 data from multiple sources1 including geolocated-- 7,a7 weather conditions2 7,b7 roadway conditions2 7,c7 incidents1 work zones1 and other nonrecurring events related to emergency planning2 and 7,d7 information from emergency responders2 and 7#b7 to facilitate data integration between the ,department1 the ,national ,weather ,service1 and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events1 including1 at a minimum-- 7,a7 winter weather2 7,b7 heavy rainfall2 and 7,c7 tropical weather events4 7b7 ,requirements ,in carrying out subsection 7a77#a71 the ,secretary shall-- 7#a7 address the safety1 resiliency1 and vulnerability of the transportation system to disasters2 and 7#b7 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 mobility4 7c7 ,treatment ,except as otherwise provided in this section1 the ,secretary shall carry out activities under the pilot program under this section as if-- 7#a7 those activities were authorized under chapter #e of title #bc1 ,united ,states ,code2 and 7#b7 the funds made available to carry out the pilot program were made available under that chapter4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #b1ejj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 #acjje4 ,emerging technology research pilot program 7a7 ,establishment ,the ,secretary shall establish a pilot program to conduct emerging technology research in accordance with this section4 7b7 ,activities ,the pilot program under this section shall include-- 7#a7 research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure2 and 7#b7 research and development activities 7including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected1 autonomous1 and platooned vehicles on pavement and infrastructure performance7-- 7,a7 to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance2 and 7,b7 to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems4 7c7 ,treatment ,except as otherwise provided in this section1 the ,secretary shall carry out activities under the pilot program under this section as if-- 7#a7 those activities were authorized under chapter #e of title #bc1 ,united ,states ,code2 and 7#b7 the funds made available to carry out the pilot program were made available under that chapter4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 #acjjf4 ,research and technology development and deployment 7a7 ,in general ,section #ejc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking section #ejh and inserting section #fejc of title #di2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,c71 by striking and at the end2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting a semicolon2 and 7iii7 by adding at the end the following3 7,e7 engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness2 and 7,f7 consult frequently with public and private entities on new transportation technologies4 2 7,b7 in paragraph 7#b77;,c7-- 7i7 by redesignating clauses 7x7 through 7xv7 as clauses 7xi7 through 7xvi71 respectively2 and 7ii7 by inserting after clause 7ix7 the following3 7x7 safety measures to reduce the number of wildlife-vehicle collisions2 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,b77viii71 by inserting 1 including weather1 after events2 and 7ii7 in subparagraph 7,c7-- 7,i7 in clause 7xv71 by inserting extreme weather events and after withstand2 7,,ii7 in clause 7xviii71 by striking and at the end2 7,,iii7 in clause 7xix71 by striking the period at the end and inserting 2 and2 and 7,,iv7 by adding at the end the following3 7xx7 studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way1 including potential adverse impacts of the use or nonuse of those rights-of-way4 2 7,d7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking and at the end2 7ii7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,c7 to support research on non-market-ready technologies in consultation with public and private entities4 2 7,e7 in paragraph 7#g77;,b7-- 7i7 in the matter preceding clause 7i71 by inserting innovations by leading after support2 7ii7 in clause 7iii71 by striking and at the end2 7iii7 in clause 7iv71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7v7 the evaluation of information from accelerated market readiness efforts1 including non-market-ready technologies1 in consultation with other offices of the ,federal ,highway ,administration1 the ,national ,highway ,traffic ,safety ,administration1 and other key partners4 2 7,f7 in paragraph 7#h77;,a71 by striking future highway and all that follows through needs4 and inserting the following3 8current conditions and future needs of highways1 bridges1 and tunnels of the ,united ,states1 including-- 7i7 the conditions and performance of the highway network for freight movement2 7ii7 intelligent transportation systems2 7iii7 resilience needs2 and 7iv7 the backlog of current highway1 bridge1 and tunnel needs4 2 and 7,g7 by adding at the end the following3 7#i7 ,analysis tools ,the ,secretary may develop interactive modeling tools and databases that-- 7,a7 track the full condition of highway assets1 including interchanges1 and the reconstruction history of those assets2 7,b7 can be used to assess transportation options2 7,c7 allow for the monitoring and modeling of network-level traffic flows on highways2 and 7,d7 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 modes4 2 and 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting use of rights-of-way permissible under applicable law1 after structures12 7ii7 in subparagraph 7,d71 by striking and at the end2 7iii7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7,f7 disseminating and evaluating information from accelerated market readiness efforts1 including non-market-ready technologies1 to public and private entities4 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b77iii71 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 and1 as the ,secretary determines to be appropriate1 support continued implementation2 and 7ii7 by adding at the end the following3 7,d7 ,report ,not later than #b years after the date of enactment of this subparagraph and every #b years thereafter1 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-- 7i7 the activities the ,secretary has undertaken to carry out the program established under paragraph 7#a72 and 7ii7 how and to what extent the ,secretary has worked to disseminate non-market-ready technologies to public and private entities4 2 7,c7 in paragraph 7#c7-- 7i7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,d7 and 7,e71 respectively2 7ii7 by inserting after subparagraph 7,b7 the following3 7,c7 ,high-friction surface treatment application study 7i7 ,definition of institution ,in this subparagraph1 the term institution means a private sector entity1 public agency1 research university or other research institution1 or organization representing transportation and technology leaders or other transportation stakeholders that1 as determined by the ,secretary1 is capable of working with ,state highway agencies1 the ,federal ,highway ,administration1 and the highway construction industry to develop and evaluate new products1 design technologies1 and construction methods that quickly lead to pavement improvements4 7ii7 ,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 pavement4 7iii7 ,report ,not later than #ah months after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall submit a report on the results of the study under clause 7ii7 to-- 7,i7 the ,committee on ,environment and ,public ,works of the ,senate2 7,,ii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 7,,iii7 the ,federal ,highway ,administration2 and 7,,iv7 the ,american ,association of ,state ,highway and ,transportation ,officials4 2 7iii7 in subparagraph 7,d7 7as so redesignated71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 and 7iv7 in subparagraph 7,e7 7as so redesignated7-- 7,i7 in clause 7i71 by striking annually and inserting once every #c years2 and 7,,ii7 in clause 7ii7-- 7aa7 in subclause 7,,iii71 by striking and at the end2 7bb7 in subclause 7,,iv71 by striking the period at the end and inserting a semicolon2 and 7cc7 by adding at the end the following3 7,v7 pavement monitoring and data collection practices2 7,,vi7 pavement durability and resilience2 7,,vii7 stormwater management2 7,,viii7 impacts on vehicle efficiency2 7,,ix7 the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability2 and 7,x7 integration of renewable energy in pavement designs4 2 and 7,d7 by adding at the end the following3 7#e7 ,accelerated implementation and deployment of advanced digital construction management systems 7,a7 ,in general ,the ,secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph 7#a7 to promote1 implement1 deploy1 demonstrate1 showcase1 support1 and document the application of advanced digital construction management systems1 practices1 performance1 and benefits4 7,b7 ,goals ,the goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph 7,a7 shall include-- 7i7 accelerated ,state adoption of advanced digital construction management systems applied throughout the construction lifecycle 7including through the design and engineering1 construction1 and operations phases7 that-- 7,i7 maximize interoperability with other systems1 products1 tools1 or applications2 7,,ii7 boost productivity2 7,,iii7 manage complexity2 7,,iv7 reduce project delays and cost overruns2 and 7,v7 enhance safety and quality2 7ii7 more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints1 design drawings1 procurement and supply-chain orders1 equipment logs1 daily progress reports1 and punch lists2 7iii7 deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors1 such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster1 safer1 more accurately1 and with minimal supervision2 7iv7 the development and deployment of best practices for use in digital construction management2 7v7 increased technology adoption and deployment by ,states and units of local government that enables project sponsors-- 7,i7 to integrate the adoption of digital management systems and technologies in contracts2 and 7,,ii7 to weigh the cost of digitization and technology in setting project budgets2 7vi7 technology training and workforce development to build the capabilities of project managers and sponsors that enables ,states and units of local government-- 7,i7 to better manage projects using advanced construction management technologies2 and 7,,ii7 to properly measure and reward technology adoption across projects of the ,state or unit of local government2 7vii7 development of guidance to assist ,states in updating regulations of the ,state to allow project sponsors and contractors-- 7,i7 to report data relating to the project in digital formats2 and 7,,ii7 to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies2 7viii7 reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects2 and 7ix7 enhanced worker and pedestrian safety resulting from increased transparency4 7,c7 ,funding ,for each of fiscal years #bjbb through #bjbf1 the ,secretary shall obligate from funds made available to carry out this subsection #bj1jjj1jjj to accelerate the deployment and implementation of advanced digital construction management systems4 7,d7 ,publication 7i7 ,in general ,not less frequently than annually1 the ,secretary shall issue and make available to the public on a website a report on-- 7,i7 progress made in the implementation of advanced digital management systems by ,states2 and 7,,ii7 the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph4 7ii7 ,inclusions ,the report under clause 7i7 may include an analysis of-- 7,i7 ,federal1 ,state1 and local cost savings2 7,,ii7 project delivery time improvements2 7,,iii7 congestion impacts2 and 7,,iv7 safety improvements for roadway users and construction workers4 4 7b7 ,advanced transportation technologies and innovative mobility deployment ,section #ejc7;c77#d7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the heading1 by inserting and innovative mobility before deployment2 7#b7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,the ,secretary shall provide grants to eligible entities to deploy1 install1 and operate advanced transportation technologies to improve safety1 mobility1 efficiency1 system performance1 intermodal connectivity1 and infrastructure return on investment4 2 7#c7 in subparagraph 7,b7-- 7,a7 in clause 7i71 by striking the enhanced use and inserting optimization2 7,b7 in clause 7v7-- 7i7 by striking transit1 and inserting work zone1 weather1 transit1 paratransit12 and 7ii7 by striking and accessible transportation and inserting 1 accessible1 and integrated transportation and transportation services2 7,c7 by redesignating clauses 7i7 through 7viii7 as clauses 7iii71 7iv71 7v71 7vi71 7vii71 7ix71 7x71 and 7xi71 respectively2 7,d7 by inserting before clause 7iii7 7as so redesignated7 the following3 7i7 improve the mobility of people and goods2 7ii7 improve the durability and extend the life of transportation infrastructure2 2 7,e7 in clause 7iv7 7as so redesignated71 by striking deliver and inserting protect the environment and deliver2 7,f7 by inserting after clause 7vii7 7as so redesignated7 the following3 7viii7 facilitate account-based payments for transportation access and services and integrate payment systems across modes2 2 7,g7 in clause 7x7 7as so redesignated71 by striking or at the end2 7,h7 in clause 7xi7 7as so redesignated7-- 7i7 by inserting vehicle-to-pedestrian1 after vehicle-to-infrastructure12 and 7ii7 by striking the period at the end and inserting 2 or2 and 7,i7 by adding at the end the following3 7xii7 incentivize travelers-- 7,i7 to share trips during periods in which travel demand exceeds system capacity2 or 7,,ii7 to shift trips to periods in which travel demand does not exceed system capacity4 2 7#d7 in subparagraph 7,c7-- 7,a7 in clause 7i71 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 paragraph2 and 7,b7 in clause 7ii7-- 7i7 in subclause 7,i71 by inserting mobility1 after safety12 and 7ii7 in subclause 7,,ii7-- 7,i7 in item 7bb71 by striking and at the end2 7,,ii7 in item 7cc71 by striking the period at the end and inserting 2 and2 and 7,,iii7 by adding at the end the following3 7dd7 facilitating payment for transportation services4 2 7#e7 in subparagraph 7,d7-- 7,a7 in clause 7i71 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 paragraph2 and 7,b7 in clause 7ii7-- 7i7 by striking ,in awarding and inserting the following3 7,i7 ,in general ,subject to subclause 7,,ii71 in awarding 2 and 7ii7 by adding at the end the following3 7,,ii7 ,rural set-aside ,not less than #bj percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas4 2 7#f7 in subparagraph 7,e7-- 7,a7 by redesignating clauses 7iii7 through 7ix7 as clauses 7iv71 7v71 7vi71 7vii71 7viii71 7xi71 and 7xiv71 respectively2 7,b7 by inserting after clause 7ii7 the following3 7iii7 advanced transportation technologies to improve emergency evacuation and response by ,federal1 ,state1 and local authorities2 2 7,c7 by inserting after clause 7viii7 7as so redesignated7 the following3 7ix7 integrated corridor management systems2 7x7 advanced parking reservation or variable pricing systems2 2 7,d7 in clause 7xi7 7as so redesignated7-- 7i7 by inserting 1 toll collection1 after pricing2 and 7ii7 by striking or at the end2 7,e7 by inserting after clause 7xi7 7as so redesignated7 the following3 7xii7 technology that enhances high occupancy vehicle toll lanes1 cordon pricing1 or congestion pricing2 7xiii7 integration of transportation service payment systems2 2 7,f7 in clause 7xiv7 7as so redesignated7-- 7i7 by striking and access and inserting 1 access1 and on-demand transportation service2 7ii7 by inserting and other shared-use mobility applications after ridesharing2 and 7iii7 by striking the period at the end and inserting a semicolon2 and 7,g7 by adding at the end the following3 7xv7 retrofitting dedicated short-range communications 7,,dsrc7 technology deployed as part of an existing pilot program to cellular vehicle-to-everything 7,c-,v#b,x7 technology1 subject to the condition that the retrofitted technology operates only within the existing spectrum allocations for connected vehicle systems2 or 7xvi7 advanced transportation technologies1 in accordance with the research areas described in section #fejc of title #di4 2 7#g7 in subparagraph 7,f77ii77,,iv71 by striking efficiency and multimodal system performance and inserting mobility1 efficiency1 multimodal system performance1 and payment system performance2 7#h7 in subparagraph 7,g7-- 7,a7 by redesignating clauses 7vi7 through 7viii7 as clauses 7vii7 through 7ix71 respectively2 and 7,b7 by inserting after clause 7v7 the following3 7vi7 improved integration of payment systems2 2 7#i7 in subparagraph 7,i77i71 by striking fiscal years #bjaf through #bjbj and inserting fiscal years #bjbb through #bjbf2 7#aj7 in subparagraph 7,j71 by striking #ej and inserting #hj2 and 7#aa7 in subparagraph 7,n7-- 7,a7 in the matter preceding clause 7i71 by striking 1 the following definitions apply2 7,b7 in clause 7i71 by striking representing a population of over #bjj1jjj2 and 7,c7 in clause 7iii71 in the matter preceding subclause 7,i71 by striking a any and inserting any4 7c7 ,center of ,excellence on new mobility and automated vehicles ,section #ejc7;c7 of title #bc1 ,united ,states ,code 7as amended by subsection 7a77#c77;,d771 is amended by adding at the end the following3 7#f7 ,center of ,excellence 7,a7 ,definitions ,in this paragraph3 7i7 ,highly automated vehicle ,the term highly automated vehicle means a motor vehicle that-- 7,i7 has a taxable gross weight 7as defined in section #da4ddhb7;b7-#a of title #bf1 ,code of ,federal ,regulations 7or successor regulations77 of #aj1jjj pounds or less2 and 7,,ii7 is equipped with a ,level #c1 ,level #d1 or ,level #e automated driving system 7as defined in the ,,sae ,international ,recommended ,practice numbered ,j#cjaf and dated ,june #ae1 #bjah 7or a subsequent standard adopted by the ,secretary774 7ii7 ,new mobility ,the term new mobility includes shared services such as-- 7,i7 docked and dockless bicycles2 7,,ii7 docked and dockless electric scooters2 and 7,,iii7 transportation network companies4 7,b7 ,establishment ,not later than #a year after the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the ,secretary shall establish a ,center of ,excellence to collect1 conduct1 and fund research on the impacts of new mobility and highly automated vehicles on land use1 urban design1 transportation1 real estate1 equity1 and municipal budgets4 7,c7 ,report ,not later than #a year after the date on which the ,center of ,excellence is established1 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 ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,transportation and ,infrastructure and ,energy and ,commerce of the ,house of ,representatives4 7,d7 ,partnerships ,in establishing the ,center of ,excellence under subparagraph 7,b71 the ,secretary shall enter into appropriate partnerships with any institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or public or private research entity4 4 7d7 ,accelerated implementation and deployment of advanced digital construction management systems ,not later than #a year after the date of enactment of this ,act1 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-- 7#a7 a description of-- 7,a7 the current status of the use of advanced digital construction management systems in each ,state2 and 7,b7 the progress of each ,state toward accelerating the adoption of advanced digital construction management systems2 and 7#b7 an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems4 7e7 ,open challenge and research proposal pilot program 7#a7 ,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 needs4 7#b7 ,requirements ,a research proposal submitted to the ,secretary by an eligible entity shall address-- 7,a7 a research need identified by the ,secretary or the ,administrator of the ,federal ,highway ,administration2 or 7,b7 an issue or challenge that the ,secretary determines to be important4 7#c7 ,eligible entities ,an entity eligible to submit a research proposal under the pilot program under paragraph 7#a7 is-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a university transportation center under section #eeje of title #di1 ,united ,states ,code2 7,d7 a private nonprofit organization2 7,e7 a private sector organization working in collaboration with an entity described in subparagraphs 7,a7 through 7,d72 and 7,f7 any other individual or entity that the ,secretary determines to be appropriate4 7#d7 ,project review ,the ,secretary shall-- 7,a7 review each research proposal submitted under the pilot program under paragraph 7#a72 and 7,b7 provide to the eligible entity a written notice that-- 7i7 if the research proposal is not selected-- 7,i7 notifies the eligible entity that the research proposal has not been selected for funding2 7,,ii7 provides an explanation as to why the research proposal was not selected1 including if the research proposal does not cover an area of need2 and 7,,iii7 if applicable1 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 office2 and 7ii7 if the research proposal is selected1 notifies the eligible entity that the research proposal has been selected for funding4 7#e7 ,federal share 7,a7 ,in general ,the ,federal share of the cost of an activity carried out under this subsection shall not exceed #hj percent4 7,b7 ,non-federal share ,all costs directly incurred by the non-,federal partners1 including personnel1 travel1 facility1 and hardware development costs1 shall be credited toward the non-,federal share of the cost of an activity carried out under this subsection4 7f7 ,conforming amendment ,section #afg of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7h72 and 7#b7 by redesignating subsections 7i7 through 7l7 as subsections 7h7 through 7k71 respectively4 #acjjg4 ,workforce development1 training1 and education 7a7 ,surface transportation workforce development1 training1 and education ,section #ejd7;e7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraphs 7,d7 through 7,g7 as subparagraphs 7,e71 7,f71 7,h71 and 7,i71 respectively2 7,b7 by inserting after subparagraph 7,c7 the following3 7,d7 pre-apprenticeships1 apprenticeships1 and career opportunities for on-the-job training2 2 7,c7 in subparagraph 7,e7 7as so redesignated71 by striking or community college and inserting 1 college1 community college1 or vocational school2 and 7,d7 by inserting after subparagraph 7,f7 7as so redesignated7 the following3 7,g7 activities associated with workforce training and employment services1 such as targeted outreach and partnerships with industry1 economic development organizations1 workforce development boards1 and labor organizations2 2 7#b7 in paragraph 7#b71 by striking paragraph 7#a77;,g7 and inserting paragraph 7#a77;,i72 and 7#c7 in paragraph 7#c7-- 7,a7 by striking the period at the end and inserting a semicolon2 7,b7 by striking including activities and inserting the following3 8including-- 7,a7 activities 2 and 7,c7 by adding at the end the following3 7,b7 activities that address current workforce gaps1 such as work on construction projects1 of ,state and local transportation agencies2 7,c7 activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies2 and 7,d7 activities to attract new sources of job-creating investment4 4 7b7 ,transportation education and training development and deployment program ,section #ejd7;f7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in the subsection heading1 by striking ,development and inserting and ,training ,development and ,deployment2 7#b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,establishment ,the ,secretary shall establish a program to make grants to educational institutions or ,state departments of transportation1 in partnership with industry and relevant ,federal departments and agencies-- 7,a7 to develop1 test1 and review new curricula and education programs to train individuals at all levels of the transportation workforce2 or 7,b7 to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs4 2 7#c7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking shall and inserting may2 7,b7 in subparagraph 7,a71 by inserting current or future after specific2 and 7,c7 in subparagraph 7,e7-- 7i7 by striking in nontraditional departments2 7ii7 by inserting construction1 after such as2 and 7iii7 by inserting or emerging after industrial2 7#d7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,reporting ,the ,secretary shall establish minimum reporting requirements for grant recipients under this subsection1 which may include1 with respect to a program carried out with a grant under this subsection-- 7,a7 the percentage or number of program participants that are employed during the second quarter after exiting the program2 7,b7 the percentage or number of program participants that are employed during the fourth quarter after exiting the program2 7,c7 the median earnings of program participants that are employed during the second quarter after exiting the program2 7,d7 the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma 7or a recognized equivalent7 during participation in the program or by not later than #a year after exiting the program2 and 7,e7 the percentage or number of program participants that1 during a program year-- 7i7 are in an education or training program that leads to a recognized postsecondary credential or employment2 and 7ii7 are achieving measurable skill gains toward such a credential or employment4 4 7c7 ,use of funds ,section #ejd of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7i7 ,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-- 7#a7 the activities are authorized by another provision of this title2 and 7#b7 the activities are for entities other than employees of the ,secretary1 such as ,states1 units of local government1 ,federal land management agencies1 and ,tribal governments4 4 #acjjh4 ,wildlife-vehicle collision research 7a7 ,general authorities and requirements regarding wildlife and habitat ,section #eae7;h77#b7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,k71 by striking and at the end2 7#b7 by redesignating subparagraphs 7,d71 7,e71 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 and 7,l7 as subparagraphs 7,e71 7,f71 7,g71 7,h71 7,i71 7,k71 7,l71 7,m71 and 7,o71 respectively2 7#c7 by inserting after subparagraph 7,c7 the following3 7,d7 a representative from a ,state1 local1 or regional wildlife1 land use1 or resource management agency2 2 7#d7 by inserting after subparagraph 7,i7 7as so redesignated7 the following3 7,j7 an academic researcher who is a biological or ecological scientist with expertise in transportation issues2 2 and 7#e7 by inserting after subparagraph 7,m7 7as so redesignated7 the following3 7,n7 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 species2 and 4 7b7 ,animal detection systems research and development ,section #eaf7;b77#f7 of title #bc1 ,united ,states ,code1 is amended by inserting 1 including animal detection systems to reduce the number of wildlife-vehicle collisions after systems4 #acjji4 ,transportation ,resilience and ,adaptation ,centers of ,excellence 7a7 ,in general ,chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,transportation ,resilience and ,adaptation ,centers of ,excellence 7a7 ,definition of ,center of ,excellence ,in this section1 the term ,center of ,excellence means a ,center of ,excellence for ,resilience and ,adaptation designated under subsection 7b74 7b7 ,designation ,the ,secretary shall designate #aj regional ,centers of ,excellence for ,resilience and ,adaptation and #a national ,center of ,excellence for ,resilience and ,adaptation1 which shall serve as a coordinator for the regional ,centers1 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 transportation4 7c7 ,eligibility ,an entity eligible to be designated as a ,center of ,excellence is-- 7#a7 an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb772 or 7#b7 a consortium of nonprofit organizations led by an institution of higher education4 7d7 ,application ,to be eligible to be designated as a ,center of ,excellence1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a proposal that includes a description of the activities to be carried out with a grant under this section4 7e7 ,selection 7#a7 ,regional ,centers of ,excellence ,the ,secretary shall designate #a regional ,center of ,excellence in each of the #aj ,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 #aigd 7circular ,a-#aje74 7#b7 ,national ,center of ,excellence ,the ,secretary shall designate #a national ,center of ,excellence to coordinate the activities of all #aj regional ,centers of ,excellence to minimize duplication and promote coordination and dissemination of research among the ,centers4 7#c7 ,criteria ,in selecting eligible entities to designate as a ,center of ,excellence1 the ,secretary shall consider-- 7,a7 the past experience and performance of the eligible entity in carrying out activities described in subsection 7g72 7,b7 the merits of the proposal of an eligible entity and the extent to which the proposal would-- 7i7 advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems2 7ii7 support activities carried out under the ,,protect program under section #agf2 7iii7 support and build on work being carried out by another ,federal agency relating to resilience2 7iv7 inform transportation decisionmaking at all levels of government2 7v7 engage local1 regional1 ,tribal1 ,state1 and national stakeholders1 including1 if applicable1 stakeholders representing transportation1 transit1 urban1 and land use planning1 natural resources1 environmental protection1 hazard mitigation1 and emergency management2 and 7vi7 engage community groups and other stakeholders that will be affected by transportation decisions1 including underserved1 economically disadvantaged1 rural1 and predominantly minority communities2 and 7,c7 the local1 regional1 ,tribal1 ,state1 and national impacts of the proposal of the eligible entity4 7f7 ,grants ,subject to the availability of appropriations1 the ,secretary shall provide to each ,center of ,excellence a grant of not less than #e1jjj1jjj for each of fiscal years #bjbb through #bjca to carry out the activities described in subsection 7g74 7g7 ,activities ,in carrying out this section1 the ,secretary shall ensure that a ,center of ,excellence uses the funds from a grant under subsection 7f7 to promote resilient transportation infrastructure1 including through-- 7#a7 supporting climate vulnerability assessments informed by climate change science1 including national climate assessments produced by the ,united ,states ,global ,change ,research ,program under section #ajf of the ,global ,change ,research ,act of #aiij 7#ae ,u4,s4,c4 #bicf71 relevant feasibility analyses of resilient transportation improvements1 and transportation resilience planning2 7#b7 development of new design1 operations1 and maintenance standards for transportation infrastructure that can inform ,federal and ,state decisionmaking2 7#c7 research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure2 7#d7 development1 refinement1 and piloting of new and emerging resilience improvements and strategies1 including natural infrastructure approaches and relocation2 7#e7 development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local1 ,tribal1 regional1 or national stakeholders and communities2 7#f7 technical capacity building to facilitate the ability of local1 regional1 ,tribal1 ,state1 and national stakeholders-- 7,a7 to assess the vulnerability of transportation infrastructure assets and systems2 7,b7 to develop community response strategies2 7,c7 to meaningfully engage with community stakeholders2 and 7,d7 to develop strategies and improvements for enhancing transportation infrastructure resilience under current conditions and a range of potential future conditions2 7#g7 workforce development and training2 7#h7 development and dissemination of data1 tools1 techniques1 assessments1 and information that informs ,federal1 ,state1 ,tribal1 and local government decisionmaking1 policies1 planning1 and investments2 7#i7 education and outreach regarding transportation infrastructure resilience2 and 7#aj7 technology transfer and commercialization4 7h7 ,federal share ,the ,federal share of the cost of an activity under this section1 including the costs of establishing and operating a ,center of ,excellence1 shall be #ej percent4 4 7b7 ,clerical amendment ,the analysis for chapter #e of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #ebj4 ,transportation ,resilience and ,adaptation ,centers of ,excellence4 4 #acjaj4 ,transportation access pilot program 7a7 ,definitions ,in this section3 7#a7 ,metropolitan planning organization ,the term metropolitan planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7#b7 ,state ,the term ,state has the meaning given the term in section #aja7;a7 of title #bc1 ,united ,states ,code4 7#c7 ,surface transportation modes ,the term surface transportation modes means-- 7,a7 driving2 7,b7 public transportation2 7,c7 walking2 7,d7 cycling2 and 7,e7 a combination of any of the modes of transportation described in subparagraphs 7,a7 through 7,d74 7#d7 ,pilot program ,the term pilot program means the transportation pilot program established under subsection 7b74 7#e7 ,regional transportation planning organization ,the term regional transportation planning organization has the meaning given the term in section #acd7;b7 of title #bc1 ,united ,states ,code4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a transportation pilot program4 7c7 ,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-- 7#a7 to improve the transportation planning of those eligible entities by-- 7,a7 measuring the level of access by surface transportation modes to important destinations1 which may include-- 7i7 jobs2 7ii7 health care facilities2 7iii7 child care services2 7iv7 educational and workforce training facilities2 7v7 housing2 7vi7 food sources2 7vii7 points within the supply chain for freight commodities2 7viii7 domestic or international markets2 and 7ix7 connections between surface transportation modes2 and 7,b7 disaggregating the level of access by surface transportation modes by a variety of-- 7i7 population categories1 which may include-- 7,i7 low-income populations2 7,,ii7 minority populations2 7,,iii7 age2 7,,iv7 disability2 and 7,v7 geographical location2 or 7ii7 freight commodities1 which may include-- 7,i7 agricultural commodities2 7,,ii7 raw materials2 7,,iii7 finished products2 and 7,,iv7 energy commodities2 and 7#b7 to assess the change in accessibility that would result from new transportation investments4 7d7 ,eligible entities ,an entity eligible to participate in the pilot program is-- 7#a7 a ,state2 7#b7 a metropolitan planning organization2 or 7#c7 a regional transportation planning organization4 7e7 ,application ,to be eligible to participate in the pilot program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including information relating to-- 7#a7 previous experience of the eligible entity measuring transportation access or other performance management experience1 if applicable2 7#b7 the types of important destinations to which the eligible entity intends to measure access2 7#c7 the types of data disaggregation the eligible entity intends to pursue2 7#d7 a general description of the methodology the eligible entity intends to apply2 and 7#e7 if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant1 a description of the geographic area in which the applicant intends the pilot program to apply4 7f7 ,selection 7#a7 ,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-- 7,a7 ,states2 7,b7 metropolitan planning organizations that serve an area with a population of #bjj1jjj people or fewer2 7,c7 metropolitan planning organizations that serve an area with a population of over #bjj1jjj people2 and 7,d7 regional transportation planning organizations4 7#b7 ,inclusions ,the ,secretary shall seek to ensure that1 among the eligible entities selected under paragraph 7#a71 there is-- 7,a7 a range of capacity and previous experience with measuring transportation access2 and 7,b7 a variety of proposed methodologies and focus areas for measuring level of access4 7g7 ,duties ,for each eligible entity participating in the pilot program1 the ,secretary shall-- 7#a7 develop or acquire an accessibility data set described in subsection 7c72 and 7#b7 submit the data set to the eligible entity4 7h7 ,methodology ,in calculating the measures for the data set under the pilot program1 the ,secretary shall ensure that methodology is open source4 7i7 ,availability ,the ,secretary shall make an accessibility data set under the pilot program available to-- 7#a7 units of local government within the jurisdiction of the eligible entity participating in the pilot program2 and 7#b7 researchers4 7j7 ,report ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 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 program1 including the feasibility of developing and providing periodic accessibility data sets for all ,states1 regions1 and localities4 7k7 ,transportation system access 7#a7 ,in general ,the ,secretary shall establish consistent measures that ,states1 metropolitan planning organizations1 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 7c77#a77;,a74 7#b7 ,savings provision ,nothing in this section provides the ,secretary the authority-- 7,a7 to establish a performance measure or require ,states or metropolitan planning organizations to set a performance target for access as described in paragraph 7#a72 or 7,b7 to establish any other ,federal requirement4 7l7 ,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 ,secretary4 7m7 ,sunset ,the pilot program shall terminate on the date that is #h years after the date on which the pilot program is implemented4 ,,iv ,indian ,affairs #adjja4 ,definition of ,secretary ,in this title1 the term ,secretary means the ,secretary of the ,interior4 #adjjb4 ,environmental reviews for certain tribal transportation facilities 7a7 ,definition of tribal transportation safety project 7#a7 ,in general ,in this section1 the term tribal transportation safety project means a project described in paragraph 7#b7 that is eligible for funding under section #bjb of title #bc1 ,united ,states ,code4 7#b7 ,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 #a or more of the activities described in any of the clauses under section #adh7;a77#d77;,b7 of title #bc1 ,united ,states ,code4 7b7 ,reviews of tribal transportation safety projects 7#a7 ,in general ,the ,secretary or the ,secretary of ,transportation1 as applicable1 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 or any other applicable ,federal law on an expeditious basis using the shortest existing applicable process4 7#b7 ,review of applications ,not later than #de days after the date of receipt of a complete application by an ,indian tribe for approval of a tribal transportation safety project1 the ,secretary or the ,secretary of ,transportation1 as applicable1 shall-- 7,a7 take final action on the application2 or 7,b7 provide the ,indian tribe a schedule for completion of the review described in paragraph 7#a71 including the identification of any other ,federal agency that has jurisdiction with respect to the project4 7#c7 ,decisions under other ,federal laws ,in any case in which a decision under any other ,federal law relating to a tribal transportation safety project 7including the issuance or denial of a permit or license7 is required1 not later than #de days after the ,secretary or the ,secretary of ,transportation1 as applicable1 has made all decisions of the lead agency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the project1 the head of the ,federal agency responsible for the decision shall-- 7,a7 make the applicable decision2 or 7,b7 provide the ,indian tribe a schedule for making the decision4 7#d7 ,extensions ,the ,secretary or the ,secretary of ,transportation1 as applicable1 or the head of the ,federal agency may extend the period under paragraph 7#b7 or 7#c71 as applicable1 by an additional #cj days by providing the ,indian tribe notice of the extension1 including a statement of the need for the extension4 7#e7 ,notification and explanation ,in any case in which a required action is not completed by the deadline under paragraph 7#b71 7#c71 or 7#d71 as applicable1 the ,secretary1 the ,secretary of ,transportation1 or the head of a ,federal agency1 as applicable1 shall-- 7,a7 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 deadline2 and 7,b7 provide to the ,committees described in subparagraph 7,a7 a detailed explanation of the reasons for the failure to comply with the deadline4 #adjjc4 ,programmatic agreements for tribal categorical exclusions 7a7 ,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 #bjb of title #bc1 ,united ,states ,code4 7b7 ,inclusions ,a programmatic agreement under subsection 7a7-- 7#a7 may include an agreement that allows an ,indian tribe to determine1 on behalf of the ,secretary and the ,secretary of ,transportation1 whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 and 7#b7 shall-- 7,a7 require that the ,indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section #aejg4b of title #dj1 ,code of ,federal ,regulations 7or successor regulations72 7,b7 set forth the responsibilities of the ,indian tribe for making categorical exclusion determinations1 documenting the determinations1 and achieving acceptable quality control and quality assurance2 7,c7 allow-- 7i7 the ,secretary and the ,secretary of ,transportation to monitor compliance of the ,indian tribe with the terms of the agreement2 and 7ii7 the ,indian tribe to execute any needed corrective action2 7,d7 contain stipulations for amendments1 termination1 and public availability of the agreement once the agreement has been executed2 and 7,e7 have a term of not more than #e years1 with an option for renewal based on a review by the ,secretary and the ,secretary of ,transportation of the performance of the ,indian tribe4 #adjjd4 ,use of certain tribal transportation funds ,section #bjb7;d7 of title #bc1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,use of funds ,funds made available to carry out this subsection shall be used-- 7,a7 to carry out any planning1 design1 engineering1 preconstruction1 construction1 and inspection of new or replacement tribal transportation facility bridges2 7,b7 to replace1 rehabilitate1 seismically retrofit1 paint1 apply calcium magnesium acetate1 sodium acetate_/formate1 or other environmentally acceptable1 minimally corrosive anti-icing and deicing composition2 or 7,c7 to implement any countermeasure for tribal transportation facility bridges classified as in poor condition1 having a low load capacity1 or needing geometric improvements1 including multiple-pipe culverts4 4 #adjje4 ,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-- 7#a7 #ej1jjj1jjj for fiscal year #bjbb2 7#b7 #eb1jjj1jjj for fiscal year #bjbc2 7#c7 #ed1jjj1jjj for fiscal year #bjbd2 7#d7 #ef1jjj1jjj for fiscal year #bjbe2 and 7#e7 #eh1jjj1jjj for fiscal year #bjbf4 #adjjf4 ,study of road maintenance on ,indian land 7a7 ,definitions ,in this section3 7#a7 ,indian land ,the term ,indian land has the meaning given the term ,indian lands in section #c of the ,native ,american ,business ,development1 ,trade ,promotion1 and ,tourism ,act of #bjjj 7#be ,u4,s4,c4 #dcjb74 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,road ,the term road means a road managed in whole or in part by the ,bureau of ,indian ,affairs4 7#d7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,assistant ,secretary for ,indian ,affairs4 7b7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,transportation1 shall carry out a study to evaluate-- 7#a7 the long-term viability and useful life of existing roads on ,indian land2 7#b7 any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on ,indian land2 7#c7 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 land2 and 7#d7 recommendations on how to implement efforts to coordinate with ,states1 counties1 municipalities1 and other units of local government to maintain roads on ,indian land4 7c7 ,tribal consultation and input ,before beginning the study under subsection 7b71 the ,secretary shall-- 7#a7 consult with any ,indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the ,bureau of ,indian ,affairs2 and 7#b7 solicit and consider the input1 comments1 and recommendations of the ,indian tribes described in paragraph 7#a74 7d7 ,report ,on completion of the study under subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,transportation1 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 study4 7e7 ,status report ,not later than #b years after the date of enactment of this ,act1 and not less frequently than every #b years thereafter1 the ,secretary1 in consultation with the ,secretary of ,transportation1 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 that includes a description of-- 7#a7 the progress made toward addressing the deferred maintenance needs of the roads on ,indian land1 including a list of projects funded during the fiscal period covered by the report2 7#b7 the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs2 7#c7 the remaining needs of any of the projects referred to in paragraph 7#a72 7#d7 how the goals described in subsection 7b7 have been met1 including-- 7,a7 an identification and assessment of any deficiencies or shortfalls in meeting the goals2 and 7,b7 a plan to address the deficiencies or shortfalls in meeting the goals2 and 7#e7 any other issues or recommendations provided by an ,indian tribe under the consultation and input process under subsection 7c7 that the ,secretary determines to be appropriate4 #adjjg4 ,maintenance of certain ,indian reservation roads ,the ,commissioner of ,u4,s4 ,customs and ,border ,protection may transfer funds to the ,director of the ,bureau of ,indian ,affairs to maintain1 repair1 or reconstruct roads under the jurisdiction of the ,director1 subject to the condition that the ,commissioner and the ,director shall mutually agree that the primary user of the subject road is ,u4,s4 ,customs and ,border ,protection4 #adjjh4 ,tribal transportation safety needs 7a7 ,definitions ,in this section3 7#a7 ,alaska ,native ,the term ,alaska ,native has the meaning given the term ,native in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#b7 ,alaska ,native village ,the term ,alaska ,native village has the meaning given the term ,native village in section #c of the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afjb74 7#c7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7b7 ,best practices1 standardized crash report form 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation1 in consultation with the ,secretary1 ,indian tribes1 ,alaska ,native villages1 and ,state departments of transportation shall develop-- 7,a7 best practices for the compiling1 analysis1 and sharing of motor vehicle crash data for crashes occurring on ,indian reservations and in ,alaska ,native communities2 and 7,b7 a standardized form for use by ,indian tribes and ,alaska ,native communities to carry out those best practices4 7#b7 ,purpose ,the purpose of the best practices and standardized form developed under paragraph 7#a7 shall be to improve the quality and quantity of crash data available to and used by the ,federal ,highway ,administration1 ,state departments of transportation1 ,indian tribes1 and ,alaska ,native villages4 7#c7 ,report ,on completion of the development of the best practices and standardized form under paragraph 7#a71 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 form4 7c7 ,use of ,,imars ,the ,director of the ,bureau of ,indian ,affairs shall require all law enforcement offices of the ,bureau1 for the purpose of reporting motor vehicle crash data for crashes occurring on ,indian reservations and in ,alaska ,native communities-- 7#a7 to use the crash report form of the applicable ,state2 and 7#b7 to upload the information on that form to the ,incident ,management ,analysis and ,reporting ,system 7,,imars7 of the ,department of the ,interior4 7d7 ,tribal ,transportation ,program safety funding ,section #bjb7;e77#a7 of title #bc1 ,united ,states ,code1 is amended by striking #b percent and inserting #d percent4 #adjji4 ,office of ,tribal ,government ,affairs ,section #ajb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #f ,assistant and inserting #g ,assistant2 7,b7 in subparagraph 7,c71 by striking and after the semicolon2 7,c7 by redesignating subparagraph 7,d7 as subparagraph 7,e72 and 7,d7 by inserting after subparagraph 7,c7 the following3 7,d7 an ,assistant ,secretary for ,tribal ,government ,affairs1 who shall be appointed by the ,president2 and 2 and 7#b7 in subsection 7f71 by striking the subsection designation and heading and all that follows through the end of paragraph 7#a7 and inserting the following3 7f7 ,office of ,tribal ,government ,affairs 7#a7 ,establishment ,there is established in the ,department an ,office of ,tribal ,government ,affairs1 under the ,assistant ,secretary for ,tribal ,government ,affairs-- 7,a7 to oversee the tribal self-governance program under section #bjg of title #bc2 7,b7 to plan1 coordinate1 and implement policies and programs serving ,indian ,tribes and ,tribal organizations2 7,c7 to coordinate ,tribal transportation programs and activities in all offices and administrations of the ,department2 and 7,d7 to be a participant in any negotiated rulemakings relating to1 or having an impact on1 projects1 programs1 or funding associated with the ,tribal transportation program under section #bjb of title #bc4 4 ,b ,surface ,transportation ,investment ,act of #bjba #bjjja4 ,short title ,this division may be cited as the ,surface ,transportation ,investment ,act of #bjba4 #bjjjb4 ,definitions ,in this division3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 ,i ,multimodal and freight transportation ,a ,multimodal freight policy #baaja4 ,office of ,multimodal ,freight ,infrastructure and ,policy 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #aah4 ,office of ,multimodal ,freight ,infrastructure and ,policy 7a7 ,definitions ,in this section3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,freight office ,the term ,freight ,office means the ,office of ,multimodal ,freight ,infrastructure and ,policy established under subsection 7b74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,establishment ,the ,secretary shall establish within the ,department an ,office of ,multimodal ,freight ,infrastructure and ,policy4 7c7 ,purposes ,the purposes of the ,freight ,office shall be-- 7#a7 to carry out the national multimodal freight policy described in section #gjaja2 7#b7 to administer and oversee certain multimodal freight grant programs within the ,department in accordance with subsection 7d72 7#c7 to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues2 7#d7 to conduct research on improving multimodal freight mobility1 and to oversee the freight research activities of the various agencies within the ,department2 7#e7 to assist cities and ,states in developing freight mobility and supply chain expertise2 7#f7 to liaise and coordinate with other ,federal departments and agencies2 and 7#g7 to carry out other duties1 as prescribed by the ,secretary4 7d7 ,administration of policies and programs ,the ,freight ,office shall-- 7#a7 develop and manage-- 7,a7 the national freight strategic plan described in section #gjajb2 and 7,b7 the ,national ,multimodal ,freight ,network established under section #gjajc2 7#b7 7,a7 oversee the development and updating of the ,state freight plans described in section #gjbjb2 and 7,b7 provide guidance or best practices relating to the development and updating of ,state freight plans under that section2 7#c7 7,a7 administer multimodal freight grant programs1 including multimodal freight grants established under section #aag of title #bc2 and 7,b7 establish procedures for analyzing and evaluating applications for grants under those programs2 7#d7 assist ,states in the establishment of-- 7,a7 ,state freight advisory committees under section #gjbja2 and 7,b7 multi-,state freight mobility compacts under section #gjbjd2 and 7#e7 provide to the ,bureau of ,transportation ,statistics input regarding freight data and planning tools4 7e7 ,assistant ,secretary 7#a7 ,in general ,the ,freight ,office shall be headed by an ,assistant ,secretary for ,multimodal ,freight1 who shall-- 7,a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 and 7,b7 have professional standing and demonstrated knowledge in the field of freight transportation4 7#b7 ,duties ,the ,assistant ,secretary shall-- 7,a7 report to the ,under ,secretary of ,transportation for ,policy2 7,b7 be responsible for the management and oversight of the activities1 decisions1 operations1 and personnel of the ,freight ,office2 7,c7 work with the modal administrations of the ,department to encourage multimodal collaboration2 and 7,d7 carry out such additional duties as the ,secretary may prescribe4 7f7 ,consolidation and elimination of duplicative offices 7#a7 ,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 duties1 responsibilities1 resources1 or expertise that support the purposes of the ,freight ,office4 7#b7 ,elimination of offices ,the ,secretary may eliminate any office within the ,department if the ,secretary determines that-- 7,a7 the purposes of the office are duplicative of the purposes of the ,freight ,office2 7,b7 the office or the functions of the office have been substantially consolidated with the ,freight ,office pursuant to paragraph 7#a72 7,c7 the elimination of the office will not adversely affect the requirements of the ,secretary under any ,federal law2 and 7,d7 the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office4 7g7 ,staffing and budgetary resources 7#a7 ,in general ,the ,secretary shall ensure that the ,freight ,office is adequately staffed and funded4 7#b7 ,staffing 7,a7 ,transfer of positions to ,freight ,office ,subject to subparagraph 7,b71 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 ,office4 7,b7 ,requirement ,if the ,secretary transfers a position to the ,freight ,office pursuant to subparagraph 7,a71 the ,secretary1 in coordination with the appropriate modal administration of the ,department1 shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any ,federal law4 7#c7 ,budgetary resources 7,a7 ,transfer of funds from consolidated or eliminated offices 7i7 ,in general ,to carry out the purposes of the ,freight ,office1 the ,secretary may transfer to the ,freight ,office from any office or office function that is consolidated or eliminated under subsection 7f7 any funds allocated for the consolidated or eliminated office or office function4 7ii7 ,retransfer ,any portion of any funds or limitations of obligations transferred to the ,freight ,office pursuant to clause 7i7 may be transferred back to1 and merged with1 the original account4 7,b7 ,transfer of funds allocated for administrative costs 7i7 ,in general ,the ,secretary may transfer to the ,freight ,office any funds allocated for the administrative costs of the programs referred to in subsection 7d77#c74 7ii7 ,retransfer ,any portion of any funds or limitations of obligations transferred to the ,freight ,office pursuant to clause 7i7 may be transferred back to1 and merged with1 the original account4 7h7 ,website 7#a7 ,description of ,freight ,office ,the ,secretary shall make publicly available on the website of the ,department a description of the ,freight ,office1 including a description of-- 7,a7 the programs managed or made available by the ,freight ,office2 and 7,b7 the eligibility requirements for those programs4 7#b7 ,clearinghouse ,the ,secretary may establish a clearinghouse for tools1 templates1 guidance1 and best practices on a page of the website of the ,department that supports the purposes of this section4 7i7 ,notification to ,congress ,not later than #a year after the date of enactment of this section1 and not less frequently than once every #ahj days thereafter until the date on which the ,secretary determines that the requirements of this section have been met1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a notification that-- 7#a7 describes-- 7,a7 the programs and activities administered or overseen by the ,freight ,office2 and 7,b7 the status of those programs and activities2 7#b7 identifies-- 7,a7 the number of employees working in the ,freight ,office as of the date of the notification2 7,b7 the total number of employees expected to join the ,freight ,office to support the programs and activities described in paragraph 7#a72 and 7,c7 the total number of positions that1 as a result of the consolidation of offices under this section1 were-- 7i7 eliminated2 or 7ii7 transferred1 assigned1 or joined to the ,freight ,office2 7#c7 7,a7 indicates whether the ,secretary has consolidated into the ,freight ,office any office or office function pursuant to subsection 7f77#a72 and 7,b7 if the ,secretary has consolidated such an office or function1 describes the rationale for the consolidation2 7#d7 7,a7 indicates whether the ,secretary has eliminated any office pursuant to subsection 7f77#b72 and 7,b7 if the ,secretary has eliminated such an office1 describes the rationale for the elimination2 7#e7 describes any other actions carried out by the ,secretary to implement this section2 and 7#f7 describes any recommendations of the ,secretary for legislation that may be needed to further implement this section4 7j7 ,savings provisions 7#a7 ,effect on other law ,except as otherwise provided in this section1 nothing in this section alters or affects any law 7including regulations7 with respect to a program referred to in subsection 7d74 7#b7 ,effect on responsibilities of other agencies ,except as otherwise provided in this section1 nothing in this section abrogates the responsibilities of any agency1 operating administration1 or office within the ,department that is otherwise charged by law 7including regulations7 with any aspect of program administration1 oversight1 or project approval or implementation with respect to a program or project subject to the responsibilities of the ,freight ,office under this section4 7#c7 ,effect on pending applications ,nothing in this section affects any pending application under a program referred to in subsection 7d7 that was received by the ,secretary on or before the date of enactment of the ,surface ,transportation ,investment ,act of #bjba4 7k7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 7#b7 ,certain activities ,authorizations under subsections 7f7 and 7g7 are subject to appropriations4 4 7b7 ,,gao review ,the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a review of the activities carried out by the ,secretary pursuant to section #aah of title #di1 ,united ,states ,code2 and 7#b7 develop recommendations regarding additional activities-- 7,a7 to improve the consolidation of duplicative functions within the ,department2 and 7,b7 to promote increased staff efficiency for program management within the ,department4 7c7 ,clerical amendment ,the analysis for chapter #a of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #aag the following3 #aah4 ,office of ,multimodal ,freight ,infrastructure and ,policy4 4 7d7 ,conforming amendments 7#a7 ,section #gjaja7;c7 of title #di1 ,united ,states ,code1 is amended1 in the matter preceding paragraph 7#a71 by striking ,under ,secretary of ,transportation for ,policy and inserting ,assistant ,secretary for ,multimodal ,freight4 7#b7 ,section #gjajb of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,not later and all that follows through the ,under ,secretary of ,transportation for ,policy and inserting ,the ,assistant ,secretary for ,multimodal ,freight 7referred to in this section as the ,assistant ,secretary72 7,b7 in subsection 7b77#d71 in the matter preceding subparagraph 7,a71 by striking ,under ,secretary and inserting ,assistant ,secretary2 7,c7 in subsection 7c71 by striking ,under ,secretary and inserting ,assistant ,secretary2 and 7,d7 in subsection 7d71 in the matter preceding paragraph 7#a71 by striking ,under ,secretary and inserting ,assistant ,secretary4 7#c7 ,section #gjajc of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,under ,secretary of ,transportation for ,policy and inserting ,assistant ,secretary for ,multimodal ,freight 7referred to in this section as the ,assistant ,secretary72 7,b7 by striking subsection 7b72 7,c7 by redesignating subsections 7c7 and 7d7 as subsections 7b7 and 7c71 respectively2 7,d7 in subsection 7b7 7as so redesignated7-- 7i7 in the subsection heading1 by striking ,final ,network and inserting ,designation of ,national ,multimodal ,freight ,network2 7ii7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking ,not later and all that follows through ,under ,secretary and inserting ,the ,assistant ,secretary2 7iii7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by striking ,under ,secretary and inserting ,assistant ,secretary2 and 7iv7 in paragraph 7#c71 in the matter preceding subparagraph 7,a71 by striking ,under ,secretary and inserting ,assistant ,secretary2 and 7,e7 in subsection 7c7 7as so redesignated7-- 7i7 by striking subsection 7c7 each place it appears and inserting subsection 7b72 and 7ii7 by striking ,under ,secretary and inserting ,assistant ,secretary4 7#d7 ,section #aaf7;d77#a7 of title #di1 ,united ,states ,code1 is amended by striking subparagraph 7,d74 #baajb4 ,updates to ,national ,freight ,plan ,section #gjajb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#aj71 by striking and at the end2 7#b7 in paragraph 7#aa71 by striking the period at the end and inserting a semicolon2 and 7#c7 by adding at the end the following3 7#ab7 best practices for reducing environmental impacts of freight movement 7including reducing local air pollution from freight movement1 stormwater runoff1 and wildlife habitat loss resulting from freight facilities1 freight vehicles1 or freight activity72 7#ac7 possible strategies to increase the resilience of the freight system1 including the ability to anticipate1 prepare for1 or adapt to conditions1 or withstand1 respond to1 or recover rapidly from disruptions1 including extreme weather and natural disasters2 7#ad7 strategies to promote ,united ,states economic growth and international competitiveness2 7#ae7 consideration of any potential unique impacts of the national freight system on rural and other underserved and historically disadvantaged communities2 7#af7 strategies for decarbonizing freight movement1 as appropriate2 and 7#ag7 consideration of the impacts of e-commerce on the national multimodal freight system4 4 #baajc4 ,state collaboration with ,national ,multimodal ,freight ,network ,subsection 7b7 of section #gjajc of title #di1 ,united ,states ,code 7as redesignated by section #baaja7;d77#c77;,c771 is amended-- 7#a7 in paragraph 7#c71 by striking subparagraph 7,c7 and inserting the following3 7,c7 provide to the ,states an opportunity to submit proposed designations from the ,states in accordance with paragraph 7#d74 2 and 7#b7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c77i71 by striking #bj percent and inserting #cj percent2 and 7,b7 by adding at the end the following3 7,e7 ,condition for acceptance ,the ,secretary shall accept from a ,state a designation under subparagraph 7,d7 only if the ,secretary determines that the designation meets the applicable requirements of subparagraph 7,a74 4 #baajd4 ,improving ,state freight plans 7a7 ,in general ,section #gjbjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#i71 by striking and at the end2 7,b7 by redesignating paragraph 7#aj7 as paragraph 7#ag72 and 7,c7 by inserting after paragraph 7#i7 the following3 7#aj7 the most recent commercial motor vehicle parking facilities assessment conducted by the ,state under subsection 7f72 7#aa7 the most recent supply chain cargo flows in the ,state1 expressed by mode of transportation2 7#ab7 an inventory of commercial ports in the ,state2 7#ac7 if applicable1 consideration of the findings or recommendations made by any multi-,state freight compact to which the ,state is a party under section #gjbjd2 7#ad7 the impacts of e-commerce on freight infrastructure in the ,state2 7#ae7 considerations of military freight2 7#af7 strategies and goals to decrease-- 7,a7 the severity of impacts of extreme weather and natural disasters on freight mobility2 7,b7 the impacts of freight movement on local air pollution2 7,c7 the impacts of freight movement on flooding and stormwater runoff2 and 7,d7 the impacts of freight movement on wildlife habitat loss2 and 2 and 7#b7 by adding at the end the following3 7f7 ,commercial motor vehicle parking facilities assessments ,as part of the development or updating1 as applicable1 of a ,state freight plan under this section1 each ,state that receives funding under section #afg of title #bc1 in consultation with relevant ,state motor carrier safety personnel1 shall conduct an assessment of-- 7#a7 the capability of the ,state1 together with the private sector in the ,state1 to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation2 7#b7 the volume of commercial motor vehicle traffic in the ,state2 and 7#c7 whether there exist any areas within the ,state with a shortage of adequate commercial motor vehicle parking facilities1 including an analysis 7economic or otherwise1 as the ,state determines to be appropriate7 of the underlying causes of such a shortage4 7g7 ,priority ,each ,state freight plan under this section shall include a requirement that the ,state1 in carrying out activities under the ,state freight plan-- 7#a7 enhance reliability or redundancy of freight transportation2 or 7#b7 incorporate the ability to rapidly restore access and reliability with respect to freight transportation4 7h7 ,approval 7#a7 ,in general ,the ,secretary of ,transportation shall approve a ,state freight plan described in subsection 7a7 if the plan achieves compliance with the requirements of this section4 7#b7 ,savings provision ,nothing in this subsection establishes new procedural requirements for the approval of a ,state freight plan described in subsection 7a74 4 7b7 ,studies ,for the purpose of facilitating the integration of intelligent transportation systems into the freight transportation network powered by electricity1 the ,secretary1 acting through the ,assistant ,secretary for ,multimodal ,freight1 shall conduct a study relating to-- 7#a7 preparing to supply power to applicable electrical freight infrastructure2 and 7#b7 safely integrating freight into intelligent transportation systems4 7c7 ,alignment of transportation planning ,section #gjbjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d71 by striking #e-year and inserting #h-year2 and 7#b7 in subsection 7e77#a71 by striking #e years and inserting #d years4 #baaje4 ,implementation of ,national ,multimodal ,freight ,network ,not later than #cj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7#a7 describes the status of the designation of the final ,national ,multimodal ,freight ,network required under section #gjajc of title #di1 ,united ,states ,code2 7#b7 explains the reasons why the designation of the network referred to in paragraph 7#a7 has not been finalized1 if applicable2 and 7#c7 estimates the date by which that network will be designated4 #baajf4 ,multi-,state freight corridor planning 7a7 ,in general ,chapter #gjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating section #gjbjd as section #gjbjf2 and 7#b7 by inserting after section #gjbjc the following3 #gjbjd4 ,multi-,state freight corridor planning 7a7 ,consent to multi-,state freight mobility compacts ,congress recognizes the right of ,states1 cities1 regional planning organizations1 federally recognized ,indian ,tribes1 and local public authorities 7including public port authorities7 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 goods1 including-- 7#a7 identifying projects along the corridor that benefit multiple ,states2 7#b7 assembling rights-of-way2 and 7#c7 performing capital improvements4 7b7 ,financing ,a multi-,state freight compact established by entities under subsection 7a7 may provide that1 in order to carry out the compact1 the relevant ,states or other entities may-- 7#a7 accept contributions from a unit of ,state or local government2 7#b7 use any ,federal or ,state funds made available for freight mobility infrastructure planning or construction1 including applying for grants2 7#c7 subject to such terms and conditions as the ,states consider to be advisable-- 7,a7 borrow money on a short-term basis2 and 7,b7 issue-- 7i7 notes for borrowing under subparagraph 7,a72 and 7ii7 bonds2 and 7#d7 obtain financing by other means permitted under applicable ,federal or ,state law4 7c7 ,advisory committees 7#a7 ,in general ,a multi-,state freight compact under this section may establish a multi-,state freight corridor advisory committee1 which shall include representatives of ,state departments of transportation and other public and private sector entities with an interest in freight mobility1 such as-- 7,a7 ports2 7,b7 freight railroads2 7,c7 shippers2 7,d7 carriers2 7,e7 freight-related associations2 7,f7 third-party logistics providers2 7,g7 the freight industry workforce2 7,h7 environmental organizations2 7,i7 community organizations2 and 7,j7 units of local government4 7#b7 ,activities ,an advisory committee established under paragraph 7#a7 may-- 7,a7 advise the parties to the applicable multi-,state freight compact with respect to freight-related priorities1 issues1 projects1 and funding needs that impact multi-,state-- 7i7 freight mobility2 and 7ii7 supply chains2 7,b7 serve as a forum for ,states1 ,indian ,tribes1 and other public entities to discuss decisions affecting freight mobility2 7,c7 communicate and coordinate multi-,state freight priorities with other organizations2 7,d7 promote the sharing of information between the private and public sectors with respect to freight issues2 and 7,e7 provide information for consideration in the development of ,state freight plans under section #gjbjb4 7d7 ,grants 7#a7 ,establishment ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish a program under which the ,secretary shall provide grants to multi-,state freight compacts1 or ,states seeking to form a multi-,state freight compact1 that seek to improve a route or corridor that is a part of the ,national ,multimodal ,freight ,network established under section #gjajc4 7#b7 ,new compacts 7,a7 ,in general ,to incentivize the establishment of multi-,state freight compacts1 the ,secretary may award a grant for operations costs in an amount of not more than #b1jjj1jjj to-- 7i7 a multi-,state freight compact established under subsection 7a7 during the #b-year period beginning on the date of establishment of the multi-,state freight compact2 or 7ii7 ,states seeking to form a multi-,state freight compact described in that subsection4 7,b7 ,eligibility 7i7 ,new multi-,state freight compacts ,a multi-,state freight compact shall be eligible for a grant under this paragraph only during the initial #b years of operation of the compact4 7ii7 ,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-- 7,i7 the #b-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 ,secretary2 or 7,,ii7 if the compact is formed before the date on which a grant under this paragraph is awarded in accordance with subclause 7,i71 the initial #b years of operation of the compact4 7,c7 ,requirements ,to be eligible to receive a grant under this paragraph1 a multi-,state freight compact or the applicable ,states seeking to form a multi-,state freight compact shall-- 7i7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require2 7ii7 provide a non-,federal match equal to not less than #be percent of the operating costs of the multi-,state freight compact2 and 7iii7 commit to establishing a multi-,state freight corridor advisory committee under subsection 7c77#a7 during the initial #b-year period of operation of the compact4 7#c7 ,existing compacts 7,a7 ,in general ,the ,secretary may award a grant to multi-,state freight compacts that are not eligible to receive a grant under paragraph 7#b7 for operations costs in an amount of not more than #a1jjj1jjj4 7,b7 ,requirements ,to be eligible to receive a grant under this paragraph1 a multi-,state freight compact shall-- 7i7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require2 7ii7 provide a non-,federal match of not less than #ej percent of the operating costs of the compact2 and 7iii7 demonstrate that the compact has established a multi-,state freight corridor advisory committee under subsection 7c77#a74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #e1jjj1jjj for each fiscal year to carry out this subsection4 4 7b7 ,clerical amendment ,the analysis for chapter #gjb of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #gjbjd and inserting the following3 #gjbjd4 ,multi-,state freight corridor planning4 #gjbjf4 ,savings provision4 4 #baajg4 ,state freight advisory committees ,section #gjbja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking representatives of ports1 freight railroads1 and all that follows through the period at the end and inserting the following3 8representatives of-- 7#a7 ports1 if applicable2 7#b7 freight railroads1 if applicable2 7#c7 shippers2 7#d7 carriers2 7#e7 freight-related associations2 7#f7 third-party logistics providers2 7#g7 the freight industry workforce2 7#h7 the transportation department of the ,state2 7#i7 metropolitan planning organizations2 7#aj7 local governments2 7#aa7 the environmental protection department of the ,state1 if applicable2 7#ab7 the air resources board of the ,state1 if applicable2 7#ac7 economic development agencies of the ,state2 and 7#ad7 not-for-profit organizations or community organizations4 2 7#b7 in subsection 7b77#e71 by striking #gjbjb4 and inserting #gjbjb1 including by providing advice regarding the development of the freight investment plan42 7#c7 by redesignating subsection 7b7 as subsection 7c72 and 7#d7 by inserting after subsection 7a7 the following3 7b7 ,qualifications ,each member of a freight advisory committee established under subsection 7a7 shall have qualifications sufficient to serve on a freight advisory committee1 including1 as applicable-- 7#a7 general business and financial experience2 7#b7 experience or qualifications in the areas of freight transportation and logistics2 7#c7 experience in transportation planning2 7#d7 experience representing employees of the freight industry2 7#e7 experience representing a ,state1 local government1 or metropolitan planning organization2 or 7#f7 experience representing the views of a community group or not-for-profit organization4 4 ,b ,multimodal investment #babja4 ,national infrastructure project assistance ,subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fg ,multimodal infrastructure investments #fgja4 ,national infrastructure project assistance4 #fgjb4 ,local and regional project assistance4 #fgja4 ,national infrastructure project assistance 7a7 ,definitions ,in this section3 7#a7 ,department ,the term ,department means the ,department of ,transportation4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state or a group of ,states2 7,b7 a metropolitan planning organization2 7,c7 a unit of local government2 7,d7 a political subdivision of a ,state2 7,e7 a special purpose district or public authority with a transportation function1 including a port authority2 7,f7 a ,tribal government or a consortium of ,tribal governments2 7,g7 a partnership between ,amtrak and #a or more entities described in subparagraphs 7,a7 through 7,f72 and 7,h7 a group of entities described in any of subparagraphs 7,a7 through 7,g74 7#c7 ,program ,the term program means the program established by subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#e7 ,state ,the term ,state means-- 7,a7 any of the several ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,commonwealth of the ,northern ,mariana ,islands2 7,e7 the ,united ,states ,virgin ,islands2 7,f7 ,guam2 7,g7 ,american ,samoa2 and 7,h7 any other territory or possession of the ,united ,states4 7b7 ,establishment ,there is established a program under which the ,secretary shall provide to eligible entities grants1 on a competitive basis pursuant to single-year or multiyear grant agreements1 for projects described in subsection 7d74 7c7 ,applications 7#a7 ,in general ,to be eligible for a grant under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7#b7 ,plan for data collection ,an application under paragraph 7#a7 shall include a plan for data collection and analysis described in subsection 7g74 7d7 ,eligible projects ,the ,secretary may provide a grant under the program only for a project-- 7#a7 that is-- 7,a7 a highway or bridge project carried out on-- 7i7 the ,national ,multimodal ,freight ,network established under section #gjajc2 7ii7 the ,national ,highway ,freight ,network established under section #afg of title #bc2 or 7iii7 the ,national ,highway ,system 7as defined in section #aja7;a7 of title #bc72 7,b7 a freight intermodal 7including public ports7 or freight rail project that provides a public benefit2 7,c7 a railway-highway grade separation or elimination project2 7,d7 an intercity passenger rail project2 7,e7 a public transportation project that is-- 7i7 eligible for assistance under chapter #ec2 and 7ii7 part of a project described in any of subparagraphs 7,a7 through 7,d72 or 7,f7 a grouping1 combination1 or program of interrelated1 connected1 or dependent projects of any of the projects described in subparagraphs 7,a7 through 7,e72 and 7#b7 the eligible project costs of which are-- 7,a7 reasonably anticipated to equal or exceed #ejj1jjj1jjj2 or 7,b7 for any project funded by the set-aside under subsection 7m77#b7-- 7i7 more than #ajj1jjj1jjj2 but 7ii7 less than #ejj1jjj1jjj4 7e7 ,geographical distribution ,in providing grants under this section1 the ,secretary shall ensure among grant recipients-- 7#a7 geographical diversity2 and 7#b7 a balance between rural and urban communities4 7f7 ,project evaluation and selection 7#a7 ,requirements ,the ,secretary may select a project described in subsection 7d7 to receive a grant under the program only if the ,secretary determines that-- 7,a7 the project is likely to generate national or regional economic1 mobility1 or safety benefits2 7,b7 the project is in need of significant ,federal funding2 7,c7 the project will be cost-effective2 7,d7 with respect to related non-,federal financial commitments1 #a or more stable and dependable sources of funding and financing are available-- 7i7 to construct1 operate1 and maintain the project2 and 7ii7 to cover cost increases2 and 7,e7 the applicant has1 or will have1 sufficient legal1 financial1 and technical capacity to carry out the project4 7#b7 ,evaluation criteria ,in awarding a grant under the program1 the ,secretary shall evaluate-- 7,a7 the extent to which a project supports achieving a state of good repair for each existing asset to be improved by the project2 7,b7 the level of benefits a project is expected to generate1 including-- 7i7 the costs avoided by the prevention of closure or reduced use of the asset to be improved by the project2 7ii7 reductions in maintenance costs over the life of the applicable asset2 7iii7 safety benefits1 including the reduction of serious injuries and fatalities and related costs2 7iv7 improved person or freight throughput1 including improved mobility and reliability2 and 7v7 environmental benefits and health impacts1 such as-- 7,i7 reductions in greenhouse gas emissions2 7,,ii7 air quality benefits2 7,,iii7 preventing stormwater runoff that would be a detriment to aquatic species2 and 7,,iv7 improved infrastructure resilience2 7,c7 the benefits of the project1 as compared to the costs of the project2 7,d7 the number of persons or volume of freight1 as applicable1 supported by the project2 and 7,e7 national and regional economic benefits of the project1 including with respect to short- and long-term job access1 growth1 or creation4 7#c7 ,additional considerations ,in selecting projects to receive grants under the program1 the ,secretary shall take into consideration-- 7,a7 contributions to geographical diversity among grant recipients1 including a balance between the needs of rural and urban communities2 7,b7 whether multiple ,states would benefit from a project2 7,c7 whether1 and the degree to which1 a project uses-- 7i7 construction materials or approaches that have-- 7,i7 demonstrated reductions in greenhouse gas emissions2 or 7,,ii7 reduced the need for maintenance of other projects2 or 7ii7 technologies that will allow for future connectivity and automation2 7,d7 whether a project would benefit-- 7i7 a historically disadvantaged community or population2 or 7ii7 an area of persistent poverty2 7,e7 whether a project benefits users of multiple modes of transportation1 including-- 7i7 pedestrians2 7ii7 bicyclists2 and 7iii7 users of nonvehicular rail and public transportation1 including intercity and commuter rail2 and 7,f7 whether a project improves connectivity between modes of transportation moving persons or goods nationally or regionally4 7#d7 ,ratings 7,a7 ,in general ,in evaluating applications for a grant under the program1 the ,secretary shall assign the project proposed in the application a rating described in subparagraph 7,b71 based on the information contained in the applicable notice published under paragraph 7#e74 7,b7 ,ratings 7i7 ,highly recommended ,the ,secretary shall assign a rating of highly recommended to projects that1 in the determination of the ,secretary-- 7,i7 are exemplary projects of national or regional significance2 and 7,,ii7 would provide significant public benefit1 as determined based on the applicable criteria described in this subsection1 if funded under the program4 7ii7 ,recommended ,the ,secretary shall assign a rating of recommended to projects that1 in the determination of the ,secretary-- 7,i7 are of national or regional significance2 and 7,,ii7 would provide public benefit1 as determined based on the applicable criteria described in this subsection1 if funded under the program4 7iii7 ,not recommended ,the ,secretary shall assign a rating of not recommended to projects that1 in the determination of the ,secretary1 should not receive a grant under the program1 based on the applicable criteria described in this subsection4 7,c7 ,technical assistance 7i7 ,in general ,on request of an eligible entity that submitted an application under subsection 7c7 for a project that is not selected to receive a grant under the program1 the ,secretary shall provide to the eligible entity technical assistance and briefings relating to the project4 7ii7 ,treatment ,technical assistance provided under this subparagraph shall not be considered a guarantee of future selection of the applicable project under the program4 7#e7 ,publication of project evaluation and selection criteria ,not later than #ij days after the date of enactment of this chapter1 the ,secretary shall publish and make publicly available on the website of the ,department a notice that contains a detailed explanation of-- 7,a7 the method by which the ,secretary will determine whether a project satisfies the applicable requirements described in paragraph 7#a72 7,b7 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 7#b7 and 7#c72 and 7,c7 the means by which the project requirements and ratings referred to in subparagraphs 7,a7 and 7,b7 will be used to assign an overall rating for the project under paragraph 7#d74 7#f7 ,project selection priority ,in awarding grants under the program1 the ,secretary shall give priority to projects to which the ,secretary has assigned a rating of highly recommended under paragraph 7#d77;,b77i74 7g7 ,data collection and analysis 7#a7 ,plan 7,a7 ,in general ,an eligible entity seeking a grant under the program shall submit to the ,secretary1 together with the grant application1 a plan for the collection and analysis of data to identify in accordance with the framework established under paragraph 7#b7-- 7i7 the impacts of the project2 and 7ii7 the accuracy of any forecast prepared during the development phase of the project and included in the grant application4 7,b7 ,contents ,a plan under subparagraph 7,a7 shall include-- 7i7 an approach to measuring-- 7,i7 the criteria described in subsection 7f77#b72 and 7,,ii7 if applicable1 the additional requirements described in subsection 7f77#c72 7ii7 an approach for analyzing the consistency of predicted project characteristics with actual outcomes2 and 7iii7 any other elements that the ,secretary determines to be necessary4 7#b7 ,framework ,the ,secretary may publish a standardized framework for the contents of the plans under paragraph 7#a71 which may include1 as appropriate-- 7,a7 standardized forecasting and measurement approaches2 7,b7 data storage system requirements2 and 7,c7 any other requirements the ,secretary determines to be necessary to carry out this section4 7#c7 ,multiyear grant agreements ,the ,secretary shall require an eligible entity1 as a condition of receiving funding pursuant to a multiyear grant agreement under the program1 to collect additional data to measure the impacts of the project and to accurately track improvements made by the project1 in accordance with a plan described in paragraph 7#a74 7#d7 ,reports 7,a7 ,project baseline ,before the date of completion of a project for which a grant is provided under the program1 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 7#b74 7,b7 ,updated report ,not later than #f years after the date of completion of a project for which a grant is provided under the program1 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 7,a7 to project data collected during the period-- 7i7 beginning on the date that is #e years after the date of completion of the project2 and 7ii7 ending on the date on which the updated report is submitted4 7h7 ,eligible project costs 7#a7 ,in general ,an eligible entity may use a grant provided under the program for-- 7,a7 development-phase activities and costs1 including planning1 feasibility analysis1 revenue forecasting1 alternatives analysis1 data collection and analysis1 environmental review and activities to support environmental review1 preliminary engineering and design work1 and other preconstruction activities1 including the preparation of a data collection and post-construction analysis plan under subsection 7g72 and 7,b7 construction1 reconstruction1 rehabilitation1 acquisition of real property 7including land relating to the project and improvements to that land71 environmental mitigation 7including projects to replace or rehabilitate culverts or reduce stormwater runoff for the purpose of improving habitat for aquatic species71 construction contingencies1 acquisition of equipment1 protection1 and operational improvements directly relating to the project4 7#b7 ,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 terms4 7i7 ,cost sharing 7#a7 ,in general ,the total amount awarded for a project under the program may not exceed #fj percent of the total eligible project costs described in subsection 7h74 7#b7 ,maximum ,federal involvement 7,a7 ,in general ,subject to subparagraph 7,b71 ,federal assistance other than a grant awarded under the program may be provided for a project for which a grant is awarded under the program4 7,b7 ,limitation ,the total amount of ,federal assistance provided for a project for which a grant is awarded under the program shall not exceed #hj percent of the total cost of the project4 7,c7 ,non-,federal share ,secured loans or financing provided under section #fjc of title #bc or section #bbdjb 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 project4 7#c7 ,application to multiyear agreements ,notwithstanding any other provision of this title1 in any case in which amounts are provided under the program pursuant to a multiyear agreement1 the disbursed ,federal share of the cost of the project may exceed the limitations described in paragraphs 7#a7 and 7#b77;,b7 for #a or more years if the total amount of the ,federal share of the cost of the project1 once completed1 does not exceed those limitations4 7j7 ,grant agreements 7#a7 ,in general ,a project for which an eligible entity receives a multiyear grant under the program shall be carried out in accordance with this subsection4 7#b7 ,terms ,a multiyear grant agreement under this subsection shall-- 7,a7 establish the terms of ,federal participation in the applicable project2 7,b7 establish the maximum amount of ,federal financial assistance for the project2 7,c7 establish a schedule of anticipated ,federal obligations for the project that provides for obligation of the full grant amount2 7,d7 describe the period of time for completing the project1 regardless of whether that period extends beyond the period of an authorization2 and 7,e7 facilitate timely and efficient management of the applicable project by the eligible entity carrying out the project1 in accordance with applicable law4 7#c7 ,special rules 7,a7 ,in general ,a multiyear grant agreement under this subsection-- 7i7 shall provide for the obligation of an amount of available budget authority specified in law2 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law2 and 7iii7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 may only cover costs associated with development-phase activities described in subsection 7h77#a77;,a74 7,b7 ,contingent commitment ,a contingent commitment under this paragraph is not an obligation of the ,federal ,government1 including for purposes of section #aeja of title #ca4 7#d7 ,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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 with respect to the applicable project have been completed before the receipt of any program funds4 7k7 ,congressional notification 7#a7 ,in general ,not later than #cj days before the date on which the ,secretary publishes the selection of projects to receive grants under the program1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a written notice that includes-- 7,a7 a list of all project applications reviewed by the ,secretary as part of the selection process2 7,b7 the rating assigned to each project under subsection 7f77#d72 7,c7 an evaluation and justification with respect to each project for which the ,secretary will-- 7i7 provide a grant under the program2 and 7ii7 enter into a multiyear grant agreement under the program2 7,d7 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 program2 and 7,e7 anticipated funding levels required for the #c fiscal years beginning after the date of submission of the notice for projects selected for grants under the program1 based on information available to the ,secretary as of that date4 7#b7 ,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 #cj-;day period described in paragraph 7#a74 7l7 ,reports 7#a7 ,transparency ,not later than #fj days after the date on which the grants are announced under the program1 the ,secretary shall publish on the website of the ,department a report that includes-- 7,a7 a list of all project applications reviewed by the ,secretary as part of the selection process under the program2 7,b7 the rating assigned to each project under subsection 7f77#d72 and 7,c7 a description of each project for which a grant has been provided under the program4 7#b7 ,comptroller ,general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under the program4 7,b7 ,report ,not later than #ah months after the date on which the initial grants are awarded for projects under the program1 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes1 as applicable-- 7i7 the adequacy and fairness of the process by which the projects were selected2 and 7ii7 the justification and criteria used for the selection of the projects4 7m7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out the program #b1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,other projects ,of the amounts made available under paragraph 7#a71 #ej percent shall be set aside for projects that have a project cost of-- 7,a7 more than #ajj1jjj1jjj2 but 7,b7 less than #ejj1jjj1jjj4 7#c7 ,administrative expenses ,of the amounts made available to carry out the program for each fiscal year1 the ,secretary may reserve not more than #b percent for the costs of-- 7,a7 administering and overseeing the program2 and 7,b7 hiring personnel for the program1 including personnel dedicated to processing permitting and environmental review issues4 7#d7 ,transfer of authority ,the ,secretary may transfer any portion of the amounts reserved under paragraph 7#c7 for a fiscal year to the ,administrator of any of the ,federal ,highway ,administration1 the ,federal ,transit ,administration1 the ,federal ,railroad ,administration1 or the ,maritime ,administration to award and oversee grants in accordance with this section4 7n7 ,additional requirements 7#a7 ,in general ,each project that receives a grant under this chapter shall achieve compliance with the applicable requirements of-- 7,a7 subchapter ,,iv of chapter #ca of title #dj2 7,b7 title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq472 and 7,c7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7#b7 ,modal requirements ,the ,secretary shall1 with respect to a project funded by a grant under this section1 apply-- 7,a7 the requirements of title #bc to a highway1 road1 or bridge project2 7,b7 the requirements of chapter #ec to a transit project2 and 7,c7 the requirements of section #bbije to a rail project4 7#c7 ,multimodal projects 7,a7 ,in general ,except as otherwise provided in this paragraph1 if an eligible project is a multimodal project1 the ,secretary shall-- 7i7 determine the predominant modal component of the project2 and 7ii7 apply the applicable requirements described in paragraph 7#b7 of the predominant modal component to the project4 7,b7 ,exceptions 7i7 ,passenger or freight rail component ,the requirements of section #bbije shall apply to any passenger or freight rail component of a project4 7ii7 ,public transportation component ,the requirements of section #eccc shall apply to any public transportation component of a project4 4 #babjb4 ,local and regional project assistance 7a7 ,in general ,chapter #fg of subtitle ,,iii of title #di1 ,united ,states ,code 7as added by section #babja71 is amended by adding at the end the following3 #fgjb4 ,local and regional project assistance 7a7 ,definitions ,in this section3 7#a7 ,area of persistent poverty ,the term area of persistent poverty means-- 7,a7 any county 7or equivalent jurisdiction7 in which1 during the #cj-year period ending on the date of enactment of this chapter1 #bj percent or more of the population continually lived in poverty1 as measured by-- 7i7 the #aiij decennial census2 7ii7 the #bjjj decennial census2 and 7iii7 the most recent annual small area income and poverty estimate of the ,bureau of the ,census2 7,b7 any census tract with a poverty rate of not less than #bj percent1 as measured by the #e-year data series available from the ,american ,community ,survey of the ,bureau of the ,census for the period of #bjad through #bjah2 and 7,c7 any territory or possession of the ,united ,states4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 the ,district of ,columbia2 7,c7 any territory or possession of the ,united ,states2 7,d7 a unit of local government2 7,e7 a public agency or publicly chartered authority established by #a or more ,states2 7,f7 a special purpose district or public authority with a transportation function1 including a port authority2 7,g7 a federally recognized ,indian ,tribe or a consortium of such ,indian ,tribes2 7,h7 a transit agency2 and 7,i7 a multi-,state or multijurisdictional group of entities described in any of subparagraphs 7,a7 through 7,h74 7#c7 ,eligible project ,the term eligible project means-- 7,a7 a highway or bridge project eligible for assistance under title #bc2 7,b7 a public transportation project eligible for assistance under chapter #ec2 7,c7 a passenger rail or freight rail transportation project eligible for assistance under this title2 7,d7 a port infrastructure investment1 including-- 7i7 inland port infrastructure2 and 7ii7 a land port-of-entry2 7,e7 the surface transportation components of an airport project eligible for assistance under part ,b of subtitle ,,vii2 7,f7 a project for investment in a surface transportation facility located on ,tribal land1 the title or maintenance responsibility of which is vested in the ,federal ,government2 7,g7 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 7b77#b72 and 7,h7 any other surface transportation infrastructure project that the ,secretary considers to be necessary to advance the goal of the program4 7#d7 ,program ,the term program means the ,local and ,regional ,project ,assistance ,program established under subsection 7b77#a74 7#e7 ,rural area ,the term rural area means an area that is located outside of an urbanized area4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#g7 ,urbanized area ,the term urbanized area means an area with a population of more than #bjj1jjj residents1 based on the most recent decennial census4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish and carry out a program1 to be known as the ,local and ,regional ,project ,assistance ,program1 to provide for capital investments in surface transportation infrastructure4 7#b7 ,goal ,the goal of the program shall be to fund eligible projects that will have a significant local or regional impact and improve transportation infrastructure4 7c7 ,grants 7#a7 ,in general ,in carrying out the program1 the ,secretary may make grants to eligible entities1 on a competitive basis1 in accordance with this section4 7#b7 ,amount ,except as otherwise provided in this section1 each grant made under the program shall be in an amount equal to-- 7,a7 not less than #e1jjj1jjj for an urbanized area2 7,b7 not less than #a1jjj1jjj for a rural area2 and 7,c7 not more than #be1jjj1jjj4 7#c7 ,limitation ,not more than #ae 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 year4 7d7 ,selection of eligible projects 7#a7 ,notice of funding opportunity ,not later than #fj days after the date on which funds are made available to carry out the program1 the ,secretary shall publish a notice of funding opportunity for the funds4 7#b7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application-- 7,a7 in such form and containing such information as the ,secretary considers to be appropriate2 and 7,b7 by such date as the ,secretary may establish1 subject to the condition that the date shall be not later than #ij days after the date on which the ,secretary issues the solicitation under paragraph 7#a74 7#c7 ,primary selection criteria ,in awarding grants under the program1 the ,secretary shall evaluate the extent to which a project-- 7,a7 improves safety2 7,b7 improves environmental sustainability2 7,c7 improves the quality of life of rural areas or urbanized areas2 7,d7 increases economic competitiveness and opportunity1 including increasing tourism opportunities2 7,e7 contributes to a state of good repair2 and 7,f7 improves mobility and community connectivity4 7#d7 ,additional selection criteria ,in selecting projects to receive grants under the program1 the ,secretary shall take into consideration the extent to which-- 7,a7 the project sponsors collaborated with other public and private entities2 7,b7 the project adopts innovative technologies or techniques1 including-- 7i7 innovative technology2 7ii7 innovative project delivery techniques2 and 7iii7 innovative project financing2 7,c7 the project has demonstrated readiness2 and 7,d7 the project is cost effective4 7#e7 ,transparency 7,a7 ,in general ,the ,secretary1 shall evaluate1 through a methodology that is discernible and transparent to the public1 the means by which each application submitted under paragraph 7#b7 addresses the criteria under paragraphs 7#c7 and 7#d7 or otherwise established by the ,secretary4 7,b7 ,publication ,the methodology under subparagraph 7,a7 shall be published by the ,secretary as part of the notice of funding opportunity under the program4 7#f7 ,awards ,not later than #bgj days after the date on which amounts are made available to provide grants under the program for a fiscal year1 the ,secretary shall announce the selection by the ,secretary of eligible projects to receive the grants in accordance with this section4 7#g7 ,technical assistance 7,a7 ,in general ,on request of an eligible entity that submitted an application under paragraph 7#b7 for a project that is not selected to receive a grant under the program1 the ,secretary shall provide to the eligible entity technical assistance and briefings relating to the project4 7,b7 ,treatment ,technical assistance provided under this paragraph shall not be considered a guarantee of future selection of the applicable project under the program4 7e7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed #hj percent4 7#b7 ,exception ,the ,federal share of the cost of an eligible project carried out in a rural area1 a historically disadvantaged community1 or an area of persistent poverty using a grant under this subsection may exceed #hj percent1 at the discretion of the ,secretary4 7#c7 ,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 subsection3 7,a7 ,the tribal transportation program under section #bjb of title #bc4 7,b7 ,the ,federal lands transportation program under section #bjc of title #bc4 7,c7 ,the ,,tifia program 7as defined in section #fja7;a7 of title #bc74 7,d7 ,the ,railroad ,rehabilitation and ,improvement ,financing ,program under chapter #bbd4 7f7 ,other considerations 7#a7 ,in general ,of the total amount made available to carry out the program for each fiscal year-- 7,a7 not more than #ej percent shall be allocated for eligible projects located in rural areas2 and 7,b7 not more than #ej percent shall be allocated for eligible projects located in urbanized areas4 7#b7 ,historically disadvantaged communities and areas of persistent poverty ,of the total amount made available to carry out the program for each fiscal year1 not less than #a percent shall be awarded for projects in historically disadvantaged communities or areas of persistent poverty4 7#c7 ,multimodal and geographical considerations ,in selecting projects to receive grants under the program1 the ,secretary shall take into consideration geographical and modal diversity4 7g7 ,project planning ,of the amounts made available to carry out the program for each fiscal year1 not less than #e percent shall be made available for the planning1 preparation1 or design of eligible projects4 7h7 ,transfer of authority ,of the amounts made available to carry out the program for each fiscal year1 the ,secretary may transfer not more than #b percent for a fiscal year to the ,administrator of any of the ,federal ,highway ,administration1 the ,federal ,transit ,administration1 the ,federal ,railroad ,administration1 or the ,maritime ,administration to award and oversee grants and credit assistance in accordance with this section4 7i7 ,credit program costs 7#a7 ,in general ,subject to paragraph 7#b71 at the request of an eligible entity1 the ,secretary may use a grant provided to the eligible entity under the program to pay the subsidy or credit risk premium1 and the administrative costs1 of an eligible project that is eligible for ,federal credit assistance under-- 7,a7 chapter #bbd2 or 7,b7 chapter #f of title #bc4 7#b7 ,limitation ,not more than #bj percent of the funds made available to carry out the program for a fiscal year may be used to carry out paragraph 7#a74 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated4 7k7 ,reports 7#a7 ,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 year4 7#b7 ,comptroller ,general ,not later than #a year after the date on which the initial grants are awarded for eligible projects under the program1 the ,comptroller ,general of the ,united ,states shall-- 7,a7 review the administration of the program1 including-- 7i7 the solicitation process2 and 7ii7 the selection process1 including-- 7,i7 the adequacy and fairness of the process2 and 7,,ii7 the selection criteria2 and 7,b7 submit to the ,committee on ,commerce1 ,science1 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 under subparagraph 7,a71 including recommendations for improving the administration of the program1 if any4 4 7b7 ,study ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of1 a study of how changes to ,federal share matching requirements and selection criteria1 such as using ,state population data in ,department discretionary programs1 may impact the allocations made to ,states4 7c7 ,clerical amendment ,the analysis for subtitle ,,iii of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 ,,chapter #fg--,multimodal infrastructure investments #fgja4 ,national infrastructure project assistance4 #fgjb4 ,local and regional project assistance4 4 #babjc4 ,national culvert removal1 replacement1 and restoration grant program 7a7 ,in general ,chapter #fg of title #di1 ,united ,states ,code 7as amended by section #babjb7;a771 is amended by adding at the end the following3 #fgjc4 ,national culvert removal1 replacement1 and restoration grant program 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,program ,the term program means the annual competitive grant program established under subsection 7b74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#e7 ,undersecretary ,the term ,undersecretary means the ,undersecretary of ,commerce for ,oceans and ,atmosphere4 7b7 ,establishment ,the ,secretary1 in consultation with the ,undersecretary1 shall establish an annual competitive grant program to award grants to eligible entities for projects for the replacement1 removal1 and repair of culverts or weirs that-- 7#a7 would meaningfully improve or restore fish passage for anadromous fish2 and 7#b7 with respect to weirs1 may include-- 7,a7 infrastructure to facilitate fish passage around or over the weir2 and 7,b7 weir improvements4 7c7 ,eligible entities ,an entity eligible to receive a grant under the program is-- 7#a7 a ,state2 7#b7 a unit of local government2 or 7#c7 an ,indian ,tribe4 7d7 ,grant selection process ,the ,secretary1 in consultation with the ,undersecretary and the ,director1 shall establish a process for determining criteria for awarding grants under the program1 subject to subsection 7e74 7e7 ,prioritization ,the ,secretary1 in consultation with the ,undersecretary and the ,director1 shall establish procedures to prioritize awarding grants under the program to-- 7#a7 projects that would improve fish passage for-- 7,a7 anadromous fish stocks listed as an endangered species or a threatened species under section #d of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aecc72 7,b7 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 section2 7,c7 anadromous fish stocks identified by the ,undersecretary or the ,director as prey for endangered species1 threatened species1 or protected species1 including ,southern resident orcas 7,orcinus orcas72 or 7,d7 anadromous fish stocks identified by the ,undersecretary or the ,director as climate resilient stocks2 and 7#b7 projects that would open up more than #bjj meters of upstream habitat before the end of the natural habitat4 7f7 ,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 #hj percent4 7g7 ,technical assistance ,the ,secretary1 in consultation with the ,undersecretary and the ,director1 shall develop a process to provide technical assistance to ,indian ,tribes and underserved communities to assist in the project design and grant process and procedures4 7h7 ,administrative expenses ,of the amounts made available for each fiscal year to carry out the program1 the ,secretary1 the ,undersecretary1 and the ,director may use not more than #b percent to pay the administrative expenses necessary to carry out this section4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #hjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7b7 ,clerical amendment ,the analysis for chapter #fg of title #di1 ,united ,states ,code 7as added by section #babjb7;c771 is amended by adding at the end the following3 #fgjc4 ,national culvert removal1 replacement1 and restoration grant program4 4 #babjd4 ,national multimodal cooperative freight research program 7a7 ,in general ,chapter #gjb of title #di1 ,united ,states ,code 7as amended by section #baajf7;a771 is amended by inserting after section #gjbjd the following3 #gjbje4 ,national multimodal cooperative freight research program 7a7 ,establishment ,not later than #a year after the date of enactment of this section1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish and support a national cooperative freight transportation research program4 7b7 ,administration by ,national ,academy of ,sciences 7#a7 ,in general ,the ,secretary shall enter into an agreement with the ,national ,academy of ,sciences to support and carry out administrative and management activities under the program established under subsection 7a74 7#b7 ,advisory committee ,to assist the ,national ,academy of ,sciences in carrying out this subsection1 the ,national ,academy shall establish an advisory committee1 the members of which represent a cross-section of multimodal freight stakeholders1 including-- 7,a7 the ,department of ,transportation and other relevant ,federal departments and agencies2 7,b7 ,state 7including the ,district of ,columbia7 departments of transportation2 7,c7 units of local government1 including public port authorities2 7,d7 nonprofit entities2 7,e7 institutions of higher education2 7,f7 labor organizations representing employees in freight industries2 and 7,g7 private sector entities representing various transportation modes4 7c7 ,activities 7#a7 ,national research agenda 7,a7 ,in general ,the advisory committee established under subsection 7b77#b71 in consultation with interested parties1 shall recommend a national research agenda for the program in accordance with subsection 7d71 which shall include a multiyear strategic plan4 7,b7 ,action by interested parties ,for purposes of subparagraph 7,a71 an interested party may-- 7i7 submit to the advisory committee research proposals2 7ii7 participate in merit reviews of research proposals and peer reviews of research products2 and 7iii7 receive research results4 7#b7 ,research contracts and grants 7,a7 ,in general ,the ,national ,academy of ,sciences may award research contracts and grants under the program established under subsection 7a7 through-- 7i7 open competition2 and 7ii7 merit review1 conducted on a regular basis4 7,b7 ,evaluation 7i7 ,peer review ,a contract or grant for research under subparagraph 7,a7 may allow peer review of the research results4 7ii7 ,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 7,a74 7,c7 ,dissemination of findings ,the ,national ,academy of ,sciences shall disseminate the findings of any research conducted under this paragraph to relevant researchers1 practitioners1 and decisionmakers through-- 7i7 conferences and seminars2 7ii7 field demonstrations2 7iii7 workshops2 7iv7 training programs2 7v7 presentations2 7vi7 testimony to government officials2 7vii7 publicly accessible websites2 7viii7 publications for the general public2 and 7ix7 other appropriate means4 7#c7 ,report ,not later than #a year after the date of establishment of the program under subsection 7a71 and annually thereafter1 the ,secretary shall make available on a public website a report that describes the ongoing research and findings under the program4 7d7 ,areas for research ,the national research agenda under subsection 7c77#a7 shall consider research in the following areas3 7#a7 ,improving the efficiency and resiliency of freight movement1 including-- 7,a7 improving the connections between rural areas and domestic and foreign markets2 7,b7 maximizing infrastructure utility1 including improving urban curb-use efficiency2 7,c7 quantifying the national impact of blocked railroad crossings2 7,d7 improved techniques for estimating and quantifying public benefits derived from freight transportation projects2 and 7,e7 low-cost methods to reduce congestion at bottlenecks4 7#b7 ,adapting to future trends in freight1 including-- 7,a7 considering the impacts of e-commerce2 7,b7 automation2 and 7,c7 zero-emissions transportation4 7#c7 ,workforce considerations in freight1 including-- 7,a7 diversifying the freight transportation industry workforce2 and 7,b7 creating and transitioning a workforce capable of designing1 deploying1 and operating emerging technologies4 7e7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of an activity carried out under this section shall be up to #ajj percent4 7#b7 ,use of non-,federal funds ,in addition to using funds made available to carry out this section1 the ,national ,academy of ,sciences may seek and accept additional funding from public and private entities capable of accepting funding from the ,department of ,transportation1 ,states1 units of local government1 nonprofit entities1 and the private sector4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary #c1gej1jjj for each fiscal year to carry out the program established under subsection 7a71 to remain available until expended4 7g7 ,sunset ,the program established under subsection 7a7 shall terminate #e years after the date of enactment of this section4 4 7b7 ,clerical amendment ,the analysis for chapter #gjb of title #di1 ,united ,states ,code 7as amended by section #baajf7;b771 is amended by inserting after the item relating to section #gjbjd the following3 #gjbje4 ,national multimodal cooperative freight research program4 4 #babje4 ,rural and ,tribal infrastructure advancement 7a7 ,definitions ,in this section3 7#a7 ,build ,america ,bureau ,the term ,build ,america ,bureau means the ,national ,surface ,transportation and ,innovative ,finance ,bureau established under section #aaf of title #di1 ,united ,states ,code4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a unit of local government or political subdivision that is located outside of an urbanized area with a population of more than #aej1jjj residents1 as determined by the ,bureau of the ,census2 7,b7 a ,state seeking to advance a project located in an area described in subparagraph 7,a72 7,c7 a federally recognized ,indian ,tribe2 and 7,d7 the ,department of ,hawaiian ,home ,lands4 7#c7 ,eligible program ,the term eligible program means any program described in-- 7,a7 subparagraph 7,a7 or 7,b7 of section #aaf7;d77#a7 of title #di1 ,united ,states ,code2 7,b7 section #aah7;d77#c77;,a7 of that title 7as added by section #baaja7;a772 or 7,c7 chapter #fg of that title 7as added by section #babja74 7#d7 ,pilot program ,the term pilot program means the ,rural and ,tribal ,assistance ,pilot ,program established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish within the ,build ,america ,bureau a pilot program1 to be known as the ,rural and ,tribal ,assistance ,pilot ,program1 to provide to eligible entities the assistance and information described in paragraph 7#b74 7#b7 ,assistance and information ,in carrying out the pilot program1 the ,secretary may provide to an eligible entity the following3 7,a7 ,financial1 technical1 and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assistance under an eligible program4 7,b7 ,assistance with development-phase activities1 including-- 7i7 project planning2 7ii7 feasibility studies2 7iii7 revenue forecasting and funding and financing options analyses2 7iv7 environmental review2 7v7 preliminary engineering and design work2 7vi7 economic assessments and cost-benefit analyses2 7vii7 public benefit studies2 7viii7 statutory and regulatory framework analyses2 7ix7 value for money studies2 7x7 evaluations of costs to sustain the project2 7xi7 evaluating opportunities for private financing and project bundling2 and 7xii7 any other activity determined to be appropriate by the ,secretary4 7,c7 ,information regarding innovative financing best practices and case studies1 if the eligible entity is interested in using innovative financing methods4 7c7 ,assistance from expert firms ,the ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in providing financial1 technical1 and legal assistance to eligible entities under the pilot program4 7d7 ,website 7#a7 ,description of pilot program 7,a7 ,in general ,the ,secretary shall make publicly available on the website of the ,department a description of the pilot program1 including-- 7i7 the resources available to eligible entities under the pilot program2 and 7ii7 the application process established under paragraph 7#b77;,a74 7,b7 ,clearinghouse ,the ,secretary may establish a clearinghouse for tools1 templates1 and best practices on the page of the website of the ,department that contains the information described in subparagraph 7,a74 7#b7 ,applications 7,a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a process by which an eligible entity may submit to the ,secretary an application under the pilot program1 in such form and containing such information as the ,secretary may require4 7,b7 ,online portal ,the ,secretary shall develop and make available to the public an online portal through which the ,secretary may receive applications under subparagraph 7,a71 on a rolling basis4 7,c7 ,approval 7i7 ,in general ,not later than #fj days after the date on which the ,secretary receives a complete application under subparagraph 7,a71 the ,secretary shall provide to each eligible entity that submitted the application a notice describing whether the application is approved or disapproved4 7ii7 ,additional written notification 7,i7 ,in general ,not later than #cj days after the date on which the ,secretary provides to an eligible entity a notification under clause 7i71 the ,secretary shall provide to the eligible entity an additional written notification of the approval or disapproval of the application4 7,,ii7 ,disapproved applications ,if the application of an eligible entity is disapproved under this subparagraph1 the additional written notification provided to the eligible entity under subclause 7,i7 shall include an offer for a written or telephonic debrief by the ,secretary that will provide an explanation of1 and guidance regarding1 the reasons why the application was disapproved4 7iii7 ,insufficient applications ,the ,secretary shall not approve an application under this subparagraph if the application fails to meet the applicable criteria established under this section4 7#c7 ,dashboard ,the ,secretary shall publish on the website of the ,department a monthly report that includes1 for each application received under the pilot program-- 7,a7 the type of eligible entity that submitted the application2 7,b7 the location of each potential project described in the application2 7,c7 a brief description of the assistance requested2 7,d7 the date on which the ,secretary received the application2 and 7,e7 the date on which the ,secretary provided the notice of approval or disapproval under paragraph 7#b77;,c77i74 7e7 ,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 assistance1 including project development1 regardless of whether the expert is retained by the ,secretary under subsection 7c74 7f7 ,funding 7#a7 ,in general ,for each of fiscal years #bjbb through #bjbf1 the ,secretary may use to carry out the pilot program1 including to retain the services of expert firms under subsection 7c71 any amount made available to the ,secretary to provide credit assistance under an eligible program that is not otherwise obligated1 subject to paragraph 7#b74 7#b7 ,limitation ,the amount used under paragraph 7#a7 to carry out the pilot program shall be not more than-- 7,a7 #a1fjj1jjj for fiscal year #bjbb2 7,b7 #a1hjj1jjj for fiscal year #bjbc2 7,c7 #b1jjj1jjj for fiscal year #bjbd2 7,d7 #b1bjj1jjj for fiscal year #bjbe2 and 7,e7 #b1djj1jjj for fiscal year #bjbf4 7#c7 ,geographical distribution ,not more than #bj 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 year4 7g7 ,sunset ,the pilot program shall terminate on the date that is #e years after the date of enactment of this ,act4 7h7 ,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 #bc or title #di1 ,united ,states ,code4 7i7 ,administration by ,build ,america ,bureau ,section #aaf7;d77#a7 of title #di1 ,united ,states ,code 7as amended by section #baaja7;d77#d771 is amended by adding at the end the following3 7,d7 ,the ,rural and ,tribal ,assistance ,pilot ,program established under section #babje7;b77#a7 of the ,surface ,transportation ,investment ,act of #bjba4 4 ,c ,railroad rehabilitation and improvement financing reforms #bacja4 ,,rrif codification and reforms 7a7 ,codification of title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf ,part ,b of subtitle ,v of title #di1 ,united ,states ,code1 is amended-- 7#a7 by inserting after chapter #bbc the following chapter analysis3 ,chapter #bbd--,railroad rehabilitation and improvement financing ,sec4 #bbdja4 ,definitions4 #bbdjb4 ,direct loans and loan guarantees4 #bbdjc4 ,administration of direct loans and loan guarantees4 #bbdjd4 ,employee protection4 #bbdje4 ,substantive criteria and standards4 #bbdjf4 ,authorization of appropriations4 2 7#b7 by inserting after the chapter analysis the following section headings3 #bbdja4 ,definitions #bbdjb4 ,direct loans and loan guarantees #bbdjc4 ,administration of direct loans and loan guarantees #bbdjd4 ,employee protection 2 7#c7 by inserting after the section heading for section #bbdja1 as added by paragraph 7#b71 the text of section #eja of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba72 7#d7 by inserting after the section heading for section #bbdjb1 as added by paragraph 7#b71 the text of section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb72 7#e7 by inserting after the section heading for section #bbdjc1 as added by paragraph 7#b71 the text of section #ejc of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbc72 and 7#f7 by inserting after the section heading for section #bbdjd1 as added by paragraph 7#b71 the text of section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf74 7b7 ,conforming repeals 7#a7 ,repeals 7,a7 ,sections #eja1 #ejb1 #ejc1 and #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba1 #hbb1 #hbc1 and #hcf7 are repealed4 7,b7 ,section #ijjc7;j7 of the ,safe1 ,accountable1 ,flexible1 ,efficient ,transportation ,equity ,act3 ,a ,legacy for ,users 7#de ,u4,s4,c4 #hbb note7 is repealed4 7#b7 ,savings provision ,the repeals under paragraph 7#a7 shall not affect the rights and duties that matured under the repealed sections1 the penalties that were incurred under such sections1 or any proceeding authorized under any such section that commenced before the date of enactment of this ,act4 7c7 ,definitions 7#a7 ,headings ,section #bbdja of title #di1 ,united ,states ,code1 as added by subsection 7a77#b71 and amended by subsection 7a77#c71 is further amended-- 7,a7 in paragraph 7#a7-- 7i7 by striking 7#a77;,a7 ,the and inserting the following3 7#a7 ,cost 7,a7 ,the 2 and 7ii7 by indenting subparagraphs 7,b7 through 7,f7 appropriately2 and 7,b7 in each of paragraphs 7#b7 through 7#ad71 by inserting a paragraph heading1 the text of which is comprised of the term defined in the paragraph4 7#b7 ,other technical amendments ,section #bbdja of title #di1 ,united ,states ,code1 as added by subsection 7a77#b71 and amended by subsection 7a77#c7 and paragraph 7#a7 of this subsection1 is further amended-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,for purposes of this title3 and inserting ,in this chapter32 7,b7 in paragraph 7#aa71 by striking under this title and inserting under this chapter2 7,c7 by amending paragraph 7#ab7 to read as follows3 7#ab7 ,railroad ,the term railroad includes-- 7,a7 any railroad or railroad carrier 7as such terms are defined in section #bjajb72 and 7,b7 any rail carrier 7as defined in section #bdajb74 2 7,d7 by redesignating paragraph 7#ad7 as paragraph 7#ae72 and 7,e7 by inserting after paragraph 7#ac7 the following3 7#ad7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 4 7d7 ,direct loans and loan guarantees ,section #bbdjb of title #di1 ,united ,states ,code1 as added by subsection 7a77#b71 and amended by subsection 7a77#d71 is further amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by inserting entities implementing before interstate compacts2 7,b7 in paragraph 7#e7-- 7i7 by inserting entities participating in before joint ventures2 and 7ii7 by striking and at the end2 and 7,c7 by striking paragraph 7#f7 and inserting the following3 7#f7 limited option freight shippers that own or operate a plant or other facility1 solely for the purpose of constructing a rail connection between a plant or facility and a railroad2 and 7#g7 private entities with controlling ownership in #a or more freight railroads other than ,class ,i carriers4 2 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,in general ,direct loans and loan guarantees authorized under this section shall be used-- 7,a7 to acquire1 improve1 or rehabilitate intermodal or rail equipment or facilities1 including track1 components of track1 cuts and fills1 stations1 tunnels1 bridges1 yards1 buildings1 and shops1 and to finance costs related to those activities1 including pre-construction costs2 7,b7 to develop or establish new intermodal or railroad facilities2 7,c7 to develop landside port infrastructure for seaports serviced by rail2 7,d7 to refinance outstanding debt incurred for the purposes described in subparagraph 7,a7 1 7,b71 or 7,c72 7,e7 to reimburse planning1 permitting1 and design expenses relating to activities described in subparagraph 7,a71 7,b71 or 7,c72 or 7,f7 to finance economic development1 including commercial and residential development1 and related infrastructure and activities1 that-- 7i7 incorporates private investment of greater than #bj percent of total project costs2 7ii7 is physically connected to1 or is within #a_/b mile of1 a fixed guideway transit station1 an intercity bus station1 a passenger rail station1 or a multimodal station1 provided that the location includes service by a railroad2 7iii7 demonstrates the ability of the applicant to commence the contracting process for construction not later than #ij days after the date on which the direct loan or loan guarantee is obligated for the project under this chapter2 and 7iv7 demonstrates the ability to generate new revenue for the relevant passenger rail station or service by increasing ridership1 increasing tenant lease payments1 or carrying out other activities that generate revenue exceeding costs4 2 and 7,b7 by striking paragraph 7#c72 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a71 by striking of title #di1 ,united ,states ,code2 and 7,b7 in paragraph 7#e71 by striking title #di1 ,united ,states ,code1 and inserting this title2 7#d7 in subsection 7e71 by amending paragraph 7#a7 to read as follows3 7#a7 ,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 agreement4 2 7#e7 in subsection 7f7-- 7,a7 in paragraph 7#c7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,an applicant may propose and and inserting ,upon receipt of a proposal from an applicant under this section12 and 7,,ii7 by striking tangible asset and inserting collateral described in paragraph 7#f72 7ii7 in subparagraph 7,b77ii71 by inserting 1 including operating or tenant charges1 facility rents1 or other fees paid by transportation service providers or operators for access to1 or the use of1 infrastructure1 including rail lines1 bridges1 tunnels1 yards1 or stations after user fees2 7iii7 in subparagraph 7,c71 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7iv7 by adding at the end the following3 7,d7 ,revenue from projected freight or passenger demand for the project based on regionally developed economic forecasts1 including projections of any modal diversion resulting from the project4 2 and 7,b7 by adding at the end the following3 7#e7 ,cohorts of loans ,subject to the availability of funds appropriated by ,congress under section #bbdjf7;a77#b71 for any direct loan issued before the date of enactment of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id7 pursuant to sections #eja through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7,public ,law #id-baj71 the ,secretary shall repay the credit risk premiums of such loan1 with interest accrued thereon1 not later than-- 7,a7 #fj days after the date of enactment of the ,surface ,transportation ,investment ,act of #bjba if the borrower has satisfied all obligations attached to such loan2 or 7,b7 if the borrower has not yet satisfied all obligations attached to such loan1 #fj days after the date on which all obligations attached to such loan have been satisfied4 7#f7 ,collateral 7,a7 ,types of collateral ,an applicant or infrastructure partner may propose tangible and intangible assets as collateral1 exclusive of goodwill4 ,the ,secretary1 after evaluating each such asset-- 7i7 shall accept a net liquidation value of collateral2 and 7ii7 shall consider and may accept-- 7,i7 the market value of collateral2 or 7,,ii7 in the case of a blanket pledge or assignment of an entire operating asset or basket of assets as collateral1 the market value of assets1 or1 the market value of the going concern1 considering-- 7aa7 inclusion in the pledge of all the assets necessary for independent operational utility of the collateral1 including tangible assets such as real property1 track and structure1 motive power1 equipment and rolling stock1 stations1 systems and maintenance facilities and intangible assets such as long-term shipping agreements1 easements1 leases and access rights such as for trackage and haulage2 7bb7 interchange commitments2 and 7cc7 the value of the asset as determined through the cost or market approaches1 or the market value of the going concern1 with the latter considering discounted cash flows for a period not to exceed the term of the direct loan or loan guarantee4 7,b7 ,appraisal standards ,in evaluating appraisals of collateral under subparagraph 7,a71 the ,secretary shall consider-- 7i7 adherence to the substance and principles of the ,uniform ,standards of ,professional ,appraisal ,practice1 as developed by the ,appraisal ,standards ,board of the ,appraisal ,foundation2 and 7ii7 the qualifications of the appraisers to value the type of collateral offered4 7#g7 ,repayment of credit risk premiums ,the ,secretary shall return credit risk premiums paid1 and interest accrued on such premiums1 to the original source when all obligations of a loan or loan guarantee have been satisfied4 ,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 #bjba4 2 7#f7 in subsection 7g71 by amending paragraph 7#a7 the read as follows3 7#a7 repayment of the obligation is required to be made within a term that is not longer than the shorter of-- 7,a7 #ge years after the date of substantial completion of the project2 7,b7 the estimated useful life of the rail equipment or facilities to be acquired1 rehabilitated1 improved1 developed1 or established1 subject to an adequate determination of long-term risk2 or 7,c7 for projects determined to have an estimated useful life that is longer than #ce years1 the period that is equal to the sum of-- 7i7 #ce years2 and 7ii7 the product of-- 7,i7 the difference between the estimated useful life and #ce years2 multiplied by 7,,ii7 #ge percent4 2 7#g7 in subsection 7h7-- 7,a7 in paragraph 7#c7-- 7i7 in subparagraph 7,a7-- 7,i7 by striking of title #di1 ,united ,states ,code2 7,,ii7 by striking the ,national ,railroad ,passenger ,corporation and inserting ,amtrak2 and 7,,iii7 by striking of that title2 and 7ii7 in subparagraph 7,b71 by striking section #ejd of this ,act and inserting section #bbdjd2 and 7,b7 in paragraph 7#d71 by striking 7b77#a77;,e7 and inserting 7b77#a77;,f72 7#h7 in subsection 7i7-- 7,a7 by amending paragraph 7#d7 to read as follows3 7#d7 ,streamlined application review process 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,surface ,transportation ,investment ,act of #bjba1 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 guarantees4 7,b7 ,criteria ,applicants seeking loans and loan guarantees under this section shall-- 7i7 seek a total loan or loan guarantee value not exceeding #aej1jjj1jjj2 7ii7 meet eligible project purposes described in subparagraphs 7,a7 and 7,b7 of subsection 7b77#a72 and 7iii7 meet other criteria considered appropriate by the ,secretary1 in consultation with the ,council on ,credit and ,finance of the ,department of ,transportation4 7,c7 ,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 #ij days4 ,if an application review conducted under this paragraph exceeds #ij days1 the ,secretary shall-- 7i7 provide written notice to the applicant1 including a justification for the delay and updated estimate of the time needed for approval or disapproval2 and 7ii7 publish the notice on the dashboard described in paragraph 7#e74 2 7,b7 in paragraph 7#e7-- 7i7 in subparagraph 7,e71 by striking and at the end2 7ii7 in subparagraph 7,f71 by adding 2 and at the end2 and 7iii7 by adding at the end the following3 7,g7 whether the project utilized the streamlined application process under paragraph 7#d74 2 and 7,c7 by adding at the end the following3 7#f7 ,creditworthiness review status 7,a7 ,in general ,the ,secretary shall maintain status information related to each application for a loan or loan guarantee1 which shall be provided to the applicant upon request1 including-- 7i7 the total value of the proposed loan or loan guarantee2 7ii7 the name of the applicant or applicants submitting the application2 7iii7 the proposed capital structure of the project to which the loan or loan guarantee would be applied1 including the proposed ,federal and non-,federal shares of the total project cost2 7iv7 the type of activity to receive credit assistance1 including whether the project is new construction1 the rehabilitation of existing rail equipment or facilities1 or the refinancing an existing loan or loan guarantee2 7v7 if a deferred payment is proposed1 the length of such deferment2 7vi7 the credit rating or ratings provided for the applicant2 7vii7 if other credit instruments are involved1 the proposed subordination relationship and a description of such other credit instruments2 7viii7 a schedule for the readiness of proposed investments for financing2 7ix7 a description of any ,federal permits required1 including under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and any waivers under section #ecbc7;j7 7commonly known as the ,buy ,america ,act72 7x7 other characteristics of the proposed activity to be financed1 borrower1 key agreements1 or the nature of the credit that the ,secretary considers to be fundamental to the creditworthiness review2 7xi7 the status of the application in the pre-application review and selection process2 7xii7 the cumulative amounts paid by the ,secretary to outside advisors related to the application1 including financial and legal advisors2 7xiii7 a description of the key rating factors used by the ,secretary to determine credit risk1 including-- 7,i7 the factors used to determine risk for the proposed application2 7,,ii7 an adjectival risk rating for each identified factor1 ranked as either low1 moderate1 or high2 7xiv7 a nonbinding estimate of the credit risk premium1 which may be in the form of-- 7,i7 a range1 based on the assessment of risk factors described in clause 7xiii72 or 7,,ii7 a justification for why the estimate of the credit risk premium cannot be determined based on available information2 and 7xv7 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 premium4 7,b7 ,report upon request ,the ,secretary shall provide the information described in subparagraph 7,a7 not later than #cj days after a request from the applicant4 7,c7 ,exception ,applications processed using the streamlined application review process under paragraph 7#d7 are not subject to the requirements under this paragraph4 2 7#i7 in subsection 7l77#b77;,a77iii71 by striking under this title and inserting under this chapter2 7#aj7 in subsection 7m77#a71 by striking under this title and inserting under this chapter2 and 7#aa7 by adding at the end the following3 7n7 ,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 funds4 4 7e7 ,administration of direct loans and loan guarantees ,section #bbdjc of title #di1 ,united ,states ,code1 as added by subsection 7a77#b71 and amended by subsection 7a77#e71 is further amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the ,secretary shall and inserting the following3 7#a7 ,in general ,the ,secretary shall 2 7,b7 in paragraph 7#a71 as designated by subparagraph 7,a71 by striking section #ejb and inserting section #bbdjb2 and 7,c7 by adding at the end the following3 7#b7 ,documentation ,an applicant meeting the size standard for small business concerns established under section #c7;a77#b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7;a77#b77 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 years4 2 7#b7 in subsection 7d77#c71 by striking section #ejb7;f7 and inserting section #bbdjb7;f72 7#c7 in subsection 7l77#c77;,b71 by striking serving a direct loan and inserting servicing a direct loan2 and 7#d7 in each of subsections 7b7 through 7m71 as applicable-- 7,a7 by striking section #ejb each place it appears and inserting section #bbdjb2 and 7,b7 by striking this title each place it appears and inserting this chapter4 7f7 ,employee protection ,section #bbdjd of title #di1 ,united ,states ,code1 as added by subsection 7a77#b71 and amended by subsection 7a77#f71 is further amended-- 7#a7 in subsection 7a7-- 7,a7 by striking not otherwise protected under title ,v of the ,regional ,rail ,reorganization ,act of #aigc 7#de ,u4,s4,c4 #gga et seq4712 7,b7 by striking under this title and inserting under this chapter2 7,c7 by striking within #abj days after the date of enactment of this title and inserting not later than #abj days after ,february #e1 #aigf2 and 7,d7 by striking within #aej days after the date of enactment of this title and inserting not later than #aej days after ,february #e1 #aigf2 7#b7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a7-- 7i7 by striking applicable financial assistance under this title and inserting applicable financial assistance under this chapter2 and 7ii7 by striking from financial assistance under this title and inserting from financial assistance under this chapter2 7,b7 in paragraph 7#c71 by striking under this title and inserting under this chapter2 and 7,c7 in paragraph 7#d71 by striking to this title and inserting to this chapter2 and 7#c7 in subsection 7c71 by striking to this title and inserting to this chapter4 7g7 ,substantive criteria and standards ,chapter #bbd of title #di1 ,united ,states ,code1 as added by subsection 7a71 and amended by subsections 7c7 through 7f71 is further amended by adding at the end the following3 #bbdje4 ,substantive criteria and standards ,the ,secretary shall-- 7#a7 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 #bbdjb2 and 7#b7 ensure that adequate procedures and guidelines are in place to permit the filing of complete applications not later than #cj days after the publication referred to in paragraph 7#a74 4 7h7 ,authorization of appropriations ,chapter #bbd of title #di1 ,united ,states ,code1 as added by subsection 7a71 and amended by subsections 7c7 through 7g71 is further amended by adding at the end the following3 #bbdjf4 ,authorization of appropriations 4 7a7 ,authorization 7#a7 ,in general ,there is authorized to be appropriated for credit assistance under this chapter1 which shall be provided at the discretion of the ,secretary1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,refund of premium ,there is authorized to be appropriated to the ,secretary #gj1jjj1jjj to repay the credit risk premium in accordance with section #bbdjb7;f77#e74 7#c7 ,availability ,amounts appropriated pursuant to this subsection shall remain available until expended4 7b7 ,use of funds 7#a7 ,in general ,credit assistance provided under subsection 7a7 may not exceed #bj1jjj1jjj for any loan or loan guarantee4 7#b7 ,administrative costs ,not less than #c percent of the amounts appropriated pursuant to subsection 7a7 in each fiscal year shall be made available to the ,secretary for use in place of charges collected under section #bbdjc7l77#a7 for passenger railroads and freight railroads other than ,class ,i carriers4 7#c7 ,short line set-aside ,not less than #ej percent of the amounts appropriated pursuant to subsection 7a77#a7 for each fiscal year shall be set aside for freight railroads other than ,class ,i carriers4 4 7i7 ,clerical amendment ,the analysis for title #di1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bbc the following3 #bbd4 ,railroad rehabilitation and improvement financing#bbdja 4 7j7 ,technical and conforming amendments 7#a7 ,national trails system act ,section #h7;d7 of the ,national ,trails ,system ,act 7#af ,u4,s4,c4 #abdg7;d77 is amended by inserting 7#de ,u4,s4,c4 #hja et seq47 and chapter #bbd of title #di1 ,united ,states ,code after #aigf4 7#b7 ,passenger rail reform and investment act ,section #aacae7;c7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae 7#bc ,u4,s4,c4 #cbb note2 ,public ,law #aad-id7 is amended by striking sections #ejb and #ejc of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf and inserting sections #bbdjb and #bbdjc of title #di1 ,united ,states ,code4 7#c7 ,provisions classified in title #de1 united states code 7,a7 ,railroad revitalization and regulatory reform act of #aigf ,section #aja of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja7 is amended-- 7i7 in subsection 7a71 in the matter preceding paragraph 7#a71 by striking ,it is the purpose of the ,congress in this ,act to and inserting ,the purpose of this ,act and chapter #bbd of title #di1 ,united ,states ,code1 is to2 and 7ii7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,it is declared to be the policy of the ,congress in this ,act and inserting ,the policy of this ,act and chapter #bbd of title #di1 ,united ,states ,code1 is4 7,b7 ,railroad infrastructure financing improvement act ,the ,railroad ,infrastructure ,financing ,improvement ,act 7subtitle ,f of title ,,xi of ,public ,law #aad-id7 is amended-- 7i7 in section #aafjg7;b7 7#de ,u4,s4,c4 #hba note71 by striking ,all provisions under sections #ejb through #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq47 and inserting ,all provisions under section #bbdjb through #bbdjd of title #di1 ,united ,states ,code12 and 7ii7 in section #aafaj7;b7 7#de ,u4,s4,c4 #hba note71 by striking section #ejb7;f7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f771 as amended by section #aafjg of this ,act and inserting section #bbdjb7;f7 of title #di1 ,united ,states ,code4 7,c7 ,transportation equity act for the #bast century ,section #gbjc7;b77#b7 of the ,transportation ,equity ,act for the #bast ,century 7,public ,law #aje-agh2 #de ,u4,s4,c4 #hba note7 is amended by striking title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 and inserting chapter #bbd of title #di1 ,united ,states ,code14 7,d7 ,hamm alert maritime safety act of #bjah ,section #bab7;d77#a7 of ,hamm ,alert ,maritime ,safety ,act of #bjah 7title ,,ii of ,public ,law #aae-bfe2 #de ,u4,s4,c4 #hbb note7 is amended1 in the matter preceding subparagraph 7,a71 by striking for purposes of section #ejb7;f77#d7 of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb7;f77#d77 and inserting for purposes of section #bbdjb of title #di1 ,united ,states ,code4 7,e7 ,milwaukee railroad restructuring act ,section #ae7;f7 of the ,milwaukee ,railroad ,restructuring ,act 7#de ,u4,s4,c4 #iad7;f77 is amended by striking ,section #eaf of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf7 and inserting ,section #bbdjd of title #di1 ,united ,states ,code14 7,f7 ,rock island railroad transition and employee assistance act ,section #ajd7;b7 of the ,rock ,island ,railroad ,transition and ,employee ,assistance ,act 7#de ,u4,s4,c4 #ajjc7;b77 is amended-- 7i7 in paragraph 7#a7-- 7,i7 by striking title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 and inserting chapter #bbd of title #di1 ,united ,states ,code12 and 7,,ii7 by striking and section #ah7;b7 of the ,milwaukee ,railroad ,restructuring ,act2 and 7ii7 in paragraph 7#b71 by striking title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf1 and section #eaf of such ,act 7#de ,u4,s4,c4 #hcf7 and inserting chapter #bbd of title #di1 ,united ,states ,code1 including section #bbdjd of such title14 7#d7 ,title #di 7,a7 ,national surface transportation and innovative finance bureau ,section #aaf7;d77#a77;,b7 of title #di1 ,united ,states ,code1 is amended by striking sections #eja through #ejc of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba-hbc7 and inserting sections #bbdja through #bbdjc4 7,b7 ,prohibited discrimination ,section #cjf7;b7 of title #di1 ,united ,states ,code1 is amended-- 7i7 by striking chapter #bba or #bdi of this title1 and inserting chapter #bba1 #bbd1 or #bdi of this title1 or2 and 7ii7 by striking 1 or title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq474 7,c7 ,passenger rail reform and investment act of #bjae ,section #aacaa7;d7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae 7,public ,law #aad-id2 #di ,u4,s4,c4 #bjaja note7 is amended by striking 1 and section #ejb of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hbb74 7,d7 ,grant conditions ,section #bbije7;c77#b77;,b7 of title #di1 ,united ,states ,code1 is amended by striking section #ejd of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hcf7 and inserting section #bbdjd4 7,e7 ,passenger rail investment and improvement act of #bjjh ,section #bje7;g7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdaja note7 is amended by striking title ,v of the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hba et seq47 and inserting chapter #bbd of title #di1 ,united ,states ,code4 7,f7 ,amtrak authority ,section #bdijc of title #di1 ,united ,states ,code1 is amended-- 7i7 in subsection 7a77#f71 by striking and the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq47 and inserting 1 the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq471 and chapter #bbd of this title2 and 7ii7 in subsection 7c77#b71 by striking and the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq47 and inserting 1 the ,railroad ,revitalization and ,regulatory ,reform ,act of #aigf 7#de ,u4,s4,c4 #hja et seq471 and chapter #bbd of this title4 #bacjb4 ,substantive criteria and standards ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall update the publicly available credit program guide in accordance with the provisions of chapter #bbd of title #di1 ,united ,states ,code1 as added by section #bacja4 #bacjc4 ,semiannual report on transit-oriented development eligibility ,not later than #f months after the date of enactment of this ,act1 and every #f months thereafter1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that identifies-- 7#a7 the number of applications submitted to the ,department for a direct loan or loan guarantee under section #bbdjb7;b77#a77;,e7 of title #di1 ,united ,states ,code1 as amended by section #bacja2 7#b7 the number of such loans or loan guarantees that were provided to the applicants2 and 7#c7 for each such application1 the reasons for providing or declining to provide the requested loan or loan guarantee4 ,,ii ,rail #bbjja4 ,short title ,this title may be cited as the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba4 ,a ,authorization of appropriations #bbaja4 ,grants to ,amtrak 7a7 ,northeast ,corridor ,there are authorized to be appropriated to the ,secretary for grants to ,amtrak for activities associated with the ,northeast ,corridor the following amounts3 7#a7 ,for fiscal year #bjbb1 #a1egj1jjj1jjj4 7#b7 ,for fiscal year #bjbc1 #a1ajj1jjj1jjj4 7#c7 ,for fiscal year #bjbd1 #a1bjj1jjj1jjj4 7#d7 ,for fiscal year #bjbe1 #a1cjj1jjj1jjj4 7#e7 ,for fiscal year #bjbf1 #a1djj1jjj1jjj4 7b7 ,national ,network ,there are authorized to be appropriated to the ,secretary for grants to ,amtrak for activities associated with the ,national ,network the following amounts3 7#a7 ,for fiscal year #bjbb1 #b1cjj1jjj1jjj4 7#b7 ,for fiscal year #bjbc1 #b1bjj1jjj1jjj4 7#c7 ,for fiscal year #bjbd1 #b1dej1jjj1jjj4 7#d7 ,for fiscal year #bjbe1 #b1gjj1jjj1jjj4 7#e7 ,for fiscal year #bjbf1 #c1jjj1jjj1jjj4 7c7 ,oversight ,the ,secretary may withhold up to #j4e percent from the amount appropriated for each fiscal year pursuant to subsections 7a7 and 7b7 for the costs of oversight of ,amtrak4 7d7 ,state-,supported ,route ,committee ,the ,secretary may withhold up to #c1jjj1jjj from the amount appropriated for each fiscal year pursuant to subsection 7b7 for use by the ,state-,supported ,route ,committee established under section #bdgab7;a7 of title #di1 ,united ,states ,code4 7e7 ,northeast ,corridor ,commission ,the ,secretary may withhold up to #f1jjj1jjj from the amount appropriated for each fiscal year pursuant to subsection 7a7 for use by the ,northeast ,corridor ,commission established under section #bdije7;a7 of title #di1 ,united ,states ,code4 7f7 ,interstate rail compacts ,the ,secretary may withhold up to #c1jjj1jjj from the amount appropriated for each fiscal year pursuant to subsection 7b7 for grants authorized under section #bbiaj of title #di1 ,united ,states ,code4 7g7 ,accessibility upgrades 7#a7 ,in general ,the ,secretary shall withhold #ej1jjj1jjj from the amount appropriated for each fiscal year pursuant to subsections 7a7 and 7b7 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 #aiij 7#db ,u4,s4,c4 #abaja et seq47 until the ,secretary determines ,amtrak's existing facilities are in compliance with such requirements4 7#b7 ,savings provision ,nothing in paragraph 7#a7 may be construed to prevent ,amtrak from using additional funds appropriated pursuant to this section to carry out the activities authorized under such paragraph4 7h7 ,corridor development ,in addition to the activities authorized under subsection 7b71 ,amtrak may use up to #aj percent of the amounts appropriated under subsection 7b7 in each fiscal year to support ,amtrak-operated corridors selected under section #bbcjf for-- 7#a7 planning and capital costs2 and 7#b7 operating assistance consistent with the ,federal funding limitations under section #bbijh of title #di1 ,united ,states ,code4 #bbajb4 ,federal ,railroad ,administration 7a7 ,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 amounts3 7#a7 ,for fiscal year #bjbb1 #bdh1jjj1jjj4 7#b7 ,for fiscal year #bjbc1 #bed1jjj1jjj4 7#c7 ,for fiscal year #bjbd1 #bfc1jjj1jjj4 7#d7 ,for fiscal year #bjbe1 #bga1jjj1jjj4 7#e7 ,for fiscal year #bjbf1 #bgi1jjj1jjj4 7b7 ,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 amounts3 7#a7 ,for fiscal year #bjbb1 #dc1jjj1jjj4 7#b7 ,for fiscal year #bjbc1 #dd1jjj1jjj4 7#c7 ,for fiscal year #bjbd1 #de1jjj1jjj4 7#d7 ,for fiscal year #bjbe1 #df1jjj1jjj4 7#e7 ,for fiscal year #bjbf1 #dg1jjj1jjj4 7c7 ,transportation technology center ,the ,secretary may withhold up to #c1jjj1jjj from the amount appropriated for each fiscal year pursuant to subsection 7b7 for activities authorized under section #bjajh7;d7 of title #di1 ,united ,states ,code4 7d7 ,rail ,research and ,development ,center of ,excellence ,the ,secretary may withhold up to #aj percent of the amount appropriated for each fiscal year under subsection 7b7 for grants authorized under section #bjajh7;j7 of title #di1 ,united ,states ,code4 #bbajc4 ,consolidated rail infrastructure and safety improvements grants 7a7 ,in general ,there is authorized to be appropriated to the ,secretary for grants under section #bbijg of title #di1 ,united ,states ,code1 #a1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,oversight ,the ,secretary may withhold up to #b percent from the amount appropriated for each fiscal year pursuant to subsection 7a7 for the costs of project management oversight of grants authorized under title #di1 ,united ,states ,code4 #bbajd4 ,railroad crossing elimination program 7a7 ,in general ,there is authorized to be appropriated to the ,secretary for grants under section #bbiji of title #di1 ,united ,states ,code1 as added by section #bbcje1 #ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,planning projects ,not less than #c percent of the amount appropriated in each fiscal year pursuant to subsection 7a7 year shall be used for planning projects described in section #bbiji7;d77#f7 of title #di1 ,united ,states ,code4 7c7 ,highway-rail grade crossing safety information and education program ,of the amount appropriated under subsection 7a7 in each fiscal year1 #j4be percent shall be used for contracts or grants to carry out a highway-rail grade crossing safety information and education program-- 7#a7 to help prevent and reduce pedestrian1 motor vehicle1 and other accidents1 incidents1 injuries1 and fatalities2 and 7#b7 to improve awareness along railroad rights-of-way and at highway-rail grade crossings4 7d7 ,oversight ,the ,secretary may withhold up to #b percent from the amount appropriated for each fiscal year pursuant to subsection 7a7 for the costs of project management oversight of grants authorized under title #di1 ,united ,states ,code4 #bbaje4 ,restoration and enhancement grants 7a7 ,in general ,there is authorized to be appropriated to the ,secretary for grants under section #bbijh of title #di1 ,united ,states ,code1 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,oversight ,the ,secretary may withhold up to #a percent of the amount appropriated for each fiscal year pursuant to subsection 7a7 for the costs of project management oversight of grants authorized under title #di1 ,united ,states ,code4 #bbajf4 ,federal-,state partnership for intercity passenger rail grants 7a7 ,in general ,there is authorized to be appropriated to the ,secretary for grants under section #bdiaa of title #di1 ,united ,states ,code1 #a1ejj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,oversight ,the ,secretary may withhold up to #b percent of the amount appropriated under subsection 7a7 for the costs of project management oversight of grants authorized under title #di1 ,united ,states ,code4 #bbajg4 ,amtrak ,office of ,inspector ,general ,there are authorized to be appropriated to the ,office of ,inspector ,general of ,amtrak the following amounts3 7#a7 ,for fiscal year #bjbb1 #bf1ejj1jjj4 7#b7 ,for fiscal year #bjbc1 #bg1jjj1jjj4 7#c7 ,for fiscal year #bjbd1 #bg1ejj1jjj4 7#d7 ,for fiscal year #bjbe1 #bh1jjj1jjj4 7#e7 ,for fiscal year #bjbf1 #bh1ejj1jjj4 ,b ,amtrak reforms #bbbja4 ,amtrak findings1 mission1 and goals 7a7 ,findings ,section #bdaja7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking between crowded urban areas and in other areas of and inserting throughout2 7#b7 in paragraph 7#d71 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 ,states2 7#c7 in paragraph 7#e7-- 7,a7 by inserting intercity passenger and before commuter2 and 7,b7 by inserting and rural after major urban2 and 7#d7 by adding at the end the following3 7#i7 ,long-distance routes are valuable resources of the ,united ,states that are used by rural and urban communities4 4 7b7 ,goals ,section #bdaja7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by amending paragraph 7#a7 to read as follows3 7#a7 use its best business judgment in acting to maximize the benefits of ,federal investments1 including-- 7,a7 offering competitive fares2 7,b7 increasing revenue from the transportation of mail and express2 7,c7 offering food service that meets the needs of its customers2 7,d7 improving its contracts with rail carriers over whose tracks ,amtrak operates2 7,e7 controlling or reducing management and operating costs2 and 7,f7 providing economic benefits to the communities it serves2 2 7#b7 in paragraph 7#aa71 by striking and at the end2 7#c7 in paragraph 7#ab71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following3 7#ac7 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 communities4 4 7c7 ,increasing revenues ,section #bdaja7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,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 7c74 4 #bbbjb4 ,composition of ,amtrak's ,board of ,directors 7a7 ,selection2 composition2 chair ,section #bdcjb7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,b71 by striking ,president and inserting ,chief ,executive ,officer2 and 7,b7 in subparagraph 7,c71 by inserting 1 at least #a of whom shall be an individual with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb77 who has a demonstrated history of1 or experience with1 accessibility1 mobility1 and inclusive transportation in passenger rail or commuter rail before the period at the end2 7#b7 in paragraph 7#b71 by striking and try to provide adequate and balanced representation of the major geographic regions of the ,united ,states served by ,amtrak2 7#c7 by redesignating paragraph 7#e7 as paragraph 7#g72 and 7#d7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,of the individuals appointed pursuant to paragraph 7#a77;,c7-- 7,a7 #b individuals shall reside in or near a location served by a regularly scheduled ,amtrak service along the ,northeast ,corridor2 7,b7 #d individuals shall reside in or near regions of the ,united ,states that are geographically distributed outside of the ,northeast ,corridor1 of whom-- 7i7 #b individuals shall reside in ,states served by a long-distance route operated by ,amtrak2 7ii7 #b individuals shall reside in ,states served by a ,state-supported route operated by ,amtrak2 and 7iii7 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 7i7 and 7ii72 7,c7 #b individuals shall reside either-- 7i7 in or near a location served by a regularly scheduled ,amtrak service on the ,northeast ,corridor2 or 7ii7 in a ,state served by long-distance or a ,state-supported route2 and 7,d7 each individual appointed to the ,board pursuant to this paragraph may only fill #a of the allocations set forth in subparagraphs 7,a7 through 7,c74 7#e7 ,the ,board shall elect a chairperson and vice chairperson1 other than the ,chief ,executive ,officer of ,amtrak1 from among its membership4 ,the vice chairperson shall act as chairperson in the absence of the chairperson4 7#f7 ,the ,board shall meet at least annually with-- 7,a7 representatives of ,amtrak employees2 7,b7 representatives of persons with disabilities2 and 7,c7 the general public1 in an open meeting with a virtual attendance option1 to discuss financial performance and service results4 4 7b7 ,rule of construction ,none of the amendments made by subsection 7a7 may be construed as affecting the term of any director serving on the ,amtrak ,board of ,directors under section #bdcjb7;a77#a77;,c7 of title #di1 ,united ,states ,code1 as of the date of enactment of this ,act4 #bbbjc4 ,station agents ,section #bdcab of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7c7 ,availability of station agents 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning on the date that is #a year after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 ,amtrak shall ensure that at least #a ,amtrak ticket agent is employed at each station building-- 7,a7 that ,amtrak owns1 or operates service through1 as part of a long-distance or ,northeast ,corridor passenger service route2 7,b7 where at least #a ,amtrak ticket agent was employed on or after ,october #a1 #bjag2 and 7,c7 for which an average of #dj passengers boarded or deboarded an ,amtrak train per day during all of the days in fiscal year #bjag when the station was serviced by ,amtrak1 regardless of the number of ,amtrak trains servicing the station per day4 7#b7 ,exception ,paragraph 7#a7 shall not apply to any station building in which a commuter rail ticket agent has the authority to sell ,amtrak tickets4 4 #bbbjd4 ,increasing oversight of changes to ,amtrak long-distance routes and other intercity services 7a7 ,amtrak annual operations report ,section #bdcae7;a77#a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,g71 by striking and at the end2 7#b7 in subparagraph 7,h71 by adding and at the end2 and 7#c7 by adding at the end the following3 7,i7 any change made to a route's or service's frequency or station stops2 4 7b7 #e-year business line plans ,section #bdcbj7;b77#b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 through 7,l7 as subparagraphs 7,c7 through 7,m71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 a detailed description of any plans to permanently change a route's or service's frequency or station stops for the service line2 4 #bbbje4 ,improved oversight of ,amtrak accounting ,section #bdcag of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#b71 by striking and costs among ,amtrak business lines and inserting 1 including ,federal grant funds1 and costs among ,amtrak service lines2 7#b7 by amending subsection 7b7 to read as follows3 7b7 ,account structure 7#a7 ,in general ,the ,secretary of ,transportation1 in consultation with ,amtrak1 shall define1 maintain1 and periodically update an account structure and improvements to accounting methodologies1 as necessary1 to support the ,northeast ,corridor and the ,national ,network4 7#b7 ,notification of substantive changes ,the ,secretary shall notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives regarding any substantive changes made to the account structure1 including changes to-- 7,a7 the service lines described in section #bdcbj7;b77#a72 and 7,b7 the asset lines described in section #bdcbj7;c77#a74 2 7#c7 in subsection 7c71 in the matter preceding paragraph 7#a71 by inserting 1 maintaining1 and updating after defining2 7#d7 in subsection 7d71 in the matter preceding paragraph 7#a71 by inserting 1 maintaining1 and updating after defining2 7#e7 by amending subsection 7e7 to read as follows3 7e7 ,implementation and reporting 7#a7 ,in general ,amtrak1 in consultation with the ,secretary of ,transportation1 shall maintain and implement any account structures and improvements defined under subsection 7b7 to enable ,amtrak to produce sources and uses statements for each of the service lines described in section #bdcbj7;b77#a7 and1 as appropriate1 each of the asset lines described in section #bdcbj7;c77#a71 that identify sources and uses of revenues1 appropriations1 and transfers between accounts4 7#b7 ,updated sources and uses statements ,not later than #cj days after the implementation of subsection 7b71 and monthly thereafter1 ,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 7#a74 ,the ,secretary and ,amtrak may agree to a different frequency of reporting4 2 7#f7 by striking subsection 7h72 and 7#g7 by redesignating subsection 7i7 as subsection 7h74 #bbbjf4 ,improved oversight of ,amtrak spending 7a7 ,allocation of costs and revenues ,section #bdcah7;a7 of title #di1 ,united ,states ,code1 is amended by striking ,not later than #ahj days after the date of enactment of the ,passenger ,rail ,reform and ,investment ,act of #bjae14 7b7 ,grant process and reporting ,section #bdcai of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by inserting and reporting after process2 7#b7 by amending subsection 7a7 to read as follows3 7a7 ,procedures for grant requests ,the ,secretary of ,transportation shall-- 7#a7 establish and maintain substantive and procedural requirements1 including schedules1 for grant requests under this section2 and 7#b7 report any changes to such procedures to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,appropriations of the ,senate2 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,d7 the ,committee on ,appropriations of the ,house of ,representatives4 2 7#c7 in subsection 7b71 by striking grant requests and inserting a grant request annually1 or as additionally required12 7#d7 by amending subsection 7c7 to read as follows3 7c7 ,contents 7#a7 ,in general ,each grant request under subsection 7b7 shall1 as applicable-- 7,a7 categorize and identify1 by source1 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 #a of the categories or subcategories set forth in paragraph 7#b72 7,b7 describe the operations1 services1 programs1 projects1 and other activities to be funded within each of the categories set forth in paragraph 7#b71 including-- 7i7 the estimated scope1 schedule1 and budget necessary to complete each project and program2 and 7ii7 the performance measures used to quantify expected and actual project outcomes and benefits1 aggregated by fiscal year1 project milestone1 and any other appropriate grouping2 and 7,c7 describe the status of efforts to improve ,amtrak's safety culture4 7#b7 ,grant categories 7,a7 ,operating expenses ,each grant request to use ,federal funds for operating expenses shall-- 7i7 include estimated net operating costs not covered by other ,amtrak revenue sources2 7ii7 specify ,federal funding requested for each service line described in section #bdcbj7;b77#a72 and 7iii7 be itemized by route4 7,b7 ,debt service ,a grant request to use ,federal funds for expenses related to debt1 including payment of principle and interest1 as allowed under section #bje of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #di ,u4,s4,c4 #bdaja note74 7,c7 ,capital ,a grant request to use ,federal funds and program income for capital expenses shall include capital projects and programs primarily associated with-- 7i7 normalized capital replacement programs1 including regularly recurring work programs implemented on a systematic basis on classes of physical railroad assets1 such as track1 structures1 electric traction and power systems1 rolling stock1 and communications and signal systems1 to maintain and sustain the condition and performance of such assets to support continued railroad operations2 7ii7 improvement projects to support service and safety enhancements1 including discrete projects implemented in accordance with a fixed scope1 schedule1 and budget that result in enhanced or new infrastructure1 equipment1 or facilities2 7iii7 backlog capital replacement projects1 including discrete projects implemented in accordance with a fixed scope1 schedule1 and budget that primarily replace or rehabilitate major infrastructure assets1 including tunnels1 bridges1 stations1 and similar assets1 to reduce the state of good repair backlog on the ,amtrak network2 7iv7 strategic initiative projects1 including discrete projects implemented in accordance with a fixed scope1 schedule1 and budget that primarily improve overall operational performance1 lower costs1 or otherwise improve ,amtrak's corporate efficiency2 and 7v7 statutory1 regulatory1 or other legally mandated projects1 including discrete projects implemented in accordance with a fixed scope1 schedule1 and budget that enable ,amtrak to fulfill specific legal or regulatory mandates4 7,d7 ,contingency ,a grant request to use ,federal funds for operating and capital expense contingency shall include-- 7i7 contingency levels for specified activities and operations2 and 7ii7 a process for the utilization of such contingency4 7#c7 ,modification of categories ,the ,secretary of ,transportation and ,amtrak may jointly agree to modify the categories set forth in paragraph 7#b7 if such modifications are necessary to improve the transparency1 oversight1 or delivery of projects funded through grant requests under this section4 2 7#e7 in subsection 7d77#a77;,a7-- 7,a7 by inserting complete after submits a2 7,b7 by striking shall complete and inserting shall finish2 and 7,c7 in clause 7ii71 by striking incomplete or2 7#f7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking and other activities to be funded by the grant and inserting programs1 projects1 and other activities to be funded by the grant1 consistent with the categories required for ,amtrak in a grant request under subsection 7c77#a77;,a72 and 7ii7 by striking or activities and inserting programs1 projects1 and other activities2 and 7,b7 in paragraph 7#c7-- 7i7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,c71 respectively2 and 7ii7 by inserting before subparagraph 7,b71 as redesignated1 the following3 7,a7 using an otherwise allowable approach to the method prescribed for a specific project or category of projects under paragraph 7#b7 if the ,secretary and ,amtrak agree that a different payment method is necessary to more successfully implement and report on an operation1 service1 program1 project1 or other activity2 2 7#g7 by redesignating subsection 7h7 as subsection 7j72 and 7#h7 by inserting after subsection 7g7 the following3 7h7 ,applicable laws and regulations 7#a7 ,single ,audit ,act of #aihd ,notwithstanding section #bdcja7;a77#c7 of this title and section #geja7;a77#ac7 of title #ca1 ,amtrak shall be deemed a non-,federal entity for purposes of chapter #ge of title #ca4 7#b7 ,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 management1 administration1 cost principles1 and audit requirements for ,federal awards4 7i7 ,amtrak grant reporting ,the ,secretary of ,transportation shall determine the varying levels of detail and information that will be included in reports for operations1 services1 program1 projects1 program income1 cash on hand1 and other activities within each of the grant categories described in subsection 7c77#b74 4 7c7 ,conforming amendments 7#a7 ,reports and audits ,section #bdcae7;b77#a7 of title #di1 ,united ,states ,code1 is amended-- 7,a7 in subparagraph 7,a71 by striking the goal of section #bdijb7;b7 of this title2 and and inserting the goal described in section #bdijb7;a722 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 shall incorporate the category described in section #bdcai7;c77#b77;,c74 4 7#b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bdcai and inserting the following3 #bdcai4 ,grant process and reporting4 4 #bbbjg4 ,increasing service line and asset line plan transparency 7a7 ,in general ,section #bdcbj of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking business line and asset plans and inserting service line and asset line plans2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking of each year and inserting 1 #bjbj1 and biennially thereafter2 7ii7 by striking #e-year business line plans and #e-year asset plans and inserting #e-year service line plans and #e-year asset line plans2 and 7iii7 by adding at the end the following3 ,during each year in which ,amtrak is not required to submit a plan under this paragraph1 ,amtrak shall submit to ,congress updated financial sources and uses statements and forecasts with the annual report required under section #bdcae7;b742 and 7,b7 in paragraph 7#b71 by striking asset plan required in and inserting asset line plan required under2 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking business and inserting service2 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking business and inserting service2 7ii7 by striking business each place such term appears and inserting service2 7iii7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,amtrak ,state-supported train services4 2 7iv7 in subparagraph 7,c71 by striking routes and inserting train services2 and 7v7 by adding at the end the following3 7,e7 ,infrastructure access services for use of ,amtrak-owned or ,amtrak-controlled infrastructure and facilities4 2 7,c7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking business and inserting service2 7ii7 by striking business each place such term appears and inserting service2 7iii7 in subparagraph 7,a71 by striking ,strategic ,plan and #e-year asset plans and inserting #e-year asset line plans2 7iv7 in subparagraph 7,f7 7as redesignated by section #bbbjd7;b77#a771 by striking profit and loss and inserting sources and uses2 7v7 by striking subparagraph 7,g7 7as redesignated by section #bbbjd7;b77#a772 7vi7 by redesignating subparagraphs 7,h7 through 7,m7 7as redesignated by section #bbbjd7;b77#a77 as subparagraphs 7,g7 through 7,l71 respectively2 and 7vii7 by amending subparagraph 7,i7 7as so redesignated7 to read as follows3 7,i7 financial performance for each route1 if deemed applicable by the ,secretary1 within each service line1 including descriptions of the cash operating loss or contribution2 2 7,d7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by striking business and inserting service2 7ii7 by striking business each place such term appears and inserting service2 7iii7 by redesignating subparagraphs 7,a71 7,b71 7,c71 and 7,d7 as clauses 7i71 7ii71 7iii71 and 7iv71 respectively1 and moving such clauses #b ems to the right2 7iv7 by inserting before clause 7i71 as redesignated1 the following3 7,a7 not later than #ahj days after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 submit to the ,secretary1 for approval1 a consultation process for the development of each service line plan that requires ,amtrak to-- 2 7v7 in subparagraph 7,a71 as amended by clause 7iv7-- 7,i7 in clause 7iii71 as redesignated1 by inserting and submit the final service line plan required under subsection 7a77#a7 to the ,state-,supported ,route ,committee before the semicolon at the end2 7,,ii7 in clause 7iv71 as redesignated1 by inserting and after the semicolon at the end2 and 7,,iii7 by adding at the end the following3 7v7 for the infrastructure access service line plan1 consult with the ,northeast ,corridor ,commission and other entities1 as appropriate1 and submit the final asset line plan under subsection 7a77#a7 to the ,northeast ,corridor ,commission2 2 and 7vi7 by redesignating subparagraphs 7,e7 and 7,f7 as subparagraphs 7,b7 and 7,c71 respectively2 7,e7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7,f7 by inserting after paragraph 7#c77;,c71 as redesignated1 the following3 7#d7 #e-year service line plans updates ,amtrak may modify the content to be included in the service line plans described in paragraph 7#a71 upon the approval of the ,secretary1 if the ,secretary determines that such modifications are necessary to improve the transparency1 oversight1 and delivery of ,amtrak services and the use of ,federal funds by ,amtrak4 2 and 7#d7 in subsection 7c7-- 7,a7 in the subsection heading1 by inserting line after asset2 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking categories and inserting lines2 7ii7 in the matter preceding subparagraph 7,a71 by striking asset plan for each of the following asset categories and inserting asset line plan for each of the following asset lines2 7iii7 by redesignating subparagraphs 7,a71 7,b71 7,c71 and 7,d7 as subparagraphs 7,b71 7,c71 7,d71 and 7,e71 respectively2 7iv7 by inserting before subparagraph 7,b71 as redesignated1 the following3 7,a7 ,transportation1 including activities and resources associated with the operation and movement of ,amtrak trains1 onboard services1 and amenities4 2 7v7 in subparagraph 7,b71 as redesignated1 by inserting and maintenance-of-way equipment after facilities2 and 7vi7 in subparagraph 7,c71 as redesignated1 by striking ,passenger rail equipment and inserting ,equipment2 7,c7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by inserting line after asset2 7ii7 in the matter preceding subparagraph 7,a71 by inserting line after asset2 7iii7 in subparagraph 7,a71 by striking category and inserting line2 7iv7 in subparagraph 7,c77iii77,,iii71 by striking and at the end2 7v7 by amending subparagraph 7,d7 to read as follows3 7,d7 annual sources and uses statements and forecasts for each asset line2 and 2 and 7vi7 by adding at the end the following3 7,e7 other elements that ,amtrak elects to include4 2 7,d7 in paragraph 7#c7-- 7i7 in the paragraph heading1 by inserting line after asset2 7ii7 by redesignating subparagraphs 7,a7 and 7,b7 as clauses 7i7 and 7ii7 and moving such clauses #b ems to the right2 7iii7 by inserting before clause 7i71 as redesignated1 the following3 7,a7 not later than #ahj days after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 submit to the ,secretary1 for approval1 a consultation process for the development of each asset line plan that requires ,amtrak to-- 2 7iv7 in subparagraph 7,a71 as added by clause 7iii7-- 7,i7 in clause 7i71 as redesignated-- 7aa7 by striking business each place such term appears and inserting service2 7bb7 by inserting line after asset each place such term appears2 and 7cc7 by adding and at the end2 and 7,,ii7 in clause 7ii71 as redesignated-- 7aa7 by inserting consult with the ,secretary of ,transportation in the development of asset line plans and1 before as applicable2 and 7bb7 by inserting line after #e-year asset2 7v7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 and 7vi7 in subparagraph 7,b71 as redesignated1 by striking category and inserting line2 7,e7 by redesignating paragraphs 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#e71 7#f71 7#g71 and 7#h71 respectively2 7,f7 by inserting after paragraph 7#c7 the following3 7#d7 #e-year asset line plan updates ,amtrak may modify the content to be included in the asset line plans described in paragraph 7#a71 on approval of the ,secretary1 if the ,secretary determines that such modifications are necessary to improve the transparency1 oversight1 and delivery of ,amtrak services and the use of ,federal funds by ,amtrak4 2 7,g7 in paragraph 7#e77;,a71 as redesignated1 by inserting 1 but shall not include corporate services 7as defined pursuant to section #bdcag7;b77 after national assets2 and 7,h7 in paragraph 7#g71 as redesignated1 by striking paragraph 7#d7 and inserting paragraph 7#e74 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bdcbj and inserting the following3 #bdcbj4 ,amtrak #e-year service line and asset line plans44 7c7 ,effective dates ,section #aabjc7;b7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae 7#di ,u4,s4,c4 #bdcbj note7 is amended-- 7#a7 by striking business each place such term appears and inserting service2 and 7#b7 by inserting line after asset each place such term appears4 #bbbjh4 ,passenger experience enhancement 7a7 ,in general ,section #bdcje7;c77#d7 of title #di1 ,united ,states ,code1 is amended by striking only if revenues from the services each year at least equal the cost of providing the services4 7b7 ,food and beverage service working group 7#a7 ,in general ,section #bdcba of title #di1 ,united ,states ,code1 is amended to read as follows3 #bdcba4 ,food and beverage service 7a7 ,working group 7#a7 ,establishment ,not later than #ahj days after enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 ,amtrak shall establish a working group to provide recommendations to improve ,amtrak's onboard food and beverage service4 7#b7 ,membership ,the working group shall consist of individuals representing-- 7,a7 ,amtrak2 7,b7 the labor organizations representing ,amtrak employees who prepare or provide on-board food and beverage service2 7,c7 nonprofit organizations representing ,amtrak passengers2 and 7,d7 ,states that are providing funding for ,state-supported routes4 7b7 ,report ,not later than #a year after the establishment of the working group pursuant to subsection 7a71 the working group shall submit a report to the ,committee on ,commerce1 ,science1 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 service1 including-- 7#a7 ways to improve the financial performance of ,amtrak2 7#b7 ways to increase and retain ridership2 7#c7 the differing needs of passengers traveling on long-distance routes1 ,state supported routes1 and the ,northeast ,corridor2 7#d7 ,amtrak passenger survey data about the food and beverages offered on ,amtrak trains2 7#e7 ways to incorporate local food and beverage items on ,state-supported routes2 and 7#f7 any other issue that the working group determines to be appropriate4 7c7 ,implementation ,not later than #ahj days after the submission of the report pursuant to subsection 7b71 ,amtrak shall submit a plan for implementing the recommendations of the working group1 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 ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7d7 ,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 #bjba1 is involuntarily separated because of the development and implementation of the plan required under this section4 4 7#b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bdcba and inserting the following3 #bdcba4 ,food and beverage service44 #bbbji4 ,amtrak smoking policy 7a7 ,in general ,chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains 7a7 ,prohibition ,beginning on the date of enactment of this section1 ,amtrak shall prohibit smoking1 including the use of electronic cigarettes1 onboard all ,amtrak trains4 7b7 ,electronic cigarette defined ,in this section1 the term electronic cigarette means a device that delivers nicotine or other substances to a user of the device in the form of a vapor that is inhaled to simulate the experience of smoking4 4 7b7 ,clerical amendment ,the analysis for chapter #bdc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bdcbc4 ,prohibition on smoking on ,amtrak trains4 4 #bbbaj4 ,protecting ,amtrak routes through rural communities ,section #bdgjf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking subsection 7b7 of this section1 at least #ahj days and inserting subsection 7c71 not later than #ahj days2 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7e71 respectively2 7#c7 by inserting after subsection 7a7 the following3 7b7 ,discontinuance or substantial alteration of long-distance routes ,except as provided in subsection 7c71 in an emergency1 or during maintenance or construction outages impacting ,amtrak routes1 ,amtrak may not discontinue1 reduce the frequency of1 suspend1 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 ,network4 2 and 7#d7 by inserting after subsection 7c71 as redesignated1 the following3 7d7 ,congressional notification of discontinuance ,except as provided in subsection 7c71 not later than #baj days before discontinuing service over a route1 ,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 occur4 4 #bbbaa4 ,state-,supported ,route ,committee 7a7 ,state-,supported ,route ,committee ,section #bdgab7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,not later than #ahj days after the date of enactment of the ,passenger ,rail ,reform and ,investment ,act of #bjae1 the ,secretary of ,transportation shall establish and inserting ,there is established2 and 7,b7 by inserting current and future before rail operations2 7#b7 by redesignating paragraphs 7#d71 7#e71 and 7#f7 as paragraphs 7#e71 7#f71 and 7#g71 respectively2 7#c7 by inserting after paragraph 7#c7 the following3 7#d7 ,ability to conduct certain business ,if all of the members of #a voting bloc described in paragraph 7#c7 abstain from a ,committee decision1 agreement between the other #b voting blocs consistent with the procedures set forth in such paragraph shall be deemed sufficient for purpose of achieving unanimous consent4 2 7#d7 in paragraph 7#e71 as redesignated1 in the matter preceding subparagraph 7,a7-- 7,a7 by striking convene a meeting and shall define and implement and inserting define and periodically update2 and 7,b7 by striking not later than #ahj days after the date of establishment of the ,committee by the ,secretary2 and 7#e7 in paragraph 7#g71 as redesignated-- 7,a7 in the paragraph heading1 by striking allocation methodology and inserting methodology policy2 7,b7 in subparagraph 7,a71 by striking allocation methodology and inserting methodology policy2 7,c7 by amending subparagraph 7,b7 to read as follows3 7,b7 ,revisions to cost methodology policy 7i7 ,requirement to revise and update ,subject to rules and procedures established pursuant to clause 7iii71 not later than ,march #ca1 #bjbb1 the ,committee shall revise and update the cost methodology policy required and previously approved under section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjija note74 ,the ,committee shall implement a revised cost methodology policy during fiscal year #bjbc4 ,not later than #cj days after the adoption of the revised cost methodology policy1 the ,committee shall submit a report documenting and explaining any changes to the cost methodology policy and plans for implementation of such policy1 including a description of the improvements to the accounting information provided by ,amtrak to the ,states1 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 ,the revised cost methodology policy shall ensure that ,states will be responsible for costs attributable to the provision of service for their routes4 7ii7 ,implementation impacts on ,federal funding ,to the extent that a revision developed pursuant to clause 7i7 assigns to ,amtrak costs that were previously allocated to ,states1 ,amtrak shall request with specificity such additional funding in the general and legislative annual report required under section #bdcae or in any appropriate subsequent ,federal funding request for the fiscal year in which the revised cost methodology policy will be implemented4 7iii7 ,procedures for changing methodology ,notwithstanding section #bji7;b7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7#di ,u4,s4,c4 #bjija note71 the rules and procedures implemented pursuant to paragraph 7#e7 shall include-- 7,i7 procedures for changing the cost methodology policy in accordance with clause 7i72 and 7,,ii7 procedures or broad guidelines for conducting financial planning1 including operating and capital forecasting1 reporting1 data sharing1 and governance4 2 7,d7 in subparagraph 7,c7-- 7i7 in the matter preceding clause 7i71 by striking allocation methodology and inserting methodology policy2 7ii7 in clause 7i71 by striking and at the end2 7iii7 in clause 7ii7-- 7,i7 by striking allocate and inserting assign2 and 7,,ii7 by striking the period and inserting 2 and2 and 7iv7 by adding at the end the following3 7iii7 promote increased efficiency in ,amtrak's operating and capital activities4 2 and 7,e7 by adding at the end the following3 7,d7 ,independent evaluation ,not later than ,march #ca of each year1 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 methodology4 4 7b7 ,invoices and reports ,section #bdgab7;b7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7b7 ,invoices and reports 7#a7 ,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 route1 including fixed costs and third-party costs4 7#b7 ,reports 7,a7 ,in general ,the ,committee shall determine the frequency and contents of-- 7i7 the financial and performance reports that ,amtrak is required to provide to the ,committee and the ,states2 and 7ii7 the planning and demand reports that the ,states are required to provide to the ,committee and ,amtrak4 7,b7 ,monthly statistical report 7i7 ,development ,consistent with the revisions to the policy required under subsection 7a77#g77;,b71 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 ,states4 7ii7 ,provision of necessary data ,not later than #cj days after the last day of each month1 ,amtrak shall provide to the ,states and to the ,committee the necessary data to complete the report developed pursuant to clause 7i7 for such month4 4 7c7 ,dispute resolution ,section #bdgab7;c7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking 7a77#d7 and inserting 7a77#e72 and 7,b7 by striking 7a77#f7 and inserting 7a77#g72 and 7#b7 in paragraph 7#d71 by inserting related to a ,state-supported route that a ,state sponsors that is after amount4 7d7 ,performance metrics ,section #bdgab7;e7 of title #di1 ,united ,states ,code1 is amended by inserting 1 including incentives to increase revenue1 reduce costs1 finalize contracts by the beginning of the fiscal year1 and require ,states to promptly make payments for services delivered before the period at the end4 7e7 ,statement of goals and objectives ,section #bdgab7;f7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting 1 and review and update1 as necessary1 after shall develop2 7#b7 in paragraph 7#b71 by striking ,not later than #b years after the date of enactment of the ,passenger ,rail ,reform and ,investment ,act of #bjae1 the ,committee shall transmit the statement and inserting ,as applicable1 based on updates1 the ,committee shall submit an updated statement2 and 7#c7 by adding at the end the following3 7#c7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 the ,committee shall be the forum where ,amtrak and the ,states collaborate on the planning1 improvement1 and development of corridor routes across the ,national ,network2 and 7,b7 such collaboration should include regular consultation with interstate rail compact parties and other regional planning organizations that address passenger rail4 4 7f7 ,other reforms related to ,state-supported routes ,section #bdgab of title #di1 ,united ,states ,code1 as amended by subsections 7a7 through 7e71 is further amended-- 7#a7 by redesignating subsections 7g7 and 7h7 as subsections 7k7 and 7l71 respectively2 and 7#b7 by inserting after subsection 7f7 the following3 7g7 ,new ,state-supported routes 7#a7 ,consultation ,in developing a new ,state-supported route1 ,amtrak shall consult with-- 7,a7 the ,state or ,states and local municipalities through which such new service would operate2 7,b7 commuter authorities and regional transportation authorities in the areas that would be served by the planned route2 7,c7 host railroads2 7,d7 the ,administrator of the ,federal ,railroad ,administration2 and 7,e7 other stakeholders1 as appropriate4 7#b7 ,state commitments ,notwithstanding any other provision of law1 before beginning construction necessary for1 or beginning operation of1 a ,state-supported route that is initiated on or after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 ,amtrak shall enter into a memorandum of understanding1 or otherwise secure an agreement1 with each ,state that would be providing funding for such route for sharing-- 7,a7 ongoing operating costs and capital costs in accordance with the cost methodology policy referred to in subsection 7a77#g7 then in effect2 or 7,b7 ongoing operating costs and capital costs in accordance with the maximum funding limitations described in section #bbijh7;e74 7#c7 ,application of terms ,in this subsection1 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 7a77#g74 7h7 ,cost methodology policy update implementation report ,not later than #ah months after the updated cost methodology policy required under subsection 7a77#g77;,b7 is implemented1 the ,committee shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that assesses the implementation of the updated policy4 7i7 ,identification of ,state-supported route changes ,amtrak shall-- 7#a7 not later than #abj days before the submission of the general and legislative annual report required under section #bdcae7;b71 consult with the ,committee and any additional ,states through which a ,state-supported route may operate regarding any proposed changes to such route2 and 7#b7 include in such report an update of any planned or proposed changes to ,state-supported routes1 including the introduction of new ,state-supported routes1 including-- 7,a7 the timeframe in which such changes would take effect2 and 7,b7 whether ,amtrak has entered into commitments with the affected ,states pursuant subsection 7g77#b74 7j7 ,economic analysis ,not later than #c years after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 the ,committee shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7#a7 describes the role of the ,state-supported routes in economic development2 and 7#b7 examines the impacts of the ,state-supported routes on local station areas1 job creation1 transportation efficiency1 ,state economies1 and the national economy4 4 #bbbab4 ,enhancing cross border service 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 ,amtrak1 after consultation with the ,secretary1 the ,secretary of ,homeland ,security1 relevant ,state departments of transportation1 ,canadian governmental agencies and entities1 and owners of the relevant rail infrastructure and facilities1 shall submit a report to the ,committee on ,commerce1 ,science1 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-- 7#a7 identifies challenges to ,amtrak operations in ,canada1 including delays associated with custom and immigration inspections in both the ,united ,states and ,canada2 and 7#b7 includes recommendations to improve such cross border service1 including the feasibility of and costs associated with a preclearance facility or facilities4 7b7 ,assistance and support ,the ,secretary1 the ,secretary of ,state1 and the ,secretary of ,homeland ,security may provide assistance and support requested by ,amtrak that is necessary to carry out this section1 as determined appropriate by the respective ,secretary4 #bbbac4 ,creating quality jobs ,section #aba of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdcab note7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7f72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,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 work4 7e7 ,agreement prohibitions on contracting out ,this section does not-- 7#a7 supersede a prohibition or limitation on contracting out work covered by an agreement entered into between ,amtrak and an organization representing ,amtrak employees2 or 7#b7 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 7d74 4 #bbbad4 ,amtrak daily long-distance service study 7a7 ,in general ,the ,secretary shall conduct a study to evaluate the restoration of daily intercity rail passenger service along-- 7#a7 any ,amtrak long-distance routes that1 as of the date of enactment of this ,act1 were discontinued2 and 7#b7 any ,amtrak long-distance routes that1 as of the date of enactment of this ,act1 occur on a nondaily basis4 7b7 ,inclusions ,the study under subsection 7a7 shall-- 7#a7 evaluate all options for restoring or enhancing to daily-basis intercity rail passenger service along each ,amtrak route described in that subsection2 7#b7 select a preferred option for restoring or enhancing the service described in paragraph 7#a72 7#c7 develop a prioritized inventory of capital projects and other actions that are required to restore or enhance the service described in paragraph 7#a71 including cost estimates for those projects and actions2 7#d7 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 route2 and 7#e7 identify ,federal and non-,federal funding sources required to restore or enhance the service described in paragraph 7#a71 including-- 7,a7 increased ,federal funding for ,amtrak based on applicable reductions or discontinuations in service2 and 7,b7 options for entering into public-private partnerships to restore that service4 7c7 ,other factors when considering expansions ,in evaluating intercity passenger rail routes under this section1 the ,secretary may evaluate potential new ,amtrak long-distance routes1 including with specific attention provided to routes in service as of ,april #aiga but not continued by ,amtrak1 taking into consideration whether those new routes would-- 7#a7 link and serve large and small communities as part of a regional rail network2 7#b7 advance the economic and social well-being of rural areas of the ,united ,states2 7#c7 provide enhanced connectivity for the national long-distance passenger rail system2 and 7#d7 reflect public engagement and local and regional support for restored passenger rail service4 7d7 ,consultation ,in conducting the study under this section1 the ,secretary shall consult1 through working groups or other forums as the ,secretary determines to be appropriate1 with-- 7#a7 ,amtrak2 7#b7 each ,state along a relevant route2 7#c7 regional transportation planning organizations and metropolitan planning organizations1 municipalities1 and communities along those relevant routes1 to be selected by the ,secretary2 7#d7 host railroad carriers the tracks of which may be used for a service described in subsection 7a72 7#e7 organizations representing onboard ,amtrak employees2 7#f7 nonprofit organizations representing ,amtrak passengers2 7#g7 relevant regional passenger rail authorities and federally recognized ,indian ,tribes2 and 7#h7 such other entities as the ,secretary may select4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7#a7 the preferred options selected under subsection 7b77#b71 including the reasons for selecting each option2 7#b7 the information described in subsection 7b77#c72 7#c7 the funding sources identified pursuant to subsection 7b77#e72 7#d7 the estimated costs and public benefits of restoring or enhancing intercity rail passenger transportation in the region impacted for each relevant ,amtrak route2 and 7#e7 any other information the ,secretary determines to be appropriate4 7f7 ,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 7d7-- 7#a7 #g1ejj1jjj for fiscal year #bjbb2 and 7#b7 #g1ejj1jjj for fiscal year #bjbc4 ,c ,intercity passenger rail policy #bbcja4 ,northeast ,corridor planning ,section #bdijd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsections 7a7 and 7d72 7#b7 by redesignating subsections 7b7 and 7c7 as subsections 7c7 and 7d71 respectively2 7#c7 by inserting before subsection 7c71 as redesignated1 the following3 7a7 ,northeast ,corridor service development plan 7#a7 ,in general ,not later than ,march #ca1 #bjbb1 the ,northeast ,corridor ,commission established under section #bdije 7referred to in this section as the ,commission7 shall submit a service development plan to ,congress4 7#b7 ,contents ,the plan required under paragraph 7#a7 shall-- 7,a7 identify key state-of-good-repair1 capacity expansion1 and capital improvement projects planned for the ,northeast ,corridor2 7,b7 provide a coordinated and consensus-based plan covering a #ae-year period2 7,c7 identify service objectives and the capital investments required to meet such objectives2 7,d7 provide a delivery-constrained strategy that identifies-- 7i7 capital investment phasing2 7ii7 an evaluation of workforce needs2 and 7iii7 strategies for managing resources and mitigating construction impacts on operations2 and 7,e7 include a financial strategy that identifies funding needs and potential funding sources4 7#c7 ,updates ,the ,commission shall update the service development plan not less frequently than once every #e years4 7b7 ,northeast ,corridor capital investment plan 7#a7 ,in general ,not later than ,november #a of each year1 the ,commission shall-- 7,a7 develop an annual capital investment plan for the ,northeast ,corridor2 and 7,b7 submit the capital investment plan to-- 7i7 the ,secretary of ,transportation2 7ii7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#b7 ,contents ,the plan required under paragraph 7#a7 shall-- 7,a7 reflect coordination across the entire ,northeast ,corridor2 7,b7 integrate the individual capital plans developed by ,amtrak1 ,states1 and commuter authorities in accordance with the cost allocation policy developed and approved under section #bdije7;c72 7,c7 cover a period of #e fiscal years1 beginning with the fiscal year during which the plan is submitted2 7,d7 notwithstanding section #bdijb7;b71 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 7a71 and the asset condition needs identified in the ,northeast ,corridor asset management plans1 after considering-- 7i7 the benefits and costs of capital investments in the plan2 7ii7 project and program readiness2 7iii7 the operational impacts2 and 7iv7 ,federal and non-,federal funding availability2 7,e7 categorize capital projects and programs as primarily associated with #a of the categories listed under section #bdcai7;c77#b77;,c72 7,f7 identify capital projects and programs that are associated with more than #a category described in subparagraph 7,e72 and 7,g7 include a financial plan that identifies-- 7i7 funding sources and financing methods2 7ii7 the status of cost sharing agreements pursuant to the cost allocation policy developed under section #bdije7;c72 7iii7 the projects and programs that the ,commission expects will receive ,federal financial assistance2 and 7iv7 the eligible entity or entities that the ,commission expects-- 7,i7 to receive the ,federal financial assistance referred to in clause 7iii72 and 7,,ii7 to implement each capital project4 7#c7 ,review and coordination ,the ,commission shall require that the information described in paragraph 7#b7 be submitted in a timely manner to allow for a reasonable period of review by1 and coordination with1 affected agencies before the ,commission submits the capital investment plan pursuant to paragraph 7#a74 2 7#d7 in subsection 7c71 as redesignated1 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 year42 and 7#e7 by amending subsection 7d71 as redesignated1 to read as follows3 7d7 ,northeast ,corridor capital asset management system 7#a7 ,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 system1 as necessary1 to develop submissions to the ,northeast ,corridor capital investment plan described in subsection 7b74 7#b7 ,features ,the system required under paragraph 7#a7 shall develop submissions that-- 7,a7 are consistent with the transit asset management system 7as defined in section #ecbf7;a77#c772 and 7,b7 include-- 7i7 an inventory of all capital assets owned by the developer of the plan2 7ii7 an assessment of condition of such capital assets2 7iii7 a description of the resources and processes that will be necessary to bring or to maintain such capital assets in a state of good repair2 and 7iv7 a description of changes in the condition of such capital assets since the submission of the prior version of the plan4 4 #bbcjb4 ,northeast ,corridor ,commission ,section #bdije of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a77;,d71 by inserting authorities after carriers2 7#b7 in subsection 7b77#c77;,b7-- 7,a7 in clause 7i7-- 7i7 by inserting 1 including ridership trends1 after transportation2 and 7ii7 by striking and at the end2 7,b7 in clause 7ii7-- 7i7 by inserting first year of the after the delivery of the2 and 7ii7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7iii7 progress in assessing and eliminating the state-of-good-repair backlog4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking ,development of policy and inserting ,policy2 7ii7 in subparagraph 7,a71 by striking develop a standardized policy and inserting develop and maintain the standardized policy first approved on ,september #ag1 #bjae1 and update1 as appropriate12 7iii7 by amending subparagraph 7,b7 to read as follows3 7,b7 develop timetables for implementing and maintaining the policy2 2 7iv7 in subparagraph 7,c71 by striking the policy and the timetable and inserting updates to the policy and timetables2 and 7v7 by amending subparagraph 7,d7 to read as follows3 7,d7 support the efforts of the members of the ,commission to implement the policy in accordance with the timetables developed pursuant to subparagraph 7,b72 2 7,b7 by amending paragraph 7#b7 to read as follows3 7#b7 ,implementation 7,a7 ,in general ,in accordance with the timetables developed pursuant to paragraph 7#a77;,b71 ,amtrak and commuter authorities on the ,northeast ,corridor shall implement the policy developed under paragraph 7#a7 in their agreements for usage of facilities or services4 7,b7 ,effect of failure to implement or comply with policy ,if the entities referred to in subparagraph 7,a7 fail to implement the policy in accordance with paragraph 7#a77;,d7 or fail to comply with the policy thereafter1 the ,surface ,transportation ,board shall-- 7i7 determine the appropriate compensation in accordance with the procedures and procedural schedule applicable to a proceeding under section #bdijc7;c71 after taking into consideration the policy developed under paragraph 7#a72 and 7ii7 enforce its determination on the party or parties involved4 2 and 7,c7 in paragraph 7#d71 by striking public authorities providing commuter rail passenger transportation and inserting commuter authorities2 and 7#d7 in subsection 7d7-- 7,a7 by striking #bjaf through #bjbj and inserting #bjbb through #bjbf2 and 7,b7 by striking section #aaaja7;g7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae and inserting section #bbaja7;e7 of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba4 #bbcjc4 ,consolidated rail infrastructure and safety improvements 7a7 ,in general ,section #bbijg of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by inserting 7including the ,district of ,columbia7 after ,state2 7,b7 in paragraph 7#f71 by inserting rail carrier and intercity rail passenger transportation are before defined2 7,c7 by redesignating paragraphs 7#h7 through 7#aa7 as paragraphs 7#aj7 through 7#ac71 respectively2 and 7,d7 by inserting after paragraph 7#g7 the following3 7#h7 ,an association representing #a or more railroads described in paragraph 7#g74 2 7#i7 ,a federally recognized ,indian ,tribe4 2 7#b7 in subsection 7c7-- 7,a7 in paragraph 7#c71 by adding or safety after congestion2 7,b7 in paragraph 7#f71 by striking and and inserting or2 7,c7 by redesignating paragraphs 7#aa7 and 7#ab7 as paragraphs 7#ab7 and 7#ac71 respectively2 7,d7 by inserting after paragraph 7#aj7 the following3 7#aa7 ,the development and implementation of measures to prevent trespassing and reduce associated injuries and fatalities4 2 and 7,e7 by inserting after paragraph 7#ac71 as redesignated1 the following3 7#ad7 ,research1 development1 and testing to advance and facilitate innovative rail projects1 including projects using electromagnetic guideways in an enclosure in a very low-pressure environment4 7#ae7 ,the preparation of emergency plans for communities through which hazardous materials are transported by rail4 7#af7 ,rehabilitating1 remanufacturing1 procuring1 or overhauling locomotives1 provided that such activities result in a significant reduction of emissions4 2 and 7#c7 in subsection 7h71 by adding at the end the following3 7#d7 ,grade crossing and trespassing projects ,applicants may use costs incurred previously for preliminary engineering associated with highway-rail grade crossing improvement projects under subsection 7c77#e7 and trespassing prevention projects under subsection 7c77#aa7 to satisfy the non-,federal share requirements4 4 7b7 ,rule of construction ,the amendments made by subsection 7a7 may not be construed to affect any grant1 including any application for a grant1 made under section #bbijg of title #di1 ,united ,states ,code1 before the date of enactment of this ,act4 7c7 ,technical correction 7#a7 ,in general ,section #bbijg7l77#a77;,a7 of title #di1 ,united ,states ,code1 is amended by inserting 1 including highway construction over rail facilities as an alternative to construction or improvement of a highway-rail grade crossing1 after under chapter #bbg4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply to amounts remaining under section #bbijg7l7 of title #di1 ,united ,states ,code1 from appropriations for prior fiscal years4 #bbcjd4 ,restoration and enhancement grants ,section #bbijh of title #di1 ,united ,states ,code1 is amended-- 7#a7 by amending subsection 7a7 to read as follows3 7a7 ,definitions ,in this section3 7#a7 ,applicant ,notwithstanding section #bbija7a71 the term applicant means-- 7,a7 a ,state1 including the ,district of ,columbia2 7,b7 a group of ,states2 7,c7 an entity implementing an interstate compact2 7,d7 a public agency or publicly chartered authority established by #a or more ,states2 7,e7 a political subdivision of a ,state2 7,f7 a federally recognized ,indian ,tribe2 7,g7 ,amtrak or another rail carrier that provides intercity rail passenger transportation2 7,h7 any rail carrier in partnership with at least #a of the entities described in subparagraphs 7,a7 through 7,f72 and 7,i7 any combination of the entities described in subparagraphs 7,a7 through 7,f74 7#b7 ,operating assistance ,the term operating assistance1 with respect to any route subject to section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 means any cost allocated1 or that may be allocated1 to a route pursuant to the cost methodology established under such section or under section #bdgab4 2 7#b7 in subsection 7c77#c71 by striking #c years each place such term appears and inserting #f years2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#h71 by striking and2 7,b7 in paragraph 7#i71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#aj7 for routes selected under the ,corridor ,identification and ,development ,program and operated by ,amtrak4 2 and 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking assistance2 and 7ii7 by striking #c years and inserting #f years 7including for any such routes selected for funding before the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba72 and 7,b7 in paragraph 7#c71 by striking subparagraphs 7,a71 7,b71 and 7,c7 and inserting the following3 7,a7 #ij percent of the projected net operating costs for the first year of service2 7,b7 #hj percent of the projected net operating costs for the second year of service2 7,c7 #gj percent of the projected net operating costs for the third year of service2 7,d7 #fj percent of the projected net operating costs for the fourth year of service2 7,e7 #ej percent of the projected net operating costs for the fifth year of service2 and 7,f7 #cj percent of the projected net operating costs for the sixth year of service4 4 #bbcje4 ,railroad crossing elimination program 7a7 ,in general ,chapter #bbi of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bbiji4 ,railroad ,crossing ,elimination ,program 7a7 ,in general ,the ,secretary of ,transportation1 in cooperation with the ,administrator of the ,federal ,railroad ,administration1 shall establish a competitive grant program 7referred to in this section as the ,program7 under which the ,secretary shall award grants to eligible recipients described in subsection 7c7 for highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods4 7b7 ,goals ,the goals of the ,program are-- 7#a7 to eliminate highway-rail grade crossings that are frequently blocked by trains2 7#b7 to improve the health and safety of communities2 7#c7 to reduce the impacts that freight movement and railroad operations may have on underserved communities2 and 7#d7 to improve the mobility of people and goods4 7c7 ,eligible recipients ,the following entities are eligible to receive a grant under this section3 7#a7 ,a ,state1 including the ,district of ,columbia1 ,puerto ,rico1 and other ,united ,states territories and possessions4 7#b7 ,a political subdivision of a ,state4 7#c7 ,a federally recognized ,indian ,tribe4 7#d7 ,a unit of local government or a group of local governments4 7#e7 ,a public port authority4 7#f7 ,a metropolitan planning organization4 7#g7 ,a group of entities described in any of paragraphs 7#a7 through 7#f74 7d7 ,eligible projects ,the ,secretary may award a grant under the ,program for a highway-rail or pathway-rail grade crossing improvement project 7including acquiring real property interests7 involving-- 7#a7 grade separation or closure1 including through the use of a bridge1 embankment1 tunnel1 or combination thereof2 7#b7 track relocation2 7#c7 the improvement or installation of protective devices1 signals1 signs1 or other measures to improve safety1 provided that such activities are related to a separation or relocation project described in paragraph 7#a7 or 7#b72 7#d7 other means to improve the safety and mobility of people and goods at highway-rail grade crossings 7including technological solutions72 7#e7 a group of related projects described in paragraphs 7#a7 through 7#d7 that would collectively improve the mobility of people and goods2 or 7#f7 the planning1 environmental review1 and design of an eligible project described in paragraphs 7#a7 through 7#e74 7e7 ,application process 7#a7 ,in general ,an eligible entity seeking a grant under the ,program shall submit an application to the ,secretary at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,railroad approvals 7,a7 ,in general ,except as provided in subparagraph 7,b71 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 ,program4 7,b7 ,exception ,the requirement under subparagraph 7,a7 shall not apply to planning projects described in subsection 7d77#f7 if the applicant agrees to work collaboratively with rail carriers and right-of-way owners4 7f7 ,project selection criteria 7#a7 ,in general ,in awarding grants under the ,program1 the ,secretary shall evaluate the extent to which proposed projects would-- 7,a7 improve safety at highway-rail or pathway-rail grade crossings2 7,b7 grade separate1 eliminate1 or close highway-rail or pathway-rail grade crossings2 7,c7 improve the mobility of people and goods2 7,d7 reduce emissions1 protect the environment1 and provide community benefits1 including noise reduction2 7,e7 improve access to emergency services2 7,f7 provide economic benefits2 and 7,g7 improve access to communities separated by rail crossings4 7#b7 ,additional considerations ,in awarding grants under the ,program1 the ,secretary shall consider-- 7,a7 the degree to which the proposed project will use-- 7i7 innovative technologies2 7ii7 innovative design and construction techniques2 or 7iii7 construction materials that reduce greenhouse gas emissions2 7,b7 the applicant's planned use of contracting incentives to employ local labor1 to the extent permissible under ,federal law2 7,c7 whether the proposed project will improve the mobility of-- 7i7 multiple modes of transportation1 including ingress and egress from freight facilities2 or 7ii7 users of nonvehicular modes of transportation1 such as pedestrians1 bicyclists1 and public transportation2 7,d7 whether the proposed project is identified in-- 7i7 the freight investment plan component of a ,state freight plan1 as required under section #gjbjb7;b77#i72 7ii7 a ,state rail plan prepared in accordance with chapter #bbg2 or 7iii7 a ,state highway-rail grade crossing action plan1 as required under section #aadja7;b7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae 7title ,,xi of ,public ,law #aad-id72 and 7,e7 the level of financial support provided by impacted rail carriers4 7#c7 ,award distribution ,in selecting grants for ,program funds in any fiscal year1 the ,secretary shall comply with the following limitations3 7,a7 ,grant funds ,not less than #bj 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 lands4 ,the requirement under section #bbijg7l71 which applies to this section1 shall not apply to grant funds reserved specifically under this subparagraph4 ,not less than #e percent of the grant funds reserved under this subparagraph shall be reserved for projects in counties with #bj or fewer residents per square mile1 according to the most recent decennial census1 provided that sufficient eligible applications have been submitted4 7,b7 ,planning grants ,not less than #be percent of the grant funds set aside for planning projects in any fiscal year pursuant to section #bbajd7;b7 of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba shall be awarded for projects located in rural areas or on tribal lands4 7,c7 ,state limitation ,not more than #bj percent of the grant funds available for the ,program in any fiscal year may be selected for projects in any single ,state4 7,d7 ,minimum size ,no grant awarded under this section shall be for less than #a1jjj1jjj1 except for a planning grant described in subsection 7d77#f74 7g7 ,cost share ,except as provided in paragraph 7#b71 the ,federal share of the cost of a project carried out using a grant under the ,program may not exceed #hj percent of the total cost of the project4 ,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 costs4 7h7 ,congressional notification ,not later than #c days before awarding a grant for a project under the ,program1 the ,secretary shall submit written notification of the proposed grant to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 which shall include-- 7#a7 a summary of the project2 and 7#b7 the amount of the proposed grant award4 7i7 ,annual report ,not later than #fj days after each round of award notifications1 the ,secretary shall post1 on the public website of the ,department of ,transportation-- 7#a7 a list of all eligible applicants that submitted an application for funding under the ,program during the current fiscal year2 7#b7 a list of the grant recipients and projects that received grant funding under the ,program during such fiscal year2 and 7#c7 a list of the proposed projects and applicants that were determined to be ineligible4 7j7 ,commuter rail eligibility and grant conditions 7#a7 ,in general ,section #bbije7;f7 shall not apply to grants awarded under this section for commuter rail passenger transportation projects4 7#b7 ,administration of funds ,the ,secretary of ,transportation shall transfer amounts awarded under this section for commuter rail passenger transportation projects to the ,federal ,transit ,administration1 which shall administer such funds in accordance with chapter #ec4 7#c7 ,protective arrangements 7,a7 ,in general ,notwithstanding paragraph 7#b7 and section #bbije7;e77#a71 as a condition of receiving a grant under this section1 any employee covered by the ,railway ,labor ,act 7#de ,u4,s4,c4 #aea et seq47 and the ,railroad ,retirement ,act of #aigd 7#de ,u4,s4,c4 #bca et seq47 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 #bbije7;c77#b77;,b74 7,b7 ,implementation ,a grant recipient under this section1 and the successors1 assigns1 and contractors of such grant recipient-- 7i7 shall be bound by the employee protective arrangements required under subparagraph 7,a72 and 7ii7 shall be responsible for the implementation of such arrangements and for the obligations under such arrangements1 but may arrange for another entity to take initial responsibility for compliance with the conditions of such arrangement4 7k7 ,defined term ,in this section1 the term rural area means any area that is not within an area designated as an urbanized area by the ,bureau of the ,census4 4 7b7 ,clerical amendment ,the analysis for chapter #bbi of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bbiji4 ,railroad ,crossing ,elimination ,program4 4 #bbcjf4 ,interstate rail compacts 7a7 ,in general ,chapter #bbi of title #di1 ,united ,states ,code 7as amended by section #bbcje7;a771 is further amended by adding at the end the following3 #bbiaj4 ,interstate ,rail ,compacts ,grant ,program 7a7 ,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 #daj of the ,amtrak ,reform and ,accountability ,act of #aiig 7#di ,u4,s4,c4 #bdaja note7 for-- 7#a7 costs of administration2 7#b7 systems planning1 including studying the impacts on freight rail operations and ridership2 7#c7 promotion of intercity passenger rail operation2 7#d7 preparation of applications for competitive ,federal grant programs2 and 7#e7 operations coordination4 7b7 ,maximum amount ,the ,secretary may not award a grant under this section in an amount exceeding #a1jjj1jjj per year4 7c7 ,selection criteria ,in selecting a recipient of a grant for an eligible project under this section1 the ,secretary shall consider-- 7#a7 the amount of funding received 7including funding from a rail carrier 7as defined in section #bdajb77 or other participation by ,state1 local1 and regional governments and the private sector2 7#b7 the applicant's work to foster economic development through rail service1 particularly in rural communities2 7#c7 whether the applicant seeks to restore service over routes formerly operated by ,amtrak1 including routes described in section #aacjd7;a7 of the ,passenger ,rail ,reform and ,investment ,act of #bjae 7title ,,xi of division ,a of ,public ,law #aad-id72 7#d7 the applicant's dedication to providing intercity passenger rail service to regions and communities that are underserved or not served by other intercity public transportation2 7#e7 whether the applicant is enhancing connectivity and geographic coverage of the existing national network of intercity passenger rail service2 7#f7 whether the applicant has prepared regional rail or corridor service development plans and corresponding environmental analysis2 and 7#g7 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 modes1 including between intercity passenger rail service and intercity bus service or commercial air service4 7d7 ,numerical limitation ,the ,secretary may not award grants under this section for more than #aj interstate rail compacts in any fiscal year4 7e7 ,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 ,amtrak4 7f7 ,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 #ej percent of the eligible expenses of carrying out the interstate rail compact under this section4 7g7 ,report ,not later than #c years after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 the ,secretary1 after consultation with grant recipients under this section1 shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 the implementation of this section2 7#b7 the status of the planning efforts and coordination funded by grants awarded under this section2 7#c7 the plans of grant recipients for continued implementation of the interstate rail compacts2 7#d7 the status of1 and data regarding1 any new1 restored1 or enhanced rail services initiated under the interstate rail compacts2 and 7#e7 any legislative recommendations4 4 7b7 ,clerical amendment ,the analysis for chapter #bbi of title #di1 ,united ,states ,code 7as amended by section #bbcje7;b771 is amended by adding at the end the following3 #bbiaj4 ,interstate ,rail ,compacts ,grant ,program4 4 7c7 ,identification ,section #daj of the ,amtrak ,reform and ,accountability ,act of #aiig 7,public ,law #aje-acd2 #di ,u4,s4,c4 #bdaja note7 is amended-- 7#a7 in subsection 7b77#b71 by striking 7except funds made available for ,amtrak72 and 7#b7 by adding at the end the following3 7c7 ,notification requirement ,any ,state that enters into an interstate compact pursuant to subsection 7a7 shall notify the ,secretary of ,transportation of such compact not later than #fj days after it is formed4 ,the failure of any ,state to notify the ,secretary under this subsection shall not affect the status of the interstate compact4 7d7 ,interstate rail compacts program ,the ,secretary of ,transportation shall-- 7#a7 make available on a publicly accessible website a list of interstate rail compacts established under subsection 7a7 before the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba and interstate rail compacts established after such date2 and 7#b7 make information regarding interstate rail compacts available to the public1 including how ,states may establish interstate rail compacts under subsection 7a71 and update such information1 as necessary4 4 #bbcjg4 ,federal-,state partnership for intercity passenger rail grants 7a7 ,in general ,section #bdiaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 in the section heading1 by striking for state of good repair and inserting for intercity passenger rail2 7#b7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,f71 by striking or at the end2 7ii7 by redesignating subsection 7,g7 as subsection 7,h72 7iii7 by inserting after subparagraph 7,f71 the following3 7,g7 a federally recognized ,indian ,tribe2 or 2 and 7iv7 in subsection 7,h71 as redesignated1 by striking 7,f7 and inserting 7,g72 7,b7 by striking paragraphs 7#b7 and 7#e72 and 7,c7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#b7 and 7#c71 respectively2 7#c7 in subsection 7b71 by striking with respect to qualified railroad assets and inserting 1 improve performance1 or expand or establish new intercity passenger rail service1 including privately operated intercity passenger rail service if an eligible applicant is involved22 7#d7 by striking subsections 7c7 through 7e7 and inserting the following3 7c7 ,eligible projects ,the following capital projects1 including acquisition of real property interests1 are eligible to receive grants under this section3 7#a7 ,a project to replace1 rehabilitate1 or repair infrastructure1 equipment1 or a facility used for providing intercity passenger rail service to bring such assets into a state of good repair4 7#b7 ,a project to improve intercity passenger rail service performance1 including reduced trip times1 increased train frequencies1 higher operating speeds1 improved reliability1 expanded capacity1 reduced congestion1 electrification1 and other improvements1 as determined by the ,secretary4 7#c7 ,a project to expand or establish new intercity passenger rail service4 7#d7 ,a group of related projects described in paragraphs 7#a7 through 7#c74 7#e7 ,the planning1 environmental studies1 and final design for a project or group of projects described in paragraphs 7#a7 through 7#d74 7d7 ,project selection criteria ,in selecting a project for funding under this section-- 7#a7 for projects located on the ,northeast ,corridor1 the ,secretary shall-- 7,a7 make selections consistent with the ,northeast ,corridor ,project ,inventory published pursuant to subsection 7e77#a71 unless when necessary to address materially changed infrastructure or service conditions1 changes in project sponsor capabilities or commitments1 or other significant changes since the completion of the most recently issued ,northeast ,corridor ,project ,inventory2 and 7,b7 for projects that benefit intercity and commuter rail services1 only make such selections when ,amtrak and the public authorities providing commuter rail passenger transportation at the eligible project location-- 7i7 are in compliance with section #bdije7;c77#b72 and 7ii7 identify funding for the intercity passenger rail share1 the commuter rail share1 and the local share of the eligible project before the commencement of the project2 7#b7 for projects not located on the ,northeast ,corridor1 the ,secretary shall-- 7,a7 give preference to eligible projects-- 7i7 for which ,amtrak is not the sole applicant2 7ii7 that improve the financial performance1 reliability1 service frequency1 or address the state of good repair of an ,amtrak route2 and 7iii7 that are identified in1 and consistent with1 a corridor inventory prepared under the ,corridor ,identification and ,development ,program pursuant to section #beaja2 and 7,b7 take into account-- 7i7 the cost-benefit analysis of the proposed project1 including anticipated private and public benefits relative to the costs of the proposed project1 including-- 7,i7 effects on system and service performance1 including as measured by applicable metrics set forth in part #bgc of title #di1 ,code of ,federal ,regulations 7or successor regulations72 7,,ii7 effects on safety1 competitiveness1 reliability1 trip or transit time1 greenhouse gas emissions1 and resilience2 7,,iii7 anticipated positive economic and employment impacts1 including development in areas near passenger stations1 historic districts1 or other opportunity zones2 7,,iv7 efficiencies from improved connections with other modes2 and 7,v7 ability to meet existing or anticipated demand2 7ii7 the degree to which the proposed project's business plan considers potential private sector participation in the financing1 construction1 or operation of the proposed project2 7iii7 the applicant's past performance in developing and delivering similar projects1 and previous financial contributions2 7iv7 whether the applicant has1 or will have-- 7,i7 the legal1 financial1 and technical capacity to carry out the project2 7,,ii7 satisfactory continuing access to the equipment or facilities2 and 7,,iii7 the capability and willingness to maintain the equipment or facilities2 7v7 if applicable1 the consistency of the project with planning guidance and documents set forth by the ,secretary or otherwise required by law2 7vi7 whether the proposed project serves historically unconnected or underconnected communities2 and 7vii7 any other relevant factors1 as determined by the ,secretary2 and 7#c7 the ,secretary shall reserve-- 7,a7 not less than #de percent of the amounts appropriated for grants under this section for projects not located along the ,northeast ,corridor1 of which not less than #bj percent shall be for projects that benefit 7in whole or in part7 a long-distance route2 and 7,b7 not less than #de percent of the amounts appropriated for grants under this section for projects listed on the ,northeast ,corridor project inventory published pursuant to subsection 7e77#a74 7e7 ,long-term planning ,not later than #a year after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 and every #b years thereafter1 the ,secretary shall create a predictable project pipeline that will assist ,amtrak1 ,states1 and the public with long-term capital planning by publishing a ,northeast ,corridor project inventory that-- 7#a7 identifies capital projects for ,federal investment1 project applicants1 and proposed ,federal funding levels under this section2 7#b7 specifies the order in which the ,secretary will provide grant funding to projects that have identified sponsors and are located along the ,northeast ,corridor1 including a method and plan for apportioning funds to project sponsors for the #b-year period1 which may be altered by the ,secretary1 as necessary1 if recipients are not carrying out projects in accordance with the anticipated schedule2 7#c7 takes into consideration the appropriate sequence and phasing of projects described in the ,northeast ,corridor capital investment plan developed pursuant to section #bdijd7;a72 7#d7 is consistent with the most recent ,northeast ,corridor service development plan update described in section #bdijd7;d72 7#e7 takes into consideration the existing commitments and anticipated ,federal1 project applicant1 sponsor1 and other relevant funding levels for the next #e fiscal years based on information currently available to the ,secretary2 and 7#f7 is developed in consultation with the ,northeast ,corridor ,commission and the owners of ,northeast ,corridor infrastructure and facilities4 2 7#e7 in subsection 7f77#b71 by inserting 1 except as specified under paragraph 7#d7 after #hj percent2 7#f7 in subsection 7g7-- 7,a7 in the subsection heading1 by inserting 2 phased funding agreements after intent2 7,b7 in paragraph 7#a7-- 7i7 in the paragraph heading1 by striking ,in general and inserting ,letters of intent2 and 7ii7 by striking shall1 to the maximum extent practicable1 and inserting may2 7,c7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,phased funding agreements 7,a7 ,in general ,the ,secretary may enter into a phased funding agreement with an applicant if-- 7i7 the project is highly rated1 based on the evaluations and ratings conducted pursuant to this section and the applicable notice of funding opportunity2 and 7ii7 the ,federal assistance to be provided for the project under this section is more than #hj1jjj1jjj4 7,b7 ,terms ,a phased funding agreement shall-- 7i7 establish the terms of participation by the ,federal ,government in the project2 7ii7 establish the maximum amount of ,federal financial assistance for the project2 7iii7 include the period of time for completing the project1 even if such period extends beyond the period for which ,federal financial assistance is authorized2 7iv7 make timely and efficient management of the project easier in accordance with ,federal law2 and 7v7 if applicable1 specify when the process for complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and related environmental laws will be completed for the project4 7,c7 ,special financial rules 7i7 ,in general ,a phased funding agreement under this paragraph obligates an amount of available budget authority specified in law and may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7ii7 ,statement of contingent commitment ,the agreement shall state that the contingent commitment is not an obligation of the ,government4 7iii7 ,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 funding agreement1 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 borrowing4 ,the applicant shall certify1 to the satisfaction of the ,secretary1 that the applicant has shown reasonable diligence in seeking the most favorable financing terms4 7iv7 ,failure to carry out project ,if an applicant does not carry out the project for reasons within the control of the applicant1 the applicant shall repay all ,federal grant funds awarded for the project from all ,federal funding sources1 for all project activities1 facilities1 and equipment1 plus reasonable interest and penalty charges allowable by law or established by the ,secretary in the phased funding agreement4 ,for purposes of this clause1 a process for complying with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 that results in the selection of the no build alternative is not within the applicant's control4 7v7 ,crediting of funds received ,any funds received by the ,government under this paragraph1 except for interest and penalty charges1 shall be credited to the appropriation account from which the funds were originally derived4 2 7,e7 in paragraph 7#c71 as redesignated-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting a phased funding agreement under paragraph 7#b7 or after issuing2 and 7ii7 in subparagraph 7,b77i71 by inserting the phased funding agreement or after a copy of2 and 7,f7 in paragraph 7#d71 as redesignated-- 7i7 by striking ,an obligation and inserting the following3 7,b7 ,appropriations required ,an obligation 2 and 7ii7 by inserting before subparagraph 7,b71 as added by clause 7i71 the following3 7,a7 ,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 appropriate4 2 7#g7 in subsection 7i71 by striking section #bbije and inserting sections #bbijc and #bbije2 and 7#h7 by adding at the end the following3 7j7 ,annual report on phased funding agreements and letters of intent ,not later than the first ,monday in ,february of each year1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives that includes-- 7#a7 a proposal for the allocation of amounts to be available to finance grants for projects under this section among applicants for such amounts2 7#b7 evaluations and ratings1 as applicable1 for each project that has received a phased funding agreement or a letter of intent2 and 7#c7 recommendations for each project that has received a phased funding agreement or a letter of intent for funding based on the evaluations and ratings1 as applicable1 and on existing commitments and anticipated funding levels for the next #c fiscal years based on information currently available to the ,secretary4 7k7 ,regional planning guidance corridor planning ,the ,secretary may withhold up to #e percent of the total amount made available for this section to carry out planning and development activities related to section #beaja1 including-- 7#a7 providing funding to public entities for the development of service development plans selected under the ,corridor ,identification and ,development ,program2 7#b7 facilitating and providing guidance for intercity passenger rail systems planning2 and 7#c7 providing funding for the development and refinement of intercity passenger rail systems planning analytical tools and models4 4 7b7 ,clerical amendment ,the analysis for chapter #bdi of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bdiaa and inserting the following3 #bdiaa4 ,federal-,state partnership for intercity passenger rail4 4 #bbcjh4 ,corridor identification and development program 7a7 ,in general ,part ,c of subtitle ,v of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bea ,passenger rail planning ,sec4 #beaja4 ,corridor ,identification and ,development ,program4 #beaja4 ,corridor ,identification and ,development ,program 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 the ,secretary of ,transportation shall establish a program to facilitate the development of intercity passenger rail corridors4 ,the program shall include-- 7#a7 a process for eligible entities described in subsection 7b7 to submit proposals for the development of intercity passenger rail corridors2 7#b7 a process for the ,secretary to review and select proposals in accordance with subsection 7c72 7#c7 criteria for determining the level of readiness for ,federal financial assistance of an intercity passenger rail corridor1 which shall include-- 7,a7 identification of a service operator which may include ,amtrak or private rail carriers2 7,b7 identification of a service sponsor or sponsors2 7,c7 identification capital project sponsors2 7,d7 engagement with the host railroads2 and 7,e7 other criteria as determined appropriate by the ,secretary2 7#d7 a process for preparing service development plans in accordance with subsection 7d71 including the identification of planning funds1 such as funds made available under section #bdiaa7k7 and interstate rail compact grants established under section #bbbaj2 7#e7 the creation of a pipeline of intercity passenger rail corridor projects under subsection 7g72 7#f7 planning guidance to achieve the purposes of this section1 including guidance for intercity passenger rail corridors not selected under this section2 and 7#g7 such other features as the ,secretary considers relevant to the successful development of intercity passenger rail corridors4 7b7 ,eligible entities ,the ,secretary may receive proposals under this section from ,amtrak1 ,states1 groups of ,states1 entities implementing interstate compacts1 regional passenger rail authorities1 regional planning organizations1 political subdivisions of a ,state1 federally recognized ,indian ,tribes1 and other public entities1 as determined by the ,secretary4 7c7 ,corridor selection ,in selecting intercity passenger rail corridors pursuant to subsection 7a71 the ,secretary shall consider-- 7#a7 whether the route was identified as part of a regional or interregional intercity passenger rail systems planning study2 7#b7 projected ridership1 revenues1 capital investment1 and operating funding requirements2 7#c7 anticipated environmental1 congestion mitigation1 and other public benefits2 7#d7 projected trip times and their competitiveness with other transportation modes2 7#e7 anticipated positive economic and employment impacts1 including development in the areas near passenger stations1 historic districts1 or other opportunity zones2 7#f7 committed or anticipated ,state1 regional transportation authority1 or other non-,federal funding for operating and capital costs2 7#g7 benefits to rural communities2 7#h7 whether the corridor is included in a ,state's approved ,state rail plan developed pursuant to chapter #bbg2 7#i7 whether the corridor serves historically unserved or underserved and low-income communities or areas of persistent poverty2 7#aj7 whether the corridor would benefit or improve connectivity with existing or planned transportation services of other modes2 7#aa7 whether the corridor connects at least #b of the #ajj most populated metropolitan areas2 7#ab7 whether the corridor would enhance the regional equity and geographic diversity of intercity passenger rail service2 7#ac7 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 services2 and 7#ad7 whether a passenger rail operator1 including a private rail carrier1 has expressed support for the corridor4 7d7 ,service development plans ,for each corridor proposal selected for development under this section1 the ,secretary shall partner with the entity that submitted the proposal1 relevant ,states1 and ,amtrak1 as appropriate1 to prepare a service development plan 7or to update an existing service development plan71 which shall include-- 7#a7 a detailed description of the proposed intercity passenger rail service1 including train frequencies1 peak and average operating speeds1 and trip times2 7#b7 a corridor project inventory that-- 7,a7 identifies the capital projects necessary to achieve the proposed intercity passenger rail service1 including-- 7i7 the capital projects for which ,federal investment will be sought2 7ii7 the likely project applicants2 and 7iii7 the proposed ,federal funding levels2 7,b7 specifies the order in which ,federal funding will be sought for the capital projects identified under subparagraph 7,a71 after considering the appropriate sequence and phasing of projects based on the anticipated availability of funds2 and 7,c7 is developed in consultation with the entities listed in subsection 7e72 7#c7 a schedule and any associated phasing of projects and related service initiation or changes2 7#d7 project sponsors and other entities expected to participate in carrying out the plan2 7#e7 a description of how the corridor would comply with ,federal rail safety and security laws1 orders1 and regulations2 7#f7 the locations of existing and proposed stations2 7#g7 the needs for rolling stock and other equipment2 7#h7 a financial plan identifying projected-- 7,a7 annual revenues2 7,b7 annual ridership2 7,c7 capital investments before service could be initiated2 7,d7 capital investments required to maintain service2 7,e7 annual operating and costs2 and 7,f7 sources of capital investment and operating financial support2 7#i7 a description of how the corridor would contribute to the development of a multi-,state regional network of intercity passenger rail2 7#aj7 an intermodal plan describing how the new or improved corridor facilitates travel connections with other passenger transportation services2 7#aa7 a description of the anticipated environmental benefits of the corridor2 and 7#ab7 a description of the corridor's impacts on highway and aviation congestion1 energy consumption1 land use1 and economic development in the service area4 7e7 ,consultation ,in partnering on the preparation of a service development plan under subsection 7d71 the ,secretary shall consult with-- 7#a7 ,amtrak2 7#b7 appropriate ,state and regional transportation authorities and local officials2 7#c7 representatives of employee labor organizations representing railroad and other appropriate employees2 7#d7 host railroads for the proposed corridor2 and 7#e7 other stakeholders1 as determined by the ,secretary4 7f7 ,updates ,every #e years1 after the initial development of the service development plan under subsection 7d71 if at least #dj percent of the work to implement a service development plan prepared under subsection 7d7 has not yet been completed1 the plan's sponsor1 in consultation with the ,secretary1 shall determine whether such plan should be updated4 7g7 ,project pipeline ,not later than #a year after the establishment of the program under this section1 and by ,february #ast of each year thereafter1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,appropriations of the ,senate1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,appropriations of the ,house of ,representatives a project pipeline1 in accordance with this section1 that-- 7#a7 identifies intercity passenger rail corridors selected for development under this section2 7#b7 identifies capital projects for ,federal investment1 project applicants1 and proposed ,federal funding levels1 as applicable1 consistent with the corridor project inventory2 7#c7 specifies the order in which the ,secretary would provide ,federal financial assistance1 subject to the availability of funds1 to projects that have identified sponsors1 including a method and plan for apportioning funds to project sponsors for a #e-year period1 which may be altered by the ,secretary1 as necessary1 if recipients are not carrying out projects on the anticipated schedule2 7#d7 takes into consideration the appropriate sequence and phasing of projects described in the corridor project inventory2 7#e7 takes into consideration the existing commitments and anticipated ,federal1 project applicant1 sponsor1 and other relevant funding levels for the next #e fiscal years based on information currently available to the ,secretary2 7#f7 is prioritized based on the level of readiness of the corridor2 and 7#g7 reflects consultation with ,amtrak4 7h7 ,definition ,in this section1 the term intercity passenger rail corridor means-- 7#a7 a new intercity passenger rail route of less than #gej miles2 7#b7 the enhancement of an existing intercity passenger rail route of less than #gej miles2 7#c7 the restoration of service over all or portions of an intercity passenger rail route formerly operated by ,amtrak2 or 7#d7 the increase of service frequency of a long-distance intercity passenger rail route4 4 7b7 ,clerical amendment ,the table of chapters for subtitle ,v of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to chapter #bdi the following3 ,chapter #bea4 ,passenger rail planning#beaja 4 #bbcji4 ,surface ,transportation ,board passenger rail program ,the ,surface ,transportation ,board shall-- 7#a7 establish a passenger rail program with primary responsibility for carrying out the ,board's passenger rail responsibilities2 and 7#b7 hire up to #aj additional full-time employees to assist in carrying out the responsibilities referred to in paragraph 7#a74 ,d ,rail safety #bbdja4 ,railway-highway crossings program evaluation 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall evaluate the requirements of the railway-highway crossings program authorized under section #acj of title #bc1 ,united ,states ,code1 to determine whether-- 7#a7 the requirements of the program provide ,states sufficient flexibility to adequately address current and emerging highway-rail grade crossing safety issues2 7#b7 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 injuries2 7#c7 there are appropriate tools and resources to support ,states in using data driven programs to determine the most cost-effective use of program funds2 and 7#d7 any statutory changes are recommended to improve the effectiveness of the program4 7b7 ,report ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 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 7a71 including any recommended statutory changes4 #bbdjb4 ,grade crossing accident prediction model ,not later than #b years after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall-- 7#a7 update the grade crossing accident prediction and severity model used by the ,federal ,railroad ,administration to analyze accident risk at highway-rail grade crossings2 and 7#b7 provide training on the use of the updated grade crossing accident prediction and severity model4 #bbdjc4 ,periodic updates to highway-rail crossing reports and plans 7a7 ,highway-rail grade crossing safety ,section #aadja of the ,fixing ,america's ,surface ,transportation ,act 7,public ,law #aad-id2 #di ,u4,s4,c4 #bbijg note7 is amended-- 7#a7 by striking subsection 7c72 and 7#b7 by redesignating subsections 7d7 and 7e7 as subsections 7c7 and 7d71 respectively4 7b7 ,reports on highway-rail grade crossing safety 7#a7 ,in general ,chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after section #bjaff the following3 #bjafg4 ,reports on highway-rail grade crossing safety 7a7 ,report ,not later than #d years after the date by which ,states are required to submit ,state highway-rail grade crossing action plans under section #aadja7;b7 of the ,fixing ,america's ,surface ,transportation ,act 7#di ,u4,s4,c4 #bbijg note71 the ,administrator of the ,federal ,railroad ,administration1 in consultation with the ,administrator of the ,federal ,highway ,administration1 shall submit a report to the ,committee on ,commerce1 ,science1 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 plans1 including-- 7#a7 an analysis and evaluation of each ,state railway-highway crossings program under section #acj of title #bc1 including-- 7,a7 compliance with section #aadja of the ,fixing ,america's ,surface ,transportation ,act and section #acj7;g7 of title #bc2 and 7,b7 the specific strategies identified by each ,state to improve safety at highway-rail grade crossings1 including crossings with multiple accidents or incidents2 7#b7 the progress of each ,state in implementing its ,state highway-rail grade crossings action plan2 7#c7 the number of highway-rail grade crossing projects undertaken pursuant to section #acj of title #bc1 including the distribution of such projects by cost range1 road system1 nature of treatment1 and subsequent accident experience at improved locations2 7#d7 which ,states are not in compliance with their schedule of projects under section #acj7;d7 of title #bc2 and 7#e7 any recommendations for future implementation of the railway-highway crossings program under section #acj of title #bc4 7b7 ,updates ,not later than #e years after the submission of the report required under subsection 7a71 the ,administrator of the ,federal ,railroad ,administration1 in consultation with the ,administrator of the ,federal ,highway ,administration1 shall-- 7#a7 update the report based on the ,state annual reports submitted pursuant to section #acj7;g7 of title #bc and any other information obtained by or available to the ,administrator of the ,federal ,railroad ,administration2 and 7#b7 submit the updated report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7c7 ,definitions ,in this section3 7#a7 ,highway-rail grade crossing ,the term highway-rail grade crossing means a location within a ,state1 other than a location at which #a or more railroad tracks cross #a or more railroad tracks at grade1 at which-- 7,a7 a public highway1 road1 or street1 or a private roadway1 including associated sidewalks and pathways1 crosses #a or more railroad tracks1 either at grade or grade-separated2 or 7,b7 a pathway explicitly authorized by a public authority or a railroad carrier that-- 7i7 is dedicated for the use of nonvehicular traffic1 including pedestrians1 bicyclists1 and others2 7ii7 is not associated with a public highway1 road1 or street1 or a private roadway2 and 7iii7 crosses #a or more railroad tracks1 either at grade or grade-separated4 7#b7 ,state ,the term ,state means a ,state of the ,united ,states or the ,district of ,columbia4 4 7#b7 ,clerical amendment ,the analysis for chapter #bja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #bjaff the following3 #bjafg4 ,reports on highway-rail grade crossing safety4 4 7c7 ,annual report ,section #acj7;g7 of title #bc1 ,united ,states ,code1 is amended to read as follows3 7g7 ,annual report 7#a7 ,in general ,not later than ,august #ca of each year1 each ,state shall submit a report to the ,administrator of the ,federal ,highway ,administration that describes-- 7,a7 the progress being made to implement the railway-highway crossings program authorized under this section2 and 7,b7 the effectiveness of the improvements made as a result of such implementation4 7#b7 ,contents ,each report submitted pursuant to paragraph 7#a7 shall contain an assessment of-- 7,a7 the costs of the various treatments employed by the ,state to implement the railway-highway crossings program2 and 7,b7 the effectiveness of such treatments1 as measured by the accident experience at the locations that received such treatments4 7#c7 ,coordination ,not later than #cj days after the ,federal ,highway ,administration's acceptance of each report submitted pursuant to paragraph 7#a71 the ,administrator of the ,federal ,highway ,administration shall make such report available to the ,administrator of the ,federal ,railroad ,administration4 4 #bbdjd4 ,blocked crossing portal 7a7 ,in general ,the ,administrator of the ,federal ,railroad ,administration shall establish a #c-year blocked crossing portal1 which shall include the maintenance of the portal and corresponding database to receive1 store1 and retrieve information regarding blocked highway-rail grade crossings4 7b7 ,blocked crossing portal ,the ,administrator of the ,federal ,railroad ,administration shall establish a blocked crossing portal that-- 7#a7 collects information from the public1 including first responders1 regarding blocked highway-rail grade crossing events2 7#b7 solicits the apparent cause of the blocked crossing and provides examples of common causes of blocked crossings1 such as idling trains or instances when lights or gates are activated when no train is present2 7#c7 provides each complainant with the contact information for reporting a blocked crossing to the relevant railroad2 and 7#d7 encourages each complainant to report the blocked crossing to the relevant railroad4 7c7 ,complaints ,the blocked crossing portal shall be programmed to receive complaints from the general public about blocked highway-rail grade crossings4 ,any complaint reported through the portal shall indicate whether the complainant also reported the blocked crossing to the relevant railroad4 7d7 ,information received ,in reviewing complaints received pursuant to subsection 7c71 the ,federal ,railroad ,administration shall review1 to the extent practicable1 the information received from the complainant to account for duplicative or erroneous reporting4 7e7 ,use of information ,the information received and maintained in the blocked crossing portal database shall be used by the ,federal ,railroad ,administration-- 7#a7 to identify frequent and long-duration blocked highway-rail grade crossings2 7#b7 as a basis for conducting outreach to communities1 emergency responders1 and railroads2 7#c7 to support collaboration in the prevention of incidents at highway-rail grade crossings2 and 7#d7 to assess the impacts of blocked crossings4 7f7 ,sharing information received 7#a7 ,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 public4 7#b7 ,rule of construction ,nothing in this section may be construed to authorize the ,federal ,railroad ,administration to make publically available sensitive security information4 7g7 ,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 crossings1 the ,federal ,railroad ,administration may collect1 from the general public1 ,state and local law enforcement personnel1 and others as appropriate1 and on a voluntary basis1 such additional information as may be necessary to make such determinations4 7h7 ,limitations ,complaints1 data1 and other information received through the blocked crossing portal may not be used-- 7#a7 to infer or extrapolate the rate or instances of crossings beyond the data received through the portal2 or 7#b7 for any regulatory or enforcement purposes except those specifically described in this section4 7i7 ,reports 7#a7 ,annual public report ,the ,administrator of the ,federal ,railroad ,administration shall publish an annual report on a public website regarding the blocked crossing program1 including the underlying causes of blocked crossings1 program challenges1 and other findings4 7#b7 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7,a7 based on the information received through the blocked crossing portal1 frequent and long-duration blocked highway-rail grade crossings1 including the locations1 dates1 durations1 and impacts resulting from such occurrences2 7,b7 the ,federal ,railroad ,administration's process for verifying the accuracy of the complaints submitted to the blocked crossing portal1 including whether the portal continues to be effective in collecting such information and identifying blocked crossings2 7,c7 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 crossings2 7,d7 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 portal2 and 7,e7 whether the blocked crossing portal continues to be an effective method to collect blocked crossing information and what changes could improve its effectiveness4 7j7 ,sunset ,this section 7other than subsection 7k77 shall have no force or effect beginning on the date that is #c years after the date of enactment of this ,act4 7k7 ,rule of construction ,nothing in this section may be construed to invalidate any authority of the ,secretary with respect to blocked highway-rail grade crossings4 ,the ,secretary may continue to use any such authority after the sunset date set forth in subsection 7j74 #bbdje4 ,data accessibility 7a7 ,review ,not later than #ahj days after the date of enactment of this ,act1 the ,chief ,information ,officer of the ,department shall-- 7#a7 conduct a review of the website of the ,office of ,safety ,analysis of the ,federal ,railroad ,administration2 and 7#b7 provide recommendations to the ,secretary for improving the public's usability and accessibility of the website referred to in paragraph 7#a74 7b7 ,updates ,not later than #a year after receiving recommendations from the ,chief ,information ,officer pursuant to subsection 7a77#b71 the ,secretary1 after considering such recommendations1 shall update the website of the ,office of ,safety ,analysis of the ,federal ,railroad ,administration to improve the usability and accessibility of the website4 #bbdjf4 ,emergency lighting ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall initiate a rulemaking to require that all rail carriers providing intercity passenger rail transportation or commuter rail passenger transportation 7as such terms are defined in section #bdajb of title #di1 ,united ,states ,code71 develop and implement periodic inspection plans to ensure that passenger equipment offered for revenue service complies with the requirements under part #bch of title #di1 ,code of ,federal ,regulations1 including ensuring that1 in the event of a loss of power1 there is adequate emergency lighting available to allow passengers1 crew members1 and first responders-- 7#a7 to see and orient themselves2 7#b7 to identify obstacles2 7#c7 to safely move throughout the rail car2 and 7#d7 to evacuate safely4 #bbdjg4 ,comprehensive rail safety review of ,amtrak 7a7 ,comprehensive safety assessment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7#a7 conduct a focused review of ,amtrak's safety-related processes and procedures1 compliance with safety regulations and requirements1 and overall safety culture2 and 7#b7 submit a report to the ,committee on ,commerce1 ,science1 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 assessment4 7b7 ,plan 7#a7 ,initial plan ,not later than #f months after the completion of the comprehensive safety assessment under subsection 7a77#a71 ,amtrak shall submit a plan to the ,committee on ,commerce1 ,science1 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 assessment4 7#b7 ,annual updates ,amtrak shall submit annual updates of its progress toward implementing the plan submitted pursuant to paragraph 7#a7 to the committees listed in such paragraph4 #bbdjh4 ,completion of hours of service and fatigue studies 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,federal ,railroad ,administration shall commence the pilot programs required under subparagraphs 7,a7 and 7,b7 of section #baaji7;e77#a7 of title #di1 ,united ,states ,code4 7b7 ,consultation ,the ,federal ,railroad ,administration shall consult with the class or craft of employees impacted by the pilot projects1 including railroad carriers1 and representatives of labor organizations representing the impacted employees when designing and conducting the pilot programs referred to in subsection 7a74 7c7 ,report ,if the pilot programs required under section #baaji7;e77#a7 of title #di1 ,united ,states ,code1 have not commenced on the date that is #a year and #abj days after the date of enactment of this ,act1 the ,secretary1 not later than #cj days after such date1 submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that describes-- 7#a7 the status of such pilot programs2 7#b7 actions that the ,federal ,railroad ,administration has taken to commence the pilot programs1 including efforts to recruit participant railroads2 7#c7 any challenges impacting the commencement of the pilot programs2 and 7#d7 any other details associated with the development of the pilot programs that affect progress toward meeting the mandate under such section #baaji7;e77#a74 #bbdji4 ,positive train control study 7a7 ,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 railroads4 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit a report to the ,committee on ,commerce1 ,science1 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 7a71 including the estimated annual positive train control system operation and maintenance costs for public commuter railroads4 #bbdaj4 ,operating crew member training1 qualification1 and certification 7a7 ,audits ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall initiate audits of the training1 qualification1 and certification programs of locomotive engineers and conductors of railroad carriers1 subject to the requirements of parts #bdj and #bdb of title #di1 ,code of ,federal ,regulations1 which audits shall-- 7#a7 be conducted in accordance with subsection 7b72 7#b7 consider whether such programs are in compliance with such parts #bdj and #bdb2 7#c7 assess the type and content of training that such programs provide locomotive engineers and conductors1 relevant to their respective roles1 including training related to installed technology2 7#d7 determine whether such programs provide locomotive engineers and conductors the knowledge1 skill1 and ability to safely operate a locomotive or train1 consistent with such parts #bdj and #bdb2 7#e7 determine whether such programs reflect the current operating practices of the railroad carrier2 7#f7 assess the current practice by which railroads utilize simulator training1 or any other technologies used to train and qualify locomotive engineers and conductors by examining how such technologies are used2 7#g7 consider international experience and practice using similar technology1 as appropriate1 particularly before qualifying locomotive engineers on new or unfamiliar equipment1 new train control1 diagnostics1 or other on-board technology2 7#h7 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 conditions2 and 7#i7 ensure that locomotive engineers and conductor training programs are considered separately1 as appropriate1 based on the unique requirements and regulations4 7b7 ,audit scheduling ,the ,secretary shall-- 7#a7 schedule the audits required under subsection 7a7 to ensure that-- 7,a7 each ,class ,i railroad1 including the ,national ,railroad ,passenger ,corporation and other intercity passenger rail providers1 is audited not less frequently than once every #e years2 and 7,b7 a select number1 as determined appropriate by the ,secretary1 of ,class ,,ii and ,class ,,iii railroads1 along with other railroads providing passenger rail service that are not included in subparagraph 7,a71 are audited annually2 and 7#b7 conduct the audits described in paragraph 7#a77;,b7 in accordance with the ,small ,business ,regulatory ,enforcement ,fairness ,act of #aiif 7#e ,u4,s4,c4 #fja note7 and appendix ,c of part #bji of title #di1 ,code of ,federal ,regulations4 7c7 ,updates to qualification and certification program ,if the ,secretary1 while conducting the audits required under this section1 identifies a deficiency in a railroad's training1 qualification1 and certification program for locomotive engineers or conductors1 the railroad shall update the program to eliminate such deficiency4 7d7 ,consultation and cooperation 7#a7 ,consultation ,in conducting any audit required under this section1 the ,secretary shall consult with the railroad and its employees1 including any nonprofit employee labor organization representing the engineers or conductors of the railroad4 7#b7 ,cooperation ,the railroad and its employees1 including any nonprofit employee labor organization representing engineers or conductors of the railroad1 shall fully cooperate with any such audit1 including by-- 7,a7 providing any relevant documents requested2 and 7,b7 making available any employees for interview without undue delay or obstruction4 7#c7 ,failure to cooperate ,if the ,secretary determines that a railroad or any of its employees1 including any nonprofit employee labor organization representing engineers or conductors of the railroad is not fully cooperating with an audit1 the ,secretary shall electronically notify the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7e7 ,review of regulations ,the ,secretary shall triennially determine whether any update to part #bdj or #bdb of title #di1 ,code of ,federal ,regulations1 is necessary to better prepare locomotive engineers and conductors to safely operate trains by evaluating whether such regulations establish appropriate ,federal standards requiring railroads-- 7#a7 to provide locomotive engineers or conductors the knowledge and skills to safely operate trains under conditions that reflect industry practices2 7#b7 to adequately address locomotive engineer or conductor route situational awareness1 including ensuring locomotive engineers and conductors to demonstrate knowledge on the physical characteristics of a territory under various conditions and using various resources2 7#c7 to provide relevant and adequate hands-on training before a locomotive engineer or conductor is certified2 7#d7 to adequately prepare locomotive engineers or conductors to understand relevant locomotive operating characteristics1 to include instructions on functions they are required to operate on any installed technology2 and 7#e7 to address any other safety issue that the ,secretary determines to be appropriate for better preparing locomotive engineers or conductors4 7f7 ,annual report ,the ,secretary shall publish an annual report on the public website of the ,federal ,railroad ,administration that-- 7#a7 summarizes the findings of the prior year's audits2 7#b7 summarizes any updates made pursuant to subsection 7c72 and 7#c7 excludes and confidential business information or sensitive security information4 #bbdaa4 ,transparency and safety ,section #bjajc7;d7 of title #di1 ,united ,states ,code1 is amended to read as follows3 7d7 ,nonemergency waivers 7#a7 ,in general ,the ,secretary of ,transportation may waive1 or suspend the requirement to comply with1 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 safety4 7#b7 ,notice required ,the ,secretary shall-- 7,a7 provide timely public notice of any request for a waiver under this subsection or for a suspension under subpart ,e of part #baa of title #di1 ,code of ,federal ,regulations1 or successor regulations2 7,b7 make available the application for such waiver or suspension and any nonconfidential underlying data to interested parties2 7,c7 provide the public with notice and a reasonable opportunity to comment on a proposed waiver or suspension under this subsection before making a final decision2 and 7,d7 publish on a publicly accessible website the reasons for granting each such waiver or suspension4 7#c7 ,information protection ,nothing in this subsection may be construed to require the release of information protected by law from public disclosure4 7#d7 ,rulemaking 7,a7 ,in general ,not later than #a year after the first day on which a waiver under this subsection or a suspension under subpart ,e of part #baa of title #di1 ,code of ,federal ,regulations1 or successor regulations1 has been in continuous effect for a #f-year period1 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-- 7i7 in the public interest2 and 7ii7 consistent with railroad safety4 7,b7 ,factors ,in conducting the review and analysis under subparagraph 7,a71 the ,secretary shall consider-- 7i7 the relevant safety record under the waiver or suspension2 7ii7 the likelihood that other entities would have similar safety outcomes2 7iii7 the materials submitted in the applications1 including any comments regarding such materials2 and 7iv7 related rulemaking activity4 7,c7 ,notice and comment 7i7 ,in general ,the ,secretary shall publish the review and analysis required under this paragraph in the ,federal ,register1 which shall include a summary of the data collected and all relevant underlying data1 if the ,secretary decides not to initiate a regulatory update under subparagraph 7,d74 7ii7 ,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 7,d74 7,d7 ,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 #baa of title #di1 ,code of ,federal ,regulations1 or successor regulations1 into the relevant regulation1 to the extent the ,secretary considers appropriate4 7#e7 ,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 safety4 4 #bbdab4 ,research and development ,section #bjajh of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,facilities ,the ,secretary may erect1 alter1 and repair buildings and make other public improvements to carry out necessary railroad research1 safety1 and training activities at the ,transportation ,technology ,center in ,pueblo1 ,colorado4 7e7 ,offsetting collections ,the ,secretary may collect fees or rents from facility users to offset appropriated amounts for the cost of providing facilities or research1 development1 testing1 training1 or other services1 including long-term sustainment of the on-site physical plant4 7f7 ,revolving fund ,amounts appropriated to carry out subsection 7d7 and all fees and rents collected pursuant to subsection 7e7 shall be credited to a revolving fund and remain available until expended4 ,the ,secretary may use such fees and rents for operation1 maintenance1 repair1 or improvement of the ,transportation ,technology ,center4 7g7 ,leases and contracts ,notwithstanding section #acjb of title #dj1 the ,secretary may lease to others or enter into contracts for terms of up to #bj years1 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 ,states1 for the operation1 maintenance1 repair1 and improvement of the ,transportation ,technology ,center4 7h7 ,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 facility4 7i7 ,energy projects ,notwithstanding section #acda of title #ca1 the ,secretary may enter into contracts or agreements1 or commit to obligations in connection with third-party contracts or agreements1 including contingent liability for the purchase of electric power in connection with such contracts or agreements1 for terms not to exceed #bj years1 to enable the use of the land at the ,transportation ,technology ,center for projects to produce energy from renewable sources4 4 #bbdac4 ,rail research and development center of excellence ,section #bjajh of title #di1 ,united ,states ,code1 as amended by section #bbdab1 is further amended by adding at the end the following3 7j7 ,rail ,research and ,development ,center of ,excellence 7#a7 ,center of excellence ,the ,secretary shall award grants to establish and maintain a center of excellence to advance research and development that improves the safety1 efficiency1 and reliability of passenger and freight rail transportation4 7#b7 ,eligibility ,an institution of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or a consortium of nonprofit institutions of higher education shall be eligible to receive a grant from the center established pursuant to paragraph 7#a74 7#c7 ,selection criteria ,in awarding a grant under this subsection1 the ,secretary shall-- 7,a7 give preference to applicants with strong past performance related to rail research1 education1 and workforce development activities2 7,b7 consider the extent to which the applicant would involve public and private sector passenger and freight railroad operators2 and 7,c7 consider the regional and national impacts of the applicant's proposal4 7#d7 ,use of funds ,grant funds awarded pursuant to this subsection shall be used for basic and applied research1 evaluation1 education1 workforce development1 and training efforts related to safety1 project delivery1 efficiency1 reliability1 resiliency1 and sustainability of urban commuter1 intercity high-speed1 and freight rail transportation1 to include advances in rolling stock1 advanced positive train control1 human factors1 rail infrastructure1 shared corridors1 grade crossing safety1 inspection technology1 remote sensing1 rail systems maintenance1 network resiliency1 operational reliability1 energy efficiency1 and other advanced technologies4 7#e7 ,federal share ,the ,federal share of a grant awarded under this subsection shall be #ej percent of the cost of establishing and operating the center of excellence and related research activities carried out by the grant recipient4 4 #bbdad4 ,quarterly report on positive train control system performance ,section #bjaeg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7m7 ,reports on positive train control system performance 7#a7 ,in general ,each host railroad subject to this section or subpart ,i of part #bcf of title #di1 ,code of ,federal ,regulations1 shall electronically submit to the ,secretary of ,transportation a ,report of ,,ptc ,system ,performance on ,form ,,fra ,f #fahj4aeb1 which shall be submitted on or before the applicable due date set forth in paragraph 7#c7 and contain the information described in paragraph 7#b71 which shall be separated by the host railroad1 each applicable tenant railroad1 and each positive train control-governed track segment1 consistent with the railroad's positive train control ,implementation ,plan described in subsection 7a77#a74 7#b7 ,required information ,each report submitted pursuant to paragraph 7#a7 shall include1 for the applicable reporting period-- 7,a7 the number of positive train control system initialization failures1 disaggregated by the number of initialization failures for which the source or cause was the onboard subsystem1 the wayside subsystem1 the communications subsystem1 the back office subsystem1 or a non-positive train control component2 7,b7 the number of positive train control system cut outs1 disaggregated by each component listed in subparagraph 7,a7 that was the source or cause of such cut outs2 7,c7 the number of positive train control system malfunctions1 disaggregated by each component listed in subparagraph 7,a7 that was the source or cause of such malfunctions2 7,d7 the number of enforcements by the positive train control system2 7,e7 the number of enforcements by the positive train control system in which it is reasonable to assume an accident or incident was prevented2 7,f7 the number of scheduled attempts at initialization of the positive train control system2 7,g7 the number of train miles governed by the positive train control system2 and 7,h7 a summary of any actions the host railroad and its tenant railroads are taking to reduce the frequency and rate of initialization failures1 cut outs1 and malfunctions1 such as any actions to correct or eliminate systemic issues and specific problems4 7#c7 ,due dates 7,a7 ,in general ,except as provided in subparagraph 7,b71 each host railroad shall electronically submit the report required under paragraph 7#a7 not later than-- 7i7 ,april #cj1 for the period from ,january #a through ,march #ca2 7ii7 ,july #ca1 for the period from ,april #a through ,june #cj2 7iii7 ,october #ca1 for the period from ,july #a through ,september #cj2 and 7iv7 ,january #ca1 for the period from ,october #a through ,december #ca of the prior calendar year4 7,b7 ,frequency reduction ,beginning on the date that is #c years after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 the ,secretary shall reduce the frequency with which host railroads are required to submit the report described in paragraph 7#a7 to not less frequently than twice per year1 unless the ,secretary-- 7i7 determines that quarterly reporting is in the public interest2 and 7ii7 publishes a justification for such determination in the ,federal ,register4 7#d7 ,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 #bcf4ajjf7;b7 of title #di1 ,code of ,federal ,regulations1 shall submit the information described in paragraph 7#b7 to each applicable host railroad on a continuous basis4 7#e7 ,enforcements ,any railroad operating a positive train control system classified under ,federal ,railroad ,administration ,type ,approval number ,,fra-,,ta-#bjaj-jja or ,,fra-,,ta-#bjac-jjc shall begin submitting the metric required under paragraph 7#b77;,d7 not later than ,january #ca1 #bjbc4 4 #bbdae4 ,speed limit action plans 7a7 ,codification of1 and amendment to1 section #aadjf of the ,,fast ,act ,subchapter ,,ii of chapter #bja of subtitle ,v of title #di1 ,united ,states ,code1 is amended by inserting after section #bjafh the following3 #bjafi4 ,speed limit action plans 7a7 ,in general ,not later than ,march #c1 #bjaf1 each railroad carrier providing intercity rail passenger transportation or commuter rail passenger transportation1 in consultation with any applicable host railroad carrier1 shall survey its entire system and identify each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve1 bridge1 or tunnel and the maximum authorized operating speed for passenger trains at that curve1 bridge1 or tunnel4 7b7 ,action plans ,not later than #abj days after the date that the survey under subsection 7a7 is complete1 a railroad carrier described in subsection 7a7 shall submit to the ,secretary of ,transportation an action plan that-- 7#a7 identifies each main track location where there is a reduction of more than #bj miles per hour from the approach speed to a curve1 bridge1 or tunnel and the maximum authorized operating speed for passenger trains at that curve1 bridge1 or tunnel2 7#b7 describes appropriate actions to enable warning and enforcement of the maximum authorized speed for passenger trains at each location identified under paragraph 7#a71 including-- 7,a7 modification to automatic train control systems1 if applicable1 or other signal systems2 7,b7 increased crew size2 7,c7 installation of signage alerting train crews of the maximum authorized speed for passenger trains in each location identified under paragraph 7#a72 7,d7 installation of alerters2 7,e7 increased crew communication2 and 7,f7 other practices2 7#c7 contains milestones and target dates for implementing each appropriate action described under paragraph 7#b72 and 7#d7 ensures compliance with the maximum authorized speed at each location identified under paragraph 7#a74 7c7 ,approval ,not later than #ij days after the date on which an action plan is submitted under subsection 7b7 or 7d77#b71 the ,secretary shall approve1 approve with conditions1 or disapprove the action plan4 7d7 ,periodic reviews and updates ,each railroad carrier that submits an action plan to the ,secretary pursuant to subsection 7b7 shall-- 7#a7 not later than #a year after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 and annually thereafter1 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 7b77#a72 and 7#b7 not later than #ij days before implementing any significant operational or territorial operating change1 including initiating a new service or route1 submit to the ,secretary a revised action plan1 after consultation with any applicable host railroad1 that addresses such operational or territorial operating change4 7e7 ,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 7,public ,law #aad-id2 #abi ,stat4 #acab71 such railroad carrier1 in consultation with any applicable host railroad carrier1 shall-- 7#a7 survey its routes pursuant to subsection 7a7 not later than #ij days after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba2 and 7#b7 develop an action plan pursuant to subsection 7b7 not later than #abj days after the date on which such survey is complete4 7f7 ,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 #bjaeg1 or any other safety technology or practice that would achieve an equivalent or greater level of safety in reducing derailment risk4 7g7 ,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 section4 7h7 ,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 derailment4 4 7b7 ,clerical amendment ,the analysis for chapter #bja of subtitle ,v of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjafi4 ,speed limit action plans4 4 #bbdaf4 ,new passenger service pre-revenue safety validation plan 7a7 ,in general ,subchapter ,,ii of chapter #bja of subtitle ,v of title #di1 ,united ,states ,code1 as amended by section #bbdae1 is further amended by adding at the end the following3 #bjagj4 ,pre-revenue service safety validation plan 7a7 ,plan submission ,any railroad providing new1 regularly scheduled1 intercity or commuter rail passenger transportation1 an extension of existing service1 or a renewal of service that has been discontinued for more than #ahj days shall develop and submit for review a comprehensive pre-revenue service safety validation plan to the ,secretary of ,transportation not later than #fj days before initiating such revenue service4 ,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 qualified4 7b7 ,compliance ,after submitting a plan pursuant to subsection 7a71 the railroad shall adopt and comply with such plan and may not amend the plan without first notifying the ,secretary of the proposed amendment4 ,revenue service may not begin until the railroad has completed the requirements of its plan1 including the minimum simulated service period required by the plan4 7c7 ,rulemaking ,the ,secretary shall promulgate regulations to carry out this section1 including-- 7#a7 requiring that any identified safety deficiencies be addressed and corrected before the initiation of revenue service2 and 7#b7 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 delayed4 4 7b7 ,clerical amendment ,the analysis for chapter #bja of title #di1 ,united ,states ,code1 as amended by section #bbdae7;b71 is further amended by adding at the end the following3 #bjagj4 ,pre-revenue service safety validation plan4 4 #bbdag4 ,federal ,railroad ,administration accident and incident investigations ,section #bjijb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7 by striking subpena and inserting subpoena2 and 7#b7 by adding at the end the following3 7d7 ,gathering information and technical expertise 7#a7 ,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-- 7,a7 gathering information about an accident or incident under investigation from railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary2 and 7,b7 consulting with railroad carriers1 contractors or employees of railroad carriers or representatives of employees of railroad carriers1 and others1 as determined relevant by the ,secretary1 for technical expertise on the facts of the accident or incident under investigation4 7#b7 ,confidentiality ,in developing the process required under paragraph 7#a71 the ,secretary shall factor in ways to maintain the confidentiality of any entity identified under paragraph 7#a7 if-- 7,a7 such entity requests confidentiality2 7,b7 such entity was not involved in the accident or incident2 and 7,c7 maintaining such entity's confidentiality does not adversely affect an investigation of the ,federal ,railroad ,administration4 7#c7 ,applicability ,this subsection shall not apply to any investigation carried out by the ,national ,transportation ,safety ,board4 4 #bbdah4 ,civil penalty enforcement authority ,section #bacja7;a7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 ,the ,secretary may find that a person has violated this chapter or a regulation prescribed or order1 special permit1 or approval issued under this chapter only after notice and an opportunity for a hearing4 ,the ,secretary shall impose a penalty under this section by giving the person written notice of the amount of the penalty4 ,the ,secretary may compromise the amount of a civil penalty by settlement agreement without issuance of an order4 ,in determining the amount of a compromise1 the ,secretary shall consider-- 7,a7 the nature1 circumstances1 extent1 and gravity of the violation2 7,b7 with respect to the violator1 the degree of culpability1 any history of violations1 the ability to pay1 and any effect on the ability to continue to do business2 and 7,c7 other matters that justice requires4 7#d7 ,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 penalty4 ,in the civil action1 the amount and appropriateness of the civil penalty shall not be subject to review4 4 #bbdai4 ,advancing safety and innovative technology 7a7 ,in general ,section #bfajc of title #di1 ,united ,states ,code1 is amended to read as follows3 #bfajc4 ,safety regulations and evaluation ,the ,secretary-- 7#a7 shall promulgate such safety regulations as may be necessary for high-speed rail services2 7#b7 shall1 before promulgating such regulations1 consult with developers of new high-speed rail technologies to develop a method for evaluating safety performance2 and 7#c7 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 technology1 as appropriate4 4 7b7 ,clerical amendment ,the analysis for chapter #bfa of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #bfajc and inserting the following3 #bfajc4 ,safety regulations and evaluation4 4 #bbdbj4 ,passenger rail vehicle occupant protection systems 7a7 ,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 safety4 7b7 ,considerations ,in conducting the study under subsection 7a71 the ,administrator shall consider minimizing the risk of secondary collisions1 including estimating the costs and benefits of the new requirements1 through the use of-- 7#a7 occupant restraint systems2 7#b7 air bags2 7#c7 emergency window retention systems2 and 7#d7 interior designs1 including seats1 baggage restraints1 and table configurations and attachments4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall-- 7#a7 submit a report summarizing the findings of the study conducted pursuant to subsection 7a7 to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7#b7 publish such report on the website of the ,federal ,railroad ,administration4 7d7 ,rulemaking ,following the completion of the study required under subsection 7a71 and after considering the costs and benefits of the proposed protection systems1 the ,administrator may promulgate a rule that establishes standards for the use of occupant protection systems in new passenger rail rolling stock4 #bbdba4 ,federal ,railroad ,administration reporting requirements 7a7 ,elimination of duplicative or unnecessary reporting or paperwork requirements in the ,federal ,railroad ,administration 7#a7 ,review ,the ,administrator of the ,federal ,railroad ,administration 7referred to in this subsection as the ,,fra ,administrator71 in consultation with the ,administrator of the ,federal ,transit ,administration1 shall conduct a review of existing reporting and paperwork requirements in the ,federal ,railroad ,administration to determine if any such requirements are duplicative or unnecessary4 7#b7 ,elimination of certain requirements ,if the ,,fra ,administrator determines1 as a result of the review conducted pursuant to paragraph 7#a71 that any reporting or paperwork requirement that is not statutorily required is duplicative or unnecessary1 the ,,fra ,administrator1 after consultation with the ,administrator of the ,federal ,transit ,administration1 shall terminate such requirement4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,,fra ,administrator shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that-- 7,a7 identifies all of the reporting or paperwork requirements that were terminated pursuant to paragraph 7#b72 and 7,b7 identifies any statutory reporting or paperwork requirements that are duplicative or unnecessary and should be repealed4 7b7 ,safety reporting ,not later than #a year after the date of enactment of this ,act1 and annually thereafter for the following #d years1 the ,secretary shall update ,special ,study ,block #di on ,form ,,fra ,f #fahj4ed 7,rail ,equipment ,accident_/,incident ,report7 to collect1 with respect to trains involved in accidents required to be reported to the ,federal ,railroad ,administration-- 7#a7 the number of cars and length of the involved trains2 and 7#b7 the number of crew members who were aboard a controlling locomotive involved in an accident at the time of such accident4 #bbdbb4 ,national ,academies study on trains longer than #g1ejj feet 7a7 ,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 #g1ejj feet4 7b7 ,elements ,the study conducted pursuant to subsection 7a7 shall-- 7#a7 examine any potential impacts to safety from the operation of freight trains that are longer than #g1ejj feet and the mitigation of any identified risks1 including-- 7,a7 any potential changes in the risk of loss of communications between the end of train device and the locomotive cab1 including communications over differing terrains and conditions2 7,b7 any potential changes in the risk of loss of radio communications between crew members when a crew member alights from the train1 including communications over differing terrains and conditions2 7,c7 any potential changes in the risk of derailments1 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 conditions2 7,d7 any potential impacts associated with the deployment of multiple distributed power units in the consists of such trains2 and 7,e7 any potential impacts on braking and locomotive performance and track wear and tear2 7#b7 evaluate any impacts on scheduling and efficiency of passenger operations and in the shipping of goods by freight as a result of longer trains2 7#c7 determine whether additional engineer and conductor training is required for safely operating such trains2 7#d7 assess the potential impact on the amount of time and frequency of occurrence highway-rail grade crossings are occupied2 and 7#e7 identify any potential environmental impacts1 including greenhouse gas emissions1 that have resulted from the operation of longer trains4 7c7 ,comparison ,when evaluating the potential impacts of the operation of trains longer than #g1ejj feet under subsection 7b71 the impacts of such trains shall be compared to the impacts of trains that are shorter than #g1ejj feet1 after taking into account train frequency4 7d7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit a report to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives that contains the results of the study conducted by the ,national ,academies under this section4 7e7 ,funding ,from the amounts appropriated for fiscal year #bjba pursuant to the authorization under section #bjaag7;a7 of title #di1 ,united ,states ,code1 the ,secretary shall expend not less than #a1jjj1jjj and not more than #b1jjj1jjj to carry out the study required under this section4 #bbdbc4 ,high-speed train noise emissions 7a7 ,in general ,section #ag of the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #diaf7 is amended-- 7#a7 by redesignating subsections 7c7 and 7d7 as subsections 7d7 and 7e71 respectively2 and 7#b7 by inserting after subsection 7b7 the following3 7c7 ,high-speed train noise emissions 7#a7 ,in general ,the ,secretary of ,transportation1 in consultation with the ,administrator1 may prescribe regulations governing railroad-related noise emission standards for trains operating on the general railroad system of transportation at speeds exceeding #afj miles per hour1 including noise related to magnetic levitation systems and other new technologies not traditionally associated with railroads4 7#b7 ,factors in rulemaking ,the regulations prescribed pursuant to paragraph 7#a7 may-- 7,a7 consider variances in maximum pass-by noise with respect to the speed of the equipment2 7,b7 account for current engineering best practices2 and 7,c7 encourage the use of noise mitigation techniques to the extent reasonable if the benefits exceed the costs4 7#c7 ,conventional-speed trains ,railroad-related noise regulations prescribed under subsection 7a7 shall continue to govern noise emissions from the operation of trains1 including locomotives and rail cars1 when operating at speeds not exceeding #afj miles per hour4 4 7b7 ,technical amendment ,the second sentence of section #ag7;b7 of the ,noise ,control ,act of #aigb 7#db ,u4,s4,c4 #diaf7;b77 is amended by striking the ,safety ,appliance ,acts1 the ,interstate ,commerce ,act1 and the ,department of ,transportation ,act and inserting subtitle ,v of title #di1 ,united ,states ,code4 #bbdbd4 ,critical incident stress plans ,the ,secretary shall amend part #bgb of title #di1 ,code of ,federal ,regulations1 to the extent necessary to ensure that-- 7#a7 the coverage of a critical incident stress plan under section #bgb4g of such part includes employees of commuter railroads and intercity passenger railroads 7as such terms are defined in section #bgb4i of such part71 including employees who directly interact with passengers2 and 7#b7 an assault against an employee requiring medical attention is included in the definition of critical incident under section #bgb4i of such part4 #bbdbe4 ,requirements for railroad freight cars placed into service in the ,united ,states 7a7 ,in general ,subchapter ,,ii of chapter #bja of subtitle ,v of title #di1 ,united ,states ,code 7as amended by section #bbdaf7;a771 is amended by adding at the end the following3 #bjaga4 ,requirements for railroad freight cars placed into service in the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,component ,the term component means a part or subassembly of a railroad freight car4 7#b7 ,control ,the term control means the power1 whether direct or indirect and whether or not exercised1 through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity1 representation on the board of directors of an entity1 proxy voting on the board of directors of an entity1 a special share in the entity1 a contractual arrangement with the entity1 a formal or informal arrangement to act in concert with an entity1 or any other means1 to determine1 direct1 make decisions1 or cause decisions to be made for the entity4 7#c7 ,cost of sensitive technology ,the term cost of sensitive technology means the aggregate cost of the sensitive technology located on a railroad freight car4 7#d7 ,country of concern ,the term country of concern means a country that-- 7,a7 is identified by the ,department of ,commerce as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required by section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a foreign country included on the priority watch list 7as defined in subsection 7g77#c7 of such section72 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7#e7 ,net cost ,the term net cost has the meaning given such term in chapter #d of the ,,usmca or any subsequent free trade agreement between the ,united ,states1 ,mexico1 and ,canada4 7#f7 ,qualified facility ,the term qualified facility means a facility that is not owned or under the control of a state-owned enterprise4 7#g7 ,qualified manufacturer ,the term qualified manufacturer means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise4 7#h7 ,railroad freight car ,the term railroad freight car means a car designed to carry freight or railroad personnel by rail1 including-- 7,a7 a box car2 7,b7 a refrigerator car2 7,c7 a ventilator car2 7,d7 an intermodal well car2 7,e7 a gondola car2 7,f7 a hopper car2 7,g7 an auto rack car2 7,h7 a flat car2 7,i7 a special car2 7,j7 a caboose car2 7,k7 a tank car2 and 7,l7 a yard car4 7#i7 ,sensitive technology ,the term sensitive technology means any device embedded with electronics1 software1 sensors1 or other connectivity1 that enables the device to connect to1 collect data from1 or exchange data with another device1 including-- 7,a7 onboard telematics2 7,b7 remote monitoring software2 7,c7 firmware2 7,d7 analytics2 7,e7 global positioning system satellite and cellular location tracking systems2 7,f7 event status sensors2 7,g7 predictive component condition and performance monitoring sensors2 and 7,h7 similar sensitive technologies embedded into freight railcar components and sub-assemblies4 7#aj7 ,state-owned enterprise ,the term state-owned enterprise means-- 7,a7 an entity that is owned by1 or under the control of1 a national1 provincial1 or local government of a country of concern1 or an agency of such government2 or 7,b7 an individual acting under the direction or influence of a government or agency described in subparagraph 7,a74 7#aa7 ,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 process1 as described in chapter #d and related annexes of the ,,usmca or any subsequent free trade agreement between the ,united ,states1 ,mexico1 and ,canada4 7#ab7 ,,usmca ,the term ,,usmca has the meaning given the term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 7b7 ,requirements for railroad freight cars 7#a7 ,limitation on railroad freight cars ,a railroad freight car wholly manufactured on or after the date that is #a year after the date of issuance of the regulations required under subsection 7c77#a7 may only operate on the ,united ,states general railroad system of transportation if-- 7,a7 the railroad freight car is manufactured1 assembled1 and substantially transformed1 as applicable1 by a qualified manufacturer in a qualified facility2 7,b7 none of the sensitive technology located on the railroad freight car1 including components necessary to the functionality of the sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise2 and 7,c7 none of the content of the railroad freight car1 excluding sensitive technology1 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 by a ,federal district court under title #ce or the ,u4,s4 ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg74 7#b7 ,limitation on railroad freight car content 7,a7 ,percentage limitation 7i7 ,initial limitation ,not later than #a year after the date of issuance of the regulations required under subsection 7c77#a71 a railroad freight car described in paragraph 7#a7 may operate on the ,united ,states general railroad system of transportation only if not more than #bj percent of the content of the railroad freight car1 calculated by the net cost of all components of the car and excluding the cost of sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise4 7ii7 ,subsequent limitation ,effective beginning on the date that is #c years after the date of issuance of the regulations required under subsection 7c77#a71 a railroad freight car described in paragraph 7#a7 may operate on the ,united ,states general railroad system of transportation only if not more than #ae percent of the content of the railroad freight car1 calculated by the net cost of all components of the car and excluding the cost of sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise4 7,b7 ,conflict ,the percentages specified in clauses 7i7 and 7ii7 of subparagraph 7,a71 as applicable1 shall apply notwithstanding any apparent conflict with provisions of chapter #d of the ,,usmca4 7c7 ,regulations and penalties 7#a7 ,regulations required ,not later than #b years after the date of enactment of the ,passenger ,rail ,expansion and ,rail ,safety ,act of #bjba1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out this section1 including for the monitoring and sensitive technology requirements of this section4 7#b7 ,certification required ,to be eligible to provide a railroad freight car for operation on the ,united ,states general railroad system of transportation1 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 section4 7#c7 ,compliance 7,a7 ,valid certification required ,at the time a railroad freight car begins operation on the ,united ,states general railroad system of transportation1 the manufacturer of such railroad freight car shall have valid certification described in paragraph 7#b7 for the year in which such car begins operation4 7,b7 ,registration of noncompliant cars prohibited ,a railroad freight car manufacturer may not register1 or cause to be registered1 a railroad freight car that does not comply with the requirements under this section in the ,association of ,american ,railroad's ,umler system4 7#d7 ,civil penalties 7,a7 ,in general ,pursuant to section #bacja1 the ,secretary of ,transportation may assess a civil penalty of not less than #ajj1jjj1 but not more than #bej1jjj1 for each violation of this section for each railroad freight car4 7,b7 ,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 #c violations under subparagraph 7,a7 from providing additional railroad freight cars for operation on the ,united ,states general railroad system of transportation until the ,secretary determines-- 7i7 such manufacturer is in compliance with this section2 and 7ii7 all civil penalties assessed to such manufacturer pursuant to subparagraph 7,a7 have been paid in full4 4 7b7 ,clerical amendment ,the analysis for chapter #bja of subtitle ,v of title #di1 ,united ,states ,code 7as amended by section #bbdaf7;b771 is amended by adding at the end the following3 #bjaga4 ,requirements for railroad freight cars placed into service in the ,united ,states4 4 #bbdbf4 ,railroad point of contact for public safety issues ,all railroads shall-- 7#a7 provide railroad contact information for public safety issues1 including a telephone number1 to the relevant ,federal1 ,state1 and local oversight agencies2 and 7#b7 post the information described in paragraph 7#a7 on a publicly accessible website4 #bbdbg4 ,controlled substances testing for mechanical employees ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall amend the regulations under part #bai of title #di1 ,code of ,federal ,regulations1 to require all mechanical employees of railroads to be subject to all of the breath or body fluid testing set forth in subpart ,c1 ,d1 and ,e of such part1 including random testing1 reasonable suspicion testing1 reasonable cause testing1 pre-employment testing1 return-to-duty testing1 and follow-up testing4 ,,iii ,motor carrier safety #bcjja4 ,authorization of appropriations 7a7 ,administrative expenses ,section #caaaj of title #di1 ,united ,states ,code1 is amended by striking subsection 7a7 and inserting the following3 7a7 ,administrative expenses ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for the ,secretary of ,transportation to pay administrative expenses of the ,federal ,motor ,carrier ,safety ,administration-- 7#a7 #cfj1jjj1jjj for fiscal year #bjbb2 7#b7 #cfg1ejj1jjj for fiscal year #bjbc2 7#c7 #cge1jjj1jjj for fiscal year #bjbd2 7#d7 #chb1ejj1jjj for fiscal year #bjbe2 and 7#e7 #cij1jjj1jjj for fiscal year #bjbf4 4 7b7 ,financial assistance programs ,section #caajd of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,financial assistance programs ,there are authorized to be appropriated from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7-- 7#a7 subject to subsection 7c71 to carry out the motor carrier safety assistance program under section #caajb 7other than the high priority program under subsection 7l7 of that section7-- 7,a7 #cij1ejj1jjj for fiscal year #bjbb2 7,b7 #cih1ejj1jjj for fiscal year #bjbc2 7,c7 #djf1ejj1jjj for fiscal year #bjbd2 7,d7 #dad1ejj1jjj for fiscal year #bjbe2 and 7,e7 #dbb1ejj1jjj for fiscal year #bjbf2 7#b7 subject to subsection 7c71 to carry out the high priority program under section #caajb7l7 7other than the commercial motor vehicle enforcement training and support grant program under paragraph 7#e7 of that section7-- 7,a7 #eg1fjj1jjj for fiscal year #bjbb2 7,b7 #eh1hjj1jjj for fiscal year #bjbc2 7,c7 #fj1jjj1jjj for fiscal year #bjbd2 7,d7 #fa1bjj1jjj for fiscal year #bjbe2 and 7,e7 #fb1djj1jjj for fiscal year #bjbf2 7#c7 to carry out the commercial motor vehicle enforcement training and support grant program under section #caajb7l77#e71 #e1jjj1jjj for each of fiscal years #bjbb through #bjbf2 7#d7 to carry out the commercial motor vehicle operators grant program under section #caajc-- 7,a7 #a1ajj1jjj for fiscal year #bjbb2 7,b7 #a1bjj1jjj for fiscal year #bjbc2 7,c7 #a1cjj1jjj for fiscal year #bjbd2 7,d7 #a1djj1jjj for fiscal year #bjbe2 and 7,e7 #a1ejj1jjj for fiscal year #bjbf2 and 7#e7 subject to subsection 7c71 to carry out the financial assistance program for commercial driver's license implementation under section #cacac-- 7,a7 #da1hjj1jjj for fiscal year #bjbb2 7,b7 #db1fej1jjj for fiscal year #bjbc2 7,c7 #dc1ejj1jjj for fiscal year #bjbd2 7,d7 #dd1cej1jjj for fiscal year #bjbe2 and 7,e7 #de1bjj1jjj for fiscal year #bjbf4 2 7#b7 in subsection 7b77#b7-- 7,a7 in the third sentence1 by striking ,the ,secretary and inserting the following3 7,c7 ,in-kind contributions ,the ,secretary 2 7,b7 in the second sentence1 by striking ,the ,secretary and inserting the following3 7,b7 ,limitation ,the ,secretary 2 7,c7 in the first sentence-- 7i7 by inserting 7except subsection 7l77#e7 of that section7 after section #caajb2 and 7ii7 by striking ,the ,secretary and inserting the following3 7,a7 ,reimbursement percentage 7i7 ,in general ,the ,secretary 2 and 7,d7 in subparagraph 7,a7 7as so designated71 by adding at the end the following3 7ii7 ,commercial motor vehicle enforcement training and support grant program ,the ,secretary shall reimburse a recipient1 in accordance with a financial assistance agreement made under section #caajb7l77#e71 an amount that is equal to #ajj percent of the costs incurred by the recipient in a fiscal year in developing and implementing a training program under that section4 2 7#c7 in subsection 7c7-- 7,a7 in the subsection heading1 by striking partner training and2 7,b7 in the first sentence-- 7i7 by striking 7#d7 and inserting 7#e72 and 7ii7 by striking partner training and2 and 7,c7 by striking the second sentence2 and 7#d7 in subsection 7f7-- 7,a7 in paragraph 7#a71 by striking for the next fiscal year and inserting for the next #b fiscal years2 7,b7 in paragraph 7#d71 by striking for the next fiscal year and inserting for the next #b fiscal years2 7,c7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,d7 by inserting after paragraph 7#c7 the following3 7#d7 ,for grants made for carrying out section #caajb7l77#e71 for the fiscal year in which the ,secretary approves the financial assistance agreement and for the next #d fiscal years4 2 and 7#e7 in subsection 7i7-- 7,a7 by striking ,amounts not expended and inserting the following3 7#a7 ,in general ,except as provided in paragraph 7#b71 amounts not expended 2 and 7,b7 by adding at the end the following3 7#b7 ,motor carrier safety assistance program ,amounts made available for the motor carrier safety assistance program established under section #caajb 7other than amounts made available to carry out section #caajb7l77 that are not expended by a recipient during the period of availability shall be released back to the ,secretary for reallocation under that program4 4 7c7 ,enforcement data updates ,section #caajb7;h77#b77;,a7 of title #di1 ,united ,states ,code1 is amended by striking #bjjd and #bjje and inserting #bjad and #bjae4 #bcjjb4 ,motor carrier safety advisory committee ,section #dadd of the ,,safetea-,,lu 7#di ,u4,s4,c4 #caajj note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subsection 7b77#a71 in the second sentence1 by inserting 1 including small business motor carriers after industry2 and 7#b7 in subsection 7d71 by striking ,september #cj1 #bjac and inserting ,september #cj1 #bjbe4 #bcjjc4 ,combating human trafficking ,section #caajb7l7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b7-- 7,a7 in subparagraph 7,g77ii71 by striking and at the end2 7,b7 by redesignating subparagraph 7,h7 as subparagraph 7,j72 and 7,c7 by inserting after subparagraph 7,g7 the following3 7,h7 support1 through the use of funds otherwise available for such purposes-- 7i7 the recognition1 prevention1 and reporting of human trafficking1 including the trafficking of human beings-- 7,i7 in a commercial motor vehicle2 or 7,,ii7 by any occupant1 including the operator1 of a commercial motor vehicle2 7ii7 the detection of criminal activity or any other violation of law relating to human trafficking2 and 7iii7 enforcement of laws relating to human trafficking2 7,i7 otherwise support the recognition1 prevention1 and reporting of human trafficking2 and 2 and 7#b7 in paragraph 7#c77;,d7-- 7,a7 in clause 7ii71 by striking and at the end2 7,b7 in clause 7iii71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7iv7 for the detection of1 and enforcement actions taken as a result of1 criminal activity 7including the trafficking of human beings7-- 7,i7 in a commercial motor vehicle2 or 7,,ii7 by any occupant1 including the operator1 of a commercial motor vehicle2 and 7v7 in addition to any funds otherwise made available for the recognition1 prevention1 and reporting of human trafficking1 to support the recognition1 prevention1 and reporting of human trafficking4 4 #bcjjd4 ,immobilization grant program ,section #caajb7l7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,immobilization grant program 7,a7 ,definition of passenger-carrying commercial motor vehicle ,in this paragraph1 the term passenger-carrying commercial motor vehicle has the meaning given the term commercial motor vehicle in section #cacja4 7,b7 ,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-- 7i7 are determined to be unsafe2 or 7ii7 fail inspection4 7,c7 ,list of criteria for immobilization ,the ,secretary1 in consultation with ,state commercial motor vehicle entities1 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 vehicle4 7,d7 ,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-- 7i7 with respect to which a motor vehicle safety violation included in the list developed under subparagraph 7,c7 is determined to exist2 or 7ii7 that is determined to have a defect included in that list4 7,e7 ,use of funds ,a grant provided under this paragraph may be used for-- 7i7 the immobilization or impoundment of passenger-carrying commercial motor vehicles described in subparagraph 7,d72 7ii7 safety inspections of those passenger-carrying commercial motor vehicles2 and 7iii7 any other activity relating to an activity described in clause 7i7 or 7ii71 as determined by the ,secretary4 7,f7 ,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 #caajd7;a77#b74 4 #bcjje4 ,commercial motor vehicle enforcement training and support ,section #caajb7l7 of title #di1 ,united ,states ,code 7as amended by section #bcjjd71 is amended-- 7#a7 in paragraph 7#a71 by striking 7#b7 and 7#c7 and inserting 7#b7 through 7#e72 and 7#b7 by adding at the end the following3 7#e7 ,commercial motor vehicle enforcement training and support grant program 7,a7 ,in general ,the ,secretary shall administer a commercial motor vehicle enforcement training and support grant program funded under section #caajd7;a77#c71 under which the ,secretary shall make discretionary grants to eligible entities described in subparagraph 7,c7 for the purposes described in subparagraph 7,b74 7,b7 ,purposes ,the purposes of the grant program under subparagraph 7,a7 are-- 7i7 to train non-,federal employees who conduct commercial motor vehicle enforcement activities2 and 7ii7 to develop related training materials4 7,c7 ,eligible entities ,an entity eligible for a discretionary grant under the program described in subparagraph 7,a7 is a nonprofit organization that has-- 7i7 expertise in conducting a training program for non-,federal employees2 and 7ii7 the ability to reach and involve in a training program a target population of commercial motor vehicle safety enforcement employees4 4 #bcjjf4 ,study of commercial motor vehicle crash causation 7a7 ,definitions ,in this section3 7#a7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given the term in section #caacb of title #di1 ,united ,states ,code4 7#b7 ,study ,the term study means the study carried out under subsection 7b74 7b7 ,study ,the ,secretary shall carry out a comprehensive study-- 7#a7 to determine the causes of1 and contributing factors to1 crashes that involve a commercial motor vehicle2 and 7#b7 to identify data requirements1 data collection procedures1 reports1 and any other measures that can be used to improve the ability of ,states and the ,secretary-- 7,a7 to evaluate future crashes involving commercial motor vehicles2 7,b7 to monitor crash trends and identify causes and contributing factors2 and 7,c7 to develop effective safety improvement policies and programs4 7c7 ,design ,the study shall be designed to yield information that can be used to help policy makers1 regulators1 and law enforcement identify activities and other measures that are likely to lead to reductions in-- 7#a7 the frequency of crashes involving a commercial motor vehicle2 7#b7 the severity of crashes involving a commercial motor vehicle2 and 7#c7 fatalities and injuries4 7d7 ,consultation ,in designing and carrying out the study1 the ,secretary may consult with individuals or entities with expertise on-- 7#a7 crash causation and prevention2 7#b7 commercial motor vehicles1 commercial drivers1 and motor carriers1 including passenger carriers2 7#c7 highways and noncommercial motor vehicles and drivers2 7#d7 ,federal and ,state highway and motor carrier safety programs2 7#e7 research methods and statistical analysis2 and 7#f7 other relevant topics1 as determined by the ,secretary4 7e7 ,public comment ,the ,secretary shall make available for public comment information about the objectives1 methodology1 implementation1 findings1 and other aspects of the study4 7f7 ,reports ,as soon as practicable after the date on which the study is completed1 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 7#a7 through 7#c7 of subsection 7c74 #bcjjg4 ,promoting women in the trucking workforce 7a7 ,findings ,congress finds that-- 7#a7 women make up #dg percent of the workforce of the ,united ,states2 7#b7 women are significantly underrepresented in the trucking industry1 holding only #bd percent of all transportation and warehousing jobs and representing only-- 7,a7 #f4f percent of truck drivers2 7,b7 #ab4e percent of all workers in truck transportation2 and 7,c7 #h percent of freight firm owners2 7#c7 given the total number of women truck drivers1 women are underrepresented in the truck-driving workforce2 and 7#d7 women truck drivers have been shown to be #bj percent less likely than male counterparts to be involved in a crash4 7b7 ,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 women1 including through programs that support recruitment1 driver training1 and mentorship4 7c7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,board ,the term ,board means the ,women of ,trucking ,advisory ,board established under subsection 7d77#a74 7#c7 ,large trucking company ,the term large trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with more than #ajj power units4 7#d7 ,mid-sized trucking company ,the term mid-sized trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with not fewer than #aa power units and not more than #ajj power units4 7#e7 ,power unit ,the term power unit means a self-propelled vehicle under the jurisdiction of the ,federal ,motor ,carrier ,safety ,administration4 7#f7 ,small trucking company ,the term small trucking company means a motor carrier 7as defined in section #acajb of title #di1 ,united ,states ,code7 with not fewer than #a power unit and not more than #aj power units4 7d7 ,women of ,trucking ,advisory ,board 7#a7 ,establishment ,to encourage women to enter the field of trucking1 the ,administrator shall establish and facilitate an advisory board1 to be known as the ,women of ,trucking ,advisory ,board1 to review and report on policies that-- 7,a7 provide education1 training1 mentorship1 or outreach to women in the trucking industry2 and 7,b7 recruit1 retain1 or advance women in the trucking industry4 7#b7 ,membership 7,a7 ,in general ,the ,board shall be composed of not fewer than #h members whose backgrounds1 experience1 and certifications allow those members to contribute balanced points of view and diverse ideas regarding the matters described in paragraph 7#c77;,b74 7,b7 ,appointment 7i7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall appoint the members of the ,board1 of whom-- 7,i7 not fewer than #a shall be a representative of large trucking companies2 7,,ii7 not fewer than #a shall be a representative of mid-sized trucking companies2 7,,iii7 not fewer than #a shall be a representative of small trucking companies2 7,,iv7 not fewer than #a shall be a representative of nonprofit organizations in the trucking industry2 7,v7 not fewer than #a shall be a representative of trucking business associations2 7,,vi7 not fewer than #a shall be a representative of independent owner-operators2 7,,vii7 not fewer than #a shall be a woman who is a professional truck driver2 and 7,,viii7 not fewer than #a shall be a representative of an institution of higher education or trucking trade school4 7ii7 ,diversity ,a member of the ,board appointed under any of subclauses 7,i7 through 7,,viii7 of clause 7i7 may not be appointed under any other subclause of that clause4 7,c7 ,terms ,each member shall be appointed for the life of the ,board4 7,d7 ,compensation ,a member of the ,board shall serve without compensation4 7#c7 ,duties 7,a7 ,in general ,the ,board shall identify-- 7i7 barriers and industry trends that directly or indirectly discourage women from pursuing and retaining careers in trucking1 including-- 7,i7 any particular barriers and trends that impact women minority groups2 7,,ii7 any particular barriers and trends that impact women who live in rural1 suburban1 or urban areas2 and 7,,iii7 any safety risks unique to women in the trucking industry2 7ii7 ways in which the functions of trucking companies1 nonprofit organizations1 training and education providers1 and trucking associations may be coordinated to facilitate support for women pursuing careers in trucking2 7iii7 opportunities to expand existing opportunities for women in the trucking industry2 and 7iv7 opportunities to enhance trucking training1 mentorship1 education1 and advancement and outreach programs that would increase the number of women in the trucking industry4 7,b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,board shall submit to the ,administrator a report containing the findings and recommendations of the ,board1 including recommendations that companies1 associations1 institutions1 other organizations1 or the ,administrator may adopt-- 7i7 to address any industry trends identified under subparagraph 7,a77i72 7ii7 to coordinate the functions of trucking companies1 nonprofit organizations1 and trucking associations in a manner that facilitates support for women pursuing careers in trucking2 7iii7 7,i7 to take advantage of any opportunities identified under subparagraph 7,a77iii72 and 7,,ii7 to create new opportunities to expand existing scholarship opportunities for women in the trucking industry2 and 7iv7 to enhance trucking training1 mentorship1 education1 and outreach programs that are exclusive to women4 7#d7 ,report to ,congress 7,a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,administrator shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing-- 7i7 the findings and recommendations of the ,board under paragraph 7#c77;,b72 and 7ii7 any actions taken by the ,administrator to adopt the recommendations of the ,board 7or an explanation of the reasons for not adopting the recommendations74 7,b7 ,public availability ,the ,administrator shall make the report under subparagraph 7,a7 publicly available-- 7i7 on the website of the ,federal ,motor ,carrier ,safety ,administration2 and 7ii7 in appropriate offices of the ,federal ,motor ,carrier ,safety ,administration4 7#e7 ,termination ,the ,board shall terminate on submission of the report to ,congress under paragraph 7#d74 #bcjjh4 ,state inspection of passenger-carrying commercial motor vehicles 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall solicit additional comment on the advance notice of proposed rulemaking entitled ,state ,inspection ,programs for ,passenger-,carrier ,vehicles 7#ha ,fed4 ,reg4 #bdgfi 7,april #bg1 #bjaf774 7b7 ,final rule 7#a7 ,in general ,after reviewing all comments received in response to the solicitation under subsection 7a71 if the ,secretary determines that data and information exist to support moving forward with a final rulemaking action1 the ,secretary shall issue a final rule relating to the advance notice of proposed rulemaking described in that subsection4 7#b7 ,considerations ,in determining whether to issue a final rule under paragraph 7#a71 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 operations4 #bcjji4 ,truck ,leasing ,task ,force 7a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,labor1 shall establish a task force1 to be known as the ,truck ,leasing ,task ,force 7referred to in this section as the ,task ,force74 7b7 ,membership 7#a7 ,in general ,the ,secretary shall select not more than #aj individuals to serve as members of the ,task ,force1 including at least #a representative from each of the following3 7,a7 ,labor organizations4 7,b7 ,motor carriers that provide lease-purchase agreements to owner-operators4 7,c7 ,consumer protection groups4 7,d7 ,members of the legal profession who specialize in consumer finance issues1 including experience with lease-purchase agreements4 7,e7 ,owner-operators in the trucking industry with experience regarding lease-purchase agreements4 7,f7 ,businesses that provide or are subject to lease-purchase agreements in the trucking industry4 7#b7 ,compensation ,a member of the ,task ,force shall serve without compensation4 7c7 ,duties ,the ,task ,force shall examine1 at a minimum-- 7#a7 common truck leasing arrangements available to commercial motor vehicle drivers1 including lease-purchase agreements2 7#b7 the terms of the leasing agreements described in paragraph 7#a72 7#c7 7,a7 the existence of inequitable leasing agreements and terms in the motor carrier industry2 7,b7 whether any such inequitable terms and agreements affect the frequency of maintenance performed on vehicles subject to those agreements2 and 7,c7 whether any such inequitable terms and agreements affect whether a vehicle is kept in a general state of good repair2 7#d7 specific agreements available to drayage drivers at ports relating to the ,clean ,truck ,program or any similar program to decrease emissions from port operations2 7#e7 the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers1 including port drayage drivers2 7#f7 whether truck leasing agreements properly incentivize the safe operation of vehicles1 including driver compliance with the hours of service regulations and laws governing speed and safety generally2 7#g7 resources to assist commercial motor vehicle drivers in assessing the financial impacts of leasing agreements2 and 7#h7 7,a7 the opportunity that equitable leasing agreements provide for drivers to start or expand trucking companies2 and 7,b7 the history of motor carriers starting from single owner-operators4 7d7 ,report ,on completion of the examination under subsection 7c71 the ,task ,force shall submit to the ,secretary1 the ,secretary of ,labor1 and the appropriate committees of ,congress a report containing-- 7#a7 the findings of the ,task ,force with respect to the matters described in subsection 7c72 7#b7 best practices relating to-- 7,a7 assisting a commercial motor vehicle driver in assessing the impacts of leasing agreements prior to entering into such an agreement2 7,b7 assisting a commercial motor vehicle driver who has entered into a predatory lease agreement2 and 7,c7 preventing coercion and impacts on safety as described in section #caacf of title #di1 ,united ,states ,code2 and 7#c7 recommendations relating to changes to laws 7including regulations71 as applicable1 at the ,federal1 ,state1 or local level to promote fair leasing agreements under which a commercial motor vehicle driver1 including a short haul driver1 who is a party to such an agreement is able to earn a rate commensurate with other commercial motor vehicle drivers performing similar duties4 7e7 ,termination ,not later than #cj days after the date on which the report under subsection 7d7 is submitted1 the ,task ,force shall terminate4 #bcjaj4 ,automatic emergency braking 7a7 ,definitions ,in this section3 7#a7 ,automatic emergency braking system ,the term automatic emergency braking system means a system on a commercial motor vehicle that1 based on a predefined distance and closing rate with respect to an obstacle in the path of the commercial motor vehicle-- 7,a7 alerts the driver of the obstacle2 and 7,b7 if necessary to avoid or mitigate a collision with the obstacle1 automatically applies the brakes of the commercial motor vehicle4 7#b7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given the term in section #caaja of title #di1 ,united ,states ,code4 7b7 ,federal motor vehicle safety standard 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 prescribe a motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires any commercial motor vehicle subject to section #ega4acf of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,number #acf7 7or a successor regulation7 that is manufactured after the effective date of the standard prescribed under this subparagraph to be equipped with an automatic emergency braking system2 and 7,b7 as part of the standard under subparagraph 7,a71 establish performance requirements for automatic emergency braking systems4 7#b7 ,considerations ,prior to prescribing the motor vehicle safety standard under paragraph 7#a77;,a71 the ,secretary shall-- 7,a7 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 standard1 if practicable2 and 7,b7 consult with representatives of commercial motor vehicle drivers regarding the experiences of drivers with automatic emergency braking systems in use in applicable commercial motor vehicles1 including any malfunctions or unwarranted activations of those automatic emergency braking systems4 7c7 ,federal motor carrier safety regulation ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall prescribe a regulation under section #caacf of title #di1 ,united ,states ,code1 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 7b77#a77;,a7 that is in operation on or after that date and is subject to section #ega4acf of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,number #acf7 7or a successor regulation7 be used at any time during which the commercial motor vehicle is in operation4 7d7 ,report on automatic emergency braking in other commercial motor vehicles 7#a7 ,study ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall complete a study on equipping a variety of commercial motor vehicles not subject to section #ega4acf of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,number #acf7 7or a successor regulation7 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 vehicle1 including an assessment of the feasibility1 benefits1 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 #aj1jja pounds4 7#b7 ,independent research ,if the ,secretary enters into a contract with a third party to perform research relating to the study required under paragraph 7#a71 the ,secretary shall ensure that the third party does not have any financial or contractual ties to1 or relationships with-- 7,a7 a motor carrier that transports passengers or property for compensation2 7,b7 the motor carrier industry2 or 7,c7 an entity producing or supplying automatic emergency braking systems4 7#c7 ,public comment ,not later than #ij days after the date on which the study under paragraph 7#a7 is completed1 the ,secretary shall-- 7,a7 issue a notice in the ,federal ,register containing the findings of the study2 and 7,b7 provide an opportunity for public comment4 7#d7 ,report to ,congress ,not later than #ij days after the conclusion of the public comment period under paragraph 7#c77;,b71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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-- 7,a7 the results of the study under paragraph 7#a72 7,b7 a summary of any comments received under paragraph 7#c77;,b72 and 7,c7 a determination as to whether the ,secretary intends to develop performance requirements for automatic emergency braking systems for applicable commercial motor vehicles1 including any analysis that led to that determination4 7#e7 ,rulemaking ,not later than #b years after the date on which the study under paragraph 7#a7 is completed1 the ,secretary shall-- 7,a7 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 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code2 and 7,b7 if the ,secretary determines that a motor vehicle safety standard described in subparagraph 7,a7 would meet the requirements and considerations described in that subparagraph1 initiate a rulemaking to prescribe such a motor vehicle safety standard4 #bcjaa4 ,underride protection 7a7 ,definitions ,in this section3 7#a7 ,committee ,the term ,committee means the ,advisory ,committee on ,underride ,protection established under subsection 7d77#a74 7#b7 ,motor carrier ,the term motor carrier has the meaning given the term in section #acajb of title #di1 ,united ,states ,code4 7#c7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given the term in section #cbaja of title #di1 ,united ,states ,code4 7#d7 ,underride crash ,the term underride crash means a crash in which a trailer or semitrailer intrudes into the passenger compartment of a passenger motor vehicle4 7b7 ,rear underride guards 7#a7 ,trailers and semitrailers 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall promulgate such regulations as are necessary to revise sections #ega4bbc and #ega4bbd of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,numbers #bbc and #bbd1 respectively71 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 #ce miles per hour makes-- 7i7 an impact in which the passenger motor vehicle impacts the center of the rear of the trailer or semitrailer2 7ii7 an impact in which #ej percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer2 and 7iii7 an impact in which #cj percent of the width of the passenger motor vehicle overlaps the rear of the trailer or semitrailer1 if the ,secretary determines that a revision of sections #ega4bbc and #ega4bbd of title #di1 ,code of ,federal ,regulations 7relating to ,federal ,motor ,vehicle ,safety ,standard ,numbers #bbc and #bbd1 respectively7 to address such an impact would meet the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7,b7 ,effective date ,the regulations promulgated under subparagraph 7,a7 shall require full compliance with each ,federal ,motor ,vehicle ,safety ,standard revised pursuant to those regulations not later than #b years after the date on which those regulations are promulgated4 7#b7 ,additional research ,the ,secretary shall conduct additional research on the design and development of rear impact guards that can-- 7,a7 prevent underride crashes in cases in which the passenger motor vehicle is traveling at speeds of up to #fe miles per hour2 and 7,b7 protect passengers in passenger motor vehicles against severe injury in crashes in which the passenger motor vehicle is traveling at speeds of up to #fe miles per hour4 7#c7 ,review of standards ,not later than #e years after the date on which the regulations under paragraph 7#a77;,a7 are promulgated1 the ,secretary shall-- 7,a7 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 technology2 and 7,b7 update those ,federal ,motor ,vehicle ,safety ,standards and those regulations accordingly4 7#d7 ,inspections 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 #di1 ,code of ,federal ,regulations1 and the regulations relating to driver vehicle inspection reports under section #cif4aa of that title to include requirements relating to rear impact guards and rear end protection that are consistent with the requirements described in section #cic4hf of that title4 7,b7 ,considerations ,in revising the regulations described in subparagraph 7,a71 the ,secretary shall consider it to be a defect or a deficiency if a rear impact guard is missing an1 or has a corroded or compromised1 element that affects the structural integrity and protective feature of the rear impact guard4 7c7 ,side underride guards 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 complete additional research on side underride guards to better understand the overall effectiveness of side underride guards2 7,b7 assess the feasibility1 benefits1 and costs of1 and any impacts on intermodal equipment1 freight mobility 7including port operations71 and freight capacity associated with1 installing side underride guards on newly manufactured trailers and semitrailers with a gross vehicle weight rating of #aj1jjj pounds or more2 7,c7 consider the unique structural and operational aspects of-- 7i7 intermodal chassis 7as defined in section #cdj4b of title #df1 ,code of ,federal ,regulations2 and 7ii7 pole trailers 7as defined in section #cij4e of title #di1 ,code of ,federal ,regulations2 and 7,d7 if warranted1 develop performance standards for side underride guards4 7#b7 ,independent research ,if the ,secretary enters into a contract with a third party to perform the research required under paragraph 7#a77;,a71 the ,secretary shall ensure that the third party does not have any financial or contractual ties to1 or relationships with-- 7,a7 a motor carrier that transports passengers or property for compensation2 7,b7 the motor carrier industry2 or 7,c7 an entity producing or supplying underride guards4 7#c7 ,publication of assessment ,not later than #ij days after completion of the assessment required under paragraph 7#a77;,b71 the ,secretary shall-- 7,a7 issue a notice in the ,federal ,register containing the findings of the assessment2 and 7,b7 provide an opportunity for public comment4 7#d7 ,report to congress ,not later than #ij days after the conclusion of the public comment period under paragraph 7#c77;,b71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that includes-- 7,a7 the results of the assessment under paragraph 7#a77;,b72 7,b7 a summary of any comments received by the ,secretary under paragraph 7#c77;,b72 and 7,c7 a determination as to whether the ,secretary intends to develop performance requirements for side underride guards1 including any analysis that led to that determination4 7d7 ,advisory committee on underride protection 7#a7 ,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 crashes4 7#b7 ,membership 7,a7 ,in general ,the ,committee shall be composed of not more than #bj members1 appointed by the ,secretary1 who-- 7i7 are not employees of the ,department2 and 7ii7 are qualified to serve on the ,committee because of their expertise1 training1 or experience4 7,b7 ,representation ,the ,committee shall include #b representatives of each of the following3 7i7 ,truck and trailer manufacturers4 7ii7 ,motor carriers1 including independent owner-operators4 7iii7 ,law enforcement4 7iv7 ,motor vehicle engineers4 7v7 ,motor vehicle crash investigators4 7vi7 ,truck safety organizations4 7vii7 ,the insurance industry4 7viii7 ,emergency medical service providers4 7ix7 ,families of underride crash victims4 7x7 ,labor organizations4 7#c7 ,compensation ,members of the ,committee shall serve without compensation4 7#d7 ,meetings ,the ,committee shall meet not less frequently than annually4 7#e7 ,support ,on request of the ,committee1 the ,secretary shall provide information1 administrative services1 and supplies necessary for the ,committee to carry out the duties of the ,committee4 7#f7 ,report ,the ,committee shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a biennial report that-- 7,a7 describes the advice and recommendations made to the ,secretary2 and 7,b7 includes an assessment of progress made by the ,secretary in advancing safety regulations relating to underride crashes4 7e7 ,data collection ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement the recommendations described in the report of the ,government ,accountability ,office entitled ,truck ,underride ,guards3 ,improved ,data ,collection1 ,inspections1 and ,research ,needed1 published on ,march #ad1 #bjai1 and numbered ,,gao-#ai-bfd4 #bcjab4 ,providers of recreational activities ,section #acejf7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#b71 by striking or at the end2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#d7 transportation by a motor vehicle designed or used to transport not fewer than #i1 and not more than #ae1 passengers 7including the driver71 whether operated alone or with a trailer attached for the transport of recreational equipment1 if-- 7,a7 the motor vehicle is operated by a person that provides recreational activities2 7,b7 the transportation is provided within a #aej air-mile radius of the location at which passengers initially boarded the motor vehicle at the outset of the trip2 and 7,c7 in the case of a motor vehicle transporting passengers over a route between a place in a ,state and a place in another ,state1 the person operating the motor vehicle is lawfully providing transportation of passengers over the entire route in accordance with applicable ,state law4 4 #bcjac4 ,amendments to regulations relating to transportation of household goods in interstate commerce 7a7 ,definitions ,in this section3 7#a7 ,administration ,the term ,administration means the ,federal ,motor ,carrier ,safety ,administration4 7#b7 ,covered carrier ,the term covered carrier means a motor carrier that is-- 7,a7 engaged in the interstate transportation of household goods2 and 7,b7 subject to the requirements of part #cge of title #di1 ,code of ,federal ,regulations 7as in effect on the effective date of any amendments made pursuant to the notice of proposed rulemaking issued under subsection 7b774 7b7 ,amendments to regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue a notice of proposed rulemaking to amend1 as the ,secretary determines to be appropriate1 regulations relating to the interstate transportation of household goods4 7c7 ,considerations ,in issuing the notice of proposed rulemaking under subsection 7b71 the ,secretary shall consider amending the following provisions of title #di1 ,code of ,federal ,regulations1 in accordance with the following recommendations3 7#a7 ,section #cge4bjg7;b7 to require each covered carrier to include on the website of the covered carrier a link-- 7,a7 to the publication of the ,administration entitled ,ready to ,move-,tips for a ,successful ,interstate ,move and numbered ,,esa-#jc-jje on the website of the ,administration2 or 7,b7 to a copy of the publication referred to in subparagraph 7,a7 on the website of the covered carrier4 7#b7 ,subsections 7a7 and 7b77#a7 of section #cge4bac to require each covered carrier to provide to each individual shipper1 together with any written estimate provided to the shipper1 a copy of the publication described in appendix ,a of part #cge of that title1 entitled ,your ,rights and ,responsibilities ,when ,you ,move and numbered ,,esa-#jc-jjf 7or a successor publication71 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 publication4 7#c7 ,section #cge4bac to repeal subsection 7e7 of that section4 7#d7 ,section #cge4dja7;a7 to require each covered carrier-- 7,a7 to conduct a visual survey of the household goods to be transported by the covered carrier-- 7i7 in person2 or 7ii7 virtually1 using-- 7,i7 a remote camera2 or 7,,ii7 another appropriate technology2 7,b7 to offer a visual survey described in subparagraph 7,a7 for all household goods shipments1 regardless of the distance between-- 7i7 the location of the household goods2 and 7ii7 the location of the agent of the covered carrier preparing the estimate2 and 7,c7 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-#jc-jje on receipt from the shipper of a request to schedule1 or a waiver of1 a visual survey offered under subparagraph 7,b74 7#e7 ,sections #cge4dja7;b77#a71 #cge4djc7;a77#f77;ii71 and #cge4dje7;b77#g77;ii71 and subpart ,d of appendix ,a of part #cge1 to require that1 in any case in which a shipper tenders any additional item or requests any additional service prior to loading a shipment1 the affected covered carrier shall-- 7,a7 prepare a new estimate2 and 7,b7 maintain a record of the date1 time1 and manner in which the new estimate was accepted by the shipper4 7#f7 ,section #cge4eja7;a71 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 7#a7 through 7#ae7 of that section in a bill of lading that is presented to the shipper before the covered carrier receives the shipment4 7#g7 ,subpart ,h of part #cge1 to replace the replace the terms freight bill and expense bill with the term invoice4 #bcjad4 ,improving ,federal-,state motor carrier safety enforcement coordination 7a7 ,definitions ,in this section3 7#a7 ,covered ,state ,the term covered ,state means a ,state that receives ,federal funds under the motor carrier safety assistance program established under section #caajb of title #di1 ,united ,states ,code4 7#b7 ,imminent hazard ,the term imminent hazard has the same meaning as in section #eba of title #di1 ,united ,states ,code4 7b7 ,review and enforcement of ,state out-of-service orders ,as soon as practicable after the date of enactment of this ,act1 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 #caadd7;d7 of title #di1 ,united ,states ,code1 by not later than #cj days after the date on which the out-of-service order is submitted to the ,secretary by the covered ,state4 7c7 ,review and enforcement of ,state imminent hazard determinations 7#a7 ,in general ,as soon as practicable after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a process under which the ,secretary shall review imminent hazard determinations made by covered ,states4 7#b7 ,enforcement ,on reviewing an imminent hazard determination under paragraph 7#a71 the ,secretary shall pursue enforcement under section #eba of title #di1 ,united ,states ,code1 as the ,secretary determines to be appropriate4 #bcjae4 ,limousine research 7a7 ,definitions ,in this section3 7#a7 ,limousine ,the term limousine means a motor vehicle-- 7,a7 that has a seating capacity of #i or more persons 7including the driver72 7,b7 with a gross vehicle weight rating greater than #aj1jjj pounds but not greater than #bf1jjj pounds2 7,c7 that the ,secretary has determined by regulation has physical characteristics resembling-- 7i7 a passenger car2 7ii7 a multipurpose passenger vehicle2 or 7iii7 a truck with a gross vehicle weight rating of #aj1jjj pounds or less2 and 7,d7 that is not a taxi1 nonemergency medical1 or paratransit motor vehicle4 7#b7 ,limousine operator ,the term limousine operator means a person who owns or leases1 and uses1 a limousine to transport passengers for compensation4 7#c7 ,motor vehicle safety standard ,the term motor vehicle safety standard has the meaning given the term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#d7 ,state ,the term ,state has the meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7b7 ,crashworthiness 7#a7 ,research ,not later than #d years after the date of enactment of this ,act1 the ,secretary shall complete research into the development of motor vehicle safety standards for side impact protection1 roof crush resistance1 and air bag systems for the protection of occupants in limousines with alternative seating positions1 including perimeter seating arrangements4 7#b7 ,rulemaking or report 7,a7 ,crashworthiness standards 7i7 ,in general ,subject to clause 7ii71 not later than #b years after the date on which the research under paragraph 7#a7 is completed1 the ,secretary shall prescribe1 for the protection of occupants in limousines with alternative seating positions1 a final motor vehicle safety standard for each of the following3 7,i7 ,side impact protection4 7,,ii7 ,roof crush resistance4 7,,iii7 ,air bag systems4 7ii7 ,requirements and considerations ,the ,secretary may only prescribe a motor vehicle safety standard described in clause 7i7 if the ,secretary determines that the standard meets the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7,b7 ,report ,if the ,secretary determines that a motor vehicle safety standard described in subparagraph 7,a77i7 would not meet the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall publish in the ,federal ,register and submit to the ,committee on ,commerce1 ,science1 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 standard4 7c7 ,evacuation 7#a7 ,research ,not later than #b years after the date of enactment of this ,act1 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 blocked4 7#b7 ,rulemaking or report 7,a7 ,limousine evacuation 7i7 ,in general ,subject to clause 7ii71 not later than #b years after the date on which the research under paragraph 7#a7 is completed1 the ,secretary shall prescribe a final motor vehicle safety standard based on the results of that research4 7ii7 ,requirements and considerations ,the ,secretary may only prescribe a motor vehicle safety standard described in clause 7i7 if the ,secretary determines that the standard meets the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code4 7,b7 ,report ,if the ,secretary determines that a standard described in subparagraph 7,a77i7 would not meet the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall publish in the ,federal ,register and submit to the ,committee on ,commerce1 ,science1 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 standard4 7d7 ,limousine inspection disclosure 7#a7 ,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 notice1 including on the website of the operator if the operator has a website1 the following3 7,a7 ,the date of the most recent inspection of the limousine required under ,state or ,federal law1 if applicable4 7,b7 ,the results of the inspection1 if applicable4 7,c7 ,any corrective action taken by the limousine operator to ensure the limousine passed inspection1 if applicable4 7#b7 ,federal trade commission enforcement 7,a7 ,in general ,the ,federal ,trade ,commission shall enforce this subsection in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this subsection4 7,b7 ,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 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,savings provision ,nothing in this subsection limits the authority of the ,federal ,trade ,commission under any other provision of law4 7#d7 ,effective date ,this subsection shall take effect on the date that is #ahj days after the date of enactment of this ,act4 #bcjaf4 ,national ,consumer ,complaint ,database 7a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 and ,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 ,administration4 7b7 ,contents ,the report under subsection 7a7 shall include-- 7#a7 a review of the process and effectiveness of efforts to review and follow-up on complaints submitted to the ,national ,consumer ,complaint ,database2 7#b7 an identification of the top #e complaint categories2 7#c7 an identification of-- 7,a7 the process that the ,federal ,motor ,carrier ,safety ,administration uses to determine which entities to take enforcement actions against2 and 7,b7 the top categories of enforcement actions taken by the ,federal ,motor ,carrier ,safety ,administration2 7#d7 a review of the use of the ,national ,consumer ,complaint ,database website over the #e-year period ending on ,december #ca1 #bjbj1 including information obtained by conducting interviews with drivers1 customers of movers of household goods1 brokers1 motor carriers1 including small business motor carriers1 and other users of the website to determine the usability of the website2 7#e7 a review of efforts taken by the ,federal ,motor ,carrier ,safety ,administration to raise awareness of the ,national ,consumer ,complaint ,database2 and 7#f7 recommendations1 as appropriate1 including with respect to methods-- 7,a7 for improving the usability of the ,national ,consumer ,complaint ,database website2 7,b7 for improving the review of complaints2 7,c7 for using data collected through the ,national ,consumer ,complaint ,database to identify bad actors2 7,d7 to improve confidence and transparency in the complaint process2 and 7,e7 for improving stakeholder awareness of and participation in the ,national ,consumer ,complaint ,database and the complaint system1 including improved communication about the purpose of the ,national ,consumer ,complaint ,database4 #bcjag4 ,electronic logging device oversight ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report analyzing the cost and effectiveness of electronic logging devices and detailing the processes-- 7#a7 used by the ,federal ,motor ,carrier ,safety ,administration-- 7,a7 to review electronic logging device logs2 and 7,b7 to protect proprietary information and personally identifiable information obtained from electronic logging device logs2 and 7#b7 through which an operator may challenge or appeal a violation notice issued by the ,federal ,motor ,carrier ,safety ,administration relating to an electronic logging device4 #bcjah4 ,transportation of agricultural commodities and farm supplies ,section #bbi7;a77#a7 of the ,motor ,carrier ,safety ,improvement ,act of #aiii 7#di ,u4,s4,c4 #caacf note2 ,public ,law #ajf-aei7 is amended-- 7#a7 in subparagraph 7,b71 by striking or at the end2 7#b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,d7 drivers transporting livestock 7as defined in section #fjb of the ,emergency ,livestock ,feed ,assistance ,act of #aihh 7#g ,u4,s4,c4 #adga7 including insects7 within a #aej air-mile radius from the final destination of the livestock4 4 #bcjai4 ,modification of restrictions on certain commercial driver's licenses ,the ,administrator of the ,federal ,motor ,carrier ,safety ,administration shall revise section #chc4c7;f77#c77;ii7 of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 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 license1 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 #baj4 #bcjbj4 ,report on human trafficking violations involving commercial motor vehicles ,not later than #c years after the date of enactment of this ,act1 and every #c years thereafter1 the ,secretary1 acting through the ,department of ,transportation ,advisory ,committee on ,human ,trafficking established under section #e7;a7 of the ,combating ,human ,trafficking in ,commercial ,vehicles ,act 7,public ,law #aae-ii2 #aca ,stat4 #bbdc71 shall coordinate with the ,attorney ,general to prepare and submit to ,congress a report relating to human trafficking violations involving commercial motor vehicles1 which shall include recommendations for countering human trafficking1 including an assessment of previous best practices by transportation stakeholders4 #bcjba4 ,broker guidance relating to ,federal motor carrier safety regulations 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue guidance to clarify the definitions of the terms broker and bona fide agents in section #cga4b of title #di1 ,code of ,federal ,regulations4 7b7 ,considerations ,in issuing guidance under subsection 7a71 the ,secretary shall take into consideration-- 7#a7 the extent to which technology has changed the nature of freight brokerage2 7#b7 the role of bona fide agents2 and 7#c7 other aspects of the freight transportation industry4 7c7 ,dispatch services ,in issuing guidance under subsection 7a71 the ,secretary shall1 at a minimum-- 7#a7 examine the role of a dispatch service in the transportation industry2 7#b7 examine the extent to which dispatch services could be considered brokers or bona fide agents2 and 7#c7 clarify the level of financial penalties for unauthorized brokerage activities under section #adiaf of title #di1 ,united ,states ,code1 applicable to a dispatch service4 #bcjbb4 ,apprenticeship pilot program 7a7 ,definitions ,in this section3 7#a7 ,apprentice ,the term apprentice means an individual who-- 7,a7 is under the age of #ba2 and 7,b7 holds a commercial driver's license4 7#b7 ,commercial driver's license ,the term commercial driver's license has the meaning given the term in section #cacja of title #di1 ,united ,states ,code4 7#c7 ,commercial motor vehicle ,the term commercial motor vehicle has the meaning given the term in section #cij4e of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#d7 ,driving time ,the term driving time has the meaning given the term in section #cie4b of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#e7 ,experienced driver ,the term experienced driver means an individual who-- 7,a7 is not younger than #bf years of age2 7,b7 has held a commercial driver's license for the #b-year period ending on the date on which the individual serves as an experienced driver under subsection 7b77#b77;,c77ii72 7,c7 during the #b-year period ending on the date on which the individual serves as an experienced driver under subsection 7b77#b77;,c77ii71 has had no-- 7i7 preventable accidents reportable to the ,department2 or 7ii7 pointed moving violations2 and 7,d7 has a minimum of #e years of experience driving a commercial motor vehicle in interstate commerce4 7#f7 ,on-duty time ,the term on-duty time has the meaning given the term in section #cie4b of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#g7 ,pointed moving violation ,the term pointed moving violation means a violation that results in points being added to the license of a driver1 or a similar comparable violation1 as determined by the ,secretary4 7b7 ,pilot program 7#a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall establish1 in accordance with section #cacae7;c7 of title #di1 ,united ,states ,code1 a pilot program allowing employers to establish the apprenticeship programs described in paragraph 7#b74 7#b7 ,description of apprenticeship program ,an apprenticeship program referred to in paragraph 7#a7 is a program that consists of the following requirements3 7,a7 #abj-;hour probationary period 7i7 ,in general ,the apprentice shall complete #abj hours of on-duty time1 of which not less than #hj hours shall be driving time in a commercial motor vehicle4 7ii7 ,performance benchmarks ,to complete the #abj-;hour probationary period under clause 7i71 the employer of an apprentice shall determine that the apprentice is competent in each of the following areas3 7,i7 ,interstate1 city traffic1 rural #b-lane1 and evening driving4 7,,ii7 ,safety awareness4 7,,iii7 ,speed and space management4 7,,iv7 ,lane control4 7,v7 ,mirror scanning4 7,,vi7 ,right and left turns4 7,,vii7 ,logging and complying with rules relating to hours of service4 7,b7 #bhj-;hour probationary period 7i7 ,in general ,after completing the #abj-;hour probationary period under subparagraph 7,a71 an apprentice shall complete #bhj hours of on-duty time1 of which not less than #afj hours shall be driving time in a commercial motor vehicle4 7ii7 ,performance benchmarks ,to complete the #bhj-;hour probationary period under clause 7i71 the employer of an apprentice shall determine that the apprentice is competent in each of the following areas3 7,i7 ,backing and maneuvering in close quarters4 7,,ii7 ,pretrip inspections4 7,,iii7 ,fueling procedures4 7,,iv7 ,weighing loads1 weight distribution1 and sliding tandems4 7,v7 ,coupling and uncoupling procedures4 7,,vi7 ,trip planning1 truck routes1 map reading1 navigation1 and permits4 7,c7 ,restrictions for probationary periods ,during the #abj-;hour probationary period under subparagraph 7,a7 and the #bhj-;hour probationary period under subparagraph 7,b7-- 7i7 an apprentice may only drive a commercial motor vehicle that has-- 7,i7 an automatic manual or automatic transmission2 7,,ii7 an active braking collision mitigation system2 7,,iii7 a forward-facing video event capture system2 and 7,,iv7 a governed speed of #fe miles per hour-- 7aa7 at the pedal2 and 7bb7 under adaptive cruise control2 and 7ii7 an apprentice shall be accompanied in the passenger seat of the commercial motor vehicle by an experienced driver4 7,d7 ,records retention ,the employer of an apprentice shall maintain records1 in a manner required by the ,secretary1 relating to the satisfaction of the performance benchmarks described in subparagraphs 7,a77ii7 and 7,b77ii7 by the apprentice4 7,e7 ,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 paragraph1 the apprentice shall undergo remediation and additional training until the apprentice can demonstrate1 to the satisfaction of the employer1 competence in each of the performance benchmarks described in subparagraphs 7,a77ii7 and 7,b77ii74 7,f7 ,completion of program ,an apprentice shall be considered to have completed an apprenticeship program on the date on which the apprentice completes the #bhj-;hour probationary period under subparagraph 7,b74 7,g7 ,minimum requirements 7i7 ,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 section4 7ii7 ,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 7,c77i74 7#c7 ,apprentices ,an apprentice may-- 7,a7 drive a commercial motor vehicle in interstate commerce while participating in the #abj-;hour probationary period under paragraph 7#b77;,a7 or the #bhj-;hour probationary period under paragraph 7#b77;,b7 pursuant to an apprenticeship program established by an employer in accordance with this section2 and 7,b7 drive a commercial motor vehicle in interstate commerce after the apprentice completes an apprenticeship program described in paragraph 7#b71 unless the ,secretary determines there exists a safety concern4 7#d7 ,limitation ,the ,secretary may not allow more than #c1jjj apprentices at any #a time to participate in the pilot program established under paragraph 7#a74 7c7 ,termination ,effective beginning on the date that is #c years after the date of establishment of the pilot program under subsection 7b77#a7-- 7#a7 the pilot program shall terminate2 and 7#b7 any driver under the age of #ba who has completed an apprenticeship program described in subsection 7b77#b7 may drive a commercial motor vehicle in interstate commerce1 unless the ,secretary determines there exists a safety concern4 7d7 ,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 vehicle4 7e7 ,data collection ,the ,secretary shall collect and analyze-- 7#a7 data relating to any incident in which an apprentice participating in the pilot program established under subsection 7b77#a7 is involved2 7#b7 data relating to any incident in which a driver under the age of #ba operating a commercial motor vehicle in intrastate commerce is involved2 and 7#c7 such other data relating to the safety of apprentices aged #ah to #bj years operating in interstate commerce as the ,secretary determines to be necessary4 7f7 ,limitation ,a driver under the age of #ba participating in the pilot program under this section may not-- 7#a7 transport-- 7,a7 a passenger2 or 7,b7 hazardous cargo2 or 7#b7 operate a commercial motor vehicle-- 7,a7 in special configuration2 or 7,b7 with a gross vehicle weight rating of more than #hj1jjj pounds4 7g7 ,report to ,congress ,not later than #abj days after the date of conclusion of the pilot program under subsection 7b71 the ,secretary shall submit to ,congress a report including-- 7#a7 the findings and conclusions resulting from the pilot program1 including with respect to technologies or training provided by commercial motor carriers for apprentices as part of the pilot program to successfully improve safety2 7#b7 an analysis of the safety record of apprentices participating in the pilot program1 as compared to other commercial motor vehicle drivers2 7#c7 the number of drivers that discontinued participation in the apprenticeship program before completion2 7#d7 a comparison of the safety records of participating drivers before1 during1 and after the probationary periods under subparagraphs 7,a7 and 7,b7 of subsection 7b77#b72 7#e7 a comparison1 for each participating driver1 of average on-duty time1 driving time1 and time spent away from home terminal before1 during1 and after the probationary periods referred to in paragraph 7#d72 and 7#f7 a recommendation1 based on the data collected1 regarding whether the level of safety achieved by the pilot program is equivalent to1 or greater than1 the level of safety for equivalent commercial motor vehicle drivers aged #ba years or older4 7h7 ,rule of construction ,nothing in this section affects the authority of the ,secretary under section #cacae of title #di1 ,united ,states ,code1 with respect to the pilot program established under subsection 7b77#a71 including the authority to revoke participation in1 and terminate1 the pilot program under paragraphs 7#c7 and 7#d7 of subsection 7c7 of that section4 7i7 ,driver compensation study 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 acting through the ,administrator of the ,federal ,motor ,carrier ,safety ,administration1 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 retention1 including-- 7,a7 hourly pay2 7,b7 payment for detention time2 and 7,c7 other payment methods used in the industry as of the date on which the study is conducted4 7#b7 ,consultation ,in conducting the study under paragraph 7#a71 the ,transportation ,research ,board shall consult with-- 7,a7 labor organizations representing commercial motor vehicle drivers2 7,b7 representatives of the motor carrier industry1 including owner-operators2 and 7,c7 such other stakeholders as the ,transportation ,research ,board determines to be relevant4 #bcjbc4 ,limousine compliance with ,federal safety standards 7a7 ,limousine standards 7#a7 ,safety belt and seating system standards for limousines ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall prescribe a final rule that-- 7,a7 amends ,federal ,motor ,vehicle ,safety ,standard ,numbers #bjh1 #bji1 and #baj to require to be installed in limousines on each designated seating position1 including on side-facing seats-- 7i7 an occupant restraint system consisting of integrated lap-shoulder belts2 or 7ii7 an occupant restraint system consisting of a lap belt1 if an occupant restraint system described in clause 7i7 does not meet the need for motor vehicle safety2 and 7,b7 amends ,federal ,motor ,vehicle ,safety ,standard ,number #bjg to require limousines to meet standards for seats 7including side-facing seats71 seat attachment assemblies1 and seat installation to minimize the possibility of failure by forces acting on the seats1 attachment assemblies1 and installations as a result of motor vehicle impact4 7#b7 ,report on retrofit assessment for limousines ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that assesses the feasibility1 benefits1 and costs with respect to the application of any requirement established under paragraph 7#a7 to a limousine introduced into interstate commerce before the date on which the requirement takes effect4 7b7 ,modifications of certain vehicles ,the final rule prescribed under subsection 7a77#a7 and any standards prescribed under subsection 7b7 or 7c7 of section #bcjae shall apply to a person modifying a passenger motor vehicle 7as defined in section #cbaja of title #di1 ,united ,states ,code7 that has already been purchased by the first purchaser 7as defined in section #cjajb7;b7 of that title7 by increasing the wheelbase of the vehicle to make the vehicle a limousine4 7c7 ,application ,the requirements of this section apply notwithstanding section #cjaab7;b77#a7 of title #di1 ,united ,states ,code4 ,,iv ,highway and motor vehicle safety ,a ,highway traffic safety #bdaja4 ,authorization of appropriations 7a7 ,in general ,the following amounts are authorized to be appropriated out of the ,highway ,trust ,fund 7other than the ,mass ,transit ,account73 7#a7 ,highway safety programs ,to carry out section #djb of title #bc1 ,united ,states ,code-- 7,a7 #cfc1djj1jjj for fiscal year #bjbb2 7,b7 #cgj1ijj1jjj for fiscal year #bjbc2 7,c7 #cgh1djj1jjj for fiscal year #bjbd2 7,d7 #che1ijj1jjj for fiscal year #bjbe2 and 7,e7 #cic1djj1jjj for fiscal year #bjbf4 7#b7 ,highway safety research and development ,to carry out section #djc of title #bc1 ,united ,states ,code-- 7,a7 #ahf1jjj1jjj for fiscal year #bjbb2 7,b7 #aij1jjj1jjj for fiscal year #bjbc2 7,c7 #aid1jjj1jjj for fiscal year #bjbd2 7,d7 #aih1jjj1jjj for fiscal year #bjbe2 and 7,e7 #bjb1jjj1jjj for fiscal year #bjbf4 7#c7 ,high-visibility enforcement program ,to carry out section #djd of title #bc1 ,united ,states ,code-- 7,a7 #cf1djj1jjj for fiscal year #bjbb2 7,b7 #ch1cjj1jjj for fiscal year #bjbc2 7,c7 #dj1cjj1jjj for fiscal year #bjbd2 7,d7 #db1cjj1jjj for fiscal year #bjbe2 and 7,e7 #dd1cjj1jjj for fiscal year #bjbf4 7#d7 ,national priority safety programs ,to carry out section #dje of title #bc1 ,united ,states ,code-- 7,a7 #ccf1ejj1jjj for fiscal year #bjbb2 7,b7 #cdf1ejj1jjj for fiscal year #bjbc2 7,c7 #cec1ejj1jjj for fiscal year #bjbd2 7,d7 #cfj1ejj1jjj for fiscal year #bjbe2 and 7,e7 #cfg1ejj1jjj for fiscal year #bjbf4 7#e7 ,administrative expenses ,for administrative and related operating expenses of the ,national ,highway ,traffic ,safety ,administration in carrying out chapter #d of title #bc1 ,united ,states ,code1 and this title-- 7,a7 #ch1jjj1jjj for fiscal year #bjbb2 7,b7 #ci1ebj1jjj for fiscal year #bjbc2 7,c7 #da1ajj1hjj for fiscal year #bjbd2 7,d7 #db1gdd1hcb for fiscal year #bjbe2 and 7,e7 #dd1ded1fbe for fiscal year #bjbf4 7#f7 ,national driver register ,for the ,national ,highway ,traffic ,safety ,administration to carry out chapter #cjc of title #di1 ,united ,states ,code-- 7,a7 #f1hjj1jjj for fiscal year #bjbb2 7,b7 #g1jjj1jjj for fiscal year #bjbc2 7,c7 #g1bjj1jjj for fiscal year #bjbd2 7,d7 #g1djj1jjj for fiscal year #bjbe2 and 7,e7 #g1fjj1jjj for fiscal year #bjbf4 7b7 ,prohibition on other uses ,except as otherwise provided in chapter #d of title #bc1 and chapter #cjc of title #di1 ,united ,states ,code1 the amounts made available under subsection 7a7 or any other provision of law from the ,highway ,trust ,fund 7other than the ,mass ,transit ,account7 for a program under those chapters-- 7#a7 shall only be used to carry out that program2 and 7#b7 may not be used by a ,state or local government for construction purposes4 7c7 ,applicability of title #bc ,except as otherwise provided in chapter #d of title #bc1 and chapter #cjc of title #di1 ,united ,states ,code1 the amounts made available under subsection 7a7 for fiscal years #bjbb through #bjbf shall be available for obligation in the same manner as if those funds were apportioned under chapter #a of title #bc1 ,united ,states ,code4 7d7 ,highway safety general requirements 7#a7 ,in general ,chapter #d of title #bc1 ,united ,states ,code1 is amended-- 7,a7 by redesignating sections #dji and #dab and sections #djg and #djh1 respectively2 and 7,b7 by inserting after section #dje the following3 #djf4 ,general requirements for ,federal assistance 7a7 ,definition of funded project ,in this section1 the term funded project means a project funded1 in whole or in part1 by a grant provided under section #djb or #dje4 7b7 ,regulatory authority ,each funded project shall be carried out in accordance with applicable regulations promulgated by the ,secretary4 7c7 ,state matching requirements ,if a grant provided under this chapter requires any ,state to share in the cost of a funded project1 the aggregate of the expenditures made by the ,state 7including any political subdivision of the ,state7 for highway safety activities during a fiscal year1 exclusive of ,federal funds1 for carrying out the funded project 7other than expenditures for planning or administration7 shall be credited toward the non-,federal share of the cost of any other funded project 7other than planning and administration7 during that fiscal year1 regardless of whether those expenditures were made in connection with the project4 7d7 ,grant application and deadline 7#a7 ,applications ,to be eligible to receive a grant under this chapter1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,deadline ,the ,secretary shall establish a single deadline for the submission of applications under paragraph 7#a7 to enable the provision of grants under this chapter early in each applicable fiscal year beginning after the date of submission4 7e7 ,distribution of funds to ,states ,not later than #fj 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 year1 the ,secretary shall distribute to each ,state the portion of those funds to which the ,state is entitled for the applicable fiscal year4 4 7#b7 ,clerical amendment ,the analysis for chapter #d of title #bc1 ,united ,states ,code1 is amended by striking the items relating to sections #djf through #dab and inserting the following3 #djf4 ,general requirements for ,federal assistance4 #djg4 ,discovery and admission as evidence of certain reports and surveys4 #djh4 ,agency accountability4 4 #bdajb4 ,highway safety programs 7a7 ,in general ,section #djb of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking accidents each place it appears and inserting crashes2 7#b7 by striking accident each place it appears and inserting crash2 7#c7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking shall have and all that follows through the period at the end and inserting the following3 shall have in effect a highway safety program that-- 7i7 is designed to reduce-- 7,i7 traffic crashes2 and 7,,ii7 deaths1 injuries1 and property damage resulting from those crashes2 7ii7 includes-- 7,i7 an approved1 current1 triennial highway safety plan in accordance with subsection 7k72 and 7,,ii7 an approved grant application under subsection 7l7 for the fiscal year2 7iii7 demonstrates compliance with the applicable administrative requirements of subsection 7b77#a72 and 7iv7 is approved by the ,secretary4 2 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7ii71 by striking occupant protection devices 7including the use of safety belts and child restraint systems7 and inserting safety belts2 7ii7 in clause 7vii71 by striking and at the end2 7iii7 by redesignating clauses 7iii7 through 7viii7 as clauses 7iv7 through 7ix71 respectively2 7iv7 by inserting after clause 7ii7 the following3 7iii7 to encourage more widespread and proper use of child restraints1 with an emphasis on underserved populations2 2 and 7v7 by adding at the end the following3 7x7 to reduce crashes caused by driver misuse or misunderstanding of new vehicle technology2 7xi7 to increase vehicle recall awareness2 7xii7 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 operator2 7xiii7 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 enforcement1 fire service1 emergency medical services1 or other emergency or first responder vehicles are stopped or parked on or next to a roadway with emergency lights activated2 and 7xiv7 to prevent crashes1 injuries1 and deaths caused by unsecured vehicle loads2 2 and 7,c7 by adding at the end the following3 7#c7 ,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 7#b77;,a7-- 7,a7 to educate drivers regarding the risks associated with marijuana-impaired driving2 and 7,b7 to reduce injuries and deaths resulting from individuals driving motor vehicles while impaired by marijuana4 2 7#d7 in subsection 7b77#a7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking may and inserting shall2 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 provide for a comprehensive1 data-driven traffic safety program that results from meaningful public participation and engagement from affected communities1 particularly those most significantly impacted by traffic crashes resulting in injuries and fatalities2 2 7,c7 in subparagraph 7,c71 by striking authorized in accordance with subparagraph 7,b72 7,d7 in subparagraph 7,d71 by striking with disabilities1 including those in wheelchairs and inserting 1 including those with disabilities and those in wheelchairs2 7,e7 by striking subparagraph 7,e7 and inserting the following3 7,e7 as part of a comprehensive program1 support-- 7i7 data-driven traffic safety enforcement programs that foster effective community collaboration to increase public safety2 and 7ii7 data collection and analysis to ensure transparency1 identify disparities in traffic enforcement1 and inform traffic enforcement policies1 procedures1 and activities2 and 2 and 7,f7 in subparagraph 7,f7-- 7i7 in clause 7i71 by striking national law enforcement mobilizations and high-visibility and inserting national1 high-visibility2 7ii7 in clause 7iv71 by striking and after the semicolon at the end2 7iii7 in clause 7v71 by striking the period at the end and inserting 2 and2 and 7iv7 by adding at the end the following3 7vi7 unless the ,state highway safety program is developed by ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 or the ,united ,states ,virgin ,islands1 participation in the ,fatality ,analysis ,reporting ,system4 2 7#e7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 by striking the paragraph designation and heading and all that follows through ,funds authorized and inserting the following3 7#a7 ,use for ,state activities 7,a7 ,in general ,the funds authorized 2 and 7ii7 by adding at the end the following3 7,b7 ,neighboring ,states ,a ,state1 acting in cooperation with any neighboring ,state1 may use funds provided under this section for a highway safety program that may confer a benefit on the neighboring ,state4 2 7,b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,apportionment to ,states 7,a7 ,definition of public road ,in this paragraph1 the term public road means any road that is-- 7i7 subject to the jurisdiction of1 and maintained by1 a public authority2 and 7ii7 held open to public travel4 7,b7 ,apportionment 7i7 ,in general ,except for the amounts identified in section #djc7;f7 and the amounts subject to subparagraph 7,c71 of the funds made available under this section-- 7,i7 #ge percent shall be apportioned to each ,state based on the ratio that1 as determined by the most recent decennial census-- 7aa7 the population of the ,state2 bears to 7bb7 the total population of all ,states2 and 7,,ii7 #be percent shall be apportioned to each ,state based on the ratio that1 subject to clause 7ii7-- 7aa7 the public road mileage in each ,state2 bears to 7bb7 the total public road mileage in all ,states4 7ii7 ,calculation ,for purposes of clause 7i77,,ii71 public road mileage shall be-- 7,i7 determined as of the end of the calendar year preceding the year during which the funds are apportioned2 7,,ii7 certified by the ,governor of the ,state2 and 7,,iii7 subject to approval by the ,secretary4 7,c7 ,minimum apportionments ,the annual apportionment under this section to-- 7i7 each ,state shall be not less than #c_/d of #a percent of the total apportionment2 7ii7 the ,secretary of the ,interior shall be not less than #b percent of the total apportionment2 and 7iii7 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands shall be not less than #a_/d of #a percent of the total apportionment4 7,d7 ,penalty 7i7 ,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 7a77#a7 shall be reduced by an amount equal to not less than #bj percent of the amount that would otherwise be apportioned to the ,state under this section1 until the date on which the ,secretary1 as applicable-- 7,i7 approves such a highway safety program2 or 7,,ii7 determines that the ,state is implementing such a program4 7ii7 ,factor for consideration ,in determining the amount of the reduction in funds apportioned to a ,state under this subparagraph1 the ,secretary shall take into consideration the gravity of the failure by the ,state to secure approval1 or to implement1 a highway safety program described in subsection 7a77#a74 7,e7 ,limitations 7i7 ,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 law1 rule1 or regulation based on a guideline promulgated by the ,secretary under this section requiring any motorcycle operator aged #ah years or older1 or a motorcycle passenger aged #ah years or older1 to wear a safety helmet when operating or riding a motorcycle on the streets and highways of that ,state4 7ii7 ,effect of guidelines ,nothing in this section requires a ,state highway safety program to require compliance with every uniform guideline1 or with every element of every uniform guideline1 in every ,state4 7#c7 ,reapportionment 7,a7 ,in general ,the ,secretary shall promptly apportion to a ,state any funds withheld from the ,state under paragraph 7#b77;,d7 if the ,secretary makes an approval or determination1 as applicable1 described in that paragraph by not later than ,july #ca of the fiscal year for which the funds were withheld4 7,b7 ,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 7a77#a7 by the date described in subparagraph 7,a71 the ,secretary shall reapportion the funds withheld from that ,state under paragraph 7#b77;,d7 for the fiscal year to the other ,states in accordance with the formula described in paragraph 7#b77;,b7 by not later than the last day of the fiscal year4 2 and 7,c7 in paragraph 7#d7-- 7i7 by striking subparagraph 7,c72 7ii7 by redesignating subparagraphs 7,a7 and 7,b7 as subparagraphs 7,b7 and 7,a71 respectively1 and moving the subparagraphs so as to appear in alphabetical order2 and 7iii7 by adding at the end the following3 7,c7 ,special rule for school and work zones ,notwithstanding subparagraph 7,b71 a ,state may expend funds apportioned to the ,state under this section to carry out a program to purchase1 operate1 or maintain an automated traffic enforcement system in a work zone or school zone4 7,d7 ,automated traffic enforcement system guidelines ,an automated traffic enforcement system installed pursuant to subparagraph 7,c7 shall comply with such guidelines applicable to speed enforcement camera systems and red light camera systems as are established by the ,secretary4 2 7#f7 in subsection 7k7-- 7,a7 by striking the subsection designation and heading and all that follows through thereafter in paragraph 7#a7 and inserting the following3 7k7 ,triennial highway safety plan 7#a7 ,in general ,for fiscal year #bjbd1 and not less frequently than once every #c fiscal years thereafter 2 7,b7 in paragraph 7#a71 by striking for that fiscal year1 to develop and submit to the ,secretary for approval a highway safety plan and inserting for the #c fiscal years covered by the plan1 to develop and submit to the ,secretary for approval a triennial highway safety plan2 7,c7 by striking paragraph 7#b7 and inserting the following3 7#b7 ,timing ,each ,state shall submit to the ,secretary a triennial highway safety plan by not later than ,july #a of the fiscal year preceding the first fiscal year covered by the plan4 2 7,d7 in paragraph 7#c71 by inserting triennial before highway2 7,e7 in paragraph 7#d7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,state highway safety plans and inserting ,each ,state triennial highway safety plan2 and 7,,ii7 by inserting 1 with respect to the #c fiscal years covered by the plan1 based on the information available on the date of submission under paragraph 7#b7 after include2 7ii7 in subparagraph 7,a77ii71 by striking annual performance targets and inserting performance targets that demonstrate constant or improved performance2 7iii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 a countermeasure strategy for programming funds under this section for projects that will allow the ,state to meet the performance targets described in subparagraph 7,a71 including a description-- 7i7 that demonstrates the link between the effectiveness of each proposed countermeasure strategy and those performance targets2 and 7ii7 of the manner in which each countermeasure strategy is informed by uniform guidelines issued by the ,secretary2 2 7iv7 in subparagraph 7,d7-- 7,i7 by striking 1 ,state1 local1 or private2 and 7,,ii7 by inserting and after the semicolon at the end2 7v7 in subparagraph 7,e7-- 7,i7 by striking for the fiscal year preceding the fiscal year to which the plan applies12 and 7,,ii7 by striking performance targets set forth in the previous year's highway safety plan2 and and inserting performance targets set forth in the most recently submitted highway safety plan42 and 7vi7 by striking subparagraph 7,f72 7,f7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,performance measures ,the ,secretary shall develop minimum performance measures under paragraph 7#d77;,a7 in consultation with the ,governors ,highway ,safety ,association4 2 and 7,g7 in paragraph 7#f7-- 7i7 in the paragraph heading1 by inserting triennial before highway2 7ii7 by redesignating subparagraphs 7,b7 through 7,e7 as subparagraphs 7,c7 through 7,f71 respectively2 7iii7 in each of subparagraphs 7,c7 through 7,f7 7as so redesignated71 by inserting triennial before highway each place it appears2 and 7iv7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall review and approve or disapprove a triennial highway safety plan of a ,state by not later than #fj days after the date on which the plan is received by the ,secretary4 7,b7 ,additional information 7i7 ,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 ,state4 7ii7 ,extension of deadline ,on providing to a ,state a request for additional information under clause 7i71 the ,secretary may extend the deadline to approve or disapprove the triennial highway safety plan of the ,state under subparagraph 7,a7 for not more than an additional #ij days1 as the ,secretary determines to be necessary to accommodate that request1 subject to clause 7iii74 7iii7 ,timing ,any additional information requested under clause 7i7 shall be submitted to the ,secretary by not later than #g business days after the date of receipt by the ,state of the request4 2 7#g7 by inserting after subsection 7k7 the following3 7l7 ,annual grant application and reporting requirements 7#a7 ,annual grant application 7,a7 ,in general ,to be eligible to receive grant funds under this chapter for a fiscal year1 each ,state shall submit to the ,secretary an annual grant application that1 as determined by the ,secretary-- 7i7 demonstrates alignment with the approved triennial highway safety plan of the ,state2 and 7ii7 complies with the requirements under this subsection4 7,b7 ,timing ,the deadline for submission of annual grant applications under this paragraph shall be determined by the ,secretary in accordance with section #djf7;d77#b74 7,c7 ,contents ,an annual grant application under this paragraph shall include1 at a minimum-- 7i7 such updates1 as necessary1 to any analysis included in the triennial highway safety plan of the ,state2 7ii7 an identification of each project and subrecipient to be funded by the ,state using the grants during the upcoming grant year1 subject to the condition that the ,state shall separately submit1 on a date other than the date of submission of the annual grant application1 a description of any projects or subrecipients to be funded1 as that information becomes available2 7iii7 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 7#b72 and 7iv7 an application for any additional grants available to the ,state under this chapter4 7,d7 ,review ,the ,secretary shall review and approve or disapprove an annual grant application under this paragraph by not later than #fj days after the date of submission of the application4 7#b7 ,reporting requirements ,not later than #abj days after the end of each fiscal year for which a grant is provided to a ,state under this chapter1 the ,state shall submit to the ,secretary an annual report that includes-- 7,a7 an assessment of the progress made by the ,state in achieving the performance targets identified in the triennial highway safety plan of the ,state1 based on the most currently available ,fatality ,analysis ,reporting ,system data2 and 7,b7 7i7 a description of the extent to which progress made in achieving those performance targets is aligned with the triennial highway safety plan of the ,state2 and 7ii7 if applicable1 any plans of the ,state to adjust a strategy for programming funds to achieve the performance targets4 2 7#h7 in subsection 7m77#a71 by striking a ,state's highway safety plan and inserting the applicable triennial highway safety plan of the ,state2 and 7#i7 by striking subsection 7n7 and inserting the following3 7n7 ,public transparency 7#a7 ,in general ,the ,secretary shall publicly release on a ,department of ,transportation website1 by not later than #de calendar days after the applicable date of availability-- 7,a7 each triennial highway safety plan approved by the ,secretary under subsection 7k72 7,b7 each ,state performance target under subsection 7k72 and 7,c7 an evaluation of ,state achievement of applicable performance targets under subsection 7k74 7#b7 ,state highway safety plan website 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,secretary shall establish a public website that is easily accessible1 navigable1 and searchable for the information required under that paragraph1 in order to foster greater transparency in approved ,state highway safety programs4 7,b7 ,contents ,the website established under subparagraph 7,a7 shall-- 7i7 include the applicable triennial highway safety plan1 and the annual report1 of each ,state submitted to1 and approved by1 the ,secretary under subsection 7k72 and 7ii7 provide a means for the public to search the website for ,state highway safety program content required under subsection 7k71 including-- 7,i7 performance measures required by the ,secretary2 7,,ii7 progress made toward meeting the applicable performance targets during the preceding program year2 7,,iii7 program areas and expenditures2 and 7,,iv7 a description of any sources of funds1 other than funds provided under this section1 that the ,state proposes to use to carry out the triennial highway safety plan of the ,state4 4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect with respect to any grant application or ,state highway safety plan submitted under chapter #d of title #bc1 ,united ,states ,code1 for fiscal year #bjbd or thereafter4 #bdajc4 ,highway safety research and development ,section #djc of title #bc1 ,united ,states ,code1 is amended-- 7#a7 by striking accident each place it appears and inserting crash2 7#b7 in subsection 7b77#a71 in the matter preceding subparagraph 7,a71 by inserting 1 training1 education1 after demonstration projects2 7#c7 in subsection 7f77#a7-- 7,a7 by striking #b1ejj1jjj and inserting #c1ejj1jjj2 and 7,b7 by striking subsection #djb7;c7 in each fiscal year ending before ,october #a1 #bjae1 and #ddc1ihi of the total amount available for apportionment to the ,states for highway safety programs under section #djb7;c7 in the period beginning on ,october #a1 #bjae1 and ending on ,december #d1 #bjae1 and inserting section #djb7;c7 in each fiscal year2 7#d7 in subsection 7h7-- 7,a7 in paragraph 7#b71 by striking #bjag through #bjba not more than #bf1efj1jjj' to conduct the research described in paragraph 7#a7 and inserting #bjbb through #bjbe1 not more than #de1jjj1jjj to conduct the research described in paragraph 7#b72 7,b7 in paragraph 7#e77;,a71 by striking section #cjajb7;a77#f7 and inserting section #cjajb7;a72 and 7,c7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e7 as paragraphs 7#b71 7#c71 7#d71 7#e71 and 7#a71 respectively1 and moving the paragraphs so as to appear in numerical order2 and 7#e7 by adding at the end the following3 7k7 ,child safety campaign 7#a7 ,in general ,the ,secretary shall carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles 7as defined in section #cjajb7;a7 of title #di74 7#b7 ,advertising ,the ,secretary may use1 or authorize the use of1 funds made available to carry out this section to pay for the development1 production1 and use of broadcast and print media advertising and ,internet-based outreach for the education campaign under paragraph 7#a74 7#c7 ,coordination ,in carrying out the education campaign under paragraph 7#a71 the ,secretary shall coordinate with-- 7,a7 interested ,state and local governments2 7,b7 private industry2 and 7,c7 other parties1 as determined by the ,secretary4 7l7 ,development of ,state processes for informing consumers of recalls 7#a7 ,definitions ,in this subsection3 7,a7 ,motor vehicle ,the term motor vehicle has the meaning given the term in section #cjajb7;a7 of title #di4 7,b7 ,open recall ,the term open recall means a motor vehicle recall-- 7i7 for which a notification by a manufacturer has been provided under section #cjaai of title #di2 and 7ii7 that has not been remedied under section #cjabj of that title4 7,c7 ,program ,the term program means the program established under paragraph 7#b77;,a74 7,d7 ,registration ,the term registration means the process for registering a motor vehicle in a ,state 7including registration renewal74 7,e7 ,state ,the term ,state has the meaning given the term in section #aja7;a74 7#b7 ,grants 7,a7 ,establishment of program ,not later than #b years after the date of enactment of this subsection1 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 ,state1 in accordance with this paragraph4 7,b7 ,eligibility ,to be eligible to receive a grant under the program1 a ,state shall-- 7i7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require2 and 7ii7 agree-- 7,i7 to notify each owner or lessee of a motor vehicle presented for registration in the ,state of any open recall on that motor vehicle2 and 7,,ii7 to provide to each owner or lessee of a motor vehicle presented for registration1 at no cost-- 7aa7 the open recall information for the motor vehicle2 and 7bb7 such other information as the ,secretary may require4 7,c7 ,factors for consideration ,in selecting grant recipients under the program1 the ,secretary shall take into consideration the methodology of a ,state for-- 7i7 identifying open recalls on a motor vehicle2 7ii7 informing each owner and lessee of a motor vehicle of an open recall2 and 7iii7 measuring performance in-- 7,i7 informing owners and lessees of open recalls2 and 7,,ii7 remedying open recalls4 7,d7 ,performance period ,a grant provided under the program shall require a performance period of #b years4 7,e7 ,report ,not later than #ij days after the date of completion of the performance period under subparagraph 7,d71 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 ,state4 7,f7 ,no regulations required ,notwithstanding any other provision of law1 the ,secretary shall not be required to issue any regulations to carry out the program4 7#c7 ,paperwork ,reduction ,act ,chapter #ce of title #dd 7commonly known as the ,paperwork ,reduction ,act7 shall not apply to information collected under the program4 7#d7 ,funding 7,a7 ,in general ,for each of fiscal years #bjbb through #bjbf1 the ,secretary shall obligate from funds made available to carry out this section #a1ejj1jjj to carry out the program4 7,b7 ,reallocation ,to ensure1 to the maximum extent practicable1 that all amounts described in subparagraph 7,a7 are obligated each fiscal year1 the ,secretary1 before the last day of any fiscal year1 may reallocate any of those amounts remaining available to increase the amounts made available to carry out any other activities authorized under this section4 7m7 ,innovative highway safety countermeasures 7#a7 ,in general ,in conducting research under this section1 the ,secretary shall evaluate the effectiveness of innovative behavioral traffic safety countermeasures1 other than traffic enforcement1 that are considered promising or likely to be effective for the purpose of enriching revisions to the document entitled ,countermeasures ,that ,work3 ,a ,highway ,safety ,countermeasure ,guide for ,state ,highway ,safety ,offices1 ,ninth ,edition and numbered ,,dot ,,hs #hab #dgh 7or any successor document74 7#b7 ,treatment ,the research described in paragraph 7#a7 shall be in addition to any other research carried out under this section4 4 #bdajd4 ,high-visibility enforcement programs ,section #djd7;a7 of title #bc1 ,united ,states ,code1 is amended by striking each of fiscal years #bjaf through #bjbj and inserting each of fiscal years #bjbb through #bjbf4 #bdaje4 ,national priority safety programs 7a7 ,in general ,section #dje of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraphs 7#f7 and 7#i72 7,b7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 7,c7 by striking the subsection designation and heading and all that follows through the following3 in the matter preceding paragraph 7#b7 7as so redesignated7 and inserting the following3 7a7 ,program authority 7#a7 ,in general ,subject to the requirements of this section1 the ,secretary shall-- 7,a7 manage programs to address national priorities for reducing highway deaths and injuries2 and 7,b7 allocate funds for the purpose described in subparagraph 7,a7 in accordance with this subsection4 2 7,d7 in paragraph 7#d7 7as so redesignated71 by striking #eb4e percent and inserting #ec percent2 7,e7 in paragraph 7#g7-- 7i7 by striking #e percent and inserting #g percent2 and 7ii7 by striking subsection 7h7 and inserting subsection 7g72 7,f7 by redesignating paragraphs 7#h7 and 7#aj7 as paragraphs 7#aj7 and 7#aa71 respectively2 7,g7 by inserting after paragraph 7#g7 the following3 7#h7 ,preventing roadside deaths ,in each fiscal year1 #a percent of the funds provided under this section shall be allocated among ,states that meet requirements with respect to preventing roadside deaths under subsection 7h74 7#i7 ,driver officer safety education ,in each fiscal year1 #a4e 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 7i74 2 and 7,h7 in paragraph 7#aj7 7as so redesignated7-- 7i7 by striking 7#a7 through 7#g7 and inserting 7#b7 through 7#i72 and 7ii7 by striking 7b7 through 7h7 and inserting 7b7 through 7i72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking of ,transportation2 7,b7 in paragraph 7#c77;,b77ii77,,vi77aa71 by striking #c-year and inserting #e-year2 and 7,c7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking clause 7v7 and inserting the following3 7v7 implement programs-- 7,i7 to recruit and train nationally certified child passenger safety technicians among police officers1 fire and other first responders1 emergency medical personnel1 and other individuals or organizations serving low-income and underserved populations2 7,,ii7 to educate parents and caregivers in low-income and underserved populations regarding the importance of proper use and correct installation of child restraints on every trip in a motor vehicle2 and 7,,iii7 to purchase and distribute child restraints to low-income and underserved populations2 and 2 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,requirements ,each ,state that is eligible to receive funds-- 7i7 under paragraph 7#c77;,a7 shall use-- 7,i7 not more than #ij percent of those funds to carry out a project or activity eligible for funding under section #djb2 and 7,,ii7 not less than #aj percent of those funds to carry out subparagraph 7,a77v72 and 7ii7 under paragraph 7#c77;,b7 shall use not less than #aj percent of those funds to carry out the activities described in subparagraph 7,a77v74 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking of ,transportation2 and 7ii7 in subparagraph 7,d71 by striking ,states2 and and inserting ,states1 including the ,national ,,ems ,information ,system22 7,b7 in paragraph 7#c7-- 7i7 by striking the paragraph designation and heading and all that follows through has a functioning in subparagraph 7,a7 and inserting the following3 7#c7 ,eligibility ,a ,state shall not be eligible to receive a grant under this subsection for a fiscal year unless the ,state-- 7,a7 has certified to the ,secretary that the ,state-- 7i7 has a functioning 2 7ii7 in subparagraph 7,b7-- 7,i7 by adding and after the semicolon at the end2 and 7,,ii7 by redesignating the subparagraph as clause 7ii7 of subparagraph 7,a7 and indenting the clause appropriately2 7iii7 in subparagraph 7,c7-- 7,i7 by adding and after the semicolon at the end2 and 7,,ii7 by redesignating the subparagraph as clause 7iii7 of subparagraph 7,a7 and indenting the clause appropriately2 7iv7 by redesignating subparagraph 7,d7 as subparagraph 7,b72 7v7 in clause 7vi7 of subparagraph 7,b7 7as so redesignated71 by striking 2 and and inserting a period2 and 7vi7 by striking subparagraph 7,e72 7,c7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,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 quantifiable1 measurable progress in any significant data program attribute described in paragraph 7#c77;,b71 including through-- 7,a7 software or applications to identify1 collect1 and report data to ,state and local government agencies1 and enter data into ,state core highway safety databases1 including crash1 citation or adjudication1 driver1 emergency medical services or injury surveillance system1 roadway1 and vehicle data2 7,b7 purchasing equipment to improve a process by which data are identified1 collated1 and reported to ,state and local government agencies1 including technology for use by law enforcement for near-real time1 electronic reporting of crash data2 7,c7 improving the compatibility and interoperability of the core highway safety databases of the ,state with national data systems and data systems of other ,states1 including the ,national ,,ems ,information ,system2 7,d7 enhancing the ability of a ,state and the ,secretary to observe and analyze local1 ,state1 and national trends in crash occurrences1 rates1 outcomes1 and circumstances2 7,e7 supporting traffic records improvement training and expenditures for law enforcement1 emergency medical1 judicial1 prosecutorial1 and traffic records professionals2 7,f7 hiring traffic records professionals for the purpose of improving traffic information systems 7including a ,state ,fatal ,accident ,reporting ,system 7,,fars7 liaison72 7,g7 adoption of the ,model ,minimum ,uniform ,crash ,criteria1 or providing to the public information regarding why any of those criteria will not be used1 if applicable2 7,h7 supporting reporting criteria relating to emerging topics1 including-- 7i7 impaired driving as a result of drug1 alcohol1 or polysubstance consumption2 and 7ii7 advanced technologies present on motor vehicles2 and 7,i7 conducting research relating to ,state traffic safety information systems1 including developing programs to improve core highway safety databases and processes by which data are identified1 collected1 reported to ,state and local government agencies1 and entered into ,state core safety databases4 2 and 7,d7 by adding at the end the following3 7#f7 ,technical assistance 7,a7 ,in general ,the ,secretary shall provide technical assistance to ,states1 regardless of whether a ,state receives a grant under this subsection1 with respect to improving the timeliness1 accuracy1 completeness1 uniformity1 integration1 and public accessibility of ,state safety data that are needed to identify priorities for ,federal1 ,state1 and local highway and traffic safety programs1 including on adoption by a ,state of the ,model ,minimum ,uniform ,crash ,criteria4 7,b7 ,funds ,the ,secretary may use not more than #c percent of the amounts available under this subsection to carry out subparagraph 7,a74 2 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,b7-- 7,i7 by striking clause 7iii7 and inserting the following3 7iii7 court support of impaired driving prevention efforts1 including-- 7,i7 hiring criminal justice professionals1 including law enforcement officers1 prosecutors1 traffic safety resource prosecutors1 judges1 judicial outreach liaisons1 and probation officers2 7,,ii7 training and education of those professionals to assist the professionals in preventing impaired driving and handling impaired driving cases1 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 training2 and 7,,iii7 establishing driving while intoxicated courts2 2 7,,ii7 by striking clause 7v7 and inserting the following3 7v7 improving blood alcohol and drug concentration screening and testing1 detection of potentially impairing drugs 7including through the use of oral fluid as a specimen71 and reporting relating to testing and detection2 2 7,,iii7 in clause 7vi71 by striking conducting standardized field sobriety training1 advanced roadside impaired driving evaluation training1 and and inserting conducting initial and continuing standardized field sobriety training1 advanced roadside impaired driving evaluation training1 law enforcement phlebotomy training1 and2 7,,iv7 in clause 7ix71 by striking and at the end2 7,v7 in clause 7x71 by striking the period at the end and inserting 2 and2 and 7,,vi7 by adding at the end the following3 7xi7 testing and implementing programs1 and purchasing technologies1 to better identify1 monitor1 or treat impaired drivers1 including-- 7,i7 oral fluid-screening technologies2 7,,ii7 electronic warrant programs2 7,,iii7 equipment to increase the scope1 quantity1 quality1 and timeliness of forensic toxicology chemical testing2 7,,iv7 case management software to support the management of impaired driving offenders2 and 7,v7 technology to monitor impaired-driving offenders1 and equipment and related expenditures used in connection with impaired-driving enforcement in accordance with criteria established by the ,national ,highway ,traffic ,safety ,administration4 2 and 7ii7 in subparagraph 7,c7-- 7,i7 in the second sentence1 by striking ,medium-range and inserting the following3 7ii7 ,medium-range and high-range ,states ,subject to clause 7iii71 medium-range 2 7,,ii7 in the first sentence1 by striking ,low-range and inserting the following3 7i7 ,low-range ,states ,subject to clause 7iii71 low-range 2 and 7,,iii7 by adding at the end the following3 7iii7 ,reporting and impaired driving measures ,a ,state may use grant funds for any expenditure relating to-- 7,i7 increasing the timely and accurate reporting to ,federal1 ,state1 and local databases of-- 7aa7 crash information1 including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information2 and 7bb7 impaired driving criminal justice information2 or 7,,ii7 researching or evaluating impaired driving countermeasures4 2 7,b7 in paragraph 7#f7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,grants to ,states with alcohol-ignition interlock laws ,the ,secretary shall make a separate grant under this subsection to each ,state that-- 7i7 adopts1 and is enforcing1 a mandatory alcohol-ignition interlock law for all individuals convicted of driving under the influence of alcohol or of driving while intoxicated2 7ii7 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 registered1 owned1 or leased for operation by the individual an ignition interlock for a period of not less than #ahj days2 or 7iii7 has in effect1 and is enforcing-- 7,i7 a ,state law requiring for any individual who is convicted of1 or the driving privilege of whom is revoked or denied for1 refusing to submit to a chemical or other appropriate test for the purpose of determining the presence or concentration of any intoxicating substance1 a ,state law requiring a period of not less than #ahj days of ignition interlock installation on each motor vehicle to be operated by the individual2 and 7,,ii7 a compliance-based removal program1 under which an individual convicted of driving under the influence of alcohol or of driving while intoxicated shall-- 7aa7 satisfy a period of not less than #ahj days of ignition interlock installation on each motor vehicle to be operated by the individual2 and 7bb7 have completed a minimum consecutive period of not less than #dj percent of the required period of ignition interlock installation immediately preceding the date of release of the individual1 without a confirmed violation4 2 and 7ii7 in subparagraph 7,d71 by striking #bjji and inserting #bjbb2 and 7,c7 in paragraph 7#g77;,a71 in the matter preceding clause 7i71 by inserting or local after authorizes a ,state2 7#e7 in subsection 7e7-- 7,a7 by striking paragraphs 7#f7 and 7#h72 7,b7 by redesignating paragraphs 7#a71 7#b71 7#c71 7#d71 7#e71 7#g71 and 7#i7 as paragraphs 7#b71 7#d71 7#f71 7#g71 7#h71 7#i71 and 7#a71 respectively1 and moving the paragraphs so as to appear in numerical order2 7,c7 in paragraph 7#a7 7as so redesignated7-- 7i7 in the matter preceding subparagraph 7,a71 by striking 1 the following definitions apply2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,personal wireless communications device 7i7 ,in general ,the term personal wireless communications device means-- 7,i7 a device through which personal wireless services 7as defined in section #ccb7;c77#g77;,c7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ccb7;c77#g77;,c777 are transmitted2 and 7,,ii7 a mobile telephone or other portable electronic communication device with which a user engages in a call or writes1 sends1 or reads a text message using at least #a hand4 7ii7 ,exclusion ,the term personal wireless communications device does not include a global navigation satellite system receiver used for positioning1 emergency notification1 or navigation purposes4 2 and 7iii7 by striking subparagraph 7,e7 and inserting the following3 7,e7 ,text ,the term text means-- 7i7 to read from1 or manually to enter data into1 a personal wireless communications device1 including for the purpose of ,,sms texting1 emailing1 instant messaging1 or any other form of electronic data retrieval or electronic data communication2 and 7ii7 manually to enter1 send1 or retrieve a text message to communicate with another individual or device4 7,f7 ,text message 7i7 ,in general ,the term text message means-- 7,i7 a text-based message2 7,,ii7 an instant message2 7,,iii7 an electronic message2 and 7,,iv7 email4 7ii7 ,exclusions ,the term text message does not include-- 7,i7 an emergency1 traffic1 or weather alert2 or 7,,ii7 a message relating to the operation or navigation of a motor vehicle4 2 7,d7 by striking paragraph 7#b7 7as so redesignated7 and inserting the following3 7#b7 ,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 ,state4 7#c7 ,allocation 7,a7 ,in general ,for each fiscal year1 not less than #ej percent of the amounts made available to carry out this subsection shall be allocated to ,states1 based on the proportion that-- 7i7 the apportionment of the ,state under section #djb for fiscal year #bjji2 bears to 7ii7 the apportionment of all ,states under section #djb for that fiscal year4 7,b7 ,grants for ,states with distracted driving laws 7i7 ,in general ,in addition to the allocations under subparagraph 7,a71 for each fiscal year1 not more than #ej 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 7#d71 7#e71 or 7#f7-- 7,i7 based on the proportion that-- 7aa7 the apportionment of the ,state under section #djb for fiscal year #bjji2 bears to 7bb7 the apportionment of all ,states under section #djb for that fiscal year2 and 7,,ii7 subject to clauses 7ii71 7iii71 and 7iv71 as applicable4 7ii7 ,primary laws ,subject to clause 7iv71 in the case of a ,state that enacts and enforces a law that meets the requirements of paragraph 7#d71 7#e71 or 7#f7 as a primary offense1 the allocation to the ,state under this subparagraph shall be #ajj percent of the amount calculated to be allocated to the ,state under clause 7i77,i74 7iii7 ,secondary laws ,subject to clause 7iv71 in the case of a ,state that enacts and enforces a law that meets the requirements of paragraph 7#d71 7#e71 or 7#f7 as a secondary enforcement action1 the allocation to the ,state under this subparagraph shall be an amount equal to #ej percent of the amount calculated to be allocated to the ,state under clause 7i77,i74 7iv7 ,texting while driving ,notwithstanding clauses 7ii7 and 7iii71 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 7except for purposes of navigation7 shall be #be percent of the amount calculated to be allocated to the ,state under clause 7i77,i74 2 7,e7 in paragraph 7#d7 7as so redesignated7-- 7i7 in the matter preceding subparagraph 7,a71 by striking set forth in this and inserting of this2 7ii7 by striking subparagraph 7,b72 7iii7 by redesignating subparagraphs 7,c7 and 7,d7 as subparagraphs 7,b7 and 7,c71 respectively2 7iv7 in subparagraph 7,b7 7as so redesignated71 by striking minimum2 and 7v7 in subparagraph 7,c7 7as so redesignated71 by striking text through a personal wireless communication device and inserting use a personal wireless communications device for texting2 7,f7 by inserting after paragraph 7#d7 7as so redesignated7 the following3 7#e7 ,prohibition on handheld phone use while driving ,a ,state law meets the requirements of this paragraph if the law-- 7,a7 prohibits a driver from holding a personal wireless communications device while driving2 7,b7 establishes a fine for a violation of that law2 and 7,c7 does not provide for an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic4 2 7,g7 in paragraph 7#f7 7as so redesignated7-- 7i7 in the matter preceding subparagraph 7,a71 by striking set forth in this and inserting of this2 7ii7 in subparagraph 7,a77ii71 by striking set forth in subsection 7g77#b77;,b72 7iii7 by striking subparagraphs 7,b7 and 7,d72 7iv7 by redesignating subparagraph 7,c7 as subparagraph 7,b72 7v7 in subparagraph 7,b7 7as so redesignated71 by striking minimum2 and 7vi7 by adding at the end the following3 7,c7 does not provide for-- 7i7 an exemption that specifically allows a driver to use a personal wireless communications device for texting while stopped in traffic2 or 7ii7 an exemption described in paragraph 7#g77;,e74 2 and 7,h7 in paragraph 7#g7 7as so redesignated7-- 7i7 in the matter preceding subparagraph 7,a71 by striking set forth in paragraph 7#b7 or 7#c7 and inserting of paragraph 7#d71 7#e71 or 7#f72 7ii7 by striking subparagraph 7,a7 and inserting the following3 7,a7 a driver who uses a personal wireless communications device during an emergency to contact emergency services to prevent injury to persons or property2 2 7iii7 in subparagraph 7,c71 by striking and at the end2 7iv7 by redesignating subparagraph 7,d7 as subparagraph 7,f72 and 7v7 by inserting after subparagraph 7,c7 the following3 7,d7 a driver who uses a personal wireless communications device for navigation2 7,e7 except for a law described in paragraph 7#f71 the use of a personal wireless communications device-- 7i7 in a hands-free manner2 7ii7 with a hands-free accessory2 or 7iii7 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 driver2 and 2 7#f7 in subsection 7f77#c7-- 7,a7 in subparagraph 7,a77i71 by striking accident and inserting crash2 7,b7 by redesignating subparagraphs 7,c7 through 7,f7 as subparagraphs 7,d7 through 7,g71 respectively2 7,c7 by inserting after subparagraph 7,b7 the following3 7,c7 ,helmet law ,a ,state law requiring the use of a helmet for each motorcycle rider under the age of #ah4 2 and 7,d7 in subparagraph 7,f7 7as so redesignated71 in the subparagraph heading1 by striking accidents and inserting crashes2 7#g7 by striking subsection 7g72 7#h7 by redesignating subsection 7h7 as subsection 7g72 7#i7 in subsection 7g7 7as so redesignated7-- 7,a7 by redesignating paragraphs 7#a7 through 7#e7 as paragraphs 7#b7 through 7#f71 respectively2 7,b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,definition of nonmotorized road user ,in this subsection1 the term nonmotorized road user means-- 7,a7 a pedestrian2 7,b7 an individual using a nonmotorized mode of transportation1 including a bicycle1 a scooter1 or a personal conveyance2 and 7,c7 an individual using a low-speed or low-horsepower motorized vehicle1 including an electric bicycle1 electric scooter1 personal mobility assistance device1 personal transporter1 or all-terrain vehicle4 2 7,c7 in paragraph 7#b7 7as so redesignated71 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 trafficway2 7,d7 in paragraph 7#d7 7as so redesignated71 by striking pedestrian and bicycle and inserting nonmotorized road user2 and 7,e7 by striking paragraph 7#e7 7as so redesignated7 and inserting the following3 7#e7 ,use of grant amounts ,grant funds received by a ,state under this subsection may be used for the safety of nonmotorized road users1 including-- 7,a7 training of law enforcement officials relating to nonmotorized road user safety1 ,state laws applicable to nonmotorized road user safety1 and infrastructure designed to improve nonmotorized road user safety2 7,b7 carrying out a program to support enforcement mobilizations and campaigns designed to enforce ,state traffic laws applicable to nonmotorized road user safety2 7,c7 public education and awareness programs designed to inform motorists and nonmotorized road users regarding-- 7i7 nonmotorized road user safety1 including information relating to nonmotorized mobility and the importance of speed management to the safety of nonmotorized road users2 7ii7 the value of the use of nonmotorized road user safety equipment1 including lighting1 conspicuity equipment1 mirrors1 helmets1 and other protective equipment1 and compliance with any ,state or local laws requiring the use of that equipment2 7iii7 ,state traffic laws applicable to nonmotorized road user safety1 including the responsibilities of motorists with respect to nonmotorized road users2 and 7iv7 infrastructure designed to improve nonmotorized road user safety2 and 7,d7 the collection of data1 and the establishment and maintenance of data systems1 relating to nonmotorized road user traffic fatalities4 2 and 7#aj7 by adding at the end the following3 7h7 ,preventing roadside deaths 7#a7 ,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 roadside4 7#b7 ,federal share ,the ,federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed #hj percent4 7#c7 ,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 7#d74 7#d7 ,use of funds ,amounts received by a ,state under this subsection shall be used by the ,state-- 7,a7 to purchase and deploy digital alert technology that-- 7i7 is capable of receiving alerts regarding nearby first responders2 and 7ii7 in the case of a motor vehicle that is used for emergency response activities1 is capable of sending alerts to civilian drivers to protect first responders on the scene and en route2 7,b7 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 injury2 7,c7 for law enforcement costs relating to enforcing ,state laws to protect the safety of vehicles and individuals stopped at the roadside2 7,d7 for programs to identify1 collect1 and report to ,state and local government agencies data relating to crashes involving vehicles and individuals stopped at the roadside2 and 7,e7 to pilot and incentivize measures1 including optical visibility measures1 to increase the visibility of stopped and disabled vehicles4 7#e7 ,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 #djb for fiscal year #bjbb4 7i7 ,driver and officer safety education 7#a7 ,definition of peace officer ,in this subsection1 the term peace officer includes any individual-- 7,a7 who is an elected1 appointed1 or employed agent of a government entity2 7,b7 who has the authority-- 7i7 to carry firearms2 and 7ii7 to make warrantless arrests2 and 7,c7 whose duties involve the enforcement of criminal laws of the ,united ,states4 7#b7 ,grants ,subject to the requirements of this subsection1 the ,secretary shall provide grants to-- 7,a7 ,states that enact or adopt a law or program described in paragraph 7#d72 and 7,b7 qualifying ,states under paragraph 7#g74 7#c7 ,federal share ,the ,federal share of the cost of carrying out an activity funded through a grant under this subsection may not exceed #hj percent4 7#d7 ,description of law or program ,a law or program referred to in paragraph 7#b77;,a7 is a law or program that requires #a or more of the following3 7,a7 ,driver education and driving safety courses ,the inclusion1 in driver education and driver safety courses provided to individuals by educational and motor vehicle agencies of the ,state1 of instruction and testing relating to law enforcement practices during traffic stops1 including information relating to-- 7i7 the role of law enforcement and the duties and responsibilities of peace officers2 7ii7 the legal rights of individuals concerning interactions with peace officers2 7iii7 best practices for civilians and peace officers during those interactions2 7iv7 the consequences for failure of an individual or officer to comply with the law or program2 and 7v7 how and where to file a complaint against1 or a compliment relating to1 a peace officer4 7,b7 ,peace officer training programs ,development and implementation of a training program1 including instruction and testing materials1 for peace officers and reserve law enforcement officers 7other than officers who have received training in a civilian course described in subparagraph 7,a77 with respect to proper interaction with civilians during traffic stops4 7#e7 ,use of funds ,a ,state may use a grant provided under this subsection for-- 7,a7 the production of educational materials and training of staff for driver education and driving safety courses and peace officer training described in paragraph 7#d72 and 7,b7 the implementation of a law or program described in paragraph 7#d74 7#f7 ,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 #djb for fiscal year #bjbb4 7#g7 ,special rule for certain ,states 7,a7 ,definition of qualifying ,state ,in this paragraph1 the term qualifying ,state means a ,state that-- 7i7 has received a grant under this subsection for a period of not more than #e years2 and 7ii7 as determined by the ,secretary-- 7,i7 has not fully enacted or adopted a law or program described in paragraph 7#d72 but 7,,ii7 7aa7 has taken meaningful steps toward the full implementation of such a law or program2 and 7bb7 has established a timetable for the implementation of such a law or program4 7,b7 ,withholding ,the ,secretary shall-- 7i7 withhold #ej percent of the amount that each qualifying ,state would otherwise receive under this subsection if the qualifying ,state were a ,state described in paragraph 7#b77;,a72 and 7ii7 direct any amounts withheld under clause 7i7 for distribution among the ,states that are enforcing and carrying out a law or program described in paragraph 7#d74 4 7b7 ,technical amendment ,section #djaj7b7 of the ,,fast ,act 7#bc ,u4,s4,c4 #dje note2 ,public ,law #aad-id7 is amended by inserting all before deficiencies4 7c7 ,effective date ,the amendments made by subsection 7a7 shall take effect with respect to any grant application or ,state highway safety plan submitted under chapter #d of title #bc1 ,united ,states ,code1 for fiscal year #bjbd or thereafter4 #bdajf4 ,multiple substance-impaired driving prevention 7a7 ,impaired driving countermeasures ,section #aed7;c77#a7 of title #bc1 ,united ,states ,code1 is amended by striking alcohol-impaired each place it appears and inserting impaired4 7b7 ,comptroller ,general study of national ,,dui reporting 7#a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct a study of the reporting of impaired driving 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 offenders4 7#b7 ,inclusions ,the study conducted under paragraph 7#a7 shall include a detailed assessment of-- 7,a7 the extent to which ,state and local criminal justice agencies are reporting impaired driving arrest and citation data to ,federal databases2 7,b7 barriers-- 7i7 at the ,federal1 ,state1 and local levels1 to the reporting of impaired driving arrest and citation data to ,federal databases2 and 7ii7 to the use of those databases by criminal justice agencies2 7,c7 ,federal1 ,state1 and local resources available to improve the reporting and sharing of impaired driving data2 and 7,d7 any options or recommendations for actions that ,federal agencies or ,congress could take to further improve the reporting and sharing of impaired driving data4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general shall submit to the appropriate committees of ,congress a report describing the results of the study conducted under this subsection4 #bdajg4 ,minimum penalties for repeat offenders for driving while intoxicated or driving under the influence ,section #afd7;b77#a7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in subparagraph 7,a71 by striking alcohol-impaired and inserting alcohol- or multiple substance-impaired2 and 7#b7 in subparagraph 7,b7-- 7,a7 by striking intoxicated or driving and inserting intoxicated1 driving while multiple substance-impaired1 or driving2 and 7,b7 by striking alcohol-impaired and inserting alcohol- or multiple substance-impaired4 #bdajh4 ,crash data 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall revise the crash data collection system to include the collection of crash report data elements that distinguish individual personal conveyance vehicles1 such as electric scooters and bicycles1 from other vehicles involved in a crash4 7b7 ,coordination ,in carrying out subsection 7a71 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 system4 7c7 ,vulnerable road users 7#a7 ,update ,based on the information contained in the vulnerable road user safety assessments required by subsection 7f7 of section #cbcjb of title #di1 ,united ,states ,code 7as added by section #bdbac7;b77#b771 the ,secretary shall modify existing crash data collection systems to include the collection of additional crash report data elements relating to vulnerable road user safety4 7#b7 ,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 fatalities1 disaggregated by demographic characteristics4 7d7 ,state electronic data collection 7#a7 ,definitions ,in this subsection3 7,a7 ,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 ,administration4 7,b7 ,state ,the term ,state means-- 7i7 each of the #ej ,states2 7ii7 the ,district of ,columbia2 7iii7 the ,commonwealth of ,puerto ,rico2 7iv7 the ,united ,states ,virgin ,islands2 7v7 ,guam2 7vi7 ,american ,samoa2 7vii7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7viii7 the ,secretary of the ,interior1 acting on behalf of an ,indian ,tribe4 7#b7 ,establishment of program ,the ,secretary shall establish a program under which the ,secretary shall-- 7,a7 provide grants for the modernization of ,state data collection systems to enable full electronic data transfer under paragraph 7#c72 and 7,b7 upgrade the ,national ,highway ,traffic ,safety ,administration system to manage and support ,state electronic data transfers relating to crashes under paragraph 7#d74 7#c7 ,state grants 7,a7 ,in general ,the ,secretary shall provide grants to ,states to upgrade and standardize ,state crash data systems to enable electronic data collection1 intrastate data sharing1 and electronic data transfers to the ,national ,highway ,traffic ,safety ,administration to increase the accuracy1 timeliness1 and accessibility of the data1 including data relating to fatalities involving vulnerable road users4 7,b7 ,eligibility ,a ,state shall be eligible to receive a grant under this paragraph if the ,state submits to the ,secretary an application1 at such time1 in such manner1 and containing such information as the ,secretary may require1 that includes a plan to implement full electronic data transfer to the ,national ,highway ,traffic ,safety ,administration by not later than #e years after the date on which the grant is provided4 7,c7 ,use of funds ,a grant provided under this paragraph may be used for the costs of-- 7i7 equipment to upgrade a statewide crash data repository2 7ii7 adoption of electronic crash reporting by law enforcement agencies2 and 7iii7 increasing alignment of ,state crash data with the latest ,model ,minimum ,uniform ,crash ,criteria4 7,d7 ,federal share ,the ,federal share of the cost of a project funded with a grant under this paragraph may be up to #hj percent4 7#d7 ,national ,highway ,traffic ,safety ,administration system upgrade ,the ,secretary shall manage and support ,state electronic data transfers relating to vehicle crashes by-- 7,a7 increasing the capacity of the ,national ,highway ,traffic ,safety ,administration system2 and 7,b7 making ,state crash data accessible to the public4 7e7 ,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-- 7#a7 additional program sites2 7#b7 an expanded scope that includes all crash types2 and 7#c7 on-scene investigation protocols4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aej1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated4 #bdaji4 ,review of ,move ,over or ,slow ,down ,law public awareness 7a7 ,definition of ,move ,over or ,slow ,down ,law ,in this section1 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 activated4 7b7 ,study 7#a7 ,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 campaigns4 7#b7 ,inclusions ,the study under paragraph 7#a7 shall include-- 7,a7 a review of each ,federal and ,state ,move ,over or ,slow ,down ,law1 including-- 7i7 penalties associated with the ,move ,over or ,slow ,down ,laws2 7ii7 the level of enforcement of ,move ,over or ,slow ,down ,laws2 and 7iii7 the applicable class of vehicles that triggers ,move ,over or ,slow ,down ,laws4 7,b7 an identification and description of each ,federal and ,state public awareness campaign relating to ,move ,over or ,slow ,down ,laws2 and 7,c7 a description of the role of the ,department in supporting ,state efforts with respect to ,move ,over or ,slow ,down ,laws1 such as conducting research1 collecting data1 or supporting public awareness or education efforts4 7c7 ,report ,on completion of the study under subsection 7b71 the ,comptroller ,general shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that describes-- 7#a7 the findings of the study2 and 7#b7 any recommendations to improve public awareness campaigns1 research1 or education efforts relating to the issues described in subsection 7b77#b74 #bdaaj4 ,review of laws1 safety measures1 and technologies relating to school buses 7a7 ,review of illegal passing laws 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall prepare a report that-- 7,a7 identifies and describes all illegal passing laws in each ,state relating to school buses1 including-- 7i7 the level of enforcement of those laws2 7ii7 the penalties associated with those laws2 7iii7 any issues relating to the enforcement of those laws2 and 7iv7 the effectiveness of those laws2 7,b7 reviews existing ,state laws that may inhibit the effectiveness of safety countermeasures in school bus loading zones1 such as-- 7i7 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 image2 7ii7 laws that may reduce stop-arm camera effectiveness2 7iii7 the need for a law enforcement officer to witness an event for enforcement action to be taken2 and 7iv7 the lack of primary enforcement for texting and driving offenses2 7,c7 identifies the methods used by each ,state to review1 document1 and report to law enforcement school bus stop-arm violations2 and 7,d7 identifies best practices relating to the most effective approaches to address the illegal passing of school buses4 7#b7 ,publication ,the report under paragraph 7#a7 shall be made publicly available on the website of the ,department4 7b7 ,public safety messaging campaign 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish and implement a public safety messaging campaign that uses public safety media messages1 posters1 digital media messages1 and other media messages distributed to ,states1 ,state departments of motor vehicles1 schools1 and other public outlets-- 7,a7 to highlight the importance of addressing the illegal passing of school buses2 and 7,b7 to educate students and the public regarding the safe loading and unloading of schools buses4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,secretary shall consult with-- 7,a7 representatives of the school bus industry from the public and private sectors2 and 7,b7 ,states4 7#c7 ,updates ,the ,secretary shall periodically update the materials used in the campaign under paragraph 7#a74 7c7 ,review of technologies 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall review and evaluate the effectiveness of various technologies for enhancing school bus safety1 including technologies such as-- 7,a7 cameras2 7,b7 audible warning systems2 and 7,c7 enhanced lighting4 7#b7 ,inclusions ,the review under paragraph 7#a7-- 7,a7 shall include-- 7i7 an assessment of-- 7,i7 the costs of acquiring and operating new equipment2 7,,ii7 the potential impact of that equipment on overall school bus ridership2 and 7,,iii7 motion-activated detection systems capable of-- 7aa7 detecting pedestrians1 cyclists1 and other road users located near the exterior of the school bus2 and 7bb7 alerting the operator of the school bus of those road users2 7ii7 an assessment of the impact of advanced technologies designed to improve loading zone safety2 and 7iii7 an assessment of the effectiveness of school bus lighting systems at clearly communicating to surrounding drivers the appropriate actions those drivers should take2 and 7,b7 may include an evaluation of any technological solutions that may enhance school bus safety outside the school bus loading zone4 7#c7 ,consultation ,in carrying out the review under paragraph 7#a71 the ,secretary shall consult with-- 7,a7 manufacturers of school buses2 7,b7 manufacturers of various technologies that may enhance school bus safety2 and 7,c7 representatives of the school bus industry from the public and private sectors4 7#d7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7d7 ,review of driver education materials 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall-- 7,a7 review driver manuals1 handbooks1 and other materials in all ,states to determine whether and the means by which illegal passing of school buses is addressed in those driver materials1 including in-- 7i7 testing for noncommercial driver's licenses2 and 7ii7 road tests2 and 7,b7 make recommendations on methods by which ,states can improve education regarding the illegal passing of school buses1 particularly for new drivers4 7#b7 ,consultation ,in carrying out paragraph 7#a71 the ,secretary shall consult with-- 7,a7 representatives of the school bus industry from the public and private sectors2 7,b7 ,states2 7,c7 ,state motor vehicle administrators or senior ,state executives responsible for driver licensing2 and 7,d7 other appropriate motor vehicle experts4 7#c7 ,publication ,the ,secretary shall make the findings of the review under paragraph 7#a7 publicly available on the website of the ,department4 7e7 ,review of other safety issues 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall research and prepare a report describing any relationship between the illegal passing of school buses and other safety issues1 including issues such as-- 7,a7 distracted driving2 7,b7 poor visibility1 such as morning darkness2 7,c7 illumination and reach of vehicle headlights2 7,d7 speed limits2 and 7,e7 characteristics associated with school bus stops1 including the characteristics of school bus stops in rural areas4 7#b7 ,publication ,the ,secretary shall make the report under paragraph 7#a7 publicly available on the website of the ,department4 #bdaaa4 ,motorcyclist ,advisory ,council 7a7 ,in general ,subchapter ,,iii of chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cee4 ,motorcyclist ,advisory ,council 7a7 ,establishment ,not later than #ij days after the date of enactment of this section1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish a council1 to be known as the ,motorcyclist ,advisory ,council 7referred to in this section as the ,council74 7b7 ,membership 7#a7 ,in general ,the ,council shall be comprised of #ac members1 to be appointed by the ,secretary1 of whom-- 7,a7 #e shall be representatives of units of ,state or local government with expertise relating to highway engineering and safety issues1 including-- 7i7 motorcycle and motorcyclist safety2 7ii7 barrier and road design1 construction1 and maintenance2 or 7iii7 intelligent transportation systems2 7,b7 #a shall be a motorcyclist who serves as a ,state or local-- 7i7 traffic and safety engineer2 7ii7 design engineer2 or 7iii7 other transportation department official2 7,c7 #a shall be a representative of a national association of ,state transportation officials2 7,d7 #a shall be a representative of a national motorcyclist association2 7,e7 #a shall be a representative of a national motorcyclist foundation2 7,f7 #a shall be a representative of a national motorcycle manufacturing association2 7,g7 #a shall be a representative of a motorcycle manufacturing company headquartered in the ,united ,states2 7,h7 #a shall be a roadway safety data expert with expertise relating to crash testing and analysis2 and 7,i7 #a shall be a member of a national safety organization that represents the traffic safety systems industry4 7#b7 ,term 7,a7 ,in general ,subject to subparagraphs 7,b7 and 7,c71 each member shall serve on the ,council for a single term of #b years4 7,b7 ,additional term ,if a successor is not appointed for a member of the ,council before the expiration of the term of service of the member1 the member may serve on the ,council for a second term of not longer than #b years4 7,c7 ,appointment of replacements ,if a member of the ,council resigns before the expiration of the #b-year term of service of the member-- 7i7 the ,secretary may appoint a replacement for the member1 who shall serve the remaining portion of the term2 and 7ii7 the resigning member may continue to serve after resignation until the date on which a successor is appointed4 7#c7 ,vacancies ,a vacancy on the ,council shall be filled in the manner in which the original appointment was made4 7#d7 ,compensation ,a member of the ,council shall serve without compensation4 7c7 ,duties 7#a7 ,advising ,the ,council shall advise the ,secretary1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 and the ,administrator of the ,federal ,highway ,administration regarding transportation safety issues of concern to motorcyclists1 including-- 7,a7 motorcycle and motorcyclist safety2 7,b7 barrier and road design1 construction1 and maintenance practices2 and 7,c7 the architecture and implementation of intelligent transportation system technologies4 7#b7 ,biennial report ,not later than ,october #ca of the calendar year following the calendar year in which the ,council is established1 and not less frequently than once every #b years thereafter1 the ,council shall submit to the ,secretary a report containing recommendations of the ,council regarding the issues described in paragraph 7#a74 7d7 ,duties of ,secretary 7#a7 ,council recommendations 7,a7 ,in general ,the ,secretary shall determine whether to accept or reject a recommendation contained in a report of the ,council under subsection 7c77#b74 7,b7 ,inclusion in review 7i7 ,in general ,the ,secretary shall indicate in each review under paragraph 7#b7 whether the ,secretary accepts or rejects each recommendation of the ,council covered by the review4 7ii7 ,exception ,the ,secretary may indicate in a review under paragraph 7#b7 that a recommendation of the ,council is under consideration1 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 7#b74 7#b7 ,review 7,a7 ,in general ,not later than #fj days after the date on which the ,secretary receives a report from the ,council under subsection 7c77#b71 the ,secretary shall submit a review describing the response of the ,secretary to the recommendations of the ,council contained in the ,council report to-- 7i7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7ii7 the ,committee on ,environment and ,public ,works of the ,senate2 7iii7 the ,subcommittee on ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,senate2 7iv7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7v7 the ,subcommittee on ,transportation1 ,housing and ,urban ,development1 and ,related ,agencies of the ,committee on ,appropriations of the ,house of ,representatives4 7,b7 ,contents ,a review of the ,secretary under this paragraph shall include a description of-- 7i7 each recommendation contained in the ,council report covered by the review2 and 7ii7 7,i7 each recommendation of the ,council that was categorized under paragraph 7#a77;,b77ii7 as being under consideration by the ,secretary in the preceding review submitted under this paragraph2 and 7,,ii7 for each such recommendation1 whether the recommendation-- 7aa7 is accepted or rejected by the ,secretary2 or 7bb7 remains under consideration by the ,secretary4 7#c7 ,administrative and technical support ,the ,secretary shall provide to the ,council such administrative support1 staff1 and technical assistance as the ,secretary determines to be necessary to carry out the duties of the ,council under this section4 7e7 ,termination ,the ,council shall terminate on the date that is #f years after the date on which the ,council is established under subsection 7a74 4 7b7 ,clerical amendment ,the analysis for subchapter ,,iii of chapter #c of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #ced the following3 #cee4 ,motorcyclist ,advisory ,council4 4 7c7 ,conforming amendments 7#a7 ,section #adbf of the ,,fast ,act 7#bc ,u4,s4,c4 #aja note2 ,public ,law #aad-id7 is repealed4 7#b7 ,the table of contents for the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acac7 is amended by striking the item relating to section #adbf4 #bdaab4 ,safe ,streets and ,roads for ,all grant program 7a7 ,definitions ,in this section3 7#a7 ,comprehensive safety action plan ,the term comprehensive safety action plan means a plan aimed at preventing transportation-related fatalities and serious injuries in a locality1 commonly referred to as a ,vision ,zero or ,toward ,zero ,deaths plan1 that may include-- 7,a7 a goal and timeline for eliminating fatalities and serious injuries2 7,b7 an analysis of the location and severity of vehicle-involved crashes in a locality2 7,c7 an analysis of community input1 gathered through public outreach and education2 7,d7 a data-driven approach to identify projects or strategies to prevent fatalities and serious injuries in a locality1 such as those involving-- 7i7 education and community outreach2 7ii7 effective methods to enforce traffic laws and regulations2 7iii7 new vehicle or other transportation-related technologies2 and 7iv7 roadway planning and design2 and 7,e7 mechanisms for evaluating the outcomes and effectiveness of the comprehensive safety action plan1 including the means by which that effectiveness will be reported to residents in a locality4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a metropolitan planning organization2 7,b7 a political subdivision of a ,state2 7,c7 a federally recognized ,tribal government2 and 7,d7 a multijurisdictional group of entities described in any of subparagraphs 7,a7 through 7,c74 7#c7 ,eligible project ,the term eligible project means a project-- 7,a7 to develop a comprehensive safety action plan2 7,b7 to conduct planning1 design1 and development activities for projects and strategies identified in a comprehensive safety action plan2 or 7,c7 to carry out projects and strategies identified in a comprehensive safety action plan4 7#d7 ,program ,the term program means the ,safe ,streets and ,roads for ,all program established under subsection 7b74 7b7 ,establishment ,the ,secretary shall establish and carry out a program1 to be known as the ,safe ,streets and ,roads for ,all program1 that supports local initiatives to prevent death and serious injury on roads and streets1 commonly referred to as ,vision ,zero or ,toward ,zero ,deaths initiatives4 7c7 ,grants 7#a7 ,in general ,in carrying out the program1 the ,secretary may make grants to eligible entities1 on a competitive basis1 in accordance with this section4 7#b7 ,limitations 7,a7 ,in general ,not more than #ae 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 year4 7,b7 ,planning grants ,of the total amount made available to carry out the program for each fiscal year1 not less than #dj percent shall be awarded to eligible projects described in subsection 7a77#c77;,a74 7d7 ,selection of eligible projects 7#a7 ,solicitation ,not later than #ahj days after the date on which amounts are made available to provide grants under the program for a fiscal year1 the ,secretary shall solicit from eligible entities grant applications for eligible projects in accordance with this section4 7#b7 ,applications 7,a7 ,in general ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,secretary an application in such form and containing such information as the ,secretary considers to be appropriate4 7,b7 ,requirement ,an application for a grant under this paragraph shall include mechanisms for evaluating the success of applicable eligible projects and strategies4 7#c7 ,considerations ,in awarding a grant under the program1 the ,secretary shall take into consideration the extent to which an eligible entity1 and each eligible project proposed to be carried out by the eligible entity1 as applicable-- 7,a7 is likely to significantly reduce or eliminate transportation-related fatalities and serious injuries involving various road users1 including pedestrians1 bicyclists1 public transportation users1 motorists1 and commercial operators1 within the timeframe proposed by the eligible entity2 7,b7 demonstrates engagement with a variety of public and private stakeholders2 7,c7 seeks to adopt innovative technologies or strategies to promote safety2 7,d7 employs low-cost1 high-impact strategies that can improve safety over a wider geographical area2 7,e7 ensures1 or will ensure1 equitable investment in the safety needs of underserved communities in preventing transportation-related fatalities and injuries2 7,f7 includes evidence-based projects or strategies2 and 7,g7 achieves such other conditions as the ,secretary considers to be necessary4 7#d7 ,transparency 7,a7 ,in general ,the ,secretary shall evaluate1 through a methodology that is discernible and transparent to the public1 the means by1 and extent to1 which each application under the program addresses any applicable merit criteria established by the ,secretary4 7,b7 ,publication ,the methodology under subparagraph 7,a7 shall be published by the ,secretary as part of the notice of funding opportunity under the program4 7e7 ,federal share ,the ,federal share of the cost of an eligible project carried out using a grant provided under the program shall not exceed #hj percent4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available for a period of #c fiscal years following the fiscal year for which the amounts are appropriated4 7#b7 ,administrative expenses ,of the amounts made available to carry out the program for a fiscal year1 the ,secretary may retain not more than #b percent for the administrative expenses of the program4 7#c7 ,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 #e years after the date on which the grant is provided4 7g7 ,data submission 7#a7 ,in general ,as a condition of receiving a grant under this program1 an eligible entity shall submit to the ,secretary1 on a regular basis as established by the ,secretary1 data1 information1 or analyses collected or conducted in accordance with subsection 7d77#c74 7#b7 ,form ,the data1 information1 and analyses under paragraph 7#a7 shall be submitted in such form such manner as may be prescribed by the ,secretary4 7h7 ,reports ,not later than #abj days after the end of the period of performance for a grant under the program1 the eligible entity shall submit to the ,secretary a report that describes-- 7#a7 the costs of each eligible project carried out using the grant2 7#b7 the outcomes and benefits that each such eligible project has generated1 as-- 7,a7 identified in the grant application of the eligible entity2 and 7,b7 measured by data1 to the maximum extent practicable2 and 7#c7 the lessons learned and any recommendations relating to future projects or strategies to prevent death and serious injury on roads and streets4 7i7 ,best practices ,based on the information submitted by eligible entities under subsection 7g71 the ,secretary shall-- 7#a7 periodically post on a publicly available website best practices and lessons learned for preventing transportation-related fatalities and serious injuries pursuant to strategies or interventions implemented under the program2 and 7#b7 evaluate and incorporate1 as appropriate1 the effectiveness of strategies and interventions implemented under the program for the purpose of enriching revisions to the document entitled ,countermeasures ,that ,work3 ,a ,highway ,safety ,countermeasure ,guide for ,state ,highway ,safety ,offices1 ,ninth ,edition and numbered ,,dot ,,hs #hab #dgh 7or any successor document74 #bdaac4 ,implementation of ,,gao recommendations 7a7 ,next ,generation #iaa 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall implement the recommendations of the ,comptroller ,general of the ,united ,states contained in the report entitled ,next ,generation #iaa3 ,national #iaa ,program ,could ,strengthen ,efforts to ,assist ,states1 numbered ,,gao-#ah-beb1 and dated ,january #a1 #bjah1 by requiring that the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 in collaboration with the appropriate ,federal agencies1 shall determine the roles and responsibilities of the ,federal agencies participating in the initiative entitled ,national ,,ng#iaa ,roadmap initiative to carry out the national-level tasks with respect which each agency has jurisdiction4 7#b7 ,implementation plan ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall develop an implementation plan to support the completion of national-level tasks under the ,national ,,ng#iaa ,roadmap initiative4 7b7 ,pedestrian and cyclists information and enhanced performance management 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall implement the recommendations of the ,comptroller ,general of the ,united ,states contained in the report entitled ,pedestrians and ,cyclists3 ,better ,information to ,states and ,enhanced ,performance ,management ,could ,help ,,dot ,improve ,safety1 numbered ,,gao-#ba-dje1 and dated ,may #bj1 #bjba1 by-- 7,a7 carrying out measures to collect information relating to the range of countermeasures implemented by ,states2 7,b7 analyzing that information to help advance knowledge regarding the effectiveness of those countermeasures2 and 7,c7 sharing with ,states any results4 7#b7 ,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-- 7,a7 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 goals2 and 7,b7 using performance information to make any necessary changes to advance pedestrian and cyclist safety efforts4 ,b ,vehicle safety #bdbja4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out chapter #cja1 and part ,c of subtitle ,,vi1 of title #di1 ,united ,states ,code-- 7#a7 #bjj1bid1ccc for fiscal year #bjbb2 7#b7 #bjd1cjj1bai for fiscal year #bjbc2 7#c7 #bjh1chf1bbd for fiscal year #bjbd2 7#d7 #bab1eec1idh for fiscal year #bjbe2 and 7#e7 #baf1hje1jbg for fiscal year #bjbf4 #bdbjb4 ,recall completion 7a7 ,reports on recall campaigns ,section #cjaah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,reports on notification campaigns 7#a7 ,in general ,each manufacturer that is conducting a campaign under subsection 7b7 or 7c7 or any other provision of law 7including regulations7 to notify manufacturers1 distributors1 owners1 purchasers1 or dealers of a defect or noncompliance shall submit to the ,administrator of the ,national ,highway ,traffic ,safety ,administration-- 7,a7 by the applicable date described in section #egc4g7;d7 of title #di1 ,code of ,federal ,regulations 7or a successor regulation71 a quarterly report describing the campaign for each of #h consecutive quarters1 beginning with the quarter in which the campaign was initiated2 and 7,b7 an annual report for each of the #c years beginning after the date of completion of the last quarter for which a quarterly report is submitted under subparagraph 7,a74 7#b7 ,requirements ,except as otherwise provided in this subsection1 each report under this subsection shall comply with the requirements of section #egc4g of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 4 7b7 ,recall completion rates ,section #cjabj of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,recall completion rates 7#a7 ,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 #h quarterly reports have been submitted under subsection 7f7 of section #cjaah as of the date of publication of the list4 7#b7 ,requirements ,the annual list under paragraph 7#a7 shall include-- 7,a7 for each applicable campaign-- 7i7 the total number of vehicles subject to recall2 and 7ii7 the percentage of vehicles that have been remedied2 and 7,b7 for each manufacturer submitting an applicable quarterly report under section #cjaah7;f7-- 7i7 the total number of recalls issued by the manufacturer during the year covered by the list2 7ii7 the estimated number of vehicles of the manufacturer subject to recall during the year covered by the list2 and 7iii7 the percentage of vehicles that have been remedied4 4 #bdbjc4 ,recall engagement 7a7 ,recall repair ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study to determine-- 7,a7 the reasons why vehicle owners do not have repairs performed for vehicles subject to open recalls2 and 7,b7 whether engagement by third parties1 including ,state and local governments1 insurance companies1 or other entities1 could increase the rate at which vehicle owners have repairs performed for vehicles subject to open recalls2 and 7#b7 submit to ,congress a report describing the results of the study under paragraph 7#a71 including any recommendations for increasing the rate of repair for vehicles subject to open recalls4 7b7 ,ridesharing ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general shall-- 7#a7 conduct a study to determine the number of passenger motor vehicles in each ,state that-- 7,a7 are used by transportation network companies for for-hire purposes1 such as ridesharing2 and 7,b7 have #a or more open recalls2 and 7#b7 submit to ,congress a report describing the results of the study under paragraph 7#a74 7c7 ,,nhtsa study and report ,not later than #c years after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall-- 7#a7 conduct a study to determine the ways in which vehicle recall notices could-- 7,a7 more effectively reach vehicle owners2 7,b7 be made easier for all consumers to understand2 and 7,c7 incentivize vehicle owners to complete the repairs described in the recall notices2 and 7#b7 submit to ,congress a report describing the results of the study under paragraph 7#a71 including any recommendations for-- 7,a7 increasing the rate of repair for vehicles subject to open recalls2 or 7,b7 any regulatory or statutory legislative changes that would facilitate an increased rate of repair4 #bdbjd4 ,motor vehicle seat back safety standards 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 subject to subsection 7b71 the ,secretary shall issue an advanced notice of proposed rulemaking to update section #ega4bjg of title #di1 ,code of ,federal ,regulations4 7b7 ,compliance date ,if the ,secretary determines that a final rule is appropriate consistent with the considerations described in section #cjaaa7;b7 of title #di1 ,united ,states ,code1 in issuing a final rule pursuant to subsection 7a71 the ,secretary shall establish a date for required compliance with the final rule of not later than #b motor vehicle model years after the model year during which the effective date of the final rule occurs4 #bdbje4 ,automatic shutoff 7a7 ,definitions ,in this section3 7#a7 ,key ,the term key has the meaning given the term in section #ega4aad of title #di1 ,code of ,federal ,regulations 7or a successor regulation74 7#b7 ,manufacturer ,the term manufacturer has the meaning given the term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#c7 ,motor vehicle 7,a7 ,in general ,the term motor vehicle has the meaning given the term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7,b7 ,exclusions ,the term motor vehicle does not include-- 7i7 a motorcycle or trailer 7as those terms are defined in section #ega4c of title #di1 ,code of ,federal ,regulations 7or a successor regulation772 7ii7 any motor vehicle with a gross vehicle weight rating of more than #aj1jjj pounds2 7iii7 a battery electric vehicle2 or 7iv7 a motor vehicle that requires extended periods with the engine in idle to operate in service mode or to operate equipment1 such as an emergency vehicle 7including a police vehicle1 an ambulance1 or a tow vehicle7 and a commercial-use vehicle 7including a refrigeration vehicle74 7b7 ,automatic shutoff systems for motor vehicles 7#a7 ,final rule 7,a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a final rule amending section #ega4aad of title #di1 ,code of ,federal ,regulations1 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 7,b74 7,b7 ,description of period 7i7 ,in general ,the period referred to in subparagraph 7,a7 is the period designated by the ,secretary as necessary to prevent1 to the maximum extent practicable1 carbon monoxide poisoning4 7ii7 ,different periods ,the ,secretary may designate different periods under clause 7i7 for different types of motor vehicles1 depending on the rate at which the motor vehicle emits carbon monoxide1 if-- 7,i7 the ,secretary determines a different period is necessary for a type of motor vehicle for purposes of section #cjaaa of title #di1 ,united ,states ,code2 and 7,,ii7 requiring a different period for a type of motor vehicle is consistent with the prevention of carbon monoxide poisoning4 7#b7 ,deadline ,unless the ,secretary finds good cause to phase-in or delay implementation1 the rule issued pursuant to paragraph 7#a7 shall take effect on ,september #a of the first calendar year beginning after the date on which the ,secretary issues the rule4 7c7 ,preventing motor vehicles from rolling away 7#a7 ,requirement ,the ,secretary shall conduct a study of the regulations contained in part #ega of title #di1 ,code of ,federal ,regulations1 to evaluate the potential consequences and benefits of the installation by manufacturers of technology to prevent movement of motor vehicles equipped with keyless ignition devices and automatic transmissions when-- 7,a7 the transmission of the motor vehicle is not in the park setting2 7,b7 the motor vehicle does not exceed the speed determined by the ,secretary under paragraph 7#b72 7,c7 the seat belt of the operator of the motor vehicle is unbuckled2 7,d7 the service brake of the motor vehicle is not engaged2 and 7,e7 the door for the operator of the motor vehicle is open4 7#b7 ,review and report ,the ,secretary shall-- 7,a7 provide a recommended maximum speed at which a motor vehicle may be safely locked in place under the conditions described in subparagraphs 7,a71 7,c71 7,d71 and 7,e7 of paragraph 7#a7 to prevent vehicle rollaways2 and 7,b7 not later than #a year after the date of completion of the study under paragraph 7#a71 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report-- 7i7 describing the findings of the study2 and 7ii7 providing additional recommendations1 if any4 #bdbjf4 ,petitions by interested persons for standards and enforcement ,section #cjafb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 by striking ,the petition and inserting ,a petition under this section2 7#b7 in subsection 7c71 by striking the petition and inserting a petition under this section2 and 7#c7 in subsection 7d7-- 7,a7 in the third sentence1 by striking ,if a petition and inserting the following3 7#c7 ,denial ,if a petition under this section 2 7,b7 in the second sentence 1 by striking ,if a petition is granted and inserting the following3 7#b7 ,approval ,if a petition under this section is approved 2 and 7,c7 in the first sentence1 by striking ,the ,secretary shall grant or deny a petition and inserting the following3 7#a7 ,in general ,the ,secretary shall determine whether to approve or deny a petition under this section by 4 #bdbjg4 ,child safety seat accessibility study 7a7 ,in general ,the ,secretary1 in coordination with other relevant ,federal departments and agencies1 including the ,secretary of ,agriculture1 the ,secretary of ,education1 and the ,secretary of ,health and ,human ,services1 shall conduct a study to review the status of motor vehicle child safety seat accessibility for low-income families and underserved populations4 7b7 ,addressing needs ,in conducting the study under subsection 7a71 the ,secretary shall-- 7#a7 examine the impact of ,federal funding provided under section #dje of title #bc1 ,united ,states ,code2 and 7#b7 develop a plan for addressing any needs identified in the study1 including by working with social service providers4 #bdbjh4 ,crash avoidance technology 7a7 ,in general ,subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjabi4 ,crash avoidance technology 7a7 ,in general ,the ,secretary of ,transportation shall promulgate a rule-- 7#a7 to establish minimum performance standards with respect to crash avoidance technology2 and 7#b7 to require that all passenger motor vehicles manufactured for sale in the ,united ,states on or after the compliance date described in subsection 7b7 shall be equipped with-- 7,a7 a forward collision warning and automatic emergency braking system that-- 7i7 alerts the driver if-- 7,i7 the distance to a vehicle ahead or an object in the path of travel ahead is closing too quickly2 and 7,,ii7 a collision is imminent2 and 7ii7 automatically applies the brakes if the driver fails to do so2 and 7,b7 a lane departure warning and lane-keeping assist system that-- 7i7 warns the driver to maintain the lane of travel2 and 7ii7 corrects the course of travel if the driver fails to do so4 7b7 ,compliance date ,the ,secretary of ,transportation shall determine the appropriate effective date1 and any phasing-in of requirements1 of the final rule promulgated pursuant to subsection 7a74 4 7b7 ,clerical amendment ,the analysis for subchapter ,,ii of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjabi4 ,crash avoidance technology4 4 #bdbji4 ,reduction of driver distraction 7a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall conduct research regarding the installation and use on motor vehicles of driver monitoring systems to minimize or eliminate-- 7#a7 driver distraction2 7#b7 driver disengagement2 7#c7 automation complacency by drivers2 and 7#d7 foreseeable misuse of advanced driver-assist systems4 7b7 ,report ,not later than #ahj days after the date of completion of the research under subsection 7a71 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 research4 7c7 ,rulemaking 7#a7 ,in general ,if1 based on the research completed under subsection 7a71 the ,secretary determines that-- 7,a7 #a or more rulemakings are necessary to ensure safety1 in accordance with the section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall initiate the rulemakings by not later than #b years after the date of submission of the report under subsection 7b72 and 7,b7 an additional rulemaking is not necessary1 or an additional rulemaking cannot meet the applicable requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 7a74 7#b7 ,privacy ,a rule issued pursuant to paragraph 7#a7 shall incorporate appropriate privacy and data security safeguards1 as determined by the ,secretary4 #bdbaj4 ,rulemaking report 7a7 ,definition of covered rulemaking ,in this section1 the term covered rulemaking means a regulation or rulemaking that-- 7#a7 has not been finalized by the date on which the relevant notification is submitted under subsection 7b72 and 7#b7 relates to-- 7,a7 section #cjabj;,a of title #di1 ,united ,states ,code2 7,b7 section #cjaff7o7 of title #di1 ,united ,states ,code2 7,c7 section #cjagb of title #di1 ,united ,states ,code2 7,d7 section #cbcjb7;c7 of title #di1 ,united ,states ,code2 7,e7 a defect reporting requirement under section #cbcjb7;d7 of title #di1 ,united ,states ,code2 7,f7 subsections 7b7 and 7c7 of section #cbcjd;,a of title #di1 ,united ,states ,code2 7,g7 the tire pressure monitoring standards required under section #bdaae of the ,,fast ,act 7#di ,u4,s4,c4 #cjabc note2 ,public ,law #aad-id72 7,h7 the amendment made by section #bddjb of the ,,fast ,act 7#abi ,stat4 #agbj2 ,public ,law #aad-id7 to section #cjabj7;g77#a7 of title #di1 ,united ,states ,code2 7,i7 the records retention rule required under section #bddjc of the ,,fast ,act 7#di ,u4,s4,c4 #cjaag note2 ,public ,law #aad-id72 7,j7 the amendments made by section #bddje of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #agba7 to section #cjaad of title #di1 ,united ,states ,code2 7,k7 a defect and noncompliance notification required under-- 7i7 section #bdajd of the ,,fast ,act 7#di ,u4,s4,c4 #cjaai note2 ,public ,law #aad-id72 or 7ii7 section #cacja of ,,map-#ba 7#di ,u4,s4,c4 #cjaff note2 ,public ,law #aab-ada72 7,l7 a side impact or frontal impact test procedure for child restraint systems under section #caeja of ,,map-#ba 7#di ,u4,s4,c4 #cjabg note2 ,public ,law #aab-ada72 7,m7 an upgrade to child restraint anchorage system usability requirements required under section #caejb of ,,map-#ba 7#di ,u4,s4,c4 #cjabg note2 ,public ,law #aab-ada72 7,n7 the rear seat belt reminder system required under section #caejc of ,,map-#ba 7#di ,u4,s4,c4 #cjabg note2 ,public ,law #aab-ada72 7,o7 a motorcoach rulemaking required under section #cbgjc of ,,map-#ba 7#di ,u4,s4,c4 #caacf note2 ,public ,law #aab-ada72 or 7,p7 any rulemaking required under this ,act4 7b7 ,notification ,not later than #ahj days after the date of enactment of this ,act1 and not less frequently than biannually thereafter until the applicable covered rulemaking is complete1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a written notification that includes1 with respect to each covered rulemaking-- 7#a7 for a covered rulemaking with a statutory deadline for completion-- 7,a7 an explanation of why the deadline was not met2 and 7,b7 an expected date of completion of the covered rulemaking2 and 7#b7 for a covered rulemaking without a statutory deadline for completion1 an expected date of completion of the covered rulemaking4 7c7 ,additional contents ,a notification under subsection 7b7 shall include1 for each applicable covered rulemaking-- 7#a7 an updated timeline2 7#b7 a list of factors causing delays in the completion of the covered rulemaking2 and 7#c7 any other details associated with the status of the covered rulemaking4 #bdbaa4 ,global harmonization ,the ,secretary shall cooperate1 to the maximum extent practicable1 with foreign governments1 nongovernmental stakeholder groups1 the motor vehicle industry1 and consumer groups with respect to global harmonization of vehicle regulations as a means for improving motor vehicle safety4 #bdbab4 ,headlamps 7a7 ,definitions ,in this section3 7#a7 ,adaptive driving beam headlamp ,the term adaptive driving beam headlamp means a headlamp 7as defined in ,standard #ajh7 that meets the performance requirements specified in ,,sae ,international ,standard ,j#cjfi1 published on ,june #cj1 #bjaf4 7#b7 ,standard #ajh ,the term ,standard #ajh means ,federal ,motor ,vehicle ,safety ,standard ,number #ajh1 contained in section #ega4ajh of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7b7 ,rulemaking ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a final rule amending ,standard #ajh-- 7#a7 to include performance-based standards for vehicle headlamp systems-- 7,a7 to ensure that headlights are correctly aimed on the road2 and 7,b7 requiring those systems to be tested on-vehicle to account for headlight height and lighting performance2 and 7#b7 to allow for the use on vehicles of adaptive driving beam headlamp systems4 7c7 ,periodic review ,nothing in this section precludes the ,secretary from-- 7#a7 reviewing ,standard #ajh1 as amended pursuant to subsection 7b72 and 7#b7 revising ,standard #ajh to reflect an updated version of ,,sae ,international ,standard ,j#cjfi1 as the ,secretary determines to be-- 7,a7 appropriate2 and 7,b7 in accordance with section #cjaaa of title #di1 ,united ,states ,code4 #bdbac4 ,new ,car ,assessment ,program 7a7 ,updates ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall finalize the proceeding for which comments were requested in the notice entitled ,new ,car ,assessment ,program 7#hj ,fed4 ,reg4 #ghebb 7,december #af1 #bjae77 to update the passenger motor vehicle information required under section #cbcjb7;a7 of title #di1 ,united ,states ,code4 7b7 ,information program ,section #cbcjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the matter preceding paragraph 7#a71 by inserting 7referred to in this section as the ,secretary7 after of ,transportation2 and 7#b7 by adding at the end the following3 7e7 ,advanced crash-avoidance technologies 7#a7 ,notice ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall publish a notice1 for purposes of public review and comment1 to establish1 distinct from crashworthiness information1 a means for providing to consumers information relating to advanced crash-avoidance technologies1 in accordance with subsection 7a74 7#b7 ,inclusions ,the notice under paragraph 7#a7 shall include-- 7,a7 an appropriate methodology for-- 7i7 determining which advanced crash-avoidance technologies shall be included in the information2 7ii7 developing performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technologies2 7iii7 determining a distinct rating involving each advanced crash-avoidance technology to be included2 and 7iv7 updating overall vehicle ratings to incorporate advanced crash-avoidance technology ratings2 and 7,b7 such other information and analyses as the ,secretary determines to be necessary to implement the rating of advanced crash-avoidance technologies4 7#c7 ,report ,not later than #ah months after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 advanced crash-avoidance technology information and rating system1 in accordance with subsection 7a74 7f7 ,vulnerable road user safety 7#a7 ,notice ,not later than #a year after the date of enactment of this subsection1 the ,secretary shall publish a notice1 for purposes of public review and comment1 to establish a means for providing to consumers information relating to pedestrian1 bicyclist1 or other vulnerable road user safety technologies1 in accordance with subsection 7a74 7#b7 ,inclusions ,the notice under paragraph 7#a7 shall include-- 7,a7 an appropriate methodology for-- 7i7 determining which technologies shall be included in the information2 7ii7 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 mitigate1 to the best extent possible1 pedestrian injury2 7iii7 determining a distinct rating involving each technology to be included2 and 7iv7 updating overall vehicle ratings to incorporate vulnerable road user safety technology ratings2 and 7,b7 such other information and analyses as the ,secretary determines to be necessary to implement the rating of vulnerable road user safety technologies4 7#c7 ,report ,not later than #ah months after the date of enactment of this subsection1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 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 technologies1 in accordance with subsection 7a74 4 7c7 ,roadmap 7#a7 ,in general ,chapter #cbc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cbcaj4 ,new ,car ,assessment ,program roadmap 7a7 ,establishment ,not later than #a year after the date of enactment of this section1 and not less frequently than once every #d years thereafter1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish a roadmap for the implementation of the ,new ,car ,assessment ,program of the ,national ,highway ,traffic ,safety ,administration4 7b7 ,requirements ,a roadmap under subsection 7a7 shall-- 7#a7 cover a term of #aj years1 consisting of-- 7,a7 a mid-term component covering the initial #e years of the term2 and 7,b7 a long-term component covering the final #e years of the term2 and 7#b7 be in accordance with-- 7,a7 section #cjf of title #e2 7,b7 section #aaae of title #ca2 7,c7 section #bddja of the ,,fast ,act 7#di ,u4,s4,c4 #aje note2 ,public ,law #aad-id72 and 7,d7 any other relevant plans of the ,national ,highway ,traffic ,safety ,administration4 7c7 ,contents ,a roadmap under subsection 7a7 shall include-- 7#a7 a plan for any changes to the ,new ,car ,assessment ,program of the ,national ,highway ,traffic ,safety ,administration1 including-- 7,a7 descriptions of actions to be carried out to update the passenger motor vehicle information developed under section #cbcjb7;a71 including the development of test procedures1 test devices1 test fixtures1 and safety performance metrics1 which shall1 as applicable1 incorporate-- 7i7 objective criteria for evaluating safety technologies2 and 7ii7 reasonable time periods for compliance with new or updated tests2 7,b7 key milestones1 including the anticipated start of an action1 completion of an action1 and effective date of an update2 and 7,c7 descriptions of the means by which an update will improve the passenger motor vehicle information developed under section #cbcjb7;a72 7#b7 an identification and prioritization of safety opportunities and technologies-- 7,a7 with respect to the mid-term component of the roadmap under subsection 7b77#a77;,a7-- 7i7 that are practicable2 and 7ii7 for which objective rating tests1 evaluation criteria1 and other consumer data exist for a market-based1 consumer information approach2 and 7,b7 with respect to the long-term component of the roadmap under subsection 7b77#a77;,b71 exist or are in development2 7#c7 an identification of-- 7,a7 any safety opportunity or technology that-- 7i7 is identified through the activities carried out pursuant to subsection 7d7 or 7e72 and 7ii7 is not included in the roadmap under paragraph 7#b72 7,b7 the reasons why such a safety opportunity or technology is not included in the roadmap2 and 7,c7 any developments or information that would be necessary for the ,secretary to consider including such a safety opportunity or technology in a future roadmap2 and 7#d7 consideration of the benefits of consistency with other rating systems used-- 7,a7 within the ,united ,states2 and 7,b7 internationally4 7d7 ,considerations ,before finalizing a roadmap under this section1 the ,secretary shall-- 7#a7 make the roadmap available for public comment2 7#b7 review any public comments received under paragraph 7#a72 and 7#c7 incorporate in the roadmap under this section those comments1 as the ,secretary determines to be appropriate4 7e7 ,stakeholder engagement ,not less frequently than annually1 the ,secretary shall engage stakeholders that represent a diversity of technical backgrounds and viewpoints-- 7#a7 to identify-- 7,a7 safety opportunities or technologies in development that could be included in future roadmaps2 and 7,b7 opportunities to benefit from collaboration or harmonization with third-party safety rating programs2 7#b7 to assist with long-term planning2 7#c7 to provide an interim update of the status and development of the following roadmap to be established under subsection 7a72 and 7#d7 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 ,administration4 4 7#b7 ,clerical amendment ,the analysis for chapter #cbc of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cbcaj4 ,new ,car ,assessment ,program roadmap4 4 #bdbad4 ,hood and bumper standards 7a7 ,notice ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall issue a notice1 for purposes of public review and comment1 regarding potential updates to hood and bumper standards for motor vehicles 7as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code74 7b7 ,inclusions ,the notice under subsection 7a7 shall include information relating to-- 7#a7 the incorporation or consideration of advanced crash-avoidance technology in existing motor vehicle standards2 7#b7 the incorporation or consideration of standards or technologies to reduce the number of injuries and fatalities suffered by pedestrians1 bicyclists1 or other vulnerable road users2 7#c7 the development of performance test criteria for use by manufacturers in evaluating advanced crash-avoidance technology1 including technology relating to vulnerable road user safety2 7#d7 potential harmonization with global standards1 including ,united ,nations ,economic ,commission for ,europe ,regulation ,number #db2 and 7#e7 such other information and analyses as the ,secretary determines to be necessary4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that describes-- 7#a7 the current status of hood and bumper standards2 7#b7 relevant advanced crash-avoidance technology2 7#c7 actions needed to be carried out to develop performance test criteria2 and 7#d7 if applicable1 a plan for incorporating advanced crash-avoidance technology1 including technology relating to vulnerable road user safety1 in existing standards4 #bdbae4 ,emergency medical services and #i-a-a ,section #aeh7;a7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb7;a77 is amended by striking paragraph 7#d74 #bdbaf4 ,early warning reporting 7a7 ,in general ,section #cjaff7m77#c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,d7 ,settlements ,notwithstanding any order entered in a civil action restricting the disclosure of information1 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 subsection4 4 7b7 ,study and report ,not later than #ah months after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration shall-- 7#a7 conduct a study-- 7,a7 to evaluate the early warning reporting data submitted under section #cjaff7m7 of title #di1 ,united ,states ,code 7including regulations72 and 7,b7 to identify improvements1 if any1 that would enhance the use by the ,national ,highway ,traffic ,administration of early warning reporting data to enhance safety2 and 7#b7 submit to the ,committee on the ,committee on ,commerce1 ,science1 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 7#a71 including any recommendations for regulatory or legislative action4 #bdbag4 ,improved vehicle safety databases ,not later than #c years after the date of enactment of this ,act1 after consultation with frequent users of publicly available databases1 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-- 7#a7 to improve organization and functionality1 including design features such as drop-down menus2 7#b7 to allow data from applicable publicly accessible vehicle safety databases to be searched1 sorted1 aggregated1 and downloaded in a manner that-- 7,a7 is consistent with the public interest2 and 7,b7 facilitates easy use by consumers2 7#c7 to provide greater consistency in presentation of vehicle safety issues2 7#d7 to improve searchability regarding specific vehicles and issues1 which may include the standardization of commonly used search terms2 and 7#e7 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-- 7,a7 timely2 and 7,b7 searchable in databases by any element that the ,secretary determines to be in the public interest4 #bdbah4 ,national ,driver ,register ,advisory ,committee repeal 7a7 ,in general ,section #cjcjf of title #di1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for chapter #cjc of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #cjcjf4 #bdbai4 ,research on connected vehicle technology ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 in collaboration with the head of the ,intelligent ,transportation ,systems ,joint ,program ,office and the ,administrator of the ,federal ,highway ,administration1 shall-- 7#a7 not later than #ahj days after the date of enactment of this ,act1 expand vehicle-to-pedestrian research efforts focused on incorporating bicyclists and other vulnerable road users into the safe deployment of connected vehicle systems2 and 7#b7 not later than #b years after the date of enactment of this ,act1 submit to ,congress and make publicly available a report describing the findings of the research efforts described in paragraph 7#a71 including an analysis of the extent to which applications supporting vulnerable road users can be accommodated within existing spectrum allocations for connected vehicle systems4 #bdbbj4 ,advanced impaired driving technology 7a7 ,findings ,congress finds that-- 7#a7 alcohol-impaired driving fatalities represent approximately #a_/c of all highway fatalities in the ,united ,states each year2 7#b7 in #bjai1 there were #aj1adb alcohol-impaired driving fatalities in the ,united ,states involving drivers with a blood alcohol concentration level of 4#jh or higher1 and #fh percent of the crashes that resulted in those fatalities involved a driver with a blood alcohol concentration level of 4#ae or higher2 7#c7 the estimated economic cost for alcohol-impaired driving in #bjaj was #dd1jjj1jjj1jjj2 7#d7 according to the ,insurance ,institute for ,highway ,safety1 advanced drunk and impaired driving prevention technology can prevent more than #i1djj alcohol-impaired driving fatalities annually2 and 7#e7 to ensure the prevention of alcohol-impaired driving fatalities1 advanced drunk and impaired driving prevention technology must be standard equipment in all new passenger motor vehicles4 7b7 ,definitions ,in this section3 7#a7 ,advanced drunk and impaired driving prevention technology ,the term advanced drunk and impaired driving prevention technology means a system that-- 7,a7 can-- 7i7 passively monitor the performance of a driver of a motor vehicle to accurately identify whether that driver may be impaired2 and 7ii7 prevent or limit motor vehicle operation if an impairment is detected2 7,b7 can-- 7i7 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 #afc7;a7 of title #bc1 ,united ,states ,code2 and 7ii7 prevent or limit motor vehicle operation if a blood alcohol concentration above the legal limit is detected2 or 7,c7 is a combination of systems described in subparagraphs 7,a7 and 7,b74 7#b7 ,new ,the term new1 with respect to a passenger motor vehicle1 means that the passenger motor vehicle-- 7,a7 is a new vehicle 7as defined in section #cg4c of title #di1 ,code of ,federal ,regulations 7or a successor regulation772 and 7,b7 has not been purchased for purposes other than resale4 7#c7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given the term in section #cbaja of title #di1 ,united ,states ,code4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7c7 ,advanced drunk and impaired driving prevention technology safety standard ,subject to subsection 7e7 and not later than #c years after the date of enactment of this ,act1 the ,secretary shall issue a final rule prescribing a ,federal motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires passenger motor vehicles manufactured after the effective date of that standard to be equipped with advanced drunk and impaired driving prevention technology4 7d7 ,requirement ,to allow sufficient time for manufacturer compliance1 the compliance date of the rule issued under subsection 7c7 shall be not earlier than #b years and not more than #c years after the date on which that rule is issued4 7e7 ,timing ,if the ,secretary determines that the ,federal motor vehicle safety standard required under subsection 7c7 cannot meet the requirements and considerations described in subsections 7a7 and 7b7 of section #cjaaa of title #di1 ,united ,states ,code1 by the applicable date1 the ,secretary-- 7#a7 may extend the time period to such date as the ,secretary determines to be necessary1 but not later than the date that is #c years after the date described in subsection 7c72 7#b7 shall1 not later than the date described in subsection 7c7 and not less frequently than annually thereafter until the date on which the rule under that subsection is issued1 submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report describing1 as of the date of submission of the report-- 7,a7 the reasons for not prescribing a ,federal motor vehicle safety standard under section #cjaaa of title #di1 ,united ,states ,code1 that requires advanced drunk and impaired driving prevention technology in all new passenger motor vehicles2 7,b7 the deployment of advanced drunk and impaired driving prevention technology in vehicles2 7,c7 any information relating to the ability of vehicle manufacturers to include advanced drunk and impaired driving prevention technology in new passenger motor vehicles2 and 7,d7 an anticipated timeline for prescribing the ,federal motor vehicle safety standard described in subsection 7c72 and 7#c7 if the ,federal motor vehicle safety standard required by subsection 7c7 has not been finalized by the date that is #aj years after the date of enactment of this ,act1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representative a report describing-- 7,a7 the reasons why the ,federal motor vehicle safety standard has not been finalized2 7,b7 the barriers to finalizing the ,federal motor vehicle safety standard2 and 7,c7 recommendations to ,congress to facilitate the ,federal motor vehicle safety standard4 #bdbba4 ,,gao report on crash dummies 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct a study and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7#a7 examines-- 7,a7 the processes used by the ,national ,highway ,traffic ,safety ,administration 7referred to in this section as the ,administration7 for studying and deploying crash test dummies2 7,b7 7i7 the types of crash test dummies used by the ,administration as of the date of enactment of this ,act2 7ii7 the seating positions in which those crash test dummies are tested2 and 7iii7 whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics1 including sex1 and1 if so1 how the seating position affects those disparities2 7,c7 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 ,states1 including-- 7i7 females2 7ii7 the elderly2 7iii7 young adults2 7iv7 children2 and 7v7 individuals of differing body weights2 7,d7 how the ,administration determines whether to study and deploy new biofidelic crash test dummies1 including the biofidelic crash test dummies examined under subparagraph 7,c71 and the timelines by which the ,administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies2 7,e7 challenges the ,administration faces in studying and deploying new crash test dummies2 and 7,f7 how the practices of the ,administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public1 including the ,european ,new ,car ,assessment ,programme2 7#b7 evaluates potential improvements to the processes described in paragraph 7#a7 that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics1 including sex2 7#c7 analyzes the potential use of computer simulation techniques1 as a supplement to physical crash tests1 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 occupants2 and 7#d7 includes1 as applicable1 any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics1 including sex4 7b7 ,interim report from the ,administration ,not later than #ij days after the date of enactment of this ,act1 the ,administrator of the ,administration shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that-- 7#a7 identifies-- 7,a7 the types of crash test dummies used by the ,administration as of the date of enactment of this ,act with respect to-- 7i7 the ,new ,car ,assessment ,program of the ,administration2 and 7ii7 testing relating to ,federal ,motor ,vehicle ,safety ,standards2 7,b7 how each type of crash test dummy identified under subparagraph 7,a7 is tested with respect to seating position2 and 7,c7 any crash test dummies that the ,administration is actively evaluating for future use-- 7i7 in the ,new ,car ,assessment ,program of the ,administration2 or 7ii7 for testing relating to ,federal ,motor ,vehicle ,safety ,standards2 7#b7 explains-- 7,a7 the plans of the ,administration1 including the expected timelines1 for putting any crash test dummies identified under paragraph 7#a77;,c7 to use as described in that paragraph2 7,b7 any challenges to putting those crash test dummies to use2 and 7,c7 the potential use of computer simulation techniques1 as a supplement to physical crash tests1 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 occupants2 and 7#c7 provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics1 including sex4 #bdbbb4 ,child safety 7a7 ,amendment 7#a7 ,in general ,chapter #cbc of title #di1 ,united ,states ,code1 is amended by adding after section #cbcjd;,a the following3 #cbcjd;,b4 ,child safety 7a7 ,definitions ,in this section3 7#a7 ,passenger motor vehicle ,the term passenger motor vehicle has the meaning given that term in section #cbaja4 7#b7 ,rear-designated seating position ,the term rear-designated seating position means designated seating positions that are rearward of the front seat4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,rulemaking ,not later than #b years after the date of enactment of this section1 the ,secretary shall issue a final rule requiring all new passenger motor vehicles weighing less than #aj1jjj 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 operator4 7c7 ,means ,the alert required under subsection 7b7-- 7#a7 shall include a distinct auditory and visual alert1 which may be combined with a haptic alert2 and 7#b7 shall be activated when the vehicle motor is deactivated by the operator4 7d7 ,phase-in ,the rule issued pursuant to subsection 7b7 shall require full compliance with the rule beginning on ,september #ast of the first calendar year that begins #b years after the date on which the final rule is issued4 4 7#b7 ,clerical amendment ,the analysis for chapter #cbc of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cbcjd;,a the following3 #cbcjd;,b4 ,child safety4 4 7b7 ,awareness of children in motor vehicles ,section #djb of title #bc1 ,united ,states ,code 7as amended by section #bdajb7;a77#i771 is amended by adding at the end the following3 7o7 ,unattended passengers 7#a7 ,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 operator4 7#b7 ,program placement ,nothing in this subsection requires a ,state to carry out a program described in paragraph 7#a7 through the ,state transportation or highway safety office4 4 7c7 ,study and report 7#a7 ,study 7,a7 ,in general ,the ,secretary shall conduct a study on-- 7i7 the potential retrofitting of existing passenger motor vehicles with #a or more technologies that may address the problem of children left in rear-designated seating positions of motor vehicles after deactivation of the motor vehicles by an operator2 and 7ii7 the potential benefits and burdens1 logistical or economic1 associated with widespread use of those technologies4 7,b7 ,elements ,in carrying out the study under subparagraph 7,a71 the ,secretary shall-- 7i7 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 vehicle2 and 7ii7 provide recommendations-- 7,i7 for manufacturers of the technologies and products described in clause 7i7 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 conditions2 and 7,,ii7 for consumers on methods to select an appropriate technology or product described in clause 7i7 in order to retrofit existing vehicles4 7#b7 ,report by ,secretary ,not later than #ahj days after the date on which the ,secretary issues the final rule required by section #cbcjd;,b7b7 of title #di1 ,united ,states ,code 7as added by subsection 7a77#a771 the ,secretary shall submit a report describing the results of the study carried out under paragraph 7#a7 to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 ,v ,research and innovation #bejja4 ,intelligent ,transportation ,systems ,program ,advisory ,committee ,section #eae7;h7 of title #bc1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by inserting 7referred to in this subsection as the ,advisory ,committee7 after an ,advisory ,committee2 7#b7 in paragraph 7#b7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking #bj members and inserting #be members2 7,b7 in subparagraph 7,o7 7as redesignated by section #acjjh7;a77#b77-- 7i7 by striking utilities12 and 7ii7 by striking the period at the end and inserting a semicolon2 7,c7 by redesignating subparagraphs 7,f71 7,g71 7,h71 7,i71 7,j71 7,k71 7,l71 7,m71 7,n71 and 7,o7 7as added or redesignated by section #acjjh7;a77 as subparagraphs 7,h71 7,j71 7,k71 7,l71 7,m71 7,n71 7,o71 7,s71 7,t71 and 7,u71 respectively2 7,d7 by inserting after subparagraph 7,e7 7as redesignated by section #acjjh7;a77#b77 the following3 7,f7 a representative of a national transit association2 7,g7 a representative of a national1 ,state1 or local transportation agency or association2 2 7,e7 by inserting after subparagraph 7,h7 7as redesignated by subparagraph 7,c77 the following3 7,i7 a private sector developer of intelligent transportation system technologies1 which may include emerging vehicle technologies2 2 7,f7 by inserting after subparagraph 7,o7 7as so redesignated7 the following3 7,p7 a representative of a labor organization2 7,q7 a representative of a mobility-providing entity2 7,r7 an expert in traffic management2 2 and 7,g7 by adding at the end the following3 7,v7 an expert in cybersecurity2 and 7,w7 an automobile manufacturer4 2 7#c7 in paragraph 7#c7-- 7,a7 in subparagraph 7,a71 by striking section #ejh and inserting section #fejc of title #di2 and 7,b7 in subparagraph 7,b7-- 7i7 in the matter preceding clause 7i71 by inserting programs and before research2 and 7ii7 in clause 7iii71 by striking research and and inserting programs1 research1 and2 7#d7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#e7 through 7#g72 and 7#e7 by inserting after paragraph 7#b7 the following3 7#c7 ,term 7,a7 ,in general ,the term of a member of the ,advisory ,committee shall be #c years4 7,b7 ,renewal ,on expiration of the term of a member of the ,advisory ,committee1 the member-- 7i7 may be reappointed2 or 7ii7 if the member is not reappointed under clause 7i71 may serve until a new member is appointed4 7#d7 ,meetings ,the ,advisory ,committee-- 7,a7 shall convene not less frequently than twice each year2 and 7,b7 may convene with the use of remote video conference technology4 4 #bejjb4 ,smart ,community ,resource ,center 7a7 ,definitions ,in this section3 7#a7 ,resource center ,the term resource center means the ,smart ,community ,resource ,center established under subsection 7b74 7#b7 ,smart community ,the term smart community means a community that uses innovative technologies1 data1 analytics1 and other means to improve the community and address local challenges4 7b7 ,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 center1 to be known as the ,smart ,community ,resource ,center1 that includes a compilation of resources or links to resources for ,states and local communities to use in developing and implementing-- 7#a7 intelligent transportation system programs2 or 7#b7 smart community transportation programs4 7c7 ,inclusions ,the resource center shall include links to-- 7#a7 existing programs and resources for intelligent transportation system or smart community transportation programs1 including technical assistance1 education1 training1 funding1 and examples of intelligent transportation systems or smart community transportation programs implemented by ,states and local communities1 available from-- 7,a7 the ,department2 7,b7 other ,federal agencies2 and 7,c7 non-,federal sources2 7#b7 existing reports or databases with the results of intelligent transportation system or smart community transportation programs2 7#c7 any best practices developed or lessons learned from intelligent transportation system or smart community transportation programs2 and 7#d7 such other resources as the ,secretary determines to be appropriate4 7d7 ,deadline ,the ,secretary shall establish the resource center by the date that is #a year after the date of enactment of this ,act4 7e7 ,updates ,the ,secretary shall ensure that the resource center is updated on a regular basis4 #bejjc4 ,federal support for local decisionmaking 7a7 ,local outreach ,to determine the data analysis tools needed to assist local communities in making infrastructure decisions1 the ,director of the ,bureau of ,transportation ,statistics shall perform outreach to planning and infrastructure decision-making officials in units of local government and other units of government1 including a geographically diverse group of individuals from-- 7#a7 ,states2 7#b7 political subdivisions of ,states2 7#c7 cities2 7#d7 metropolitan planning organizations2 7#e7 regional transportation planning organizations2 and 7#f7 federally recognized ,indian ,tribes4 7b7 ,work plan 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 based on the outreach performed under subsection 7a71 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 decisions4 7#b7 ,contents ,based on the needs identified pursuant to the outreach performed under subsection 7a71 the work plan submitted under paragraph 7#a7 shall include-- 7,a7 a description of the data analysis tools identified that would benefit infrastructure decision-making by local governments and address the goals described in subsection 7c72 7,b7 a review of the datasets that local governments need to effectively use the data analysis tools described in subparagraph 7,a72 7,c7 an identification of existing or proposed data analysis tools that use publicly available data2 7,d7 the estimated cost of obtaining each dataset described in subparagraph 7,b72 7,e7 the estimated cost to develop the data analysis tools described in subparagraph 7,a72 7,f7 a prioritization for the development of data analysis tools described in subparagraph 7,a72 and 7,g7 a determination as to whether it would be appropriate for the ,federal ,government to develop the data analysis tools described in subparagraph 7,a74 7c7 ,goals 7#a7 ,in general ,a data analysis tool created pursuant to the work plan submitted under subsection 7b77#a7 shall be developed to help inform local communities in making infrastructure investments4 7#b7 ,specific issues ,a data analysis tool created pursuant to the work plan submitted under subsection 7b77#a7 shall be intended to help units of local government and other units of government address #a or more of the following3 7,a7 ,improving maintenance of existing assets4 7,b7 ,rebuilding infrastructure to a state of good repair4 7,c7 ,creating economic development through infrastructure development4 7,d7 ,establishing freight plans and infrastructure that connects the community to supply chains4 7,e7 ,increasing options for communities that lack access to affordable transportation to improve access to jobs1 affordable housing1 schools1 medical services1 foods and other essential community services4 7,f7 ,reducing congestion4 7,g7 ,improving community resilience to extreme weather events4 7,h7 ,any other subject1 as the ,director determines to be necessary4 7d7 ,implementation ,subject to the availability of appropriations1 the ,secretary shall develop data analysis tools and purchase datasets as prioritized in the work plan4 7e7 ,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 7a74 #bejjd4 ,bureau of ,transportation ,statistics 7a7 ,funding ,in addition to amounts made available from the ,highway ,trust ,fund1 there is authorized to be appropriated to the ,secretary for use by the ,bureau of ,transportation ,statistics for data collection and analysis activities #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,amendment ,section #fcjb7;b77#c77;,b77vi7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subclause 7,v72 7#b7 by redesignating subclauses 7,,vi7 through 7,,xi7 as subclauses 7,,vii7 through 7,,xii71 respectively2 and 7#c7 by adding after subclause 7,,iv7 the following3 7,v7 employment in the transportation sector2 7,,vi7 the effects of the transportation system1 including advanced technologies and automation1 on global and domestic economic competitiveness2 4 #bejje4 ,strengthening mobility and revolutionizing transportation grant program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a political subdivision of a ,state2 7,c7 a ,tribal government2 7,d7 a public transit agency or authority2 7,e7 a public toll authority2 7,f7 a metropolitan planning organization2 and 7,g7 a group of #b or more eligible entities described in any of subparagraphs 7,a7 through 7,f7 applying through a single lead applicant4 7#b7 ,eligible project ,the term eligible project means a project described in subsection 7e74 7#c7 ,large community ,the term large community means a community with a population of not less than #djj1jjj individuals1 as determined under the most recent annual estimate of the ,bureau of the ,census4 7#d7 ,midsized community ,the term midsized community means any community that is not a large community or a rural community4 7#e7 ,regional partnership ,the term regional partnership means a partnership composed of #b or more eligible entities located in jurisdictions with a combined population that is equal to or greater than the population of any midsized community4 7#f7 ,rural community ,the term rural community means a community that is located in an area that is outside of an urbanized area 7as defined in section #ecjb of title #di1 ,united ,states ,code74 7#g7 ,,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 7b74 7b7 ,establishment of program ,the ,secretary shall establish a program1 to be known as the ,strengthening ,mobility and ,revolutionizing ,transportation ,grant ,program1 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 safety4 7c7 ,distribution ,in determining the projects for which to provide a ,,smart grant1 the ,secretary shall consider contributions to geographical diversity among grant recipients1 including the need for balancing the needs of rural communities1 midsized communities1 and large communities1 consistent with the requirements of subparagraphs 7,a7 through 7,c7 of subsection 7g77#a74 7d7 ,applications 7#a7 ,in general ,an eligible entity may submit to the ,secretary an application for a ,,smart grant at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,transparency ,the ,secretary shall include1 in any notice of funding availability relating to ,,smart grants1 a full description of the method by which applications under paragraph 7#a7 will be evaluated4 7#c7 ,selection criteria 7,a7 ,in general ,the ,secretary shall evaluate applications for ,,smart grants based on-- 7i7 the extent to which the eligible entity or applicable beneficiary community-- 7,i7 has a public transportation system or other transit options capable of integration with other systems to improve mobility and efficiency2 7,,ii7 has a population density and transportation needs conducive to demonstrating proposed strategies2 7,,iii7 has continuity of committed leadership and the functional capacity to carry out the proposed project2 7,,iv7 is committed to open data sharing with the public2 and 7,v7 is likely to successfully implement the proposed eligible project1 including through technical and financial commitments from the public and private sectors2 and 7ii7 the extent to which a proposed eligible project will use advanced data1 technology1 and applications to provide significant benefits to a local area1 a ,state1 a region1 or the ,united ,states1 including the extent to which the proposed eligible project will-- 7,i7 reduce congestion and delays for commerce and the traveling public2 7,,ii7 improve the safety and integration of transportation facilities and systems for pedestrians1 bicyclists1 and the broader traveling public2 7,,iii7 improve access to jobs1 education1 and essential services1 including health care2 7,,iv7 connect or expand access for underserved or disadvantaged populations and reduce transportation costs2 7,v7 contribute to medium- and long-term economic competitiveness2 7,,vi7 improve the reliability of existing transportation facilities and systems2 7,,vii7 promote connectivity between and among connected vehicles1 roadway infrastructure1 pedestrians1 bicyclists1 the public1 and transportation systems 7,,viii7 incentivize private sector investments or partnerships1 including by working with mobile and fixed telecommunication service providers1 to the extent practicable2 7,,ix7 improve energy efficiency or reduce pollution2 7,x7 increase the resiliency of the transportation system2 and 7,,xi7 improve emergency response4 7,b7 ,priority ,in providing ,,smart grants1 the ,secretary shall give priority to applications for eligible projects that would-- 7i7 demonstrate smart city or community technologies in repeatable ways that can rapidly be scaled2 7ii7 encourage public and private sharing of data and best practices2 7iii7 encourage private-sector innovation by promoting industry-driven technology standards1 open platforms1 technology-neutral requirements1 and interoperability2 7iv7 promote a skilled workforce that is inclusive of minority or disadvantaged groups2 7v7 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 practices2 7vi7 encourage the adoption of smart city or community technologies by communities2 7vii7 promote industry practices regarding cybersecurity2 and 7viii7 safeguard individual privacy4 7#d7 ,technical assistance ,on request of an eligible entity that submitted an application under paragraph 7#a7 with respect to a project that is not selected for a ,,smart grant1 the ,secretary shall provide to the eligible entity technical assistance and briefings relating to the project4 7e7 ,use of grant funds 7#a7 ,eligible projects 7,a7 ,in general ,a ,,smart grant may be used to carry out a project that demonstrates at least #a of the following3 7i7 ,coordinated automation ,the use of automated transportation and autonomous vehicles1 while working to minimize the impact on the accessibility of any other user group or mode of travel4 7ii7 ,connected vehicles ,vehicles that send and receive information regarding vehicle movements in the network and use vehicle-to-vehicle and vehicle-to-everything communications to provide advanced and reliable connectivity4 7iii7 ,intelligent1 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 performance4 7iv7 ,systems integration ,the integration of intelligent transportation systems with other existing systems and other advanced transportation technologies4 7v7 ,commerce delivery and logistics ,innovative data and technological solutions supporting efficient goods movement1 such as connected vehicle probe data1 road weather data1 or global positioning data to improve on-time pickup and delivery1 improved travel time reliability1 reduced fuel consumption and emissions1 and reduced labor and vehicle maintenance costs4 7vi7 ,leveraging use of innovative aviation technology ,leveraging the use of innovative aviation technologies1 such as unmanned aircraft systems1 to support transportation safety and efficiencies1 including traffic monitoring and infrastructure inspection4 7vii7 ,smart grid ,development of a programmable and efficient energy transmission and distribution system to support the adoption or expansion of energy capture1 electric vehicle deployment1 or freight or commercial fleet fuel efficiency4 7viii7 ,smart technology traffic signals ,improving the active management and functioning of traffic signals1 including through-- 7,i7 the use of automated traffic signal performance measures2 7,,ii7 implementing strategies1 activities1 and projects that support active management of traffic signal operations1 including through optimization of corridor timing1 improved vehicle1 pedestrian1 and bicycle detection at traffic signals1 or the use of connected vehicle technologies2 7,,iii7 replacing outdated traffic signals2 or 7,,iv7 for an eligible entity serving a population of less than #ejj1jjj1 paying the costs of temporary staffing hours dedicated to updating traffic signal technology4 7#b7 ,eligible project costs ,a ,,smart grant may be used for-- 7,a7 development phase activities1 including-- 7i7 planning2 7ii7 feasibility analyses2 7iii7 revenue forecasting2 7iv7 environmental review2 7v7 permitting2 7vi7 preliminary engineering and design work2 7vii7 systems development or information technology work2 and 7viii7 acquisition of real property 7including land and improvements to land relating to an eligible project72 and 7,b7 construction phase activities1 including-- 7i7 construction2 7ii7 reconstruction2 7iii7 rehabilitation2 7iv7 replacement2 7v7 environmental mitigation2 7vi7 construction contingencies2 and 7vii7 acquisition of equipment1 including vehicles4 7#c7 ,prohibited uses ,a ,,smart grant shall not be used-- 7,a7 to reimburse any preaward costs or application preparation costs of the ,,smart grant application2 7,b7 for any traffic or parking enforcement activity2 or 7,c7 to purchase or lease a license plate reader4 7f7 ,reports 7#a7 ,eligible entities ,not later than #b years after the date on which an eligible entity receives a ,,smart grant1 and annually thereafter until the date on which the ,,smart grant is expended1 the eligible entity shall submit to the ,secretary an implementation report that describes-- 7,a7 the deployment and operational costs of each eligible project carried out by the eligible entity1 as compared to the benefits and savings from the eligible project2 and 7,b7 the means by which each eligible project carried out by the eligible entity has met the original expectation1 as projected in the ,,smart grant application1 including-- 7i7 data describing the means by which the eligible project met the specific goals for the project1 such as-- 7,i7 reducing traffic-related fatalities and injuries2 7,,ii7 reducing traffic congestion or improving travel-time reliability2 7,,iii7 providing the public with access to real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 or 7,,iv7 reducing barriers or improving access to jobs1 education1 or various essential services2 7ii7 the effectiveness of providing to the public real-time integrated traffic1 transit1 and multimodal transportation information to make informed travel decisions2 and 7iii7 lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance4 7#b7 ,,gao ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall conduct1 and submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report describing the results of1 a review of the ,,smart grant program under this section4 7#c7 ,secretary 7,a7 ,report to ,congress ,not later than #b years after the date on which the initial ,,smart grants are provided under this section1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate1 the ,committee on ,energy and ,commerce of the ,house of ,representatives1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that-- 7i7 describes each eligible entity that received a ,,smart grant2 7ii7 identifies the amount of each ,,smart grant provided2 7iii7 summarizes the intended uses of each ,,smart grant2 7iv7 describes the effectiveness of eligible entities in meeting the goals described in the ,,smart grant application of the eligible entity1 including an assessment or measurement of the realized improvements or benefits resulting from each ,,smart grant2 and 7v7 describes lessons learned and recommendations for future deployment strategies to optimize transportation efficiency and multimodal system performance4 7,b7 ,best practices ,the ,secretary shall-- 7i7 develop and regularly update best practices based on1 among other information1 the data1 lessons learned1 and feedback from eligible entities that received ,,smart grants2 7ii7 publish the best practices under clause 7i7 on a publicly available website2 and 7iii7 update the best practices published on the website under clause 7ii7 regularly4 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,secretary #ajj1jjj1jjj for each of the first #e fiscal years beginning after the date of enactment of this ,act1 of which-- 7,a7 not more than #dj percent shall be used to provide ,,smart grants for eligible projects that primarily benefit large communities2 7,b7 not more than #cj percent shall be provided for eligible projects that primarily benefit midsized communities2 and 7,c7 not more than #cj percent shall be used to provide ,,smart grants for eligible projects that primarily benefit rural communities or regional partnerships4 7#b7 ,administrative costs ,of the amounts made available under paragraph 7#a7 for each fiscal year1 not more than #b percent shall be used for administrative costs of the ,secretary in carrying out this section4 7#c7 ,limitation ,an eligible entity may not use more than #c percent of the amount of a ,,smart grant for each fiscal year to achieve compliance with applicable planning and reporting requirements4 7#d7 ,availability ,the amounts made available for a fiscal year pursuant to this subsection shall be available for obligation during the #b-;fiscal-year period beginning on the first day of the fiscal year for which the amounts were appropriated4 #bejjf4 ,electric vehicle working group 7a7 ,definitions ,in this section3 7#a7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary2 and 7,b7 the ,secretary of ,energy4 7#b7 ,working group ,the term working group means the electric vehicle working group established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall jointly establish an electric vehicle working group to make recommendations regarding the development1 adoption1 and integration of light-1 medium-1 and heavy-duty electric vehicles into the transportation and energy systems of the ,united ,states4 7#b7 ,membership 7,a7 ,in general ,the working group shall be composed of-- 7i7 the ,secretaries 7or designees71 who shall be cochairs of the working group2 and 7ii7 not more than #be members1 to be appointed by the ,secretaries1 of whom-- 7,i7 not more than #f shall be ,federal stakeholders as described in subparagraph 7,b72 and 7,,ii7 not more than #ai shall be non-,federal stakeholders as described in subparagraph 7,c74 7,b7 ,federal stakeholders ,the working group-- 7i7 shall include not fewer than #a representative of each of-- 7,i7 the ,department2 7,,ii7 the ,department of ,energy2 7,,iii7 the ,environmental ,protection ,agency2 7,,iv7 the ,council on ,environmental ,quality2 and 7,v7 the ,general ,services ,administration2 and 7ii7 may include a representative of any other ,federal agency the ,secretaries consider to be appropriate4 7,c7 ,non-,federal stakeholders 7i7 ,in general ,subject to clause 7ii71 the working group-- 7,i7 shall include not fewer than #a representative of each of-- 7aa7 a manufacturer of light-duty electric vehicles or the relevant components of light-duty electric vehicles2 7bb7 a manufacturer of medium- and heavy-duty vehicles or the relevant components of medium- and heavy-duty electric vehicles2 7cc7 a manufacturer of electric vehicle batteries2 7dd7 an owner1 operator1 or manufacturer of electric vehicle charging equipment2 7ee7 the public utility industry2 7ff7 a public utility regulator or association of public utility regulators2 7gg7 the transportation fueling distribution industry2 7hh7 the energy provider industry2 7ii7 the automotive dealing industry2 7jj7 the for-hire passenger transportation industry2 7kk7 an organization representing units of local government2 7ll7 an organization representing regional transportation or planning agencies2 7mm7 an organization representing ,state departments of transportation2 7nn7 an organization representing ,state departments of energy or ,state energy planners2 7oo7 the intelligent transportation systems and technologies industry2 7pp7 labor organizations representing workers in transportation manufacturing1 construction1 or operations2 7qq7 the trucking industry2 7rr7 ,tribal governments2 and 7ss7 the property development industry2 and 7,,ii7 may include a representative of any other non-,federal stakeholder that the ,secretaries consider to be appropriate4 7ii7 ,requirement ,the stakeholders selected under clause 7i7 shall1 in the aggregate-- 7,i7 consist of individuals with a balance of backgrounds1 experiences1 and viewpoints2 and 7,,ii7 include individuals that represent geographically diverse regions of the ,united ,states1 including individuals representing the perspectives of rural1 urban1 and suburban areas4 7,d7 ,compensation ,a member of the working group shall serve without compensation4 7#c7 ,meetings 7,a7 ,in general ,the working group shall meet not less frequently than once every #abj days4 7,b7 ,remote participation ,a member of the working group may participate in a meeting of the working group via teleconference or similar means4 7#d7 ,coordination ,in carrying out the duties of the working group1 the working group shall coordinate and consult with any existing ,federal interagency working groups on fleet conversion or other similar matters relating to electric vehicles4 7c7 ,reports and strategy on electric vehicle adoption 7#a7 ,working group reports ,the working group shall complete by each of the deadlines described in paragraph 7#b7 a report describing the status of electric vehicle adoption including-- 7,a7 a description of the barriers and opportunities to scaling up electric vehicle adoption throughout the ,united ,states1 including recommendations for issues relating to-- 7i7 consumer behavior2 7ii7 charging infrastructure needs1 including standardization and cybersecurity2 7iii7 manufacturing and battery costs1 including the raw material shortages for batteries and electric motor magnets2 7iv7 the adoption of electric vehicles for low- and moderate-income individuals and underserved communities1 including charging infrastructure access and vehicle purchase financing2 7v7 business models for charging personal electric vehicles outside the home1 including wired and wireless charging2 7vi7 charging infrastructure permitting and regulatory issues2 7vii7 the connections between housing and transportation costs and emissions2 7viii7 freight transportation1 including local1 port and drayage1 regional1 and long-haul trucking2 7ix7 intercity passenger travel2 7x7 the process by which governments collect a user fee for the contribution of electric vehicles to funding roadway improvements2 7xi7 ,state- and local-level policies1 incentives1 and zoning efforts2 7xii7 the installation of highway corridor signage2 7xiii7 secondary markets and recycling for batteries2 7xiv7 grid capacity and integration2 7xv7 energy storage2 and 7xvi7 specific regional or local issues that may not appear to apply throughout the ,united ,states1 but may hamper nationwide adoption or coordination of electric vehicles2 7,b7 examples of successful public and private models and demonstration projects that encourage electric vehicle adoption2 7,c7 an analysis of current efforts to overcome the barriers described in subparagraph 7,a72 7,d7 an analysis of the estimated costs and benefits of any recommendations of the working group2 and 7,e7 any other topics1 as determined by the working group4 7#b7 ,deadlines ,a report under paragraph 7#a7 shall be submitted to the ,secretaries1 the ,committees on ,commerce1 ,science1 and ,transportation and ,appropriations of the ,senate and the ,committees on ,transportation and ,infrastructure and ,appropriations of the ,house of ,representatives-- 7,a7 in the case of the first report1 by not later than #ah months after the date on which the working group is established under subsection 7b77#a72 7,b7 in the case of the second report1 by not later than #b years after the date on which the first report is required to be submitted under subparagraph 7,a72 and 7,c7 in the case of the third report1 by not later than #b years after the date on which the second report is required to be submitted under subparagraph 7,b74 7#c7 ,strategy 7,a7 ,in general ,based on the reports submitted by the working group under paragraph 7#a71 the ,secretaries shall jointly develop1 maintain1 and update a strategy that describes the means by which the ,federal ,government1 ,states1 units of local government1 and industry can-- 7i7 establish quantitative targets for transportation electrification2 7ii7 overcome the barriers described in paragraph 7#a77;,a72 7iii7 identify areas of opportunity in research and development to improve battery manufacturing1 mineral mining1 recycling costs1 material recovery1 fire risks1 and battery performance for electric vehicles2 7iv7 enhance ,federal interagency coordination to promote electric vehicle adoption2 7v7 prepare the workforce for the adoption of electric vehicles1 including through collaboration with labor unions1 educational institutions1 and relevant manufacturers2 7vi7 expand electric vehicle and charging infrastructure2 7vii7 expand knowledge of the benefits of electric vehicles among the general public2 7viii7 maintain the global competitiveness of the ,united ,states in the electric vehicle and charging infrastructure markets2 7ix7 provide clarity in regulations to improve national uniformity with respect to electric vehicles2 and 7x7 ensure the sustainable integration of electric vehicles into the national electric grid4 7,b7 ,notice and comment ,in carrying out subparagraph 7,a71 the ,secretaries shall provide public notice and opportunity for comment on the strategy described in that subparagraph4 7#d7 ,information 7,a7 ,in general ,the ,secretaries may enter into an agreement with the ,transportation ,research ,board of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine to provide1 track1 or report data1 information1 or research to assist the working group in carrying out paragraph 7#a74 7,b7 ,use of existing information ,in developing a report under paragraph 7#a7 or a strategy under paragraph 7#c71 the ,secretaries and the working group shall take into consideration existing ,federal1 ,state1 local1 private sector1 and academic data and information relating to electric vehicles and1 to the maximum extent practicable1 coordinate with the entities that publish that information-- 7i7 to prevent duplication of efforts by the ,federal ,government2 and 7ii7 to leverage existing information and complementary efforts4 7d7 ,coordination ,to the maximum extent practicable1 the ,secretaries and the working group shall carry out this section using all available existing resources1 websites1 and databases of ,federal agencies1 such as-- 7#a7 the ,alternative ,fuels ,data ,center2 7#b7 the ,energy ,efficient ,mobility ,systems program2 and 7#c7 the ,clean ,cities ,coalition ,network4 7e7 ,termination ,the working group shall terminate on submission of the third report required under subsection 7c77#b77;,c74 #bejjg4 ,risk and system resilience 7a7 ,in general ,the ,secretary1 in consultation with appropriate ,federal1 ,state1 and local agencies1 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-- 7#a7 resilience to threat probabilities by type of hazard and geographical location2 7#b7 resilience to asset vulnerabilities with respect to each applicable threat2 and 7#c7 anticipated consequences from each applicable threat to each asset4 7b7 ,use by ,state1 regional1 ,tribal1 and local entities 7#a7 ,in general ,the ,secretary shall provide the process developed under subsection 7a7 to ,state departments of transportation1 metropolitan planning organizations1 ,indian ,tribes1 local governments1 and other relevant entities4 7#b7 ,guidance and technical assistance ,the ,secretary shall provide to the entities described in paragraph 7#a7 guidance and technical assistance on the use of the process referred to in that paragraph4 7c7 ,research 7#a7 ,in general ,the ,secretary shall-- 7,a7 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 resilience2 and 7,b7 build on existing resilience research1 including studies conducted by-- 7i7 the ,transportation ,research ,board of the ,national ,academies of ,sciences1 ,engineering1 and ,medicine2 and 7ii7 the ,national ,institute of ,standards and ,technology4 7#b7 ,use of existing facilities ,in carrying out paragraph 7#a71 the ,secretary shall use existing research facilities available to the ,secretary1 including the ,turner-,fairbank ,highway ,research ,center and ,university ,transportation ,centers established under section #eeje of title #di1 ,united ,states ,code4 #bejjh4 ,coordination on emerging transportation technology 7a7 ,in general ,subchapter ,i of chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cac4 ,nontraditional and ,emerging ,transportation ,technology ,council 7a7 ,establishment ,not later than #ahj days after the date of enactment of this section1 the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish a council1 to be known as the ,nontraditional and ,emerging ,transportation ,technology ,council 7referred to in this section as the ,council71 to address coordination on emerging technology issues across all modes of transportation4 7b7 ,membership 7#a7 ,in general ,the ,council shall be composed of-- 7,a7 the ,secretary1 who shall serve as an ex officio member of the ,council2 7,b7 the ,deputy ,secretary of ,transportation2 7,c7 the ,under ,secretary of ,transportation for ,policy2 7,d7 the ,assistant ,secretary for ,research and ,technology of the ,department of ,transportation2 7,e7 the ,assistant ,secretary for ,budget and ,programs of the ,department of ,transportation2 7,f7 the ,general ,counsel of the ,department of ,transportation2 7,g7 the ,chief ,information ,officer of the ,department of ,transportation2 7,h7 the ,administrator of the ,federal ,aviation ,administration2 7,i7 the ,administrator of the ,federal ,highway ,administration2 7,j7 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration2 7,k7 the ,administrator of the ,federal ,railroad ,administration2 7,l7 the ,administrator of the ,federal ,transit ,administration2 7,m7 the ,administrator of the ,maritime ,administration2 7,n7 the ,administrator of the ,national ,highway ,traffic ,safety ,administration2 7,o7 the ,administrator of the ,pipeline and ,hazardous ,materials ,safety ,administration2 and 7,p7 any other official of the ,department of ,transportation1 as determined by the ,secretary4 7#b7 ,chair and ,vice ,chair 7,a7 ,chair ,the ,deputy ,secretary of ,transportation 7or a designee7 shall serve as ,chair of the ,council4 7,b7 ,vice ,chair ,the ,under ,secretary of ,transportation for ,policy 7or a designee7 shall serve as ,vice ,chair of the ,council4 7c7 ,duties ,the ,council shall-- 7#a7 identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies1 modes1 or projects pending or brought before the ,department of ,transportation to reduce1 to the maximum extent practicable1 impediments to the prompt and safe deployment of new and innovative transportation technology1 including with respect to-- 7,a7 safety oversight2 7,b7 environmental review2 and 7,c7 funding and financing issues2 7#b7 coordinate the response of the ,department of ,transportation to nontraditional and emerging transportation technology projects2 7#c7 engage with stakeholders in nontraditional and emerging transportation technology projects2 and 7#d7 develop and establish ,department of ,transportation-wide processes1 solutions1 and best practices for identifying and managing nontraditional and emerging transportation technology projects4 7d7 ,best practices ,not later than #a year after the date of enactment of this section1 the ,council shall-- 7#a7 publish initial guidelines to achieve the purposes described in subsection 7c77#d72 and 7#b7 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 ,council4 7e7 ,support ,the ,office of the ,secretary shall provide support for the ,council4 7f7 ,meetings ,the ,council shall meet not less frequently than #d times per year1 at the call of the ,chair4 7g7 ,lead modal administration ,for each nontraditional or emerging transportation technology1 mode1 or project associated with a jurisdictional or regulatory gap or inconsistency identified under subsection 7c77#a71 the ,chair of the ,council shall-- 7#a7 designate a lead modal administration of the ,department of ,transportation for review of the technology1 mode1 or project2 and 7#b7 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 expertise4 7h7 ,transparency ,not later than #a year after the date of establishment of the ,council1 and not less frequently than annually thereafter until ,december #ca1 #bjbf1 the ,council shall post on a publicly accessible website a report describing the activities of the ,council during the preceding calendar year4 4 7b7 ,clerical amendment ,the analysis for subchapter ,i of chapter #c of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cac4 ,nontraditional and ,emerging ,transportation ,technology ,council4 4 #bejji4 ,interagency ,infrastructure ,permitting ,improvement ,center 7a7 ,in general ,section #ajb of title #di1 ,united ,states ,code 7as amended by section #adjji71 is amended-- 7#a7 in subsection 7a71 by inserting 7referred to in this section as the ,department7 after ,transportation2 7#b7 in subsection 7b71 in the first sentence1 by inserting 7referred to in this section as the ,secretary7 after ,transportation2 7#c7 by redesignating subsection 7h7 as subsection 7i72 and 7#d7 by inserting after subsection 7g7 the following3 7h7 ,interagency ,infrastructure ,permitting ,improvement ,center 7#a7 ,definitions ,in this subsection3 7,a7 ,center ,the term ,center means the ,interagency ,infrastructure ,permitting ,improvement ,center established by paragraph 7#b74 7,b7 ,project ,the term project means a project authorized or funded under-- 7i7 this title2 or 7ii7 title #ad1 #bc1 #df1 or #ea4 7#b7 ,establishment ,there is established within the ,office of the ,secretary a center1 to be known as the ,interagency ,infrastructure ,permitting ,improvement ,center4 7#c7 ,purposes ,the purposes of the ,center shall be-- 7,a7 to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects1 including-- 7i7 developing and deploying information technology tools to track project schedules and metrics2 and 7ii7 improving the transparency and accountability of the permitting process2 7,b7 7i7 to identify appropriate methods to assess environmental impacts2 and 7ii7 to develop innovative methods for reasonable mitigation2 7,c7 to reduce uncertainty and delays with respect to environmental reviews and permitting2 and 7,d7 to reduce costs and risks to taxpayers in project delivery4 7#d7 ,executive ,director ,the ,center shall be headed by an ,executive ,director1 who shall-- 7,a7 report to the ,under ,secretary of ,transportation for ,policy2 7,b7 be responsible for the management and oversight of the daily activities1 decisions1 operations1 and personnel of the ,center2 and 7,c7 carry out such additional duties as the ,secretary may prescribe4 7#e7 ,duties ,the ,center shall carry out the following duties3 7,a7 ,coordinate and support implementation of priority reform actions for ,federal agency permitting and reviews4 7,b7 ,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 projects4 7,c7 ,provide technical assistance and training to ,department staff on policy changes1 innovative approaches to project delivery1 and other topics1 as appropriate4 7,d7 ,identify1 develop1 and track metrics for timeliness of permit reviews1 permit decisions1 and project outcomes4 7,e7 ,administer and expand the use of online transparency tools providing for-- 7i7 tracking and reporting of metrics2 7ii7 development and posting of schedules for permit reviews and permit decisions2 7iii7 the sharing of best practices relating to efficient project permitting and reviews2 and 7iv7 the visual display of relevant geospatial data to support the permitting process4 7,f7 ,submit to the ,secretary reports describing progress made toward achieving-- 7i7 greater efficiency in permitting decisions and review of infrastructure projects2 and 7ii7 better outcomes for communities and the environment4 7#f7 ,innovative best practices 7,a7 ,in general ,the ,center shall work with the operating administrations within the ,department1 eligible entities1 and other public and private interests to develop and promote best practices for innovative project delivery4 7,b7 ,activities ,the ,center shall support the ,department and operating administrations in conducting environmental reviews and permitting1 together with project sponsor technical assistance activities1 by-- 7i7 carrying out activities that are appropriate and consistent with the goals and policies of the ,department to improve the delivery timelines for projects2 7ii7 serving as the ,department liaison to-- 7,i7 the ,council on ,environmental ,quality2 and 7,,ii7 the ,federal ,permitting ,improvement ,steering ,council established by section #dajjb7;a7 of the ,fixing ,america's ,surface ,transportation ,act 7#db ,u4,s4,c4 #dcgjm-#a7;a772 7iii7 supporting the ,national ,surface ,transportation and ,innovative ,finance ,bureau 7referred to in this paragraph as the ,bureau7 in implementing activities to improve delivery timelines1 as described in section #aaf7;f71 for projects carried out under the programs described in section #aaf7;d77#a7 for which the ,bureau administers the application process2 7iv7 leading activities to improve delivery timelines for projects carried out under programs not administered by the ,bureau by-- 7,i7 coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process2 7,,ii7 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 projects2 and 7,,iii7 identifying1 developing1 and tracking metrics for permit reviews and decisions by ,federal agencies for projects under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,c7 ,,nepa compliance assistance 7i7 ,in general ,subject to clause 7ii71 at the request of an entity that is carrying out a project1 the ,center1 in coordination with the appropriate operating administrations within the ,department1 shall provide technical assistance relating to compliance with the applicable requirements of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 and applicable ,federal authorizations4 7ii7 ,assistance from the ,bureau ,for projects carried out under the programs described in section #aaf7;d77#a7 for which the ,bureau administers the application process1 the ,bureau1 on request of the entity carrying out the project1 shall provide the technical assistance described in clause 7i74 4 7b7 ,conforming amendment ,section #aaf7;f77#b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking subparagraph 7,a72 and 7#b7 by redesignating subparagraphs 7,b7 through 7,d7 and subparagraphs 7,a7 through 7,c71 respectively4 #bejaj4 ,rural opportunities to use transportation for economic success initiative 7a7 ,definitions ,in this section3 7#a7 ,build ,america ,bureau ,the term ,build ,america ,bureau means the ,national ,surface ,transportation and ,innovative ,finance ,bureau established under section #aaf of title #di1 ,united ,states ,code4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,,routes ,council ,the term ,,routes ,council means the ,rural ,opportunities to ,use ,transportation for ,economic ,success ,council established by subsection 7c77#a74 7#d7 ,,routes ,office ,the term ,,routes ,office means the ,rural ,opportunities to ,use ,transportation for ,economic ,success ,office established by subsection 7b77#a74 7b7 ,routes ,office 7#a7 ,in general ,the ,secretary shall establish within the ,department the ,rural ,opportunities to ,use ,transportation for ,economic ,success ,office-- 7,a7 to improve analysis of projects from rural areas1 ,indian ,tribes1 and historically disadvantaged communities in rural areas applying for ,department discretionary grants1 including ensuring that project costs1 local resources1 and the larger benefits to the people and the economy of the ,united ,states are appropriately considered2 and 7,b7 to provide rural communities1 ,indian ,tribes1 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 manner4 7#b7 ,objectives ,the ,,routes ,office shall-- 7,a7 collect input from knowledgeable entities and the public on-- 7i7 the benefits of rural and ,tribal transportation projects2 7ii7 the technical and financial assistance required for constructing and operating transportation infrastructure and services within rural areas and on the land of ,indian ,tribes2 7iii7 barriers and opportunities to funding transportation projects in rural areas and on the land of ,indian ,tribes2 and 7iv7 unique transportation barriers and challenges faced by ,indian ,tribes and historically disadvantaged communities in rural areas2 7,b7 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 goals2 7,c7 provide education and technical assistance to rural communities and ,indian ,tribes about applicable ,department discretionary grants1 develop effective methods to evaluate projects in those communities in discretionary grant programs1 and communicate those methods through program guidance2 7,d7 carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas and ,indian ,tribes2 and 7,e7 perform such other duties as determined by the ,secretary4 7c7 ,routes ,council 7#a7 ,in general ,the ,secretary shall establish a ,rural ,opportunities to ,use ,transportation for ,economic ,success ,council-- 7,a7 to organize1 guide1 and lead the ,,routes ,office2 and 7,b7 to coordinate rural-related and ,tribal-related funding programs and assistance among the modal administrations of the ,department1 the offices of the ,department1 and other ,federal agencies1 as appropriate-- 7i7 to ensure that the unique transportation needs and attributes of rural areas and ,indian ,tribes are fully addressed during the development and implementation of programs1 policies1 and activities of the ,department2 7ii7 to increase coordination of programs1 policies1 and activities of the ,department in a manner that improves and expands transportation infrastructure in order to further economic development in1 and the quality of life of1 rural areas and ,indian ,tribes2 and 7iii7 to provide rural areas and ,indian ,tribes with proactive outreach-- 7,i7 to improve access to discretionary funding and financing programs2 and 7,,ii7 to facilitate timely resolution of environmental reviews for complex or high-priority projects4 7#b7 ,membership 7,a7 ,in general ,the ,,routes ,council shall be composed of the following officers of the ,department1 or their designees3 7i7 ,the ,deputy ,secretary of ,transportation4 7ii7 ,the ,under ,secretary of ,transportation for ,policy4 7iii7 ,the ,general ,counsel4 7iv7 ,the ,chief ,financial ,officer and ,assistant ,secretary for ,budget and ,programs4 7v7 ,the ,assistant ,secretary for ,research and ,technology4 7vi7 ,the ,assistant ,secretary for ,multimodal ,freight4 7vii7 ,the ,administrators of-- 7,i7 the ,federal ,aviation ,administration2 7,,ii7 the ,federal ,highway ,administration2 7,,iii7 the ,federal ,railroad ,administration2 and 7,,iv7 the ,federal ,transit ,administration4 7viii7 ,the ,executive ,director of the ,build ,america ,bureau4 7ix7 ,the ,assistant ,secretary for ,governmental ,affairs4 7x7 ,the ,assistant ,secretary for ,transportation ,policy4 7xi7 ,the ,deputy ,assistant ,secretary for ,tribal ,government ,affairs4 7,b7 ,chair ,the ,deputy ,secretary of ,transportation shall be the ,chair of the ,,routes ,council4 7,c7 ,additional members ,the ,secretary or the ,chair of the ,,routes ,council may designate additional members to serve on the ,,routes ,council4 7#c7 ,additional modal input ,to address issues related to safety and transport of commodities produced in or by1 or transported through1 as applicable1 rural areas1 ,indian ,tribes1 or the land of ,indian ,tribes1 the ,,routes ,council shall consult with the ,administrators 7or their designees7 of-- 7,a7 the ,maritime ,administration2 7,b7 the ,great ,lakes ,st4 ,lawrence ,seaway ,development ,corporation2 and 7,c7 the ,national ,highway ,traffic ,safety ,administration4 7#d7 ,duties ,members of the ,,routes ,council shall-- 7,a7 participate in all meetings and relevant ,,routes ,council activities and be prepared to share information relevant to rural and ,tribal transportation infrastructure projects and issues2 7,b7 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 stakeholders2 and 7,c7 recommend initiatives for the consideration of the ,chair of the ,,routes ,council to establish and staff any resulting activities or working groups4 7#e7 ,meetings ,the ,,routes ,council shall meet bimonthly4 7#f7 ,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 ,office1 respectively1 under this section4 7#g7 ,work products and deliverables ,the ,,routes ,council may develop work products or deliverables to meet the goals of the ,,routes ,council1 including-- 7,a7 an annual report to ,congress describing ,,routes ,council activities for the past year and expected activities for the coming year2 7,b7 any recommendations to enhance the effectiveness of ,department discretionary grant programs regarding rural and ,tribal infrastructure issues2 and 7,c7 other guides and reports for relevant groups and the public4 #bejaa4 ,safety data initiative 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state2 7#b7 a unit of local government2 7#c7 a transit agency or authority2 7#d7 a metropolitan planning organization2 7#e7 any other subdivision of a ,state or local government2 7#f7 an institution of higher education2 and 7#g7 a multi-,state or multijurisdictional group4 7b7 ,safety data initiative 7#a7 ,establishment ,the ,secretary shall establish an initiative1 to be known as the ,safety ,data ,initiative1 to promote the use of data integration1 data visualization1 and advanced analytics for surface transportation safety through the development of innovative practices and products for use by ,federal1 ,state1 and local entities4 7#b7 ,activities 7,a7 ,applied research 7i7 ,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 ,federal1 ,state1 and local government levels4 7ii7 ,methodology ,in carrying out clause 7i71 the ,secretary may-- 7,i7 carry out demonstration programs2 7,,ii7 award grants and provide incentives to eligible entities2 7,,iii7 enter into partnerships with-- 7aa7 eligible entities2 7bb7 private sector entities2 and 7cc7 ,national ,laboratories2 and 7,,iv7 use any other tools1 strategies1 or methods that will result in the effective use of data and information for safety purposes4 7,b7 ,tools and practices ,in carrying out subparagraph 7,a71 the ,secretary1 to the maximum extent practicable1 shall-- 7i7 develop safety analysis tools for ,state and local governments1 with a particular focus on ,state and local governments with limited capacity to perform safety analysis2 7ii7 7,i7 identify innovative ,state and local government practices2 7,,ii7 incubate those practices for further development2 and 7,,iii7 replicate those practices nationwide2 and 7iii7 transfer to ,state and local governments the results of the applied research carried out under that subparagraph4 7,c7 ,data sharing 7i7 ,in general ,to inform the creation of information useful for safety policy and decisionmaking1 the ,secretary shall-- 7,i7 encourage the sharing of data between and among ,federal1 ,state1 and local transportation agencies2 and 7,,ii7 leverage data from private sector entities4 7ii7 ,goals ,the goals of the data-sharing activities under clause 7i7 shall include-- 7,i7 the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals2 and 7,,ii7 the establishment of procedures adequate to ensure sufficient security1 privacy1 and confidentiality as needed to promote the sharing of sensitive or proprietary data4 7iii7 ,management of data ecosystems ,a data ecosystem described in clause 7ii77,i7 may be managed by-- 7,i7 the ,director of the ,bureau of ,transportation ,statistics2 7,,ii7 #a or more trusted third parties1 as determined by the ,secretary2 or 7,,iii7 #a or more other entities or partnerships capable of securing1 managing1 and analyzing sensitive or proprietary data4 7#c7 ,plan 7,a7 ,in general ,the ,safety ,data ,initiative shall be carried out pursuant to a plan to be jointly established by-- 7i7 the ,under ,secretary of ,transportation for ,policy2 7ii7 the ,chief ,information ,officer of the ,department2 7iii7 the ,administrator of the ,national ,highway ,traffic ,safety ,administration2 7iv7 the ,administrator of the ,federal ,highway ,administration2 7v7 the ,administrator of the ,federal ,motor ,carrier ,safety ,administration2 7vi7 the ,administrator of the ,federal ,transit ,administration2 and 7vii7 the ,administrator of the ,federal ,railroad ,administration4 7,b7 ,requirement ,the plan established under subparagraph 7,a7 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 implementation4 7,c7 ,deadline ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall direct the officials described in clauses 7i7 through 7vii7 of subparagraph 7,a7 to establish1 by a date determined by the ,secretary1 the plan referred to in that subparagraph4 7#d7 ,termination ,the ,safety ,data ,initiative shall terminate on the later of-- 7,a7 the date that is #a year after the date of enactment of this ,act2 and 7,b7 the date on which the ,secretary makes the direction to officials described in paragraph 7#c77;,c74 #bejab4 ,advanced transportation research 7a7 ,in general ,chapter #a of title #di1 ,united ,states ,code 7as amended by section #baaja7;a771 is amended by adding at the end the following3 #aai4 ,advanced ,research ,projects ,agency-,infrastructure 7a7 ,definitions ,in this section3 7#a7 ,,arpa-,i ,the term ,,arpa-,i means the ,advanced ,research ,projects ,agency-,infrastructure established by subsection 7b74 7#b7 ,department ,the term ,department means the ,department of ,transportation4 7#c7 ,director ,the term ,director means the ,director of ,,arpa-,i appointed under subsection 7d74 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a unit of ,state or local government2 7,b7 an institution of higher education2 7,c7 a commercial entity2 7,d7 a research foundation2 7,e7 a trade or industry research collaborative2 7,f7 a federally funded research and development center2 7,g7 a research facility owned or funded by the ,department2 7,h7 a collaborative that includes relevant international entities2 and 7,i7 a consortia of #b or more entities described in any of subparagraphs 7,a7 through 7,h74 7#e7 ,infrastructure 7,a7 ,in general ,the term infrastructure means any transportation method or facility that facilitates the transit of goods or people within the ,united ,states 7including territories74 7,b7 ,inclusions ,the term infrastructure includes-- 7i7 roads2 7ii7 highways2 7iii7 bridges2 7iv7 airports2 7v7 rail lines2 7vi7 harbors2 and 7vii7 pipelines4 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,establishment ,there is established within the ,department an agency1 to be known as the ,advanced ,research ,projects ,agency-,infrastructure1 to support the development of science and technology solutions-- 7#a7 to overcome long-term challenges2 and 7#b7 to advance the state of the art for ,united ,states transportation infrastructure4 7c7 ,goals 7#a7 ,in general ,the goals of ,,arpa-,i shall be-- 7,a7 to advance the transportation infrastructure of the ,united ,states by developing innovative science and technology solutions that-- 7i7 lower the long-term costs of infrastructure development1 including costs of planning1 construction1 and maintenance2 7ii7 reduce the lifecycle impacts of transportation infrastructure on the environment1 including through the reduction of greenhouse gas emissions2 7iii7 contribute significantly to improving the safe1 secure1 and efficient movement of goods and people2 and 7iv7 promote the resilience of infrastructure from physical and cyber threats2 and 7,b7 to ensure that the ,united ,states is a global leader in developing and deploying advanced transportation infrastructure technologies and materials4 7#b7 ,research projects ,,arpa-,i shall achieve the goals described in paragraph 7#a7 by providing assistance under this section for infrastructure research projects that-- 7,a7 advance novel1 early-stage research with practicable application to transportation infrastructure2 7,b7 translate techniques1 processes1 and technologies1 from the conceptual phase to prototype1 testing1 or demonstration2 7,c7 develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies2 and 7,d7 accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty4 7d7 ,director 7#a7 ,appointment ,,arpa-,i shall be headed by a ,director1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,qualifications ,the ,director shall be an individual who1 by reason of professional background and experience1 is especially qualified to advise the ,secretary regarding1 and manage research programs addressing1 matters relating to the development of science and technology solutions to advance ,united ,states transportation infrastructure4 7#c7 ,relationship to ,secretary ,the ,director shall-- 7,a7 be located within the ,office of the ,assistant ,secretary for ,research and ,technology2 and 7,b7 report to the ,secretary4 7#d7 ,relationship to other programs ,no other program within the ,department shall report to the ,director4 7#e7 ,responsibilities ,the responsibilities of the ,director shall include-- 7,a7 approving new programs within ,,arpa-,i2 7,b7 developing funding criteria1 and assessing the success of programs1 to achieve the goals described in subsection 7c77#a7 through the establishment of technical milestones2 7,c7 administering available funding by providing to eligible entities assistance to achieve the goals described in subsection 7c77#a72 7,d7 terminating programs carried out under this section that are not achieving the goals of the programs2 and 7,e7 establishing a process through which eligible entities can submit to ,,arpa-,i unsolicited research proposals for assistance under this section in accordance with subsection 7f74 7e7 ,personnel 7#a7 ,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 under this section1 in conjunction with other operations of the ,department4 7#b7 ,program directors 7,a7 ,in general ,the ,director shall designate employees to serve as program directors for ,,arpa-,i4 7,b7 ,responsibilities ,each program director shall be responsible for-- 7i7 establishing research and development goals for the applicable program1 including by convening workshops and conferring with outside experts2 7ii7 publicizing the goals of the applicable program2 7iii7 soliciting applications for specific areas of particular promise1 especially in areas that the private sector or the ,federal ,government are not likely to carry out absent assistance from ,,arpa-,i2 7iv7 establishing research collaborations for carrying out the applicable program2 7v7 selecting on the basis of merit each project to be supported under the applicable program1 taking into consideration-- 7,i7 the novelty and scientific and technical merit of proposed projects2 7,,ii7 the demonstrated capabilities of eligible entities to successfully carry out proposed projects2 7,,iii7 the extent to which an eligible entity took into consideration future commercial applications of a proposed project1 including the feasibility of partnering with #a or more commercial entities2 and 7,,iv7 such other criteria as the ,director may establish2 7vi7 identifying innovative cost-sharing arrangements for projects carried out or funded by ,,arpa-,i2 7vii7 monitoring the progress of projects supported under the applicable program2 7viii7 identifying mechanisms for commercial application of successful technology development projects1 including through establishment of partnerships between eligible entities and commercial entities2 and 7ix7 as applicable1 recommending-- 7,i7 program restructuring2 or 7,,ii7 termination of applicable research partnerships or projects4 7,c7 ,term of service ,a program director-- 7i7 shall serve for a term of #c years2 and 7ii7 may be reappointed for any subsequent term of service4 7#c7 ,hiring and management 7,a7 ,in general ,the ,director may-- 7i7 make appointments of scientific1 engineering1 and professional personnel1 without regard to the civil service laws2 7ii7 fix the basic pay of such personnel at such rate as the ,director may determine1 but not to exceed level ,,ii of the ,executive ,schedule1 without regard to the civil service laws2 and 7iii7 pay an employee appointed under this subparagraph payments in addition to basic pay1 subject to the condition that the total amount of those additional payments for any #ab-month period shall not exceed the least of-- 7,i7 #be1jjj2 7,,ii7 an amount equal to #be percent of the annual rate of basic pay of the employee2 and 7,,iii7 the amount of the applicable limitation for a calendar year under section #ecjg7;a77#a7 of title #e4 7,b7 ,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 section4 7,c7 ,additional staff ,the ,director may use all authorities available to the ,secretary to hire administrative1 financial1 and clerical staff1 as the ,director determines to be necessary to carry out this section4 7f7 ,research proposals 7#a7 ,in general ,an eligible entity may submit to the ,director an unsolicited research proposal at such time1 in such manner1 and containing such information as the ,director may require1 including a description of-- 7,a7 the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance1 if applicable2 and 7,b7 any current or prior investments in the technology area for which funding is requested1 including as described in subsection 7c77#b77;,d74 7#b7 ,review ,the ,director-- 7,a7 shall review each unsolicited research proposal submitted under paragraph 7#a71 taking into consideration-- 7i7 the novelty and scientific and technical merit of the research proposal2 7ii7 the demonstrated capabilities of the applicant to successfully carry out the research proposal2 7iii7 the extent to which the applicant took into consideration future commercial applications of the proposed research project1 including the feasibility of partnering with #a or more commercial entities2 and 7iv7 such other criteria as the ,director may establish2 7,b7 may approve a research proposal if the ,director determines that the research-- 7i7 is in accordance with-- 7,i7 the goals described in subsection 7c77#a72 or 7,,ii7 an applicable transportation research and development strategic plan developed under section #fejc2 and 7ii7 would not duplicate any other ,federal research being conducted or funded by another ,federal agency2 and 7,c7 7i7 if funding is denied for the research proposal1 shall provide to the eligible entity that submitted the proposal a written notice of the denial that1 as applicable-- 7,i7 explains why the research proposal was not selected1 including whether the research proposal fails to cover an area of need2 and 7,,ii7 recommends that the research proposal be submitted to another research program2 or 7ii7 if the research proposal is approved for funding1 shall provide to the eligible entity that submitted the proposal-- 7,i7 a written notice of the approval2 and 7,,ii7 assistance in accordance with subsection 7g7 for the proposed research4 7g7 ,forms of assistance ,on approval of a research proposal of an eligible entity1 the ,director may provide to the eligible entity assistance in the form of-- 7#a7 a grant2 7#b7 a contract2 7#c7 a cooperative agreement2 7#d7 a cash prize2 or 7#e7 another1 similar form of funding4 7h7 ,reports and roadmaps 7#a7 ,annual reports ,for each fiscal year1 the ,director shall provide to the ,secretary1 for inclusion in the budget request submitted by the ,secretary to the ,president under section #aajh of title #ca for the fiscal year1 a report that1 with respect to the preceding fiscal year1 describes-- 7,a7 the projects that received assistance from ,,arpa-,i1 including-- 7i7 each such project that was funded as a result of an unsolicited research proposal2 and 7ii7 each such project that examines topics or technologies closely related to other activities funded by the ,department1 including an analysis of whether the ,director achieved compliance with subsection 7i77#a7 in supporting the project2 and 7,b7 the instances of1 and reasons for1 the provision of assistance under this section for any projects being carried out by industry entities4 7#b7 ,strategic vision roadmap ,not later than ,october #a1 #bjbb1 and not less frequently than once every #d years thereafter1 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 #d fiscal-year period beginning on the date of submission of the report4 7i7 ,coordination and nonduplication ,the ,director shall ensure that-- 7#a7 the activities of ,,arpa-,i are coordinated with1 and do not duplicate the efforts of1 programs and laboratories within-- 7,a7 the ,department2 and 7,b7 other relevant research agencies2 and 7#b7 no funding is provided by ,,arpa-,i for a project1 unless the eligible entity proposing the project-- 7,a7 demonstrates sufficient attempts to secure private financing2 or 7,b7 indicates that the project is not independently commercially viable4 7j7 ,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-,i4 7k7 ,partnerships ,the ,director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions 7as described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a777-- 7#a7 to accomplish the goals of ,,arpa-,i2 7#b7 to develop institutional capacity in advanced transportation infrastructure technologies and materials2 7#c7 to engage underserved populations in developing1 demonstrating1 and deploying those technologies and materials2 and 7#d7 to otherwise address the needs of ,,arpa-,i4 7l7 ,university transportation centers ,the ,director may-- 7#a7 partner with university transportation centers under section #eeje to accomplish the goals1 and address the needs1 of ,,arpa-,i2 and 7#b7 sponsor and select for funding1 in accordance with section #eeje1 competitively selected university transportation center grants1 in addition to the assistance provided under section #eeje1 to address targeted technology and material goals of ,,arpa-,i4 7m7 ,advice 7#a7 ,advisory committees ,the ,director may seek advice regarding any aspect of ,,arpa-,i from-- 7,a7 an existing advisory committee1 office1 or other group within the ,department2 and 7,b7 a new advisory committee organized to support the programs of ,,arpa-,i by providing advice and assistance regarding-- 7i7 specific program tasks2 or 7ii7 the overall direction of ,,arpa-,i4 7#b7 ,additional sources ,in carrying out this section1 the ,director may seek advice and review from-- 7,a7 the ,president's ,council of ,advisors on ,science and ,technology2 7,b7 the ,advanced ,research ,projects ,agency-,energy2 and 7,c7 any professional or scientific organization with expertise relating to specific processes or technologies under development by ,,arpa-,i4 7n7 ,evaluation 7#a7 ,in general ,not later than ,december #bg1 #bjbd1 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 7c77#a74 7#b7 ,inclusions ,the evaluation under paragraph 7#a7 may include-- 7,a7 a recommendation regarding whether ,,arpa-,i should be continued2 7,b7 a recommendation regarding whether ,,arpa-,i1 or the ,department generally1 should continue to allow entities to submit unsolicited research proposals2 and 7,c7 a description of-- 7i7 the lessons learned from the operation of ,,arpa-,i2 and 7ii7 the manner in which those lessons may apply to the operation of other programs of the ,department4 7#c7 ,availability ,on completion of the evaluation under paragraph 7#a71 the evaluation shall be made available to-- 7,a7 ,congress2 and 7,b7 the public4 7o7 ,protection of information 7#a7 ,in general ,each type of information described in paragraph 7#b7 that is collected by ,,arpa-,i from eligible entities shall be considered to be-- 7,a7 commercial and financial information obtained from a person2 7,b7 privileged or confidential2 and 7,c7 not subject to disclosure under section #eeb7;b77#d7 of title #e4 7#b7 ,description of types of information ,the types of information referred to in paragraph 7#a7 are-- 7,a7 information relating to plans for commercialization of technologies developed using assistance provided under this section1 including business plans1 technology-to-market plans1 market studies1 and cost and performance models2 7,b7 information relating to investments provided to an eligible entity from a third party 7such as a venture capital firm1 a hedge fund1 and a private equity firm71 including any percentage of ownership of an eligible entity provided in return for such an investment2 7,c7 information relating to additional financial support that the eligible entity-- 7i7 plans to invest1 or has invested1 in the technology developed using assistance provided under this section2 or 7ii7 is seeking from a third party2 and 7,d7 information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section4 7p7 ,effect on existing authorities ,the authority provided by this section-- 7#a7 shall be in addition to any existing authority provided to the ,secretary2 and 7#b7 shall not supersede or modify any other existing authority4 7q7 ,funding 7#a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary such sums as are necessary to carry out this section4 7#b7 ,separate budget and appropriation 7,a7 ,budget request ,the budget request for ,,arpa-,i shall be separate from the budget request of the remainder of the ,department4 7,b7 ,appropriations ,the funding appropriated for ,,arpa-,i shall be separate and distinct from the funding appropriated for the remainder of the ,department4 7#c7 ,allocation ,of the amounts made available for a fiscal year under paragraph 7#a7-- 7,a7 not less than #e percent shall be used for technology transfer and outreach activities-- 7i7 in accordance with the goal described in subsection 7c77#b77;,d72 and 7ii7 within the responsibilities of the program directors described in subsection 7e77#b77;,b77viii72 and 7,b7 none may be used for the construction of any new building or facility during the #e-year period beginning on the date of enactment of the ,surface ,transportation ,investment ,act of #bjba4 4 7b7 ,clerical amendment ,the analysis for chapter #a of title #di1 ,united ,states ,code 7as amended by section #baaja7;c771 is amended by adding at the end the following3 #aai4 ,advanced ,research ,projects ,agency-,infrastructure4 4 #bejac4 ,open research initiative 7a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejf4 ,advanced transportation research initiative 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means-- 7#a7 a ,state agency2 7#b7 a local government agency2 7#c7 an institution of higher education 7as defined in section #ajb of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb771 including a university transportation center established under section #eeje2 7#d7 a nonprofit organization1 including a nonprofit research organization2 and 7#e7 a private sector organization working in collaboration with an entity described in any of paragraphs 7#a7 through 7#d74 7b7 ,pilot program ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish an advanced transportation research pilot program under which the ,secretary-- 7#a7 shall establish a process for eligible entities to submit to the ,secretary unsolicited research proposals2 and 7#b7 may enter into arrangements with #a or more eligible entities to fund research proposed under paragraph 7#a71 in accordance with this section4 7c7 ,eligible research ,the ,secretary may enter into an arrangement with an eligible entity under this section to fund research that-- 7#a7 addresses-- 7,a7 a research need identified by-- 7i7 the ,secretary2 or 7ii7 the ,administrator of a modal administration of the ,department of ,transportation2 or 7,b7 an issue that the ,secretary determines to be important2 and 7#b7 is not duplicative of-- 7,a7 any other ,federal research project2 or 7,b7 any project for which funding is provided by another ,federal agency4 7d7 ,project review ,the ,secretary shall-- 7#a7 review each research proposal submitted under the pilot program established under subsection 7b72 and 7#b7 7,a7 if funding is denied for the research proposal-- 7i7 provide to the eligible entity that submitted the proposal a written notice of the denial that1 as applicable-- 7,i7 explains why the research proposal was not selected1 including whether the research proposal fails to cover an area of need2 and 7,,ii7 recommends that the research proposal be submitted to another research program2 and 7ii7 if the ,secretary recommends that the research proposal be submitted to another research program under clause 7i77,,ii71 provide guidance and direction to-- 7,i7 the eligible entity2 and 7,,ii7 the proposed research program office2 or 7,b7 if the research proposal is selected for funding-- 7i7 provide to the eligible entity that submitted the proposal a written notice of the selection2 and 7ii7 seek to enter into an arrangement with the eligible entity to provide funding for the proposed research4 7e7 ,coordination 7#a7 ,in general ,the ,secretary shall ensure that the activities carried out under subsection 7c7 are coordinated with1 and do not duplicate the efforts of1 programs of the ,department of ,transportation and other ,federal agencies4 7#b7 ,intraagency coordination ,the ,secretary shall coordinate the research carried out under this section with-- 7,a7 the research1 education1 and technology transfer activities carried out by grant recipients under section #eeje2 and 7,b7 the research1 development1 demonstration1 and commercial application activities of other relevant programs of the ,department of ,transportation1 including all modal administrations of the ,department4 7#c7 ,interagency collaboration ,the ,secretary shall coordinate1 as appropriate1 regarding fundamental research with the potential for application in the transportation sector with-- 7,a7 the ,director of the ,office of ,science and ,technology ,policy2 7,b7 the ,director of the ,national ,science ,foundation2 7,c7 the ,secretary of ,energy2 7,d7 the ,director of the ,national ,institute of ,standards and ,technology2 7,e7 the ,secretary of ,homeland ,security2 7,f7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration2 7,g7 the ,secretary of ,defense2 and 7,h7 the heads of other appropriate ,federal agencies1 as determined by the ,secretary4 7f7 ,review1 evaluation1 and report ,not less frequently than biennially1 in accordance with the plan developed under section #fejc1 the ,secretary shall-- 7#a7 review and evaluate the pilot program established under subsection 7b71 including the research carried out under that pilot program2 and 7#b7 make public on a website of the ,department of ,transportation a report describing the review and evaluation under paragraph 7#a74 7g7 ,federal share 7#a7 ,in general ,the ,federal share of the cost of an activity carried out under this section shall not exceed #hj percent4 7#b7 ,non-,federal share ,all costs directly incurred by the non-,federal partners 7including personnel1 travel1 facility1 and hardware development costs7 shall be credited toward the non-,federal share of the cost of an activity carried out under this section4 7h7 ,limitation on certain expenses ,of any amounts made available to carry out this section for a fiscal year1 the ,secretary may use not more than #a4e percent for coordination1 evaluation1 and oversight activities under this section4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7b7 ,clerical amendment ,the analysis for subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #eejf4 ,advanced transportation research initiative4 4 #bejad4 ,transportation research and development #e-year strategic plan ,section #fejc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by striking ,the ,secretary and inserting ,not later than #ahj days after the date of publication of the ,department of ,transportation ,strategic ,plan and not less frequently than once every #e years thereafter1 the ,secretary2 7#b7 in subsection 7b71 in the matter preceding paragraph 7#a71 by striking ,the strategic and inserting ,each strategic2 7#c7 in subsection 7c7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,the strategic and inserting ,each strategic2 and 7,b7 in paragraph 7#a7-- 7i7 in subparagraph 7,e71 by striking and at the end2 7ii7 in subparagraph 7,f71 by adding and after the semicolon at the end2 and 7iii7 by adding at the end the following3 7,g7 reducing transportation cybersecurity risks2 2 7#d7 in subsection 7d7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the strategic and inserting each strategic2 and 7,b7 in paragraph 7#d71 by striking #bjaf and inserting #bjba1 and not less frequently than once every #e years thereafter2 and 7#e7 by striking subsection 7e74 #bejae4 ,research planning modifications 7a7 ,annual modal research plans ,section #feja of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,not later than ,june #a of each year1 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 7referred to in this chapter as the ,assistant ,secretary7-- 7,a7 a comprehensive annual modal research plan for the following fiscal year2 and 7,b7 a detailed outlook for the fiscal year thereafter4 2 7,b7 in paragraph 7#b71 by inserting prepared or before submitted2 7,c7 by redesignating paragraph 7#b7 as paragraph 7#c72 and 7,d7 by inserting after paragraph 7#a7 the following3 7#b7 ,requirements ,each plan under paragraph 7#a7 shall include-- 7,a7 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 administration1 as applicable2 7,b7 a description of each proposed research program1 as described in the budget request submitted by the ,secretary of ,transportation to the ,president under section #aajh of title #ca for the following fiscal year1 including-- 7i7 the major objectives of the program2 and 7ii7 the requested amount of funding for each program and area2 7,c7 a list of activities the ,assistant ,secretary or modal administration plans to carry out under the research programs described in subparagraph 7,b72 7,d7 an assessment of the potential impact of the research programs described in subparagraph 7,b71 including-- 7i7 potential outputs1 outcomes1 and impacts on technologies and practices used by entities subject to the jurisdiction of the modal administration2 7ii7 potential effects on applicable regulations of the modal administration1 including the modification or modernization of those regulations2 7iii7 potential economic or societal impacts2 and 7iv7 progress made toward achieving strategic goals of-- 7,i7 the applicable modal administration2 or 7,,ii7 the ,department of ,transportation2 7,e7 a description of potential partnerships to be established to conduct the research program1 including partnerships with-- 7i7 institutions of higher education2 and 7ii7 private sector entities2 and 7,f7 such other requirements as the ,assistant ,secretary considers to be necessary4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by inserting by the head of a modal administration or joint program office after submitted2 and 7ii7 in subparagraph 7,b71 by striking clause 7ii7 and inserting the following3 7ii7 request that the plan and outlook be-- 7,i7 revised in accordance with such suggestions as the ,assistant ,secretary shall include to ensure conformity with the criteria described in paragraph 7#b72 and 7,,ii7 resubmitted to the ,assistant ,secretary for approval4 2 7,b7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 and 7,c7 by inserting after paragraph 7#a7 the following3 7#b7 ,criteria ,in conducting a review under paragraph 7#a77;,a71 the ,assistant ,secretary shall1 with respect to the modal research plan that is the subject of the review-- 7,a7 take into consideration whether-- 7i7 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 #fejc2 and 7ii7 the research programs described in the plan have the potential to benefit the safety1 mobility1 and efficiency of the ,united ,states transportation system2 7,b7 identify and evaluate any potential opportunities for collaboration between or among modal administrations with respect to particular research programs described in the plan2 7,c7 identify and evaluate whether other modal administrations may be better suited to carry out the research programs described in the plan2 7,d7 assess whether any projects described in the plan are-- 7i7 duplicative across modal administrations2 or 7ii7 unnecessary2 and 7,e7 take into consideration such other criteria as the ,assistant ,secretary determines to be necessary4 2 and 7,d7 by adding at the end the following3 7#e7 ,savings clause ,nothing in this subsection limits the ability of the head of a modal administration to comply with applicable law4 2 and 7#c7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking subsection 7b77#c7 and inserting 8subsection 7b77#d74 7b7 ,consolidated research database ,section #fejb7;a7 of title #di1 ,united ,states ,code1 is amended by striking the subsection designation and heading and all that follows through subparagraph 7,b7 of paragraph 7#b7 and inserting the following3 7a7 ,research abstract database 7#a7 ,submission ,not later than ,september #a of each year1 the head of each modal administration and joint program office of the ,department of ,transportation shall submit to the ,assistant ,secretary1 for review and public posting1 a description of each proposed research project to be carried out during the following fiscal year1 including-- 7,a7 proposed funding for any new projects2 and 7,b7 proposed additional funding for any existing projects4 7#b7 ,publication ,not less frequently than annually1 after receiving the descriptions under paragraph 7#a71 the ,assistant ,secretary shall publish on a public website a comprehensive database including a description of all research projects conducted by the ,department of ,transportation1 including research funded through university transportation centers under section #eeje4 7#c7 ,contents ,the database published under paragraph 7#b7 shall-- 7,a7 be delimited by research project2 and 7,b7 include a description of1 with respect to each research project-- 7i7 research objectives2 7ii7 the progress made with respect to the project1 including whether the project is ongoing or complete2 7iii7 any outcomes of the project1 including potential implications for policy1 regulations1 or guidance issued by a modal administration or the ,department of ,transportation2 7iv7 any findings of the project2 7v7 the amount of funds allocated for the project2 and 7vi7 such other information as the ,assistant ,secretary determines to be necessary to address ,departmental priorities and statutory mandates2 4 #bejaf4 ,incorporation of ,department of ,transportation research 7a7 ,in general ,chapter #fe of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fejd4 ,incorporation of ,department of ,transportation research 7a7 ,review ,not later than ,december #ca1 #bjba1 and not less frequently than once every #e years thereafter1 in concurrence with the applicable strategic plan under section #fejc1 the ,secretary of ,transportation shall-- 7#a7 conduct a review of research conducted by the ,department of ,transportation2 and 7#b7 to the maximum extent practicable and appropriate1 identify modifications to laws1 regulations1 guidance1 and other policy documents to incorporate any innovations resulting from the research described in paragraph 7#a7 that have the potential to improve the safety or efficiency of the ,united ,states transportation system4 7b7 ,requirements ,in conducting a review under subsection 7a71 the ,secretary of ,transportation shall-- 7#a7 identify any innovative practices1 materials1 or technologies that have demonstrable benefits to the transportation system2 7#b7 determine whether the practices1 materials1 or technologies described in paragraph 7#a7 require any statutory or regulatory modifications for adoption2 and 7#c7 7,a7 if modifications are determined to be required under paragraph 7#b71 develop-- 7i7 a proposal for those modifications2 and 7ii7 a description of the manner in which any such regulatory modifications would be-- 7,i7 incorporated into the ,unified ,regulatory ,agenda2 or 7,,ii7 adopted into existing regulations as soon as practicable2 or 7,b7 if modifications are determined not to be required under paragraph 7#b71 develop a description of the means by which the practices1 materials1 or technologies described in paragraph 7#a7 will otherwise be incorporated into ,department of ,transportation or modal administration policy or guidance1 including as part of the ,technology ,transfer ,program of the ,office of the ,assistant ,secretary for ,research and ,technology4 7c7 ,report ,on completion of each review under subsection 7a71 the ,secretary of ,transportation shall submit to the appropriate committees of ,congress a report describing1 with respect to the period covered by the report-- 7#a7 each new practice1 material1 or technology identified under subsection 7b77#a72 and 7#b7 any statutory or regulatory modification for the adoption of such a practice1 material1 or technology that-- 7,a7 is determined to be required under subsection 7b77#b72 or 7,b7 was otherwise made during that period4 4 7b7 ,clerical amendment ,the analysis for chapter #fe of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #fejd4 ,incorporation of ,department of ,transportation research4 4 #bejag4 ,university transportation centers program ,section #eeje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by inserting of ,transportation1 acting through the ,assistant ,secretary for ,research and ,technology 7referred to in this section as the ,secretary71 after ,the ,secretary2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,b71 by inserting multimodal after critical2 and 7ii7 in subparagraph 7,c71 by inserting with respect to the matters described in subparagraphs 7,a7 through 7,g7 of section #fejc7;c77#a7 after transportation leaders2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,a71 by striking for each of the transportation centers described under paragraphs 7#b71 7#c71 and 7#d7 of subsection 7c7 and inserting as a lead institution under this section1 except as provided in subparagraph 7,b72 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 by striking identified in chapter #fe and inserting described in subparagraphs 7,a7 through 7,g7 of section #fejc7;c77#a72 and 7ii7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking the ,assistant ,secretary and all that follows through modal administrations and inserting the heads of the modal administrations of the ,department of ,transportation12 and 7,c7 in paragraph 7#e77;,b71 in the matter preceding clause 7i71 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 ,transportation2 7#c7 in subsection 7c77#c77;,e7-- 7,a7 by inserting 1 including the cybersecurity implications of technologies relating to connected vehicles1 connected infrastructure1 and autonomous vehicles after autonomous vehicles2 and 7,b7 by striking ,the ,secretary and inserting the following3 7i7 ,in general ,a regional university transportation center receiving a grant under this paragraph shall carry out research focusing on #a or more of the matters described in subparagraphs 7,a7 through 7,g7 of section #fejc7;c77#a74 7ii7 ,focused objectives ,the ,secretary 2 and 7#d7 in subsection 7d7-- 7,a7 in paragraph 7#b7-- 7i7 in the paragraph heading1 by striking ,annual review and inserting ,review2 7ii7 in the matter preceding subparagraph 7,a71 by striking annually and inserting biennially2 and 7iii7 in subparagraph 7,b71 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 ,transportation2 and 7,b7 in paragraph 7#c71 by striking #bjaf through #bjbj and inserting #bjbb through #bjbf4 #bejah4 ,national travel and tourism infrastructure strategic plan 7a7 ,in general ,section #adca7;e7 of the ,,fast ,act 7#di ,u4,s4,c4 #cja note2 ,public ,law #aad-id7 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#g7 as subparagraphs 7,a7 though 7,g71 respectively1 and indenting appropriately2 7#b7 in the matter preceding subparagraph 7,a7 7as so redesignated7-- 7,a7 by striking ,not later than #c years after the date of enactment of this ,act and inserting ,not later than #ahj days after the date of enactment of the ,surface ,transportation ,investment ,act of #bjba2 and 7,b7 by striking plan that includes and inserting the following3 plan-- 7#a7 to develop an immediate-term and long-term strategy1 including policy recommendations across all modes of transportation1 for the ,department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the ,coronavirus ,disease #bjai 7,,covid-#ai7 pandemic2 and 7#b7 that includes 2 and 7#c7 in paragraph 7#b7 7as so redesignated7-- 7,a7 in subparagraph 7,a7 7as so redesignated71 by inserting 1 including consideration of the impacts of the ,,covid-#ai pandemic after network2 7,b7 in subparagraph 7,d7 7as so redesignated71 by inserting of regional significance after corridors2 7,c7 in subparagraph 7,f7 7as so redesignated71 by striking and at the end2 7,d7 in subparagraph 7,g7 7as so redesignated71 by striking the period at the end and inserting 2 and2 and 7,e7 by adding at the end the following3 7,h7 an identification of possible infrastructure investments that create recovery opportunities for small1 underserved1 minority1 and rural businesses in the travel and tourism industry1 including efforts to preserve and protect the scenic1 but often less-traveled1 roads that promote tourism and economic development throughout the ,united ,states4 4 7b7 ,chief ,travel and ,tourism ,officer ,section #ajb of title #di1 ,united ,states ,code1 is amended by striking subsection 7i7 7as redesignated by section #bejji7;a77#c77 and inserting the following3 7i7 ,chief ,travel and ,tourism ,officer 7#a7 ,establishment ,there is established in the ,office of the ,secretary of ,transportation a position1 to be known as the ,chief ,travel and ,tourism ,officer4 7#b7 ,duties ,the ,chief ,travel and ,tourism ,officer shall collaborate with the ,assistant ,secretary for ,aviation and ,international ,affairs to carry out-- 7,a7 the ,national ,travel and ,tourism ,infrastructure ,strategic ,plan under section #adca7;e7 of ,public ,law #aad-id 7#di ,u4,s4,c4 #cja note72 and 7,b7 other travel- and tourism-related matters involving the ,department of ,transportation4 4 #bejai4 ,local hiring preference for construction jobs 7a7 ,authorization 7#a7 ,in general ,a recipient or subrecipient of a grant provided by the ,secretary under title #bc or #di1 ,united ,states ,code1 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 grant1 including prehire agreements1 subject to any applicable ,state and local laws1 policies1 and procedures4 7#b7 ,treatment ,the use of a local or other geographical or economic hiring preference pursuant to paragraph 7#a7 in any bid for a contract for the construction of a project funded by a grant described in paragraph 7#a7 shall not be considered to unduly limit competition4 7b7 ,workforce diversity report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing methods-- 7#a7 to ensure preapprenticeship programs are established and implemented to meet the needs of employers in transportation and transportation infrastructure construction industries1 including with respect to the formal connection of the preapprenticeship programs to registered apprenticeship programs2 7#b7 to address barriers to employment 7within the meaning of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caja et seq477 in transportation and transportation infrastructure construction industries for-- 7,a7 individuals who are former offenders 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb772 7,b7 individuals with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 and 7,c7 individuals that represent populations that are traditionally underrepresented in the workforce2 and 7#c7 to encourage a recipient or subrecipient implementing a local or other geographical or economic hiring preference pursuant to subsection 7a77#a7 to establish1 in coordination with nonprofit organizations that represent employees1 outreach and support programs that increase diversity within the workforce1 including expanded participation from individuals described in subparagraphs 7,a7 through 7,c7 of paragraph 7#b74 7c7 ,model plan ,not later than #a year after the date of submission of the report under subsection 7b71 the ,secretary shall establish1 and publish on the website of the ,department1 a model plan for use by ,states1 units of local government1 and private sector entities to address the issues described in that subsection4 #bejbj4 ,transportation workforce development 7a7 ,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-- 7#a7 addresses-- 7,a7 the education and recruitment of technical workers for the intelligent transportation technologies and systems industry2 7,b7 the development of a workforce skilled in various types of intelligent transportation technologies1 components1 infrastructure1 and equipment1 including with respect to-- 7i7 installation2 7ii7 maintenance2 7iii7 manufacturing2 7iv7 operations1 including data analysis and review2 and 7v7 cybersecurity2 and 7,c7 barriers to employment in the intelligent transportation technologies and systems industry for-- 7i7 individuals who are former offenders 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb772 7ii7 individuals with a disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb772 and 7iii7 individuals that represent populations that are traditionally underrepresented in the workforce2 and 7#b7 includes recommendations relating to the issues described in paragraph 7#a74 7b7 ,working group 7#a7 ,establishment ,the ,secretary shall establish a working group1 to be composed of-- 7,a7 the ,secretary of ,energy2 7,b7 the ,secretary of ,labor2 and 7,c7 the heads of such other ,federal agencies as the ,secretary determines to be necessary4 7#b7 ,implementation plan 7,a7 ,in general ,the working group established under paragraph 7#a7 shall develop an intelligent transportation technologies and systems industry workforce development implantation plan4 7,b7 ,requirements ,the implementation plan under subparagraph 7,a7 shall address any issues and recommendations included in the needs assessment under subsection 7a71 taking into consideration a whole-of-government approach with respect to-- 7i7 using registered apprenticeship and preapprenticeship programs2 and 7ii7 re-skilling workers who may be interested in working within the intelligent transportation technologies and systems industry4 7#c7 ,submission to ,congress ,not later than #a year after the date of receipt of the needs assessment under subsection 7a71 the ,secretary shall submit to ,congress the implementation plan developed under paragraph 7#b74 7#d7 ,termination ,the working group established under paragraph 7#a7 shall terminate on the date on which the implementation plan developed under paragraph 7#b7 is submitted to ,congress under paragraph 7#c74 7c7 ,transportation workforce outreach program 7#a7 ,in general ,subchapter ,i of chapter #ee of title #di1 ,united ,states ,code 7as amended by section #bejac7;a771 is amended by adding at the end the following3 #eejg4 ,transportation workforce outreach program 7a7 ,in general ,the ,secretary of ,transportation 7referred to in this section as the ,secretary7 shall establish and administer a transportation workforce outreach program1 under which the ,secretary shall carry out a series of public service announcement campaigns during each of fiscal years #bjbb through #bjbf4 7b7 ,purposes ,the purpose of the campaigns carried out under the program under this section shall be-- 7#a7 to increase awareness of career opportunities in the transportation sector1 including aviation pilots1 safety inspectors1 mechanics and technicians1 air traffic controllers1 flight attendants1 truck and bus drivers1 engineers1 transit workers1 railroad workers1 and other transportation professionals2 and 7#b7 to target awareness of professional opportunities in the transportation sector to diverse segments of the population1 including with respect to race1 sex1 ethnicity1 ability 7including physical and mental ability71 veteran status1 and socioeconomic status4 7c7 ,advertising ,the ,secretary may use1 or authorize the use of1 amounts made available to carry out the program under this section for the development1 production1 and use of broadcast1 digital1 and print media advertising and outreach in carrying out a campaign under this section4 7d7 ,funding ,the ,secretary may use to carry out this section any amounts otherwise made available to the ,secretary1 not to exceed #e1jjj1jjj1 for each of fiscal years #bjbb through #bjbf4 4 7#b7 ,clerical amendment ,the analysis for subchapter ,i of chapter #ee of title #di1 ,united ,states ,code 7as amended by section #bejac7;b771 is amended by adding at the end the following3 #eejg4 ,transportation workforce outreach program4 4 #bejba4 ,intermodal ,transportation ,advisory ,board repeal 7a7 ,in general ,section #eejb of title #di1 ,united ,states ,code1 is repealed4 7b7 ,clerical amendment ,the analysis for subchapter ,i of chapter #ee of title #di1 ,united ,states ,code1 is amended by striking the item relating to section #eejb4 #bejbb4 ,,gao cybersecurity recommendations 7a7 ,cybersecurity risk management ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall implement the recommendation for the ,department made by the ,comptroller ,general of the ,united ,states in the report entitled ,cybersecurity3 ,agencies ,need to ,fully ,establish ,risk ,management ,programs and ,address ,challenges1 numbered ,,gao-#ai-chd1 and dated ,july #bjai-- 7#a7 by developing a cybersecurity risk management strategy for the systems and information of the ,department2 7#b7 by updating policies to address an organization-wide risk assessment2 and 7#c7 by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions4 7b7 ,work roles ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall implement the recommendation of the ,comptroller ,general of the ,united ,states in the report entitled ,cybersecurity ,workforce3 ,agencies ,need to ,accurately ,categorize ,positions to ,effectively ,identify ,critical ,staffing ,needs1 numbered ,,gao-#ai-add1 and dated ,march #bjai1 by-- 7#a7 reviewing positions in the ,department2 and 7#b7 assigning appropriate work roles in accordance with the ,national ,initiative for ,cybersecurity ,education ,cybersecurity ,workforce ,framework4 7c7 ,,gao review 7#a7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 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 ,department4 7#b7 ,contents ,the report under paragraph 7#a7 shall include an evaluation of-- 7,a7 the roles1 responsibilities1 and reporting relationships of the senior officials of the ,department with respect to cybersecurity at the components of the ,department2 7,b7 the extent to which officials of the ,department-- 7i7 establish requirements for1 share information with1 provide resources to1 and monitor the performance of managers with respect to cybersecurity within the components of the ,department2 and 7ii7 hold managers accountable for cybersecurity within the components of the ,department2 and 7,c7 other aspects of cybersecurity1 as the ,comptroller ,general of the ,united ,states determines to be appropriate4 #bejbc4 ,volpe oversight 7a7 ,financial management ,not later than #a year after the date of enactment of this ,act1 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 ,i,a,as ,with ,volpe and dated ,september #cj1 #bjai1 to improve planning1 financial management1 and the sharing of performance information with respect to intraagency agreements with the ,john ,a4 ,volpe ,national ,transportation ,systems ,center 7referred to in this section as the ,volpe ,center74 7b7 ,,gao review 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 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 ,center4 7#b7 ,contents ,the report under paragraph 7#a7 shall include an evaluation of-- 7,a7 the amount of ,department funding provided to the ,volpe ,center1 as compared to other ,federal and non-,federal research partners2 7,b7 the process used by the ,department to determine whether to work with the ,volpe ,center1 as compared to any other ,federal or non-,federal research partner2 7,c7 the extent to which the ,department is collaborating with the ,volpe ,center to address research needs relating to emerging issues2 and 7,d7 whether the operation of the ,volpe ,center is duplicative of other public or private sector efforts4 #bejbd4 ,modifications to grant program ,section #aijf of the ,,safetea-,,lu 7#bc ,u4,s4,c4 #djb note2 ,public ,law #aji-ei7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 developing and implementing programs1 public outreach1 and training to reduce the impact of traffic stops described in subsection 7a77#a74 2 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,maximum amount ,the total amount provided to a ,state under this section in any fiscal year may not exceed-- 7#a7 for a ,state described in subsection 7a77#a71 #aj percent of the amount made available to carry out this section in that fiscal year2 and 7#b7 for a ,state described in subsection 7a77#b71 #e percent of the amount made available to carry out this section in that fiscal year4 2 and 7#c7 in subsection 7d7-- 7,a7 by striking #g1ejj1jjj for each of fiscal years #bjag through #bjbj and inserting #aa1ejj1jjj for each fiscal year2 7,b7 by redesignating paragraph 7#c7 as paragraph 7#d72 and 7,c7 by inserting after paragraph 7#b7 the following3 7#c7 ,technical assistance ,the ,secretary may allocate not more than #aj 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 section4 4 #bejbe4 ,drug-impaired driving data collection ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the heads of appropriate ,federal agencies1 ,state highway safety offices1 ,state toxicologists1 traffic safety advocates1 and other interested parties1 shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report that1 in accordance with the document entitled ,recommendations for ,toxicological ,investigations of ,drug-,impaired ,driving and ,motor ,vehicle ,fatalities--#bjag ,update 7and subsequent updates to that document7-- 7#a7 identifies any barriers that ,states encounter in submitting alcohol and drug toxicology results to the ,fatality ,analysis ,reporting ,system2 7#b7 provides recommendations on how to address the barriers identified pursuant to paragraph 7#a72 and 7#c7 describes steps that the ,secretary1 acting through the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 will take to assist ,states in improving-- 7,a7 toxicology testing in cases of motor vehicle crashes2 and 7,b7 the reporting of alcohol and drug toxicology results in cases of motor vehicle crashes4 #bejbf4 ,report on marijuana research 7a7 ,definition of marijuana ,in this section1 the term marijuana has the meaning given the term in section #djjh7;d7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #aeaa74 7b7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,attorney ,general and the ,secretary of ,health and ,human ,services1 shall submit to the ,committees on ,commerce1 ,science1 and ,transportation and the ,judiciary of the ,senate and the ,committees on ,transportation and ,infrastructure and the ,judiciary of the ,house of ,representatives1 and make publicly available on the website of the ,department1 a report that-- 7#a7 describes methods for1 and contains recommendations with respect to-- 7,a7 increasing and improving1 for scientific researchers studying impairment while driving under the influence of marijuana1 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 basis2 7,b7 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 basis2 and 7,c7 facilitating1 for scientific researchers located in ,states that have not legalized marijuana for medical or recreational use1 access to samples and strains of marijuana and products containing marijuana from the clearinghouse described in subparagraph 7,b7 for purposes of research on marijuana-impaired driving2 and 7#b7 identifies1 and contains recommendations for addressing1 ,federal statutory and regulatory barriers to-- 7,a7 the conduct of scientific research on marijuana-impaired driving2 and 7,b7 the establishment of a national clearinghouse for purposes of facilitating research on marijuana-impaired driving4 #bejbg4 ,,gao study on improving the efficiency of traffic systems ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall carry out1 and submit to ,congress a report describing the results of1 a study on the potential societal benefits of improving the efficiency of traffic systems4 ,,vi ,hazardous materials #bfjja4 ,authorization of appropriations ,section #eabh of title #di1 ,united ,states ,code1 is amended to read as follows3 #eabh4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this chapter 7except sections #eajg7;e71 #eajh7;g77#b71 #eaac1 #eaae1 #eaaf1 and #eaai7-- 7#a7 #fg1jjj1jjj for fiscal year #bjbb2 7#b7 #fh1jjj1jjj for fiscal year #bjbc2 7#c7 #fi1jjj1jjj for fiscal year #bjbd2 7#d7 #gj1jjj1jjj for fiscal year #bjbe2 and 7#e7 #ga1jjj1jjj for fiscal year #bjbf4 7b7 ,hazardous ,materials ,emergency ,preparedness ,fund ,from the ,hazardous ,materials ,preparedness ,fund established under section #eaaf7;h71 the ,secretary may expend1 for each of fiscal years #bjbb through #bjbf-- 7#a7 #ci1jej1jjj to carry out section #eaaf7;a72 7#b7 #aej1jjj to carry out section #eaaf7;e72 7#c7 #fbe1jjj to publish and distribute the ,emergency ,response ,guidebook under section #eaaf7;h77#c72 and 7#d7 #b1jjj1jjj to carry out section #eaaf7;i74 7c7 ,hazardous materials training grants ,from the ,hazardous ,materials ,emergency ,preparedness ,fund established pursuant to section #eaaf7;h71 the ,secretary may expend #e1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out section #eajg7;e74 7d7 ,community safety grants ,of the amounts made available under subsection 7a7 to carry out this chapter1 the ,secretary shall withhold #d1jjj1jjj for each of fiscal years #bjbb through #bjbf to carry out section #eajg7;i74 7e7 ,credits to appropriations 7#a7 ,expenses ,in addition to amounts otherwise made available to carry out this chapter1 the ,secretary may credit amounts received from a ,state1 ,indian tribe1 or other public authority or private entity for expenses the ,secretary incurs in providing training to the ,state1 ,indian tribe1 authority or entity4 7#b7 ,availability of amounts ,amounts made available under this section shall remain available until expended4 4 #bfjjb4 ,assistance for local emergency response training grant program ,section #eaaf of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7j71 in the second sentence of the matter preceding paragraph 7#a71 by striking subsection 7i7 and inserting subsections 7i7 and 7j72 7#b7 by redesignating subsection 7j7 as subsection 7k72 and 7#c7 by inserting after subsection 7i7 the following3 7j7 ,alert grant program 7#a7 ,assistance for local emergency response training ,the ,secretary shall establish a grant program to make grants to eligible entities described in paragraph 7#b7-- 7,a7 to develop a hazardous materials response training curriculum for emergency responders1 including response activities for the transportation of crude oil1 ethanol1 and other flammable liquids by rail1 consistent with the standards of the ,national ,fire ,protection ,association2 and 7,b7 to make the training described in subparagraph 7,a7 available in an electronic format4 7#b7 ,eligible entities ,an eligible entity referred to in paragraph 7#a7 is a nonprofit organization that-- 7,a7 represents first responders or public officials responsible for coordinating disaster response2 and 7,b7 is able to provide direct or web-based training to individuals responsible for responding to accidents and incidents involving hazardous materials4 7#c7 ,funding 7,a7 ,in general ,to carry out the grant program under paragraph 7#a71 the ,secretary may use1 for each fiscal year1 any amounts recovered during such fiscal year from grants awarded under this section during a prior fiscal year4 7,b7 ,other hazardous material training activities ,for each fiscal year1 after providing grants under paragraph 7#a71 if funds remain available1 the ,secretary may use the amounts described in subparagraph 7,a7-- 7i7 to make grants under-- 7,i7 subsection 7a77#a77;,c72 7,,ii7 subsection 7i72 and 7,,iii7 section #eajg7;e72 7ii7 to conduct monitoring and provide technical assistance under subsection 7e72 7iii7 to publish and distribute the emergency response guide referred to in subsection 7h77#c72 and 7iv7 to pay administrative costs in accordance with subsection 7h77#d74 7,c7 ,obligation limitation ,notwithstanding any other provision of law1 for each fiscal year1 amounts described in subparagraph 7,a7 shall not be included in the obligation limitation for the ,hazardous ,materials ,emergency ,preparedness grant program for that fiscal year4 4 #bfjjc4 ,real-time emergency response information ,section #gcjb of the ,,fast ,act 7#di ,u4,s4,c4 #bjajc note2 ,public ,law #aad-id7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking #a year after the date of enactment of this ,act and inserting ,december #e1 #bjbb2 7,b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 to provide the electronic train consist information described in subparagraph 7,a7 to authorized ,state and local first responders1 emergency response officials1 and law enforcement personnel that are involved in the response to1 or investigation of1 an accident1 incident1 or public health or safety emergency involving the rail transportation of hazardous materials2 2 7,c7 by striking paragraph 7#b72 7,d7 by redesignating paragraphs 7#c71 7#d71 7#e71 7#f71 and 7#g7 as paragraphs 7#b71 7#c71 7#d71 7#e71 and 7#f71 respectively2 and 7,e7 in paragraph 7#c71 as redesignated1 by striking paragraph 7#c7 and inserting paragraph 7#b72 7#b7 in subsection 7b7-- 7,a7 by striking paragraphs 7#a7 and 7#d72 and 7,b7 by redesignating paragraphs 7#b71 7#c71 7#e71 7#f71 and 7#g7 as paragraphs 7#a71 7#b71 7#c71 7#d71 and 7#e71 respectively2 and 7#c7 in subsection 7c71 by striking 1 as described in subsection 7a77#a77;,b714 ,,vii ,general provisions #bgjja4 ,performance measurement1 transparency1 and accountability ,for each grant awarded under this ,act1 or an amendment made by this ,act1 the ,secretary may-- 7#a7 develop metrics to assess the effectiveness of the activities funded by the grant2 7#b7 establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph 7#a72 and 7#c7 not later than the date that is #d years after the date of the initial award of the grant and every #b years thereafter until the date on which ,federal financial assistance is discontinued for the applicable activity1 conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph 7#b74 #bgjjb4 ,coordination regarding forced labor ,the ,secretary shall coordinate with the ,commissioner of ,u4,s4 ,customs and ,border ,protection to ensure that no illegal products or materials produced with forced labor are procured with funding made available under this ,act4 #bgjjc4 ,department of ,transportation spectrum audit 7a7 ,audit and report ,not later than #ah months after the date of enactment of this ,act1 the ,assistant ,secretary of ,commerce for ,communications and ,information and the ,secretary shall jointly-- 7#a7 conduct an audit of the electromagnetic spectrum that is assigned or otherwise allocated to the ,department as of the date of the audit2 and 7#b7 submit to ,congress1 and make available to each ,member of ,congress upon request1 a report containing the results of the audit conducted under paragraph 7#a74 7b7 ,contents of report ,the ,assistant ,secretary of ,commerce for ,communications and ,information and the ,secretary shall include in the report submitted under subsection 7a77#b71 with respect to the electromagnetic spectrum that is assigned or otherwise allocated to the ,department as of the date of the audit-- 7#a7 each particular band of spectrum being used by the ,department2 7#b7 a description of each purpose for which a particular band described in paragraph 7#a7 is being used1 and how much of the band is being used for that purpose2 7#c7 the ,state or other geographic area in which a particular band described in paragraph 7#a7 is assigned or allocated for use2 7#d7 whether a particular band described in paragraph 7#a7 is used exclusively by the ,department or shared with another ,federal entity or a non-,federal entity2 and 7#e7 any portion of the spectrum that is not being used by the ,department4 7c7 ,form of report ,the report required under subsection 7a77#b7 shall be submitted in unclassified form but may include a classified annex4 #bgjjd4 ,study and reports on the travel and tourism activities of the ,department 7a7 ,study 7#a7 ,in general ,the ,secretary shall conduct a study 7referred to in this section as the study7 on the travel and tourism activities within the ,department4 7#b7 ,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 ,department4 7b7 ,report of the ,secretary ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives a report on the results of the study1 which shall include-- 7#a7 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 ,department2 7#b7 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 programs2 and 7#c7 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 programs4 7c7 ,,gao assessment and report 7#a7 ,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 activities1 including the consideration of travel and tourism needs or criteria in considering applications for grants under the grant programs of the ,department1 in order to identify-- 7,a7 any resources needed by the ,department2 and 7,b7 any barriers to carrying out those activities4 7#b7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,commerce1 ,science1 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 7#a71 which shall include-- 7,a7 recommendations for improving the evaluation and consideration by the ,department of travel and tourism with respect to the discretionary grant programs of the ,department2 7,b7 an assessment of the resources needed to carry out the tourism- and travel-related activities of the ,department2 7,c7 an assessment of any barriers to carrying out activities relating to travel and tourism2 and 7,d7 recommendations for improving the ability of the ,department to carry out activities relating to travel and tourism1 which may include proposed statutory or regulatory changes that may be needed to facilitate those activities4 ,,viii ,sport fish restoration and recreational boating safety #bhjja4 ,sport fish restoration and recreational boating safety 7a7 ,division of annual appropriations 7#a7 ,in general ,section #d of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;c7 is amended-- 7,a7 in subsection 7a71 by striking #bjba and inserting #bjbf2 7,b7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 in subparagraph 7,a71 by striking #bjba and inserting #bjbf2 and 7,,ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for the fiscal year that includes the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the sum obtained by adding-- 7,i7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7,,ii7 #igi1ejj2 and 7ii7 for each fiscal year thereafter1 the sum obtained by adding-- 7,i7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7bb7 the change1 relative to the preceding fiscal year1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 2 and 7ii7 in paragraph 7#b7-- 7,i7 in subparagraph 7,a71 by striking #bjaf through #bjba and inserting #bjbb through #bjbf2 and 7,,ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for fiscal year #bjbb1 #ab1ghf1dcd2 and 7ii7 for fiscal year #bjbc and each fiscal year thereafter1 the sum obtained by adding-- 7,i7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7bb7 the change1 relative to the preceding fiscal year1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 2 and 7,c7 in subsection 7e77#b71 by striking #ijj1jjj and inserting #a1cjj1jjj4 7#b7 ,administration ,section #i7;a7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #ggg;h7a77 is amended-- 7,a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 personnel costs of employees for the work hours of each employee spent directly administering this ,act1 as those hours are certified by the supervisor of the employee2 2 7,b7 by redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#b7 through 7#aa71 respectively2 7,c7 in paragraph 7#b7 7as so redesignated71 by striking paragraphs 7#a7 and 7#b7 and inserting paragraph 7#a72 7,d7 in paragraph 7#d77;,b7 7as so redesignated71 by striking full-time equivalent employee authorized under paragraphs 7#a7 and 7#b7 and inserting employee authorized under paragraph 7#a72 7,e7 in paragraph 7#h77;,a7 7as so redesignated71 by striking on a full-time basis2 and 7,f7 in paragraph 7#aj7 7as so redesignated7-- 7i7 by inserting or part-time after full-time2 and 7ii7 by inserting 1 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 incurred4 7#c7 ,other activities ,section #ad7;e7 of the ,dingell-,johnson ,sport ,fish ,restoration ,act 7#af ,u4,s4,c4 #gggm7e77 is amended by adding at the end the following3 7#c7 ,a portion1 as determined by the ,sport ,fishing and ,boating ,partnership ,council1 of funds disbursed for the purposes described in paragraph 7#b7 but remaining unobligated as of ,october #a1 #bjba1 shall be used to study the impact of derelict vessels and identify recyclable solutions for recreational vessels4 4 7#d7 ,recreational boating safety ,section #acajg7;c77#b7 of title #df1 ,united ,states ,code1 is amended by striking ,no funds available and inserting ,on or after ,october #a1 #bjbd1 no funds available4 7b7 ,wildlife restoration fund administration 7#a7 ,allocation and apportionment of available amounts ,section #d7;a7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;c7a77 is amended-- 7,a7 in paragraph 7#a71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,available amounts ,the available amount referred to in subparagraph 7,a7 is-- 7i7 for the fiscal year that includes the date of enactment of the ,surface ,transportation ,reauthorization ,act of #bjba1 the sum obtained by adding-- 7,i7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7,,ii7 #igi1ejj2 and 7ii7 for each fiscal year thereafter1 the sum obtained by adding-- 7,i7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7,,ii7 the product obtained by multiplying-- 7aa7 the available amount specified in this subparagraph for the preceding fiscal year2 and 7bb7 the change1 relative to the preceding fiscal year1 in the ,consumer ,price ,index for ,all ,urban ,consumers published by the ,department of ,labor4 2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting subsequent before fiscal year42 and 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,apportionment of unobligated amounts 7i7 ,in general ,not later than #fj days after the end of a fiscal year1 the ,secretary of the ,interior shall apportion among the ,states any of the available amount under paragraph 7#a7 that remained available for obligation pursuant to subparagraph 7,a7 during that fiscal year and remains unobligated at the end of that fiscal year4 7ii7 ,requirement ,the available amount apportioned under clause 7i7 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 available4 4 7#b7 ,authorized expenses for administration ,section #i7;a7 of the ,pittman-,robertson ,wildlife ,restoration ,act 7#af ,u4,s4,c4 #ffi;h7a77 is amended-- 7,a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 personnel costs of employees for the work hours of each employee spent directly administering this ,act1 as those hours are certified by the supervisor of the employee2 2 7,b7 by redesignating paragraphs 7#c7 through 7#ab7 as paragraphs 7#b7 through 7#aa71 respectively2 7,c7 in paragraph 7#b7 7as so redesignated71 by striking paragraphs 7#a7 and 7#b7 and inserting paragraph 7#a72 7,d7 in paragraph 7#d77;,b7 7as so redesignated71 by striking full-time equivalent employee authorized under paragraphs 7#a7 and 7#b7 and inserting employee authorized under paragraph 7#a72 7,e7 in paragraph 7#h77;,a7 7as so redesignated71 by striking on a full-time basis2 and 7,f7 in paragraph 7#aj7 7as so redesignated7-- 7i7 by inserting or part-time after full-time2 and 7ii7 by inserting 1 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 incurred4 7c7 ,recreational boating access 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,sport ,fishing and ,boating ,partnership ,council1 the ,committee on ,natural ,resources and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 and the ,committee on ,commerce1 ,science1 and ,transportation and the ,committee on ,environment and ,public ,works of the ,senate a report that1 to the extent practicable1 given available data1 shall document-- 7,a7 the use of nonmotorized vessels in each ,state and how the increased use of nonmotorized vessels is impacting motorized and nonmotorized vessel access2 7,b7 user conflicts at waterway access points2 and 7,c7 the use of-- 7i7 ,sport ,fish ,restoration ,program funds to improve nonmotorized access at waterway entry points and the reasons for providing that access2 and 7ii7 ,recreational ,boating ,safety ,program funds for nonmotorized boating safety programs4 7#b7 ,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 design1 scope1 and priorities for the report under paragraph 7#a74 7d7 ,sport ,fishing and ,boating ,partnership ,council 7#a7 ,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 7#e ,u4,s4,c4 ,app474 7#b7 ,,faca ,the ,secretary of the ,interior and the ,secretary of ,commerce shall jointly carry out the requirements of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 with respect to the ,sport ,fishing and ,boating ,partnership ,council described in paragraph 7#a74 7#c7 ,effective date ,this subsection shall take effect on ,january #a1 #bjbc4 ,c ,transit #cjjja4 ,definitions 7a7 ,in general ,section #ecjb of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#a7 through 7#bd7 as paragraphs 7#b71 7#c71 7#d71 7#e71 7#f71 7#g71 7#h71 7#i71 7#aj71 7#aa71 7#ab71 7#ac71 7#ad71 7#ae71 7#af71 7#ag71 7#ah71 7#ai71 7#bj71 7#ba71 7#bb71 7#bc71 7#bd71 and 7#be71 respectively2 and 7#b7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,assault on a transit worker ,the term assault on a transit worker means a circumstance in which an individual knowingly1 without lawful authority or permission1 and with intent to endanger the safety of any individual1 or with a reckless disregard for the safety of human life1 interferes with1 disables1 or incapacitates a transit worker while the transit worker is performing the duties of the transit worker4 2 and 7#c7 in subparagraph 7,g7 of paragraph 7#d7 7as so redesignated7-- 7,a7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 7,b7 by inserting after clause 7iii7 the following3 7iv7 provides that if equipment to fuel privately owned zero-emission passenger vehicles is installed1 the recipient of assistance under this chapter shall collect fees from users of the equipment in order to recover the costs of construction1 maintenance1 and operation of the equipment2 2 7,c7 in clause 7vi7 7as so redesignated7-- 7i7 in subclause 7,,xiii71 by striking and at the end2 7ii7 in subclause 7,,xiv71 by adding and after the semicolon2 and 7iii7 by adding at the end the following3 7,,xv7 technology to fuel a zero-emission vehicle2 4 7b7 ,conforming amendments 7#a7 ,section #fja7;a77#ab77;,e7 of title #bc1 ,united ,states ,code1 is amended by striking section #ecjb7c77;,g77v7 and inserting section #ecjb7d77;,g77v74 7#b7 ,section #ecbc7;e77#c7 of title #di1 ,united ,states ,code1 is amended by striking section #ecjb7c77;,j7 and inserting section #ecjb7d77;,j74 7#c7 ,section #eccf7;e7 of title #di1 ,united ,states ,code1 is amended by striking 1 as defined in section #ecjb7d74 7#d7 ,section #bheja7d7 of title #di1 ,united ,states ,code1 is amended by striking section #ecjb7;a77#f7 and inserting section #ecjb4 #cjjjb4 ,metropolitan transportation planning 7a7 ,in general ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#a71 by inserting and better connect housing and employment after urbanized areas2 7#b7 in subsection 7g77#c77;,a71 by inserting housing1 after economic development12 7#c7 in subsection 7h77#a77;,e71 by inserting 1 housing1 after growth2 7#d7 in subsection 7i7-- 7,a7 in paragraph 7#d77;,b7-- 7i7 by redesignating clauses 7iii7 through 7vi7 as clauses 7iv7 through 7vii71 respectively2 and 7ii7 by inserting after clause 7ii7 the following3 7iii7 assumed distribution of population and housing2 2 and 7,b7 in paragraph 7#f77;,a71 by inserting affordable housing organizations1 after disabled12 and 7#e7 in subsection 7k7-- 7,a7 by redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7,b7 by inserting after paragraph 7#c7 the following3 7#d7 ,housing coordination process 7,a7 ,in general ,within a metropolitan planning area serving a transportation management area1 the transportation planning process under this section may address the integration of housing1 transportation1 and economic development strategies through a process that provides for effective integration1 based on a cooperatively developed and implemented strategy1 of new and existing transportation facilities eligible for funding under this chapter and title #bc4 7,b7 ,coordination in integrated planning process ,in carrying out the process described in subparagraph 7,a71 a metropolitan planning organization may-- 7i7 consult with-- 7,i7 ,state and local entities responsible for land use1 economic development1 housing1 management of road networks1 or public transportation2 and 7,,ii7 other appropriate public or private entities2 and 7ii7 coordinate1 to the extent practicable1 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 #aje of the ,cranston-,gonzalez ,national ,affordable ,housing ,act 7#db ,u4,s4,c4 #abgje7 and plans developed under section #e;,a of the ,united ,states ,housing ,act of #aicg 7#db ,u4,s4,c4 #adcg;c-#a74 7,c7 ,housing coordination plan 7i7 ,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 organization4 7ii7 ,contents ,a plan described in clause 7i7 may-- 7,i7 develop regional goals for the integration of housing1 transportation1 and economic development strategies to-- 7aa7 better connect housing and employment while mitigating commuting times2 7bb7 align transportation improvements with housing needs1 such as housing supply shortages1 and proposed housing development2 7cc7 align planning for housing and transportation to address needs in relationship to household incomes within the metropolitan planning area2 7dd7 expand housing and economic development within the catchment areas of existing transportation facilities and public transportation services when appropriate1 including higher-density development1 as locally determined2 7ee7 manage effects of growth of vehicle miles traveled experienced in the metropolitan planning area related to housing development and economic development2 7ff7 increase share of households with sufficient and affordable access to the transportation networks of the metropolitan planning area2 7,,ii7 identify the location of existing and planned housing and employment1 and transportation options that connect housing and employment2 and 7,,iii7 include a comparison of transportation plans to land use management plans1 including zoning plans1 that may affect road use1 public transportation ridership and housing development4 4 7b7 ,additional consideration and coordination ,section #ecjc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7d7-- 7,a7 in paragraph 7#c71 by adding at the end the following3 7,d7 ,considerations ,in designating officials or representatives under paragraph 7#b7 for the first time1 subject to the bylaws or enabling statute of the metropolitan planning organization1 the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area4 2 and 7,b7 in paragraph 7#g7-- 7i7 by striking an existing metropolitan planning area and inserting an existing urbanized area 7as defined by the ,bureau of the ,census72 and 7ii7 by striking the existing metropolitan planning area and inserting the area2 7#b7 in subsection 7g7-- 7,a7 in paragraph 7#a71 by striking a metropolitan area and inserting an urbanized area 7as defined by the ,bureau of the ,census72 and 7,b7 by adding at the end the following3 7#d7 ,coordination between ,m,p,os ,if more than #a metropolitan planning organization is designated within an urbanized area 7as defined by the ,bureau of the ,census7 under subsection 7d77#g71 the metropolitan planning organizations designated within the area shall ensure1 to the maximum extent practicable1 the consistency of any data used in the planning process1 including information used in forecasting travel demand4 7#e7 ,savings clause ,nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents1 including a unified long-range transportation plan or unified ,,tip4 2 7#c7 in subsection 7i77#f71 by adding at the end the following3 7,d7 ,use of technology ,a metropolitan planning organization may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 2 and 7#d7 in subsection 7p71 by striking section #ajd7;b77#e7 and inserting section #ajd7;b77#f74 #cjjjc4 ,statewide and nonmetropolitan transportation planning 7a7 ,technical amendments ,section #ecjd of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking the quotation marks before ,in2 and 7#b7 in subsection 7i71 by striking this this and inserting this4 7b7 ,use of technology ,section #ecjd7;f77#c7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7,c7 ,use of technology ,a ,state may use social media and other web-based tools-- 7i7 to further encourage public participation2 and 7ii7 to solicit public feedback during the transportation planning process4 4 #cjjjd4 ,planning programs ,section #ecje of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7e77#a77;,a71 in the matter preceding clause 7i71 by striking this section and section and inserting this section and sections2 and 7#b7 by striking subsection 7f7 and inserting the following3 7f7 ,government share of costs 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,government share of the cost of an activity funded using amounts made available under this section may not exceed #hj percent of the cost of the activity unless the ,secretary determines that it is in the interests of the ,government-- 7,a7 not to require a ,state or local match2 or 7,b7 to allow a ,government share greater than #hj percent4 7#b7 ,certain activities 7,a7 ,in general ,the ,government share of the cost of an activity funded using amounts made available under this section shall be not less than #ij 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-- 7i7 the applicable urbanized area2 7ii7 the applicable rural area2 7iii7 an adjoining urbanized area2 or 7iv7 an adjoining rural area4 7,b7 ,report ,a ,state or metropolitan planning organization that carries out an activity described in subparagraph 7,a7 with an increased ,government share described in that subparagraph shall report to the ,secretary1 in a form as determined by the ,secretary1 how the increased ,government share for transportation planning activities benefits commuting and other essential travel in parts of the applicable urbanized area or rural area described in subparagraph 7,a7 with lower population density or lower average income levels4 4 #cjjje4 ,fixed guideway capital investment grants 7a7 ,in general ,section #ecji of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking paragraph 7#f72 7,b7 by redesignating paragraph 7#g7 as paragraph 7#f72 and 7,c7 in paragraph 7#f7 7as so redesignated7-- 7i7 in subparagraph 7,a71 by striking #ajj1jjj1jjj and inserting #aej1jjj1jjj2 and 7ii7 in subparagraph 7,b71 by striking #cjj1jjj1jjj and inserting #djj1jjj1jjj2 7#b7 in subsection 7c77#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b77iii71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 the applicant has made progress toward meeting the performance targets in section #ecbf7;c77#b74 2 7#c7 in subsection 7e77#b77;,a77iii77,,ii71 by striking the next #e years and inserting the next #aj years1 without regard to any temporary measures employed by the applicant expected to increase short-term capacity within the next #aj years2 7#d7 in subsection 7g7-- 7,a7 in paragraph 7#c77;,a71 by striking exceed and all that follows through #ej percent and inserting exceed #ej percent2 7,b7 by redesignating paragraph 7#g7 as paragraph 7#h72 and 7,c7 by inserting after paragraph 7#f7 the following3 7#g7 ,project re-entry ,in carrying out ratings and evaluations under this subsection1 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 evaluation4 2 7#e7 in subsection 7i71 by striking paragraphs 7#a7 through 7#h7 and inserting the following3 7#a7 ,future bundling 7,a7 ,definition ,in this paragraph1 the term future bundling request means a letter described in subparagraph 7,b7 that requests future funding for additional projects4 7,b7 ,request ,when an applicant submits a letter to the ,secretary requesting entry of a project into the project development phase under subsection 7d77#a77;,a77i77,i71 7e77#a77;,a77i77,i71 or 7h77#b77;,a77i77,i71 the applicant may include a description of other projects for consideration for future funding under this section4 ,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 project4 7,c7 ,readiness ,other projects included in the request shall be ready to enter the project development phase under subsection 7d77#a77;,a71 7e77#a77;,a71 or 7h77#b77;,a71 within #e years of the initial project submitted as part of the request4 7,d7 ,planning ,projects in the future bundling request shall be included in the metropolitan transportation plan in accordance with section #ecjc7;i74 7,e7 ,project sponsor ,the applicant that submits a future bundling request shall be the project sponsor for each project included in the request4 7,f7 ,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 7k77#b77;,c77ii7 or 7h77#g71 as applicable4 7,g7 ,benefits ,the bundling of projects under this subsection-- 7i7 shall enhance1 or increase the capacity of-- 7,i7 the total transportation system of the applicant2 or 7,,ii7 the transportation system of the region the applicant serves 7which1 in the case of a ,state whose request addresses a single region1 means that region72 and 7ii7 shall-- 7,i7 streamline procurements for the applicant2 or 7,,ii7 enable time or cost savings for the projects4 7,h7 ,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 type1 including demonstrating the availability of local resources to recapitalize1 maintain1 and operate the overall existing and proposed public transportation system pursuant to subsection 7f77#a77;,c74 7,i7 ,letter of intent 7i7 ,in general ,upon entering into a grant agreement for the initial project for which an applicant submits a future bundling request1 the ,secretary may issue a letter of intent to the applicant that announces an intention to obligate1 for #a or more additional projects included in the request1 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 bundling4 ,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 executed4 7ii7 ,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 7i7 shall be sufficient to complete at least an operable segment of the project4 7iii7 ,treatment ,the issuance of a letter of intent under clause 7i7 shall not be deemed to be an obligation under sections #aajh7;c71 #aeja1 and #aejb7;a7 of title #ca or an administrative commitment4 7#b7 ,immediate bundling 7,a7 ,definition ,in this paragraph1 the term immediate bundling request means a letter described in subparagraph 7,b7 that requests immediate funding for multiple projects4 7,b7 ,request ,an applicant may submit a letter to the ,secretary requesting entry of multiple projects into the project development phase under subsection 7d77#a77;,a77i77,i71 7e77#a77;,a77i77,i71 or 7h77#b77;,a77i77,i71 for consideration for funding under this section4 ,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 project4 7,c7 ,readiness ,projects included in the request must be ready to enter the project development phase under subsection 7d77#a77;,a71 7e77#a77;,a71 or 7h77#b77;,a7 at the same time4 7,d7 ,planning ,projects in the bundle shall be included in the metropolitan transportation plan in accordance with section #ecjc7;i74 7,e7 ,project sponsor ,the applicant that submits an immediate bundling request shall be the project sponsor for each project included in the request4 7,f7 ,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 7k77#b77;,c77ii7 or 7h77#g71 as applicable4 7,g7 ,benefits ,the bundling of projects under this subsection-- 7i7 shall enhance1 or increase the capacity of-- 7,i7 the total transportation system of the applicant2 or 7,,ii7 the transportation system of the region the applicant serves 7which1 in the case of a ,state whose request addresses a single region1 means that region72 and 7ii7 shall-- 7,i7 streamline procurements for the applicant2 or 7,,ii7 enable time or cost savings for the projects4 7,h7 ,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 type1 including demonstrating the availability of local resources to recapitalize1 maintain1 and operate the overall existing and proposed public transportation system pursuant to subsection 7f77#a77;,c74 7,i7 ,letter of intent or single grant agreement 7i7 ,in general ,upon entering into a grant agreement for the initial project for which an applicant submits a request1 the ,secretary may issue a letter of intent or single1 combined grant agreement to the applicant4 7ii7 ,letter of intent 7,i7 ,in general ,a letter of intent announces an intention to obligate1 for #a or more additional projects included in the request1 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 projects4 ,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 executed4 7,,ii7 ,amount ,the amount that the ,secretary announces an intention to obligate for an additional project in a letter of intent issued under clause 7i7 shall be sufficient to complete at least an operable segment of the project4 7,,iii7 ,treatment ,the issuance of a letter of intent under clause 7i7 shall not be deemed to be an obligation under sections #aajh7;c71 #aeja1 and #aejb7;a7 of title #ca or an administrative commitment4 7#c7 ,evaluation criteria ,when the ,secretary issues rules or policy guidance under this section1 the ,secretary may request comment from the public regarding potential changes to the evaluation criteria for project justification and local financial commitment under subsections 7d71 7e71 7f71 and 7h7 for the purposes of streamlining the evaluation process for projects included in a future bundling request or an immediate bundling request1 including changes to enable simultaneous evaluation of multiple projects under #a or more evaluation criteria4 ,notwithstanding paragraphs 7#a77;,h7 and 7#b77;,h71 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 guidance4 7#d7 ,grant agreements 7,a7 ,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 7k77#b74 7,b7 ,small start ,a small start project shall be carried out through a grant agreement pursuant to subsection 7h77#g74 7,c7 ,requirement ,a combined grant agreement described in paragraph 7#b77;,i77i7 shall-- 7i7 include only projects in an immediate future bundling request that are ready to receive a grant agreement under this section1 7ii7 be carried out through a full funding grant agreement or expedited grant agreement pursuant to subsection 7k77#b7 for the included projects1 if a project seeking assistance under the combined grant agreement is a new start project or core capacity improvement project2 and 7iii7 be carried out through a grant agreement pursuant to subsection 7h77#g7 for the included projects1 if the projects seeking assistance under the combined grant agreement consist entirely of small start projects4 7,d7 ,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 agreement4 2 7#f7 in subsection 7k7-- 7,a7 in paragraph 7#b77;,e7-- 7i7 by striking 7,e7 ,before and after study4-- and all that follows through 7,i7 ,submission of plan4-- and inserting the following3 87,e7 ,information collection and analysis plan4-- 7i7 ,submission of plan 2 7ii7 by redesignating subclause 7,,ii7 of clause 7i7 7as so designated7 as clause 7ii71 and adjusting the margin accordingly2 and 7iii7 in clause 7ii7 7as so redesignated7-- 7,i7 by redesignating items 7aa7 through 7dd7 as subclauses 7,i7 through 7,,iv71 respectively1 and adjusting the margins accordingly2 and 7,,ii7 in the matter preceding subclause 7,i7 7as so redesignated71 by striking subclause 7,i7 and inserting clause 7i72 and 7,b7 in paragraph 7#e71 by striking ,at least #cj and inserting ,not later than #ae2 7#g7 in subsection 7o7-- 7,a7 by striking paragraph 7#b72 7,b7 by redesignating paragraph 7#c7 as paragraph 7#b72 and 7,c7 in paragraph 7#b7 7as so redesignated7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by striking of and inserting that2 7,,ii7 by redesignating clauses 7i7 and 7ii7 as subclauses 7,i7 and 7,,ii71 respectively1 and adjusting the margins accordingly2 7,,iii7 by inserting before subclause 7,i7 7as so redesignated71 the following3 7i7 assesses-- 2 7,,iv7 in clause 7i7 7as so designated7-- 7aa7 in subclause 7,i7 7as so redesignated71 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 #cjje7;b7 of the ,federal ,public ,transportation ,act of #bjae 7#di ,u4,s4,c4 #ecji note2 ,public ,law #aad-id72 and 7bb7 in subclause 7,,ii7 7as so redesignated71 by striking and at the end2 and 7,v7 by adding at the end the following3 7ii7 includes1 with respect to projects that entered into revenue service since the previous biennial review-- 7,i7 a description and analysis of the impacts of the projects on public transportation services and public transportation ridership2 7,,ii7 a description and analysis of the consistency of predicted and actual benefits and costs of the innovative project development and delivery methods of1 or innovative financing for1 the projects2 and 7,,iii7 an identification of the reasons for any differences between predicted and actual outcomes for the projects2 and 7iii7 in conducting the review under clause 7ii71 incorporates information from the plans submitted by applicants under subsection 7k77#b77;,e77i72 and 2 and 7ii7 in subparagraph 7,b71 by striking each year and inserting the applicable year2 and 7#h7 by adding at the end the following3 7r7 ,capital investment grant dashboard 7#a7 ,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 section3 7,a7 ,project name4 7,b7 ,project sponsor4 7,c7 ,city or urbanized area and ,state in which the project will be located4 7,d7 ,project type4 7,e7 ,project mode4 7,f7 ,project length and number of stops1 including length of exclusive bus rapid transit lanes1 if applicable4 7,g7 ,anticipated total project cost4 7,h7 ,anticipated share of project costs to be sought under this section4 7,i7 ,date of compliance with the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7,j7 ,date on which the project entered the project development phase4 7,k7 ,date on which the project entered the engineering phase1 if applicable4 7,l7 ,date on which a ,letter of ,no ,prejudice was requested1 and date on which a ,letter of ,no ,prejudice was issued or denied1 if applicable4 7,m7 ,date of the applicant's most recent project ratings1 including date of request for updated ratings1 if applicable4 7,n7 ,status of the project sponsor in securing non-,federal matching funds4 7,o7 ,date on which a project grant agreement is anticipated to be executed4 7#b7 ,updates ,the ,secretary shall update the information provided under paragraph 7#a7 not less frequently than monthly4 7#c7 ,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 ,transportation1 in the same manner as the ,secretary did as of the day before the date of enactment of this subsection4 4 7b7 ,expedited project delivery for capital investment grants pilot program ,section #cjje7;b7 of the ,federal ,public ,transportation ,act of #bjae 7#di ,u4,s4,c4 #ecji note2 ,public ,law #aad-id7 is amended-- 7#a7 in paragraph 7#a77;,i7-- 7,a7 in clause 7i71 by striking #ge1jjj1jjj and inserting #aej1jjj1jjj2 and 7,b7 in clause 7ii71 by striking #cjj1jjj1jjj and inserting #djj1jjj1jjj2 7#b7 in paragraph 7#h77;,d77i71 by striking #cj days and inserting #ae days2 7#c7 by striking paragraph 7#ab72 and 7#d7 by redesignating paragraph 7#ac7 as paragraph 7#ab74 #cjjjf4 ,formula grants for rural areas ,section #ecaa of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7c7-- 7,a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#c7 and 7#d71 respectively2 7,b7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,of the amounts made available or appropriated for each fiscal year pursuant to section #ecch7;a77#b77;,f7 to carry out this section-- 7,a7 an amount equal to #e percent shall be available to carry out paragraph 7#b72 and 7,b7 #c percent shall be available to carry out paragraph 7#c74 7#b7 ,public transportation on ,indian reservations ,for each fiscal year1 the amounts made available under paragraph 7#a77;,a7 shall be apportioned for grants to ,indian tribes for any purpose eligible under this section1 under such terms and conditions as may be established by the ,secretary1 of which-- 7,a7 #bj percent shall be distributed by the ,secretary on a competitive basis2 and 7,b7 #hj percent shall be apportioned as formula grants as provided in subsection 7j74 2 and 7#b7 in subsection 7j77#a77;,a71 in the matter preceding clause 7i71 by striking subsection 7c77#a77;,b7 and inserting subsection 7c77#b77;,b74 #cjjjg4 ,public transportation innovation 7a7 ,in general ,section #ecab of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking the first subsection designated as subsection 7g71 relating to annual reports on research1 as so designated by section #cjjh7;a77#f77;,a7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #adfh7 and inserting the following3 7f7 ,annual report on research 7#a7 ,in general ,not later than the first ,monday in ,february of each year1 the ,secretary shall make available to the public on the ,web site of the ,department of ,transportation1 a report that includes-- 7,a7 a description of each project that received assistance under this section during the preceding fiscal year2 7,b7 an evaluation of each project described in paragraph 7#a71 including any evaluation conducted under subsection 7e77#d7 for the preceding fiscal year2 and 7,c7 a strategic research roadmap proposal for allocations of amounts for assistance under this section for the current and subsequent fiscal year1 including anticipated work areas1 proposed demonstrations and strategic partnership opportunities2 7#b7 ,updates ,not less than every #c months1 the ,secretary shall update on the ,web site of the ,department of ,transportation the information described in paragraph 7#a77;,c7 to reflect any changes to the ,secretary's plans to make assistance available under this section4 7#c7 ,long-term research plans ,the ,secretary is encouraged to develop long-term research plans and shall identify in the annual report under paragraph 7#a7 and in updates under paragraph 7#b7 allocations of amounts for assistance and notices of funding opportunities to execute long-term strategic research roadmap plans4 2 7#b7 in paragraph 7#a7 of subsection 7g71 relating to ,government share of costs1 by striking the period at the end and inserting 1 except that if there is substantial public interest or benefit1 the ,secretary may approve a greater ,federal share42 and 7#c7 in subsection 7h7-- 7,a7 in paragraph 7#b7-- 7i7 by striking subparagraph 7,a7 and inserting the following3 7,a7 ,in general ,the ,secretary shall competitively select at least #a facility-- 7i7 to conduct testing1 evaluation1 and analysis of low or no emission vehicle components intended for use in low or no emission vehicles2 and 7ii7 to conduct directed technology research4 2 7ii7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,testing1 evaluation1 and analysis 7i7 ,in general ,the ,secretary shall enter into a contract or cooperative agreement with1 or make a grant to1 at least #a institution of higher education to operate and maintain a facility to conduct testing1 evaluation1 and analysis of low or no emission vehicle components1 and new and emerging technology components1 intended for use in low or no emission vehicles4 7ii7 ,requirements ,an institution of higher education described in clause 7i7 shall have-- 7,i7 capacity to carry out transportation-related advanced component and vehicle evaluation2 7,,ii7 laboratories capable of testing and evaluation2 and 7,,iii7 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 vehicle4 2 and 7iii7 by adding at the end the following3 7,h7 ,capital equipment and directed research ,a facility operated and maintained under subparagraph 7,a7 may use funds made available under this subsection for-- 7i7 acquisition of equipment and capital projects related to testing low or no emission vehicle components2 or 7ii7 research related to advanced vehicle technologies that provides advancements to the entire public transportation industry4 7,i7 ,cost share ,the cost share for activities described in subparagraph 7,h7 shall be subject to the terms in subsection 7g74 2 and 7,b7 in paragraph 7#c71 by inserting 1 as applicable before the period at the end4 7b7 ,low or no emission vehicle component assessment 7#a7 ,in general ,institutions of higher education selected to operate and maintain a facility to conduct testing1 evaluation1 and analysis of low or no emission vehicle components pursuant to section #ecab7;h7 of title #di1 ,united ,states ,code1 shall not carry out testing for a new bus model under section #ecah of that title4 7#b7 ,use of funds ,funds made available to institutions of higher education described in paragraph 7#a7 for testing under section #ecah of title #di1 ,united ,states ,code1 may be used for eligible activities under section #ecab7;h7 of that title4 7c7 ,accelerated implementation and deployment of advanced digital construction management systems ,section #ecab7;b7 of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7#d7 ,accelerated implementation and deployment of advanced digital construction management systems 7,a7 ,in general ,the ,secretary shall establish and implement a program under this subsection to promote1 implement1 deploy1 demonstrate1 showcase1 support1 and document the application of advanced digital construction management systems1 practices1 performance1 and benefits4 7,b7 ,goals ,the goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph 7,a7 shall include-- 7i7 accelerated adoption of advanced digital systems applied throughout the lifecycle of transportation infrastructure 7including through the planning1 design and engineering1 construction1 operations1 and maintenance phases7 that-- 7,i7 maximize interoperability with other systems1 products1 tools1 or applications2 7,,ii7 boost productivity2 7,,iii7 manage complexity2 7,,iv7 reduce project delays and cost overruns2 7,v7 enhance safety and quality2 and 7,,vi7 reduce total costs for the entire lifecycle of transportation infrastructure assets2 7ii7 more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints1 design drawings1 procurement and supply-chain orders1 equipment logs1 daily progress reports1 and punch lists2 7iii7 deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors1 such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster1 safer1 more accurately1 and with minimal supervision2 7iv7 the development and deployment of best practices for use in digital construction management2 7v7 increased technology adoption and deployment by ,states1 local governmental authorities1 and designated recipients that enables project sponsors-- 7,i7 to integrate the adoption of digital management systems and technologies in contracts2 and 7,,ii7 to weigh the cost of digitization and technology in setting project budgets2 7vi7 technology training and workforce development to build the capabilities of project managers and sponsors that enables ,states1 local governmental authorities1 or designated recipients-- 7,i7 to better manage projects using advanced construction management technologies2 and 7,,ii7 to properly measure and reward technology adoption across projects2 7vii7 development of guidance to assist ,states1 local governmental authorities1 and designated recipients in updating regulations to allow project sponsors and contractors-- 7,i7 to report data relating to the project in digital formats2 and 7,,ii7 to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies2 7viii7 reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects2 and 7ix7 enhanced worker and pedestrian safety resulting from increased transparency4 7,c7 ,publication ,the reporting requirements for the accelerated implementation and deployment of advanced digital construction management systems program established under section #ejc7;c77#e7 of title #bc shall include data and analysis collected under this section4 4 #cjjjh4 ,bus testing facilities ,section #ecah of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,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 models4 4 #cjjji4 ,transit-oriented development ,section #bjjje7;b7 of ,,map-#ba 7#di ,u4,s4,c4 #ecjc note2 ,public ,law #aab-ada7 is amended-- 7#a7 in paragraph 7#b71 in the matter preceding subparagraph 7,a71 by inserting or site-specific after comprehensive2 and 7#b7 in paragraph 7#c7-- 7,a7 in subparagraph 7,b71 by inserting or a site-specific plan after comprehensive plan2 7,b7 in subparagraph 7,c71 by inserting or the proposed site-specific plan after proposed comprehensive plan2 7,c7 in subparagraph 7,d71 by inserting or the site-specific plan after comprehensive plan2 and 7,d7 in subparagraph 7,e77iii71 by inserting or the site-specific plan after comprehensive plan4 #cjjaj4 ,general provisions ,section #ecbc7u7 of title #di1 ,united ,states ,code1 is amended by striking paragraph 7#b7 and inserting the following3 7#b7 ,exception ,for purposes of paragraph 7#a71 the term otherwise related legally or financially does not include-- 7,a7 a minority relationship or investment2 or 7,b7 relationship with or investment in a subsidiary1 joint venture1 or other entity based in a country described in paragraph 7#a77;,b7 that does not export rolling stock or components of rolling stock for use in the ,united ,states4 4 #cjjaa4 ,public transportation emergency relief program ,section #ecbd of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,insurance ,before receiving a grant under this section following an emergency1 an applicant shall-- 7#a7 submit to the ,secretary documentation demonstrating proof of insurance required under ,federal law for all structures related to the grant application2 and 7#b7 certify to the ,secretary that the applicant has insurance required under ,state law for all structures related to the grant application4 4 #cjjab4 ,public transportation safety program 7a7 ,in general ,section #ecbi of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by inserting 1 or1 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 safety performance measures1 including measures related to the risk reduction program under subsection 7d77#a77;,i71 for all modes of public transportation after public transportation2 7ii7 in subparagraph 7,c77ii7-- 7,i7 in subclause 7,i71 by striking and at the end2 7,,ii7 in subclause 7,,ii71 by adding and at the end2 and 7,,iii7 by adding at the end the following3 7,,iii7 innovations in driver assistance technologies and driver protection infrastructure1 where appropriate1 and a reduction in visibility impairments that contribute to pedestrian fatalities2 2 7iii7 in subparagraph 7,d77ii77,v71 by striking and at the end2 7iv7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 7v7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,e7 and 7,f71 respectively2 7vi7 by inserting after subparagraph 7,c7 the following3 7,d7 in consultation with the ,secretary of ,health and ,human ,services1 precautionary and reactive actions required to ensure public and personnel safety and health during an emergency 7as defined in section #ecbd7;a772 2 and 7vii7 by adding at the end the following3 7,g7 consideration1 where appropriate1 of performance-based and risk-based methodologies4 2 and 7,b7 by adding at the end the following3 7#c7 ,plan updates ,the ,secretary shall update the national public transportation safety plan under paragraph 7#a7 as necessary with respect to recipients receiving assistance under section #ecjg that serve an urbanized area with a population of #bjj1jjj or more4 2 7#b7 in subsection 7c7-- 7,a7 by striking paragraph 7#b72 and 7,b7 by striking the subsection designation and heading and all that follows through ,the ,secretary in paragraph 7#a7 and inserting the following3 7c7 ,public transportation safety certification training program ,the ,secretary 2 7#c7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking ,effective #a year and all that follows through each recipient and inserting ,each recipient2 7ii7 in subparagraph 7,a71 by inserting 1 or1 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 the safety committee of the entity established under paragraph 7#e71 followed by the board of directors 7or equivalent entity7 of the recipient approve1 after approve2 7iii7 by redesignating subparagraphs 7,b7 through 7,g7 as subparagraphs 7,c7 through 7,h71 respectively2 7iv7 by inserting after subparagraph 7,a7 the following3 7,b7 for each recipient serving an urbanized area with a population of fewer than #bjj1jjj1 a requirement that the agency safety plan be developed in cooperation with frontline employee representatives2 2 7v7 in subparagraph 7,d7 7as so redesignated71 by inserting 1 and consistent with guidelines of the ,centers for ,disease ,control and ,prevention or a ,state health authority1 minimize exposure to infectious diseases after public1 personnel1 and property to hazards and unsafe conditions2 7vi7 by striking subparagraph 7,f7 7as so redesignated7 and inserting the following3 7,f7 performance targets based on-- 7i7 the safety performance criteria and state of good repair standards established under subparagraphs 7,a7 and 7,b71 respectively1 of subsection 7b77#b72 or 7ii7 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 safety performance measures established under the national public transportation safety plan1 as described in subsection 7b77#b77;,a72 2 7vii7 in subparagraph 7,g7 7as so redesignated71 by striking and at the end2 and 7viii7 by striking subparagraph 7,h7 7as so redesignated7 and inserting the following3 7,h7 a comprehensive staff training program for-- 7i7 the operations personnel and personnel directly responsible for safety of the recipient that includes-- 7,i7 the completion of a safety training program2 and 7,,ii7 continuing safety education and training2 or 7ii7 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 the operations and maintenance personnel and personnel directly responsible for safety of the recipient that includes-- 7,i7 the completion of a safety training program2 7,,ii7 continuing safety education and training2 and 7,,iii7 de-escalation training2 and 7,i7 in the case of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more1 a risk reduction program for transit operations to improve safety by reducing the number and rates of accidents1 injuries1 and assaults on transit workers based on data submitted to the national transit database under section #ecce1 including-- 7i7 a reduction of vehicular and pedestrian accidents involving buses that includes measures to reduce visibility impairments for bus operators that contribute to accidents1 including retrofits to buses in revenue service and specifications for future procurements that reduce visibility impairments2 and 7ii7 the mitigation of assaults on transit workers1 including the deployment of assault mitigation infrastructure and technology on buses1 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 7#e7 determines that such barriers or other measures would reduce assaults on transit workers and injuries to transit workers4 2 and 7,b7 by adding at the end the following3 7#d7 ,risk reduction performance targets 7,a7 ,in general ,the safety committee of a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more established under paragraph 7#e7 shall establish performance targets for the risk reduction program required under paragraph 7#a77;,i7 using a #c-year rolling average of the data submitted by the recipient to the national transit database under section #ecce4 7,b7 ,safety set aside ,a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more shall allocate not less than #j4ge percent of those funds to safety-related projects eligible under section #ecjg4 7,c7 ,failure to meet performance targets ,a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more that does not meet the performance targets established under subparagraph 7,a7 shall allocate the amount made available in subparagraph 7,b7 in the following fiscal year to projects described in subparagraph 7,d74 7,d7 ,eligible projects ,funds set aside under subparagraph 7,c7 shall be used for projects that are reasonably likely to assist the recipient in meeting the performance targets established in subparagraph 7,a71 including modifications to rolling stock and de-escalation training4 7#e7 ,safety committee 7,a7 ,in general ,for purposes of this subsection1 the safety committee of a recipient shall-- 7i7 be convened by a joint labor-management process2 7ii7 consist of an equal number of-- 7,i7 frontline employee representatives1 selected by a labor organization representing the plurality of the frontline workforce employed by the recipient or1 if applicable1 a contractor to the recipient1 to the extent frontline employees are represented by labor organizations2 and 7,,ii7 management representatives2 and 7iii7 have1 at a minimum1 responsibility for-- 7,i7 identifying and recommending risk-based mitigations or strategies necessary to reduce the likelihood and severity of consequences identified through the agency's safety risk assessment2 7,,ii7 identifying mitigations or strategies that may be ineffective1 inappropriate1 or were not implemented as intended2 and 7,,iii7 identifying safety deficiencies for purposes of continuous improvement4 7,b7 ,applicability ,this paragraph applies only to a recipient receiving assistance under section #ecjg that is serving an urbanized area with a population of #bjj1jjj or more4 2 7#d7 in subsection 7e7-- 7,a7 in paragraph 7#d77;,a77v71 by inserting 1 inspection1 after investigative2 and 7,b7 by adding at the end the following3 7#aa7 ,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 agencies4 2 and 7#e7 by striking subsection 7k7 and inserting the following3 7k7 ,inspections 7#a7 ,inspection access 7,a7 ,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 infrastructure1 equipment1 records1 personnel1 and data1 including the data that the rail fixed guideway public transportation agency collects when identifying and evaluating safety risks4 7,b7 ,policies and procedures ,a ,state safety oversight agency1 in consultation with each rail fixed guideway public transportation agency that the ,state safety oversight agency oversees1 shall establish policies and procedures regarding the access of the ,state safety oversight agency to conduct inspections of the rail fixed guideway public transportation system1 including access for inspections that occur without advance notice to the rail fixed guideway public transportation agency4 7#b7 ,data collection 7,a7 ,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 risks1 in accordance with subparagraph 7,b74 7,b7 ,policies and procedures ,a ,state safety oversight agency1 in consultation with each rail fixed guideway public transportation agency that the ,state safety oversight agency oversees1 shall establish policies and procedures for collecting data described in subparagraph 7,a7 from a rail fixed guideway public transportation agency1 including with respect to frequency of collection1 that is commensurate with the size and complexity of the rail fixed guideway public transportation system4 7#c7 ,incorporation ,policies and procedures established under this subsection shall be incorporated into-- 7,a7 the ,state safety oversight program standard adopted by a ,state safety oversight agency under section #fgd4bg of title #di1 ,code of ,federal ,regulations 7or any successor regulation72 and 7,b7 the public transportation agency safety plan established by a rail fixed guideway public transportation agency under subsection 7d74 7#d7 ,assessment by secretary ,in assessing the capability of a ,state safety oversight agency to conduct inspections as required under paragraph 7#a71 the ,secretary shall ensure that-- 7,a7 the inspection practices of the ,state safety oversight agency are commensurate with the number1 size1 and complexity of the rail fixed guideway public transportation systems that the ,state safety oversight agency oversees2 7,b7 the inspection program of the ,state safety oversight agency is risk-based2 and 7,c7 the ,state safety oversight agency has sufficient resources to conduct the inspections4 7#e7 ,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 subsection4 7#f7 ,enforcement ,the ,secretary may use any authority under this section1 including any enforcement action authorized under subsection 7g71 to ensure the compliance of a ,state safety oversight agency or ,state safety oversight program with this subsection4 4 7b7 ,deadline2 effective date 7#a7 ,special directive on risk-based inspection programs ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,transportation shall issue each special directive required under section #ecbi7k77#e7 of title #di1 ,united ,states ,code 7as added by subsection 7a774 7#b7 ,inspection requirements ,section #ecbi7k7 of title #di1 ,united ,states ,code 7as amended by subsection 7a771 shall apply with respect to a ,state safety oversight agency on and after the date that is #b years after the date on which the ,secretary of ,transportation issues the special directive to the ,state safety oversight agency under paragraph 7#e7 of that section #ecbi7k74 7c7 ,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 program1 including the initial deadline1 under section #ecbi7;e77#c7 of title #di1 ,united ,states ,code4 #cjjac4 ,administrative provisions ,section #eccd7;h77#d7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subparagraphs 7,b7 and 7,c7 as subparagraphs 7,c7 and 7,d71 respectively2 and 7#b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,reimbursement 7i7 ,fair market value of less than #e1jjj ,with respect to rolling stock and equipment with a unit fair market value of #e1jjj or less per unit and unused supplies with a total aggregate fair market value of #e1jjj or less that was purchased using ,federal financial assistance under this chapter1 the rolling stock1 equipment1 and supplies may be retained1 sold1 or otherwise disposed of at the end of the service life of the rolling stock1 equipment1 or supplies without any obligation to reimburse the ,federal ,transit ,administration4 7ii7 ,fair market value of more than #e1jjj 7,i7 ,in general ,with respect to rolling stock and equipment with a unit fair market value of more than #e1jjj per unit and unused supplies with a total aggregate fair market value of more than #e1jjj that was purchased using ,federal financial assistance under this chapter1 the rolling stock1 equipment1 and supplies may be retained or sold at the end of the service life of the rolling stock1 equipment1 or supplies4 7,,ii7 ,reimbursement required ,if rolling stock1 equipment1 or supplies described in subclause 7,i7 is sold1 of the proceeds from the sale-- 7aa7 the recipient shall retain an amount equal to the sum of-- 7,,aa7 #e1jjj2 and 7,,bb7 of the remaining proceeds1 a percentage of the amount equal to the non-,federal share expended by the recipient in making the original purchase2 and 7bb7 any amounts remaining after application of item 7aa7 shall be returned to the ,federal ,transit ,administration4 7iii7 ,rolling stock and equipment retained ,rolling stock1 equipment1 or supplies described in clause 7i7 or 7ii7 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 ,administration1 and no approval of the ,secretary to retain that rolling stock1 equipment1 or supplies is required4 4 #cjjad4 ,national transit database ,section #ecce of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 in the first sentence1 by inserting geographic service area coverage1 after operating12 and 7#b7 by striking subsection 7c7 and inserting the following3 7c7 ,data required to be reported ,each recipient of a grant under this chapter shall report to the ,secretary1 for inclusion in the national transit database under this section-- 7#a7 any information relating to a transit asset inventory or condition assessment conducted by the recipient2 7#b7 any data on assaults on transit workers of the recipients2 and 7#c7 any data on fatalities that result from an impact with a bus4 4 #cjjae4 ,apportionment of appropriations for formula grants 7a7 ,small urbanized areas ,section #eccf7;h77#c7 of title #di1 ,united ,states ,code1 is amended by striking paragraphs 7#a7 and 7#b7 and all that follows through #b percent in subparagraph 7,b7 and inserting paragraphs 7#a7 and 7#b71 #c percent4 7b7 ,funding for state safety oversight program grants 7#a7 ,in general ,section #eccf7;h77#d7 of title #di1 ,united ,states ,code1 is amended by striking #j4e percent and inserting #j4ge percent4 7#b7 ,applicability ,the amendment made by paragraph 7#a7 shall apply with respect to fiscal year #bjbb and each fiscal year thereafter4 #cjjaf4 ,state of good repair grants ,section #eccg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 7f7 ,competitive grants for rail vehicle replacement 7#a7 ,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 stock4 7#b7 ,grant requirements ,except as otherwise provided in this subsection1 a grant under this subsection shall be subject to the same terms and conditions as a grant under subsection 7b74 7#c7 ,competitive process ,the ,secretary shall solicit grant applications and make not more than #c new awards to eligible projects under this subsection on a competitive basis each fiscal year4 7#d7 ,consideration ,in awarding grants under this subsection1 the ,secretary shall consider-- 7,a7 the size of the rail system of the applicant2 7,b7 the amount of funds available to the applicant under this subsection2 7,c7 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 #e-year period following the grant2 and 7,d7 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 #fbe of title #di1 ,code of ,federal ,regulations 7or successor regulations74 7#e7 ,maximum share of competitive grant assistance ,the amount of grant assistance provided by the ,secretary under this subsection1 as a share of eligible project costs1 shall be not more than #ej percent4 7#f7 ,government share of cost ,the ,government share of the cost of an eligible project carried out under this subsection shall not exceed #hj percent4 7#g7 ,multi-year grant agreements 7,a7 ,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 paragraph4 7,b7 ,requirements ,a multi-year grant agreement under this paragraph shall-- 7i7 establish the terms of participation by the ,federal ,government in the project2 and 7ii7 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 #c consecutive fiscal years4 7,c7 ,financial rules ,a multi-year grant agreement under this paragraph-- 7i7 shall obligate an amount of available budget authority specified in law2 and 7ii7 may include a commitment1 contingent on amounts to be specified in law in advance for commitments under this paragraph1 to obligate an additional amount from future available budget authority specified in law4 7,d7 ,statement of contingent commitment ,a multi-year agreement under this paragraph shall state that the contingent commitment is not an obligation of the ,federal ,government4 4 #cjjag4 ,authorizations ,section #ecch of title #di1 ,united ,states ,code1 is amended to read as follows3 #ecch4 ,authorizations 7a7 ,grants 7#a7 ,in general ,there shall be available from the ,mass ,transit ,account of the ,highway ,trust ,fund to carry out sections #ecje1 #ecjg1 #ecaj1 #ecaa1 #ecab1 #ecad1 #ecah1 #ecce1 #eccg1 #ecci1 and #ecdj1 section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab 7#di ,u4,s4,c4 #ecjc note2 ,public ,law #aab-ada71 and section #cjjf7;b7 of the ,federal ,public ,transportation ,act of #bjae 7#di ,u4,s4,c4 #ecaj note2 ,public ,law #aad-id7-- 7,a7 #ac1cee1jjj1jjj for fiscal year #bjbb2 7,b7 #ac1fcd1jjj1jjj for fiscal year #bjbc2 7,c7 #ac1iij1jjj1jjj for fiscal year #bjbd2 7,d7 #ad1bgi1jjj1jjj for fiscal year #bjbe2 and 7,e7 #ad1fdb1jjj1jjj for fiscal year #bjbf4 7#b7 ,allocation of funds ,of the amounts made available under paragraph 7#a7-- 7,a7 #ahd1fdg1cdc for fiscal year #bjbb1 #ahh1ejd1hbj for fiscal year #bjbc1 #aic1dbf1ijf for fiscal year #bjbd1 #aig1dbb1fdd for fiscal year #bjbe1 and #bjb1dda1eab for fiscal year #bjbf shall be available to carry out section #ecje2 7,b7 #ac1aeg1ahd for fiscal year #bjbb1 #ac1dcb1jea for fiscal year #bjbc1 #ac1ghb1ggh for fiscal year #bjbd1 #ad1jfg1dig for fiscal year #bjbe1 and #ad1dbe1aba for fiscal year #bjbf shall be available to carry out section #bjjje7;b7 of the ,federal ,public ,transportation ,act of #bjab 7#di ,u4,s4,c4 #ecjc note2 ,public ,law #aab-ada72 7,c7 #f1djh1bhh1bdi for fiscal year #bjbb1 #f1edb1afd1acc for fiscal year #bjbc1 #f1gab1ihg1hdj for fiscal year #bjbd1 #f1hea1ffb1adb for fiscal year #bjbe1 and #g1jbe1hdd1gdc for fiscal year #bjbf shall be allocated in accordance with section #eccf to provide financial assistance for urbanized areas under section #ecjg2 7,d7 #cga1bdg1jid for fiscal year #bjbb1 #cgi1jjb1hcf for fiscal year #bjbc1 #chh1hii1jeb for fiscal year #bjbd1 #cif1icb1ggh for fiscal year #bjbe1 and #djg1jbc1ehc for fiscal year #bjbf shall be available to provide financial assistance for services for the enhanced mobility of seniors and individuals with disabilities under section #ecaj2 7,e7 #d1fje1jad for fiscal year #bjbb1 #d1gja1bah for fiscal year #bjbc1 #d1hbc1igb for fiscal year #bjbd1 #d1ibc1fbd for fiscal year #bjbe1 and #e1jdh1gib for fiscal year #bjbf shall be available for the pilot program for innovative coordinated access and mobility under section #cjjf7;b7 of the ,federal ,public ,transportation ,act of #bjae 7#di ,u4,s4,c4 #ecaj note2 ,public ,law #aad-id72 7,f7 #hge1bhi1eee for fiscal year #bjbb1 #hic1ege1bge for fiscal year #bjbc1 #iaf1ijg1eia for fiscal year #bjbd1 #ice1hdh1gab for fiscal year #bjbe1 and #iei1fci1haj for fiscal year #bjbf shall be available to provide financial assistance for rural areas under section #ecaa2 7,g7 #cf1hdj1aae for fiscal year #bjbb1 #cg1fji1gdc for fiscal year #bjbc1 #ch1eia1ggi for fiscal year #bjbd1 #ci1chh1iic for fiscal year #bjbe1 and #dj1cij1ccg for fiscal year #bjbf shall be available to carry out section #ecab1 of which-- 7i7 #e1jjj1jjj for fiscal year #bjbb1 #e1ajd1dee for fiscal year #bjbc1 #e1bcg1gci for fiscal year #bjbd1 #e1cde1ich for fiscal year #bjbe1 and #e1dha1hdb for fiscal year #bjbf shall be available to carry out section #ecab7;h72 and 7ii7 #f1egh1eib for fiscal year #bjbb1 #f1gaf1jbf for fiscal year #bjbc1 #f1hia1chi for fiscal year #bjbd1 #g1jcc1gdi for fiscal year #bjbe1 and #g1bab1efj for fiscal year #bjbf shall be available to carry out section #ecab7;i72 7,h7 #aa1hda1dfe for fiscal year #bjbb1 #ab1jhh1hdf for fiscal year #bjbc1 #ab1djd1ejj for fiscal year #bjbd1 #ab1ffj1gdh for fiscal year #bjbe1 and #ab1ihb1fjh for fiscal year #bjbf shall be available to carry out section #ecad1 of which #f1egh1eib for fiscal year #bjbb1 #f1gaf1jbf for fiscal year #bjbc1 #f1hia1chi for fiscal year #bjbd1 #g1jcc1gdi for fiscal year #bjbe1 and #g1bab1efj for fiscal year #bjbf shall be available for the national transit institute under section #ecad7;c72 7,i7 #e1jjj1jjj for fiscal year #bjbb1 #e1ajd1dee for fiscal year #bjbc1 #e1bcg1gci for fiscal year #bjbd1 #e1cde1ich for fiscal year #bjbe1 and #e1dha1hdb for fiscal year #bjbf shall be available for bus testing under section #ecah2 7,j7 #aca1jjj1jjj for fiscal year #bjbb1 #acd1icj1jjj for fiscal year #bjbc1 #ach1igg1ijj for fiscal year #bjbd1 #adc1adg1bcg for fiscal year #bjbe1 and #adg1dda1fed for fiscal year #bjbf shall be available to carry out section #eccd2 7,k7 #e1bfb1hgd for fiscal year #bjbb1 #e1cgb1hbj for fiscal year #bjbc1 #e1eac1aaa for fiscal year #bjbd1 #e1fbf1iii for fiscal year #bjbe1 and #e1ggj1jdh for fiscal year #bjbf shall be available to carry out section #ecce2 7,l7 #c1eae1ebh1bbf for fiscal year #bjbb1 #c1ehg1ggh1jcg for fiscal year #bjbc1 #c1fhj1icd1dhd for fiscal year #bjbd1 #c1gee1fge1dag for fiscal year #bjbe1 and #c1hej1dif1ffh for fiscal year #bjbf shall be available to carry out section #eccg1 of which #cjj1jjj1jjj for each of fiscal years #bjbb through #bjbf shall be available to carry out section #eccg7;f72 7,m7 #fjc1iib1feg for fiscal year #bjbb1 #faf1faj1fii for fiscal year #bjbc1 #fcb1gaa1adj for fiscal year #bjbd1 #fde1gha1dda for fiscal year #bjbe1 and #ffb1aih1dfd for fiscal year #bjbf shall be available for the bus and buses facilities program under section #ecci7;a72 7,n7 #ddg1beg1dcc for fiscal year #bjbb1 #def1fja1aaa for fiscal year #bjbc1 #dfh1ebc1eaa for fiscal year #bjbd1 #dgh1bjb1jhh for fiscal year #bjbe1 and #dij1ceh1iaf for fiscal year #bjbf shall be available for buses and bus facilities competitive grants under section #ecci7;b7 and no or low emission grants under section #ecci7;c71 of which #ga1efa1ahi for fiscal year #bjbb1 #gc1jef1agh for fiscal year #bjbc1 #gd1ifc1gfb for fiscal year #bjbd1 #gf1eab1ccd for fiscal year #bjbe1 and #gh1deg1dbg for fiscal year #bjbf shall be available to carry out section #ecci7;c72 and 7,o7 #gda1jdb1gib for fiscal year #bjbb1 #gef1ebc1ief for fiscal year #bjbc1 #ggf1bgg1fih for fiscal year #bjbd1 #gib1cac1gdb for fiscal year #bjbe1 and #hab1dee1ija for fiscal year #bjbf1 to carry out section #ecdj to provide financial assistance for urbanized areas under section #ecjg and rural areas under section #ecaa1 of which-- 7i7 #cib1geb1fhj for fiscal year #bjbb1 #djj1ieg1fif for fiscal year #bjbc1 #daa1dbg1ahj for fiscal year #bjbd1 #dai1ibf1bhc for fiscal year #bjbe1 and #dcj1fja1fbh for fiscal year #bjbf shall be for growing ,states under section #ecdj7;c72 and 7ii7 #cdh1bij1aab for fiscal year #bjbb1 #cee1eff1bei for fiscal year #bjbc1 #cfd1hej1eah for fiscal year #bjbd1 #cgb1chg1dei for fiscal year #bjbe1 and #cha1hed1bgd for fiscal year #bjbf shall be for high density ,states under section #ecdj7;d74 7b7 ,capital investment grants ,there are authorized to be appropriated to carry out section #ecji of this title and section #cjje7;b7 of the ,federal ,public ,transportation ,act of #bjae 7#di ,u4,s4,c4 #ecji note2 ,public ,law #aad-id71 #c1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7c7 ,oversight 7#a7 ,in general ,of the amounts made available to carry out this chapter for a fiscal year1 the ,secretary may use not more than the following amounts for the activities described in paragraph 7#b73 7,a7 #j4e percent of amounts made available to carry out section #ecje4 7,b7 #j4ge percent of amounts made available to carry out section #ecjg4 7,c7 #a percent of amounts made available to carry out section #ecji4 7,d7 #a percent of amounts made available to carry out section #fja of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb2 #abf ,stat4 #difh74 7,e7 #j4e percent of amounts made available to carry out section #ecaj4 7,f7 #j4e percent of amounts made available to carry out section #ecaa4 7,g7 #a percent of amounts made available to carry out section #eccg1 of which not less than #j4be percent of amounts made available for this subparagraph shall be available to carry out section #ecbi4 7,h7 #j4ge percent of amounts made available to carry out section #ecci4 7#b7 ,activities ,the activities described in this paragraph are as follows3 7,a7 ,activities to oversee the construction of a major capital project4 7,b7 ,activities to review and audit the safety and security1 procurement1 management1 and financial compliance of a recipient or subrecipient of funds under this chapter4 7,c7 ,activities to provide technical assistance generally1 and to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section4 7,d7 ,activities to carry out section #eccd4 7#c7 ,government share of costs ,the ,government shall pay the entire cost of carrying out a contract under this subsection4 7#d7 ,availability of certain funds ,funds made available under paragraph 7#a77;,c7 shall be made available to the ,secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement4 7d7 ,grants as contractual obligations 7#a7 ,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 project4 7#b7 ,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 ,congress4 7e7 ,availability of amounts ,amounts made available by or appropriated under this section shall remain available until expended4 4 #cjjah4 ,grants for buses and bus facilities ,section #ecci of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#e77;,a7-- 7i7 by striking #ij1ejj1jjj for each of fiscal years #bjaf through #bjbj and inserting #bjf1jjj1jjj each fiscal year2 7ii7 by striking #a1gej1jjj and inserting #d1jjj1jjj2 and 7iii7 by striking #ejj1jjj and inserting #a1jjj1jjj2 and 7,b7 by adding at the end the following3 7#aj7 ,maximizing use of funds 7,a7 ,in general ,eligible recipients and subrecipients under this subsection should1 to the extent practicable1 seek to utilize the procurement tools authorized under section #cjai of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note2 ,public ,law #aad-id74 7,b7 ,written explanation ,if an eligible recipient or subrecipient under this subsection purchases less than #e buses through a standalone procurement1 the eligible recipient or subrecipient shall provide to the ,secretary a written explanation regarding why the tools authorized under section #cjai of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note2 ,public ,law #aad-id7 were not utilized4 2 7#b7 in subsection 7b7-- 7,a7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,rural projects 7,a7 ,in general ,subject to subparagraph 7,b71 not less than #ae percent of the amounts made available under this subsection in a fiscal year shall be distributed to projects in rural areas4 7,b7 ,unutilized amounts ,the ,secretary may use less than #ae percent of the amounts made available under this subsection in a fiscal year for the projects described in subparagraph 7,a7 if the ,secretary cannot meet the requirement of that subparagraph due to insufficient eligible applications4 2 and 7,b7 by adding at the end the following3 7#i7 ,competitive process ,the ,secretary shall-- 7,a7 not later than #cj days after the date on which amounts are made available for obligation under this subsection for a full fiscal year1 solicit grant applications for eligible projects on a competitive basis2 and 7,b7 award a grant under this subsection based on the solicitation under subparagraph 7,a7 not later than the earlier of-- 7i7 #ge days after the date on which the solicitation expires2 or 7ii7 the end of the fiscal year in which the ,secretary solicited the grant applications4 7#aj7 ,continued use of partnerships 7,a7 ,in general ,an eligible recipient of a grant under this subsection may submit an application in partnership with other entities1 including a transit vehicle manufacturer that intends to participate in the implementation of a project under this subsection and subsection 7c74 7,b7 ,competitive procurement ,projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section #ecbe4 7#aa7 ,maximizing use of funds 7,a7 ,in general ,eligible recipients under this subsection should1 to the extent practicable1 seek to utilize the procurement tools authorized under section #cjai of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note2 ,public ,law #aad-id74 7,b7 ,written explanation ,if an eligible recipient under this subsection purchases less than #e buses through a standalone procurement1 the eligible recipient shall provide to the ,secretary a written explanation regarding why the tools authorized under section #cjai of the ,,fast ,act 7#di ,u4,s4,c4 #ecbe note2 ,public ,law #aad-id7 were not utilized4 2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#c7-- 7i7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,in general ,a grant under this subsection shall be subject to-- 7i7 with respect to eligible recipients in urbanized areas1 section #ecjg2 and 7ii7 with respect to eligible recipients in rural areas1 section #ecaa4 2 and 7ii7 by adding at the end the following3 7,d7 ,fleet transition plan ,in awarding grants under this subsection or under subsection 7b7 for projects related to zero emission vehicles1 the ,secretary shall require the applicant to submit a zero emission transition plan1 which1 at a minimum-- 7i7 demonstrates a long-term fleet management plan with a strategy for how the applicant intends to use the current application and future acquisitions2 7ii7 addresses the availability of current and future resources to meet costs2 7iii7 considers policy and legislation impacting technologies2 7iv7 includes an evaluation of existing and future facilities and their relationship to the technology transition2 7v7 describes the partnership of the applicant with the utility or alternative fuel provider of the applicant2 and 7vi7 examines the impact of the transition on the applicant's current workforce by identifying skill gaps1 training needs1 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 workforce4 2 7,b7 by striking paragraph 7#e7 and inserting the following3 7#e7 ,consideration ,in awarding grants under this subsection1 the ,secretary-- 7,a7 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 emissions1 including direct carbon emissions1 than comparable standard buses or other low or no emission buses2 and 7,b7 shall1 for no less than #be percent of the funds made available to carry out this subsection1 only consider eligible projects related to the acquisition of low or no emission buses or bus facilities other than zero emission vehicles and related facilities4 2 and 7,c7 by adding at the end the following3 7#h7 ,continued use of partnerships 7,a7 ,in general ,a recipient of a grant under this subsection may submit an application in partnership with other entities1 including a transit vehicle manufacturer1 that intends to participate in the implementation of an eligible project under this subsection4 7,b7 ,competitive procurement ,eligible projects awarded with partnerships under this subsection shall be considered to satisfy the requirement for a competitive procurement under section #ecbe4 2 and 7#d7 by adding at the end the following3 7d7 ,workforce development training activities #e percent of grants related to zero emissions vehicles 7as defined in subsection 7c77#a77 or related infrastructure under subsection 7b7 or 7c7 shall be used by recipients to fund workforce development training1 as described in section #ecad7;b77#b7 7including registered apprenticeships and other labor-management training programs7 under the recipient's plan to address the impact of the transition to zero emission vehicles on the applicant's current workforce under subsection 7c77#c77;,d71 unless the recipient certifies a smaller percentage is necessary to carry out that plan4 4 #cjjai4 ,washington ,metropolitan ,area ,transit ,authority safety1 accountability1 and investment 7a7 ,definitions ,in this section3 7#a7 ,board ,the term ,board means the ,board of ,directors of the ,transit ,authority4 7#b7 ,compact ,the term ,compact means the ,washington ,metropolitan ,area ,transit ,authority ,compact consented to by ,congress under ,public ,law #hi-ggd 7#hj ,stat4 #acbd74 7#c7 ,covered recipient ,the term covered recipient means-- 7,a7 7i7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7ii7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7iii7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7iv7 the ,committee on ,oversight and ,reform of the ,house of ,representatives2 7,b7 7i7 the ,governor of ,maryland2 7ii7 the ,president of the ,maryland ,senate2 and 7iii7 the ,speaker of the ,maryland ,house of ,delegates2 7,c7 7i7 the ,governor of ,virginia2 7ii7 the ,president of the ,virginia ,senate2 and 7iii7 the ,speaker of the ,virginia ,house of ,delegates2 7,d7 7i7 the ,mayor of the ,district of ,columbia2 and 7ii7 the ,chairman of the ,council of the ,district of ,columbia2 and 7,e7 the ,chairman of the ,northern ,virginia ,transportation ,commission4 7#d7 ,inspector ,general2 ,office of the ,inspector ,general ,the terms ,inspector ,general and ,office of ,inspector ,general mean the ,inspector ,general and the ,office of ,inspector ,general1 respectively1 of the ,transit ,authority4 7#e7 ,transit ,authority ,the term ,transit ,authority means the ,washington ,metropolitan ,area ,transit ,authority established under ,article ,,iii of the ,compact4 7b7 ,reauthorization of capital and preventive maintenance grants to ,washington ,metropolitan ,area ,transit ,authority ,section #fja7;f7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #abb ,stat4 #digj7 is amended by striking an aggregate amount and all that follows through the period at the end and inserting #aej1jjj1jjj for each of fiscal years #bjbb through #bjcj44 7c7 ,funds for ,washington ,metropolitan ,area ,transit ,authority's inspector general ,title ,,vi of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #abb ,stat4 #difh7 is amended by adding at the end the following3 #fjb4 ,funding for ,inspector ,general 7a7 ,definitions ,in this section3 7#a7 ,compact ,the term ,compact means the ,washington ,metropolitan ,area ,transit ,authority ,compact consented to by ,congress under ,public ,law #hi-ggd 7#hj ,stat4 #acbd74 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#c7 ,transit ,authority ,the term ,transit ,authority has the meaning given the term in section #fja7;a77#b74 7b7 ,funding for ,office of ,inspector ,general of the ,washington ,metropolitan ,area ,transit ,authority ,subject to subsection 7c71 of the amounts authorized to be appropriated for a fiscal year under section #fja7;f71 the ,secretary shall use #e1jjj1jjj 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 #i of ,article ,,iii of the ,compact1 to remain available until expended4 7c7 ,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 7b7 until the ,transit ,authority notifies the ,secretary that the ,transit ,authority has made available #e1jjj1jjj 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 #i of ,article ,,iii of the ,compact4 4 7d7 ,reforms to office of inspector general 7#a7 ,sense of congress ,congress recognizes the importance of the ,transit ,authority having a strong and independent ,office of ,inspector ,general1 as codified in subsections 7a7 and 7d7 of ,section #i of ,article ,,iii of the ,compact4 7#b7 ,reforms ,the ,secretary of ,transportation may not provide any amounts to the ,transit ,authority under section #fja7;f7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #abb ,stat4 #difh7 7as amended by subsection 7b771 until the ,secretary of ,transportation certifies that the ,board has passed a resolution that-- 7,a7 provides that1 for each fiscal year1 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 ,general2 7,b7 delegates to the ,inspector ,general1 to the extent possible under the ,compact and in accordance with each applicable ,federal law or regulation1 contracting officer authority1 subject to the requirement that the ,inspector ,general exercise that authority-- 7i7 in accordance with ,section #gc of ,article ,,xvi of the ,compact1 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 procedures2 and 7ii7 only as is necessary to carry out the duties of the ,office of ,inspector ,general2 7,c7 delegates to the ,inspector ,general1 to the extent possible under the ,compact and in accordance with each applicable ,federal law or regulation-- 7i7 the authority to select1 appoint1 and employ such officers and employees as may be necessary for carrying out the duties of the ,office of ,inspector ,general1 subject to the requirement that the ,inspector ,general exercise that authority in accordance with-- 7,i7 subsections 7g7 and 7h7 of ,section #ab of ,article ,v of the ,compact2 and 7,,ii7 personnel policies and procedures of the ,transit ,authority2 and 7ii7 approving authority1 subject to the approval of the ,board1 for exceptions to policies that impact the independence of the ,office of ,inspector ,general1 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 ,authority2 7,d7 7i7 ensures that the ,inspector ,general obtains legal advice from a counsel reporting directly to the ,inspector ,general2 and 7ii7 prohibits the counsel described in clause 7i7 from-- 7,i7 providing legal advice for or on behalf of the ,transit ,authority2 7,,ii7 issuing a legal opinion on behalf of the ,transit ,authority or making a statement about a legal position of the ,transit ,authority2 or 7,,iii7 waiving any privilege or protection from disclosure on any matter under the jurisdiction of the ,transit ,authority2 and 7,e7 requires the ,inspector ,general to-- 7i7 post any report containing a recommendation for corrective action to the website of the ,office of ,inspector ,general not later than #c days after the report is submitted in final form to the ,board1 except that-- 7,i7 the ,inspector ,general shall1 if required by law or otherwise appropriate1 redact-- 7aa7 personally identifiable information2 7bb7 legally privileged information2 7cc7 information legally prohibited from disclosure2 and 7dd7 information that1 in the determination of the ,inspector ,general1 would pose a security risk to the systems of the ,transit ,authority2 and 7,,ii7 with respect to any investigative findings in a case involving administrative misconduct1 whether included in a recommendation or otherwise1 the ,inspector ,general shall publish only a summary of the findings1 which summary shall be redacted in accordance with the procedures set forth in subclause 7,i72 7ii7 submit a semiannual report containing recommendations of corrective action to the ,board1 which the ,board shall transmit not later than #cj days after receipt of the report1 together with any comments the ,board determines appropriate1 to-- 7,i7 each covered recipient described in subsection 7a77#c77;,a72 and 7,,ii7 any other recipients that the ,board determines appropriate2 and 7iii7 not later than #b years after the date of enactment of this ,act and #e years after the date of enactment of this ,act1 submit to each covered recipient a report that-- 7,i7 describes the implementation by the ,transit ,authority of the reforms required under1 and the use by the ,transit ,authority of the funding authorized under-- 7aa7 chapter #cd of title #cc4b of the ,code of ,virginia2 7bb7 section #aj-bje of the ,transportation ,article of the ,code of ,maryland2 and 7cc7 section #fjjb of the ,dedicated ,,wmata ,funding and ,tax ,changes ,affecting ,real ,property and ,sales ,amendment ,act of #bjah 7#a-cbe4dja1 ,d4,c4 ,official ,code72 and 7,,ii7 contains-- 7aa7 an assessment of the effective use of the funding described in subclause 7,i7 to address major capital improvement projects2 7bb7 a discussion of compliance with strategic plan deadlines2 7cc7 an examination of compliance with the reform requirements under the laws described in subclause 7,i71 including identifying any challenges to compliance or implementation2 and 7dd7 recommendations to the ,transit ,authority to improve implementation4 7e7 ,capital program and planning 7#a7 ,capital planning procedures ,the ,transit ,authority may not expend any amounts received under section #fjb7;b7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #abb ,stat4 #difh71 7as added by subsection 7c771 until the ,general ,manager of the ,transit ,authority certifies to the ,secretary of ,transportation that the ,transit ,authority has implemented-- 7,a7 documented policies and procedures for the capital planning process that include-- 7i7 a process that aligns projects to the strategic goals of the ,transit ,authority2 and 7ii7 a process to develop total project costs and alternatives for all major capital projects 7as defined in section #fcc4e of title #di1 ,code of ,federal ,regulations 7or successor regulations772 7,b7 a transit asset management planning process that includes -- 7i7 asset inventory and condition assessment procedures2 and 7ii7 procedures to develop a data set of track1 guideway1 and infrastructure systems1 including tunnels1 bridges1 and communications assets1 that complies with the transit asset management regulations of the ,secretary of ,transportation under part #fbe of title #di1 ,code of ,federal ,regulations 7or successor regulations72 and 7,c7 performance measures1 aligned with the strategic goals of the ,transit ,authority1 to assess the effectiveness and outcomes of major capital projects4 7#b7 ,annual report ,as a condition of receiving amounts under section #fjb7;b7 of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7division ,b of ,public ,law #aaj-dcb2 #abb ,stat4 #difh7 7as added by subsection 7c771 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 #fbe of title #di1 ,code of ,federal ,regulations 7or successor regulations71 to-- 7,a7 each covered recipient2 and 7,b7 any other recipient that the ,board determines appropriate4 7f7 ,sense of congress ,it is the sense of ,congress that the ,transit ,authority should-- 7#a7 continue to prioritize the implementation of new technological systems that include robust cybersecurity protections2 and 7#b7 prioritize continued integration of new wireless services and emergency communications networks1 while also leveraging partnerships with mobility services to improve the competitiveness of the core business4 7g7 ,additional reporting 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the congressional committees described in paragraph 7#b7 a report that-- 7,a7 assesses whether the reforms required under subsection 7d7 7relating to strengthening the independence of the ,office of ,inspector ,general7 have been implemented2 and 7,b7 assesses-- 7i7 whether the reforms required under subsection 7g7 have been implemented2 and 7ii7 the impact of those reforms on the capital planning process of the ,transit ,authority4 7#b7 ,congressional committees ,the congressional committees described in this paragraph are-- 7,a7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives2 and 7,d7 the ,committee on ,oversight and ,reform of the ,house of ,representatives4 ,d ,energy #djjja4 ,definitions ,in this division3 7#a7 ,department ,the term ,department means the ,department of ,energy4 7#b7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 ,i ,grid infrastructure and resiliency ,a ,grid infrastructure resilience and reliability #djaja4 ,preventing outages and enhancing the resilience of the electric grid 7a7 ,definitions ,in this section3 7#a7 ,disruptive event ,the term disruptive event means an event in which operations of the electric grid are disrupted1 preventively shut off1 or cannot operate safely due to extreme weather1 wildfire1 or a natural disaster4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 an electric grid operator2 7,b7 an electricity storage operator2 7,c7 an electricity generator2 7,d7 a transmission owner or operator2 7,e7 a distribution provider2 7,f7 a fuel supplier2 and 7,g7 any other relevant entity1 as determined by the ,secretary4 7#c7 ,natural disaster ,the term natural disaster has the meaning given the term in section #fjb7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eaie;a7a774 7#d7 ,power line ,the term power line includes a transmission line or a distribution line1 as applicable4 7#e7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment of program ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program under which the ,secretary shall make grants to eligible entities1 ,states1 and ,indian ,tribes in accordance with this section4 7c7 ,grants to eligible entities 7#a7 ,in general ,the ,secretary may make a grant under the program to an eligible entity to carry out activities that-- 7,a7 are supplemental to existing hardening efforts of the eligible entity planned for any given year2 and 7,b7 7i7 reduce the risk of any power lines owned or operated by the eligible entity causing a wildfire2 or 7ii7 increase the ability of the eligible entity to reduce the likelihood and consequences of disruptive events4 7#b7 ,application 7,a7 ,in general ,an eligible entity desiring a grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,requirement ,as a condition of receiving a grant under the program1 an eligible entity shall submit to the ,secretary1 as part of the application of the eligible entity submitted under subparagraph 7,a71 a report detailing past1 current1 and future efforts by the eligible entity to reduce the likelihood and consequences of disruptive events4 7#c7 ,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 #c years on efforts to reduce the likelihood and consequences of disruptive events4 7#d7 ,priority ,in making grants to eligible entities under the program1 the ,secretary shall give priority to projects that1 in the determination of the ,secretary1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of disruptive events4 7#e7 ,small utilities set aside ,the ,secretary shall ensure that not less than #cj percent of the amounts made available to eligible entities under the program are made available to eligible entities that sell not more than #d1jjj1jjj megawatt hours of electricity per year4 7d7 ,grants to ,states and ,indian ,tribes 7#a7 ,in general ,the ,secretary1 in accordance with this subsection1 may make grants under the program to ,states and ,indian ,tribes1 which each ,state or ,indian ,tribe may use to award grants to eligible entities4 7#b7 ,annual application 7,a7 ,in general ,for each fiscal year1 to be eligible to receive a grant under this subsection1 a ,state or ,indian ,tribe shall submit to the ,secretary an application that includes a plan described in subparagraph 7,b74 7,b7 ,plan required ,a plan prepared by a ,state or ,indian ,tribe for purposes of an application described in subparagraph 7,a7 shall-- 7i7 describe the criteria and methods that will be used by the ,state or ,indian ,tribe to award grants to eligible entities2 7ii7 be adopted after notice and a public hearing2 and 7iii7 describe the proposed funding distributions and recipients of the grants to be provided by the ,state or ,indian ,tribe4 7#c7 ,distribution of funds 7,a7 ,in general ,the ,secretary shall provide grants to ,states and ,indian ,tribes under this subsection based on a formula determined by the ,secretary1 in accordance with subparagraph 7,b74 7,b7 ,requirement ,the formula referred to in subparagraph 7,a7 shall be based on the following factors3 7i7 ,the total population of the ,state or ,indian ,tribe4 7ii7 7,i7 ,the total area of the ,state or the land of the ,indian ,tribe2 or 7,,ii7 the areas in the ,state or on the land of the ,indian ,tribe with a low ratio of electricity customers per mileage of power lines4 7iii7 ,the probability of disruptive events in the ,state or on the land of the ,indian ,tribe during the previous #aj years1 as determined based on the number of federally declared disasters or emergencies in the ,state or on the land of the ,indian ,tribe1 as applicable1 including-- 7,i7 disasters for which ,fire ,management ,assistance ,grants are provided under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg72 7,,ii7 major disasters declared by the ,president under section #dja of that ,act 7#db ,u4,s4,c4 #eagj72 7,,iii7 emergencies declared by the ,president under section #eja of that ,act 7#db ,u4,s4,c4 #eaia72 and 7,,iv7 any other federally declared disaster or emergency in the ,state or on the land of the ,indian ,tribe4 7iv7 ,the number and severity1 measured by population and economic impacts1 of disruptive events experienced by the ,state or ,indian ,tribe on or after ,january #a1 #bjaa4 7v7 ,the total amount1 on a per capita basis1 of public and private expenditures during the previous #aj 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 ,tribe1 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 expenditures4 7,c7 ,annual update of data used in distribution of funds ,beginning #a year after the date of enactment of this ,act1 the ,secretary shall annually update-- 7i7 all data relating to the factors described in subparagraph 7,b72 and 7ii7 all other data used in distributing grants to ,states and ,indian ,tribes under this subsection4 7#d7 ,oversight ,the ,secretary shall ensure that each grant provided to a ,state or ,indian ,tribe under the program is allocated1 pursuant to the applicable plan of the ,state or ,indian ,tribe1 to eligible entities for projects within the ,state or on the land of the ,indian ,tribe4 7#e7 ,priority ,in making grants to eligible entities using funds made available to the applicable ,state or ,indian ,tribe under the program1 the ,state or ,indian ,tribe shall give priority to projects that1 in the determination of the ,state or ,indian ,tribe1 will generate the greatest community benefit 7whether rural or urban7 in reducing the likelihood and consequences of disruptive events4 7#f7 ,small utilities set aside ,a ,state or ,indian ,tribe receiving a grant under the program shall ensure that1 of the amounts made available to eligible entities from funds made available to the ,state or ,indian ,tribe under the program1 the percentage made available to eligible entities that sell not more than #d1jjj1jjj 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 entities4 7#g7 ,technical assistance and administrative expenses ,of the amounts made available to a ,state or ,indian ,tribe under the program each fiscal year1 the ,state or ,indian ,tribe may use not more than #e percent for-- 7,a7 providing technical assistance under subsection 7g77#a77;,a72 and 7,b7 administrative expenses associated with the program4 7#h7 ,matching requirement ,each ,state and ,indian ,tribe shall be required to match #ae percent of the amount of each grant provided to the ,state or ,indian ,tribe under the program4 7e7 ,use of grants 7#a7 ,in general ,a grant awarded to an eligible entity under the program may be used for activities1 technologies1 equipment1 and hardening measures to reduce the likelihood and consequences of disruptive events1 including-- 7,a7 weatherization technologies and equipment2 7,b7 fire-resistant technologies and fire prevention systems2 7,c7 monitoring and control technologies2 7,d7 the undergrounding of electrical equipment2 7,e7 utility pole management2 7,f7 the relocation of power lines or the reconductoring of power lines with low-sag1 advanced conductors2 7,g7 vegetation and fuel-load management2 7,h7 the use or construction of distributed energy resources for enhancing system adaptive capacity during disruptive events1 including-- 7i7 microgrids2 and 7ii7 battery-storage subcomponents2 7,i7 adaptive protection technologies2 7,j7 advanced modeling technologies2 7,k7 hardening of power lines1 facilities1 substations1 of other systems2 and 7,l7 the replacement of old overhead conductors and underground cables4 7#b7 ,prohibitions and limitations 7,a7 ,in general ,a grant awarded to an eligible entity under the program may not be used for-- 7i7 construction of a new-- 7,i7 electric generating facility2 or 7,,ii7 large-scale battery-storage facility that is not used for enhancing system adaptive capacity during disruptive events2 or 7ii7 cybersecurity4 7,b7 ,certain investments eligible for recovery 7i7 ,in general ,an eligible entity may not seek cost recovery for the portion of the cost of any system1 technology1 or equipment that is funded through a grant awarded under the program4 7ii7 ,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 system1 technology1 or equipment that is not funded by a grant awarded under the program4 7,c7 ,application limitations ,an eligible entity may not submit an application for a grant provided by the ,secretary under subsection 7c7 and a grant provided by a ,state or ,indian ,tribe pursuant to subsection 7d7 during the same application cycle4 7f7 ,distribution of funding ,of the amounts made available to carry out the program for a fiscal year1 the ,secretary shall ensure that-- 7#a7 #ej percent is used to award grants to eligible entities under subsection 7c72 and 7#b7 #ej percent is used to make grants to ,states and ,indian ,tribes under subsection 7d74 7g7 ,technical and other assistance 7#a7 ,in general ,the ,secretary1 ,states1 and ,indian ,tribes may-- 7,a7 provide technical assistance and facilitate the distribution and sharing of information to reduce the likelihood and consequences of disruptive events2 and 7,b7 promulgate consumer-facing information and resources to inform the public of best practices and resources relating to reducing the likelihood and consequences of disruptive events4 7#b7 ,use of funds by the ,secretary ,of the amounts made available to the ,secretary to carry out the program each fiscal year1 the ,secretary may use not more than #e percent for-- 7,a7 providing technical assistance under paragraph 7#a77;,a72 and 7,b7 administrative expenses associated with the program4 7h7 ,matching requirement 7#a7 ,in general ,except as provided in paragraph 7#b71 an eligible entity that receives a grant under this section shall be required to match #ajj percent of the amount of the grant4 7#b7 ,exception for small utilities ,an eligible entity that sells not more than #d1jjj1jjj megawatt hours of electricity per year shall be required to match #a_/c of the amount of the grant4 7i7 ,biennial report to congress 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter through #bjbf1 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 program4 7#b7 ,requirements ,the report under paragraph 7#a7 shall include information and data on-- 7,a7 the costs of the projects for which grants are awarded to eligible entities2 7,b7 the types of activities1 technologies1 equipment1 and hardening measures funded by those grants2 and 7,c7 the extent to which the ability of the power grid to withstand disruptive events has increased4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #e1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djajb4 ,hazard mitigation using disaster assistance ,section #djd7;f77#ab7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;c7f77#ab77 is amended-- 7#a7 by inserting and wildfire after windstorm2 7#b7 by striking including replacing and inserting the following3 8including-- 7,a7 replacing 2 7#c7 in subparagraph 7,a7 7as so designated7-- 7,a7 by inserting 1 wildfire1 after extreme wind2 and 7,b7 by adding and after the semicolon at the end2 and 7#d7 by adding at the end the following3 7,b7 the installation of fire-resistant wires and infrastructure and the undergrounding of wires2 4 #djajc4 ,electric grid reliability and resilience research1 development1 and demonstration 7a7 ,definition of ,federal financial assistance ,in this section1 the term ,federal financial assistance has the meaning given the term in section #bjj4a of title #b1 ,code of ,federal ,regulations4 7b7 ,energy infrastructure ,federal financial assistance program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means each of-- 7i7 a ,state2 7ii7 a combination of #b or more ,states2 7iii7 an ,indian ,tribe2 7iv7 a unit of local government2 and 7v7 a public utility commission4 7,b7 ,program ,the term program means the competitive ,federal financial assistance program established under paragraph 7#b74 7#b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program1 to be known as the ,program ,upgrading ,our ,electric ,grid and ,ensuring ,reliability and ,resiliency1 to provide1 on a competitive basis1 ,federal financial assistance to eligible entities to carry out the purpose described in paragraph 7#c74 7#c7 ,purpose ,the purpose of the program is to coordinate and collaborate with electric sector owners and operators-- 7,a7 to demonstrate innovative approaches to transmission1 storage1 and distribution infrastructure to harden and enhance resilience and reliability2 and 7,b7 to demonstrate new approaches to enhance regional grid resilience1 implemented through ,states by public and rural electric cooperative entities on a cost-shared basis4 7#d7 ,applications ,to be eligible to receive ,federal financial assistance under the program1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of-- 7,a7 how the ,federal financial assistance would be used2 7,b7 the expected beneficiaries1 and 7,c7 in the case of a proposal from an eligible entity described in paragraph 7#a77;,a77ii71 how the proposal would improve regional energy infrastructure4 7#e7 ,selection ,the ,secretary shall select eligible entities to receive ,federal financial assistance under the program on a competitive basis4 7#f7 ,cost share ,section #ihh of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afceb7 shall apply to ,federal financial assistance provided under the program4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection1 #e1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7c7 ,energy improvement in rural or remote areas 7#a7 ,definition of rural or remote area ,in this subsection1 the term rural or remote area means a city1 town1 or unincorporated area that has a population of not more than #aj1jjj inhabitants4 7#b7 ,required activities ,the ,secretary shall carry out activities to improve in rural or remote areas of the ,united ,states-- 7,a7 the resilience1 safety1 reliability1 and availability of energy2 and 7,b7 environmental protection from adverse impacts of energy generation4 7#c7 ,federal financial assistance ,the ,secretary1 in consultation with the ,secretary of the ,interior1 may provide ,federal financial assistance to rural or remote areas for the purpose of-- 7,a7 overall cost-effectiveness of energy generation1 transmission1 or distribution systems2 7,b7 siting or upgrading transmission and distribution lines2 7,c7 reducing greenhouse gas emissions from energy generation by rural or remote areas2 7,d7 providing or modernizing electric generation facilities2 7,e7 developing microgrids2 and 7,f7 increasing energy efficiency4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection1 #a1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7d7 ,energy infrastructure resilience framework 7#a7 ,in general ,the ,secretary1 in collaboration with the ,secretary of ,homeland ,security1 the ,federal ,energy ,regulatory ,commission1 the ,north ,american ,electric ,reliability ,corporation1 and interested energy infrastructure stakeholders1 shall develop common analytical frameworks1 tools1 metrics1 and data to assess the resilience1 reliability1 safety1 and security of energy infrastructure in the ,united ,states1 including by developing and storing an inventory of easily transported high-voltage recovery transformers and other required equipment4 7#b7 ,assessment and report 7,a7 ,assessment ,the ,secretary shall carry out an assessment of-- 7i7 with respect to the inventory of high-voltage recovery transformers1 new transformers1 and other equipment proposed to be developed and stored under paragraph 7#a7-- 7,i7 the policies1 technical specifications1 and logistical and program structures necessary to mitigate the risks associated with the loss of high-voltage recovery transformers2 7,,ii7 the technical specifications for high-voltage recovery transformers2 7,,iii7 where inventory of high-voltage recovery transformers should be stored2 7,,iv7 the quantity of high-voltage recovery transformers necessary for the inventory2 7,v7 how the stored inventory of high-voltage recovery transformers would be secured and maintained2 7,,vi7 how the high-voltage recovery transformers may be transported2 7,,vii7 opportunities for developing new flexible advanced transformer designs2 and 7,,viii7 whether new ,federal regulations or cost-sharing requirements are necessary to carry out the storage of high-voltage recovery transformers2 and 7ii7 any efforts carried out by industry as of the date of the assessment-- 7,i7 to share transformers and equipment2 7,,ii7 to develop plans for next generation transformers2 and 7,,iii7 to plan for surge and long-term manufacturing of1 and long-term standardization of1 transformer designs4 7,b7 ,protection of information ,information that is provided to1 generated by1 or collected by the ,secretary under subparagraph 7,a7 shall be considered to be critical electric infrastructure information under section #bae;,a of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a74 7,c7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the assessment carried out under subparagraph 7,a74 #djajd4 ,utility demand response 7a7 ,consideration of demand-,response standard 7#a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 is amended by adding at the end the following3 7#bj7 ,demand-response practices 7,a7 ,in general ,each electric utility shall promote the use of demand-response and demand flexibility practices by commercial1 residential1 and industrial consumers to reduce electricity consumption during periods of unusually high demand4 7,b7 ,rate recovery 7i7 ,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 7,a74 7ii7 ,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 7,a74 4 7#b7 ,compliance 7,a7 ,time limitations ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 is amended by adding at the end the following3 7#g7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated electric utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#bj7 of section #aaa7;d74 4 7,b7 ,failure to comply 7i7 ,in general ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 is amended-- 7,i7 by striking such paragraph 7#ad7 and all that follows through paragraphs 7#af7 and inserting such paragraph 7#ad74 ,in the case of the standard established by paragraph 7#ae7 of section #aaa7;d71 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 7#ae74 ,in the case of the standards established by paragraphs 7#af72 and 7,,ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 7ii7 ,technical correction ,paragraph 7#b7 of section #abed7;b7 of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #iga7 is repealed and the amendment made by that paragraph 7as in effect on the day before the date of enactment of this ,act7 is void1 and section #aab7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;d77 shall be in effect as if that amendment had not been enacted4 7,c7 ,prior ,state actions 7i7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 is amended by adding at the end the following3 7g7 ,prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#bj7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility4 4 7ii7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 is amended-- 7,i7 by striking this subsection each place it appears and inserting this section2 and 7,,ii7 by adding at the end the following3 ,in the case of the standard established by paragraph 7#bj7 of section #aaa7;d71 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 7#bj744 7b7 ,optional features of ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended-- 7#a7 in paragraph 7#af71 by striking and at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ah72 and 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 programs that promote the installation and use of demand-response technology and demand-response practices2 and 4 7c7 ,federal ,energy ,management ,program ,section #edc7;i7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbec7;i77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 to reduce energy consumption during periods of unusually high electricity or natural gas demand4 2 and 7#b7 in paragraph 7#c77;,a7-- 7,a7 in clause 7v71 by striking and at the end2 7,b7 in clause 7vi71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7vii7 promote the installation of demand-response technology and the use of demand-response practices in ,federal buildings4 4 7d7 ,components of ,zero-,net-,energy ,commercial ,buildings ,initiative ,section #dbb7;d77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjhb7;d77 is amended by inserting 7including demand-response technologies1 practices1 and policies7 after policies4 #djaje4 ,siting of interstate electric transmission facilities 7a7 ,designation of ,national ,interest ,electric ,transmission ,corridors ,section #baf7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by inserting and ,indian ,tribes after affected ,states2 and 7,b7 by inserting capacity constraints and before congestion2 7#b7 in paragraph 7#b7-- 7,a7 by striking ,after and inserting ,not less frequently than once every #c years1 the ,secretary1 after2 and 7,b7 by striking affected ,states and all that follows through the period at the end and inserting the following3 8affected ,states and ,indian ,tribes71 shall issue a report1 based on the study under paragraph 7#a7 or other information relating to electric transmission capacity constraints and congestion1 which may designate as a national interest electric transmission corridor any geographic area that-- 7i7 is experiencing electric energy transmission capacity constraints or congestion that adversely affects consumers2 or 7ii7 is expected to experience such energy transmission capacity constraints or congestion4 2 7#c7 in paragraph 7#c7-- 7,a7 by striking ,the ,secretary shall conduct the study and issue the report in consultation and inserting ,not less frequently than once every #c years1 the ,secretary1 in conducting the study under paragraph 7#a7 and issuing the report under paragraph 7#b71 shall consult2 and 7#d7 in paragraph 7#d7-- 7,a7 in subparagraph 7,c71 by inserting or energy security after independence2 7,b7 in subparagraph 7,d71 by striking and at the end2 7,c7 in subparagraph 7,e71 by striking the period at the end and inserting a semicolon2 and 7,d7 by adding at the end the following3 7,f7 the designation would enhance the ability of facilities that generate or transmit firm or intermittent energy to connect to the electric grid2 7,g7 the designation-- 7i7 maximizes existing rights-of-way2 and 7ii7 avoids and minimizes1 to the maximum extent practicable1 and offsets to the extent appropriate and practicable1 sensitive environmental areas and cultural heritage sites2 and 7,h7 the designation would result in a reduction in the cost to purchase electric energy for consumers4 4 7b7 ,construction ,permit ,section #baf7;b7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7b77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a77ii71 by inserting or interregional benefits after interstate benefits2 and 7,b7 by striking subparagraph 7,c7 and inserting the following3 7,c7 a ,state commission or other entity that has authority to approve the siting of the facilities-- 7i7 has not made a determination on an application seeking approval pursuant to applicable law by the date that is #a year after the later of-- 7,i7 the date on which the application was filed2 and 7,,ii7 the date on which the relevant national interest electric transmission corridor was designated by the ,secretary under subsection 7a72 7ii7 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 feasible2 or 7iii7 has denied an application seeking approval pursuant to applicable law2 4 7c7 ,rights-of-,way ,section #baf7;e77#a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7e77#a77 is amended by striking modify the transmission facilities1 the and inserting modify1 and operate and maintain1 the transmission facilities and1 in the determination of the ,commission1 the permit holder has made good faith efforts to engage with landowners and other stakeholders early in the applicable permitting process1 the4 7d7 ,interstate ,compacts ,section #baf7;i7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdp7i77 is amended-- 7#a7 in paragraph 7#b71 by striking may and inserting shall2 and 7#b7 in paragraph 7#d71 by striking the members and all that follows through the period at the end and inserting the following3 8the ,secretary determines that the members of the compact are in disagreement after the later of-- 7,a7 the date that is #a year after the date on which the relevant application for the facility was filed2 and 7,b7 the date that is #a year after the date on which the relevant national interest electric transmission corridor was designated by the ,secretary under subsection 7a74 4 #djajf4 ,transmission facilitation program 7a7 ,definitions ,in this section3 7#a7 ,capacity contract ,the term capacity contract means a contract entered into by the ,secretary and an eligible entity under subsection 7e77#a77;,a7 for the right to the use of the transmission capacity of an eligible project4 7#b7 ,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-- 7,a7 #a1jjj megawatts2 or 7,b7 in the case of a project that consists of upgrading an existing transmission line or constructing a new transmission line in an existing transmission1 transportation1 or telecommunications infrastructure corridor1 #ejj megawatts4 7#c7 ,eligible entity ,the term eligible entity means an entity seeking to carry out an eligible project4 7#d7 ,eligible project ,the term eligible project means a project 7including any related facility7-- 7,a7 to construct a new or replace an existing eligible electric power transmission line2 7,b7 to increase the transmission capacity of an existing eligible electric power transmission line2 or 7,c7 to connect an isolated microgrid to an existing transmission1 transportation1 or telecommunications infrastructure corridor located in ,alaska1 ,hawaii1 or a territory of the ,united ,states4 7#e7 ,fund ,the term ,fund means the ,transmission ,facilitation ,fund established by subsection 7d77#a74 7#f7 ,program ,the term program means the ,transmission ,facilitation ,program established by subsection 7b74 7#g7 ,related facility 7,a7 ,in general ,the term related facility means a facility related to an eligible project described in paragraph 7#d74 7,b7 ,exclusions ,the term related facility does not include-- 7i7 facilities used primarily to generate electric energy2 or 7ii7 facilities used in the local distribution of electric energy4 7b7 ,establishment ,there is established a program1 to be known as the ,transmission ,facilitation ,program1 under which the ,secretary shall facilitate the construction of electric power transmission lines and related facilities in accordance with subsection 7e74 7c7 ,applications 7#a7 ,in general ,to be eligible for assistance under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,procedures ,the ,secretary shall establish procedures for the solicitation and review of applications from eligible entities4 7d7 ,funding 7#a7 ,transmission facilitation fund ,there is established in the ,treasury a fund1 to be known as the ,transmission ,facilitation ,fund1 consisting of-- 7,a7 all amounts received by the ,secretary1 including receipts1 collections1 and recoveries1 from any source relating to expenses incurred by the ,secretary in carrying out the program1 including-- 7i7 costs recovered pursuant to paragraph 7#d72 7ii7 amounts received as repayment of a loan issued to an eligible entity under subsection 7e77#a77;,b72 and 7iii7 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 7e77#a77;,c72 7,b7 all amounts borrowed from the ,secretary of the ,treasury by the ,secretary for the program under paragraph 7#b72 and 7,c7 any amounts appropriated to the ,secretary for the program4 7#b7 ,borrowing authority ,the ,secretary of the ,treasury may1 without further appropriation and without fiscal year limitation1 loan to the ,secretary on such terms as may be fixed by the ,secretary and the ,secretary of the ,treasury1 such sums as1 in the judgment of the ,secretary1 are from time to time required for the purpose of carrying out the program1 not to exceed1 in the aggregate 7including deferred interest71 #b1ejj1jjj1jjj in outstanding repayable balances at any #a time4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program1 including for any administrative expenses of carrying out the program that are not recovered under paragraph 7#d71 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#d7 ,cost recovery 7,a7 ,in general ,except as provided in subparagraph 7,b71 the cost of any facilitation activities carried out by the ,secretary under subsection 7e77#a7 shall be collected-- 7i7 from eligible entities receiving the benefit of the applicable facilitation activity1 on a schedule to be determined by the ,secretary2 or 7ii7 with respect to a contracted transmission capacity under subsection 7e77#a77;,a7 through rates charged for the use of the contracted transmission capacity4 7,b7 ,forgiveness of balances 7i7 ,termination or end of useful life ,if1 at the end of the useful life of an eligible project or the termination of a capacity contract under subsection 7f77#e71 there is a remaining balance owed to the ,treasury under this section1 the balance shall be forgiven4 7ii7 ,unconstructed projects ,funds expended to study projects that are considered pursuant to this section but that are not constructed shall be forgiven4 7,c7 ,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 7e77#a77;,c7 through rates charged to customers benefitting from the new transmission capability provided by the eligible project4 7e7 ,facilitation of eligible projects 7#a7 ,in general ,to facilitate eligible projects1 the ,secretary may-- 7,a7 subject to subsections 7f7 and 7i71 enter into a capacity contract with respect to an eligible project prior to the date on which the eligible project is completed2 7,b7 subject to subsections 7g7 and 7i71 issue a loan to an eligible entity for the costs of carrying out an eligible project2 or 7,c7 subject to subsections 7h7 and 7i71 participate with an eligible entity in designing1 developing1 constructing1 operating1 maintaining1 or owning an eligible project4 7#b7 ,requirement ,the provision and receipt of assistance for an eligible project under paragraph 7#a7 shall be subject to such terms and conditions as the ,secretary determines to be appropriate-- 7,a7 to ensure the success of the program2 and 7,b7 to protect the interests of the ,united ,states4 7f7 ,capacity contracts 7#a7 ,purpose ,in entering into capacity contracts under subsection 7e77#a77;,a71 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 project4 7#b7 ,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-- 7,a7 the fair market value for the use of the transmission capacity1 as determined by the ,secretary1 taking into account1 as the ,secretary determines to be necessary1 the comparable value for the use of the transmission capacity of other electric power transmission lines2 and 7,b7 on a schedule and in such divided amounts1 which may be a single amount1 that the ,secretary determines are likely to facilitate construction of the eligible project1 taking into account standard industry practice and factors specific to each applicant1 including1 as applicable-- 7i7 potential review by a ,state regulatory entity of the revenue requirement of an electric utility2 and 7ii7 the financial model of an independent transmission developer4 7#c7 ,limitations ,a capacity contract shall-- 7,a7 be for a term of not more than #dj years2 and 7,b7 be for not more than #ej percent of the total proposed transmission capacity of the applicable eligible project4 7#d7 ,transmission marketing 7,a7 ,in general ,if the ,secretary has not terminated a capacity contract under paragraph 7#e7 before the applicable eligible project enters into service1 the ,secretary may enter into #a 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 contract4 7,b7 ,return ,subject to subparagraph 7,d71 the ,secretary shall seek to ensure that any contract entered into under subparagraph 7,a7 maximizes the financial return to the ,federal ,government4 7,c7 ,competitive solicitation ,the ,secretary shall only select third parties for contracts under this paragraph through a competitive solicitation4 7,d7 ,requirement ,the marketing of capacity pursuant to this subsection1 including any marketing by a third party under subparagraph 7,a71 shall be undertaken consistent with the requirements of the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq474 7#e7 ,termination 7,a7 ,in general ,the ,secretary shall seek to terminate a capacity contract as soon as practicable after determining that sufficient transmission capacity of the eligible project has been secured by other entities to ensure the long-term financial viability of the eligible project1 including through #a or more transfers under subparagraph 7,b74 7,b7 ,transfer ,on payment to the ,secretary by a third party for transmission capacity to which the ,secretary has rights under a capacity contract1 the ,secretary may transfer the rights to that transmission capacity to that third party4 7,c7 ,relinquishment ,on payment to the ,secretary by the applicable eligible entity for transmission capacity to which the ,secretary has rights under a capacity contract1 the ,secretary may relinquish the rights to that transmission capacity to the eligible entity4 7,d7 ,requirement ,a payment under subparagraph 7,b7 or 7,c7 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 7,b7 or the relinquishment under subparagraph 7,c71 as applicable4 7#f7 ,other federal capacity positions ,the existence of a capacity contract does not preclude a ,federal entity1 including a ,federal power marketing administration1 from otherwise securing transmission capacity at any time from an eligible project1 to the extent that the ,federal entity is authorized to secure that transmission capacity4 7#g7 ,form of financial assistance ,entering into a capacity contract under subsection 7e77#a77;,a7 shall be considered a form of financial assistance described in section #aejh4a7q77#a77vii7 of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#h7 ,transmission planning region consultation ,prior to entering into a capacity contract under this subsection1 the ,secretary shall consult with the relevant transmission planning region regarding the transmission planning region's identification of needs1 and the ,secretary shall minimize1 to the extent possible1 duplication or conflict with the transmission planning region's needs determination and selection of projects that meet such needs4 7g7 ,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 7e77#a77;,b7 shall be fixed by the ,secretary1 taking into consideration market yields on outstanding marketable obligations of the ,united ,states of comparable maturities as of the date of the loan4 7h7 ,public-private partnerships ,the ,secretary may participate with an eligible entity with respect to an eligible project under subsection 7e77#a77;,c7 if the ,secretary determines that the eligible project-- 7#a7 7,a7 is located in an area designated as a national interest electric transmission corridor pursuant to section #baf7;a7 of the ,federal ,power ,act #af ,u4,s4,c4 #hbdp7a72 or 7,b7 is necessary to accommodate an actual or projected increase in demand for electric transmission capacity across more than #a ,state or transmission planning region2 7#b7 is consistent with efficient and reliable operation of the transmission grid2 7#c7 will be operated in conformance with prudent utility practices2 7#d7 will be operated in conformance with the rules of-- 7,a7 a ,transmission ,organization 7as defined in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif771 if applicable2 or 7,b7 a regional reliability organization2 and 7#e7 is not duplicative of the functions of existing transmission facilities that are the subject of ongoing siting and related permitting proceedings4 7i7 ,certification ,prior to taking action to facilitate an eligible project under subparagraph 7,a71 7,b71 or 7,c7 of subsection 7e77#a71 the ,secretary shall certify that-- 7#a7 the eligible project is in the public interest2 7#b7 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 section1 including with respect to an eligible project for which a ,federal investment tax credit may be allowed2 and 7#c7 it is reasonable to expect that the proceeds from the eligible project will be adequate1 as applicable-- 7,a7 to recover the cost of a capacity contract entered into under subsection 7e77#a77;,a72 7,b7 to repay a loan provided under subsection 7e77#a77;,b72 or 7,c7 to repay any amounts borrowed from the ,secretary of the ,treasury under subsection 7d77#b74 7j7 ,other authorities1 limitations1 and effects 7#a7 ,participation ,the ,secretary may permit other entities to participate in the financing1 construction1 and ownership of eligible projects facilitated under this section4 7#b7 ,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 project4 7#c7 ,federal facilities ,for purposes of cost recovery under subsection 7d77#d7 and repayment of a loan issued under subsection 7e77#a77;,b71 each eligible project facilitated by the ,secretary under this section shall be treated as separate and distinct from-- 7,a7 each other eligible project2 and 7,b7 all other ,federal power and transmission facilities4 7#d7 ,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 section4 7#e7 ,effect on western area power administration projects ,nothing in this section affects-- 7,a7 any pending project application before the ,western ,area ,power ,administration under section #cja of the ,hoover ,power ,plant ,act of #aihd 7#db ,u4,s4,c4 #afdba;a72 or 7,b7 any agreement entered into by the ,western ,power ,administration under that section4 7#f7 ,third-party finance ,nothing in this section precludes an eligible project facilitated under this section from being eligible as a project under section #abbb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afdba74 7#g7 ,limitation on loans ,an eligible project may not be the subject of both-- 7,a7 a loan under subsection 7e77#a77;,b72 and 7,b7 a ,federal loan under section #cja of the ,hoover ,power ,plant ,act of #aihd 7#db ,u4,s4,c4 #afdba;a74 7#h7 ,considerations ,in evaluating eligible projects for possible facilitation under this section1 the ,secretary shall prioritize projects that1 to the maximum extent practicable-- 7,a7 use technology that enhances the capacity1 efficiency1 resiliency1 or reliability of an electric power transmission system1 including-- 7i7 reconductoring of an existing electric power transmission line with advanced conductors2 and 7ii7 hardware or software that enables dynamic line ratings1 advanced power flow control1 or grid topology optimization2 7,b7 will improve the resiliency and reliability of an electric power transmission system2 7,c7 facilitate interregional transfer capacity that supports strong and equitable economic growth2 and 7,d7 contribute to national or subnational goals to lower electricity sector greenhouse gas emissions4 #djajg4 ,deployment of technologies to enhance grid flexibility 7a7 ,in general ,section #acjf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the matter preceding paragraph 7#a71 by striking the date of enactment of this ,act and inserting the date of enactment of the ,infrastructure ,investment and ,jobs ,act2 7,b7 by redesignating paragraph 7#i7 as paragraph 7#ad72 and 7,c7 by inserting after paragraph 7#h7 the following3 7#i7 ,in the case of data analytics that enable software to engage in ,smart ,grid functions1 the documented purchase costs of the data analytics4 7#aj7 ,in the case of buildings1 the documented expenses for devices and software1 including for installation1 that allow buildings to engage in demand flexibility or ,smart ,grid functions4 7#aa7 ,in the case of utility communications1 operational fiber and wireless broadband communications networks to enable data flow between distribution system components4 7#ab7 ,in the case of advanced transmission technologies such as dynamic line rating1 flow control devices1 advanced conductors1 network topology optimization1 or other hardware1 software1 and associated protocols applied to existing transmission facilities that increase the operational transfer capacity of a transmission network1 the documented expenditures to purchase and install those advanced transmission technologies4 7#ac7 ,in the case of extreme weather or natural disasters1 the ability to redirect or shut off power to minimize blackouts and avoid further damage4 2 and 7#b7 in subsection 7d7-- 7,a7 by redesignating paragraph 7#i7 as paragraph 7#af72 and 7,b7 by inserting after paragraph 7#h7 the following3 7#i7 ,the ability to use data analytics and software-as-service to provide flexibility by improving the visibility of the electrical system to grid operators that can help quickly rebalance the electrical system with autonomous controls4 7#aj7 ,the ability to facilitate the aggregation or integration of distributed energy resources to serve as assets for the grid4 7#aa7 ,the ability to provide energy storage to meet fluctuating electricity demand1 provide voltage support1 and integrate intermittent generation sources1 including vehicle-to-grid technologies4 7#ab7 ,the ability of hardware1 software1 and associated protocols applied to existing transmission facilities to increase the operational transfer capacity of a transmission network4 7#ac7 ,the ability to anticipate and mitigate impacts of extreme weather or natural disasters on grid resiliency4 7#ad7 ,the ability to facilitate the integration of renewable energy resources1 electric vehicle charging infrastructure1 and vehicle-to-grid technologies4 7#ae7 ,the ability to reliably meet increased demand from electric vehicles and the electrification of appliances and other sectors4 4 7b7 ,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 #acjf7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf7;a77 #c1jjj1jjj1jjj for fiscal year #bjbb1 to remain available through ,september #cj1 #bjbf4 #djajh4 ,state energy security plans 7a7 ,in general ,part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq47 is amended-- 7#a7 in section #cfa-- 7,a7 by striking the section designation and heading and all that follows through ,the ,congress and inserting the following3 #cfa4 ,findings2 purpose2 definitions 7a7 ,findings ,congress 2 7,b7 in subsection 7b71 by striking 7b7 ,it is and inserting the following3 7b7 ,purpose ,it is 2 and 7,c7 by adding at the end the following3 7c7 ,definitions ,in this part3 2 7#b7 in section #cff-- 7,a7 in paragraph 7#c77;,b77i71 by striking approved under section #cfg1 and 2 and inserting 2 and2 7,b7 in each of paragraphs 7#a7 through 7#h71 by inserting a paragraph heading1 the text of which is comprised of the term defined in the paragraph2 and 7,c7 by redesignating paragraphs 7#f7 and 7#g7 as paragraphs 7#g7 and 7#f71 respectively1 and moving the paragraphs so as to appear in numerical order2 7#c7 by moving paragraphs 7#a7 through 7#h7 of section #cff 7as so redesignated7 so as to appear after subsection 7c7 of section #cfa 7as designated by paragraph 7#a77;,c772 and 7#d7 by amending section #cff to read as follows3 #cff4 ,state energy security plans 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,state energy security plan ,the term ,state energy security plan means a ,state energy security plan described in subsection 7b74 7b7 ,financial assistance for ,state energy security plans ,federal financial assistance made available to a ,state under this part may be used for the development1 implementation1 review1 and revision of a ,state energy security plan that-- 7#a7 assesses the existing circumstances in the ,state2 and 7#b7 proposes methods to strengthen the ability of the ,state1 in consultation with owners and operators of energy infrastructure in the ,state-- 7,a7 to secure the energy infrastructure of the ,state against all physical and cybersecurity threats2 7,b7 7i7 to mitigate the risk of energy supply disruptions to the ,state2 and 7ii7 to enhance the response to1 and recovery from1 energy disruptions2 and 7,c7 to ensure that the ,state has reliable1 secure1 and resilient energy infrastructure4 7c7 ,contents of plan ,a ,state energy security plan shall-- 7#a7 address all energy sources and regulated and unregulated energy providers2 7#b7 provide a ,state energy profile1 including an assessment of energy production1 transmission1 distribution1 and end-use2 7#c7 address potential hazards to each energy sector or system1 including-- 7,a7 physical threats and vulnerabilities2 and 7,b7 cybersecurity threats and vulnerabilities2 7#d7 provide a risk assessment of energy infrastructure and cross-sector interdependencies2 7#e7 provide a risk mitigation approach to enhance reliability and end-use resilience2 and 7#f7 7,a7 address-- 7i7 multi-,state and regional coordination1 planning1 and response2 and 7ii7 coordination with ,indian ,tribes with respect to planning and response2 and 7,b7 to the extent practicable1 encourage mutual assistance in cyber and physical response plans4 7d7 ,coordination ,in developing or revising a ,state energy security plan1 the ,state energy office of the ,state shall coordinate1 to the extent practicable1 with-- 7#a7 the public utility or service commission of the ,state2 7#b7 energy providers from the private and public sectors2 and 7#c7 other entities responsible for-- 7,a7 maintaining fuel or electric reliability2 and 7,b7 securing energy infrastructure4 7e7 ,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 ,secretary1 with respect to that fiscal year-- 7#a7 a ,state energy security plan that meets the requirements of subsection 7c72 or 7#b7 after an annual review1 carried out by the ,governor1 of a ,state energy security plan-- 7,a7 any necessary revisions to the ,state energy security plan2 or 7,b7 a certification that no revisions to the ,state energy security plan are necessary4 7f7 ,technical assistance ,on request of the ,governor of a ,state1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 may provide information1 technical assistance1 and other assistance in the development1 implementation1 or revision of a ,state energy security plan4 7g7 ,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-- 7#a7 to supplement1 and not to supplant1 ,state and local funds2 and 7#b7 to the maximum extent practicable1 to increase the amount of ,state and local funds that otherwise would be available1 in the absence of the ,federal financial assistance1 for the implementation of a ,state energy security plan4 7h7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7i7 ,sunset ,the requirements of this section shall expire on ,october #ca1 #bjbe4 4 7b7 ,clerical amendments ,the table of contents of the ,energy ,policy and ,conservation ,act 7,public ,law #id-afc2 #hi ,stat4 #hgb7 is amended-- 7#a7 by striking the item relating to section #cfa and inserting the following3 ,sec4 #cfa4 ,findings2 purpose2 definitions4 2 and 7#b7 by striking the item relating to section #cff and inserting the following3 ,sec4 #cff4 ,state energy security plans4 4 7c7 ,conforming amendments 7#a7 ,section #eji7;i77#c7 of the ,housing and ,urban ,development ,act of #aigj 7#ab ,u4,s4,c4 #agjaz-#h7;i77#c77 is amended by striking prescribed for such terms in section #cff of the ,energy ,policy and ,conservation ,act and inserting given the terms in section #cfa7;c7 of the ,energy ,policy and ,conservation ,act4 7#b7 ,section #cfc of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbc7 is amended-- 7,a7 by striking subsection 7e72 and 7,b7 by redesignating subsection 7f7 as subsection 7e74 7#c7 ,section #dea7;i77#c7 of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhha7;i77#c77 is amended by striking prescribed for such terms in section #cff of the ,federal ,energy ,policy and ,conservation ,act and inserting given the terms in section #cfa7;c7 of the ,energy ,policy and ,conservation ,act4 #djaji4 ,state energy program 7a7 ,collaborative transmission siting ,section #cfb7;c7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;c77 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 7#b7 in paragraph 7#f71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#g7 the mandatory conduct of activities to support transmission and distribution planning1 including-- 7,a7 support for local governments and ,indian ,tribes2 7,b7 feasibility studies for transmission line routes and alternatives2 7,c7 preparation of necessary project design and permits2 and 7,d7 outreach to affected stakeholders4 4 7b7 ,state energy conservation plans ,section #cfb7;d7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbb7;d77 is amended by striking paragraph 7#c7 and inserting the following3 7#c7 programs to increase transportation energy efficiency1 including programs to help reduce carbon emissions in the transportation sector by #bjej and accelerate the use of alternative transportation fuels for1 and the electrification of1 ,state government vehicles1 fleet vehicles1 taxis and ridesharing services1 mass transit1 school buses1 ferries1 and privately owned passenger and medium- and heavy-duty vehicles2 4 7c7 ,authorization of appropriations for ,state energy program ,section #cfe of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7 is amended by striking subsection 7f7 and inserting the following3 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this part #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#b7 ,distribution ,amounts made available under paragraph 7#a7-- 7,a7 shall be distributed to the ,states in accordance with the applicable distribution formula in effect on ,january #a1 #bjba2 and 7,b7 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 ,act1 #aihe 7#db ,u4,s4,c4 #fcbc;a74 4 #djaaj4 ,power marketing administration transmission borrowing authority 7a7 ,borrowing authority 7#a7 ,in general ,subject to paragraph 7#b71 for the purposes of providing funds to assist in the financing of the construction1 acquisition1 and replacement of the ,federal ,columbia ,river ,power ,system and to implement the authority of the ,administrator of the ,bonneville ,power ,administration 7referred to in this section as the ,administrator7 under the ,pacific ,northwest ,electric ,power ,planning and ,conservation ,act 7#af ,u4,s4,c4 #hci et seq471 an additional #aj1jjj1jjj1jjj in borrowing authority is made available under the ,federal ,columbia ,river ,transmission ,system ,act 7#af ,u4,s4,c4 #hch et seq471 to remain outstanding at any #a time4 7#b7 ,limitation ,the obligation of additional borrowing authority under paragraph 7#a7 shall not exceed #f1jjj1jjj1jjj by fiscal year #bjbh4 7b7 ,financial plan 7#a7 ,in general ,the ,administrator shall issue an updated financial plan by the end of fiscal year #bjbb4 7#b7 ,requirement ,as part of the process of issuing an updated financial plan under paragraph 7#a71 the ,administrator shall-- 7,a7 consistent with asset management planning and sound business principles1 consider projected and planned use and allocation of the borrowing authority of the ,administrator across the mission responsibilities of the ,bonneville ,power ,administration2 and 7,b7 before issuing the final updated financial plan-- 7i7 engage1 in a manner determined by the ,administrator1 with customers with respect to a draft of the updated plan2 and 7ii7 consider as a relevant factor any recommendations from customers regarding prioritization of asset investments4 7c7 ,stakeholder engagement ,the ,administrator shall-- 7#a7 engage1 in a manner determined by the ,administrator1 with customers and stakeholders with respect to the financial and cost management efforts of the ,administrator through periodic program reviews2 and 7#b7 to the maximum extent practicable1 implement those policies that would be expected to be consistent with the lowest possible power and transmission rates consistent with sound business principles4 7d7 ,repayment ,any additional ,treasury borrowing authority received under this section shall be fully repaid to the ,treasury in a manner consistent with the applicable self-financed ,federal budget accounts4 #djaaa4 ,study of codes and standards for use of energy storage systems across sectors 7a7 ,in general ,the ,secretary shall conduct a study of types and commercial applications of codes and standards applied to-- 7#a7 stationary energy storage systems2 7#b7 mobile energy storage systems2 and 7#c7 energy storage systems that move between stationary and mobile applications1 such as electric vehicle batteries or batteries repurposed for new applications4 7b7 ,purposes ,the purposes of the study conducted under subsection 7a7 shall be-- 7#a7 to identify barriers1 foster collaboration1 and increase conformity across sectors relating to-- 7,a7 use of emerging energy storage technologies2 and 7,b7 use cases1 such as vehicle-to-grid integration2 7#b7 to identify all existing codes and standards that apply to energy storage systems2 7#c7 to identify codes and standards that require revision or enhancement2 7#d7 to enhance the safe implementation of energy storage systems2 and 7#e7 to receive formal input from stakeholders regarding-- 7,a7 existing codes and standards2 and 7,b7 new or revised codes and standards4 7c7 ,consultation ,in conducting the study under subsection 7a71 the ,secretary shall consult with all relevant standards-developing organizations and other entities with expertise regarding energy storage system safety4 7d7 ,report ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study conducted under subsection 7a74 #djaab4 ,demonstration of electric vehicle battery second-life applications for grid services ,section #cbja7;c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the period at the end and inserting 2 and2 7,b7 by striking including at and inserting the following3 including-- 7,a7 at 2 and 7,c7 by adding at the end the following3 7,b7 #a project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid1 in accordance with paragraph 7#c74 2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#c7 by inserting after paragraph 7#b7 the following3 7#c7 ,demonstration of electric vehicle battery second-life applications for grid services 7,a7 ,in general ,the ,secretary shall enter into an agreement to carry out a project to demonstrate second-life applications of electric vehicle batteries as aggregated energy storage installations to provide services to the electric grid4 7,b7 ,purposes ,the purposes of the project under subparagraph 7,a7 shall be-- 7i7 to demonstrate power safety and the reliability of the applications demonstrated under the program2 7ii7 to demonstrate the ability of electric vehicle batteries-- 7,i7 to provide ancillary services for grid stability and management2 and 7,,ii7 to reduce the peak loads of homes and businesses2 7iii7 to extend the useful life of electric vehicle batteries and the components of electric vehicle batteries prior to the collection1 recycling1 and reprocessing of the batteries and components2 and 7iv7 to increase acceptance of1 and participation in1 the use of second-life applications of electric vehicle batteries by utilities4 7,c7 ,priority ,in selecting a project to carry out under subparagraph 7,a71 the ,secretary shall give priority to projects in which the demonstration of the applicable second-life applications is paired with #a or more facilities that could particularly benefit from increased resiliency and lower energy costs1 such as a multi-family affordable housing facility1 a senior care facility1 and a community health center4 4 #djaac4 ,columbia ,basin power management 7a7 ,definitions ,in this section3 7#a7 ,account ,the term ,account means the account established by subsection 7b77#a74 7#b7 ,administrator ,the term ,administrator means the ,administrator of the ,bonneville ,power ,administration4 7#c7 ,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 ,basin1 signed at ,washington ,january #ag1 #aifa 7#ae ,,ust #aeee2 ,,tias #efch74 7b7 ,transmission ,coordination and ,expansion 7#a7 ,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 ,canada4 7#b7 ,criteria 7,a7 ,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 ,canada4 7,b7 ,application ,subparagraph 7,a7 shall be effective after the later of-- 7i7 ,september #af1 #bjbd2 and 7ii7 the date on which the ,canadian entitlement value calculation is terminated or reduced to the actual electric power value to the ,united ,states1 as determined by the ,administrator4 7#c7 ,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 subsection4 7#d7 ,authorization ,there is authorized to be appropriated to the ,account a nonreimburseable amount equal to the aggregated amount of the ,canadian ,entitlement during the #e-year period preceding the date of enactment of this ,act4 7c7 ,increased ,hydroelectric ,capacity 7#a7 ,in general ,the ,commissioner of ,reclamation shall rehabilitate and enhance the ,john ,w4 ,keys ,,iii ,pump ,generating ,plant-- 7,a7 to replace obsolete equipment2 7,b7 to maintain reliability and improve efficiency in system performance and operation2 7,c7 to create more hydroelectric power capacity in the ,pacific ,northwest2 and 7,d7 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 #af1 #bjbd4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated #ajj1jjj1jjj1 which shall be nonreimburseable1 to carry out this subsection4 7d7 ,power ,coordination ,study 7#a7 ,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 ,canada4 7#b7 ,criteria ,the study conducted under paragraph 7#a7 shall analyze-- 7,a7 projected changes to the ,pacific ,northwest electricity supply2 7,b7 potential reductions in greenhouse gas emissions2 7,c7 any potential need to increase transmission capacity2 and 7,d7 any other factor the ,administrator considers to be relevant for increasing bilateral coordination4 7#c7 ,coordination ,in conducting the study under paragraph 7#a71 the ,administrator shall coordinate1 to the extent practicable1 with-- 7,a7 the ,british ,columbia or a crown corporation owned by ,british ,columbia2 7,b7 the ,assistant ,secretary2 7,c7 the ,commissioner of ,reclamation2 and 7,d7 any public utility districts that operate hydroelectric projects on the mainstem of the ,columbia ,river4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated #aj1jjj1jjj1 which shall be nonreimburseable1 to carry out this subsection4 ,b ,cybersecurity #djaba4 ,enhancing grid security through public-private partnerships 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system2 electric reliability organization ,the terms bulk-power system and ,electric ,reliability ,organization has the meaning given the terms in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,electric utility2 state regulatory authority ,the terms electric utility and ,state regulatory authority have the meanings given the terms in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7b7 ,program to promote and advance physical security and cybersecurity of electric utilities 7#a7 ,establishment ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with1 as the ,secretary determines to be appropriate1 the heads of other relevant ,federal agencies1 ,state regulatory authorities1 industry stakeholders1 and the ,electric ,reliability ,organization1 shall carry out a program-- 7,a7 to develop1 and provide for voluntary implementation of1 maturity models1 self-assessments1 and auditing methods for assessing the physical security and cybersecurity of electric utilities2 7,b7 to assist with threat assessment and cybersecurity training for electric utilities2 7,c7 to provide technical assistance for electric utilities subject to the program2 7,d7 to provide training to electric utilities to address and mitigate cybersecurity supply chain management risks2 7,e7 to advance1 in partnership with electric utilities1 the cybersecurity of third-party vendors that manufacture components of the electric grid2 7,f7 to increase opportunities for sharing best practices and data collection within the electric sector2 and 7,g7 to assist1 in the case of electric utilities that own defense critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7771 with full engineering reviews of critical functions and operations at both the utility and defense infrastructure levels-- 7i7 to identify unprotected avenues for cyber-enabled sabotage that would have catastrophic effects to national security2 and 7ii7 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 adversaries4 7#b7 ,scope ,in carrying out the program under paragraph 7#a71 the ,secretary shall-- 7,a7 take into consideration-- 7i7 the different sizes of electric utilities2 and 7ii7 the regions that electric utilities serve2 7,b7 prioritize electric utilities with fewer available resources due to size or region2 and 7,c7 to the maximum extent practicable1 use and leverage-- 7i7 existing ,department and ,department of ,homeland ,security programs2 and 7ii7 existing programs of the ,federal agencies determined to be appropriate under paragraph 7#a74 7c7 ,report on cybersecurity of distribution systems ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with1 as the ,secretary determines to be appropriate1 the heads of other ,federal agencies1 ,state regulatory authorities1 and industry stakeholders1 shall submit to ,congress a report that assesses-- 7#a7 priorities1 policies1 procedures1 and actions for enhancing the physical security and cybersecurity of electricity distribution systems1 including behind-the-meter generation1 storage1 and load management devices1 to address threats to1 and vulnerabilities of1 electricity distribution systems2 and 7#b7 the implementation of the priorities1 policies1 procedures1 and actions assessed under paragraph 7#a71 including-- 7,a7 an estimate of potential costs and benefits of the implementation2 and 7,b7 an assessment of any public-private cost-sharing opportunities4 7d7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 #djabb4 ,energy ,cyber ,sense program 7a7 ,definitions ,in this section3 7#a7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#b7 ,program ,the term program means the voluntary ,energy ,cyber ,sense program established under subsection 7b74 7b7 ,establishment ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with the heads of other relevant ,federal agencies1 shall establish a voluntary ,energy ,cyber ,sense program to test the cybersecurity of products and technologies intended for use in the energy sector1 including in the bulk-power system4 7c7 ,program requirements ,in carrying out subsection 7b71 the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with the heads of other relevant ,federal agencies1 shall-- 7#a7 establish a testing process under the program to test the cybersecurity of products and technologies intended for use in the energy sector1 including products relating to industrial control systems and operational technologies1 such as supervisory control and data acquisition systems2 7#b7 for products and technologies tested under the program1 establish and maintain cybersecurity vulnerability reporting processes and a related database that are integrated with ,federal vulnerability coordination processes2 7#c7 provide technical assistance to electric utilities1 product manufacturers1 and other energy sector stakeholders to develop solutions to mitigate identified cybersecurity vulnerabilities in products and technologies tested under the program2 7#d7 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 threats2 7#e7 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 technologies2 7#f7 provide reasonable notice to1 and solicit comments from1 the public prior to establishing or revising the testing process under the program2 7#g7 oversee the testing of products and technologies under the program2 and 7#h7 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 sector4 7d7 ,protection of information ,information provided to1 or collected by1 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 sector1 including any electric utility or the bulk-power system-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7e7 ,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 program4 #djabc4 ,incentives for advanced cybersecurity technology investment ,part ,,ii of the ,federal ,power ,act is amended by inserting after section #bai 7#af ,u4,s4,c4 #hbds7 the following3 #bai;,a4 ,incentives for cybersecurity investments 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of public utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,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 agency4 7b7 ,study ,not later than #ahj days after the date of enactment of this section1 the ,commission1 in consultation with the ,secretary of ,energy1 the ,north ,american ,electric ,reliability ,corporation1 the ,electricity ,subsector ,coordinating ,council1 and the ,national ,association of ,regulatory ,utility ,commissioners1 shall conduct a study to identify incentive-based1 including performance-based1 rate treatments for the transmission and sale of electric energy subject to the jurisdiction of the ,commission that could be used to encourage-- 7#a7 investment by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7c7 ,incentive-,based rate treatment ,not later than #a year after the completion of the study under subsection 7b71 the ,commission shall establish1 by rule1 incentive-based1 including performance-based1 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-- 7#a7 investments by public utilities in advanced cybersecurity technology2 and 7#b7 participation by public utilities in cybersecurity threat information sharing programs4 7d7 ,factors for consideration ,in issuing a rule pursuant to this section1 the ,commission may provide additional incentives beyond those identified in subsection 7c7 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-- 7#a7 defense critical electric infrastructure 7as defined in section #bae;,a7a77 and other facilities subject to the jurisdiction of the ,commission that are critical to public safety1 national defense1 or homeland security1 as determined by the ,commission in consultation with-- 7,a7 the ,secretary of ,energy2 7,b7 the ,secretary of ,homeland ,security2 and 7,c7 other appropriate ,federal agencies2 and 7#b7 facilities of small or medium-sized public utilities with limited cybersecurity resources1 as determined by the ,commission4 7e7 ,ratepayer protection 7#a7 ,in general ,any rate approved under a rule issued pursuant to this section1 including any revisions to that rule1 shall be subject to the requirements of sections #bje and #bjf that all rates1 charges1 terms1 and conditions-- 7,a7 shall be just and reasonable2 and 7,b7 shall not be unduly discriminatory or preferential4 7#b7 ,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 technology4 7f7 ,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 #bje that permits recovery of costs and incentives over the depreciable life of the applicable assets1 without regard to changes in receipts or other costs of the public utility4 7g7 ,protection of information ,advanced cybersecurity technology information that is provided to1 generated by1 or collected by the ,federal ,government under subsection 7b71 7c71 or 7f7 shall be considered to be critical electric infrastructure information under section #bae;,a4 4 #djabd4 ,rural and municipal utility advanced cybersecurity grant and technical assistance program 7a7 ,definitions ,in this section3 7#a7 ,advanced cybersecurity technology ,the term advanced cybersecurity technology means any technology1 operational capability1 or service1 including computer hardware1 software1 or a related asset1 that enhances the security posture of electric utilities through improvements in the ability to protect against1 detect1 respond to1 or recover from a cybersecurity threat 7as defined in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja774 7#b7 ,bulk-power system ,the term bulk-power system has the meaning given the term in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a774 7#c7 ,eligible entity ,the term eligible entity means-- 7,a7 a rural electric cooperative2 7,b7 a utility owned by a political subdivision of a ,state1 such as a municipally owned electric utility2 7,c7 a utility owned by any agency1 authority1 corporation1 or instrumentality of #a or more political subdivisions of a ,state2 7,d7 a not-for-profit entity that is in a partnership with not fewer than #f entities described in subparagraph 7,a71 7,b71 or 7,c72 and 7,e7 an investor-owned electric utility that sells less than #d1jjj1jjj megawatt hours of electricity per year4 7#d7 ,program ,the term ,program means the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program established under subsection 7b74 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with the ,federal ,energy ,regulatory ,commission1 the ,north ,american ,electric ,reliability ,corporation1 and the ,electricity ,subsector ,coordinating ,council1 shall establish a program1 to be known as the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program1 to provide grants and technical assistance to1 and enter into cooperative agreements with1 eligible entities to protect against1 detect1 respond to1 and recover from cybersecurity threats4 7c7 ,objectives ,the objectives of the ,program shall be-- 7#a7 to deploy advanced cybersecurity technologies for electric utility systems2 and 7#b7 to increase the participation of eligible entities in cybersecurity threat information sharing programs4 7d7 ,awards 7#a7 ,in general ,the ,secretary-- 7,a7 shall award grants and provide technical assistance under the ,program to eligible entities on a competitive basis2 7,b7 shall develop criteria and a formula for awarding grants and providing technical assistance under the ,program2 7,c7 may enter into cooperative agreements with eligible entities that can facilitate the objectives described in subsection 7c72 and 7,d7 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 ,program4 7#b7 ,priority for grants and technical assistance ,in awarding grants and providing technical assistance under the ,program1 the ,secretary shall give priority to an eligible entity that1 as determined by the ,secretary-- 7,a7 has limited cybersecurity resources2 7,b7 owns assets critical to the reliability of the bulk-power system2 or 7,c7 owns defense critical electric infrastructure 7as defined in section #bae;,a7a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo-#a7;a7774 7e7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djabe4 ,enhanced grid security 7a7 ,definitions ,in this section3 7#a7 ,electric utility ,the term electric utility has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#b7 ,e-,,isac ,the term ,e-,,isac means the ,electricity ,information ,sharing and ,analysis ,center4 7b7 ,cybersecurity for the energy sector research1 development1 and demonstration program 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security and in consultation with1 as determined appropriate1 other ,federal agencies1 the energy sector1 the ,states1 ,indian ,tribes1 ,tribal organizations1 territories or freely associated states1 and other stakeholders1 shall develop and carry out a program-- 7,a7 to develop advanced cybersecurity applications and technologies for the energy sector-- 7i7 to identify and mitigate vulnerabilities1 including-- 7,i7 dependencies on other critical infrastructure2 7,,ii7 impacts from weather and fuel supply2 7,,iii7 increased dependence on inverter-based technologies2 and 7,,iv7 vulnerabilities from unpatched hardware and software systems2 and 7ii7 to advance the security of field devices and third-party control systems1 including-- 7,i7 systems for generation1 transmission1 distribution1 end use1 and market functions2 7,,ii7 specific electric grid elements including advanced metering1 demand response1 distribution1 generation1 and electricity storage2 7,,iii7 forensic analysis of infected systems2 7,,iv7 secure communications2 and 7,v7 application of in-line edge security solutions2 7,b7 to leverage electric grid architecture as a means to assess risks to the energy sector1 including by implementing an all-hazards approach to communications infrastructure1 control systems architecture1 and power systems architecture2 7,c7 to perform pilot demonstration projects with the energy sector to gain experience with new technologies2 7,d7 to develop workforce development curricula for energy sector-related cybersecurity2 and 7,e7 to develop improved supply chain concepts for secure design of emerging digital components and power electronics4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7c7 ,energy sector operational support for cyberresilience program 7#a7 ,in general ,the ,secretary may develop and carry out a program-- 7,a7 to enhance and periodically test-- 7i7 the emergency response capabilities of the ,department2 and 7ii7 the coordination of the ,department with other agencies1 the ,national ,laboratories1 and private industry2 7,b7 to expand cooperation of the ,department with the intelligence community for energy sector-related threat collection and analysis2 7,c7 to enhance the tools of the ,department and ,e-,,isac for monitoring the status of the energy sector2 7,d7 to expand industry participation in ,e-,,isac2 and 7,e7 to provide technical assistance to small electric utilities for purposes of assessing and improving cybermaturity levels and addressing gaps identified in the assessment4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7d7 ,modeling and assessing energy infrastructure risk 7#a7 ,in general ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security1 shall develop and carry out an advanced energy security program to secure energy networks1 including-- 7,a7 electric networks2 7,b7 natural gas networks2 and 7,c7 oil exploration1 transmission1 and delivery networks4 7#b7 ,security and resiliency objective ,the objective of the program developed under paragraph 7#a7 is to increase the functional preservation of electric grid operations or natural gas and oil operations in the face of natural and human-made threats and hazards1 including electric magnetic pulse and geomagnetic disturbances4 7#c7 ,eligible activities ,in carrying out the program developed under paragraph 7#a71 the ,secretary may-- 7,a7 develop capabilities to identify vulnerabilities and critical components that pose major risks to grid security if destroyed or impaired2 7,b7 provide modeling at the national level to predict impacts from natural or human-made events2 7,c7 add physical security to the cybersecurity maturity model2 7,d7 conduct exercises and assessments to identify and mitigate vulnerabilities to the electric grid1 including providing mitigation recommendations2 7,e7 conduct research on hardening solutions for critical components of the electric grid2 7,f7 conduct research on mitigation and recovery solutions for critical components of the electric grid2 and 7,g7 provide technical assistance to ,states and other entities for standards and risk analysis4 7#d7 ,savings provision ,nothing in this section authorizes new regulatory requirements4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djabf4 ,cybersecurity plan 7a7 ,in general ,the ,secretary may require1 as the ,secretary determines appropriate1 a recipient of any award or other funding under this division-- 7#a7 to submit to the ,secretary1 prior to the issuance of the award or other funding1 a cybersecurity plan that demonstrates the cybersecurity maturity of the recipient in the context of the project for which that award or other funding was provided2 and 7#b7 establish a plan for maintaining and improving cybersecurity throughout the life of the proposed solution of the project4 7b7 ,contents of cybersecurity plan ,a cybersecurity plan described in subsection 7a7 shall1 at a minimum1 describe how the recipient described in that subsection-- 7#a7 plans to maintain cybersecurity between networks1 systems1 devices1 applications1 or components-- 7,a7 within the proposed solution of the project2 and 7,b7 at the necessary external interfaces at the proposed solution boundaries2 7#b7 will perform ongoing evaluation of cybersecurity risks to address issues as the issues arise throughout the life of the proposed solution2 7#c7 will report known or suspected network or system compromises of the project to the ,secretary2 and 7#d7 will leverage applicable cybersecurity programs of the ,department1 including cyber vulnerability testing and security engineering evaluations4 7c7 ,additional guidance ,each recipient described in subsection 7a7 should-- 7#a7 maximize the use of open guidance and standards1 including1 wherever possible-- 7,a7 the ,cybersecurity ,capability ,maturity ,model of the ,department 7or a successor model72 and 7,b7 the ,framework for ,improving ,critical ,infrastructure ,cybersecurity of the ,national ,institute of ,standards and ,technology2 and 7#b7 document -- 7,a7 any deviation from open standards2 and 7,b7 the utilization of proprietary standards where the recipient determines that such deviation necessary4 7d7 ,coordination ,the ,office of ,cybersecurity1 ,energy ,security1 and ,emergency ,response of the ,department shall review each cybersecurity plan submitted under subsection 7a7 to ensure integration with ,department research1 development1 and demonstration programs4 7e7 ,protection of information ,information provided to1 or collected by1 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-- 7#a7 shall be exempt from disclosure under section #eeb7;b77#c7 of title #e1 ,united ,states ,code2 and 7#b7 shall not be made available by any ,federal agency1 ,state1 political subdivision of a ,state1 or ,tribal authority pursuant to any ,federal1 ,state1 political subdivision of a ,state1 or ,tribal law1 respectively1 requiring public disclosure of information or records4 #djabg4 ,savings provision ,nothing in this subtitle affects the authority1 existing on the day before the date of enactment of this ,act1 of any other ,federal department or agency1 including the authority provided to the ,secretary of ,homeland ,security and the ,director of the ,cybersecurity and ,infrastructure ,security ,agency in title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq474 ,,ii ,supply chains for clean energy technologies #djbja4 ,earth ,mapping ,resources ,initiative 7a7 ,definition of critical mineral ,in this section1 the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7b7 ,establishment ,there is established within the ,united ,states ,geological ,survey an initiative1 to be known as the ,earth ,mapping ,resources ,initiative 7referred to in this section as the ,initiative74 7c7 ,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-- 7#a7 providing integrated topographic1 geologic1 geochemical1 and geophysical mapping2 7#b7 accelerating the integration and consolidation of geospatial and resource data2 and 7#c7 providing interpretation of subsurface and above-ground mineral resources data4 7d7 ,cooperative agreements 7#a7 ,in general ,in carrying out the ,initiative1 the ,director of the ,united ,states ,geological ,survey may enter into cooperative agreements with ,state geological surveys4 7#b7 ,effect ,nothing in paragraph 7#a7 precludes the ,director of the ,united ,states ,geological ,survey from using existing contracting authorities in carrying out the ,initiative4 7e7 ,comprehensive mapping modernization 7#a7 ,in general ,not later than #aj years after the date of enactment of this ,act1 the ,initiative shall complete an initial comprehensive national modern surface and subsurface mapping and data integration effort4 7#b7 ,approach ,in carrying out paragraph 7#a7 with regard to minerals1 mineralization1 and mineral deposits1 the ,initiative shall focus on the full range of minerals1 using a whole ore body approach rather than a single commodity approach1 to emphasize all of the recoverable critical minerals in a given surface or subsurface deposit4 7#c7 ,priority ,in carrying out paragraph 7#a7 with regard to minerals1 mineralization1 and mineral deposits1 the ,initiative shall prioritize mapping and assessing critical minerals4 7#d7 ,inclusions ,in carrying out paragraph 7#a71 the ,initiative shall also-- 7,a7 map and collect data for areas containing mine waste to increase understanding of above-ground critical mineral resources in previously disturbed areas2 and 7,b7 provide for analysis of samples1 including samples within the ,national ,geological and ,geophysical ,data ,preservation ,program established under section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b77 for the occurrence of critical minerals4 7f7 ,availability ,the ,initiative shall make the geospatial data and metadata gathered by the ,initiative under subsection 7e77#a7 electronically publicly accessible on an ongoing basis4 7g7 ,integration of data sources ,the ,initiative shall integrate data sources1 including data from-- 7#a7 the ,national ,cooperative ,geologic ,mapping ,program established by section #d7;a77#a7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;c7a77#a772 7#b7 the ,national ,geological and ,geophysical ,data ,preservation ,program established under section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b772 7#c7 the ,,usmin ,mineral ,deposit ,database of the ,united ,states ,geological ,survey2 7#d7 the #c;,d ,elevation ,program established under section #e7;a7 of the ,national ,landslide ,preparedness ,act 7#dc ,u4,s4,c4 #cajd7;a772 and 7#e7 other relevant sources1 including sources providing geothermal resources data4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #cbj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 #djbjb4 ,national ,cooperative ,geologic ,mapping ,program 7a7 ,in general ,section #d7;d7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;c7d77 is amended by adding at the end the following3 7#d7 ,abandoned mine land and mine waste component 7,a7 ,in general ,the geologic mapping program shall include an abandoned mine land and mine waste geologic mapping component1 the objective of which shall be to establish the geologic framework of abandoned mine land and other land containing mine waste4 7,b7 ,mapping priorities ,for the component described in subparagraph 7,a71 the priority shall be mapping abandoned mine land and other land containing mine waste where multiple critical mineral 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a777 and metal commodities are anticipated to be present1 rather than single mineral resources4 4 7b7 ,authorization of appropriations ,section #i7;a7 of the ,national ,geologic ,mapping ,act of #aiib 7#dc ,u4,s4,c4 #ca;h7a77 is amended by striking #bjbc and inserting #bjca4 #djbjc4 ,national ,geological and ,geophysical ,data ,preservation ,program ,section #cea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7;b77 is amended-- 7#a7 in paragraph 7#b71 by striking and after the semicolon2 7#b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#d7 to provide for preservation of samples to track geochemical signatures from critical mineral 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a777 ore bodies for use in provenance tracking frameworks4 4 #djbjd4 ,,usgs energy and minerals research facility 7a7 ,establishment ,the ,director of the ,united ,states ,geological ,survey 7referred to in this section as the ,director71 shall fund1 through a cooperative agreement with an academic partner1 the design1 construction1 and tenant build-out of a facility to support energy and minerals research and appurtenant associated structures4 7b7 ,ownership ,the ,united ,states ,geological ,survey shall retain ownership of the facility and associated structures described in subsection 7a74 7c7 ,agreements ,the ,director may enter into agreements with1 and to collect and expend funds or in-kind contributions from1 academic1 ,federal1 ,state1 or other tenants over the life of the facility described in subsection 7a7 for the purposes of-- 7#a7 facility planning2 7#b7 design2 7#c7 maintenance2 7#d7 operation2 or 7#e7 facility improvements4 7d7 ,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 7a71 at no cost to the ,federal ,government1 to obtain land on which to construct the facility described in that subsection for a term of not less than #ii years4 7e7 ,reports ,the ,director shall submit to ,congress annual reports on-- 7#a7 the facility described in subsection 7a72 and 7#b7 the authorities used under this section4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior to carry out this section #afg1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djbje4 ,rare earth elements demonstration facility ,section #gjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd7 is amended-- 7#a7 in subsection 7b71 by inserting and annually thereafter while the facility established under subsection 7c7 remains in operation1 after enactment of this ,act12 7#b7 by redesignating subsection 7c7 as subsection 7d72 and 7#c7 by inserting after subsection 7b7 the following3 7c7 ,rare earth demonstration facility 7#a7 ,establishment ,in coordination with the research program under subsection 7a77#a77;,a71 the ,secretary shall fund1 through an agreement with an academic partner1 the design1 construction1 and build-out of a facility to demonstrate the commercial feasibility of a full-scale integrated rare earth element extraction and separation facility and refinery4 7#b7 ,facility activities ,the facility established under paragraph 7#a7 shall-- 7,a7 provide environmental benefits through use of feedstock derived from acid mine drainage1 mine waste1 or other deleterious material2 7,b7 separate mixed rare earth oxides into pure oxides of each rare earth element2 7,c7 refine rare earth oxides into rare earth metals2 and 7,d7 provide for separation of rare earth oxides and refining into rare earth metals at a single site4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #adj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 #djbjf4 ,critical minerals supply chains and reliability 7a7 ,definition of critical mineral ,in this section1 the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7b7 ,sense of congress ,it is the sense of ,congress that-- 7#a7 critical minerals are fundamental to the economy1 competitiveness1 and security of the ,united ,states2 7#b7 many critical minerals are only economic to recover when combined with the production of a host mineral2 7#c7 to the maximum extent practicable1 the critical mineral needs of the ,united ,states should be satisfied by minerals responsibly produced and recycled in the ,united ,states2 and 7#d7 the ,federal permitting process has been identified as an impediment to mineral production and the mineral security of the ,united ,states4 7c7 ,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 land1 the ,secretary of the ,interior1 acting through the ,director of the ,bureau of ,land ,management1 and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service 7referred to in this section as the ,secretaries71 to the maximum extent practicable1 shall complete the ,federal permitting and review processes with maximum efficiency and effectiveness1 while supporting vital economic growth1 by-- 7#a7 establishing and adhering to timelines and schedules for the consideration of1 and final decisions regarding1 applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#b7 establishing clear1 quantifiable1 and temporal permitting performance goals and tracking progress against those goals2 7#c7 engaging in early collaboration among agencies1 project sponsors1 and affected stakeholders-- 7,a7 to incorporate and address the interests of those parties2 and 7,b7 to minimize delays2 7#d7 ensuring transparency and accountability by using cost-effective information technology to collect and disseminate information regarding individual projects and agency performance2 7#e7 engaging in early and active consultation with ,state1 local1 and ,tribal governments-- 7,a7 to avoid conflicts or duplication of effort2 7,b7 to resolve concerns2 and 7,c7 to allow for concurrent1 rather than sequential1 reviews2 7#f7 providing demonstrable improvements in the performance of ,federal permitting and review processes1 including lower costs and more timely decisions2 7#g7 expanding and institutionalizing ,federal permitting and review process improvements that have proven effective2 7#h7 developing mechanisms to better communicate priorities and resolve disputes among agencies at the national1 regional1 ,state1 and local levels2 and 7#i7 developing other practices1 such as preapplication procedures4 7d7 ,review and report ,not later than #a year after the date of enactment of this ,act1 the ,secretaries shall submit to ,congress a report that-- 7#a7 identifies additional measures1 including regulatory and legislative proposals1 if appropriate1 that would increase the timeliness of permitting activities for the exploration and development of domestic critical minerals2 7#b7 identifies options1 including cost recovery paid by permit applicants1 for ensuring adequate staffing and training of ,federal entities and personnel responsible for the consideration of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land2 7#c7 quantifies the period of time typically required to complete each step associated with the development and processing of applications1 operating plans1 leases1 licenses1 permits1 and other use authorizations for critical mineral-related activities on ,federal land1 including by-- 7,a7 calculating the range1 the mean1 the median1 the variance1 and other statistical measures or representations of the period of time2 and 7,b7 taking into account other aspects that affect the period of time that are outside the control of the ,executive branch1 such as judicial review1 applicant decisions1 or ,state and local government involvement2 and 7#d7 describes actions carried out pursuant to subsection 7c74 7e7 ,performance metric ,not later than #ij days after the date of submission of the report under subsection 7d71 and after providing public notice and an opportunity to comment1 the ,secretaries1 using as a baseline the period of time quantified under paragraph 7#c7 of that subsection1 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 for1 and development of1 domestic critical minerals1 while maintaining environmental standards4 7f7 ,annual reports ,not later than the date on which the ,president submits the first budget of the ,president under section #aaje of title #ca1 ,united ,states ,code1 after publication of the performance metric required under subsection 7e71 and annually thereafter1 the ,secretaries shall submit to ,congress a report that-- 7#a7 summarizes the implementation of recommendations1 measures1 and options identified in paragraphs 7#a7 and 7#b7 of subsection 7d72 7#b7 using the performance metric developed under subsection 7e71 describes progress made by the ,executive branch1 as compared to the baseline developed pursuant to subsection 7d77#c71 in expediting the permitting of activities that will increase exploration for1 and development of1 domestic critical minerals2 and 7#c7 compares the ,united ,states to other countries in terms of permitting efficiency and any other criteria relevant to the globally competitive critical minerals industry4 7g7 ,individual projects ,each year1 using data contained in the reports submitted under subsection 7f71 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 #aabb of title #ca1 ,united ,states ,code4 #djbjg4 ,battery processing and manufacturing 7a7 ,definitions ,in this section3 7#a7 ,advanced battery ,the term advanced battery means a battery that consists of a battery cell that can be integrated into a module1 pack1 or system to be used in energy storage applications1 including electric vehicles and the electric grid4 7#b7 ,advanced battery component 7,a7 ,in general ,the term advanced battery component means a component of an advanced battery4 7,b7 ,inclusions ,the term advanced battery component includes materials1 enhancements1 enclosures1 anodes1 cathodes1 electrolytes1 cells1 and other associated technologies that comprise an advanced battery4 7#c7 ,battery material ,the term battery material means the raw and processed form of a mineral1 metal1 chemical1 or other material used in an advanced battery component4 7#d7 ,eligible entity ,the term eligible entity means an entity described in any of paragraphs 7#a7 through 7#e7 of section #ihi7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec7;b774 7#e7 ,foreign entity of concern ,the term foreign entity of concern means a foreign entity that is-- 7,a7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 7,b7 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 7commonly known as the ,,sdn list72 7,c7 owned by1 controlled by1 or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation 7as defined in section #becc;c7d7 of title #aj1 ,united ,states ,code72 7,d7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act72 7ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge1 #bbgf1 #bbgg1 and #bbhd72 7vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 or 7,e7 determined by the ,secretary1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#f7 ,manufacturing ,the term manufacturing1 with respect to an advanced battery and an advanced battery component1 means the industrial and chemical steps taken to produce that advanced battery or advanced battery component1 respectively4 7#g7 ,processing ,the term processing1 with respect to battery material1 means the refining of materials1 including the treating1 baking1 and coating processes used to convert raw products into constituent materials employed directly in advanced battery manufacturing4 7#h7 ,recycling ,the term recycling means the recovery of materials from advanced batteries to be reused in similar applications1 including the extracting1 processing1 and recoating of battery materials and advanced battery components4 7b7 ,battery material processing grants 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,fossil ,energy a program1 to be known as the ,battery ,material ,processing ,grant ,program 7referred to in this subsection as the program71 under which the ,secretary shall award grants in accordance with this subsection4 7#b7 ,purposes ,the purposes of the program are-- 7,a7 to ensure that the ,united ,states has a viable battery materials processing industry to supply the ,north ,american battery supply chain2 7,b7 to expand the capabilities of the ,united ,states in advanced battery manufacturing2 7,c7 to enhance national security by reducing the reliance of the ,united ,states on foreign competitors for critical materials and technologies2 and 7,d7 to enhance the domestic processing capacity of minerals necessary for battery materials and advanced batteries4 7#c7 ,grants 7,a7 ,in general ,under the program1 the ,secretary shall award grants to eligible entities-- 7i7 to carry out #a or more demonstration projects in the ,united ,states for the processing of battery materials2 7ii7 to construct #a or more new commercial-scale battery material processing facilities in the ,united ,states2 and 7iii7 to retool1 retrofit1 or expand #a or more existing battery material processing facilities located in the ,united ,states and determined qualified by the ,secretary4 7,b7 ,amount limitation ,the amount of a grant awarded under the program shall be not less than-- 7i7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77i72 7ii7 #ajj1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77ii72 and 7iii7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77iii74 7,c7 ,priority2 consideration ,in awarding grants to eligible entities under the program1 the ,secretary shall-- 7i7 give priority to an eligible entity that-- 7,i7 is located and operates in the ,united ,states2 7,,ii7 is owned by a ,united ,states entity2 7,,iii7 deploys ,north ,american-owned intellectual property and content2 7,,iv7 represents consortia or industry partnerships2 and 7,v7 will not use battery material supplied by or originating from a foreign entity of concern2 and 7ii7 take into consideration whether a project-- 7,i7 provides workforce opportunities in low- and moderate-income communities2 7,,ii7 encourages partnership with universities and laboratories to spur innovation and drive down costs2 7,,iii7 partners with ,indian ,tribes2 and 7,,iv7 takes into account-- 7aa7 greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process2 and 7bb7 supply chain logistics4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #c1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 7c7 ,battery manufacturing and recycling grants 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish within the ,office of ,energy ,efficiency and ,renewable ,energy a battery manufacturing and recycling grant program 7referred to in this subsection as the program74 7#b7 ,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 chain4 7#c7 ,grants 7,a7 ,in general ,under the program1 the ,secretary shall award grants to eligible entities-- 7i7 to carry out #a or more demonstration projects for advanced battery component manufacturing1 advanced battery manufacturing1 and recycling2 7ii7 to construct #a or more new commercial-scale advanced battery component manufacturing1 advanced battery manufacturing1 or recycling facilities in the ,united ,states2 and 7iii7 to retool1 retrofit1 or expand #a or more existing facilities located in the ,united ,states and determined qualified by the ,secretary for advanced battery component manufacturing1 advanced battery manufacturing1 and recycling4 7,b7 ,amount limitation ,the amount of a grant awarded under the program shall be not less than-- 7i7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77i72 7ii7 #ajj1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77ii72 and 7iii7 #ej1jjj1jjj for an eligible entity carrying out #a or more projects described in subparagraph 7,a77iii74 7,c7 ,priority2 consideration ,in awarding grants to eligible entities under the program1 the ,secretary shall-- 7i7 give priority to an eligible entity that-- 7,i7 is located and operates in the ,united ,states2 7,,ii7 is owned by a ,united ,states entity2 7,,iii7 deploys ,north ,american-owned intellectual property and content2 7,,iv7 represents consortia or industry partnerships2 and 7,v7 7aa7 if the eligible entity will use the grant for advanced battery component manufacturing1 will not use battery material supplied by or originating from a foreign entity of concern2 or 7bb7 if the eligible entity will use the grant for battery recycling1 will not export recovered critical materials to a foreign entity of concern2 and 7ii7 take into consideration whether a project-- 7,i7 provides workforce opportunities in low- and moderate-income or rural communities2 7,,ii7 provides workforce opportunities in communities that have lost jobs due to the displacements of fossil energy jobs2 7,,iii7 encourages partnership with universities and laboratories to spur innovation and drive down costs2 7,,iv7 partners with ,indian ,tribes2 7,v7 takes into account-- 7aa7 greenhouse gas emissions reductions and energy efficient battery material processing opportunities throughout the manufacturing process2 and 7bb7 supply chain logistics2 and 7,,vi7 utilizes feedstock produced in the ,united ,states4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #c1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 7d7 ,reporting requirements ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the grant programs established under subsections 7b7 and 7c71 including1 with respect to each grant program1 a description of-- 7#a7 the number of grant applications received2 7#b7 the number of grants awarded and the amount of each award2 7#c7 the purpose and status of each project carried out using a grant2 and 7#d7 any other information the ,secretary determines necessary4 7e7 ,lithium-,ion ,battery ,recycling ,prize ,competition 7#a7 ,in general ,the ,secretary shall continue to carry out the ,lithium-,ion ,battery ,recycling ,prize ,competition of the ,department established pursuant to section #bd of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgai7 7referred to in this subsection as the competition74 7#b7 ,authorization of appropriations for pilot projects 7,a7 ,in general ,there is authorized to be appropriated to the ,secretary to carry out ,phase ,,iii of the competition1 #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7,b7 ,use of funds ,the ,secretary may use amounts made available under subparagraph 7,a7-- 7i7 to increase the number of winners of ,phase ,,iii of the competition2 7ii7 to increase the amount awarded to each winner of ,phase ,,iii of the competition2 and 7iii7 to carry out any other activity that is consistent with the goals of ,phase ,,iii of the competition1 as determined by the ,secretary4 7f7 ,battery and critical mineral recycling 7#a7 ,definitions ,in this subsection3 7,a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7,b7 ,battery ,the term battery means a device that-- 7i7 consists of #a or more electrochemical cells that are electrically connected2 and 7ii7 is designed to store and deliver electric energy4 7,c7 ,battery producer ,the term battery producer means1 with respect to a covered battery or covered battery-containing product that is sold1 offered for sale1 or distributed for sale in the ,united ,states1 including through retail1 wholesale1 business-to-business1 and online sale1 the following applicable entity3 7i7 ,a person who-- 7,i7 manufactures the covered battery or covered battery-containing product2 and 7,,ii7 sells or offers for sale the covered battery or covered battery-containing product under the brand of that person4 7ii7 ,if there is no person described in clause 7i7 with respect to the covered battery or covered battery-containing product1 the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold1 offered for sale1 or distributed1 regardless of whether the trademark of the brand is registered4 7iii7 ,if there is no person described in clause 7i7 or 7ii7 with respect to the covered battery or covered battery-containing product1 a person that imports the covered battery or covered battery-containing product into the ,united ,states for sale or distribution4 7,d7 ,covered battery ,the term covered battery means a new or unused primary battery or rechargeable battery4 7,e7 ,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 battery4 7,f7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7,g7 ,primary battery ,the term primary battery means a nonrechargeable battery that weighs not more than #d4d pounds1 including an alkaline1 carbon-zinc1 and lithium metal battery4 7,h7 ,rechargeable battery 7i7 ,in general ,the term rechargeable battery means a battery that-- 7,i7 contains #a or more voltaic or galvanic cells that are electrically connected to produce electric energy2 7,,ii7 is designed to be recharged2 7,,iii7 weighs not more than #aa pounds2 and 7,,iv7 has a watt-hour rating of not more than #cjj watt-hours4 7ii7 ,exclusions ,the term rechargeable battery does not include a battery that-- 7,i7 contains electrolyte as a free liquid2 or 7,,ii7 employs lead-acid technology1 unless that battery is sealed and does not contain electrolyte as a free liquid4 7,i7 ,recycling ,the term recycling means the series of activities-- 7i7 during which recyclable materials are processed into specification-grade commodities1 and consumed as raw-material feedstock1 in lieu of virgin materials1 in the manufacturing of new products2 7ii7 that may include collection1 processing1 and brokering2 and 7iii7 that result in subsequent consumption by a materials manufacturer1 including for the manufacturing of new products4 7#b7 ,battery recycling research1 development1 and demonstration grants 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall award multiyear grants to eligible entities for research1 development1 and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries1 including by addressing-- 7i7 recycling activities2 7ii7 the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling1 reuse1 recovery1 and recycling of battery components and materials2 7iii7 strategies to increase consumer acceptance of1 and participation in1 the recycling of batteries2 7iv7 the extraction or recovery of critical minerals from batteries that are recycled2 7v7 the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals2 7vi7 safe disposal of waste materials and components recovered during the recycling process2 7vii7 the protection of the health and safety of all persons involved in1 or in proximity to1 recycling and reprocessing activities1 including communities located near recycling and materials reprocessing facilities2 7viii7 mitigation of environmental impacts that arise from recycling batteries1 including disposal of toxic reagents and byproducts related to recycling processes2 7ix7 protection of data privacy associated with collected covered battery-containing products2 7x7 the optimization of the value of material derived from recycling batteries2 and 7xi7 the cost-effectiveness and benefits of the reuse and recycling of batteries and critical minerals4 7,b7 ,eligible entities ,the ,secretary1 in coordination with the ,administrator1 may award a grant under subparagraph 7,a7 to-- 7i7 an institution of higher education2 7ii7 a ,national ,laboratory2 7iii7 a ,federal research agency2 7iv7 a ,state research agency2 7v7 a nonprofit organization2 7vi7 an industrial entity2 7vii7 a manufacturing entity2 7viii7 a private battery-collection entity2 7ix7 an entity operating #a or more battery recycling activities2 7x7 a ,state or municipal government entity2 7xi7 a battery producer2 7xii7 a battery retailer2 or 7xiii7 a consortium of #b or more entities described in clauses 7i7 through 7xii74 7,c7 ,applications 7i7 ,in general ,to be eligible to receive a grant under subparagraph 7,a71 an eligible entity described in subparagraph 7,b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7ii7 ,contents ,an application submitted under clause 7i7 shall describe how the project will promote collaboration among-- 7,i7 battery producers and manufacturers2 7,,ii7 battery material and equipment manufacturers2 7,,iii7 battery recyclers1 collectors1 and refiners2 and 7,,iv7 retailers4 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #fj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#c7 ,state and local programs 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall establish a program under which the ,secretary shall award grants1 on a competitive basis1 to ,states and units of local government to assist in the establishment or enhancement of ,state battery collection1 recycling1 and reprocessing programs4 7,b7 ,non-federal cost share ,the non-,federal share of the cost of a project carried out using a grant under this paragraph shall be #ej percent of the cost of the project4 7,c7 ,report ,not later than #b years after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to ,congress a report that describes the number of battery collection points established or enhanced1 an estimate of jobs created1 and the quantity of material collected as a result of the grants awarded under subparagraph 7,a74 7,d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#d7 ,retailers as collection points 7,a7 ,in general ,the ,secretary shall award grants1 on a competitive basis1 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 products1 as applicable1 for reuse1 recycling1 or proper disposal4 7,b7 ,collection system ,a system described in subparagraph 7,a7 shall include take-back of covered batteries-- 7i7 at no cost to the consumer2 and 7ii7 on a regular1 convenient1 and accessible basis4 7,c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this paragraph #ae1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#e7 ,task force on producer responsibilities 7,a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 shall convene a task force to develop an extended battery producer responsibility framework that-- 7i7 addresses battery recycling goals1 cost structures for mandatory recycling1 reporting requirements1 product design1 collection models1 and transportation of collected materials2 7ii7 provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework2 and 7iii7 outlines regulatory pathways for effective recycling4 7,b7 ,task force members ,members of the task force convened under subparagraph 7,a7 shall include-- 7i7 battery producers1 manufacturers1 retailers1 recyclers1 and collectors or processors2 7ii7 ,states and municipalities2 and 7iii7 other relevant stakeholders1 such as environmental1 energy1 or consumer organizations1 as determined by the ,secretary4 7,c7 ,report ,not later than #a year after the date on which the ,secretary1 in coordination with ,administrator1 convenes the task force under subparagraph 7,a71 the ,secretary shall submit to ,congress a report that-- 7i7 describes the extended producer responsibility framework developed by the task force2 7ii7 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 batteries2 and 7iii7 suggests regulatory pathways for effective recycling4 7#f7 ,effect on mercury-containing and rechargeable battery management act ,nothing in this subsection1 or any regulation1 guideline1 framework1 or policy adopted or promulgated pursuant to this subsection1 shall modify or otherwise affect the provisions of the ,mercury-,containing and ,rechargeable ,battery ,management ,act 7#db ,u4,s4,c4 #adcja et seq474 #djbjh4 ,electric drive vehicle battery recycling and second-life applications program ,section #fda of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbca7 is amended-- 7#a7 by striking subsection 7k7 and inserting the following3 7k7 ,electric drive vehicle battery second-,life applications and recycling 7#a7 ,definitions ,in this subsection3 7,a7 ,battery recycling and second-life applications program ,the term battery recycling and second-life applications program means the electric drive vehicle battery recycling and second-life applications program established under paragraph 7#c74 7,b7 ,critical material ,the term critical material has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7,c7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7,d7 ,electric drive vehicle battery ,the term electric drive vehicle battery means any battery that is a motive power source for an electric drive vehicle4 7,e7 ,eligible entity ,the term eligible entity means an entity described in any of paragraphs 7#a7 through 7#e7 of section #ihi7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcec7;b774 7#b7 ,program ,the ,secretary shall carry out a program of research1 development1 and demonstration of-- 7,a7 second-life applications for electric drive vehicle batteries that have been used to power electric drive vehicles2 and 7,b7 technologies and processes for final recycling and disposal of the devices described in subparagraph 7,a74 7#c7 ,electric drive vehicle battery recycling and second-life applications 7,a7 ,in general ,in carrying out the program under paragraph 7#b71 the ,secretary shall establish an electric drive vehicle battery recycling and second-life applications program under which the ,secretary shall-- 7i7 award grants under subparagraph 7,d72 and 7ii7 carry out other activities in accordance with this paragraph4 7,b7 ,purposes ,the purposes of the battery recycling and second-life applications program are the following3 7i7 ,to improve the recycling rates and second-use adoption rates of electric drive vehicle batteries4 7ii7 ,to optimize the design and adaptability of electric drive vehicle batteries to make electric drive vehicle batteries more easily recyclable4 7iii7 ,to establish alternative supply chains for critical materials that are found in electric drive vehicle batteries4 7iv7 ,to reduce the cost of manufacturing1 installation1 purchase1 operation1 and maintenance of electric drive vehicle batteries4 7v7 ,to improve the environmental impact of electric drive vehicle battery recycling processes4 7,c7 ,targets ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall address near-term 7up to #b years71 mid-term 7up to #e years71 and long-term 7up to #aj years7 challenges to the recycling of electric drive vehicle batteries4 7,d7 ,grants 7i7 ,in general ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall award multiyear grants on a competitive1 merit-reviewed basis to eligible entities-- 7,i7 to conduct research1 development1 testing1 and evaluation of solutions to increase the rate and productivity of electric drive vehicle battery recycling2 and 7,,ii7 for research1 development1 and demonstration projects to create innovative and practical approaches to increase the recycling and second-use of electric drive vehicle batteries1 including by addressing-- 7aa7 technology to increase the efficiency of electric drive vehicle battery recycling and maximize the recovery of critical materials for use in new products2 7bb7 expanded uses for critical materials recovered from electric drive vehicle batteries2 7cc7 product design and construction to facilitate the disassembly and recycling of electric drive vehicle batteries2 7dd7 product design and construction and other tools and techniques to extend the lifecycle of electric drive vehicle batteries1 including methods to promote the safe second-use of electric drive vehicle batteries2 7ee7 strategies to increase consumer acceptance of1 and participation in1 the recycling of electric drive vehicle batteries2 7ff7 improvements and changes to electric drive vehicle battery chemistries that include ways to decrease processing costs for battery recycling without sacrificing front-end performance2 7gg7 second-use of electric drive vehicle batteries1 including in applications outside of the automotive industry2 and 7hh7 the commercialization and scale-up of electric drive vehicle battery recycling technologies4 7ii7 ,priority ,in awarding grants under clause 7i71 the ,secretary shall give priority to projects that-- 7,i7 are located in geographically diverse regions of the ,united ,states2 7,,ii7 include business commercialization plans that have the potential for the recycling of electric drive vehicle batteries at high volumes2 7,,iii7 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 sector2 7,,iv7 provide the greatest potential to reduce costs for consumers and promote accessibility and community implementation of demonstrated technologies2 7,v7 increase disclosure and transparency of information to consumers2 7,,vi7 support the development or demonstration of projects in economically distressed areas2 and 7,,vii7 support other relevant priorities1 as determined to be appropriate by the ,secretary4 7iii7 ,solicitation ,not later than #ij days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 and annually thereafter1 the ,secretary shall conduct a national solicitation for applications for grants described in clause 7i74 7iv7 ,dissemination of results ,the ,secretary shall publish the results of the projects carried out through grants awarded under clause 7i7 through-- 7,i7 best practices relating to those grants1 for use in the electric drive vehicle battery manufacturing1 design1 installation1 refurbishing1 or recycling industries2 7,,ii7 coordination with information dissemination programs relating to general recycling of electronic devices2 and 7,,iii7 educational materials for the public1 produced in conjunction with ,state and local governments or nonprofit organizations1 on the problems and solutions relating to the recycling and second-life applications of electric drive vehicle batteries4 7,e7 ,coordination with other programs of the ,department ,in carrying out the battery recycling and second-life applications program1 the ,secretary shall coordinate and leverage the resources of complementary efforts of the ,department4 7,f7 ,study and report 7i7 ,study ,the ,secretary shall conduct a study on the viable market opportunities available for the recycling1 second-use1 and manufacturing of electric drive vehicle batteries in the ,united ,states4 7ii7 ,report ,not later than #a year after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate1 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives1 and any other relevant committee of ,congress a report containing the results of the study under clause 7i71 including a description of-- 7,i7 the ability of relevant businesses or other entities to competitively manufacture electric drive vehicle batteries and recycle electric drive vehicle batteries in the ,united ,states2 7,,ii7 any existing electric drive vehicle battery recycling and second-use practices and plans of electric drive vehicle manufacturing companies in the ,united ,states2 7,,iii7 any barriers to electric drive vehicle battery recycling in the ,united ,states2 7,,iv7 opportunities and barriers in electric drive vehicle battery supply chains in the ,united ,states and internationally1 including with allies and trading partners2 7,v7 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 ,states2 7,,vi7 policy recommendations for enhancing electric drive vehicle battery manufacturing and recycling in the ,united ,states2 7,,vii7 any recommendations for lowering logistics costs and creating better coordination and efficiency with respect to the removal1 collection1 transportation1 storage1 and disassembly of electric drive vehicle batteries2 7,,viii7 any recommendations for areas of coordination with other ,federal agencies to improve electric drive vehicle battery recycling rates in the ,united ,states2 7,,ix7 an aggressive #b-year target and plan1 the implementation of which shall begin during the #ij-;day period beginning on the date on which the report is submitted1 to enhance the competitiveness of electric drive vehicle battery manufacturing and recycling in the ,united ,states2 and 7,x7 needs for future research1 development1 and demonstration projects in electric drive vehicle battery manufacturing1 recycling1 and related areas1 as determined by the ,secretary4 7,g7 ,evaluation ,not later than #c years after the date on which the report under subparagraph 7,f77ii7 is submitted1 and every #d years thereafter1 the ,secretary shall conduct1 and make available to the public and the relevant committees of ,congress1 an independent review of the progress of the grants awarded under subparagraph 7,d7 in meeting the recommendations and targets included in the report4 2 and 7#b7 in subsection 7p71 by striking paragraph 7#f7 and inserting the following3 7#f7 the electric drive vehicle battery recycling and second-life applications program under subsection 7k7 #bjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #djbji4 ,advanced energy manufacturing and recycling grant program 7a7 ,definitions ,in this section3 7#a7 ,advanced energy property ,the term advanced energy property means-- 7,a7 property designed to be used to produce energy from the sun1 water1 wind1 geothermal or hydrothermal 7as those terms are defined in section #fab of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaia77 resources1 enhanced geothermal systems 7as defined in that section71 or other renewable resources2 7,b7 fuel cells1 microturbines1 or energy storage systems and components2 7,c7 electric grid modernization equipment or components2 7,d7 property designed to capture1 remove1 use1 or sequester carbon oxide emissions2 7,e7 equipment designed to refine1 electrolyze1 or blend any fuel1 chemical1 or product that is-- 7i7 renewable2 or 7ii7 low-carbon and low-emission2 7,f7 property designed to produce energy conservation technologies 7including for residential1 commercial1 and industrial applications72 7,g7 7i7 light-1 medium-1 or heavy-duty electric or fuel cell vehicles1 electric or fuel cell locomotives1 electric or fuel cell maritime vessels1 or electric or fuel cell planes2 7ii7 technologies1 components1 and materials of those vehicles1 locomotives1 maritime vessels1 or planes2 and 7iii7 charging or refueling infrastructure associated with those vehicles1 locomotives1 maritime vessels1 or planes2 7,h7 7i7 hybrid vehicles with a gross vehicle weight rating of not less than #ad1jjj pounds2 and 7ii7 technologies1 components1 and materials for those vehicles2 and 7,i7 other advanced energy property designed to reduce greenhouse gas emissions1 as may be determined by the ,secretary4 7#b7 ,covered census tract ,the term covered census tract means a census tract-- 7,a7 in which1 after ,december #ca1 #aiii1 a coal mine had closed2 7,b7 in which1 after ,december #ca1 #bjji1 a coal-fired electricity generating unit had been retired2 or 7,c7 that is immediately adjacent to a census tract described in subparagraph 7,a7 or 7,b74 7#c7 ,eligible entity ,the term eligible entity means a manufacturing firm-- 7,a7 the gross annual sales of which are less than #ajj1jjj1jjj2 7,b7 that has fewer than #ejj employees at the plant site of the manufacturing firm2 and 7,c7 the annual energy bills of which total more than #ajj1jjj but less than #b1ejj1jjj4 7#d7 ,minority-owned ,the term minority-owned1 with respect to an eligible entity1 means an eligible entity not less than #ea percent of which is owned by #a or more individuals who are-- 7,a7 citizens of the ,united ,states2 and 7,b7 ,asian ,american1 ,native ,hawaiian1 ,pacific ,islander1 ,african ,american1 ,hispanic1 ,puerto ,rican1 ,native ,american1 or ,alaska ,native4 7#e7 ,program ,the term ,program means the grant program established under subsection 7b74 7#f7 ,qualifying advanced energy project ,the term qualifying advanced energy project means a project that-- 7,a7 7i7 re-equips1 expands1 or establishes a manufacturing or recycling facility for the production or recycling1 as applicable1 of advanced energy property2 or 7ii7 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 practices1 as determined by the ,secretary1 through the installation of-- 7,i7 low- or zero-carbon process heat systems2 7,,ii7 carbon capture1 transport1 utilization1 and storage systems2 7,,iii7 technology relating to energy efficiency and reduction in waste from industrial processes2 or 7,,iv7 any other industrial technology that significantly reduces greenhouse gas emissions1 as determined by the ,secretary2 7,b7 has a reasonable expectation of commercial viability1 as determined by the ,secretary2 and 7,c7 is located in a covered census tract4 7b7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall establish a program to award grants to eligible entities to carry out qualifying advanced energy projects4 7c7 ,applications 7#a7 ,in general ,each eligible entity seeking a grant under the ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a description of the proposed qualifying advanced energy project to be carried out using the grant4 7#b7 ,selection criteria 7,a7 ,projects ,in selecting eligible entities to receive grants under the ,program1 the ,secretary shall1 with respect to the qualifying advanced energy projects proposed by the eligible entities1 give higher priority to projects that-- 7i7 will provide higher net impact in avoiding or reducing anthropogenic emissions of greenhouse gases2 7ii7 will result in a higher level of domestic job creation 7both direct and indirect7 during the lifetime of the project2 7iii7 will result in a higher level of job creation in the vicinity of the project1 particularly with respect to-- 7,i7 low-income communities 7as described in section #de;,d7e7 of the ,internal ,revenue ,code of #aihf72 and 7,,ii7 dislocated workers who were previously employed in manufacturing1 coal power plants1 or coal mining2 7iv7 have higher potential for technological innovation and commercial deployment2 7v7 have a lower levelized cost of-- 7,i7 generated or stored energy2 or 7,,ii7 measured reduction in energy consumption or greenhouse gas emission 7based on costs of the full supply chain72 and 7vi7 have a shorter project time4 7,b7 ,eligible entities ,in selecting eligible entities to receive grants under the ,program1 the ,secretary shall give priority to eligible entities that are minority-owned4 7d7 ,project completion and location2 return of unobligated funds 7#a7 ,completion2 return of unobligated funds ,an eligible entity that receives a grant under the ,program shall be required-- 7,a7 to complete the qualifying advanced energy project funded by the grant not later than #c years after the date of receipt of the grant funds2 and 7,b7 to return to the ,secretary any grant funds that remain unobligated at the end of that #c-year period4 7#b7 ,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 grant1 the eligible entity shall be required to return the grant funds to the ,secretary4 7e7 ,technical ,assistance 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 7c77#b77;,a74 7#b7 ,applications ,an eligible entity desiring technical assistance under paragraph 7#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#c7 ,factors for consideration ,in selecting eligible entities for technical assistance under paragraph 7#a71 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 7c77#b77;,a74 7f7 ,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 grant4 7g7 ,report ,not later than #d years after the date of enactment this ,act1 the ,secretary shall-- 7#a7 review the grants awarded under the ,program2 and 7#b7 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 grants4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the ,program #gej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djbaj4 ,critical minerals mining and recycling research 7a7 ,definitions ,in this section3 7#a7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#b7 ,critical minerals and metals ,the term critical minerals and metals includes any host mineral of a critical mineral4 7#c7 ,director ,the term ,director means the ,director of the ,foundation4 7#d7 ,end-to-end ,the term end-to-end1 with respect to the integration of mining or life cycle of minerals1 means the integrated approach of1 or the lifecycle determined by1 examining the research and developmental process from the mining of the raw minerals to its processing into useful materials1 its integration into components and devices1 the utilization of such devices in the end-use application to satisfy certain performance metrics1 and the recycling or disposal of such devices4 7#e7 ,foreign entity of concern ,the term foreign entity of concern means a foreign entity that is-- 7,a7 designated as a foreign terrorist organization by the ,secretary of ,state under section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a772 7,b7 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 7commonly known as the ,,sdn list72 7,c7 owned by1 controlled by1 or subject to the jurisdiction or direction of a government of a foreign country that is a covered nation 7as defined in section #becc;c7d7 of title #aj1 ,united ,states ,code72 7,d7 alleged by the ,attorney ,general to have been involved in activities for which a conviction was obtained under-- 7i7 chapter #cg of title #ah1 ,united ,states ,code 7commonly known as the ,espionage ,act72 7ii7 section #iea or #ajcj of title #ah1 ,united ,states ,code2 7iii7 chapter #ij of title #ah1 ,united ,states ,code 7commonly known as the ,economic ,espionage ,act of #aiif72 7iv7 the ,arms ,export ,control ,act 7#bb ,u4,s4,c4 #bgea et seq472 7v7 section #bbd1 #bbe1 #bbf1 #bbg1 or #bcf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbgd1 #bbge1 #bbgf1 #bbgg1 and #bbhd72 7vi7 the ,export ,control ,reform ,act of #bjah 7#ej ,u4,s4,c4 #dhja et seq472 or 7vii7 the ,international ,emergency ,economic ,powers ,act 7#ej ,u4,s4,c4 #agja et seq472 or 7,e7 determined by the ,secretary of ,commerce1 in consultation with the ,secretary of ,defense and the ,director of ,national ,intelligence1 to be engaged in unauthorized conduct that is detrimental to the national security or foreign policy of the ,united ,states4 7#f7 ,foundation ,the term ,foundation means the ,national ,science ,foundation4 7#g7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#h7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#i7 ,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 completely4 7#aj7 ,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 process1 including from mine waste piles1 acid mine drainage sludge1 or byproducts produced through legacy mining and metallurgy activities4 7b7 ,critical minerals mining and recycling research and development 7#a7 ,in general ,in order to support supply chain resiliency1 the ,secretary1 in coordination with the ,director1 shall issue awards1 on a competitive basis1 to eligible entities described in paragraph 7#b7 to support basic research that will accelerate innovation to advance critical minerals mining1 recycling1 and reclamation strategies and technologies for the purposes of-- 7,a7 making better use of domestic resources2 and 7,b7 eliminating national reliance on minerals and mineral materials that are subject to supply disruptions4 7#b7 ,eligible entities ,entities eligible to receive an award under paragraph 7#a7 are the following3 7,a7 ,institutions of higher education4 7,b7 ,national ,laboratories4 7,c7 ,nonprofit organizations4 7,d7 ,consortia of entities described in subparagraphs 7,a7 through 7,c71 including consortia that collaborate with private industry4 7#c7 ,use of funds ,activities funded by an award under this section may include-- 7,a7 advancing mining research and development activities to develop new mapping and mining technologies and techniques1 including advanced critical mineral extraction and production-- 7i7 to improve existing1 or to develop new1 supply chains of critical minerals2 and 7ii7 to yield more efficient1 economical1 and environmentally benign mining practices2 7,b7 advancing critical mineral processing research activities to improve separation1 alloying1 manufacturing1 or recycling techniques and technologies that can decrease the energy intensity1 waste1 potential environmental impact1 and costs of those activities2 7,c7 advancing research and development of critical minerals mining and recycling technologies that take into account the potential end-uses and disposal of critical minerals1 in order to improve end-to-end integration of mining and technological applications2 7,d7 conducting long-term earth observation of reclaimed mine sites1 including the study of the evolution of microbial diversity at those sites2 7,e7 examining the application of artificial intelligence for geological exploration of critical minerals1 including what size and diversity of data sets would be required2 7,f7 examining the application of machine learning for detection and sorting of critical minerals1 including what size and diversity of data sets would be required2 7,g7 conducting detailed isotope studies of critical minerals and the development of more refined geologic models2 or 7,h7 providing training and research opportunities to undergraduate and graduate students to prepare the next generation of mining engineers and researchers4 7c7 ,critical ,minerals ,interagency ,subcommittee 7#a7 ,in general ,in order to support supply chain resiliency1 the ,critical ,minerals ,subcommittee of the ,national ,science and ,technology ,council 7referred to in this subsection as the ,subcommittee7 shall coordinate ,federal science and technology efforts to ensure secure and reliable supplies of critical minerals to the ,united ,states4 7#b7 ,purposes ,the purposes of the ,subcommittee shall be-- 7,a7 to advise and assist the ,national ,science and ,technology ,council1 including the ,committee on ,homeland and ,national ,security of the ,national ,science and ,technology ,council1 on ,united ,states policies1 procedures1 and plans relating to critical minerals1 including-- 7i7 ,federal research1 development1 and deployment efforts to optimize methods for extractions1 concentration1 separation1 and purification of conventional1 secondary1 and unconventional sources of critical minerals1 including research that prioritizes end-to-end integration of mining and recycling techniques and the end-use target for critical minerals2 7ii7 efficient use and reuse of critical minerals1 including recycling technologies for critical minerals and the reclamation of critical minerals from components1 such as spent batteries2 7iii7 addressing the technology transitions between research or lab-scale mining and recycling and commercialization of these technologies2 7iv7 the critical minerals workforce of the ,united ,states2 and 7v7 ,united ,states private industry investments in innovation and technology transfer from federally funded science and technology2 7,b7 to identify emerging opportunities1 stimulate international cooperation1 and foster the development of secure and reliable supply chains of critical minerals1 including activities relating to the reuse of critical minerals via recycling2 7,c7 to ensure the transparency of information and data related to critical minerals2 and 7,d7 to provide recommendations on coordination and collaboration among the research1 development1 and deployment programs and activities of ,federal agencies to promote a secure and reliable supply of critical minerals necessary to maintain national security1 economic well-being1 and industrial production4 7#c7 ,responsibilities ,in carrying out paragraphs 7#a7 and 7#b71 the ,subcommittee may1 taking into account the findings and recommendations of relevant advisory committees-- 7,a7 provide recommendations on how ,federal agencies may improve the topographic1 geologic1 and geophysical mapping of the ,united ,states and improve the discoverability1 accessibility1 and usability of the resulting and existing data1 to the extent permitted by law and subject to appropriate limitation for purposes of privacy and security2 7,b7 assess the progress toward developing critical minerals recycling and reprocessing technologies2 7,c7 assess the end-to-end lifecycle of critical minerals1 including for mining1 usage1 recycling1 and end-use material and technology requirements2 7,d7 examine1 and provide recommendations for1 options for accessing and developing critical minerals through investment and trade with allies and partners of the ,united ,states2 7,e7 evaluate and provide recommendations to incentivize the development and use of advances in science and technology in the private industry2 7,f7 assess the need for1 and make recommendations to address1 the challenges the ,united ,states critical minerals supply chain workforce faces1 including-- 7i7 aging and retiring personnel and faculty2 7ii7 public perceptions about the nature of mining and mineral processing2 and 7iii7 foreign competition for ,united ,states talent2 7,g7 develop1 and update as necessary1 a strategic plan to guide ,federal programs and activities to enhance-- 7i7 scientific and technical capabilities across critical mineral supply chains1 including a roadmap that identifies key research and development needs and coordinates ongoing activities for source diversification1 more efficient use1 recycling1 and substitution for critical minerals2 and 7ii7 cross-cutting mining science1 data science techniques1 materials science1 manufacturing science and engineering1 computational modeling1 and environmental health and safety research and development2 and 7,h7 report to the appropriate committees of ,congress on activities and findings under this subsection4 7#d7 ,mandatory responsibilities ,in carrying out paragraphs 7#a7 and 7#b71 the ,subcommittee shall1 taking into account the findings and recommendations of relevant advisory committees1 identify and evaluate ,federal policies and regulations that restrict the mining of critical minerals4 7d7 ,grant program for processing of critical minerals and development of critical minerals and metals 7#a7 ,establishment ,the ,secretary1 in consultation with the ,director1 the ,secretary of the ,interior1 and the ,secretary of ,commerce1 shall establish a grant program to finance pilot projects for-- 7,a7 the processing or recycling of critical minerals in the ,united ,states2 or 7,b7 the development of critical minerals and metals in the ,united ,states 7#b7 ,limitation on grant awards ,a grant awarded under paragraph 7#a7 may not exceed #aj1jjj1jjj4 7#c7 ,economic viability ,in awarding grants under paragraph 7#a71 the ,secretary shall give priority to projects that the ,secretary determines are likely to be economically viable over the long term4 7#d7 ,secondary recovery ,in awarding grants under paragraph 7#a71 the ,secretary shall seek to award not less than #cj percent of the total amount of grants awarded during the fiscal year for projects relating to secondary recovery of critical minerals and metals4 7#e7 ,domestic priority ,in awarding grants for the development of critical minerals and metals under paragraph 7#a77;,b71 the ,secretary shall prioritize pilot projects that will process the critical minerals and metals domestically4 7#f7 ,prohibition on processing by foreign entity of concern ,in awarding grants under paragraph 7#a71 the ,secretary shall ensure that pilot projects do not export for processing any critical minerals and metals to a foreign entity of concern4 7#g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the grant program established under paragraph 7#a7 #ajj1jjj1jjj for each of fiscal years #bjba through #bjbd4 #djbaa4 #bast ,century ,energy ,workforce ,advisory ,board 7a7 ,establishment ,the ,secretary shall establish a board1 to be known as the #bast ,century ,energy ,workforce ,advisory ,board1 to develop a strategy for the ,department that1 with respect to the role of the ,department in the support and development of a skilled energy workforce-- 7#a7 meets the current and future industry and labor needs of the energy sector2 7#b7 provides opportunities for students to become qualified for placement in traditional energy sector and emerging energy sector jobs2 7#c7 identifies areas in which the ,department can effectively utilize the technical expertise of the ,department to support the workforce activities of other ,federal agencies2 7#d7 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 priorities2 7#e7 develops plans to support and retrain displaced and unemployed energy sector workers2 and 7#f7 prioritizes education and job training for underrepresented groups1 including racial and ethnic minorities1 ,indian ,tribes1 women1 veterans1 and socioeconomically disadvantaged individuals4 7b7 ,membership 7#a7 ,in general ,the ,board shall be composed of not fewer than #aj and not more than #ae members1 with the initial members of the ,board to be appointed by the ,secretary not later than #a year after the date of enactment of this ,act4 7#b7 ,requirement ,the ,board shall include not fewer than #a representative of a labor organization with significant energy experience who has been nominated by a national labor federation4 7#c7 ,qualifications ,each individual appointed to the ,board under paragraph 7#a7 shall have expertise in-- 7,a7 the field of economics or workforce development2 7,b7 relevant traditional energy industries or emerging energy industries1 including energy efficiency2 7,c7 secondary or postsecondary education2 7,d7 energy workforce development or apprenticeship programs of ,states or units of local government2 7,e7 relevant organized labor organizations2 or 7,f7 bringing underrepresented groups1 including racial and ethnic minorities1 women1 veterans1 and socioeconomically disadvantaged individuals1 into the workforce4 7c7 ,advisory board review and recommendations 7#a7 ,determination by board ,in developing the strategy required under subsection 7a71 the ,board shall-- 7,a7 determine whether there are opportunities to more effectively and efficiently use the capabilities of the ,department in the development of a skilled energy workforce2 7,b7 identify ways in which the ,department could work with other relevant ,federal agencies1 ,states1 units of local government1 institutions of higher education1 labor organizations1 ,indian ,tribes and tribal organizations1 and industry in the development of a skilled energy workforce1 subject to applicable law2 7,c7 identify ways in which the ,department and ,national ,laboratories can-- 7i7 increase outreach to minority-serving institutions2 and 7ii7 make resources available to increase the number of skilled minorities and women trained to go into the energy and energy-related manufacturing sectors2 7iii7 increase outreach to displaced and unemployed energy sector workers2 and 7iv7 make resources available to provide training to displaced and unemployed energy sector workers to reenter the energy workforce2 and 7,d7 7i7 identify the energy sectors in greatest need of workforce training2 and 7ii7 in consultation with the ,secretary of ,labor1 develop recommendations for the skills necessary to develop a workforce trained to work in those energy sectors4 7#b7 ,required analysis ,in developing the strategy required under subsection 7a71 the ,board shall analyze the effectiveness of-- 7,a7 existing ,department-directed support2 and 7,b7 existing energy workforce training programs4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date on which the ,board is established under this section1 and biennially thereafter until the date on which the ,board is terminated under subsection 7f71 the ,board shall submit to the ,secretary a report containing1 with respect to the strategy required under subsection 7a7-- 7i7 the findings of the ,board2 and 7ii7 the proposed energy workforce strategy of the ,board4 7,b7 ,response of the ,secretary ,not later than #ij days after the date on which a report is submitted to the ,secretary under subparagraph 7,a71 the ,secretary shall-- 7i7 submit to the ,board a response to the report that-- 7,i7 describes whether the ,secretary approves or disapproves of each recommendation of the ,board under subparagraph 7,a72 and 7,,ii7 if the ,secretary approves of a recommendation1 provides an implementation plan for the recommendation2 and 7ii7 submit to ,congress-- 7,i7 the report of the ,board under subparagraph 7,a72 and 7,,ii7 the response of the ,secretary under clause 7i74 7,c7 ,public availability of report 7i7 ,in general ,the ,board shall make each report under subparagraph 7,a7 available to the public on the earlier of-- 7,i7 the date on which the ,board receives the response of the ,secretary under subparagraph 7,b77i72 and 7,,ii7 the date that is #ij days after the date on which the ,board submitted the report to the ,secretary4 7ii7 ,requirement ,if the ,board has received a response to a report from the ,secretary under subparagraph 7,b77i71 the ,board shall make that response publicly available with the applicable report4 7d7 ,report by the ,secretary ,not later than #ahj days before the date of expiration of a term of the ,board under subsection 7f71 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-- 7#a7 describes the effectiveness and accomplishments of the ,board during the applicable term2 7#b7 contains a determination of the ,secretary as to whether the ,board should be renewed2 and 7#c7 if the ,secretary determines that the ,board should be renewed1 any recommendations as to whether and how the scope and functions of the ,board should be modified4 7e7 ,outreach to minority-,serving institutions1 veterans1 and displaced and unemployed energy workers ,in developing the strategy under subsection 7a71 the ,board shall-- 7#a7 give special consideration to increasing outreach to minority-serving institutions1 veterans1 and displaced and unemployed energy workers2 7#b7 make resources available to-- 7,a7 minority-serving institutions1 with the objective of increasing the number of skilled minorities and women trained to go into the energy and manufacturing sectors2 7,b7 institutions that serve veterans1 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 industry2 and 7,c7 institutions that serve displaced and unemployed energy workers to increase the number of individuals trained for jobs in the energy industry2 7#c7 encourage the energy industry to improve the opportunities for students of minority-serving institutions1 veterans1 and displaced and unemployed energy workers to participate in internships1 preapprenticeships1 apprenticeships1 and cooperative work-study programs in the energy industry2 and 7#d7 work with the ,national ,laboratories to increase the participation of underrepresented groups1 veterans1 and displaced and unemployed energy workers in internships1 fellowships1 training programs1 and employment at the ,national ,laboratories4 7f7 ,term 7#a7 ,in general ,subject to paragraph 7#b71 the ,board shall terminate on ,september #cj1 #bjbf4 7#b7 ,extensions ,the ,secretary may renew the ,board for #a or more #e-year periods by submitting1 not later than the date described in subsection 7d71 a report described in that subsection that contains a determination by the ,secretary that the ,board should be renewed4 ,,iii ,fuels and technology infrastructure investments ,a ,carbon capture1 utilization1 storage1 and transportation infrastructure #djcja4 ,findings ,congress finds that-- 7#a7 the industrial sector is integral to the economy of the ,united ,states-- 7,a7 providing millions of jobs and essential products2 and 7,b7 demonstrating global leadership in manufacturing and innovation2 7#b7 carbon capture and storage technologies are necessary for reducing hard-to-abate emissions from the industrial sector1 which emits nearly #be percent of carbon dioxide emissions in the ,united ,states2 7#c7 carbon removal and storage technologies1 including direct air capture1 must be deployed at large-scale in the coming decades to remove carbon dioxide directly from the atmosphere2 7#d7 large-scale deployment of carbon capture1 removal1 utilization1 transport1 and storage-- 7,a7 is critical for achieving mid-century climate goals2 and 7,b7 will drive regional economic development1 technological innovation1 and high-wage employment2 7#e7 carbon capture1 removal1 and utilization technologies require a backbone system of shared carbon dioxide transport and storage infrastructure to enable large-scale deployment1 realize economies of scale1 and create an interconnected carbon management market2 7#f7 carbon dioxide transport infrastructure and permanent geological storage are proven and safe technologies with existing ,federal and ,state regulatory frameworks2 7#g7 carbon dioxide transport and storage infrastructure share similar barriers to deployment previously faced by other types of critical national infrastructure1 such as high capital costs and chicken-and-egg challenges1 that require ,federal and ,state support1 in combination with private investment1 to be overcome2 and 7#h7 each ,state should take into consideration1 with respect to new carbon dioxide transportation infrastructure-- 7,a7 qualifying the infrastructure as pollution control devices under applicable laws 7including regulations7 of the ,state2 and 7,b7 establishing a waiver of ad valorem and property taxes for the infrastructure for a period of not less than #aj years4 #djcjb4 ,carbon utilization program ,section #ifi;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;a7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#d7 and 7#e71 respectively2 and 7,b7 by inserting after paragraph 7#b7 the following3 7#c7 to develop or obtain1 in coordination with other applicable ,federal agencies and standard-setting organizations1 standards and certifications1 as appropriate1 to facilitate the commercialization of the products and technologies described in paragraph 7#b72 2 7#b7 in subsection 7b7-- 7,a7 by redesignating paragraph 7#b7 as paragraph 7#c72 7,b7 by inserting after paragraph 7#a7 the following3 7#b7 ,grant program 7,a7 ,in general ,not later than #a year after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall establish a program to provide grants to eligible entities to use in accordance with subparagraph 7,d74 7,b7 ,eligible entities ,to be eligible to receive a grant under this paragraph1 an entity shall be-- 7i7 a ,state2 7ii7 a unit of local government2 or 7iii7 a public utility or agency4 7,c7 ,applications ,eligible entities desiring a grant under this paragraph shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7,d7 ,use of funds ,an eligible entity shall use a grant received under this paragraph to procure and use commercial or industrial products that-- 7i7 use or are derived from anthropogenic carbon oxides2 and 7ii7 demonstrate significant net reductions in lifecycle greenhouse gas emissions compared to incumbent technologies1 processes1 and products4 2 and 7,c7 in paragraph 7#c7 7as so redesignated71 by striking paragraph 7#a7 and inserting this subsection2 and 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out this section-- 7#a7 #da1jjj1jjj for fiscal year #bjbb2 7#b7 #fe1bej1jjj for fiscal year #bjbc2 7#c7 #ff1efb1ejj for fiscal year #bjbd2 7#d7 #fg1idj1fbe for fiscal year #bjbe2 and 7#e7 #fi1chg1fef for fiscal year #bjbf4 4 #djcjc4 ,carbon capture technology program ,section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking program4 and inserting program for carbon capture technologies2 and2 and 7,c7 by adding at the end the following3 7,e7 a front-end engineering and design program for carbon dioxide transport infrastructure necessary to enable deployment of carbon capture1 utilization1 and storage technologies4 2 and 7#b7 in subsection 7d77#a7-- 7,a7 in subparagraph 7,c71 by striking and at the end2 7,b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,e7 for activities under the front-end engineering and design program described in subsection 7b77#b77;,e71 #ajj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #djcjd4 ,carbon dioxide transportation infrastructure finance and innovation 7a7 ,in general ,title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaha et seq47 is amended by adding at the end the following3 ,j ,carbon dioxide transportation infrastructure finance and innovation #iii;,a4 ,definitions ,in this subtitle3 7#a7 ,,cifia program ,the term ,,cifia program means the carbon dioxide transportation infrastructure finance and innovation program established under section #iii;,b7a74 7#b7 ,common carrier ,the term common carrier means a transportation infrastructure operator or owner that-- 7,a7 publishes a publicly available tariff containing the just and reasonable rates1 terms1 and conditions of nondiscriminatory service2 and 7,b7 holds itself out to provide transportation services to the public for a fee4 7#c7 ,contingent commitment ,the term contingent commitment means a commitment to obligate funds from future available budget authority that is-- 7,a7 contingent on those funds being made available in law at a future date2 and 7,b7 not an obligation of the ,federal ,government4 7#d7 ,eligible project costs ,the term eligible project costs means amounts substantially all of which are paid by1 or for the account of1 an obligor in connection with a project1 including-- 7,a7 the cost of-- 7i7 development-phase activities1 including planning1 feasibility analysis1 revenue forecasting1 environmental review1 permitting1 preliminary engineering and design work1 and other preconstruction activities2 7ii7 construction1 reconstruction1 rehabilitation1 replacement1 and acquisition of real property 7including land relating to the project and improvements to land71 environmental mitigation1 construction contingencies1 and acquisition and installation of equipment 7including labor72 and 7iii7 capitalized interest necessary to meet market requirements1 reasonably required reserve funds1 capital issuance expenses1 and other carrying costs during construction2 and 7,b7 transaction costs associated with financing the project1 including-- 7i7 the cost of legal counsel and technical consultants2 and 7ii7 any subsidy amount paid in accordance with section #iii;,b7c77#c77;,b77ii7 or section #iii;,c7b77#f77;,b77ii74 7#e7 ,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 project4 7#f7 ,lender ,the term lender means a qualified institutional buyer 7as defined in section #bcj4add;,a7a7 of title #ag1 ,code of ,federal ,regulations 7or a successor regulation71 commonly known as ,rule #add;,a7a7 of the ,securities and ,exchange ,commission and issued under the ,securities ,act of #aicc 7#ae ,u4,s4,c4 #gg;a et seq4771 that is not a ,federal qualified institutional buyer4 7#g7 ,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-- 7,a7 describes the project and the location1 purpose1 and cost of the project2 7,b7 outlines the proposed financial plan1 including the requested credit and grant assistance and the proposed obligor2 7,c7 provides a status of environmental review2 and 7,d7 provides information regarding satisfaction of other eligibility requirements of the ,,cifia program4 7#h7 ,loan guarantee ,the term loan guarantee means any guarantee or other pledge by the ,secretary to pay all or part of the principal of1 and interest on1 a loan made to an obligor1 or debt obligation issued by an obligor1 in each case funded by a lender4 7#i7 ,master credit agreement ,the term master credit agreement means a conditional agreement that-- 7,a7 is for the purpose of extending credit assistance for-- 7i7 a project of high priority under section #iii;,b7c77#c77;,a72 or 7ii7 a project covered under section #iii;,b7c77#c77;,b72 7,b7 does not provide for a current obligation of ,federal funds2 and 7,c7 would-- 7i7 make a contingent commitment of a ,federal credit instrument or grant at a future date1 subject to-- 7,i7 the availability of future funds being made available to carry out the ,,cifia program2 and 7,,ii7 the satisfaction of all conditions for the provision of credit assistance under the ,,cifia program1 including section #iii;,c7b72 7ii7 establish the maximum amounts and general terms and conditions of the ,federal credit instruments or grants2 7iii7 identify the #a or more revenue sources that will secure the repayment of the ,federal credit instruments2 7iv7 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 agreement1 including-- 7,i7 compliance with all applicable requirements specified under the ,,cifia program1 including sections #iii;,b7d7 and #iii;,c7b77#a72 and 7,,ii7 the availability of funds to carry out the ,,cifia program2 and 7v7 require that contingent commitments shall result in a financial close and obligation of credit or grant assistance by not later than #d years after the date of entry into the agreement or release of the commitment1 as applicable1 unless otherwise extended by the ,secretary4 7#aj7 ,obligor ,the term obligor means a corporation1 partnership1 joint venture1 trust1 non-,federal governmental entity1 agency1 or instrumentality1 or other entity that is liable for payment of the principal of1 or interest on1 a ,federal credit instrument4 7#aa7 ,produced in the ,united ,states ,the term produced in the ,united ,states1 with respect to iron and steel1 means that all manufacturing processes for the iron and steel1 including the application of any coating1 occurs within the ,united ,states4 7#ab7 ,project ,the term project means a project for common carrier carbon dioxide transportation infrastructure or associated equipment1 including pipeline1 shipping1 rail1 or other transportation infrastructure and associated equipment1 that will transport or handle carbon dioxide captured from anthropogenic sources or ambient air1 as the ,secretary determines to be appropriate4 7#ac7 ,project obligation ,the term project obligation means any note1 bond1 debenture1 or other debt obligation issued by an obligor in connection with the financing of a project1 other than a ,federal credit instrument4 7#ad7 ,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 ,secretary1 in each case funded by the ,secretary in connection with the financing of a project under section #iii;,c4 7#ae7 ,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-- 7,a7 calculated on a net present value basis2 and 7,b7 excluding administrative costs and any incidental effects on governmental receipts or outlays in accordance with the ,federal ,credit ,reform ,act of #aiij 7#b ,u4,s4,c4 #ffa et seq474 7#af7 ,substantial completion ,the term substantial completion1 with respect to a project1 means the date-- 7,a7 on which the project commences transportation of carbon dioxide2 or 7,b7 of a comparable event to the event described in subparagraph 7,a71 as determined by the ,secretary and specified in the project credit agreement4 #iii;,b4 ,determination of eligibility and project selection 7a7 ,establishment of program ,the ,secretary shall establish and carry out a carbon dioxide transportation infrastructure finance and innovation program1 under which the ,secretary shall provide for eligible projects in accordance with this subtitle-- 7#a7 a ,federal credit instrument under section #iii;,c2 7#b7 a grant under section #iii;,d2 or 7#c7 both a ,federal credit instrument and a grant4 7b7 ,eligibility 7#a7 ,in general ,a project shall be eligible to receive a ,federal credit instrument or a grant under the ,,cifia program if-- 7,a7 the entity proposing to carry out the project submits a letter of interest prior to submission of an application under paragraph 7#c7 for the project2 and 7,b7 the project meets the criteria described in this subsection4 7#b7 ,creditworthiness 7,a7 ,in general ,each project and obligor that receives a ,federal credit instrument or a grant under the ,,cifia program shall be creditworthy1 such that there exists a reasonable prospect of repayment of the principal and interest on the ,federal credit instrument1 as determined by the ,secretary under subparagraph 7,b74 7,b7 ,reasonable prospect of repayment ,the ,secretary shall base a determination of whether there is a reasonable prospect of repayment under subparagraph 7,a7 on a comprehensive evaluation of whether the obligor has a reasonable prospect of repaying the ,federal credit instrument for the eligible project1 including evaluation of-- 7i7 the strength of the contractual terms of an eligible project 7if available for the applicable market segment72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary1 and cash sweeps or other structural enhancements2 7iii7 the projected financial strength of the obligor-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term1 including after the project is completed2 7iv7 the financial strength of the investors and strategic partners of the obligor1 if applicable2 and 7v7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 7#c7 ,applications ,to be eligible for assistance under the ,,cifia program1 an obligor shall submit to the ,secretary a project application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7#d7 ,eligible project costs ,a project under the ,,cifia program shall have eligible project costs that are reasonably anticipated to equal or exceed #ajj1jjj1jjj4 7#e7 ,revenue sources ,the applicable ,federal credit instrument shall be repayable1 in whole or in part1 from-- 7,a7 user fees2 7,b7 payments owing to the obligor under a public-private partnership2 or 7,c7 other revenue sources that also secure or fund the project obligations4 7#f7 ,obligor will be identified later ,a ,state1 local government1 agency1 or instrumentality of a ,state or local government1 or a public authority1 may submit to the ,secretary an application under paragraph 7#c71 under which a private party to a public-private partnership will be-- 7,a7 the obligor2 and 7,b7 identified at a later date through completion of a procurement and selection of the private party4 7#g7 ,beneficial effects ,the ,secretary shall determine that financial assistance for each project under the ,,cifia program will-- 7,a7 attract public or private investment for the project2 or 7,b7 enable the project to proceed at an earlier date than the project would otherwise be able to proceed or reduce the lifecycle costs 7including debt service costs7 of the project4 7#h7 ,project readiness ,to be eligible for assistance under the ,,cifia program1 the applicant shall demonstrate a reasonable expectation that the contracting process for construction of the project can commence by not later than #ij days after the date on which a ,federal credit instrument or grant is obligated for the project under the ,,cifia program4 7c7 ,selection among eligible projects 7#a7 ,establishment of application process ,the ,secretary shall establish an application process under which projects that are eligible to receive assistance under subsection 7b7 may-- 7,a7 receive credit assistance on terms acceptable to the ,secretary1 if adequate funds are available 7including any funds provided on behalf of an eligible project under paragraph 7#c77;,b77ii77 to cover the subsidy amount associated with the ,federal credit instrument2 and 7,b7 receive grants under section #iii;,d if-- 7i7 adequate funds are available to cover the amount of the grant2 and 7ii7 the ,secretary determines that the project is eligible under subsection 7b74 7#b7 ,priority ,in selecting projects to receive credit assistance under subsection 7b71 the ,secretary shall give priority to projects that-- 7,a7 are large-capacity1 common carrier infrastructure2 7,b7 have demonstrated demand for use of the infrastructure by associated projects that capture carbon dioxide from anthropogenic sources or ambient air2 7,c7 enable geographical diversity in associated projects that capture carbon dioxide from anthropogenic sources or ambient air1 with the goal of enabling projects in all major carbon dioxide-emitting regions of the ,united ,states2 and 7,d7 are sited within1 or adjacent to1 existing pipeline or other linear infrastructure corridors1 in a manner that minimizes environmental disturbance and other siting concerns4 7#c7 ,master credit agreements 7,a7 ,priority projects ,the ,secretary may enter into a master credit agreement for a project that the ,secretary determines-- 7i7 will likely be eligible for credit assistance under subsection 7b71 on obtaining-- 7,i7 additional commitments from associated carbon capture projects to use the project2 or 7,,ii7 all necessary permits and approvals2 and 7ii7 is a project of high priority1 as determined in accordance with the criteria described in paragraph 7#b74 7,b7 ,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 instrument1 a project sponsor 7including a unit of ,state or local government7 of an eligible project may elect-- 7i7 7,i7 to enter into a master credit agreement in lieu of the ,federal credit instrument2 and 7,,ii7 to wait to execute a ,federal credit instrument until the fiscal year for which additional funds are available to receive credit assistance2 or 7ii7 if the lack of adequate funding is solely with respect to amounts available for the subsidy amount1 to pay the subsidy amount to fund the ,federal credit instrument4 7d7 ,federal requirements 7#a7 ,in general ,nothing in this subtitle supersedes the applicability of any other requirement under ,federal law 7including regulations74 7#b7 ,,nepa ,federal credit assistance may only be provided under this subtitle for a project that has received an environmental categorical exclusion1 a finding of no significant impact1 or a record of decision under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,use of ,american iron1 steel1 and manufactured goods 7#a7 ,in general ,except as provided in paragraph 7#b71 no ,federal credit instrument or grant provided under the ,,cifia program shall be made available for a project unless all iron1 steel1 and manufactured goods used in the project are produced in the ,united ,states4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply in any case or category of cases with respect to which the ,secretary determines that-- 7,a7 the application would be inconsistent with the public interest2 7,b7 iron1 steel1 or a relevant manufactured good is not produced in the ,united ,states in sufficient and reasonably available quantity1 or of a satisfactory quality2 or 7,c7 the inclusion of iron1 steel1 or a manufactured good produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7#c7 ,waivers ,if the ,secretary receives a request for a waiver under this subsection1 the ,secretary shall-- 7,a7 make available to the public a copy of the request1 together with any information available to the ,secretary concerning the request-- 7i7 on an informal basis2 and 7ii7 by electronic means1 including on the official public website of the ,department2 7,b7 allow for informal public comment relating to the request for not fewer than #ae days before making a determination with respect to the request2 and 7,c7 approve or disapprove the request by not later than the date that is #abj days after the date of receipt of the request4 7#d7 ,applicability ,this subsection shall be applied in accordance with any applicable obligations of the ,united ,states under international agreements4 7f7 ,application processing procedures 7#a7 ,notice of complete application ,not later than #cj days after the date of receipt of an application under this section1 the ,secretary shall provide to the applicant a written notice describing whether-- 7,a7 the application is complete2 or 7,b7 additional information or materials are needed to complete the application4 7#b7 ,approval or denial of application ,not later than #fj days after the date of issuance of a written notice under paragraph 7#a71 the ,secretary shall provide to the applicant a written notice informing the applicant whether the ,secretary has approved or disapproved the application4 7g7 ,development-phase activities ,any ,federal credit instrument provided under the ,,cifia program may be used to finance up to #ajj percent of the cost of development-phase activities1 as described in section #iii;,a7#d77;,a74 #iii;,c4 ,secured loans 7a7 ,agreements 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary may enter into agreements with #a or more obligors to make secured loans1 the proceeds of which-- 7,a7 shall be used-- 7i7 to finance eligible project costs of any project selected under section #iii;,b2 7ii7 to refinance interim construction financing of eligible project costs of any project selected under section #iii;,b2 or 7iii7 to refinance long-term project obligations or ,federal credit instruments1 if the refinancing provides additional funding capacity for the completion1 enhancement1 or expansion of any project that-- 7,i7 is selected under section #iii;,b2 or 7,,ii7 otherwise meets the requirements of that section2 and 7,b7 may be used in accordance with subsection 7b77#g7 to pay any fees collected by the ,secretary under subparagraph 7,b7 of that subsection4 7#b7 ,risk assessment ,before entering into an agreement under this subsection1 the ,secretary1 in consultation with the ,director of the ,office of ,management and ,budget1 shall determine an appropriate credit subsidy amount for each secured loan1 taking into account all relevant factors1 including the creditworthiness factors under section #iii;,b7b77#b74 7b7 ,terms and limitations 7#a7 ,in general ,a secured loan under this section with respect to a project shall be on such terms and conditions and contain such covenants1 representations1 warranties1 and requirements 7including requirements for audits7 as the ,secretary determines to be appropriate4 7#b7 ,maximum amount ,the amount of a secured loan under this section shall not exceed an amount equal to #hj percent of the reasonably anticipated eligible project costs4 7#c7 ,payment ,a secured loan under this section shall be payable1 in whole or in part1 from-- 7,a7 user fees2 7,b7 payments owing to the obligor under a public-private partnership2 or 7,c7 other revenue sources that also secure or fund the project obligations4 7#d7 ,interest rate 7,a7 ,in general ,except as provided in subparagraph 7,b71 the interest rate on a secured loan under this section shall be not less than the interest rate reflected in 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 agreement4 7,b7 ,limited buydowns 7i7 ,in general ,subject to clause 7iii71 the ,secretary may lower the interest rate of a secured loan under this section to not lower than the interest rate described in clause 7ii71 if the interest rate has increased during the period-- 7,i7 beginning on1 as applicable-- 7aa7 the date on which an application acceptable to the ,secretary is submitted for the applicable project2 or 7bb7 the date on which the ,secretary entered into a master credit agreement for the applicable project2 and 7,,ii7 ending on the date on which the ,secretary executes the ,federal credit instrument for the applicable project that is the subject of the secured loan4 7ii7 ,description of interest rate ,the interest rate referred to in clause 7i7 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 effect1 as applicable to the project that is the subject of the secured loan1 on-- 7,i7 the date described in clause 7i77,i77aa72 or 7,,ii7 the date described in clause 7i77,i77bb74 7iii7 ,limitation ,the interest rate of a secured loan may not be lowered pursuant to clause 7i7 by more than #aa_/b percentage points 7#aej basis points74 7#e7 ,maturity date ,the final maturity date of the secured loan shall be the earlier of-- 7,a7 the date that is #ce years after the date of substantial completion of the project2 and 7,b7 if the useful life of the capital asset being financed is of a lesser period1 the date that is the end of the useful life of the asset4 7#f7 ,nonsubordination 7,a7 ,in general ,except as provided in subparagraph 7,b71 the secured loan shall not be subordinated to the claims of any holder of project obligations in the event of bankruptcy1 insolvency1 or liquidation of the obligor4 7,b7 ,preexisting indenture 7i7 ,in general ,the ,secretary shall waive the requirement under subparagraph 7,a7 for a public agency borrower that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture1 if-- 7,i7 the secured loan is rated in the ,a category or higher2 and 7,,ii7 the secured loan is secured and payable from pledged revenues not affected by project performance1 such as a tax-backed revenue pledge or a system-backed pledge of project revenues4 7ii7 ,limitation ,if the ,secretary waives the nonsubordination requirement under this subparagraph-- 7,i7 the maximum credit subsidy amount to be paid by the ,federal ,government shall be not more than #aj percent of the principal amount of the secured loan2 and 7,,ii7 the obligor shall be responsible for paying the remainder of the subsidy amount1 if any4 7#g7 ,fees 7,a7 ,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 #c1jjj1jjj to cover all or a portion of the costs to the ,federal ,government of providing the ,federal credit instrument4 7,b7 ,amendment to add cost of fees to secured loan ,if the ,secretary collects a fee from an obligor under subparagraph 7,a7 to cover all or a portion of the costs to the ,federal ,government of providing a secured loan1 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 ,secretary4 7#h7 ,maximum ,federal involvement ,the total ,federal assistance provided for a project under the ,,cifia program1 including any grant provided under section #iii;,d1 shall not exceed an amount equal to #hj percent of the eligible project costs4 7c7 ,repayment 7#a7 ,schedule ,the ,secretary shall establish a repayment schedule for each secured loan under this section based on-- 7,a7 the projected cash flow from project revenues and other repayment sources2 and 7,b7 the useful life of the project4 7#b7 ,commencement ,scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than #e years after the date of substantial completion of the project4 7#c7 ,deferred payments 7,a7 ,in general ,if1 at any time after the date of substantial completion of a project1 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 loan1 the ,secretary may1 subject to subparagraph 7,c71 allow the obligor to add unpaid principal and interest to the outstanding balance of the secured loan4 7,b7 ,interest ,any payment deferred under subparagraph 7,a7 shall-- 7i7 continue to accrue interest in accordance with subsection 7b77#d7 until fully repaid2 and 7ii7 be scheduled to be amortized over the remaining term of the loan4 7,c7 ,criteria 7i7 ,in general ,any payment deferral under subparagraph 7,a7 shall be contingent on the project meeting criteria established by the ,secretary4 7ii7 ,repayment standards ,the criteria established pursuant to clause 7i7 shall include standards for the reasonable prospect of repayment4 7#d7 ,prepayment 7,a7 ,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 agreement1 bond resolution1 or similar agreement securing project obligations may be applied annually to prepay the secured loan1 without penalty4 7,b7 ,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 sources4 7d7 ,sale of secured loans 7#a7 ,in general ,subject to paragraph 7#b71 as soon as practicable after substantial completion of a project and after notifying the obligor1 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 terms4 7#b7 ,consent of obligor ,in making a sale or reoffering under paragraph 7#a71 the ,secretary may not change any original term or condition of the secured loan without the written consent of the obligor4 7e7 ,loan guarantees 7#a7 ,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 as1 or less than1 that of a secured loan4 7#b7 ,terms ,the terms of a loan guarantee under paragraph 7#a7 shall be consistent with the terms required under this section for a secured loan1 except that the rate on the guaranteed loan and any prepayment features shall be negotiated between the obligor and the lender1 with the consent of the ,secretary4 #iii;,d4 ,future growth grants 7a7 ,establishment ,the ,secretary may provide grants to pay a portion of the cost differential1 with respect to any projected future increase in demand for carbon dioxide transportation by an infrastructure project described in subsection 7b71 between-- 7#a7 the cost of constructing the infrastructure asset with the capacity to transport an increased flow rate of carbon dioxide1 as made practicable under the project2 and 7#b7 the cost of constructing the infrastructure asset with the capacity to transport carbon dioxide at the flow rate initially required1 based on commitments for the use of the asset4 7b7 ,eligibility ,to be eligible to receive a grant under this section1 an entity shall-- 7#a7 be eligible to receive credit assistance under the ,,cifia program2 7#b7 carry out1 or propose to carry out1 a project for large-capacity1 common carrier infrastructure with a probable future increase in demand for carbon dioxide transportation2 and 7#c7 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7c7 ,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 #bj-year period beginning on the date of substantial completion of the project described in subsection 7b77#b74 7d7 ,maximum amount ,the amount of a grant provided under this section may not exceed an amount equal to #hj percent of the cost of the additional capacity described in subsection 7a74 #iii;,e4 ,program administration 7a7 ,requirement ,the ,secretary shall establish a uniform system to service the ,federal credit instruments provided under the ,,cifia program4 7b7 ,fees ,if funding sufficient to cover the costs of services of expert firms retained pursuant to subsection 7d7 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 year1 the ,secretary1 during that fiscal year1 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 costs4 7c7 ,servicer 7#a7 ,in general ,the ,secretary may appoint a financial entity to assist the ,secretary in servicing the ,federal credit instruments4 7#b7 ,duties ,a servicer appointed under paragraph 7#a7 shall act as the agent for the ,secretary4 7#c7 ,fee ,a servicer appointed under paragraph 7#a7 shall receive a servicing fee1 subject to approval by the ,secretary4 7d7 ,assistance from expert firms ,the ,secretary may retain the services of expert firms1 including counsel1 in the field of municipal and project finance to assist in the underwriting and servicing of ,federal credit instruments4 7e7 ,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 program4 #iii;,f4 ,state and local permits ,the provision of credit assistance under the ,,cifia program with respect to a project shall not-- 7#a7 relieve any recipient of the assistance of any project obligation to obtain any required ,state or local permit or approval with respect to the project2 7#b7 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 project2 or 7#c7 otherwise supersede any ,state or local law 7including any regulation7 applicable to the construction or operation of the project4 #iii;,g4 ,regulations ,the ,secretary may promulgate such regulations as the ,secretary determines to be appropriate to carry out the ,,cifia program4 #iii;,h4 ,authorization of appropriations2 contract authority 7a7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,secretary to carry out this subtitle-- 7,a7 #fjj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7,b7 #cjj1jjj1jjj for each of fiscal years #bjbd through #bjbf4 7#b7 ,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 basis4 7#c7 ,reestimates ,if the subsidy amount of a ,federal credit instrument is reestimated1 the cost increase or decrease of the reestimate shall be borne by1 or benefit1 the general fund of the ,treasury1 consistent with section #ejd7;f7 of the ,congressional ,budget ,act of #aigd 7#b ,u4,s4,c4 #ffa;c7f774 7#d7 ,administrative costs ,of the amounts made available to carry out the ,,cifia program1 the ,secretary may use not more than #i1jjj1jjj 7as indexed for ,united ,states dollar inflation from the date of enactment of the ,infrastructure ,investment and ,jobs ,act 7as measured by the ,consumer ,price ,index77 each fiscal year for the administration of the ,,cifia program4 7b7 ,contract authority 7#a7 ,in general ,notwithstanding any other provision of law1 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 investment4 7#b7 ,availability ,amounts made available to carry out the ,,cifia program for a fiscal year shall be available for obligation on ,october #a of the fiscal year4 4 7b7 ,technical amendments ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fjj7 is amended-- 7#a7 in the item relating to section #iag1 by striking ,efficiency2 7#b7 by striking the items relating to subtitle ,j of title ,,ix 7relating to ultra-deepwater and unconventional natural gas and other petroleum resources7 and inserting the following3 ,subtitle ,j--,carbon dioxide transportation infrastructure finance and innovation ,sec4 #iii;,a4 ,definitions4 ,sec4 #iii;,b4 ,determination of eligibility and project selection4 ,sec4 #iii;,c4 ,secured loans4 ,sec4 #iii;,d4 ,future growth grants4 ,sec4 #iii;,e4 ,program administration4 ,sec4 #iii;,f4 ,state and local permits4 ,sec4 #iii;,g4 ,regulations4 ,sec4 #iii;,h4 ,authorization of appropriations2 contract authority4 2 and 7#c7 by striking the item relating to section #ifi;,b and inserting the following3 ,sec4 #ifi;,b4 ,high efficiency turbines4 4 #djcje4 ,carbon storage validation and testing ,section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic7 is amended-- 7#a7 in subsection 7a77#a77;,b71 by striking over a #aj-year period2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a71 by striking and demonstration and inserting demonstration1 and commercialization2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,g71 by striking and at the end2 7ii7 in subparagraph 7,h71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,i7 evaluating the quantity1 location1 and timing of geologic carbon storage deployment that may be needed1 and developing strategies and resources to enable the deployment4 2 7#c7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 7#d7 by inserting after subsection 7d7 the following3 7e7 ,large-scale carbon storage commercialization program 7#a7 ,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 infrastructure1 including funding for the feasibility1 site characterization1 permitting1 and construction stages of project development4 7#b7 ,applications2 selection 7,a7 ,in general ,to be eligible to enter into an agreement with the ,secretary for funding under paragraph 7#a71 an entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary determines to be appropriate4 7,b7 ,application process ,the ,secretary shall establish an application process that1 to the maximum extent practicable-- 7i7 is open to projects at any stage of development described in paragraph 7#a72 and 7ii7 facilitates expeditious development of projects described in that paragraph4 7,c7 ,project selection ,in selecting projects for funding under paragraph 7#a71 the ,secretary shall give priority to-- 7i7 projects with substantial carbon dioxide storage capacity2 or 7ii7 projects that will store carbon dioxide from multiple carbon capture facilities4 2 7#e7 in subsection 7f7 7as so redesignated71 in paragraph 7#a71 by inserting with respect to the research1 development1 demonstration program components described in subsections 7b7 through 7d7 before give preference2 and 7#f7 by striking subsection 7h7 7as so redesignated7 and inserting the following3 7h7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b1ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 #djcjf4 ,secure geologic storage permitting 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,class ,,vi well ,the term ,class ,,vi well means a well described in section #add4f7;f7 of title #dj1 ,code of ,federal ,regulations 7or successor regulations74 7b7 ,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 7#db ,u4,s4,c4 #cjj;f et seq47 and the final rule of the ,administrator entitled ,federal ,requirements ,under the ,underground ,injection ,control 7,,uic7 ,program for ,carbon ,dioxide 7,,co#b7 ,geologic ,sequestration 7,,gs7 ,wells 7#ge ,fed4 ,reg4 #ggbcj 7,december #aj1 #bjaj771 #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7c7 ,state permitting program grants 7#a7 ,establishment ,the ,administrator shall award grants to ,states that1 pursuant to section #adbb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;h-#a71 receive the approval of the ,administrator for a ,state underground injection control program for permitting ,class ,,vi wells for the injection of carbon dioxide4 7#b7 ,use of funds ,a ,state that receives a grant under paragraph 7#a7 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 7#a74 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djcjg4 ,geologic carbon sequestration on the outer ,continental ,shelf 7a7 ,definitions ,section #b of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #acca7 is amended-- 7#a7 in the matter preceding subsection 7a71 by striking ,when used in this ,act-- and inserting ,in this ,act32 7#b7 in each subsection1 by inserting a subsection heading1 the text of which is comprised of the term defined in the subsection2 7#c7 by striking the semicolon at the end of each subsection 7other than subsection 7q77 and 2 and at the end of subsection 7p7 and inserting a period2 and 7#d7 by adding at the end the following3 7r7 ,carbon dioxide stream 7#a7 ,in general ,the term carbon dioxide stream means carbon dioxide that-- 7,a7 has been captured2 and 7,b7 consists overwhelmingly of-- 7i7 carbon dioxide plus incidental associated substances derived from the source material or capture process2 and 7ii7 any substances added to the stream for the purpose of enabling or improving the injection process4 7#b7 ,exclusions ,the term carbon dioxide stream does not include additional waste or other matter added to the carbon dioxide stream for the purpose of disposal4 7s7 ,carbon sequestration ,the term carbon sequestration means the act of storing carbon dioxide that has been removed from the atmosphere or captured through physical1 chemical1 or biological processes that can prevent the carbon dioxide from reaching the atmosphere4 4 7b7 ,leases1 easements1 or rights-of-way for energy and related purposes ,section #h7p77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77 is amended-- 7#a7 in subparagraph 7,c71 by striking or after the semicolon2 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7,e7 provide for1 support1 or are directly related to the injection of a carbon dioxide stream into sub-seabed geologic formations for the purpose of long-term carbon sequestration4 4 7c7 ,clarification ,a carbon dioxide stream injected for the purpose of carbon sequestration under subparagraph 7,e7 of section #h7p77#a7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77 shall not be considered to be material 7as defined in section #c of the ,marine ,protection1 ,research1 and ,sanctuaries ,act of #aigb 7#cc ,u4,s4,c4 #adjb77 for purposes of that ,act 7#cc ,u4,s4,c4 #adja et seq474 7d7 ,regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior shall promulgate regulations to carry out the amendments made by this section4 #djcjh4 ,carbon removal 7a7 ,in general ,section #ifi;,d of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7 is amended-- 7#a7 by redesignating subsection 7j7 as subsection 7k72 and 7#b7 by inserting after subsection 7i7 the following3 7j7 ,regional direct air capture hubs 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible project ,the term eligible project means a direct air capture project or a component project of a regional direct air capture hub4 7,b7 ,regional direct air capture hub ,the term regional direct air capture hub means a network of direct air capture projects1 potential carbon dioxide utilization off-takers1 connective carbon dioxide transport infrastructure1 subsurface resources1 and sequestration infrastructure located within a region4 7#b7 ,establishment of program 7,a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide funding for eligible projects that contribute to the development of #d regional direct air capture hubs described in subparagraph 7,b74 7,b7 ,regional direct air capture hubs ,each of the #d regional direct air capture hubs developed under the program under subparagraph 7,a7 shall be a regional direct air capture hub that-- 7i7 facilitates the deployment of direct air capture projects2 7ii7 has the capacity to capture and sequester1 utilize1 or sequester and utilize at least #a1jjj1jjj metric tons of carbon dioxide from the atmosphere annually from a single unit or multiple interconnected units2 7iii7 demonstrates the capture1 processing1 delivery1 and sequestration or end-use of captured carbon2 and 7iv7 could be developed into a regional or interregional carbon network to facilitate sequestration or carbon utilization4 7#c7 ,selection of projects 7,a7 ,solicitation of proposals 7i7 ,in general ,not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall solicit applications for funding for eligible projects4 7ii7 ,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 7i7 until all amounts appropriated to carry out this subsection are expended4 7,b7 ,selection of projects for the development of regional direct air capture hubs ,not later than #c years after the date of the deadline for the submission of proposals under subparagraph 7,a77i71 the ,secretary shall select eligible projects described in paragraph 7#b77;,a74 7,c7 ,criteria ,the ,secretary shall select eligible projects under subparagraph 7,b7 using the following criteria3 7i7 ,carbon intensity of local industry ,to the maximum extent practicable1 each eligible project shall be located in a region with-- 7,i7 existing carbon-intensive fuel production or industrial capacity2 or 7,,ii7 carbon-intensive fuel production or industrial capacity that has retired or closed in the preceding #aj years4 7ii7 ,geographic diversity ,to the maximum extent practicable1 eligible projects shall contribute to the development of regional direct air capture hubs located in different regions of the ,united ,states4 7iii7 ,carbon potential ,to the maximum extent practicable1 eligible projects shall contribute to the development of regional direct air capture hubs located in regions with high potential for carbon sequestration or utilization4 7iv7 ,hubs in fossil-producing regions ,to the maximum extent practicable1 eligible projects shall contribute to the development of at least #b regional direct air capture hubs located in economically distressed communities in the regions of the ,united ,states with high levels of coal1 oil1 or natural gas resources4 7v7 ,scalability ,the ,secretary shall give priority to eligible projects that1 as compared to other eligible projects1 will contribute to the development of regional direct air capture hubs with larger initial capacity1 greater potential for expansion1 and lower levelized cost per ton of carbon dioxide removed from the atmosphere4 7vi7 ,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 region4 7vii7 ,additional criteria ,the ,secretary may take into consideration other criteria that1 in the judgment of the ,secretary1 are necessary or appropriate to carry out this subsection4 7,d7 ,coordination ,to the maximum extent practicable1 in carrying out the program under this subsection1 the ,secretary shall take into account and coordinate with activities of the carbon capture technology program established under section #ifb7;b77#a71 the carbon storage validation and testing program established under section #ifc7;b77#a71 and the ,,cifia program established under section #iii;,b7a7 such that funding from each of the programs is leveraged to contribute toward the development of integrated regional and interregional carbon capture1 removal1 transport1 sequestration1 and utilization networks4 7,e7 ,funding of eligible projects ,the ,secretary may make grants to1 or enter into cooperative agreements or contracts with1 each eligible project selected under subparagraph 7,b7 to accelerate commercialization of1 and demonstrate the removal1 processing1 transport1 sequestration1 and utilization of1 carbon dioxide captured from the atmosphere4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this subsection #c1ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 4 ,b ,hydrogen research and development #djcaa4 ,findings2 purpose 7a7 ,findings ,congress finds that-- 7#a7 hydrogen plays a critical part in the comprehensive energy portfolio of the ,united ,states2 7#b7 the use of the hydrogen resources of the ,united ,states-- 7,a7 promotes energy security and resilience2 and 7,b7 provides economic value and environmental benefits for diverse applications across multiple sectors of the economy2 and 7#c7 hydrogen can be produced from a variety of domestically available clean energy sources1 including-- 7,a7 renewable energy resources1 including biomass2 7,b7 fossil fuels with carbon capture1 utilization1 and storage2 and 7,c7 nuclear power4 7b7 ,purpose ,the purpose of this subtitle is to accelerate research1 development1 demonstration1 and deployment of hydrogen from clean energy sources by-- 7#a7 providing a statutory definition for the term clean hydrogen2 7#b7 establishing a clean hydrogen strategy and roadmap for the ,united ,states2 7#c7 establishing a clearing house for clean hydrogen program information at the ,national ,energy ,technology ,laboratory2 7#d7 developing a robust clean hydrogen supply chain and workforce by prioritizing clean hydrogen demonstration projects in major shale gas regions2 7#e7 establishing regional clean hydrogen hubs2 and 7#f7 authorizing appropriations to carry out the ,department of ,energy ,hydrogen ,program ,plan1 dated ,november #bjbj1 developed pursuant to title ,,viii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq474 #djcab4 ,definitions ,section #hjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaeb7 is amended-- 7#a7 in paragraph 7#e71 by striking the paragraph designation and heading and all that follows through when in the matter preceding subparagraph 7,a7 and inserting the following3 7#e7 ,portable2 storage ,the terms portable and storage1 when 2 7#b7 by redesignating paragraphs 7#a7 through 7#g7 as paragraphs 7#b7 through 7#h71 respectively2 and 7#c7 by inserting before paragraph 7#b7 7as so redesignated7 the following3 7#a7 ,clean hydrogen2 hydrogen ,the terms clean hydrogen and hydrogen mean hydrogen produced in compliance with the greenhouse gas emissions standard established under section #hbb7;a71 including production from any fuel source4 4 #djcac4 ,clean hydrogen research and development program 7a7 ,in general ,section #hje of the ,energy ,policy ,act of #bjje 7#db ,u4,s4 #afaed7 is amended-- 7#a7 in the section heading1 by striking ,programs and inserting ,clean hydrogen research and development program2 7#b7 in subsection 7a7-- 7,a7 by striking research and development program and inserting crosscutting research and development program 7referred to in this section as the program72 and 7,b7 by inserting processing1 after production12 7#c7 by striking subsection 7b7 and inserting the following3 7b7 ,goals ,the goals of the program shall be-- 7#a7 to advance research and development to demonstrate and commercialize the use of clean hydrogen in the transportation1 utility1 industrial1 commercial1 and residential sectors2 and 7#b7 to demonstrate a standard of clean hydrogen production in the transportation1 utility1 industrial1 commercial1 and residential sectors by #bjdj4 2 7#d7 in subsection 7c77#c71 by striking renewable fuels and biofuels and inserting fossil fuels with carbon capture1 utilization1 and sequestration1 renewable fuels1 biofuels1 and nuclear energy2 7#e7 by striking subsection 7e7 and inserting the following3 7e7 ,activities ,in carrying out the program1 the ,secretary1 in partnership with the private sector1 shall conduct activities to advance and support-- 7#a7 the establishment of a series of technology cost goals oriented toward achieving the standard of clean hydrogen production developed under section #hbb7;a72 7#b7 the production of clean hydrogen from diverse energy sources1 including-- 7,a7 fossil fuels with carbon capture1 utilization1 and sequestration2 7,b7 hydrogen-carrier fuels 7including ethanol and methanol72 7,c7 renewable energy resources1 including biomass2 7,d7 nuclear energy2 and 7,e7 any other methods the ,secretary determines to be appropriate2 7#c7 the use of clean hydrogen for commercial1 industrial1 and residential electric power generation2 7#d7 the use of clean hydrogen in industrial applications1 including steelmaking1 cement1 chemical feedstocks1 and process heat2 7#e7 the use of clean hydrogen for use as a fuel source for both residential and commercial comfort heating and hot water requirements2 7#f7 the safe and efficient delivery of hydrogen or hydrogen-carrier fuels1 including-- 7,a7 transmission by pipelines1 including retrofitting the existing natural gas transportation infrastructure system to enable a transition to transport and deliver increasing levels of clean hydrogen1 clean hydrogen blends1 or clean hydrogen carriers2 7,b7 tanks and other distribution methods2 and 7,c7 convenient and economic refueling of vehicles1 locomotives1 maritime vessels1 or planes-- 7i7 at central refueling stations2 or 7ii7 through distributed onsite generation2 7#g7 advanced vehicle1 locomotive1 maritime vessel1 or plane technologies1 including-- 7,a7 engine and emission control systems2 7,b7 energy storage1 electric propulsion1 and hybrid systems2 7,c7 automotive1 locomotive1 maritime vessel1 or plane materials2 and 7,d7 other advanced vehicle1 locomotive1 maritime vessel1 or plane technologies2 7#h7 storage of hydrogen or hydrogen-carrier fuels1 including the development of materials for safe and economic storage in gaseous1 liquid1 or solid form2 7#i7 the development of safe1 durable1 affordable1 and efficient fuel cells1 including fuel-flexible fuel cell power systems1 improved manufacturing processes1 high-temperature membranes1 cost-effective fuel processing for natural gas1 fuel cell stack and system reliability1 low-temperature operation1 and cold start capability2 7#aj7 the ability of domestic clean hydrogen equipment manufacturers to manufacture commercially available competitive technologies in the ,united ,states2 7#aa7 the use of clean hydrogen in the transportation sector1 including in light-1 medium-1 and heavy-duty vehicles1 rail transport1 aviation1 and maritime applications2 and 7#ab7 in coordination with relevant agencies1 the development of appropriate1 uniform codes and standards for the safe and consistent deployment and commercialization of clean hydrogen production1 processing1 delivery1 and end-use technologies4 2 and 7#f7 by adding at the end the following3 7j7 ,targets ,not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall establish targets for the program to address near-term 7up to #b years71 mid-term 7up to #g years71 and long-term 7up to #ae years7 challenges to the advancement of clean hydrogen systems and technologies4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eii7 is amended by striking the item relating to section #hje and inserting the following3 ,sec4 #hje4 ,clean hydrogen research and development program4 4 #djcad4 ,additional clean hydrogen programs ,title ,,viii of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq47 is amended-- 7#a7 by redesignating sections #hac through #haf as sections #hah through #hba1 respectively2 and 7#b7 by inserting after section #hab the following3 #hac4 ,regional clean hydrogen hubs 7a7 ,definition of regional clean hydrogen hub ,in this section1 the term regional clean hydrogen hub means a network of clean hydrogen producers1 potential clean hydrogen consumers1 and connective infrastructure located in close proximity4 7b7 ,establishment of program ,the ,secretary shall establish a program to support the development of at least #d regional clean hydrogen hubs that-- 7#a7 demonstrably aid the achievement of the clean hydrogen production standard developed under section #hbb7;a72 7#b7 demonstrate the production1 processing1 delivery1 storage1 and end-use of clean hydrogen2 and 7#c7 can be developed into a national clean hydrogen network to facilitate a clean hydrogen economy4 7c7 ,selection of regional clean hydrogen hubs 7#a7 ,solicitation of proposals ,not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall solicit proposals for regional clean hydrogen hubs4 7#b7 ,selection of hubs ,not later than #a year after the deadline for the submission of proposals under paragraph 7#a71 the ,secretary shall select at least #d regional clean hydrogen hubs to be developed under subsection 7b74 7#c7 ,criteria ,the ,secretary shall select regional clean hydrogen hubs under paragraph 7#b7 using the following criteria3 7,a7 ,feedstock diversity ,to the maximum extent practicable-- 7i7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from fossil fuels2 7ii7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from renewable energy2 and 7iii7 at least #a regional clean hydrogen hub shall demonstrate the production of clean hydrogen from nuclear energy4 7,b7 ,end-use diversity ,to the maximum extent practicable-- 7i7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the electric power generation sector2 7ii7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the industrial sector2 7iii7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the residential and commercial heating sector2 and 7iv7 at least #a regional clean hydrogen hub shall demonstrate the end-use of clean hydrogen in the transportation sector4 7,c7 ,geographic diversity ,to the maximum extent practicable1 each regional clean hydrogen hub-- 7i7 shall be located in a different region of the ,united ,states2 and 7ii7 shall use energy resources that are abundant in that region4 7,d7 ,hubs in natural gas-producing regions ,to the maximum extent practicable1 at least #b regional clean hydrogen hubs shall be located in the regions of the ,united ,states with the greatest natural gas resources4 7,e7 ,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 region4 7,f7 ,additional criteria ,the ,secretary may take into consideration other criteria that1 in the judgment of the ,secretary1 are necessary or appropriate to carry out this title 7#d7 ,funding of regional clean hydrogen hubs ,the ,secretary may make grants to each regional clean hydrogen hub selected under paragraph 7#b7 to accelerate commercialization of1 and demonstrate the production1 processing1 delivery1 storage1 and end-use of1 clean hydrogen4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #h1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #had4 ,national clean hydrogen strategy and roadmap 7a7 ,development 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary1 in consultation with the heads of relevant offices of the ,department1 shall develop a technologically and economically feasible national strategy and roadmap to facilitate widescale production1 processing1 delivery1 storage1 and use of clean hydrogen4 7#b7 ,inclusions ,the national clean hydrogen strategy and roadmap developed under paragraph 7#a7 shall focus on-- 7,a7 establishing a standard of hydrogen production that achieves the standard developed under section #hbb7;a71 including interim goals towards meeting that standard2 7,b7 7i7 clean hydrogen production and use from natural gas1 coal1 renewable energy sources1 nuclear energy1 and biomass2 and 7ii7 identifying potential barriers1 pathways1 and opportunities1 including ,federal policy needs1 to transition to a clean hydrogen economy2 7,c7 identifying-- 7i7 economic opportunities for the production1 processing1 transport1 storage1 and use of clean hydrogen that exist in the major shale natural gas-producing regions of the ,united ,states2 7ii7 economic opportunities for the production1 processing1 transport1 storage1 and use of clean hydrogen that exist for merchant nuclear power plants operating in deregulated markets2 and 7iii7 environmental risks associated with potential deployment of clean hydrogen technologies in those regions1 and ways to mitigate those risks2 7,d7 approaches1 including substrategies1 that reflect geographic diversity across the country1 to advance clean hydrogen based on resources1 industry sectors1 environmental benefits1 and economic impacts in regional economies2 7,e7 identifying opportunities to use1 and barriers to using1 existing infrastructure1 including all components of the natural gas infrastructure system1 the carbon dioxide pipeline infrastructure system1 end-use local distribution networks1 end-use power generators1 ,,lng terminals1 industrial users of natural gas1 and residential and commercial consumers of natural gas1 for clean hydrogen deployment2 7,f7 identifying the needs for and barriers and pathways to developing clean hydrogen hubs 7including1 where appropriate1 clean hydrogen hubs coupled with carbon capture1 utilization1 and storage hubs7 that-- 7i7 are regionally dispersed across the ,united ,states and can leverage natural gas to the maximum extent practicable2 7ii7 can demonstrate the efficient production1 processing1 delivery1 and use of clean hydrogen2 7iii7 include transportation corridors and modes of transportation1 including transportation of clean hydrogen by pipeline and rail and through ports2 and 7iv7 where appropriate1 could serve as joint clean hydrogen and carbon capture1 utilization1 and storage hubs2 7,g7 prioritizing activities that improve the ability of the ,department to develop tools to model1 analyze1 and optimize single-input1 multiple-output integrated hybrid energy systems and multiple-input1 multiple-output integrated hybrid energy systems that maximize efficiency in providing hydrogen1 high-value heat1 electricity1 and chemical synthesis services2 7,h7 identifying the appropriate points of interaction between and among ,federal agencies involved in the production1 processing1 delivery1 storage1 and use of clean hydrogen and clarifying the responsibilities of those ,federal agencies1 and potential regulatory obstacles and recommendations for modifications1 in order to support the deployment of clean hydrogen2 and 7,i7 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 hydrogen1 in support of decarbonizing all relevant sectors of the economy4 7b7 ,reports to ,congress 7#a7 ,in general ,not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall submit to ,congress the clean hydrogen strategy and roadmap developed under subsection 7a74 7#b7 ,updates ,the ,secretary shall submit to ,congress updates to the clean hydrogen strategy and roadmap under paragraph 7#a7 not less frequently than once every #c years after the date on which the ,secretary initially submits the report and roadmap4 #hae4 ,clean hydrogen manufacturing and recycling 7a7 ,clean hydrogen manufacturing initiative 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary shall award multiyear grants to1 and enter into contracts1 cooperative agreements1 or any other agreements authorized under this ,act or other ,federal law with1 eligible entities 7as determined by the ,secretary7 for research1 development1 and demonstration projects to advance new clean hydrogen production1 processing1 delivery1 storage1 and use equipment manufacturing technologies and techniques4 7#b7 ,priority ,in awarding grants or entering into contracts1 cooperative agreements1 or other agreements under paragraph 7#a71 the ,secretary1 to the maximum extent practicable1 shall give priority to clean hydrogen equipment manufacturing projects that-- 7,a7 increase efficiency and cost-effectiveness in-- 7i7 the manufacturing process2 and 7ii7 the use of resources1 including existing energy infrastructure2 7,b7 support domestic supply chains for materials and components2 7,c7 identify and incorporate nonhazardous alternative materials for components and devices2 7,d7 operate in partnership with tribal energy development organizations1 ,indian ,tribes1 ,tribal organizations1 ,native ,hawaiian community-based organizations1 or territories or freely associated ,states2 or 7,e7 are located in economically distressed areas of the major natural gas-producing regions of the ,united ,states4 7#c7 ,evaluation ,not later than #c years after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 and not less frequently than once every #d years thereafter1 the ,secretary shall conduct1 and make available to the public and the relevant committees of ,congress1 an independent review of the progress of the projects carried out through grants awarded1 or contracts1 cooperative agreements1 or other agreements entered into1 under paragraph 7#a74 7b7 ,clean hydrogen technology recycling research1 development1 and demonstration program 7#a7 ,in general ,in carrying out the programs established under sections #hje and #hac1 the ,secretary shall award multiyear grants to1 and enter into contracts1 cooperative agreements1 or any other agreements authorized under this ,act or other ,federal law with1 eligible entities for research1 development1 and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of clean hydrogen technologies1 including by-- 7,a7 increasing the efficiency and cost-effectiveness of the recovery of raw materials from clean hydrogen technology components and systems1 including enabling technologies such as electrolyzers and fuel cells2 7,b7 minimizing environmental impacts from the recovery and disposal processes2 7,c7 addressing any barriers to the research1 development1 demonstration1 and commercialization of technologies and processes for the disassembly and recycling of devices used for clean hydrogen production1 processing1 delivery1 storage1 and use2 7,d7 developing alternative materials1 designs1 manufacturing processes1 and other aspects of clean hydrogen technologies2 7,e7 developing alternative disassembly and resource recovery processes that enable efficient1 cost-effective1 and environmentally responsible disassembly of1 and resource recovery from1 clean hydrogen technologies2 and 7,f7 developing strategies to increase consumer acceptance of1 and participation in1 the recycling of fuel cells4 7#b7 ,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 awarded1 or contracts1 cooperative agreements1 or other agreements entered into1 under paragraph 7#a71 including any educational and outreach materials developed by the projects4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #haf4 ,clean hydrogen electrolysis program 7a7 ,definitions ,in this section3 7#a7 ,electrolysis ,the term electrolysis means a process that uses electricity to split water into hydrogen and oxygen4 7#b7 ,electrolyzer ,the term electrolyzer means a system that produces hydrogen using electrolysis4 7#c7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,not later than #ij days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall establish a research1 development1 demonstration1 commercialization1 and deployment program for purposes of commercialization to improve the efficiency1 increase the durability1 and reduce the cost of producing clean hydrogen using electrolyzers4 7c7 ,goals ,the goals of the program are-- 7#a7 to reduce the cost of hydrogen produced using electrolyzers to less than #b per kilogram of hydrogen by #bjbf2 and 7#b7 any other goals the ,secretary determines are appropriate4 7d7 ,demonstration projects ,in carrying out the program1 the ,secretary shall fund demonstration projects-- 7#a7 to demonstrate technologies that produce clean hydrogen using electrolyzers2 and 7#b7 to validate information on the cost1 efficiency1 durability1 and feasibility of commercial deployment of the technologies described in paragraph 7#a74 7e7 ,focus ,the program shall focus on research relating to1 and the development1 demonstration1 and deployment of-- 7#a7 low-temperature electrolyzers1 including liquid-alkaline electrolyzers1 membrane-based electrolyzers1 and other advanced electrolyzers1 capable of converting intermittent sources of electric power to clean hydrogen with enhanced efficiency and durability2 7#b7 high-temperature electrolyzers that combine electricity and heat to improve the efficiency of clean hydrogen production2 7#c7 advanced reversible fuel cells that combine the functionality of an electrolyzer and a fuel cell2 7#d7 new highly active1 selective1 and durable electrolyzer catalysts and electro-catalysts that-- 7,a7 greatly reduce or eliminate the need for platinum group metals2 and 7,b7 enable electrolysis of complex mixtures with impurities1 including seawater2 7#e7 modular electrolyzers for distributed energy systems and the bulk-power system 7as defined in section #bae7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdo7a7772 7#f7 low-cost membranes or electrolytes and separation materials that are durable in the presence of impurities or seawater2 7#g7 improved component design and material integration1 including with respect to electrodes1 porous transport layers and bipolar plates1 and balance-of-system components1 to allow for scale-up and domestic manufacturing of electrolyzers at a high volume2 7#h7 clean hydrogen storage technologies2 7#i7 technologies that integrate hydrogen production with-- 7,a7 clean hydrogen compression and drying technologies2 7,b7 clean hydrogen storage2 and 7,c7 transportation or stationary systems2 and 7#aj7 integrated systems that combine hydrogen production with renewable power or nuclear power generation technologies1 including hybrid systems with hydrogen storage4 7f7 ,grants1 contracts1 cooperative agreements 7#a7 ,grants ,in carrying out the program1 the ,secretary shall award grants1 on a competitive basis1 to eligible entities for projects that the ,secretary determines would provide the greatest progress toward achieving the goal of the program described in subsection 7c74 7#b7 ,contracts and cooperative agreements ,in carrying out the program1 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 7b74 7#c7 ,eligibility2 applications 7,a7 ,in general ,the eligibility of an entity to receive a grant under paragraph 7#a71 to enter into a contract or cooperative agreement under paragraph 7#b71 or to receive funding for a demonstration project under subsection 7d7 shall be determined by the ,secretary4 7,b7 ,applications ,an eligible entity desiring to receive a grant under paragraph 7#a71 to enter into a contract or cooperative agreement under paragraph 7#b71 or to receive funding for a demonstration project under subsection 7d7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the program #a1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 #hag4 ,laboratory management 7a7 ,in general ,the ,national ,energy ,technology ,laboratory1 the ,idaho ,national ,laboratory1 and the ,national ,renewable ,energy ,laboratory shall continue to work in a crosscutting manner to carry out the programs established under sections #hac and #hae4 7b7 ,coordination2 clearinghouse ,in carrying out subsection 7a71 the ,national ,energy ,technology ,laboratory shall-- 7#a7 coordinate with-- 7,a7 the ,idaho ,national ,laboratory1 the ,national ,renewable ,energy ,laboratory1 and other ,national ,laboratories in a cross-cutting manner2 7,b7 institutions of higher education2 7,c7 research institutes2 7,d7 industrial researchers2 and 7,e7 international researchers2 and 7#b7 act as a clearinghouse to collect information from1 and distribute information to1 the ,national ,laboratories and other entities described in subparagraphs 7,b7 through 7,e7 of paragraph 7#a74 4 #djcae4 ,clean hydrogen production qualifications 7a7 ,in general ,the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq47 7as amended by section #djcad7a77 is amended by adding at the end the following3 #hbb4 ,clean hydrogen production qualifications 7a7 ,in general ,not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and after taking into account input from industry and other stakeholders1 as determined by the ,secretary1 shall develop an initial standard for the carbon intensity of clean hydrogen production that shall apply to activities carried out under this title4 7b7 ,requirements 7#a7 ,in general ,the standard developed under subsection 7a7 shall-- 7,a7 support clean hydrogen production from each source described in section #hje7;e77#b72 7,b7 define the term clean hydrogen to mean hydrogen produced with a carbon intensity equal to or less than #b kilograms of carbon dioxide-equivalent produced at the site of production per kilogram of hydrogen produced2 and 7,c7 take into consideration technological and economic feasibility4 7#b7 ,adjustment ,not later than the date that is #e years after the date on which the ,secretary develops the standard under subsection 7a71 the ,secretary1 in consultation with the ,administrator of the ,environmental ,protection ,agency and after taking into account input from industry and other stakeholders1 as determined by the ,secretary1 shall-- 7,a7 determine whether the definition of clean hydrogen required under paragraph 7#a77;,b7 should be adjusted below the standard described in that paragraph2 and 7,b7 if the ,secretary determines the adjustment described in subparagraph 7,a7 is appropriate1 carry out the adjustment4 7c7 ,application ,the standard developed under subsection 7a7 shall apply to clean hydrogen production from renewable1 fossil fuel with carbon capture1 utilization1 and sequestration technologies1 nuclear1 and other fuel sources using any applicable production technology4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eii7 is amended by striking the items relating to sections #hac through #haf and inserting the following3 ,sec4 #hac4 ,regional clean hydrogen hubs4 ,sec4 #had4 ,national clean hydrogen strategy and roadmap4 ,sec4 #hae4 ,clean hydrogen manufacturing and recycling4 ,sec4 #haf4 ,clean hydrogen electrolysis program4 ,sec4 #hag4 ,laboratory management4 ,sec4 #hah4 ,technology transfer ,sec4 #hai4 ,miscellaneous provisions4 ,sec4 #hbj4 ,cost sharing4 ,sec4 #hba4 ,savings clause4 ,sec4 #hbb4 ,clean hydrogen production qualifications4 4 ,c ,nuclear energy infrastructure #djcba4 ,infrastructure planning for micro and small modular nuclear reactors 7a7 ,definitions ,in this section3 7#a7 ,advanced nuclear reactor ,the term advanced nuclear reactor has the meaning given the term in section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b774 7#b7 ,isolated community ,the term isolated community has the meaning given the term in section #hjaa7;a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agcib7;a774 7#c7 ,micro-reactor ,the term micro-reactor means an advanced nuclear reactor that has an electric power production capacity that is not greater than #ej megawatts4 7#d7 ,national ,laboratory ,the term ,national ,laboratory has the meaning given the term in section #b of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehja74 7#e7 ,small modular reactor ,the term small modular reactor means an advanced nuclear reactor-- 7,a7 with a rated capacity of less than #cjj electrical megawatts2 and 7,b7 that can be constructed and operated in combination with similar reactors at a single site4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committees on ,energy and ,commerce and ,science1 ,space1 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 reactors4 7c7 ,elements ,the report required by subsection 7b7 shall address the following3 7#a7 ,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-- 7,a7 the need to provide uninterrupted power to facilities of the ,department for at least #c days during power grid failures2 7,b7 the need for protection against cyber threats and electromagnetic pulses2 and 7,c7 resilience to extreme natural events1 including earthquakes1 volcanic activity1 tornados1 hurricanes1 floods1 tsunamis1 lahars1 landslides1 seiches1 a large quantity of snowfall1 and very low or high temperatures4 7#b7 ,a strategy of the ,department for using nuclear energy to meet resilience and carbon reduction goals of facilities of the ,department4 7#c7 ,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 fuels4 7#d7 ,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 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 failure4 7#e7 ,the plans of the ,department-- 7,a7 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 #bjbf2 7,b7 for deploying a small modular reactor to produce energy for use by a facility of the ,department in the ,united ,states by #bjbi2 and 7,c7 to include micro-reactors and small modular reactors in the planning for meeting future facility energy needs4 7d7 ,financial and technical assistance for siting micro-reactors1 small modular reactors1 and advanced nuclear reactors 7#a7 ,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-reactors1 small modular reactors1 and advanced nuclear reactors in isolated communities4 7#b7 ,requirement ,prior to providing financial and technical assistance under paragraph 7#a71 the ,secretary shall conduct robust community engagement and outreach for the purpose of identifying levels of interest in isolated communities4 7#c7 ,limitation ,the ,secretary shall not disburse more than #ej percent of the amounts available for financial assistance under this subsection to the ,national ,laboratories4 #djcbb4 ,property interests relating to certain projects and protection of information relating to certain agreements 7a7 ,property interests relating to federally funded advanced nuclear reactor projects 7#a7 ,definitions ,in this section3 7,a7 ,advanced nuclear reactor ,the term advanced nuclear reactor has the meaning given the term in section #iea7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b774 7,b7 ,property interest 7i7 ,in general ,except as provided in clause 7ii71 the term property interest means any interest in real property or personal property 7as those terms are defined in section #bjj4a of title #b1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act774 7ii7 ,exclusion ,the term property interest does not include any interest in intellectual property developed using funding provided under a project described in paragraph 7#c74 7#b7 ,assignment of property interests ,the ,secretary may assign to any entity1 including the ,united ,states1 fee title or any other property interest acquired by the ,secretary under an agreement entered into with respect to a project described in paragraph 7#c74 7#c7 ,project described ,a project referred to in paragraph 7#b7 is-- 7,a7 a project for which funding is provided pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga1 including any project for which funding has been provided pursuant to that announcement as of the date of enactment of this ,act2 7,b7 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 ,act1 #bjbj 7,public ,law #aaf-id2 #acc ,stat4 #bfgj72 7,c7 any other project for which ,federal funding is provided under the ,advanced ,reactor ,demonstration ,program of the ,department2 or 7,d7 a project-- 7i7 relating to advanced nuclear reactors2 and 7ii7 for which ,federal funding is provided under a program focused on development and demonstration4 7#d7 ,retroactive vesting ,the vesting of fee title or any other property interest assigned under paragraph 7#b7 shall be retroactive to the date on which the applicable project first received ,federal funding as described in any of subparagraphs 7,a7 through 7,d7 of paragraph 7#c74 7b7 ,considerations in cooperative research and development agreements 7#a7 ,in general ,section #ab7;c77#g77;,b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7c77#g77;,b77 is amended-- 7,a7 by inserting 7i7 after 7,b72 7,b7 in clause 7i71 as so designated1 by striking ,the director and inserting ,subject to clause 7ii71 the director2 and 7,c7 by adding at the end the following3 7,,ii7 ,the agency may authorize the director to provide appropriate protections against dissemination described in clause 7i7 for a total period of not more than #cj years if the agency determines that the nature of the information protected against dissemination1 including nuclear technology1 could reasonably require an extended period of that protection to reach commercialization4 4 7#b7 ,applicability 7,a7 ,definition ,in this subsection1 the term cooperative research and development agreement has the meaning given the term in section #ab7;d7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7d774 7,b7 ,retroactive effect ,clause 7ii7 of section #ab7;c77#g77;,b7 of the ,stevenson-,wydler ,technology ,innovation ,act of #aihj 7#ae ,u4,s4,c4 #cgaj;a7c77#g77;,b771 as added by subsection 7a7 of this section1 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 ,act4 7c7 ,department of ,energy contracts ,section #fdf7;g77#e7 of the ,department of ,energy ,organization ,act 7#db ,u4,s4,c4 #gbef7;g77#e77 is amended-- 7#a7 by striking 7#e7 ,the ,secretary and inserting the following3 7#e7 ,protection from disclosure 7,a7 ,in general ,the ,secretary 2 and 7#b7 in subparagraph 7,a7 7as so designated7-- 7,a7 by striking 1 for up to #e years after the date on which the information is developed12 and 7,b7 by striking agency4 and inserting the following3 8agency-- 7i7 for up to #e years after the date on which the information is developed2 or 7ii7 for up to #cj years after the date on which the information is developed1 if the ,secretary determines that the nature of the technology under the transaction1 including nuclear technology1 could reasonably require an extended period of protection from disclosure to reach commercialization4 7,b7 ,extension during term ,the ,secretary may extend the period of protection from disclosure during the term of any transaction described in subparagraph 7,a7 in accordance with that subparagraph4 4 #djcbc4 ,civil nuclear credit program 7a7 ,definitions ,in this section3 7#a7 ,certified nuclear reactor ,the term certified nuclear reactor means a nuclear reactor that-- 7,a7 competes in a competitive electricity market2 and 7,b7 is certified under subsection 7c77#b77;,a77i7 to submit a sealed bid in accordance with subsection 7d74 7#b7 ,credit ,the term credit means a credit allocated to a certified nuclear reactor under subsection 7e77#b74 7b7 ,establishment of program ,the ,secretary shall establish a civil nuclear credit program-- 7#a7 to evaluate nuclear reactors that are projected to cease operations due to economic factors2 and 7#b7 to allocate credits to certified nuclear reactors that are selected under paragraph 7#a77;,b7 of subsection 7e7 to receive credits under paragraph 7#b7 of that subsection4 7c7 ,certification 7#a7 ,application 7,a7 ,in general ,in order to be certified under paragraph 7#b77;,a77i71 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 time1 in such manner1 and containing such information as the ,secretary determines to be appropriate1 including-- 7i7 information on the operating costs necessary to make the determination described in paragraph 7#b77;,a77ii77,i71 including-- 7,i7 the average projected annual operating loss in dollars per megawatt-hour1 inclusive of the cost of operational and market risks1 expected to be incurred by the nuclear reactor over the #d-year period for which credits would be allocated2 7,,ii7 any private or publicly available data with respect to current or projected bulk power market prices2 7,,iii7 out-of-market revenue streams2 7,,iv7 operations and maintenance costs2 7,v7 capital costs1 including fuel2 and 7,,vi7 operational and market risks2 7ii7 an estimate of the potential incremental air pollutants that would result if the nuclear reactor were to cease operations2 7iii7 known information on the source of produced uranium and the location where the uranium is converted1 enriched1 and fabricated into fuel assemblies for the nuclear reactor for the #d-year period for which credits would be allocated2 and 7iv7 a detailed plan to sustain operations at the conclusion of the applicable #d-year period for which credits would be allocated-- 7,i7 without receiving additional credits2 or 7,,ii7 with the receipt of additional credits of a lower amount than the credits allocated during that #d-year credit period4 7,b7 ,timeline ,the ,secretary shall accept applications described in subparagraph 7,a7-- 7i7 until the date that is #abj days after the date of enactment of this ,act2 and 7ii7 not less frequently than every year thereafter4 7,c7 ,payments from ,state programs 7i7 ,in general ,the owner or operator of a nuclear reactor that receives a payment from a ,state zero-emission credit1 a ,state clean energy contract1 or any other ,state program with respect to that nuclear reactor shall be eligible to submit an application under subparagraph 7,a7 with respect to that nuclear reactor during any application period beginning after the #abj-;day period beginning on the date of enactment of this ,act4 7ii7 ,requirement ,an application submitted by an owner or operator described in clause 7i7 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 7,a77i77,i71 unless the credits allocated to the nuclear reactor pursuant to that application will be used to reduce those payments4 7#b7 ,determination to certify 7,a7 ,determination 7i7 ,in general ,not later than #fj days after the applicable date under subparagraph 7,b7 of paragraph 7#a71 the ,secretary shall determine whether to certify1 in accordance with clauses 7ii7 and 7iii71 each nuclear reactor for which an application is submitted under subparagraph 7,a7 of that paragraph4 7ii7 ,minimum requirements ,to the maximum extent practicable1 the ,secretary shall only certify a nuclear reactor under clause 7i7 if-- 7,i7 after considering the information submitted under paragraph 7#a77;,a77i71 the ,secretary determines that the nuclear reactor is projected to cease operations due to economic factors2 7,,ii7 after considering the estimate submitted under paragraph 7#a77;,a77ii71 the ,secretary determines that pollutants would increase if the nuclear reactor were to cease operations and be replaced with other types of power generation2 and 7,,iii7 the ,nuclear ,regulatory ,commission has reasonable assurance that the nuclear reactor-- 7aa7 will continue to be operated in accordance with the current licensing basis 7as defined in section #ed4c of title #aj1 ,code of ,federal ,regulations 7or successor regulations7 of the nuclear reactor2 and 7bb7 poses no significant safety hazards4 7iii7 ,priority ,in determining whether to certify a nuclear reactor under clause 7i71 the ,secretary shall give priority to a nuclear reactor that uses1 to the maximum extent available1 uranium that is produced1 converted1 enriched1 and fabricated into fuel assemblies in the ,united ,states4 7,b7 ,notice ,for each application received under paragraph 7#a77;,a71 the ,secretary shall provide to the applicable owner or operator1 as applicable-- 7i7 a notice of the certification of the applicable nuclear reactor2 or 7ii7 a notice that describes the reasons why the certification of the applicable nuclear reactor was denied4 7d7 ,bidding process 7#a7 ,in general ,subject to paragraph 7#b71 the ,secretary shall establish a deadline by which each certified nuclear reactor shall submit to the ,secretary a sealed bid that-- 7,a7 describes the price per megawatt-hour of the credits desired by the certified nuclear reactor1 which shall not exceed the average projected annual operating loss described in subsection 7c77#a77;,a77i77,i72 and 7,b7 includes a commitment1 subject to the receipt of credits1 to provide a specific number of megawatt-hours of generation during the #d-year period for which credits would be allocated4 7#b7 ,requirement ,the deadline established under paragraph 7#a7 shall be not later than #cj days after the first date on which the ,secretary has made the determination described in paragraph 7#b77;,a77i7 of subsection 7c7 with respect to each application submitted under paragraph 7#a77;,a7 of that subsection4 7e7 ,allocation 7#a7 ,auction ,notwithstanding section #afi of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bbji71 the ,secretary shall-- 7,a7 in consultation with the heads of applicable ,federal agencies1 establish a process for evaluating bids submitted under subsection 7d77#a7 through an auction process2 and 7,b7 select certified nuclear reactors to be allocated credits4 7#b7 ,credits ,subject to subsection 7f77#b71 on selection under paragraph 7#a71 a certified nuclear reactor shall be allocated credits for a #d-year period beginning on the date of the selection4 7#c7 ,requirement ,to the maximum extent practicable1 the ,secretary shall use the amounts made available for credits under this section to allocate credits to as many certified nuclear reactors as possible4 7f7 ,renewal 7#a7 ,in general ,the owner or operator of a certified nuclear reactor may seek to recertify the nuclear reactor in accordance with this section4 7#b7 ,limitation ,notwithstanding any other provision of this section1 the ,secretary may not allocate any credits after ,september #cj1 #bjca4 7g7 ,additional requirements 7#a7 ,audit ,during the #d-year period beginning on the date on which a certified nuclear reactor first receives a credit1 the ,secretary shall periodically audit the certified nuclear reactor4 7#b7 ,recapture ,the ,secretary shall1 by regulation1 provide for the recapture of the allocation of any credit to a certified nuclear reactor that1 during the period described in paragraph 7#a7-- 7,a7 terminates operations2 or 7,b7 does not operate at an annual loss in the absence of an allocation of credits to the certified nuclear reactor4 7#c7 ,confidentiality ,the ,secretary shall establish procedures to ensure that any confidential1 private1 proprietary1 or privileged information that is included in a sealed bid submitted under this section is not publicly disclosed or otherwise improperly used4 7h7 ,report ,not later than ,january #a1 #bjbd1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report with respect to the credits allocated to certified nuclear reactors1 which shall include-- 7#a7 an evaluation of the effectiveness of the credits in avoiding air pollutants while ensuring grid reliability2 7#b7 a quantification of the ratepayer savings achieved under this section2 and 7#c7 any recommendations to renew or expand the credits4 7i7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #f1jjj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 ,d ,hydropower #djcca4 ,hydroelectric production incentives ,section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha7 is amended-- 7#a7 in subsection 7b77#b71 by striking before the date of the enactment of this section and inserting before the date of enactment of the ,infrastructure ,investment and ,jobs ,act2 7#b7 in the undesignated matter following subsection 7b77#c71 by striking the date of the enactment of this section and inserting the date of enactment of the ,infrastructure ,investment and ,jobs ,act2 7#c7 in subsection 7e77#a71 in the second sentence1 by striking #gej1jjj and inserting #a1jjj1jjj2 and 7#d7 by striking subsection 7g7 and inserting the following3 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #abe1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 #djccb4 ,hydroelectric efficiency improvement incentives 7a7 ,in general ,section #bdc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb7 is amended-- 7#a7 in the section heading1 by inserting incentives after improvement2 7#b7 in subsection 7b7-- 7,a7 in the first sentence1 by striking #aj percent and inserting #cj percent2 7,b7 in the second sentence-- 7i7 by striking #gej1jjj and inserting #e1jjj1jjj2 and 7ii7 by inserting in any #a fiscal year before the period at the end2 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ge1jjj1jjj for fiscal year #bjbb to remain available until expended4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eie7 is amended by striking the item relating to section #bdc and inserting the following3 #bdc4 ,hydroelectric efficiency improvement incentives4 4 #djccc4 ,maintaining and enhancing hydroelectricity incentives 7a7 ,in general ,subtitle ,c of title ,,ii of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fgd7 is amended by adding at the end the following3 #bdg4 ,maintaining and enhancing hydroelectricity incentives 7a7 ,definition of qualified hydroelectric facility ,in this section1 the term qualified hydroelectric facility means a hydroelectric project that-- 7#a7 7,a7 is licensed by the ,federal ,energy ,regulatory ,commission2 or 7,b7 is a hydroelectric project constructed1 operated1 or maintained pursuant to a permit or valid existing right-of-way granted prior to ,june #aj1 #aibj1 or a license granted pursuant to the ,federal ,power ,act 7#af ,u4,s4,c4 #gia;a et seq472 7#b7 is placed into service before the date of enactment of this section2 and 7#c7 7,a7 is in compliance with all applicable ,federal1 ,tribal1 and ,state requirements2 or 7,b7 would be brought into compliance with the requirements described in subparagraph 7,a7 as a result of the capital improvements carried out using an incentive payment under this section4 7b7 ,incentive payments ,the ,secretary shall make incentive payments to the owners or operators of qualified hydroelectric facilities for capital improvements directly related to-- 7#a7 improving grid resiliency1 including-- 7,a7 adapting more quickly to changing grid conditions2 7,b7 providing ancillary services 7including black start capabilities1 voltage support1 and spinning reserves72 7,c7 integrating other variable sources of electricity generation2 and 7,d7 managing accumulated reservoir sediments2 7#b7 improving dam safety to ensure acceptable performance under all loading conditions 7including static1 hydrologic1 and seismic conditions71 including-- 7,a7 the maintenance or upgrade of spillways or other appurtenant structures2 7,b7 dam stability improvements1 including erosion repair and enhanced seepage controls2 and 7,c7 upgrades or replacements of floodgates or natural infrastructure restoration or protection to improve flood risk reduction2 or 7#c7 environmental improvements1 including-- 7,a7 adding or improving safe and effective fish passage1 including new or upgraded turbine technology1 fish ladders1 fishways1 and all other associated technology1 equipment1 or other fish passage technology to a qualified hydroelectric facility2 7,b7 improving the quality of the water retained or released by a qualified hydroelectric facility2 7,c7 promoting downstream sediment transport processes and habitat maintenance2 and 7,d7 improving recreational access to the project vicinity1 including roads1 trails1 boat ingress and egress1 flows to improve recreation1 and infrastructure that improves river recreation opportunity4 7c7 ,limitations 7#a7 ,costs ,incentive payments under this section shall not exceed #cj percent of the costs of the applicable capital improvement4 7#b7 ,maximum amount ,not more than #a incentive payment may be made under this section with respect to capital improvements at a single qualified hydroelectric facility in any #a fiscal year1 the amount of which shall not exceed #e1jjj1jjj4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #eec1fjj1jjj for fiscal year #bjbb1 to remain available until expended4 4 7b7 ,conforming amendment ,the table of contents for the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #eie7 is amended by inserting after the item relating to section #bdf the following3 #bdg4 ,maintaining and enhancing hydroelectricity incentives4 4 #djccd4 ,pumped storage hydropower wind and solar integration and system reliability initiative ,section #cbja of the ,energy ,policy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7 is amended-- 7#a7 by redesignating subsections 7e7 through 7g7 as subsections 7f7 through 7h71 respectively2 and 7#b7 by inserting after subsection 7d7 the following3 7e7 ,pumped storage hydropower wind and solar integration and system reliability initiative 7#a7 ,definition of eligible entity ,in this subsection1 the term eligible entity means-- 7,a7 7i7 an electric utility1 including-- 7,i7 a political subdivision of a ,state1 such as a municipally owned electric utility2 or 7,,ii7 an instrumentality of a ,state composed of municipally owned electric utilities2 7ii7 an electric cooperative2 or 7iii7 an investor-owned utility2 7,b7 an ,indian ,tribe or ,tribal organization2 7,c7 a ,state energy office2 7,d7 an institution of higher education2 and 7,e7 a consortium of the entities described in subparagraphs 7,a7 through 7,d74 7#b7 ,demonstration project 7,a7 ,in general ,not later than ,september #cj1 #bjbc1 the ,secretary shall1 to the maximum extent practicable1 enter into an agreement with an eligible entity to provide financial assistance to the eligible entity to carry out project design1 transmission studies1 power market assessments1 and permitting for a pumped storage hydropower project to facilitate the long-duration storage of intermittent renewable electricity4 7,b7 ,project requirements ,to be eligible for financial assistance under subparagraph 7,a71 a project shall-- 7i7 be designed to provide not less than #a1jjj megawatts of storage capacity2 7ii7 be able to provide energy and capacity for use in more than #a organized electricity market2 7iii7 be able to store electricity generated by intermittent renewable electricity projects located on ,tribal land2 and 7iv7 have received a preliminary permit from the ,federal ,energy ,regulatory ,commission4 7,c7 ,matching requirement ,an eligible entity receiving financial assistance under subparagraph 7,a7 shall provide matching funds equal to or greater than the amount of financial assistance provided under that subparagraph4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #b1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #djcce4 ,authority for pumped storage hydropower development using multiple ,bureau of ,reclamation reservoirs ,section #i7;c7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77 is amended-- 7#a7 in paragraph 7#a71 in the fourth sentence1 by striking 1 including small conduit hydropower development and inserting and reserve to the ,secretary the exclusive authority to develop small conduit hydropower using ,bureau of ,reclamation facilities and pumped storage hydropower exclusively using ,bureau of ,reclamation reservoirs2 and 7#b7 in paragraph 7#h71 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 #i1 #bjac1 and is still pending4 #djccf4 ,limitations on issuance of certain leases of power privilege 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,energy ,regulatory ,commission4 7#b7 ,director ,the term ,director means the ,director of the ,office of ,hearings and ,appeals4 7#c7 ,office of ,hearings and ,appeals ,the term ,office of ,hearings and ,appeals means the ,office of ,hearings and ,appeals of the ,department of the ,interior4 7#d7 ,party ,the term party1 with respect to a study plan agreement1 means each of the following parties to the study plan agreement3 7,a7 ,the proposed lessee4 7,b7 ,the ,tribes4 7#e7 ,project ,the term project means a proposed pumped storage facility that-- 7,a7 would use multiple ,bureau of ,reclamation reservoirs2 and 7,b7 as of ,june #a1 #bjag1 was subject to a preliminary permit issued by the ,commission pursuant to section #d7;f7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #gig7;f774 7#f7 ,proposed lessee ,the term proposed lessee means the proposed lessee of a project4 7#g7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#h7 ,study plan ,the term study plan means the plan described in subsection 7d77#a74 7#i7 ,study plan agreement ,the term study plan agreement means an agreement entered into under subsection 7b77#a7 and described in subsection 7c74 7#aj7 ,tribes ,the term ,tribes means-- 7,a7 the ,confederated ,tribes of the ,colville ,reservation2 and 7,b7 the ,spokane ,tribe of ,indians of the ,spokane ,reservation4 7b7 ,requirement for issuance of leases of power privilege ,the ,secretary shall not issue a lease of power privilege pursuant to section #i7;c77#a7 of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe;h7c77#a77 7as amended by section #djcce7 for a project unless-- 7#a7 the proposed lessee and the ,tribes have entered into a study plan agreement2 or 7#b7 the ,secretary or the ,director1 as applicable1 makes a final determination for-- 7,a7 a study plan agreement under subsection 7c77#b72 or 7,b7 a study plan under subsection 7d74 7c7 ,study plan agreement requirements 7#a7 ,in general ,a study plan agreement shall-- 7,a7 establish the deadlines for the proposed lessee to formally respond in writing to comments and study requests about the project previously submitted to the ,commission2 7,b7 allow for the parties to submit additional comments and study requests if any aspect of the project1 as proposed1 differs from an aspect of the project1 as described in a preapplication document provided to the ,commission2 7,c7 except as expressly agreed to by the parties or as provided in paragraph 7#b7 or subsection 7d71 require that the proposed lessee conduct each study described in-- 7i7 a study request about the project previously submitted to the ,commission2 or 7ii7 any additional study request submitted in accordance with the study plan agreement2 7,d7 require that the proposed lessee study any potential adverse economic effects of the project on the ,tribes1 including effects on-- 7i7 annual payments to the ,confederated ,tribes of the ,colville ,reservation under section #e7;b7 of the ,confederated ,tribes of the ,colville ,reservation ,grand ,coulee ,dam ,settlement ,act 7,public ,law #ajc-dcf2 #ajh ,stat4 #degi72 and 7ii7 annual payments to the ,spokane ,tribe of ,indians of the ,spokane ,reservation authorized after the date of enactment of this ,act1 the amount of which derives from the annual payments described in clause 7i72 7,e7 establish a protocol for communication and consultation between the parties2 7,f7 provide mechanisms for resolving disputes between the parties regarding implementation and enforcement of the study plan agreement2 and 7,g7 contain other provisions determined to be appropriate by the parties4 7#b7 ,disputes 7,a7 ,in general ,if the parties cannot agree to the terms of a study plan agreement or implementation of those terms1 the parties shall submit to the ,director1 for final determination on the terms or implementation of the study plan agreement1 notice of the dispute1 consistent with paragraph 7#a77;,f71 to the extent the parties have agreed to a study plan agreement4 7,b7 ,inclusion ,a dispute covered by subparagraph 7,a7 may include the view of a proposed lessee that an additional study request submitted in accordance with paragraph 7#a77;,b7 is not reasonably calculated to assist the ,secretary in evaluating the potential impacts of the project4 7,c7 ,timing ,the ,director shall issue a determination regarding a dispute under subparagraph 7,a7 not later than #abj days after the date on which the ,director receives notice of the dispute under that subparagraph4 7d7 ,study plan 7#a7 ,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-- 7,a7 identified in the study plan agreement of the proposed lessee2 or 7,b7 determined by the ,director in a final determination regarding a dispute under subsection 7c77#b74 7#b7 ,initial determination ,not later than #fj days after the date on which the ,secretary receives the study plan under paragraph 7#a71 the ,secretary shall make an initial determination that-- 7,a7 approves the study plan2 7,b7 rejects the study plan on the grounds that the study plan-- 7i7 lacks sufficient detail on a proposed methodology for a study identified in the study plan agreement2 or 7ii7 is inconsistent with the study plan agreement2 or 7,c7 imposes additional study plan requirements that the ,secretary determines are necessary to adequately define the potential effects of the project on-- 7i7 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 7ii7 the annual payments described in clauses 7i7 and 7ii7 of subsection 7c77#a77;,d72 7iii7 the ,columbia ,basin project 7as defined in section #a of the ,act of ,may #bg1 #aicg 7#ej ,stat4 #bjh1 chapter #bfi2 #eg ,stat4 #ad1 chapter #ad2 #af ,u4,s4,c4 #hce772 7iv7 historic properties and cultural or spiritually significant resources2 and 7v7 the environment4 7#c7 ,objections 7,a7 ,in general ,not later than #cj days after the date on which the ,secretary makes an initial determination under paragraph 7#b71 the ,tribes or the proposed lessee may submit to the ,director an objection to the initial determination4 7,b7 ,final determination ,not later than #abj days after the date on which the ,director receives an objection under subparagraph 7,a71 the ,director shall-- 7i7 hold a hearing on the record regarding the objection2 and 7ii7 make a final determination that establishes the study plan1 including a description of studies the proposed lessee is required to perform4 7#d7 ,no objections ,if no objections are submitted by the deadline described in paragraph 7#c77;,a71 the initial determination of the ,secretary under paragraph 7#b7 shall be final4 7e7 ,conditions of lease 7#a7 ,consistency with rights of ,tribes2 protection1 mitigation1 and enhancement of fish and wildlife 7,a7 ,in general ,any lease of power privilege issued by the ,secretary for a project under subsection 7b7 shall contain conditions-- 7i7 to ensure that the project is consistent with1 and will not interfere with1 the exercise of the paramount hunting1 fishing1 and boating rights of the ,tribes reserved pursuant to the ,act of ,june #bi1 #aidj 7#ed ,stat4 #gjc1 chapter #dfj2 #af ,u4,s4,c4 #hce;d et seq472 and 7ii7 to adequately and equitably protect1 mitigate damages to1 and enhance fish and wildlife1 including related spawning grounds and habitat1 affected by the development1 operation1 and management of the project4 7,b7 ,recommendations of the ,tribes ,the conditions required under subparagraph 7,a7 shall be based on joint recommendations of the ,tribes4 7,c7 ,resolving inconsistencies 7i7 ,in general ,if the ,secretary determines that any recommendation of the ,tribes under subparagraph 7,b7 is not reasonably calculated to ensure the project is consistent with subparagraph 7,a7 or is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq471 the ,secretary shall attempt to resolve any such inconsistency with the ,tribes1 giving due weight to the recommendations and expertise of the ,tribes4 7ii7 ,publication of findings ,if1 after an attempt to resolve an inconsistency under clause 7i71 the ,secretary does not adopt in whole or in part a recommendation of the ,tribes under subparagraph 7,b71 the ,secretary shall issue each of the following findings1 including a statement of the basis for each of the findings3 7,i7 ,a finding that adoption of the recommendation is inconsistent with the requirements of the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7,,ii7 ,a finding that the conditions selected by the ,secretary to be contained in the lease of power privilege under subparagraph 7,a7 comply with the requirements of clauses 7i7 and 7ii7 of that subparagraph4 7#b7 ,annual charges payable by licensee 7,a7 ,in general ,subject to subparagraph 7,b71 any lease of power privilege issued by the ,secretary for a project under subsection 7b7 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 project4 7,b7 ,agreement 7i7 ,in general ,the amount of the annual charges described in subparagraph 7,a7 shall be established through agreement between the proposed lessee and the ,tribes4 7ii7 ,condition ,the agreement under clause 7i71 including any modification of the agreement1 shall be deemed to be a condition to the lease of power privilege issued by the ,secretary for a project under subsection 7b74 7,c7 ,dispute resolution 7i7 ,in general ,if the proposed lessee and the ,tribes cannot agree to the terms of an agreement under subparagraph 7,b77i71 the proposed lessee and the ,tribes shall submit notice of the dispute to the ,director4 7ii7 ,resolution ,the ,director shall resolve the dispute described in clause 7i7 not later than #ahj days after the date on which the ,director receives notice of the dispute under that clause4 7#c7 ,additional conditions ,the ,secretary may include in any lease of power privilege issued by the ,secretary for a project under subsection 7b7 other conditions determined appropriate by the ,secretary1 on the condition that the conditions shall be consistent with the ,reclamation ,project ,act of #aici 7#dc ,u4,s4,c4 #dhe et seq474 7#d7 ,consultation ,in establishing conditions under this subsection1 the ,secretary shall consult with the ,tribes4 7f7 ,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-- 7#a7 at the discretion of the ,secretary or the officer2 or 7#b7 on a showing of good cause by any party4 7g7 ,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 #g of title #e1 ,united ,states ,code4 7h7 ,effect on other projects ,nothing in this section establishes any precedent or is binding on any ,bureau of ,reclamation lease of power privilege1 other than for a project4 ,e ,miscellaneous #djcda4 ,solar energy technologies on current and former mine land ,section #cjjd of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by redesignating paragraphs 7#f7 through 7#ae7 as paragraphs 7#g7 through 7#af71 respectively2 and 7,b7 by inserting after paragraph 7#e7 the following3 7#f7 ,mine land ,the term mine land means-- 7,a7 land subject to titles ,,iv and ,v of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq42 #cj ,u4,s4,c4 #abea et seq472 and 7,b7 land that has been claimed or patented subject to sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq474 2 and 7#b7 in subsection 7b77#f77;,b7-- 7,a7 in the matter preceding clause 7i71 by inserting 1 in consultation with the ,secretary of the ,interior and the ,administrator of the ,environmental ,protection ,agency for purposes of clause 7iv71 after the ,secretary2 7,b7 in clause 7iii71 by striking and after the semicolon2 7,c7 by redesignating clause 7iv7 as clause 7v72 and 7,d7 by inserting after clause 7iii7 the following3 7iv7 a description of the technical and economic viability of siting solar energy technologies on current and former mine land1 including necessary interconnection and transmission siting and the impact on local job creation2 and 4 #djcdb4 ,clean energy demonstration program on current and former mine land 7a7 ,definitions ,in this section3 7#a7 ,clean energy project ,the term clean energy project means a project that demonstrates #a or more of the following technologies3 7,a7 ,solar4 7,b7 ,micro-grids4 7,c7 ,geothermal4 7,d7 ,direct air capture4 7,e7 ,fossil-fueled electricity generation with carbon capture1 utilization1 and sequestration4 7,f7 ,energy storage1 including pumped storage hydropower and compressed air storage4 7,g7 ,advanced nuclear technologies4 7#b7 ,economically distressed area ,the term economically distressed area means an area described in section #cja7;a7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cafa7;a774 7#c7 ,mine land ,the term mine land means-- 7,a7 land subject to titles ,,iv and ,v of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq42 #cj ,u4,s4,c4 #abea et seq472 and 7,b7 land that has been claimed or patented subject to sections #bcai through #bcdd of the ,revised ,statutes 7commonly known as the ,mining ,law of #ahgb7 7#cj ,u4,s4,c4 #bb et seq474 7#d7 ,program ,the term program means the demonstration program established under subsection 7b74 7b7 ,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 land4 7c7 ,selection of demonstration projects 7#a7 ,in general ,in carrying out the program1 the ,secretary shall select not more than #e clean energy projects1 to be carried out in geographically diverse regions1 at least #b of which shall be solar projects4 7#b7 ,eligibility ,to be eligible to be selected for participation in the program under paragraph 7#a71 a clean energy project shall demonstrate1 as determined by the ,secretary1 a technology on a current or former mine land site with a reasonable expectation of commercial viability4 7#c7 ,priority ,in selecting clean energy projects for participation in the program under paragraph 7#a71 the ,secretary shall prioritize clean energy projects that will-- 7,a7 be carried out in a location where the greatest number of jobs can be created from the successful demonstration of the clean energy project2 7,b7 provide the greatest net impact in avoiding or reducing greenhouse gas emissions2 7,c7 provide the greatest domestic job creation 7both directly and indirectly7 during the implementation of the clean energy project2 7,d7 provide the greatest job creation and economic development in the vicinity of the clean energy project1 particularly-- 7i7 in economically distressed areas2 and 7ii7 with respect to dislocated workers who were previously employed in manufacturing1 coal power plants1 or coal mining2 7,e7 have the greatest potential for technological innovation and commercial deployment2 7,f7 have the lowest levelized cost of generated or stored energy2 7,g7 have the lowest rate of greenhouse gas emissions per unit of electricity generated or stored2 and 7,h7 have the shortest project time from permitting to completion4 7#d7 ,project selection ,the ,secretary shall solicit proposals for clean energy projects and select clean energy project finalists in consultation with the ,secretary of the ,interior1 the ,administrator of the ,environmental ,protection ,agency1 and the ,secretary of ,labor4 7#e7 ,compatibility with existing operations ,prior to selecting a clean energy project for participation in the program under paragraph 7#a71 the ,secretary shall consult with1 as applicable1 mining claimholders or operators or the relevant ,office of ,surface ,mining ,reclamation and ,enforcement ,abandoned ,mine ,land program office to confirm-- 7,a7 that the proposed project is compatible with any current mining1 exploration1 or reclamation activities2 and 7,b7 the valid existing rights of any mining claimholders or operators4 7d7 ,consultation ,the ,secretary shall consult with the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement and the ,administrator of the ,environmental ,protection ,agency1 acting through the ,office of ,brownfields and ,land ,revitalization1 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 sites4 7e7 ,technical assistance ,the ,secretary shall provide technical assistance to project applicants selected for participation in the program under subsection 7c7 to assess the needed interconnection1 transmission1 and other grid components and permitting and siting necessary to interconnect1 on current and former mine land where the project will be sited1 any generation or storage with the electric grid4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djcdc4 ,leases1 easements1 and rights-of-way for energy and related purposes on the outer ,continental ,shelf ,section #h7p77#a77;,c7 of the ,outer ,continental ,shelf ,lands ,act 7#dc ,u4,s4,c4 #accg7p77#a77;,c77 is amended by inserting storage1 before or transmission4 ,,iv ,enabling energy infrastructure investment and data collection ,a ,department of ,energy loan program #djdja4 ,department of ,energy loan programs 7a7 ,title ,,xvii innovative energy loan guarantee program 7#a7 ,reasonable prospect of repayment ,section #agjb7;d77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7;d77#a77 is amended-- 7,a7 by striking the paragraph designation and heading and all that follows through ,no guarantee and inserting the following3 7#a7 ,requirement 7,a7 ,in general ,no guarantee 2 and 7,b7 by adding at the end the following3 7,b7 ,reasonable prospect of repayment ,the ,secretary shall base a determination of whether there is reasonable prospect of repayment under subparagraph 7,a7 on a comprehensive evaluation of whether the borrower has a reasonable prospect of repaying the guaranteed obligation for the eligible project1 including1 as applicable1 an evaluation of-- 7i7 the strength of the contractual terms of the eligible project 7if commercially reasonably available72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary2 7iii7 cash sweeps and other structure enhancements2 7iv7 the projected financial strength of the borrower-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term after the project is completed2 7v7 the financial strength of the investors and strategic partners of the borrower1 if applicable2 and 7vi7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 4 7#b7 ,loan guarantees for projects that increase the domestically produced supply of critical minerals 7,a7 ,in general ,section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b77 is amended by adding at the end the following3 7#ac7 ,projects that increase the domestically produced supply of critical minerals 7as defined in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a771 including through the production1 processing1 manufacturing1 recycling1 or fabrication of mineral alternatives4 4 7,b7 ,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 7#ac7 of section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b774 7,c7 ,prohibition on use of previously available commitment authority ,amounts made available to the ,department of ,energy for commitments to guarantee loans under section #agjc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7 before the date of enactment of this ,act shall not be made available for commitments to guarantee loans for projects described in paragraph 7#ac7 of section #agjc7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeac7;b774 7#c7 ,conflicts of interest ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended by adding at the end the following3 7r7 ,conflicts of interest ,for each project selected for a guarantee under this title1 the ,secretary shall certify that political influence did not impact the selection of the project4 4 7b7 ,advanced technology vehicle manufacturing 7#a7 ,eligibility ,section #acf7;a77#a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;a77#a77 is amended-- 7,a7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 7,b7 by redesignating subparagraphs 7,a7 through 7,c7 as clauses 7i7 through 7iii71 respectively1 and indenting appropriately2 7,c7 in the matter preceding clause 7i7 7as so redesignated71 by striking means an ultra and inserting the following3 means-- 7,a7 an ultra 2 and 7,d7 by adding at the end the following3 7,b7 a medium duty vehicle or a heavy duty vehicle that exceeds #abe 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 #b 7#ha ,fed4 ,reg4 #gcdgh 7,october #be1 #bjaf772 7,c7 a train or locomotive2 7,d7 a maritime vessel2 7,e7 an aircraft2 and 7,f7 hyperloop technology4 4 7#b7 ,reasonable prospect of repayment ,section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77 is amended-- 7,a7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,selection of eligible projects 7,a7 ,in general ,the ,secretary shall select eligible projects to receive loans under this subsection if the ,secretary determines that-- 7i7 the loan recipient-- 7,i7 has a reasonable prospect of repaying the principal and interest on the loan2 7,,ii7 will provide sufficient information to the ,secretary for the ,secretary to ensure that the qualified investment is expended efficiently and effectively2 and 7,,iii7 has met such other criteria as may be established and published by the ,secretary2 and 7ii7 the amount of the loan 7when combined with amounts available to the loan recipient from other sources7 will be sufficient to carry out the project4 7,b7 ,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 7,a77i77,i7 on a comprehensive evaluation of whether the loan recipient has a reasonable prospect of repaying the principal and interest1 including1 as applicable1 an evaluation of-- 7i7 the strength of the contractual terms of the eligible project 7if commercially reasonably available72 7ii7 the forecast of noncontractual cash flows supported by market projections from reputable sources1 as determined by the ,secretary2 7iii7 cash sweeps and other structure enhancements2 7iv7 the projected financial strength of the loan recipient-- 7,i7 at the time of loan close2 and 7,,ii7 throughout the loan term after the project is completed2 7v7 the financial strength of the investors and strategic partners of the loan recipient1 if applicable2 and 7vi7 other financial metrics and analyses that are relied on by the private lending community and nationally recognized credit rating agencies1 as determined appropriate by the ,secretary4 2 and 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,c71 by striking and after the semicolon2 7ii7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7,e7 shall be subject to the condition that the loan is not subordinate to other financing4 4 7#c7 ,additional reforms ,section #acf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7 is amended-- 7,a7 in subsection 7b7 by striking ultra efficient vehicle manufacturers1 and component suppliers and inserting ultra efficient vehicle manufacturers1 advanced technology vehicle manufacturers1 and component suppliers2 7,b7 in subsection 7h7-- 7i7 in the subsection heading1 by striking ,automobile and inserting ,advanced technology vehicle2 and 7ii7 in paragraph 7#a77;,b71 by striking automobiles1 or components of automobiles and inserting advanced technology vehicles1 or components of advanced technology vehicles2 7,c7 by striking subsection 7i72 7,d7 by redesignating subsection 7j7 as subsection 7i72 and 7,e7 by adding at the end the following3 7j7 ,coordination ,in carrying out this section1 the ,secretary shall coordinate with relevant vehicle1 bioenergy1 and hydrogen and fuel cell demonstration project activities supported by the ,department4 7k7 ,outreach ,in carrying out this section1 the ,secretary shall-- 7#a7 provide assistance with the completion of applications for awards or loans under this section2 and 7#b7 conduct outreach1 including through conferences and online programs1 to disseminate information on awards and loans under this section to potential applicants4 7l7 ,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 7b7 or loans under subsection 7d7 for the costs of activities that were not eligible for those awards or loans on the day before that date4 7m7 ,report ,not later than #b years after the date of enactment of this subsection1 and every #c years thereafter1 the ,secretary shall submit to ,congress a report on the status of projects supported by a loan under this section1 including-- 7#a7 a list of projects receiving a loan under this section1 including the loan amount and construction status of each project2 7#b7 the status of the loan repayment for each project1 including future repayment projections2 7#c7 data regarding the number of direct and indirect jobs retained1 restored1 or created by financed projects2 7#d7 the number of new projects projected to receive a loan under this section in the next #b years1 including the projected aggregate loan amount over the next #b years2 7#e7 evaluation of ongoing compliance with the assurances and commitments1 and of the predictions1 made by applicants pursuant to paragraphs 7#b7 and 7#c7 of subsection 7d72 7#f7 the total number of applications received by the ,department each year2 and 7#g7 any other metrics the ,secretary determines appropriate4 4 7#d7 ,conflicts of interest ,section #acf7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agjac7;d77 is amended by adding at the end the following3 7#e7 ,conflicts of interest ,for each eligible project selected to receive a loan under this subsection1 the ,secretary shall certify that political influence did not impact the selection of the eligible project4 4 7c7 ,state loan eligibility 7#a7 ,definitions ,section #agja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeaa7 is amended by adding at the end the following3 7#f7 ,state ,the term ,state has the meaning given the term in section #bjb of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhjb74 7#g7 ,state energy financing institution 7,a7 ,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-- 7i7 to provide financing support or credit enhancements1 including loan guarantees and loan loss reserves1 for eligible projects2 and 7ii7 to create liquid markets for eligible projects1 including warehousing and securitization1 or take other steps to reduce financial barriers to the deployment of existing and new eligible projects4 7,b7 ,inclusion ,the term ,state energy financing institution includes an entity or organization established to achieve the purposes described in clauses 7i7 and 7ii7 of subparagraph 7,a7 by an ,indian ,tribal entity or an ,alaska ,native ,corporation4 4 7#b7 ,terms and conditions ,section #agjb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afeab7 is amended-- 7,a7 in subsection 7a71 by inserting 1 including projects receiving financial support or credit enhancements from a ,state energy financing institution1 after for projects2 7,b7 in subsection 7d77#a71 by inserting 1 including a guarantee for a project receiving financial support or credit enhancements from a ,state energy financing institution1 after ,no guarantee2 and 7,c7 by adding at the end the following3 7r7 ,state energy financing institutions 7#a7 ,eligibility ,to be eligible for a guarantee under this title1 a project receiving financial support or credit enhancements from a ,state energy financing institution-- 7,a7 shall meet the requirements of section #agjc7;a77#a72 and 7,b7 shall not be required to meet the requirements of section #agjc7;a77#b74 7#b7 ,partnerships authorized ,in carrying out a project receiving a loan guarantee under this title1 ,state energy financing institutions may enter into partnerships with private entities1 ,tribal entities1 and ,alaska ,native corporations4 7#c7 ,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 subsection4 4 7d7 ,loan guarantees for certain ,alaska natural gas transportation projects and systems ,section #aaf of the ,alaska ,natural ,gas ,pipeline ,act 7#ae ,u4,s4,c4 #gbjn7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking to ,west ,coast ,states2 and 7,b7 in paragraph 7#c71 in the second sentence1 by striking to the continental ,united ,states2 7#b7 in subsection 7b77#a71 in the first sentence1 by striking to ,west ,coast ,states2 and 7#c7 in subsection 7g77#d7-- 7,a7 by inserting by striking plants liquification plants and and inserting plants1 liquification plants1 and2 7,b7 by striking to the ,west ,coast2 and 7,c7 by striking to the continental ,united ,states4 ,b ,energy ,information ,administration #djdaa4 ,definitions ,in this subtitle3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration4 7#b7 ,annual critical minerals outlook ,the term ,annual ,critical ,minerals ,outlook means the ,annual ,critical ,minerals ,outlook prepared under section #gjjb7;j77#a77;,b7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;j77#a77;,b774 7#c7 ,critical mineral ,the term critical mineral has the meaning given the term in section #gjjb7;a7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;a774 7#d7 ,household energy burden ,the term household energy burden means the quotient obtained by dividing-- 7,a7 the residential energy expenditures 7as defined in section #ddj4c of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 of the applicable household2 by 7,b7 the annual income of that household4 7#e7 ,household with a high energy burden ,the term household with a high energy burden has the meaning given the term in section #ddj4c of title #aj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74 7#f7 ,large manufacturing facility ,the term large manufacturing facility means a manufacturing facility that-- 7,a7 annually consumes more than #ce1jjj megawatt-hours of electricity2 or 7,b7 has a peak power demand of more than #aj megawatts4 7#g7 ,load-serving entity ,the term load-serving entity has the meaning given the term in section #bag7;a7 of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbdq7a774 7#h7 ,miscellaneous electric load ,the term miscellaneous electric load means electricity that-- 7,a7 is used by an appliance or device-- 7i7 within a building2 or 7ii7 to serve a building2 and 7,b7 is not used for heating1 ventilation1 air conditioning1 lighting1 water heating1 or refrigeration4 7#i7 ,regional transmission organization ,the term ,regional ,transmission ,organization has the meaning given the term in section #c of the ,federal ,power ,act 7#af ,u4,s4,c4 #gif74 7#aj7 ,rural area ,the term rural area has the meaning given the term in section #fji7;a7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#g ,u4,s4,c4 #iah;c7a774 #djdab4 ,data collection in the electricity sector 7a7 ,dashboard 7#a7 ,establishment 7,a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,administrator shall establish an online database to track the operation of the bulk power system in the contiguous #dh ,states 7referred to in this section as the ,dashboard74 7,b7 ,improvement of existing dashboard ,the ,dashboard may be established through the improvement1 in accordance with this subsection1 of an existing dashboard of the ,energy ,information ,administration1 such as-- 7i7 the ,u4,s4 ,electric ,system ,operating ,data dashboard2 or 7ii7 the ,hourly ,electric ,grid ,monitor4 7#b7 ,expansion 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall expand the ,dashboard to include1 to the maximum extent practicable1 hourly operating data collected from the electricity balancing authorities that operate the bulk power system in all of the several ,states1 each territory of the ,united ,states1 and the ,district of ,columbia4 7,b7 ,types of data ,the hourly operating data collected under subparagraph 7,a7 may include data relating to-- 7i7 total electricity demand2 7ii7 electricity demand by subregion2 7iii7 short-term electricity demand forecasts2 7iv7 total electricity generation2 7v7 net electricity generation by fuel type1 including renewables2 7vi7 electricity stored and discharged2 7vii7 total net electricity interchange2 7viii7 electricity interchange with directly interconnected balancing authorities2 and 7ix7 where available1 the estimated marginal greenhouse gas emissions per megawatt hour of electricity generated-- 7,i7 within the metered boundaries of each balancing authority2 and 7,,ii7 for each pricing node4 7b7 ,mix of energy sources 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish1 in accordance with section #djdai and this subsection and to the extent the ,administrator determines to be appropriate1 a system to harmonize the operating data on electricity generation collected under subsection 7a7 with-- 7,a7 measurements of greenhouse gas and other pollutant emissions collected by the ,environmental ,protection ,agency2 7,b7 other data collected by the ,environmental ,protection ,agency or other relevant ,federal agencies1 as the ,administrator determines to be appropriate2 and 7,c7 data collected by ,state or regional energy credit registries4 7#b7 ,outcomes ,the system established under paragraph 7#a7 shall result in an integrated dataset that includes1 for any given time-- 7,a7 the net generation of electricity by megawatt hour within the metered boundaries of each balancing authority2 and 7,b7 where available1 the average and marginal greenhouse gas emissions by megawatt hour of electricity generated within the metered boundaries of each balancing authority4 7#c7 ,real-time data dissemination ,to the maximum extent practicable1 the system established under paragraph 7#a7 shall disseminate data-- 7,a7 on a real-time basis2 and 7,b7 through an application programming interface that is publicly accessible4 7#d7 ,complementary efforts ,the system established under paragraph 7#a7 shall complement any existing data dissemination efforts of the ,administrator that make use of electricity generation data1 such as electricity demand by subregion and electricity interchange with directly interconnected balancing authorities4 7c7 ,observed characteristics of bulk power system resource integration 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 ,states1 and the observed effects of that integration4 7#b7 ,requirements ,in carrying out paragraph 7#a71 the ,administrator shall seek to improve the temporal and spatial resolution of data relating to how grid operations are changing1 such as through-- 7,a7 thermal generator cycling to accommodate intermittent generation2 7,b7 generation unit self-scheduling practices2 7,c7 renewable source curtailment2 7,d7 utility-scale storage2 7,e7 load response2 7,f7 aggregations of distributed energy resources at the distribution system level2 7,g7 power interchange between directly connected balancing authorities2 7,h7 expanding ,regional ,transmission ,organization balancing authorities2 7,i7 improvements in real-time-- 7i7 accuracy of locational marginal prices2 and 7ii7 signals to flexible demand2 and 7,j7 disruptions to grid operations1 including disruptions caused by cyber sources1 physical sources1 extreme weather events1 or other sources4 7d7 ,distribution system operations 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 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 ,states4 7#b7 ,requirements 7,a7 ,in general ,in carrying out paragraph 7#a71 the ,administrator shall-- 7i7 not less frequently than annually1 provide data on-- 7,i7 the delivered generation resource mix for each load-serving entity2 and 7,,ii7 the distributed energy resources operating within each service area of a load-serving entity2 7ii7 harmonize the data on delivered generation resource mix described in clause 7i77,i7 with measurements of greenhouse gas emissions collected by the ,environmental ,protection ,agency2 7iii7 to the maximum extent practicable1 disseminate the data described in clause 7i77,i7 and the harmonized data described in clause 7ii7 on a real-time basis2 and 7iv7 provide historical data1 beginning with the earliest calendar year practicable1 but not later than calendar year #bjbj1 on the delivered generation resource mix described in clause 7i77,i74 7,b7 ,data on the delivered generation resource mix ,in collecting the data described in subparagraph 7,a77i77,i71 the ,administrator shall-- 7i7 use existing voluntary industry methodologies1 including reporting protocols1 databases1 and emissions and energy use tracking software that provide consistent1 timely1 and accessible carbon emissions intensity rates for delivered electricity2 7ii7 consider that generation and transmission entities may provide data on behalf of load-serving entities2 7iii7 to the extent that the ,administrator determines necessary1 and in a manner designed to protect confidential information1 require each load-serving entity to submit additional information as needed to determine the delivered generation resource mix of the load-serving entity1 including financial or contractual agreements for power and generation resource type attributes with respect to power owned by or retired by the load-serving entity2 and 7iv7 for any portion of the generation resource mix of a load-serving entity that is otherwise unaccounted for1 develop a methodology to assign to the load-serving entity a share of the otherwise unaccounted for resource mix of the relevant balancing authority4 #djdac4 ,expansion of energy consumption surveys 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall implement measures to expand the ,manufacturing ,energy ,consumption ,survey1 the ,commercial ,building ,energy ,consumption ,survey1 and the ,residential ,energy ,consumption ,survey to include data on energy end use in order to facilitate the identification of-- 7#a7 opportunities to improve energy efficiency and energy productivity2 7#b7 changing patterns of energy use2 and 7#c7 opportunities to better understand and manage miscellaneous electric loads4 7b7 ,requirements 7#a7 ,in general ,in carrying out subsection 7a71 the ,administrator shall-- 7,a7 increase the scope and frequency of data collection on energy end uses and services2 7,b7 use new data collection methods and tools in order to obtain more comprehensive data and reduce the burden on survey respondents1 including by-- 7i7 accessing other existing data sources2 and 7ii7 if feasible1 developing online and real-time reporting systems2 7,c7 identify and report community-level economic and environmental impacts1 including with respect to-- 7i7 the reliability and security of the energy supply2 and 7ii7 local areas with households with a high energy burden2 and 7,d7 improve the presentation of data1 including by-- 7i7 enabling the presentation of data in an interactive cartographic format on a national1 regional1 ,state1 and local level with the functionality of viewing various economic1 energy1 and demographic measures on an individual basis or in combination2 and 7ii7 incorporating the results of the data collection1 methods1 and tools described in subparagraphs 7,a7 and 7,b7 into existing and new digital distribution methods4 7#b7 ,manufacturing energy consumption survey ,with respect to the ,manufacturing ,energy ,consumption ,survey1 the ,administrator shall-- 7,a7 implement measures to provide more detailed representations of data by region2 7,b7 for large manufacturing facilities1 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 improvements2 7,c7 collect information on-- 7i7 energy source-switching capabilities1 especially with respect to thermal processes and the efficiency of thermal processes2 7ii7 the use of electricity1 biofuels1 hydrogen1 or other alternative fuels to produce process heat2 and 7iii7 the use of demand response2 and 7,d7 identify current and potential future industrial clusters in which multiple firms and facilities in a defined geographic area share the costs and benefits of infrastructure for clean manufacturing1 such as-- 7i7 hydrogen generation1 production1 transport1 use1 and storage infrastructure2 and 7ii7 carbon dioxide capture1 transport1 use1 and storage infrastructure4 7#c7 ,residential energy consumption survey ,with respect to the ,residential ,energy ,consumption ,survey1 the ,administrator shall-- 7,a7 implement measures to provide more detailed representations of data by-- 7i7 geographic area1 including by ,state 7for each ,state72 7ii7 building type1 including multi-family buildings2 7iii7 household income2 7iv7 location in a rural area2 and 7v7 other demographic characteristics1 as determined by the ,administrator2 and 7,b7 report measures of-- 7i7 household electrical service capacity2 7ii7 access to utility demand-side management programs and bill credits2 7iii7 characteristics of the energy mix used to generate electricity in different regions2 and 7iv7 the household energy burden for households-- 7,i7 in different geographic areas2 7,,ii7 by electricity1 heating1 and other end-uses2 and 7,,iii7 with different demographic characteristics that correlate with increased household energy burden1 including-- 7aa7 having a low household income2 7bb7 being a minority household2 7cc7 residing in manufactured or multifamily housing2 7dd7 being in a fixed or retirement income household2 7ee7 residing in rental housing2 and 7ff7 other factors1 as determined by the ,administrator4 #djdad4 ,data collection on electric vehicle integration with the electricity grids 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall develop and implement measures to expand data collection with respect to electric vehicle integration with the electricity grids4 7b7 ,sources of data ,the sources of the data collected pursuant to subsection 7a7 may include-- 7#a7 host-owned or charging-network-owned electric vehicle charging stations2 7#b7 aggregators of charging-network electricity demand2 7#c7 electric utilities offering managed-charging programs2 7#d7 individual1 corporate1 or public owners of electric vehicles2 and 7#e7 balancing authority analyses of-- 7,a7 transformer loading congestion2 and 7,b7 distribution-system congestion4 7c7 ,consultation and coordination ,in carrying out subsection 7a71 the ,administrator may consult and enter into agreements with other institutions having relevant data and data collection capabilities1 such as-- 7#a7 the ,secretary of ,transportation2 7#b7 the ,secretary2 7#c7 the ,administrator of the ,environmental ,protection ,agency2 7#d7 ,states or ,state agencies2 and 7#e7 private entities4 #djdae4 ,plan for the modeling and forecasting of demand for minerals used in the energy sector 7a7 ,plan 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator1 in coordination with the ,director of the ,united ,states ,geological ,survey1 shall develop a plan for the modeling and forecasting of demand for energy technologies1 including for energy production1 transmission1 or storage purposes1 that use minerals that are or could be designated as critical minerals4 7#b7 ,inclusions ,the plan developed under paragraph 7#a7 shall identify-- 7,a7 the type and quantity of minerals consumed1 delineated by energy technology2 7,b7 existing markets for manufactured energy-producing1 energy-transmission1 and energy-storing equipment2 and 7,c7 emerging or potential markets for new energy-producing1 energy-transmission1 and energy-storing technologies entering commercialization4 7b7 ,metrics ,the plan developed under subsection 7a77#a7 shall produce forecasts of energy technology demand-- 7#a7 over the #a-year1 #e-year1 and #aj-year periods beginning on the date on which development of the plan is completed2 7#b7 by economic sector2 and 7#c7 according to any other parameters that the ,administrator1 in collaboration with the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey1 determines are needed for the ,annual ,critical ,minerals ,outlook4 7c7 ,collaboration ,the ,administrator shall develop the plan under subsection 7a77#a7 in consultation with-- 7#a7 the ,secretary with respect to the possible trajectories of emerging energy-producing and energy-storing technologies2 and 7#b7 the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,geological ,survey-- 7,a7 to ensure coordination2 7,b7 to avoid duplicative effort2 and 7,c7 to align the analysis of demand with data and analysis of where the minerals are produced1 refined1 and subsequently processed into materials and parts that are used to build energy technologies4 #djdaf4 ,expansion of international energy data 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall implement measures to expand and improve the international energy data resources of the ,energy ,information ,administration in order to understand-- 7#a7 the production and use of energy in various countries2 7#b7 changing patterns of energy use internationally2 7#c7 the relative costs and environmental impacts of energy production and use internationally2 and 7#d7 plans for or construction of major energy facilities or infrastructure4 7b7 ,requirements ,in carrying out subsection 7a71 the ,administrator shall-- 7#a7 work with1 and leverage the data resources of1 the ,international ,energy ,agency2 7#b7 include detail on energy consumption by fuel1 economic sector1 and end use within countries for which data are available2 7#c7 collect relevant measures of energy use1 including-- 7,a7 cost2 and 7,b7 emissions intensity2 and 7#d7 provide tools that allow for straightforward country-to-country comparisons of energy production and consumption across economic sectors and end uses4 #djdag4 ,plan for the ,national ,energy ,modeling ,system ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall develop a plan to identify any need or opportunity to update or further the capabilities of the ,national ,energy ,modeling ,system1 including with respect to-- 7#a7 treating energy demand endogenously2 7#b7 increased natural gas usage and increased market penetration of renewable energy2 7#c7 flexible operating modes of nuclear power plants1 such as load following and frequency control2 7#d7 tools to model multiple-output energy systems that provide hydrogen1 high-value heat1 electricity1 and chemical synthesis services1 including interactions of those energy systems with the electricity grids1 pipeline networks1 and the broader economy2 7#e7 demand response and improved representation of energy storage1 including long-duration storage1 in capacity expansion models2 7#f7 electrification1 particularly with respect to the transportation1 industrial1 and buildings sectors2 7#g7 increasing model resolution to represent all hours of the year and all electricity generators2 7#h7 wholesale electricity market design and the appropriate valuation of all services that support the reliability of electricity grids1 such as-- 7,a7 battery storage2 and 7,b7 synthetic inertia from grid-tied inverters2 7#i7 economic modeling of the role of energy efficiency1 demand response1 electricity storage1 and a variety of distributed generation technologies2 7#aj7 the production1 transport1 use1 and storage of carbon dioxide1 hydrogen1 and hydrogen carriers2 7#aa7 greater flexibility in-- 7,a7 the modeling of the environmental impacts of electricity systems1 such as-- 7i7 emissions of greenhouse gases and other pollutants2 and 7ii7 the use of land and water resources2 and 7,b7 the ability to support climate modeling1 such as the climate modeling performed by the ,office of ,biological and ,environmental ,research in the ,office of ,science of the ,department2 7#ab7 technologies that are in an early stage of commercial deployment and have been identified by the ,secretary as candidates for large-scale demonstration projects1 such as-- 7,a7 carbon capture1 transport1 use1 and storage from any source or economic sector2 7,b7 direct air capture2 7,c7 hydrogen production1 including via electrolysis2 7,d7 synthetic and biogenic hydrocarbon liquid and gaseous fuels2 7,e7 supercritical carbon dioxide combustion turbines2 7,f7 industrial fuel cell and hydrogen combustion equipment2 and 7,g7 industrial electric boilers2 7#ac7 increased and improved data sources and tools1 including-- 7,a7 the establishment of technology and cost baselines1 including technology learning rates2 7,b7 economic and employment impacts of energy system policies and energy prices on households1 as a function of household income and region2 and 7,c7 the use of behavioral economics to inform demand modeling in all sectors2 and 7#ad7 striving to migrate toward a single1 consistent1 and open-source modeling platform1 and increasing open access to model systems1 data1 and outcomes1 for-- 7,a7 disseminating reference scenarios that can be transparently and broadly replicated2 and 7,b7 promoting the development of the researcher and analyst workforce needed to continue the development and validation of improved energy system models in the future4 #djdah4 ,report on costs of carbon abatement in the electricity sector ,not later than #bgj days after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report on-- 7#a7 the potential use of levelized cost of carbon abatement or a similar metric in analyzing generators of electricity1 including an identification of limitations and appropriate uses of the metric2 7#b7 the feasibility and impact of incorporating levelized cost of carbon abatement in long-term forecasts-- 7,a7 to compare technical approaches and understand real-time changes in fossil-fuel and nuclear dispatch2 7,b7 to compare the system-level costs of technology options to reduce emissions2 and 7,c7 to compare the costs of policy options1 including current policies1 regarding valid and verifiable reductions and removals of carbon2 and 7#c7 7,a7 a potential process to measure carbon dioxide emissions intensity per unit of output production for a range of-- 7i7 energy sources2 7ii7 sectors2 and 7iii7 geographic regions2 and 7,b7 a corresponding process to provide an empirical framework for reporting the status and costs of carbon dioxide reduction relative to specified goals4 #djdai4 ,harmonization of efforts and data ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish a system to harmonize1 to the maximum extent practicable and consistent with data integrity-- 7#a7 the data collection efforts of the ,administrator1 including any data collection required under this subtitle1 with the data collection efforts of-- 7,a7 the ,environmental ,protection ,agency1 as the ,administrator determines to be appropriate2 7,b7 other relevant ,federal agencies1 as the ,administrator determines to be appropriate2 and 7,c7 ,state or regional energy credit registries1 as the ,administrator determines to be appropriate2 7#b7 the data collected under this subtitle1 including the operating data on electricity generation collected under section #djdab7;a71 with data collected by the entities described in subparagraphs 7,a7 through 7,c7 of paragraph 7#a71 including any measurements of greenhouse gas and other pollutant emissions collected by the ,environmental ,protection ,agency1 as the ,administrator determines to be appropriate2 and 7#c7 the efforts of the ,administrator to identify and report relevant impacts1 opportunities1 and patterns with respect to energy use1 including the identification of community-level economic and environmental impacts required under section #djdac7;b77#a77;,c71 with the efforts of the ,environmental ,protection ,agency and other relevant ,federal agencies1 as determined by the ,administrator1 to identify similar impacts1 opportunities1 and patterns4 ,c ,miscellaneous #djdca4 ,consideration of measures to promote greater electrification of the transportation sector 7a7 ,in general ,section #aaa7;d7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfba7;d77 7as amended by section #djajd7;a77#a77 is amended by adding at the end the following3 7#ba7 ,electric vehicle charging programs ,each ,state shall consider measures to promote greater electrification of the transportation sector1 including the establishment of rates that-- 7,a7 promote affordable and equitable electric vehicle charging options for residential1 commercial1 and public electric vehicle charging infrastructure2 7,b7 improve the customer experience associated with electric vehicle charging1 including by reducing charging times for light-1 medium-1 and heavy-duty vehicles2 7,c7 accelerate third-party investment in electric vehicle charging for light-1 medium-1 and heavy-duty vehicles2 and 7,d7 appropriately recover the marginal costs of delivering electricity to electric vehicles and electric vehicle charging infrastructure4 4 7b7 ,compliance 7#a7 ,time limitation ,section #aab7;b7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;b77 7as amended by section #djajd7;a77#b77;,a77 is amended by adding at the end the following3 7#h7 7,a7 ,not later than #a year after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority7 and each nonregulated utility shall commence consideration under section #aaa1 or set a hearing date for consideration1 with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 7,b7 ,not later than #b years after the date of enactment of this paragraph1 each ,state regulatory authority 7with respect to each electric utility for which the ,state has ratemaking authority71 and each nonregulated electric utility shall complete the consideration and make the determination under section #aaa with respect to the standard established by paragraph 7#ba7 of section #aaa7;d74 4 7#b7 ,failure to comply ,section #aab7;c7 of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7;c77 7as amended by section #djajd7;a77#b77;,b77i77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 7#c7 ,prior state actions 7,a7 ,in general ,section #aab of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfbb7 7as amended by section #djajd7;a77#b77;,c77i77 is amended by adding at the end the following3 7h7 ,other prior ,state actions ,subsections 7b7 and 7c7 shall not apply to the standard established by paragraph 7#ba7 of section #aaa7;d7 in the case of any electric utility in a ,state if1 before the date of enactment of this subsection-- 7#a7 the ,state has implemented for the electric utility the standard 7or a comparable standard72 7#b7 the ,state regulatory authority for the ,state or the relevant nonregulated electric utility has conducted a proceeding to consider implementation of the standard 7or a comparable standard7 for the electric utility2 or 7#c7 the ,state legislature has voted on the implementation of the standard 7or a comparable standard7 for the electric utility during the #c-year period ending on that date of enactment4 4 7,b7 ,cross-reference ,section #abd of the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfcd7 7as amended by section #djajd7;a77#b77;,c77ii77,,ii77 is amended by adding at the end the following3 ,in the case of the standard established by paragraph 7#ba7 of section #aaa7;d71 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 7#ba744 #djdcb4 ,office of public participation ,section #cai of the ,federal ,power ,act 7#af ,u4,s4,c4 #hbeq-#a7 is amended-- 7#a7 in subsection 7a77#b7-- 7,a7 in subparagraph 7,a71 by striking the third sentence2 and 7,b7 in subparagraph 7,b7-- 7i7 by striking the third sentence and inserting the following3 ,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 #echb of title #e1 ,united ,states ,code42 and 7ii7 by striking the first sentence2 and 7#b7 in subsection 7b71 by striking paragraph 7#d74 #djdcc4 ,digital climate solutions report 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with appropriate ,federal agencies and relevant stakeholders1 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 solutions1 including-- 7#a7 artificial intelligence and machine learning2 7#b7 blockchain technologies and distributed ledgers2 7#c7 crowdsourcing platforms2 7#d7 the ,internet of ,things2 7#e7 distributed computing for the grid2 and 7#f7 software and systems4 7b7 ,contents ,the report required under subsection 7a7 shall include-- 7#a7 as practicable1 a full inventory and assessment of digital climate solutions2 7#b7 an analysis of how the private sector can utilize the digital tools and platforms included in the inventory under paragraph 7#a7 to accelerate digital climate solutions2 and 7#c7 a summary of opportunities to enhance the standardization of voluntary and regulatory climate disclosure protocols1 including enabling the data to be disseminated through an application programming interface that is accessible to the public4 #djdcd4 ,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 7a7 ,definition of ,executive ,order ,in this section1 the term ,executive ,order means ,executive ,order #aciij 7#hf ,fed4 ,reg4 #gjcg2 relating to protecting public health and the environment and restoring science to tackle the climate crisis74 7b7 ,study and ,report ,the ,secretary shall-- 7#a7 conduct a study to estimate-- 7,a7 the total number of jobs that were lost as a direct or indirect result of section #f of the ,executive ,order over the #aj-year period beginning on the date on which the ,executive ,order was issued2 and 7,b7 the impact on consumer energy costs that are projected to result as a direct or indirect result of section #f of the ,executive ,order over the #aj-year period beginning on the date on which the ,executive ,order was issued2 and 7#b7 not later than #ij days after the date of enactment of this ,act1 submit to ,congress a report describing the findings of the study conducted under paragraph 7#a74 #djdce4 ,study on impact of electric vehicles ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall conduct1 and submit to ,congress a report describing the results of1 a study on the cradle to grave environmental impact of electric vehicles4 #djdcf4 ,study on impact of forced labor in ,china on the electric vehicle supply chain ,not later than #abj days after the date of enactment of this ,act1 the ,secretary1 in coordination with the ,secretary of ,state and the ,secretary of ,commerce1 shall study the impact of forced labor in ,china on the electric vehicle supply chain4 ,v ,energy efficiency and building infrastructure ,a ,residential and commercial energy efficiency #djeja4 ,definitions ,in this subtitle3 7#a7 ,priority state ,the term priority ,state means a ,state that-- 7,a7 is eligible for funding under the ,state ,energy ,program2 and 7,b7 7i7 is among the #ae ,states with the highest annual per-capita combined residential and commercial sector energy consumption1 as most recently reported by the ,energy ,information ,administration2 or 7ii7 is among the #ae ,states with the highest annual per-capita energy-related carbon dioxide emissions by ,state1 as most recently reported by the ,energy ,information ,administration4 7#b7 ,program ,the term program means the program established under section #djejb7;a74 7#c7 ,state ,the term ,state means a ,state 7as defined in section #c of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbjb771 acting through a ,state energy office4 7#d7 ,state energy program ,the term ,state ,energy ,program means the ,state ,energy ,program established under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq474 #djejb4 ,energy efficiency revolving loan fund capitalization grant program 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 under the ,state ,energy ,program1 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 grants1 as applicable1 in accordance with this section4 7b7 ,distribution of funds 7#a7 ,all ,states 7,a7 ,in general ,of the amounts made available under subsection 7j71 the ,secretary shall use #dj percent to provide capitalization grants to ,states that are eligible for funding under the ,state ,energy ,program1 in accordance with the allocation formula established under section #dbj4aa of title #aj1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining ,states seeking capitalization grants under that subparagraph4 7#b7 ,priority states 7,a7 ,in general ,of the amounts made available under subsection 7j71 the ,secretary shall use #fj percent to provide supplemental capitalization grants to priority ,states in accordance with an allocation formula determined by the ,secretary4 7,b7 ,remaining funding ,after applying the allocation formula described in subparagraph 7,a71 the ,secretary shall redistribute any unclaimed funds to the remaining priority ,states seeking supplemental capitalization grants under that subparagraph4 7,c7 ,grant amount 7i7 ,maximum amount ,the amount of a supplemental capitalization grant provided to a ,state under this paragraph shall not exceed #ae1jjj1jjj4 7ii7 ,supplement not supplant ,a supplemental capitalization grant received by a ,state under this paragraph shall supplement1 not supplant1 a capitalization grant received by that ,state under paragraph 7#a74 7c7 ,applications for capitalization grants ,a ,state seeking a capitalization grant under the program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including-- 7#a7 a detailed explanation of how the grant will be used1 including a plan to establish a new revolving loan fund or use an existing revolving loan fund2 7#b7 the need of eligible recipients for loans and grants in the ,state for assistance with conducting energy audits2 7#c7 a description of the expected benefits that building infrastructure and energy system upgrades and retrofits will have on communities in the ,state2 and 7#d7 in the case of a priority ,state seeking a supplemental capitalization grant under subsection 7b77#b71 a justification for needing the supplemental funding4 7d7 ,timing 7#a7 ,in general ,the ,secretary shall establish a timeline with dates by1 or periods by the end of1 which a ,state shall-- 7,a7 on receipt of a capitalization grant under the program1 deposit the grant funds into a revolving loan fund2 and 7,b7 begin using the capitalization grant as described in subsection 7e77#a74 7#b7 ,use of grant ,under the timeline established under paragraph 7#a71 a ,state shall be required to begin using a capitalization grant not more than #ahj days after the date on which the grant is received4 7e7 ,use of grant funds 7#a7 ,in general ,a ,state that receives a capitalization grant under the program-- 7,a7 shall provide loans in accordance with paragraph 7#b72 and 7,b7 may provide grants in accordance with paragraph 7#c74 7#b7 ,loans 7,a7 ,commercial energy audit 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iv7 to conduct a commercial energy audit4 7ii7 ,audit requirements ,a commercial energy audit conducted using a loan provided under clause 7i7 shall-- 7,i7 determine the overall consumption of energy of the facility of the eligible recipient2 7,,ii7 identify and recommend lifecycle cost-effective opportunities to reduce the energy consumption of the facility of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 estimate the energy and cost savings potential of the opportunities identified in subclause 7,,ii7 using software approved by the ,secretary2 7,,iv7 identify-- 7aa7 the period and level of peak energy demand for each building within the facility of the eligible recipient2 and 7bb7 the sources of energy consumption that are contributing the most to that period of peak energy demand2 7,v7 recommend controls and management systems to reduce or redistribute peak energy consumption2 and 7,,vi7 estimate the total energy and cost savings potential for the facility of the eligible recipient if all recommended upgrades and retrofits are implemented1 using software approved by the ,secretary4 7iii7 ,additional audit inclusions ,a commercial energy audit conducted using a loan provided under clause 7i7 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 fuels1 including natural gas and hydrogen4 7iv7 ,eligible recipients ,an eligible recipient under clause 7i7 is a business that-- 7,i7 conducts the majority of its business in the ,state that provides the loan under that clause2 and 7,,ii7 owns or operates-- 7aa7 #a or more commercial buildings2 or 7bb7 commercial space within a building that serves multiple functions1 such as a building for commercial and residential operations4 7,b7 ,residential energy audits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7iv7 to conduct a residential energy audit4 7ii7 ,residential energy audit requirements ,a residential energy audit conducted using a loan under clause 7i7 shall-- 7,i7 utilize the same evaluation criteria as the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,ii7 recommend lifecycle cost-effective opportunities to reduce energy consumption within the residential building of the eligible recipient1 including through energy efficient-- 7aa7 lighting2 7bb7 heating1 ventilation1 and air conditioning systems2 7cc7 windows2 7dd7 appliances2 and 7ee7 insulation and building envelopes2 7,,iii7 recommend controls and management systems to reduce or redistribute peak energy consumption2 7,,iv7 compare the energy consumption of the residential building of the eligible recipient to comparable residential buildings in the same geographic area2 and 7,v7 provide a ,home ,energy ,score1 or equivalent score 7as determined by the ,secretary71 for the residential building of the eligible recipient by using the ,home ,energy ,score ,tool of the ,department or an equivalent scoring tool4 7iii7 ,additional audit inclusions ,a residential energy audit conducted using a loan provided under clause 7i7 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 fuels1 including natural gas and hydrogen4 7iv7 ,eligible recipients ,an eligible recipient under clause 7i7 is-- 7,i7 an individual who owns-- 7aa7 a single family home2 7bb7 a condominium or duplex2 or 7cc7 a manufactured housing unit2 or 7,,ii7 a business that owns or operates a multifamily housing facility4 7,c7 ,commercial and residential energy upgrades and retrofits 7i7 ,in general ,a ,state that receives a capitalization grant under the program may provide a loan to an eligible recipient described in clause 7ii7 to carry out upgrades or retrofits of building infrastructure and systems that-- 7,i7 are recommended in the commercial energy audit or residential energy audit1 as applicable1 completed for the building or facility of the eligible recipient2 7,,ii7 satisfy at least #a of the criteria in the ,home ,performance ,assessment used in the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 7,,iii7 improve1 with respect to the building or facility of the eligible recipient-- 7aa7 the physical comfort of the building or facility occupants2 7bb7 the energy efficiency of the building or facility2 or 7cc7 the quality of the air in the building or facility2 and 7,,iv7 7aa7 are lifecycle cost-effective2 and 7bb7 7,,aa7 reduce the energy intensity of the building or facility of the eligible recipient2 or 7,,bb7 improve the control and management of energy usage of the building or facility to reduce demand during peak times4 7ii7 ,eligible recipients ,an eligible recipient under clause 7i7 is an eligible recipient described in subparagraph 7,a77iv7 or 7,b77iv7 that-- 7,i7 has completed a commercial energy audit described in subparagraph 7,a7 or a residential energy audit described in subparagraph 7,b7 using a loan provided under the applicable subparagraph2 or 7,,ii7 has completed a commercial energy audit or residential energy audit that-- 7aa7 was not funded by a loan under this paragraph2 and 7bb7 7,,aa7 meets the requirements for the applicable audit under subparagraph 7,a7 or 7,b71 as applicable2 or 7,,bb7 the ,secretary determines is otherwise satisfactory4 7iii7 ,loan term 7,i7 ,in general ,a loan provided under this subparagraph shall be required to be fully amortized by the earlier of-- 7aa7 subject to subclause 7,,ii71 the year in which the upgrades or retrofits carried out using the loan exceed their expected useful life2 and 7bb7 #ae years after those upgrades or retrofits are installed4 7,,ii7 ,calculation ,for purposes of subclause 7,i77aa71 in the case of a loan being used to fund multiple upgrades or retrofits1 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 life4 7,d7 ,referral to qualified contractors ,following the completion of an audit under subparagraph 7,a7 or 7,b7 by an eligible recipient of a loan under the applicable subparagraph1 the ,state may refer the eligible recipient to a qualified contractor1 as determined by the ,state1 to estimate-- 7i7 the upfront capital cost of each recommended upgrade2 and 7ii7 the total upfront capital cost of implementing all recommended upgrades4 7,e7 ,loan recipients ,each ,state providing loans under this paragraph shall1 to the maximum extent practicable1 provide loans to eligible recipients that do not have access to private capital4 7#c7 ,grants and technical assistance 7,a7 ,in general ,a ,state that receives a capitalization grant under the program may use not more than #be percent of the grant funds to provide grants or technical assistance to eligible entities described in subparagraph 7,b7 to carry out the activities described in subparagraphs 7,a71 7,b71 and 7,c7 of paragraph 7#b74 7,b7 ,eligible entity ,an entity eligible for a grant or technical assistance under subparagraph 7,a7 is-- 7i7 a business that-- 7,i7 is an eligible recipient described in paragraph 7#b77;,a77iv72 and 7,,ii7 has fewer than #ejj employees2 or 7ii7 a low-income individual 7as defined in section #c of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb77 that owns a residential building4 7#d7 ,final assessment ,a ,state that provides a capitalization grant under paragraph 7#b77;,c7 to an eligible recipient described in clause 7ii7 of that paragraph may1 not later than #a year after the date on which the upgrades or retrofits funded by the grant under that paragraph are completed1 provide to the eligible recipient a loan or1 in accordance with paragraph 7#c71 a grant to conduct a final energy audit that assesses the total energy savings from the upgrades or retrofits4 7#e7 ,administrative expenses ,a ,state that receives a capitalization grant under the program may use not more than #aj percent of the grant funds for administrative expenses4 7f7 ,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 program4 7g7 ,leveraging private capital ,a ,state receiving a capitalization grant under the program shall1 to the maximum extent practicable1 use the grant to leverage private capital4 7h7 ,outreach ,the ,secretary shall engage in outreach to inform ,states of the availability of capitalization grants under the program4 7i7 ,report ,each ,state that receives a capitalization grant under the program shall1 not later than #b years after a grant is received1 submit to the ,secretary a report that describes-- 7#a7 the number of recipients to which the ,state has distributed-- 7,a7 loans for-- 7i7 commercial energy audits under subsection 7e77#b77;,a72 7ii7 residential energy audits under subsection 7e77#b77;,b72 7iii7 energy upgrades and retrofits under subsection 7e77#b77;,c72 and 7,b7 grants under subsection 7e77#c72 and 7#b7 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 7e74 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djejc4 ,energy auditor training grant program 7a7 ,definitions ,in this section3 7#a7 ,covered certification ,the term covered certification means any of the following certifications3 7,a7 ,the ,american ,society of ,heating1 ,refrigerating and ,air-,conditioning ,engineers ,building ,energy ,assessment ,professional certification4 7,b7 ,the ,association of ,energy ,engineers ,certified ,energy ,auditor certification4 7,c7 ,the ,building ,performance ,institute ,home ,energy ,professional ,energy ,auditor certification4 7,d7 ,the ,residential ,energy ,services ,network ,home ,energy ,rater certification4 7,e7 ,any other third-party certification recognized by the ,department4 7,f7 ,any third-party certification that the ,secretary determines is equivalent to the certifications described in subparagraphs 7,a7 through 7,e74 7#b7 ,eligible ,state ,the term eligible ,state means a ,state that-- 7,a7 has a demonstrated need for assistance for training energy auditors2 and 7,b7 meets any additional criteria determined necessary by the ,secretary4 7b7 ,establishment ,under the ,state ,energy ,program1 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 buildings4 7c7 ,applications 7#a7 ,in general ,a ,state seeking a grant under subsection 7b7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including the energy auditor training program plan described in paragraph 7#b74 7#b7 ,energy auditor training program plan ,an energy auditor training program plan submitted with an application under paragraph 7#a7 shall include-- 7,a7 7i7 a proposed training curriculum for energy audit trainees2 and 7ii7 an identification of the covered certification that those trainees will receive on completion of that training curriculum2 7,b7 the expected per-individual cost of training2 7,c7 a plan for connecting trainees with employment opportunities2 and 7,d7 any additional information required by the ,secretary4 7d7 ,amount of grant ,the amount of a grant awarded to an eligible ,state under subsection 7b7-- 7#a7 shall be determined by the ,secretary1 taking into account the population of the eligible ,state2 and 7#b7 shall not exceed #b1jjj1jjj for any eligible ,state4 7e7 ,use of funds 7#a7 ,in general ,an eligible ,state that receives a grant under subsection 7b7 shall use the grant funds-- 7,a7 to cover any cost associated with individuals being trained or certified to conduct energy audits by-- 7i7 the ,state2 or 7ii7 a ,state-certified third party training program2 and 7,b7 subject to paragraph 7#b71 to pay the wages of a trainee during the period in which the trainee receives training and certification4 7#b7 ,limitation ,not more than #aj percent of grant funds provided under subsection 7b7 to an eligible ,state may be used for the purpose described in paragraph 7#a77;,b74 7f7 ,consultation ,in carrying out this section1 the ,secretary shall consult with the ,secretary of ,labor4 7g7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 ,b ,buildings #djeaa4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,in general ,title ,,iii of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhca et seq47 is amended by adding at the end the following3 #cji4 ,cost-effective codes implementation for efficiency and resilience 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a relevant ,state agency1 as determined by the ,secretary1 such as a ,state building code agency1 ,state energy office1 or ,tribal energy office2 and 7,b7 a partnership4 7#b7 ,partnership ,the term partnership means a partnership between an eligible entity described in paragraph 7#a77;,a7 and #a or more of the following entities3 7,a7 ,local building code agencies4 7,b7 ,codes and standards developers4 7,c7 ,associations of builders and design and construction professionals4 7,d7 ,local and utility energy efficiency programs4 7,e7 ,consumer1 energy efficiency1 and environmental advocates4 7,f7 ,other entities1 as determined by the ,secretary4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,energy4 7b7 ,establishment 7#a7 ,in general ,the ,secretary shall establish within the ,building ,technologies ,office of the ,department of ,energy a program under which the ,secretary shall award grants on a competitive basis to eligible entities to enable sustained cost-effective implementation of updated building energy codes4 7#b7 ,updated building energy code ,an update to a building energy code under this section1 including an amendment that results in increased efficiency compared to the previously adopted building energy code1 shall include any update made available after the existing building energy code1 even if it is not the most recent updated code available4 7c7 ,criteria2 priority ,in awarding grants under subsection 7b71 the ,secretary shall-- 7#a7 consider-- 7,a7 prospective energy savings and plans to measure the savings1 including utilizing the ,environmental ,protection ,agency ,portfolio ,manager1 the ,home ,energy ,score rating of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 the ,energy ,star ,building rating methodologies of the ,environmental ,protection ,agency1 and other methodologies determined appropriate by the ,secretary2 7,b7 the long-term sustainability of those measures and savings2 7,c7 prospective benefits1 and plans to assess the benefits1 including benefits relating to-- 7i7 resilience and peak load reduction2 7ii7 occupant safety and health2 and 7iii7 environmental performance2 7,d7 the demonstrated capacity of the eligible entity to carry out the proposed project2 and 7,e7 the need of the eligible entity for assistance2 and 7#b7 give priority to applications from partnerships4 7d7 ,eligible activities 7#a7 ,in general ,an eligible entity awarded a grant under this section may use the grant funds-- 7,a7 to create or enable ,state or regional partnerships to provide training and materials to-- 7i7 builders1 contractors and subcontractors1 architects1 and other design and construction professionals1 relating to meeting updated building energy codes in a cost-effective manner2 and 7ii7 building code officials1 relating to improving implementation of and compliance with building energy codes2 7,b7 to collect and disseminate quantitative data on construction and codes implementation1 including code pathways1 performance metrics1 and technologies used2 7,c7 to develop and implement a plan for highly effective codes implementation1 including measuring compliance2 7,d7 to address various implementation needs in rural1 suburban1 and urban areas2 and 7,e7 to implement updates in energy codes for-- 7i7 new residential and commercial buildings 7including multifamily buildings72 and 7ii7 additions and alterations to existing residential and commercial buildings 7including multifamily buildings74 7#b7 ,related topics ,training and materials provided using a grant under this section may include information on the relationship between energy codes and-- 7,a7 cost-effective1 high-performance1 and zero-net-energy buildings2 7,b7 improving resilience1 health1 and safety2 7,c7 water savings and other environmental impacts2 and 7,d7 the economic impacts of energy codes4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #bbe1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 4 7b7 ,conforming amendment ,section #cjc of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhcb7 is amended1 in the matter preceding paragraph 7#a71 by striking ,as used in and inserting ,except as otherwise provided1 in4 #djeab4 ,building1 training1 and assessment centers 7a7 ,in general ,the ,secretary shall provide grants to institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 and ,tribal ,colleges or ,universities 7as defined in section #caf7;b7 of that ,act 7#bj ,u4,s4,c4 #ajei;c7b777 to establish building training and assessment centers-- 7#a7 to identify opportunities for optimizing energy efficiency and environmental performance in buildings2 7#b7 to promote the application of emerging concepts and technologies in commercial and institutional buildings2 7#c7 to train engineers1 architects1 building scientists1 building energy permitting and enforcement officials1 and building technicians in energy-efficient design and operation2 7#d7 to assist institutions of higher education and ,tribal ,colleges or ,universities in training building technicians2 7#e7 to promote research and development for the use of alternative energy sources and distributed generation to supply heat and power for buildings1 particularly energy-intensive buildings2 and 7#f7 to coordinate with and assist ,state-accredited technical training centers1 community colleges1 ,tribal ,colleges or ,universities1 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 ,states4 7b7 ,coordination and nonduplication 7#a7 ,in general ,the ,secretary shall coordinate the program with the industrial research and assessment centers program under section #deg of the ,energy ,independence and ,security ,act of #bjjg 7as added by section #djeba7;b77 and with other ,federal programs to avoid duplication of effort4 7#b7 ,collocation ,to the maximum extent practicable1 building1 training1 and assessment centers established under this section shall be collocated with industrial research and assessment centers 7as defined in section #djeca74 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djeac4 ,career skills training 7a7 ,definition of eligible entity ,in this section1 the term eligible entity means a nonprofit partnership that-- 7#a7 includes the equal participation of industry1 including public or private employers1 and labor organizations1 including joint labor-management training programs2 7#b7 may include workforce investment boards1 community-based organizations1 qualified service and conservation corps1 educational institutions1 small businesses1 cooperatives1 ,state and local veterans agencies1 and veterans service organizations2 and 7#c7 demonstrates-- 7,a7 experience in implementing and operating worker skills training and education programs2 7,b7 the ability to identify and involve in training programs carried out under this section1 target populations of individuals who would benefit from training and be actively involved in activities relating to energy efficiency and renewable energy industries2 and 7,c7 the ability to help individuals achieve economic self-sufficiency4 7b7 ,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 an industry-related certification to install energy efficient buildings technologies4 7c7 ,federal share ,the ,federal share of the cost of carrying out a career skills training program described in subsection 7b7 shall be #ej percent4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #aj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djead4 ,commercial building energy consumption information sharing 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,energy ,information ,administration4 7#b7 ,agreement ,the term ,agreement means the agreement entered into under subsection 7b74 7#c7 ,survey ,the term ,survey means the ,commercial ,building ,energy ,consumption ,survey4 7b7 ,authorization of agreement ,not later than #abj days after the date of enactment of this ,act1 the ,administrator and the ,administrator of the ,environmental ,protection ,agency shall sign1 and submit to ,congress1 an information sharing agreement relating to commercial building energy consumption data4 7c7 ,content of agreement ,the ,agreement shall-- 7#a7 provide1 to the extent permitted by law1 that-- 7,a7 the ,administrator shall have access to building-specific data in the ,portfolio ,manager database of the ,environmental ,protection ,agency2 and 7,b7 the ,administrator of the ,environmental ,protection ,agency shall have access to building-specific data collected by the ,survey2 7#b7 describe the manner in which the ,administrator shall use the data described in paragraph 7#a7 and subsection 7d72 7#c7 describe and compare-- 7,a7 the methodologies that the ,energy ,information ,administration1 the ,environmental ,protection ,agency1 and ,state and local government managers use to maximize the quality1 reliability1 and integrity of data collected through the ,survey1 the ,portfolio ,manager database of the ,environmental ,protection ,agency1 and ,state and local building energy disclosure laws 7including regulations71 respectively1 and the manner in which those methodologies can be improved2 and 7,b7 consistencies and variations in data for the same buildings captured in-- 7i7 7,i7 the #bjah ,survey cycle2 and 7,,ii7 each subsequent ,survey cycle2 and 7ii7 the ,portfolio ,manager database of the ,environmental ,protection ,agency2 and 7#d7 consider whether1 and the methods by which1 the ,administrator may collect and publish new iterations of ,survey data every #c years-- 7,a7 using the ,survey processes of the ,administrator2 or 7,b7 as supplemented by information in the ,portfolio ,manager database of the ,environmental ,protection ,agency4 7d7 ,data ,the data referred in subsection 7c77#b7 includes data that-- 7#a7 is collected through the ,portfolio ,manager database of the ,environmental ,protection ,agency2 7#b7 is required to be publicly available on the internet under ,state and local government building energy disclosure laws 7including regulations72 and 7#c7 includes information on private sector buildings that are not less than #bej1jjj square feet4 7e7 ,protection of information ,in carrying out the agreement1 the ,administrator and the ,administrator of the ,environmental ,protection ,agency shall protect information in accordance with-- 7#a7 section #eeb7;b77#d7 of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 7#b7 subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code2 and 7#c7 any other applicable law 7including regulations74 ,c ,industrial energy efficiency ,i ,industry #djeba4 ,future of industry program and industrial research and assessment centers 7a7 ,future of industry program 7#a7 ,in general ,section #deb of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa7 is amended-- 7,a7 by striking the section heading and inserting the following3 future of industry program2 7,b7 in subsection 7a77#b7-- 7i7 by redesignating subparagraph 7,e7 as subparagraph 7,f72 and 7ii7 by inserting after subparagraph 7,d7 the following3 7,e7 water and wastewater treatment facilities1 including systems that treat municipal1 industrial1 and agricultural waste2 and 2 7,c7 by striking subsection 7e72 and 7,d7 by redesignating subsection 7f7 as subsection 7e74 7#b7 ,conforming amendment ,section #ded7;b77#b77;,c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;b77#b77;,c77 is amended by striking energy-intensive industries and inserting ,future of ,industry4 7b7 ,industrial research and assessment centers ,subtitle ,d of title ,,iv of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq47 is amended by adding at the end the following3 #deg4 ,industrial research and assessment centers 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a project-- 7,a7 that has been recommended in an energy assessment described in paragraph 7#b77;,a7 conducted for an eligible entity2 and 7,b7 with respect to which the plant site of that eligible entity-- 7i7 improves-- 7,i7 energy efficiency2 7,,ii7 material efficiency2 7,,iii7 cybersecurity2 or 7,,iv7 productivity2 or 7ii7 reduces-- 7,i7 waste production2 7,,ii7 greenhouse gas emissions2 or 7,,iii7 nongreenhouse gas pollution4 7#b7 ,eligible entity ,the term eligible entity means a small- or medium-sized manufacturer that has had an energy assessment completed by-- 7,a7 an industrial research and assessment center2 7,b7 a ,department of ,energy ,combined ,heat and ,power ,technical ,assistance ,partnership jointly with an industrial research and assessment center2 or 7,c7 a third-party assessor that provides an assessment equivalent to an assessment described in subparagraph 7,a7 or 7,b71 as determined by the ,secretary4 7#c7 ,energy service provider ,the term energy service provider means-- 7,a7 any business providing technology or services to improve the energy efficiency1 water efficiency1 power factor1 or load management of a manufacturing site or other industrial process in an energy-intensive industry 7as defined in section #deb7;a772 and 7,b7 any utility operating under a utility energy service project4 7#d7 ,industrial research and assessment center ,the term industrial research and assessment center means-- 7,a7 an institution of higher education-based industrial research and assessment center that is funded by the ,secretary under subsection 7b72 and 7,b7 an industrial research and assessment center at a trade school1 community college1 or union training program that is funded by the ,secretary under subsection 7f74 7#e7 ,program ,the term ,program means the program for implementation grants established under subsection 7i77#a74 7#f7 ,small- or medium-sized manufacturer ,the term small- or medium-sized manufacturer means a manufacturing firm-- 7,a7 the gross annual sales of which are less than #ajj1jjj1jjj2 7,b7 that has fewer than #ejj employees at the plant site of the manufacturing firm2 and 7,c7 the annual energy bills of which total more than #ajj1jjj but less than #c1ejj1jjj4 7b7 ,institution of higher education-based industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to institution of higher education-based industrial research and assessment centers4 7#b7 ,purpose ,the purpose of each institution of higher education-based industrial research and assessment center shall be-- 7,a7 to provide in-depth assessments of small- and medium-sized manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant sites2 7,b7 to identify opportunities for optimizing energy efficiency and environmental performance1 including implementation of-- 7i7 smart manufacturing2 7ii7 energy management systems2 7iii7 sustainable manufacturing2 7iv7 information technology advancements for supply chain analysis1 logistics1 system monitoring1 industrial and manufacturing processes1 and other purposes2 and 7v7 waste management systems2 7,c7 to promote applications of emerging concepts and technologies in small- and medium-sized manufacturers 7including water and wastewater treatment facilities and federally owned manufacturing facilities72 7,d7 to promote research and development for the use of alternative energy sources to supply heat1 power1 and new feedstocks for energy-intensive industries2 7,e7 to coordinate with appropriate ,federal and ,state research offices2 7,f7 to provide a clearinghouse for industrial process and energy efficiency technical assistance resources2 and 7,g7 to coordinate with ,state-accredited technical training centers and community colleges1 while ensuring appropriate services to all regions of the ,united ,states4 7c7 ,coordination ,to increase the value and capabilities of the industrial research and assessment centers1 the centers shall-- 7#a7 coordinate with ,manufacturing ,extension ,partnership ,centers of the ,national ,institute of ,standards and ,technology2 7#b7 coordinate with the ,federal ,energy ,management ,program and the ,building ,technologies ,office of the ,department of ,energy to provide building assessment services to manufacturers2 7#c7 increase partnerships with the ,national ,laboratories of the ,department of ,energy to leverage the expertise1 technologies1 and research and development capabilities of the ,national ,laboratories for national industrial and manufacturing needs2 7#d7 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 efficiency1 power factor1 and load management2 7#e7 identify opportunities for reducing greenhouse gas emissions and other air emissions2 and 7#f7 promote sustainable manufacturing practices for small- and medium-sized manufacturers4 7d7 ,outreach ,the ,secretary shall provide funding for-- 7#a7 outreach activities by the industrial research and assessment centers to inform small- and medium-sized manufacturers of the information1 technologies1 and services available2 and 7#b7 coordination activities by each industrial research and assessment center to leverage efforts with-- 7,a7 ,federal1 ,state1 and ,tribal efforts2 7,b7 the efforts of utilities and energy service providers2 7,c7 the efforts of regional energy efficiency organizations2 and 7,d7 the efforts of other industrial research and assessment centers4 7e7 ,centers of excellence 7#a7 ,establishment ,the ,secretary shall establish a ,center of ,excellence at not more than #e of the highest-performing industrial research and assessment centers1 as determined by the ,secretary4 7#b7 ,duties ,a ,center of ,excellence shall coordinate with and advise the industrial research and assessment centers located in the region of the ,center of ,excellence1 including-- 7,a7 by mentoring new directors and staff of the industrial research and assessment centers with respect to-- 7i7 the availability of resources2 and 7ii7 best practices for carrying out assessments1 including through the participation of the staff of the ,center of ,excellence in assessments carried out by new industrial research and assessment centers2 7,b7 by providing training to staff and students at the industrial research and assessment centers on new technologies1 practices1 and tools to expand the scope and impact of the assessments carried out by the centers2 7,c7 by assisting the industrial research and assessment centers with specialized technical opportunities1 including by providing a clearinghouse of available expertise and tools to assist the centers and clients of the centers in assessing and implementing those opportunities2 7,d7 by identifying and coordinating with regional1 ,state1 local1 ,tribal1 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 regional1 ,state1 local1 and utility energy efficiency programs that could aid the industrial facilities in implementing any recommendations resulting from the assessments2 7,e7 by facilitating coordination between the industrial research and assessment centers and other ,federal programs described in paragraphs 7#a7 through 7#c7 of subsection 7c72 and 7,f7 by coordinating the outreach activities of the industrial research and assessment centers under subsection 7d77#a74 7#c7 ,funding ,for each fiscal year1 out of any amounts made available to carry out this section under subsection 7j71 the ,secretary shall use not less than #ejj1jjj to support each ,center of ,excellence4 7f7 ,expansion of industrial research and assessment centers 7#a7 ,in general ,the ,secretary shall provide funding to establish additional industrial research and assessment centers at trade schools1 community colleges1 and union training programs4 7#b7 ,purpose 7,a7 ,in general ,subject to subparagraph 7,b71 to the maximum extent practicable1 an industrial research and assessment center established under paragraph 7#a7 shall have the same purpose as an institution of higher education-based industrial research center that is funded by the ,secretary under subsection 7b77#a74 7,b7 ,consideration of capabilities ,in evaluating or establishing the purpose of an industrial research and assessment center established under paragraph 7#a71 the ,secretary shall take into consideration the varying capabilities of trade schools1 community colleges1 and union training programs4 7g7 ,workforce training 7#a7 ,internships ,the ,secretary shall pay the ,federal share of associated internship programs under which students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers4 7#b7 ,apprenticeships ,the ,secretary shall pay the ,federal share of associated apprenticeship programs under which-- 7,a7 students work with or for industries1 manufacturers1 and energy service providers to implement the recommendations of industrial research and assessment centers2 and 7,b7 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 savings4 7#c7 ,federal share ,the ,federal share of the cost of carrying out internship programs described in paragraph 7#a7 and apprenticeship programs described in paragraph 7#b7 shall be #ej percent4 7h7 ,small business loans ,the ,administrator of the ,small ,business ,administration shall1 to the maximum extent practicable1 expedite consideration of applications from eligible small business concerns for loans under the ,small ,business ,act 7#ae ,u4,s4,c4 #fca et seq47 to implement recommendations developed by the industrial research and assessment centers4 7i7 ,implementation grants 7#a7 ,in general ,the ,secretary shall establish a program under which the ,secretary shall provide grants to eligible entities to implement covered projects4 7#b7 ,application ,an eligible entity seeking a grant under the ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require1 including a demonstration of need for financial assistance to implement the proposed covered project4 7#c7 ,priority ,in awarding grants under the ,program1 the ,secretary shall give priority to eligible entities that-- 7,a7 have had an energy assessment completed by an industrial research and assessment center2 and 7,b7 propose to carry out a covered project with a greater potential for-- 7i7 energy efficiency gains2 or 7ii7 greenhouse gas emissions reductions4 7#d7 ,grant amount 7,a7 ,maximum amount ,the amount of a grant provided to an eligible entity under the ,program shall not exceed #cjj1jjj4 7,b7 ,federal share ,a grant awarded under the ,program for a covered project shall be in an amount that is not more than #ej percent of the cost of the covered project4 7,c7 ,supplement ,a grant received by an eligible entity under the ,program shall supplement1 not supplant1 any private or ,state funds available to the eligible entity to carry out the covered project4 7j7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary for the period of fiscal years #bjbb through #bjbf-- 7#a7 #aej1jjj1jjj to carry out subsections 7a7 through 7h72 and 7#b7 #djj1jjj1jjj to carry out subsection 7i74 4 7c7 ,clerical amendment ,the table of contents of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 prec4 #agjja7 is amended by adding at the end of the items relating to subtitle ,d of title ,,iv the following3 ,sec4 #deg4 ,industrial research and assessment centers4 4 #djebb4 ,sustainable manufacturing initiative 7a7 ,in general ,part ,e of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda et seq47 is amended by adding at the end the following3 #cgf4 ,sustainable manufacturing initiative 7a7 ,in general ,as part of the ,office of ,energy ,efficiency and ,renewable ,energy of the ,department of ,energy1 the ,secretary1 on the request of a manufacturer1 shall carry out onsite technical assessments to identify opportunities for-- 7#a7 maximizing the energy efficiency of industrial processes and cross-cutting systems2 7#b7 preventing pollution and minimizing waste2 7#c7 improving efficient use of water in manufacturing processes2 7#d7 conserving natural resources2 and 7#e7 achieving such other goals as the ,secretary determines to be appropriate4 7b7 ,coordination ,to implement any recommendations resulting from an onsite technical assessment carried out under subsection 7a7 and to accelerate the adoption of new and existing technologies and processes that improve energy efficiency1 the ,secretary shall coordinate with-- 7#a7 the ,advanced ,manufacturing ,office of the ,department of ,energy2 7#b7 the ,building ,technologies ,office of the ,department of ,energy2 7#c7 the ,federal ,energy ,management ,program of the ,department of ,energy2 and 7#d7 the private sector and other appropriate agencies1 including the ,national ,institute of ,standards and ,technology4 7c7 ,research and development program for sustainable manufacturing and industrial technologies and processes ,as part of the industrial efficiency programs of the ,department of ,energy1 the ,secretary shall carry out a joint industry-government partnership program to research1 develop1 and demonstrate new sustainable manufacturing and industrial technologies and processes that maximize the energy efficiency of industrial plants1 reduce pollution1 and conserve natural resources4 4 7b7 ,clerical amendment ,the table of contents of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 prec4 #fbja7 is amended by adding at the end of the items relating to part ,e of title ,,iii the following3 #cgf4 ,sustainable manufacturing initiative4 4 ,,ii ,smart manufacturing #djeca4 ,definitions ,in this part3 7#a7 ,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 performance1 including energy efficiency1 security1 use1 and consumption4 7#b7 ,industrial research and assessment center ,the term industrial research and assessment center means a center located at an institution of higher education1 a trade school1 a community college1 or a union training program that-- 7,a7 receives funding from the ,department2 7,b7 provides an in-depth assessment of small- and medium-size manufacturer plant sites to evaluate the facilities1 services1 and manufacturing operations of the plant site2 and 7,c7 identifies opportunities for potential savings for small- and medium-size manufacturer plant sites from energy efficiency improvements1 waste minimization1 pollution prevention1 and productivity improvement4 7#c7 ,information and communication technology ,the term information and communication technology means any electronic system or equipment 7including the content contained in the system or equipment7 used to create1 convert1 communicate1 or duplicate data or information1 including computer hardware1 firmware1 software1 communication protocols1 networks1 and data interfaces4 7#d7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a774 7#e7 ,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 collecting1 analyzing1 and publishing statistical data relating to the business economy of the ,united ,states4 7#f7 ,small and medium manufacturers ,the term small and medium manufacturers means manufacturing firms-- 7,a7 classified in the ,north ,american ,industry ,classification ,system as any of sectors #ca through #cc2 7,b7 with gross annual sales of less than #ajj1jjj1jjj2 7,c7 with fewer than #ejj employees at the plant site2 and 7,d7 with annual energy bills totaling more than #ajj1jjj and less than #c1ejj1jjj4 7#g7 ,smart manufacturing ,the term smart manufacturing means advanced technologies in information1 automation1 monitoring1 computation1 sensing1 modeling1 artificial intelligence1 analytics1 and networking that-- 7,a7 digitally-- 7i7 simulate manufacturing production lines2 7ii7 operate computer-controlled manufacturing equipment2 7iii7 monitor and communicate production line status2 and 7iv7 manage and optimize energy productivity and cost throughout production2 7,b7 model1 simulate1 and optimize the energy efficiency of a factory building2 7,c7 monitor and optimize building energy performance2 7,d7 model1 simulate1 and optimize the design of energy efficient and sustainable products1 including the use of digital prototyping and additive manufacturing to enhance product design2 7,e7 connect manufactured products in networks to monitor and optimize the performance of the networks1 including automated network operations2 and 7,f7 digitally connect the supply chain network4 #djecb4 ,leveraging existing agency programs to assist small and medium manufacturers ,the ,secretary shall expand the scope of technologies covered by the industrial research and assessment centers of the ,department-- 7#a7 to include smart manufacturing technologies and practices2 and 7#b7 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 practices1 including energy management systems1 to manufacturers4 #djecc4 ,leveraging smart manufacturing infrastructure at ,national ,laboratories 7a7 ,study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary shall conduct a study on how the ,department can increase access to existing high-performance computing resources in the ,national ,laboratories1 particularly for small and medium manufacturers4 7#b7 ,inclusions ,in identifying ways to increase access to ,national ,laboratories under paragraph 7#a71 the ,secretary shall-- 7,a7 focus on increasing access to the computing facilities of the ,national ,laboratories2 and 7,b7 ensure that-- 7i7 the information from the manufacturer is protected2 and 7ii7 the security of the ,national ,laboratory facility is maintained4 7#c7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report describing the results of the study4 7b7 ,actions for increased access ,the ,secretary shall facilitate access to the ,national ,laboratories studied under subsection 7a7 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 ,states4 #djecd4 ,state manufacturing leadership 7a7 ,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 technologies4 7b7 ,applications 7#a7 ,in general ,to be eligible to receive financial assistance under this section1 a ,state shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,criteria ,the ,secretary shall evaluate an application for financial assistance under this section on the basis of merit using criteria identified by the ,secretary1 including-- 7,a7 technical merit1 innovation1 and impact2 7,b7 research approach1 workplan1 and deliverables2 7,c7 academic and private sector partners2 and 7,d7 alternate sources of funding4 7c7 ,requirements 7#a7 ,term ,the term of an award of financial assistance under this section shall not exceed #c years4 7#b7 ,maximum amount ,the amount of an award of financial assistance under this section shall be not more than #b1jjj1jjj4 7#c7 ,matching requirement ,each ,state that receives financial assistance under this section shall contribute matching funds in an amount equal to not less than #cj percent of the amount of the financial assistance4 7d7 ,use of funds ,a ,state may use financial assistance provided under this section-- 7#a7 to facilitate access to high-performance computing resources for small and medium manufacturers2 and 7#b7 to provide assistance to small and medium manufacturers to implement smart manufacturing technologies and practices4 7e7 ,evaluation ,the ,secretary shall conduct semiannual evaluations of each award of financial assistance under this section-- 7#a7 to determine the impact and effectiveness of programs funded with the financial assistance2 and 7#b7 to provide guidance to ,states on ways to better execute the program of the ,state4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djece4 ,report ,the ,secretary annually shall submit to ,congress and make publicly available a report on the progress made in advancing smart manufacturing in the ,united ,states4 ,d ,schools and nonprofits #djeda4 ,grants for energy efficiency improvements and renewable energy improvements at public school facilities 7a7 ,definitions ,in this section3 7#a7 ,alternative fueled vehicle ,the term alternative fueled vehicle has the meaning given the term in section #cja of the ,energy ,policy ,act of #aiib 7#db ,u4,s4,c4 #acbaa74 7#b7 ,alternative fueled vehicle infrastructure ,the term alternative fueled vehicle infrastructure means infrastructure used to charge or fuel an alternative fueled vehicle4 7#c7 ,eligible entity ,the term eligible entity means a consortium of-- 7,a7 #a local educational agency2 and 7,b7 #a or more-- 7i7 schools2 7ii7 nonprofit organizations that have the knowledge and capacity to partner and assist with energy improvements2 7iii7 for-profit organizations that have the knowledge and capacity to partner and assist with energy improvements2 or 7iv7 community partners that have the knowledge and capacity to partner and assist with energy improvements4 7#d7 ,energy improvement ,the term energy improvement means-- 7,a7 any improvement1 repair1 or renovation to a school that results in a direct reduction in school energy costs1 including improvements to the envelope1 air conditioning system1 ventilation system1 heating system1 domestic hot water heating system1 compressed air system1 distribution system1 lighting system1 power system1 and controls of a building2 7,b7 any improvement1 repair1 or renovation to1 or installation in1 a school that-- 7i7 leads to an improvement in teacher and student health1 including indoor air quality2 and 7ii7 achieves energy savings2 7,c7 any improvement1 repair1 or renovation to a school involving the installation of renewable energy technologies2 7,d7 the installation of alternative fueled vehicle infrastructure on school grounds for-- 7i7 exclusive use of school buses1 school fleets1 or students2 or 7ii7 the general public2 and 7,e7 the purchase or lease of alternative fueled vehicles to be used by a school1 including school buses1 fleet vehicles1 and other operational vehicles4 7#e7 ,high school ,the term high school has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#f7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#g7 ,nonprofit organization ,the term nonprofit organization means-- 7,a7 an organization described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 or 7,b7 a mutual or cooperative electric company described in section #eja7;c77#ab7 of such ,code4 7#h7 ,partnering local educational agency ,the term partnering local educational agency1 with respect to an eligible entity1 means the local educational agency participating in the consortium of the eligible entity4 7b7 ,grants ,the ,secretary shall award competitive grants to eligible entities to make energy improvements in accordance with this section4 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,the application submitted under paragraph 7#a7 shall include each of the following3 7,a7 ,a needs assessment of the current condition of the school and school facilities that would receive the energy improvements if the application were approved4 7,b7 ,a draft work plan of the intended achievements of the eligible entity at the school4 7,c7 ,a description of the energy improvements that the eligible entity would carry out at the school if the application were approved4 7,d7 ,a description of the capacity of the eligible entity to provide services and comprehensive support to make the energy improvements referred to in subparagraph 7,c74 7,e7 ,an assessment of the expected needs of the eligible entity for operation and maintenance training funds1 and a plan for use of those funds1 if applicable4 7,f7 ,an assessment of the expected energy efficiency1 energy savings1 and safety benefits of the energy improvements4 7,g7 ,a cost estimate of the proposed energy improvements4 7,h7 ,an identification of other resources that are available to carry out the activities for which grant funds are requested under this section1 including the availability of utility programs and public benefit funds4 7d7 ,priority 7#a7 ,in general ,in awarding grants under this section1 the ,secretary shall give priority to an eligible entity-- 7,a7 that has renovation1 repair1 and improvement funding needs2 7,b7 7i7 that1 as determined by the ,secretary1 serves a high percentage of students1 including students in a high school in accordance with paragraph 7#b71 who are eligible for a free or reduced price lunch under the ,richard ,b4 ,russell ,national ,school ,lunch ,act 7#db ,u4,s4,c4 #agea et seq472 or 7ii7 the partnering local educational agency of which is designated with a school district locale code of #da1 #db1 or #dc1 as determined by the ,national ,center for ,education ,statistics in consultation with the ,bureau of the ,census2 and 7,c7 that leverages private sector investment through energy-related performance contracting4 7#b7 ,high school students ,in the case of students in a high school1 the percentage of students eligible for a free or reduced price lunch described in paragraph 7#a77;,b77i7 shall be calculated using data from the schools that feed into the high school4 7e7 ,competitive criteria ,the competitive criteria used by the ,secretary to award grants under this section shall include the following3 7#a7 ,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 improvements1 including consideration of-- 7,a7 the current and historic ability of the partnering local educational agency to raise funds for construction1 renovation1 modernization1 and major repair projects for schools2 7,b7 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 schools2 and 7,c7 the bond rating of the partnering local educational agency4 7#b7 ,the likelihood that the partnering local educational agency or eligible entity will maintain1 in good condition1 any school and school facility that is the subject of improvements4 7#c7 ,the potential energy efficiency and safety benefits from the proposed energy improvements4 7f7 ,use of grant amounts 7#a7 ,in general ,except as provided in this subsection1 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 7c74 7#b7 ,operation and maintenance training ,an eligible entity receiving a grant under this section may use not more than #e percent of the grant amounts for operation and maintenance training for energy efficiency and renewable energy improvements1 such as maintenance staff and teacher training1 education1 and preventative maintenance training4 7#c7 ,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 entity1 such as energy audits and existing building commissioning4 7#d7 ,continuing education ,an eligible entity receiving a grant under this section may use not more than #c percent of the grant amounts to develop a continuing education curriculum relating to energy improvements4 7g7 ,competition in contracting ,if an eligible entity receiving a grant under this section uses grant funds to carry out repair or renovation through a contract1 the eligible entity shall be required to ensure that the contract process-- 7#a7 through full and open competition1 ensures the maximum practicable number of qualified bidders1 including small1 minority1 and women-owned businesses2 and 7#b7 gives priority to businesses located in1 or resources common to1 the ,state or geographical area in which the repair or renovation under the contract will be carried out4 7h7 ,best practices ,the ,secretary shall develop and publish guidelines and best practices for activities carried out under this section4 7i7 ,report by eligible entity ,an eligible entity receiving a grant under this section shall submit to the ,secretary1 at such time as the ,secretary may require1 a report describing-- 7#a7 the use of the grant funds for energy improvements2 7#b7 the estimated cost savings realized by those energy improvements2 7#c7 the results of any third-party investigation and analysis conducted relating to those energy improvements2 7#d7 the use of any utility programs and public benefit funds2 and 7#e7 the use of performance tracking for energy improvements1 such as-- 7,a7 the ,energy ,star program established under section #cbd;,a of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbid;a72 or 7,b7 the ,united ,states ,green ,building ,council ,leadership in ,energy and ,environmental ,design 7,,leed7 green building rating system for existing buildings4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ejj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djedb4 ,energy efficiency materials pilot program 7a7 ,definitions ,in this section3 7#a7 ,applicant ,the term applicant means a nonprofit organization that applies for a grant under this section4 7#b7 ,energy-efficiency material 7,a7 ,in general ,the term energy-efficiency material means a material 7including a product1 equipment1 or system7 the installation of which results in a reduction in use by a nonprofit organization of energy or fuel4 7,b7 ,inclusions ,the term energy-efficiency material includes-- 7i7 a roof or lighting system or component of the system2 7ii7 a window2 7iii7 a door1 including a security door2 and 7iv7 a heating1 ventilation1 or air conditioning system or component of the system 7including insulation and wiring and plumbing improvements needed to serve a more efficient system74 7#c7 ,nonprofit building ,the term nonprofit building means a building operated and owned by an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code4 7b7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a pilot program to award grants for the purpose of providing nonprofit buildings with energy-efficiency materials4 7c7 ,grants 7#a7 ,in general ,the ,secretary may award grants under the program established under subsection 7b74 7#b7 ,application ,the ,secretary may award a grant under paragraph 7#a7 if an applicant submits to the ,secretary an application at such time1 in such form1 and containing such information as the ,secretary may prescribe4 7#c7 ,criteria for grant ,in determining whether to award a grant under paragraph 7#a71 the ,secretary shall apply performance-based criteria1 which shall give priority to applicants based on-- 7,a7 the energy savings achieved2 7,b7 the cost effectiveness of the use of energy-efficiency materials2 7,c7 an effective plan for evaluation1 measurement1 and verification of energy savings2 and 7,d7 the financial need of the applicant4 7#d7 ,limitation on individual grant amount ,each grant awarded under this section shall not exceed #bjj1jjj4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for the period of fiscal years #bjbb through #bjbf1 to remain available until expended4 ,e ,miscellaneous #djeea4 ,weatherization assistance program 7a7 ,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 7#db ,u4,s4,c4 #fhfa et seq47 #c1ejj1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7b7 ,application of wage rate requirements to weatherization assistance program ,with respect to work performed under the weatherization assistance program established under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq47 on a project assisted in whole or in part by funding made available under subsection 7a71 the requirements of section #daaja shall apply only to work performed on multifamily buildings with not fewer than #e units4 #djeeb4 ,energy ,efficiency and ,conservation ,block ,grant ,program 7a7 ,use of funds ,section #edd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaed7 is amended-- 7#a7 in paragraph 7#ac77;,d71 by striking and after the semicolon2 7#b7 by redesignating paragraph 7#ad7 as paragraph 7#ae72 and 7#c7 by inserting after paragraph 7#ac7 the following3 7#ad7 programs for financing energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure71 capital investments1 projects1 and programs1 which may include loan programs and performance contracting programs1 for leveraging of additional public and private sector funds1 and programs that allow rebates1 grants1 or other incentives for the purchase and installation of energy efficiency1 renewable energy1 and zero-emission transportation 7and associated infrastructure7 measures2 and 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary for the ,energy ,efficiency and ,conservation ,block ,grant ,program established under section #edb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;a77 #eej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djeec4 ,survey1 analysis1 and report on employment and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states 7a7 ,energy jobs council 7#a7 ,establishment ,the ,secretary shall establish a council1 to be known as the ,energy ,jobs ,council 7referred to in this section as the ,council74 7#b7 ,membership ,the ,council shall be comprised of-- 7,a7 to be appointed by the ,secretary-- 7i7 #a or more representatives of the ,energy ,information ,administration2 and 7ii7 #a or more representatives of a ,state energy office that are serving as members of the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 7,b7 to be appointed by the ,secretary of ,commerce-- 7i7 #a or more representatives of the ,department of ,commerce2 and 7ii7 #a or more representatives of the ,bureau of the ,census2 7,c7 #a or more representatives of the ,bureau of ,labor ,statistics1 to be appointed by the ,secretary of ,labor2 and 7,d7 #a or more representatives of any other ,federal agency the assistance of which is required to carry out this section1 as determined by the ,secretary1 to be appointed by the head of the applicable agency4 7b7 ,survey and analysis 7#a7 ,in general ,the ,council shall-- 7,a7 conduct a survey of employers in the energy1 energy efficiency1 and motor vehicle sectors of the economy of the ,united ,states2 and 7,b7 perform an analysis of the employment figures and demographics in those sectors1 including the number of personnel in each sector who devote a substantial portion of working hours1 as determined by the ,secretary1 to regulatory compliance matters4 7#b7 ,methodology ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall employ a methodology that-- 7,a7 was approved in #bjaf by the ,office of ,management and ,budget for use in the document entitled ,,omb ,control ,number #aiaj-eagi2 7,b7 uses a representative1 stratified sampling of businesses in the ,united ,states2 and 7,c7 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 #bjaf and #bjag reports entitled ,u4,s4 ,energy and ,employment ,report4 7#c7 ,consultation ,in conducting the survey and analysis under paragraph 7#a71 the ,council shall consult with key stakeholders1 including-- 7,a7 as the ,council determines to be appropriate1 the heads of relevant ,federal agencies and offices1 including-- 7i7 the ,secretary of ,commerce2 7ii7 the ,secretary of ,transportation2 7iii7 the ,director of the ,bureau of the ,census2 7iv7 the ,commissioner of the ,bureau of ,labor ,statistics2 and 7v7 the ,administrator of the ,environmental ,protection ,agency2 7,b7 ,states2 7,c7 the ,state ,energy ,advisory ,board established by section #cfe7;g7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcbe7;g772 and 7,d7 energy industry trade associations4 7c7 ,report 7#a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall-- 7,a7 make publicly available on the website of the ,department a report1 to be entitled the ,u4,s4 ,energy and ,employment ,report1 describing the employment figures and demographics in the energy1 energy efficiency1 and motor vehicle sectors of the ,united ,states1 and the average number of hours devoted to regulatory compliance1 based on the survey and analysis conducted under subsection 7b72 and 7,b7 subject to the requirements of subchapter ,,iii of chapter #ce of title #dd1 ,united ,states ,code1 make the data collected by the ,council publicly available on the website of the ,department4 7#b7 ,contents 7,a7 ,in general ,the report under paragraph 7#a7 shall include employment figures and demographic data for-- 7i7 the energy sector of the economy of the ,united ,states1 including-- 7,i7 the electric power generation and fuels sector2 and 7,,ii7 the transmission1 storage1 and distribution sector2 7ii7 the energy efficiency sector of the economy of the ,united ,states2 and 7iii7 the motor vehicle sector of the economy of the ,united ,states4 7,b7 ,inclusion ,with respect to each sector described in subparagraph 7,a71 the report under paragraph 7#a7 shall include employment figures and demographic data sorted by-- 7i7 each technology1 subtechnology1 and fuel type of those sectors2 and 7ii7 subject to the requirements of the ,confidential ,information ,protection and ,statistical ,efficiency ,act of #bjjb 7#dd ,u4,s4,c4 #ceja note2 ,public ,law #ajg-cdg7-- 7,i7 each ,state2 7,,ii7 each territory of the ,united ,states2 7,,iii7 the ,district of ,columbia2 and 7,,iv7 each county 7or equivalent jurisdiction7 in the ,united ,states4 #djeed4 ,assisting ,federal ,facilities with ,energy ,conservation ,technologies grant program ,there is authorized to be appropriated to the ,secretary to provide grants authorized under section #edf7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7;b771 #bej1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 #djeee4 ,rebates ,there are authorized to be appropriated to the ,secretary for the period of fiscal years #bjbb and #bjbc-- 7#a7 #aj1jjj1jjj for the extended product system rebate program authorized under section #ajje of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcaa note2 ,public ,law #aaf-bfj72 and 7#b7 #aj1jjj1jjj for the energy efficient transformer rebate program authorized under section #ajjf of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcag note2 ,public ,law #aaf-bfj74 #djeef4 ,model guidance for combined heat and power systems and waste heat to power systems 7a7 ,definitions ,in this section3 7#a7 ,additional services ,the term additional services means the provision of supplementary power1 backup or standby power1 maintenance power1 or interruptible power to an electric consumer by an electric utility4 7#b7 ,waste heat to power system ,the term waste heat to power system means a system that generates electricity through the recovery of waste energy4 7#c7 ,other terms 7,a7 ,purpa ,the terms electric consumer1 electric utility1 interconnection service1 nonregulated electric utility1 and ,state regulatory authority have the meanings given those terms in the ,public ,utility ,regulatory ,policies ,act of #aigh 7#af ,u4,s4,c4 #bfja et seq471 within the meaning of title ,i of that ,act 7#af ,u4,s4,c4 #bfaa et seq474 7,b7 ,epca ,the terms combined heat and power system and waste energy have the meanings given those terms in section #cga of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcda74 7b7 ,review 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 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 #aej 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 systems4 7#b7 ,inclusion ,the review under this subsection shall include a review of existing rules and procedures relating to-- 7,a7 determining and assigning costs of interconnection service and additional services2 and 7,b7 ensuring adequate cost recovery by an electric utility for interconnection service and additional services4 7c7 ,model guidance 7#a7 ,in general ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,federal ,energy ,regulatory ,commission and other appropriate entities1 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 7b77#a74 7#b7 ,current best practices ,the model guidance issued under this subsection shall reflect1 to the maximum extent practicable1 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 connect1 including-- 7,a7 relevant current standards developed by the ,institute of ,electrical and ,electronic ,engineers2 and 7,b7 model codes and rules adopted by-- 7i7 ,states2 or 7ii7 associations of ,state regulatory agencies4 7#c7 ,factors for consideration ,in establishing the model guidance under this subsection1 the ,secretary shall take into consideration-- 7,a7 the appropriateness of using standards or procedures for interconnection service that vary based on unit size1 fuel type1 or other relevant characteristics2 7,b7 the appropriateness of establishing fast-track procedures for interconnection service2 7,c7 the value of consistency with ,federal interconnection rules established by the ,federal ,energy ,regulatory ,commission as of the date of enactment of this ,act2 7,d7 the best practices used to model outage assumptions and contingencies to determine fees or rates for additional services2 7,e7 the appropriate duration1 magnitude1 or usage of demand charge ratchets2 7,f7 potential alternative arrangements with respect to the procurement of additional services1 including-- 7i7 contracts tailored to individual electric consumers for additional services2 7ii7 procurement of additional services by an electric utility from a competitive market2 and 7iii7 waivers of fees or rates for additional services for small electric consumers2 and 7,g7 outcomes such as increased electric reliability1 fuel diversification1 enhanced power quality1 and reduced electric losses that may result from increased use of combined heat and power systems and waste heat to power systems4 ,,vi ,methane reduction infrastructure #djfja4 ,orphaned well site plugging1 remediation1 and restoration ,section #cdi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7 is amended to read as follows3 #cdi4 ,orphaned well site plugging1 remediation1 and restoration 7a7 ,definitions ,in this section3 7#a7 ,federal land ,the term ,federal land means land administered by a land management agency within-- 7,a7 the ,department of ,agriculture2 or 7,b7 the ,department of the ,interior4 7#b7 ,idled well ,the term idled well means a well-- 7,a7 that has been nonoperational for not fewer than #d years2 and 7,b7 for which there is no anticipated beneficial future use4 7#c7 ,indian tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#d7 ,operator ,the term operator1 with respect to an oil or gas operation1 means any entity1 including a lessee or operating rights owner1 that has provided to a relevant authority a written statement that the entity is responsible for the oil or gas operation1 or any portion of the operation4 7#e7 ,orphaned well ,the term orphaned well-- 7,a7 with respect to ,federal land or ,tribal land1 means a well-- 7i7 7,i7 that is not used for an authorized purpose1 such as production1 injection1 or monitoring2 and 7,,ii7 7aa7 for which no operator can be located2 7bb7 the operator of which is unable-- 7,,aa7 to plug the well2 and 7,,bb7 to remediate and reclaim the well site2 or 7cc7 that is within the ,national ,petroleum ,reserve-,alaska2 and 7,b7 with respect to ,state or private land-- 7i7 has the meaning given the term by the applicable ,state2 or 7ii7 if that ,state uses different terminology1 has the meaning given another term used by the ,state to describe a well eligible for plugging1 remediation1 and reclamation by the ,state4 7#f7 ,tribal land ,the term ,tribal land means any land or interest in land owned by an ,indian ,tribe1 the title to which is-- 7,a7 held in trust by the ,united ,states2 or 7,b7 subject to a restriction against alienation under ,federal law4 7b7 ,federal program 7#a7 ,establishment ,not later than #fj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall establish a program to plug1 remediate1 and reclaim orphaned wells located on ,federal land4 7#b7 ,included activities ,the program under this subsection shall-- 7,a7 include a method of-- 7i7 identifying1 characterizing1 and inventorying orphaned wells and associated pipelines1 facilities1 and infrastructure on ,federal land2 and 7ii7 ranking those orphaned wells for priority in plugging1 remediation1 and reclamation1 based on-- 7,i7 public health and safety2 7,,ii7 potential environmental harm2 and 7,,iii7 other subsurface impacts or land use priorities2 7,b7 distribute funding in accordance with the priorities established under subparagraph 7,a77ii7 for-- 7i7 plugging orphaned wells2 7ii7 remediating and reclaiming well pads and facilities associated with orphaned wells2 7iii7 remediating soil and restoring native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines1 facilities1 and infrastructure2 and 7iv7 remediating land adjacent to orphaned wells and decommissioning or removing associated pipelines1 facilities1 and infrastructure2 7,c7 provide a public accounting of the costs of plugging1 remediation1 and reclamation for each orphaned well2 7,d7 seek to determine the identities of potentially responsible parties associated with the orphaned well 7or a surety or guarantor of such a party71 to the extent such information can be ascertained1 and make efforts to obtain reimbursement for expenditures to the extent practicable2 7,e7 measure or estimate and track-- 7i7 emissions of methane and other gases associated with orphaned wells2 and 7ii7 contamination of groundwater or surface water associated with orphaned wells2 and 7,f7 identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7#c7 ,idled wells ,the ,secretary1 acting through the ,director of the ,bureau of ,land ,management1 shall-- 7,a7 periodically review all idled wells on ,federal land2 and 7,b7 reduce the inventory of idled wells on ,federal land4 7#d7 ,cooperation and consultation ,in carrying out the program under this subsection1 the ,secretary shall-- 7,a7 work cooperatively with-- 7i7 the ,secretary of ,agriculture2 7ii7 affected ,indian ,tribes2 and 7iii7 each ,state within which ,federal land is located2 and 7,b7 consult with-- 7i7 the ,secretary of ,energy2 and 7ii7 the ,interstate ,oil and ,gas ,compact ,commission4 7c7 ,funding for state programs 7#a7 ,in general ,the ,secretary shall provide to ,states1 in accordance with this subsection-- 7,a7 initial grants under paragraph 7#c72 7,b7 formula grants under paragraph 7#d72 and 7,c7 performance grants under paragraph 7#e74 7#b7 ,activities 7,a7 ,in general ,a ,state may use funding provided under this subsection for any of the following purposes3 7i7 ,to plug1 remediate1 and reclaim orphaned wells located on ,state-owned or privately owned land4 7ii7 ,to identify and characterize undocumented orphaned wells on ,state and private land4 7iii7 ,to rank orphaned wells based on factors including-- 7,i7 public health and safety2 7,,ii7 potential environmental harm2 and 7,,iii7 other land use priorities4 7iv7 ,to make information regarding the use of funds received under this subsection available on a public website4 7v7 ,to measure and track-- 7,i7 emissions of methane and other gases associated with orphaned wells2 and 7,,ii7 contamination of groundwater or surface water associated with orphaned wells4 7vi7 ,to remediate soil and restore native species habitat that has been degraded due to the presence of orphaned wells and associated pipelines1 facilities1 and infrastructure4 7vii7 ,to remediate land adjacent to orphaned wells and decommission or remove associated pipelines1 facilities1 and infrastructure4 7viii7 ,to identify and address any disproportionate burden of adverse human health or environmental effects of orphaned wells on communities of color1 low-income communities1 and ,tribal and indigenous communities4 7ix7 ,subject to subparagraph 7,b71 to administer a program to carry out any activities described in clauses 7i7 through 7viii74 7,b7 ,administrative cost limitation 7i7 ,in general ,except as provided in clause 7ii71 a ,state shall not use more than #aj percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph 7,a77ix74 7ii7 ,exception ,the limitation under clause 7i7 shall not apply to funds used by a ,state as described in paragraph 7#c77;,a77ii74 7#c7 ,initial grants 7,a7 ,in general ,subject to the availability of appropriations1 the ,secretary shall distribute-- 7i7 not more than #be1jjj1jjj to each ,state that submits to the ,secretary1 by not later than #ahj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 a request for funding under this clause1 including-- 7,i7 an estimate of the number of jobs that will be created or saved through the activities proposed to be funded2 and 7,,ii7 a certification that-- 7aa7 the ,state is a ,member ,state or ,associate ,member ,state of the ,interstate ,oil and ,gas ,compact ,commission2 7bb7 there are #a or more documented orphaned wells located in the ,state2 and 7cc7 the ,state will use not less than #ij percent of the funding requested under this subsection to issue new contracts1 amend existing contracts1 or issue grants for plugging1 remediation1 and reclamation work by not later than #ij days after the date of receipt of the funds2 and 7ii7 not more than #e1jjj1jjj to each ,state that-- 7,i7 requests funding under this clause2 7,,ii7 does not receive a grant under clause 7i72 and 7,,iii7 certifies to the ,secretary that-- 7aa7 the ,state-- 7,,aa7 has in effect a plugging1 remediation1 and reclamation program for orphaned wells2 or 7,,bb7 the capacity to initiate such a program2 or 7bb7 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 7#d7 or a performance grant under paragraph 7#e74 7,b7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #cj days after the date on which the ,state submits to the ,secretary the certification required under clause 7i77,,ii7 or 7ii77,,iii7 of subparagraph 7,a71 as applicable4 7,c7 ,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 #a year after the date of receipt of the funds4 7,d7 ,report ,not later than #ae months after the date on which a ,state receives funds under this paragraph1 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 7,a74 7#d7 ,formula grants 7,a7 ,establishment 7i7 ,in general ,the ,secretary shall establish a formula for the distribution to each ,state described in clause 7ii7 of funds under this paragraph4 7ii7 ,description of states ,a ,state referred to in clause 7i7 is a ,state that1 by not later than #de days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 submits to the ,secretary a notice of the intent of the ,state to submit an application under subparagraph 7,b71 including a description of the factors described in clause 7iii7 with respect to the ,state4 7iii7 ,factors ,the formula established under clause 7i7 shall account for1 with respect to an applicant ,state1 the following factors3 7,i7 ,job losses in the oil and gas industry in the ,state during the period-- 7aa7 beginning on ,march #a1 #bjbj2 and 7bb7 ending on the date of enactment of the ,infrastructure ,investment and ,jobs ,act4 7,,ii7 ,the number of documented orphaned wells located in the ,state1 and the projected cost-- 7aa7 to plug or reclaim those orphaned wells2 7bb7 to reclaim adjacent land2 and 7cc7 to decommission or remove associated pipelines1 facilities1 and infrastructure4 7iv7 ,publication ,not later than #ge days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,secretary shall publish on a public website the amount that each ,state is eligible to receive under the formula under this subparagraph4 7,b7 ,application ,to be eligible to receive a formula grant under this paragraph1 a ,state shall submit to the ,secretary an application that includes-- 7i7 a description of-- 7,i7 the ,state program for orphaned well plugging1 remediation1 and restoration1 including legal authorities1 processes used to identify and prioritize orphaned wells1 procurement mechanisms1 and other program elements demonstrating the readiness of the ,state to carry out proposed activities using the grant2 7,,ii7 the activities to be carried out with the grant1 including an identification of the estimated health1 safety1 habitat1 and environmental benefits of plugging1 remediating1 or reclaiming orphaned wells2 and 7,,iii7 the means by which the information regarding the activities of the ,state under this paragraph will be made available on a public website2 7ii7 an estimate of-- 7,i7 the number of orphaned wells in the ,state that will be plugged1 remediated1 or reclaimed2 7,,ii7 the projected cost of-- 7aa7 plugging1 remediating1 or reclaiming orphaned wells2 7bb7 remediating or reclaiming adjacent land2 and 7cc7 decommissioning or removing associated pipelines1 facilities1 and infrastructure2 7,,iii7 the amount of that projected cost that will be offset by the forfeiture of financial assurance instruments1 the estimated salvage of well site equipment1 or other proceeds from the orphaned wells and adjacent land2 7,,iv7 the number of jobs that will be created or saved through the activities to be funded under this paragraph2 and 7,v7 the amount of funds to be spent on administrative costs2 7iii7 a certification that any financial assurance instruments available to cover plugging1 remediation1 or reclamation costs will be used by the ,state2 and 7iv7 the definitions and processes used by the ,state to formally identify a well as-- 7,i7 an orphaned well2 or 7,,ii7 if the ,state uses different terminology1 otherwise eligible for plugging1 remediation1 and reclamation by the ,state4 7,c7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #fj days after the date on which the ,state submits to the ,secretary a completed application under subparagraph 7,b74 7,d7 ,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 #e years after the date of receipt of the funds4 7,e7 ,consultation ,in making a determination under this paragraph regarding the eligibility of a ,state to receive a formula grant1 the ,secretary shall consult with-- 7i7 the ,administrator of the ,environmental ,protection ,agency2 7ii7 the ,secretary of ,energy2 and 7iii7 the ,interstate ,oil and ,gas ,compact ,commission4 7#e7 ,performance grants 7,a7 ,establishment ,the ,secretary shall provide to ,states1 in accordance with this paragraph-- 7i7 regulatory improvement grants under subparagraph 7,e72 and 7ii7 matching grants under subparagraph 7,f74 7,b7 ,application ,to be eligible to receive a grant under this paragraph1 a ,state shall submit to the ,secretary an application including-- 7i7 each element described in an application for a grant under paragraph 7#d77;,b72 7ii7 activities carried out by the ,state to address orphaned wells located in the ,state1 including-- 7,i7 increasing ,state spending on well plugging1 remediation1 and reclamation2 or 7,,ii7 improving regulation of oil and gas wells2 and 7iii7 the means by which the ,state will use funds provided under this paragraph-- 7,i7 to lower unemployment in the ,state2 and 7,,ii7 to improve economic conditions in economically distressed areas of the ,state4 7,c7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to a ,state under this paragraph by not later than the date that is #fj days after the date on which the ,state submits to the ,secretary a completed application under subparagraph 7,b74 7,d7 ,consultation ,in making a determination under this paragraph regarding the eligibility of a ,state to receive a grant under subparagraph 7,e7 or 7,f71 the ,secretary shall consult with-- 7i7 the ,administrator of the ,environmental ,protection ,agency2 7ii7 the ,secretary of ,energy2 and 7iii7 the ,interstate ,oil and ,gas ,compact ,commission4 7,e7 ,regulatory improvement grants 7i7 ,in general ,beginning on the date that is #ahj days after the date on which an initial grant is provided to a ,state under paragraph 7#c71 the ,secretary shall1 subject to the availability of appropriations1 provide to the ,state a regulatory improvement grant under this subparagraph1 if the ,state meets1 during the #aj-year period ending on the date on which the ,state submits to the ,secretary an application under subparagraph 7,b71 #a of the following criteria3 7,i7 ,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 resources1 public health and safety1 and the environment4 7,,ii7 ,the ,state has made improvements to ,state programs designed to reduce future orphaned well burdens1 such as financial assurance reform1 alternative funding mechanisms for orphaned well programs1 and reforms to programs relating to well transfer or temporary abandonment4 7ii7 ,limitations 7,i7 ,number ,the ,secretary may issue to a ,state under this subparagraph not more than #a grant for each criterion described in subclause 7,i7 or 7,,ii7 of clause 7i74 7,,ii7 ,maximum amount ,the amount of a single grant provided to a ,state under this subparagraph shall be not more than #bj1jjj1jjj4 7iii7 ,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 which1 during the #aj-year period beginning on the date of receipt of the grant1 the ,state enacts a law or regulation that1 if in effect on the date of submission of the application under subparagraph 7,b71 would have prevented the ,state from being eligible to receive the grant under clause 7i74 7,f7 ,matching grants 7i7 ,in general ,beginning on the date that is #ahj days after the date on which an initial grant is provided to a ,state under paragraph 7#c71 the ,secretary shall1 subject to the availability of appropriations1 provide to the ,state funding1 in an amount equal to the difference between-- 7,i7 the average annual amount expended by the ,state during the period of fiscal years #bjaj through #bjai-- 7aa7 to plug1 remediate1 and reclaim orphaned wells2 and 7bb7 to decommission or remove associated pipelines1 facilities1 or infrastructure2 and 7,,ii7 the amount that the ,state certifies to the ,secretary the ,state will expend1 during the fiscal year in which the ,state will receive the grant under this subparagraph-- 7aa7 to plug1 remediate1 and reclaim orphaned wells2 7bb7 to remediate or reclaim adjacent land2 and 7cc7 to decommission or remove associated pipelines1 facilities1 and infrastructure4 7ii7 ,limitations 7,i7 ,fiscal year ,the ,secretary may issue to a ,state under this subparagraph not more than #a grant for each fiscal year4 7,,ii7 ,total funds provided ,the ,secretary may provide to a ,state under this subparagraph a total amount equal to not more than #cj1jjj1jjj during the period of fiscal years #bjbb through #bjca4 7d7 ,tribal orphaned well site plugging1 remediation1 and restoration 7#a7 ,establishment ,the ,secretary shall establish a program under which the ,secretary shall-- 7,a7 provide to ,indian ,tribes grants in accordance with this subsection2 or 7,b7 on request of an ,indian ,tribe and in lieu of a grant under subparagraph 7,a71 administer and carry out plugging1 remediation1 and reclamation activities in accordance with paragraph 7#g74 7#b7 ,eligible activities 7,a7 ,in general ,an ,indian ,tribe may use a grant received under this subsection-- 7i7 to plug1 remediate1 or reclaim an orphaned well on ,tribal land2 7ii7 to remediate soil and restore native species habitat that has been degraded due to the presence of an orphaned well or associated pipelines1 facilities1 or infrastructure on ,tribal land2 7iii7 to remediate ,tribal land adjacent to orphaned wells and decommission or remove associated pipelines1 facilities1 and infrastructure2 7iv7 to provide an online public accounting of the cost of plugging1 remediation1 and reclamation for each orphaned well site on ,tribal land2 7v7 to identify and characterize undocumented orphaned wells on ,tribal land2 and 7vi7 to develop or administer a ,tribal program to carry out any activities described in clauses 7i7 through 7v74 7,b7 ,administrative cost limitation 7i7 ,in general ,except as provided in clause 7ii71 an ,indian ,tribe shall not use more than #aj percent of the funds received under this subsection during a fiscal year for administrative costs under subparagraph 7,a77vi74 7ii7 ,exception ,the limitation under clause 7i7 shall not apply to any funds used to carry out an administrative action necessary for the development of a ,tribal program described in subparagraph 7,a77vi74 7#c7 ,factors for consideration ,in determining whether to provide to an ,indian ,tribe a grant under this subsection1 the ,secretary shall take into consideration-- 7,a7 the unemployment rate of the ,indian ,tribe on the date on which the ,indian ,tribe submits an application under paragraph 7#d72 and 7,b7 the estimated number of orphaned wells on the ,tribal land of the ,indian ,tribe4 7#d7 ,application ,to be eligible to receive a grant under this subsection1 an ,indian ,tribe shall submit to the ,secretary an application that includes-- 7,a7 a description of-- 7i7 the ,tribal program for orphaned well plugging1 remediation1 and restoration1 including legal authorities1 processes used to identify and prioritize orphaned wells1 procurement mechanisms1 and other program elements demonstrating the readiness of the ,indian ,tribe to carry out the proposed activities1 or plans to develop such a program2 and 7ii7 the activities to be carried out with the grant1 including an identification of the estimated health1 safety1 habitat1 and environmental benefits of plugging1 remediating1 or reclaiming orphaned wells and remediating or reclaiming adjacent land2 and 7,b7 an estimate of-- 7i7 the number of orphaned wells that will be plugged1 remediated1 or reclaimed2 and 7ii7 the projected cost of-- 7,i7 plugging1 remediating1 or reclaiming orphaned wells2 7,,ii7 remediating or reclaiming adjacent land2 and 7,,iii7 decommissioning or removing associated pipelines1 facilities1 and infrastructure4 7#e7 ,distribution ,subject to the availability of appropriations1 the ,secretary shall distribute funds to an ,indian ,tribe under this subsection by not later than the date that is #fj days after the date on which the ,indian ,tribe submits to the ,secretary a completed application under paragraph 7#d74 7#f7 ,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 #e years after the date of receipt of the funds1 except for cases in which the ,secretary has granted the ,indian ,tribe an extended deadline for completion of the eligible activities after consultation4 7#g7 ,delegation to secretary in lieu of a grant 7,a7 ,in general ,in lieu of a grant under this subsection1 an ,indian ,tribe may submit to the ,secretary a request for the ,secretary to administer and carry out plugging1 remediation1 and reclamation activities relating to an orphaned well on behalf of the ,indian ,tribe4 7,b7 ,administration ,subject to the availability of appropriations under subsection 7h77#a77;,e71 on submission of a request under subparagraph 7,a71 the ,secretary shall administer or carry out plugging1 remediation1 and reclamation activities for an orphaned well on ,tribal land4 7e7 ,technical assistance ,the ,secretary of ,energy1 in cooperation with the ,secretary and the ,interstate ,oil and ,gas ,compact ,commission1 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 land1 ,tribal land1 and ,state and private land1 including the sharing of best practices in the management of oil and gas well inventories to ensure the availability of funds to plug1 remediate1 and restore oil and gas well sites on cessation of operation4 7f7 ,report to congress ,not later than #a year after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 and not less frequently than annually thereafter1 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 a report describing the program established and grants awarded under this section1 including-- 7#a7 an updated inventory of wells located on ,federal land1 ,tribal land1 and ,state and private land that are-- 7,a7 orphaned wells2 or 7,b7 at risk of becoming orphaned wells2 7#b7 an estimate of the quantities of-- 7,a7 methane and other gasses emitted from orphaned wells2 and 7,b7 emissions reduced as a result of plugging1 remediating1 and reclaiming orphaned wells2 7#c7 the number of jobs created and saved through the plugging1 remediation1 and reclamation of orphaned wells2 and 7#d7 the acreage of habitat restored using grants awarded to plug1 remediate1 and reclaim orphaned wells and to remediate or reclaim adjacent land1 together with a description of the purposes for which that land is likely to be used in the future4 7g7 ,effect of section 7#a7 ,no expansion of liability ,nothing in this section establishes or expands the responsibility or liability of any entity with respect to-- 7,a7 plugging any well2 or 7,b7 remediating or reclaiming any well site4 7#b7 ,tribal land ,nothing in this section-- 7,a7 relieves the ,secretary of any obligation under section #c of the ,act of ,may #aa1 #aich 7#be ,u4,s4,c4 #cif;c2 #eb ,stat4 #cdh1 chapter #aih71 to plug1 remediate1 or reclaim an orphaned well located on ,tribal land2 or 7,b7 absolves the ,united ,states from a responsibility to plug1 remediate1 or reclaim an orphaned well located on ,tribal land or any other responsibility to an ,indian ,tribe1 including any responsibility that derives from-- 7i7 the trust relationship between the ,united ,states and ,indian ,tribes2 7ii7 any treaty1 law1 or ,executive order2 or 7iii7 any agreement between the ,united ,states and an ,indian ,tribe4 7#c7 ,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-- 7,a7 reimbursement of any plugging or reclamation costs associated with the well2 or 7,b7 any adverse effect of the well on the environment4 7h7 ,authorization of appropriations ,there are authorized to be appropriated for fiscal year #bjbb1 to remain available until ,september #cj1 #bjcj3 7#a7 to the ,secretary-- 7,a7 #bej1jjj1jjj to carry out the program under subsection 7b72 7,b7 #gge1jjj1jjj to provide grants under subsection 7c77#c72 7,c7 #b1jjj1jjj1jjj to provide grants under subsection 7c77#d72 7,d7 #a1ejj1jjj1jjj to provide grants under subsection 7c77#e72 and 7,e7 #aej1jjj1jjj to carry out the program under subsection 7d72 7#b7 to the ,secretary of ,energy1 #cj1jjj1jjj to conduct research and development activities in cooperation with the ,interstate ,oil and ,gas ,compact ,commission to assist the ,federal land management agencies1 ,states1 and ,indian ,tribes in-- 7,a7 identifying and characterizing undocumented orphaned wells2 and 7,b7 mitigating the environmental risks of undocumented orphaned wells2 and 7#c7 to the ,interstate ,oil and ,gas ,compact ,commission1 #b1jjj1jjj to carry out this section4 4 ,,vii ,abandoned mine land reclamation #djgja4 ,abandoned ,mine ,reclamation ,fund authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated1 for deposit into the ,abandoned ,mine ,reclamation ,fund established by section #dja7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;a77 #aa1bic1jjj1jjj for fiscal year #bjbb1 to remain available until expended4 7b7 ,use of funds 7#a7 ,in general ,subject to subsection 7g71 amounts made available under subsection 7a7 shall be used to provide1 as expeditiously as practicable1 to ,states and ,indian ,tribes described in paragraph 7#b7 annual grants for abandoned mine land and water reclamation projects under the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq474 7#b7 ,eligible grant recipients ,grants may be made under paragraph 7#a7 to-- 7,a7 ,states and ,indian ,tribes that have a ,state or ,tribal program approved under section #dje of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abce72 7,b7 ,states and ,indian ,tribes that are certified under section #daa7;a7 of that ,act 7#cj ,u4,s4,c4 #abdj;a7a772 and 7,c7 ,states and ,indian ,tribes that are referred to in section #djb7;g77#h77;,b7 of that ,act 7#cj ,u4,s4,c4 #abcb7;g77#h77;,b774 7#c7 ,contract aggregation ,in applying for grants under paragraph 7#a71 ,states and ,indian ,tribes may aggregate bids into larger statewide or regional contracts4 7c7 ,covered activities ,grants under subsection 7b77#a7 shall only be used for activities described in subsections 7a7 and 7b7 of section #djc and section #daj of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc1 #abdj74 7d7 ,allocation 7#a7 ,in general ,subject to subsection 7e71 the ,secretary of the ,interior shall allocate and distribute amounts made available for grants under subsection 7b77#a7 to ,states and ,indian ,tribes on an equal annual basis over a #ae-year period beginning on the date of enactment of this ,act1 based on the number of tons of coal historically produced in the ,states or from the applicable ,indian land before ,august #c1 #aigg1 regardless of whether the ,state or ,indian ,tribe is certified under section #daa7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abdj;a7a774 7#b7 ,surface mining control and reclamation ,act exception ,section #dja7;f77#c77;,b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#c77;,b77 shall not apply to grant funds distributed under subsection 7b77#a74 7#c7 ,report to ,congress on allocations 7,a7 ,in general ,not later than #f years after the date on which the first allocation to ,states and ,indian ,tribes is made under paragraph 7#a71 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 7a7 or 7b7 of section #djc or section #daj of the ,surface ,mining ,control and ,reclamation and ,act of #aigg 7#cj ,u4,s4,c4 #abcc1 #abdj74 7,b7 ,input ,the ,secretary of the ,interior shall-- 7i7 prior to submitting the report under subparagraph 7,a71 solicit the input of the ,states and ,indian ,tribes regarding the progress referred to in that subparagraph2 and 7ii7 include in the report submitted to ,congress under that subparagraph a description of any input received under clause 7i74 7#d7 ,redistribution of funds 7,a7 ,evaluation ,not later than #bj years after the date of enactment of this ,act1 the ,secretary of the ,interior shall evaluate grant payments to ,states and ,indian ,tribes made under this section4 7,b7 ,unused funds ,on completion of the evaluation under subparagraph 7,a71 ,states and ,indian ,tribes shall return any unused funds under this section to the ,abandoned ,mine ,reclamation ,fund4 7e7 ,total amount of grant ,the total amount of grant funding provided under subsection 7b77#a7 to an eligible ,state or ,indian ,tribe shall be not less than #bj1jjj1jjj1 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 #bj1jjj1jjj4 7f7 ,priority ,in addition to the priorities described in section #djc7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;a771 in providing grants under this section1 priority may also be given to reclamation projects described in subsection 7b77#a7 that provide employment for current and former employees of the coal industry4 7g7 ,reservation ,of the funds made available under subsection 7a71 #be1jjj1jjj 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 #djc7;c7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcc7;c774 #djgjb4 ,abandoned mine reclamation fee 7a7 ,amount ,section #djb7;a7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;a77 is amended-- 7#a7 by striking #bh cents and inserting #bb4d cents2 7#b7 by striking #ab cents and inserting #i4f cents2 and 7#c7 by striking #h cents and inserting #f4d cents4 7b7 ,duration ,section #djb7;b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abcb7;b77 is amended by striking ,september #cj1 #bjba and inserting ,september #cj1 #bjcd4 #djgjc4 ,amounts distributed from ,abandoned ,mine ,reclamation ,fund ,section #dja7;f77#b7 of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca7;f77#b77 is amended-- 7#a7 in subparagraph 7,a7-- 7,a7 in the subparagraph heading1 by striking #bjbb and inserting #bjce2 and 7,b7 in the matter preceding clause 7i71 by striking #bjbb and inserting #bjce2 and 7#b7 in subparagraph 7,b7-- 7,a7 in the subparagraph heading1 by striking #bjbc and inserting #bjcf2 7,b7 by striking #bjbc and inserting #bjcf2 and 7,c7 by striking #bjbb and inserting #bjce4 #djgjd4 ,abandoned hardrock mine reclamation 7a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of the ,interior 7referred to in this section as the ,secretary7 shall establish a program to inventory1 assess1 decommission1 reclaim1 respond to hazardous substance releases on1 and remediate abandoned hardrock mine land based on conditions including need1 public health and safety1 potential environmental harm1 and other land use priorities4 7b7 ,award of grants ,subject to the availability of funds1 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 land4 7c7 ,eligibility ,amounts made available under this section may only be used for ,federal1 ,state1 ,tribal1 local1 and private land that has been affected by past hardrock mining activities1 and water resources that traverse or are contiguous to such land1 including any of the following3 7#a7 ,land and water resources that were-- 7,a7 used for1 or affected by1 hardrock mining activities2 and 7,b7 abandoned or left in an inadequate reclamation status before the date of enactment of this ,act4 7#b7 ,land for which the ,secretary makes a determination that there is no continuing reclamation responsibility of a claim holder1 liable party1 operator1 or other person that abandoned the site prior to completion of required reclamation under ,federal or ,state law4 7d7 ,eligible activities 7#a7 ,in general ,amounts made available to carry out this section shall be used to inventory1 assess1 decommission1 reclaim1 respond to hazardous substance releases on1 and remediate abandoned hardrock mine land based on the priorities described in subsection 7a74 7#b7 ,exclusion ,amounts made available to carry out this section may not be used to fulfill obligations under the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq47 agreed to in a legal settlement or imposed by a court1 whether for payment of funds or for work to be performed4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #c1jjj1jjj1jjj1 to remain available until expended1 of which-- 7,a7 #ej percent shall be for grants to ,states and ,indian ,tribes under subsection 7b7 for eligible activities described in subsection 7d77#a72 and 7,b7 #ej percent shall be for available to the ,secretary for eligible activities described in subsection 7d77#a7 on ,federal land4 7#b7 ,transfer ,the ,secretary may transfer amounts made available to the ,secretary under paragraph 7#a77;,b7 to the ,secretary of ,agriculture for activities described in subsection 7a7 on ,national ,forest ,system land4 ,,viii ,natural resources-related infrastructure1 wildfire management1 and ecosystem restoration #djhja4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7a7 ,establishment ,public ,law #hh-feg 7#af ,u4,s4,c4 #ecb et seq47 7commonly known as the ,forest ,roads and ,trails ,act7 is amended by adding at the end the following3 #h4 ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7a7 ,establishment ,the ,secretary shall establish the ,forest ,service ,legacy ,road and ,trail ,remediation ,program 7referred to in this section as the ,program74 7b7 ,activities ,in carrying out the ,program1 the ,secretary shall1 taking into account foreseeable changes in weather and hydrology-- 7#a7 restore passages for fish and other aquatic species by-- 7,a7 improving1 repairing1 or replacing culverts and other infrastructure2 and 7,b7 removing barriers1 as the ,secretary determines appropriate1 from the passages2 7#b7 decommission unauthorized user-created roads and trails that are not a ,national ,forest ,system road or a ,national ,forest ,system trail1 if the applicable unit of the ,national ,forest ,system has published-- 7,a7 a ,motor ,vehicle ,use ,map and the road is not identified as a ,national ,forest ,system road on that ,motor ,vehicle ,use ,map2 or 7,b7 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 map2 7#c7 prepare previously closed ,national ,forest ,system roads for long-term storage1 in accordance with subsections 7c77#a7 and 7d71 in a manner that-- 7,a7 prevents motor vehicle use1 as appropriate to conform to route designations2 7,b7 prevents the roads from damaging adjacent resources1 including aquatic and wildlife resources2 7,c7 reduces or eliminates the need for road maintenance2 and 7,d7 preserves the roads for future use2 7#d7 decommission previously closed ,national ,forest ,system roads and trails in accordance with subsections 7c77#a7 and 7d72 7#e7 relocate ,national ,forest ,system roads and trails-- 7,a7 to increase resilience to extreme weather events1 flooding1 and other natural disasters2 and 7,b7 to respond to changing resource conditions and public input2 7#f7 convert ,national ,forest ,system roads to ,national ,forest ,system trails1 while allowing for continued use for motorized and nonmotorized recreation1 to the extent the use is compatible with the management status of the road or trail2 7#g7 decommission temporary roads-- 7,a7 that were constructed before the date of enactment of this section-- 7i7 for emergency operations2 or 7ii7 to facilitate a resource extraction project2 7,b7 that were designated as a temporary road by the ,secretary2 and 7,c7 7i7 in violation of section #aj7;b7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjh7;b771 on which vegetation cover has not been reestablished2 or 7ii7 that have not been fully decommissioned2 and 7#h7 carry out projects on ,national ,forest ,system roads1 trails1 and bridges to improve resilience to extreme weather events1 flooding1 or other natural disasters4 7c7 ,project selection 7#a7 ,project eligibility 7,a7 ,in general ,the ,secretary may only fund under the ,program a project described in paragraph 7#c7 or 7#d7 of subsection 7b7 if the ,secretary previously and separately-- 7i7 solicited public comment for changing the management status of the applicable ,national ,forest ,system road or trail-- 7,i7 to close the road or trail to access2 and 7,,ii7 to minimize impacts to natural resources2 and 7ii7 has closed the road or trail to access as described in clause 7i77,i74 7,b7 ,requirement ,each project carried out under the ,program shall be on a ,national ,forest ,system road or trail1 except with respect to-- 7i7 a project described in subsection 7b77#b72 or 7ii7 a project carried out on a watershed for which the ,secretary has entered into a cooperative agreement under section #cbc of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a74 7#b7 ,annual selection of projects for funding ,the ,secretary shall-- 7,a7 establish a process for annually selecting projects for funding under the ,program1 consistent with the requirements of this section2 7,b7 solicit and consider public input regionally in the ranking of projects for funding under the ,program2 7,c7 give priority for funding under the ,program to projects that would-- 7i7 protect or improve water quality in public drinking water source areas2 7ii7 restore the habitat of a threatened1 endangered1 or sensitive fish or wildlife species2 or 7iii7 maintain future access to the adjacent area for the public1 contractors1 permittees1 or firefighters2 and 7,d7 publish on the website of the ,forest ,service-- 7i7 the selection process established under subparagraph 7,a72 and 7ii7 a list that includes a description and the proposed outcome of each project funded under the ,program in each fiscal year4 7d7 ,implementation ,in implementing the ,program1 the ,secretary shall ensure that-- 7#a7 the system of roads and trails on the applicable unit of the ,national ,forest ,system-- 7,a7 is adequate to meet any increasing demands for timber1 recreation1 and other uses2 7,b7 provides for intensive use1 protection1 development1 and management of the land under principles of multiple use and sustained yield of products and services2 7,c7 does not damage1 degrade1 or impair adjacent resources1 including aquatic and wildlife resources1 to the extent practicable2 7,d7 reflects long-term funding expectations2 and 7,e7 is adequate for supporting emergency operations1 such as evacuation routes during wildfires1 floods1 and other natural disasters2 and 7#b7 all projects funded under the ,program are consistent with any applicable forest plan or travel management plan4 7e7 ,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 closures4 4 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of ,agriculture to carry out section #h of ,public ,law #hh-feg 7commonly known as the ,forest ,roads and ,trails ,act7 #bej1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 #djhjb4 ,study and report on feasibility of revegetating reclaimed mine sites 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 the ,secretary of the ,interior1 acting through the ,director of the ,office of ,surface ,mining ,reclamation and ,enforcement1 shall conduct1 and submit to ,congress a report describing the results of1 a study on the feasibility of revegetating reclaimed mined sites4 7b7 ,inclusions ,the report submitted under subsection 7a7 shall include-- 7#a7 recommendations for how a program could be implemented through the ,office of ,surface ,mining ,reclamation and ,enforcement to revegetate reclaimed mined sites2 7#b7 identifications of reclaimed mine sites that would be suitable for inclusion in such a program1 including sites on land that-- 7,a7 is subject to title ,,iv of the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abca et seq472 and 7,b7 is not subject to that title2 7#c7 a description of any barriers to implementation of such a program1 including whether the program would potentially interfere with the authorities contained in1 or the implementation of1 the ,surface ,mining ,control and ,reclamation ,act of #aigg 7#cj ,u4,s4,c4 #abja et seq471 including the ,abandoned ,mine ,reclamation ,fund created by section #dja of that ,act 7#cj ,u4,s4,c4 #abca7 and ,state reclamation programs under section #dje of that ,act 7#cj ,u4,s4,c4 #abce72 and 7#d7 a description of the potential for job creation and workforce needs if such a program was implemented4 #djhjc4 ,wildfire risk reduction 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 for the activities described in subsection 7c71 #c1cfi1bjj1jjj for the period of fiscal years #bjbb through #bjbf4 7b7 ,treatment ,of the ,federal land or ,indian forest land or rangeland that has been identified as having a very high wildfire hazard potential1 the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 shall1 by not later than ,september #cj1 #bjbg1 conduct restoration treatments and improve the ,fire ,regime ,condition ,class of #aj1jjj1jjj acres that are located in-- 7#a7 the wildland-urban interface2 or 7#b7 a public drinking water source area4 7c7 ,activities ,of the amounts made available under subsection 7a7 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #bj1jjj1jjj 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 prevention1 of which-- 7,a7 #aj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #aj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#b7 #fjj1jjj1jjj shall be made available for the salaries and expenses of ,federal wildland firefighters in accordance with subsection 7d71 of which-- 7,a7 #abj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #dhj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#c7 #aj1jjj1jjj 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 agency2 7#d7 #cj1jjj1jjj shall be made available to the ,secretary of ,agriculture to provide financial assistance to ,states1 ,indian ,tribes1 and units of local government to establish and operate ,reverse-#iaa telecommunication systems2 7#e7 #ej1jjj1jjj 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 engines2 7#f7 #a1bjj1jjj shall be made available to the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 to develop and publish1 not later than #ahj days after the date of enactment of this ,act1 and every #e years thereafter1 a map depicting at-risk communities 7as defined in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa771 including ,tribal at-risk communities2 7#g7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 preplanning fire response workshops that develop-- 7,i7 potential operational delineations2 and 7,,ii7 select potential control locations2 and 7ii7 workforce training for staff1 non-,federal firefighters1 and ,native village fire crews for-- 7,i7 wildland firefighting2 and 7,,ii7 increasing the pace and scale of vegetation treatments1 including training on how to prepare and implement large landscape treatments2 and 7,b7 of which-- 7i7 #ej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7ii7 #ej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#h7 #bj1jjj1jjj 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 #bjjd 7#af ,u4,s4,c4 #fgja et seq47-- 7,a7 to compile and display existing data1 including geographic data1 for hazardous fuel reduction or wildfire prevention treatments undertaken by the ,secretary of the ,interior or the ,secretary of ,agriculture1 including treatments undertaken with funding provided under this title2 7,b7 to compile and display existing data1 including geographic data1 for large wildfires1 as defined by the ,national ,wildfire ,coordinating ,group1 that occur in the ,united ,states2 7,c7 to facilitate coordination and use of existing and future interagency fuel treatment data1 including geographic data1 for the purposes of-- 7i7 assessing and planning cross-boundary fuel treatments2 and 7ii7 monitoring the effects of treatments on wildfire outcomes and ecosystem restoration services1 using the data compiled under subparagraphs 7,a7 and 7,b72 7,d7 to publish a report every #e years showing the extent to which treatments described in subparagraph 7,a7 and previous wildfires affect the boundaries of wildfires1 categorized by-- 7i7 ,federal land management agency2 7ii7 region of the ,united ,states2 and 7iii7 treatment type2 and 7,e7 to carry out other related activities of a ,southwest ,ecological ,restoration ,institute1 as authorized by the ,southwest ,forest ,health and ,wildfire ,prevention ,act of #bjjd 7#af ,u4,s4,c4 #fgja et seq472 7#i7 #bj1jjj1jjj shall be available for activities conducted under the ,joint ,fire ,science ,program1 of which-- 7,a7 #aj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #aj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#aj7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture for collaboration and collaboration-based activities1 including facilitation1 certification of collaboratives1 and planning and implementing projects under the ,collaborative ,forest ,landscape ,restoration ,program established under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7 in accordance with subsection 7e72 7#aa7 #ejj1jjj1jjj shall be made available to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 conducting mechanical thinning and timber harvesting in an ecologically appropriate manner that maximizes the retention of large trees1 as appropriate for the forest type1 to the extent that the trees promote fire-resilient stands2 or 7ii7 precommercial thinning in young growth stands for wildlife habitat benefits to provide subsistence resources2 and 7,b7 of which-- 7i7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7ii7 #djj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ab7 #ejj1jjj1jjj shall be made available to the ,secretary of ,agriculture1 in cooperation with ,states1 to award community wildfire defense grants to at-risk communities in accordance with subsection 7f72 7#ac7 #ejj1jjj1jjj shall be made available for planning and conducting prescribed fires and related activities1 of which-- 7,a7 #bej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #bej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ad7 #ejj1jjj1jjj shall be made available for developing or improving potential control locations1 in accordance with paragraph 7#g77;,a77i77,,ii71 including installing fuelbreaks 7including fuelbreaks studied under subsection 7i771 with a focus on shaded fuelbreaks when ecologically appropriate1 of which-- 7,a7 #bej1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #bej1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ae7 #bjj1jjj1jjj 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 treatments1 to the extent practicable1 to produce biochar and other innovative wood products1 including through the use of existing locally based organizations that engage young adults1 ,native youth1 and veterans in service projects1 such as youth and conservation corps1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#af7 #bjj1jjj1jjj shall be made available for post-fire restoration activities that are implemented not later than #c years after the date that a wildland fire is contained1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#ag7 #h1jjj1jjj shall be made available to the ,secretary of ,agriculture-- 7,a7 to provide feedstock to firewood banks2 and 7,b7 to provide financial assistance for the operation of firewood banks2 and 7#ah7 #aj1jjj1jjj 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 equipment1 such as sensors1 cameras1 and other relevant equipment1 in areas at risk of wildfire or post-burned areas4 7d7 ,wildland firefighters 7#a7 ,in general ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall1 using the amounts made available under subsection 7c77#b71 coordinate with the ,director of the ,office of ,personnel ,management to develop a distinct wildland firefighter occupational series4 7#b7 ,hazardous duty differential not affected ,section #eede7;d77#a7 of title #e1 ,united ,states ,code1 is amended by striking except and all that follows through and at the end and inserting the following3 8except-- 7,a7 an employee in an occupational series covering positions for which the primary duties involve the prevention1 control1 suppression1 or management of wildland fires1 as determined by the ,office2 and 7,b7 in such other circumstances as the ,office may by regulation prescribe2 and 4 7#c7 ,current employees ,any individual employed as a wildland firefighter on the date on which the occupational series established under paragraph 7#a7 takes effect may elect-- 7,a7 to remain in the occupational series in which the individual is employed2 or 7,b7 to be included in the wildland firefighter occupational series established under that paragraph4 7#d7 ,permanent employees2 increase in salary ,using the amounts made available under subsection 7c77#b71 beginning ,october #a1 #bjba1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7,a7 seek to convert not fewer than #a1jjj seasonal wildland firefighters to wildland firefighters that-- 7i7 are full-time1 permanent1 year-round ,federal employees2 and 7ii7 reduce hazardous fuels on ,federal land not fewer than #hjj hours per year2 and 7,b7 increase the base salary of a ,federal wildland firefighter by the lesser of an amount that is commensurate with an increase of #bj1jjj per year or an amount equal to #ej percent of the base salary1 if the ,secretary concerned1 in coordination with the ,director of the ,office of ,personnel ,management1 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 firefighter4 7#e7 ,national wildfire coordinating group ,using the amounts made available under subsection 7c77#b71 not later than ,october #a1 #bjbb1 the ,secretary of the ,interior and the ,secretary of ,agriculture shall-- 7,a7 develop and adhere to recommendations for mitigation strategies for wildland firefighters to minimize exposure due to line-of-duty environmental hazards2 and 7,b7 establish programs for permanent1 temporary1 seasonal1 and year-round wildland firefighters to recognize and address mental health needs1 including post-traumatic stress disorder care4 7e7 ,collaborative forest landscape restoration program ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 using the amounts made available under subsection 7c77#aj7-- 7#a7 solicit new project proposals under the ,collaborative ,forest ,landscape ,restoration ,program established under section #djjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7 7referred to in this subsection as the ,program72 7#b7 provide up to #e years of additional funding of any proposal originally selected for funding under the ,program prior to ,september #cj1 #bjah-- 7,a7 that has been approved for an extension of funding by the ,secretary of ,agriculture prior to the date of enactment of this ,act2 or 7,b7 that has been recommended for an extension of funding by the advisory panel established under section #djjc7;e7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #gcjc7;e77 prior to the date of enactment of this ,act that the ,secretary of ,agriculture subsequently approves2 and 7#c7 select project proposals for funding under the ,program in a manner that-- 7,a7 gives priority to a project proposal that will treat acres that-- 7i7 have been identified as having very high wildfire hazard potential2 and 7ii7 are located in-- 7,i7 the wildland-urban interface2 or 7,,ii7 a public drinking water source area2 7,b7 takes into consideration-- 7i7 the cost per acre of ,federal land or ,indian forest land or rangeland acres described in subparagraph 7,a7 to be treated2 and 7ii7 the number of acres described in subparagraph 7,a7 to be treated2 7,c7 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 treatments1 which is not limited to an earlier proposal funded under the ,program2 and 7,d7 discontinues funding for a project that fails to achieve the results included in a project proposal submitted under paragraph 7#a7 for more than #b consecutive years4 7f7 ,community wildfire defense grant program 7#a7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 using amounts made available under subsection 7c77#ab71 establish a program1 which shall be separate from the program established under section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc71 under which the ,secretary of ,agriculture1 in cooperation with the ,states1 shall award grants to at-risk communities1 including ,indian ,tribes-- 7,a7 to develop or revise a community wildfire protection plan2 and 7,b7 to carry out projects described in a community wildfire protection plan that is not more than #aj years old4 7#b7 ,priority ,in awarding grants under the program described in paragraph 7#a71 the ,secretary of ,agriculture shall give priority to an at-risk community that is-- 7,a7 in an area identified by the ,secretary of ,agriculture as having high or very high wildfire hazard potential2 7,b7 a low-income community2 or 7,c7 a community impacted by a severe disaster4 7#c7 ,community wildfire defense grants 7,a7 ,grant amounts ,a grant-- 7i7 awarded under paragraph 7#a77;,a7 shall be for not more than #bej1jjj2 and 7ii7 awarded under paragraph 7#a77;,b7 shall be for not more than #aj1jjj1jjj4 7,b7 ,cost sharing requirement 7i7 ,in general ,except as provided in clause 7ii71 the non-,federal cost 7including the administrative cost7 of carrying out a project using funds from a grant awarded under the program described in paragraph 7#a7 shall be-- 7,i7 not less than #aj percent for a grant awarded under paragraph 7#a77;,a72 and 7,,ii7 not less than #be percent for a grant awarded under paragraph 7#a77;,b74 7ii7 ,waiver ,the ,secretary of ,agriculture may waive the cost-sharing requirement under clause 7i7 for a project that serves an underserved community4 7,c7 ,eligibility ,the ,secretary of ,agriculture shall not award a grant under paragraph 7#a7 to an at-risk community that is located in a county or community that-- 7i7 is located in the continental ,united ,states2 and 7ii7 has not adopted an ordinance or regulation that requires the construction of new roofs on buildings to adhere to standards that are similar to1 or more stringent than-- 7,i7 the roof construction standards established by the ,national ,fire ,protection ,association2 or 7,,ii7 an applicable model building code established by the ,international ,code ,council4 7g7 ,priorities ,in carrying out projects using amounts made available under this section1 the ,secretary of the ,interior or the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 as applicable1 shall prioritize funding for projects-- 7#a7 for which any applicable processes under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have been completed on the date of enactment of this ,act2 7#b7 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 wildfires2 7#c7 that maximize the retention of large trees1 as appropriate for the forest type1 to the extent that the trees promote fire-resilient stands2 7#d7 that do not include the establishment of permanent roads2 7#e7 for which funding would be committed to decommission all temporary roads constructed to carry out the project2 and 7#f7 that fully maintain or contribute toward the restoration of the structure and composition of old growth stands consistent with the characteristics of that forest type1 taking into account the contribution of the old growth stand to landscape fire adaption and watershed health1 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 objectives1 as determined by the ,secretary concerned4 7h7 ,reports ,the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 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 7b74 7i7 ,wildfire prevention study 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 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 ,states4 7#b7 ,review ,the study under paragraph 7#a7 shall review-- 7,a7 a full suite of manual1 chemical1 and mechanical treatments2 and 7,b7 the effectiveness of the system described in that paragraph in reducing wildfire risk and protecting communities4 7#c7 ,determination ,not later than #ij days after the date of completion of the study under paragraph 7#a71 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 locations4 7j7 ,monitoring1 maintenance1 and treatment plan and strategy 7#a7 ,in general ,not later than #abj days after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior shall establish a #e-year monitoring1 maintenance1 and treatment plan that-- 7,a7 describes activities under subsection 7c7 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 #aj1jjj1jjj acres of ,federal land or ,tribal ,forest land or rangeland that is identified as having very high wildfire hazard potential1 not including annual treatments otherwise scheduled2 7,b7 establishes a process for prioritizing treatments in areas and communities at the highest risk of catastrophic wildfires2 7,c7 includes an innovative plan and process-- 7i7 to leverage public-private partnerships and resources1 shared stewardship agreements1 good neighbor agreements1 and similar contracting authorities2 7ii7 to prioritize projects for which any applicable processes under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq47 have been completed as of the date of enactment of this ,act2 7iii7 to streamline subsequent projects based on existing statutory or regulatory authorities2 and 7iv7 to develop interagency teams to increase coordination and efficiency under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba72 and 7,d7 establishes a process for coordinating prioritization and treatment with ,state and local entities and affected stakeholders4 7#b7 ,strategy ,not later than #e years after the date of enactment of this ,act1 the ,secretary of ,agriculture and the ,secretary of the ,interior1 in coordination with ,state and local governments1 shall publish a long-term1 outcome-based monitoring1 maintenance1 and treatment strategy-- 7,a7 to maintain forest health improvements and wildfire risk reduction accomplished under this section2 7,b7 to continue treatment at levels necessary to address the #bj1jjj1jjj acres needing priority treatment over the #aj-year period beginning on the date of publication of the strategy2 and 7,c7 to proactively conduct treatment at a level necessary to minimize the risk of wildfire to surrounding at-risk communities4 7k7 ,authorized hazardous fuels projects ,a project carried out using funding authorized under paragraphs 7#aa77;,a77i71 7#ac71 or 7#ad7 of subsection 7c7 shall be considered an authorized hazardous fuel reduction project pursuant to section #ajb of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feab74 #djhjd4 ,ecosystem restoration 7a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 for the activities described in subsection 7b71 #b1acj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7b7 ,activities ,of the amounts made available under subsection 7a7 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #cjj1jjj1jjj shall be made available1 in accordance with subsection 7c71 to the ,secretary of the ,interior and the ,secretary of ,agriculture-- 7,a7 for-- 7i7 entering into contracts1 including stewardship contracts or agreements1 the purpose of each of which shall be to restore ecological health on not fewer than #aj1jjj acres of ,federal land1 including ,indian forest land or rangeland1 and for salaries and expenses associated with preparing and executing those contracts2 and 7ii7 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 7i71 including cancellation and termination costs1 consistent with section #fjd7;h7 of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feia;c7h771 and periodic payments over the span of the contract period2 and 7,b7 of which-- 7i7 #ej1jjj1jjj shall be made available to the ,secretary of the ,interior to enter into contracts described in subparagraph 7,a77i72 7ii7 #aej1jjj1jjj shall be made available to the ,secretary of ,agriculture to enter into contracts described in subparagraph 7,a77i72 and 7iii7 #ajj1jjj1jjj shall be made available until expended to the ,secretary of the ,interior1 notwithstanding any other provision of this ,act1 to establish the ,working ,capital ,fund described in subparagraph 7,a77ii72 7#b7 #bjj1jjj1jjj 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 #hbjf of the ,agricultural ,act of #bjad 7#af ,u4,s4,c4 #baac;a7 or agreements entered into under section #b7;b7 of the ,tribal ,forest ,protection ,act of #bjjd 7#be ,u4,s4,c4 #caae;a7b771 of which-- 7,a7 #dj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #afj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#c7 #djj1jjj1jjj 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 7d72 7#d7 #djj1jjj1jjj shall be made available to the ,secretary of the ,interior to provide grants to ,states1 territories of the ,united ,states1 and ,indian ,tribes for implementing voluntary ecosystem restoration projects on private or public land1 in consultation with the ,secretary of ,agriculture1 that-- 7,a7 prioritizes funding cross-boundary projects2 and 7,b7 requires matching funding from the ,state1 territory of the ,united ,states1 or ,indian ,tribe to be eligible to receive the funding2 7#e7 #ej1jjj1jjj shall be made available to the ,secretary of ,agriculture to award grants to ,states and ,indian ,tribes to establish rental programs for portable skidder bridges1 bridge mats1 or other temporary water crossing structures1 to minimize stream bed disturbance on non-,federal land and ,federal land2 7#f7 #bjj1jjj1jjj shall be made available for invasive species detection1 prevention1 and eradication1 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 land1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#g7 #ajj1jjj1jjj shall be made available to restore1 prepare1 or adapt recreation sites on ,federal land1 including ,indian forest land or rangeland1 in accordance with subsection 7e72 7#h7 #bjj1jjj1jjj shall be made available to restore native vegetation and mitigate environmental hazards on mined land on ,federal and non-,federal land1 of which-- 7,a7 #ajj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #ajj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 7#i7 #bjj1jjj1jjj shall be made available to establish and implement a national revegetation effort on ,federal and non-,federal land1 including to implement the ,national ,seed ,strategy for ,rehabilitation and ,restoration1 of which-- 7,a7 #gj1jjj1jjj shall be made available to the ,secretary of the ,interior2 and 7,b7 #acj1jjj1jjj shall be made available to the ,secretary of ,agriculture2 and 7#aj7 #hj1jjj1jjj shall be made available to the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 to establish a collaborative-based1 landscape-scale restoration program to restore water quality or fish passage on ,federal land1 including ,indian forest land or rangeland1 in accordance with subsection 7f74 7c7 ,ecological health restoration contracts 7#a7 ,submission of list of projects to ,congress ,until the date on which all of the amounts made available to carry out subsection 7b77#a77;,a77i7 are expended1 not later than #ij days before the end of each fiscal year1 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 year1 including-- 7,a7 a detailed description of each project2 and 7,b7 an estimate of the cost1 including salaries and expenses1 for the project4 7#b7 ,alternate allocation ,appropriations ,acts may provide for alternate allocation of amounts made available under subsection 7b77#a71 consistent with the allocations under subparagraph 7,b7 of that subsection4 7#c7 ,lack of alternate allocations ,if ,congress has not enacted legislation establishing alternate allocations described in paragraph 7#b7 by the date on which the ,act making full-year appropriations for the ,department of the ,interior1 ,environment1 and ,related ,agencies for the applicable fiscal year is enacted into law1 amounts made available under subsection 7b77#a77;,b7 shall be allocated by the ,president4 7d7 ,wood products infrastructure ,the ,secretary of ,agriculture1 in coordination with the ,secretary of the ,interior1 shall-- 7#a7 develop a ranking system that categorizes units of ,federal land1 including ,indian forest land or rangeland1 with regard to treating areas at risk of unnaturally severe wildfire or insect or disease infestation1 as being-- 7,a7 very low priority for ecological restoration involving vegetation removal2 7,b7 low priority for ecological restoration involving vegetation removal2 7,c7 medium priority for ecological restoration involving vegetation removal2 7,d7 high priority for ecological restoration involving vegetation removal2 or 7,e7 very high priority for ecological restoration involving vegetation removal2 7#b7 determine1 for a unit identified under paragraph 7#a7 as being high or very high priority for ecological restoration involving vegetation removal1 if-- 7,a7 a sawmill or other wood-processing facility exists in close proximity to1 or a forest worker is seeking to conduct restoration treatment work on or in close proximity to1 the unit2 and 7,b7 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 removal2 7#c7 in accordance with any conditions the ,secretary of ,agriculture determines to be necessary1 using the amounts made available under subsection 7b77#c71 provide financial assistance1 including a low-interest loan or a loan guarantee1 to an entity seeking to establish1 reopen1 retrofit1 expand1 or improve a sawmill or other wood-processing facility in close proximity to a unit of ,federal land that has been identified under paragraph 7#a7 as high or very high priority for ecological restoration1 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 land1 including ,indian forest land or rangeland1 as determined under paragraph 7#b77;,b72 and 7#d7 to the extent practicable1 when allocating funding to units of ,federal land for ecological restoration projects involving vegetation removal1 give priority to a unit of ,federal land that-- 7,a7 has been identified under paragraph 7#a7 as being high or very high priority for ecological restoration involving vegetation removal2 and 7,b7 has a sawmill or other wood-processing facility-- 7i7 that1 as determined under paragraph 7#b7-- 7,i7 exists in close proximity to the unit2 and 7,,ii7 does substantially decrease the cost of conducting ecological restoration projects involving vegetation removal on the unit2 or 7ii7 that has received financial assistance under paragraph 7#c74 7e7 ,recreation sites 7#a7 ,site restoration and improvements ,of the amounts made available under subsection 7b77#g71 #de1jjj1jjj shall be made available to the ,secretary of the ,interior and #ce1jjj1jjj shall be made available the ,secretary of ,agriculture to restore1 prepare1 or adapt recreation sites on ,federal land1 including ,indian forest land or rangeland1 that have experienced or may likely experience visitation and use beyond the carrying capacity of the sites4 7#b7 ,public use recreation cabins 7,a7 ,in general ,of the amounts made available under subsection 7b77#g71 #bj1jjj1jjj shall be made available to the ,secretary of ,agriculture for-- 7i7 the operation1 repair1 reconstruction1 and construction of public use recreation cabins on ,national ,forest ,system land2 and 7ii7 to the extent necessary1 the repair or reconstruction of historic buildings that are to be outleased under section #cjfaba of title #ed1 ,united ,states ,code4 7,b7 ,inclusion ,of the amount described in subparagraph 7,a71 #e1jjj1jjj shall be made available to the ,secretary of ,agriculture for associated salaries and expenses in carrying out that subparagraph4 7,c7 ,agreements ,the ,secretary of ,agriculture may enter into a lease or cooperative agreement with a ,state1 ,indian ,tribe1 local government1 or private entity-- 7i7 to carry out the activities described in subparagraph 7,a72 or 7ii7 to manage the renting of a cabin or building described in subparagraph 7,a7 to the public4 7#c7 ,exclusion ,a project shall not be eligible for funding under this subsection if-- 7,a7 funding for the project would be used for deferred maintenance1 as defined by ,federal ,accounting ,standards ,advisory ,board2 and 7,b7 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 #bjjdjb7;a7 of title #ed1 ,united ,states ,code4 7f7 ,collaborative-based1 aquatic-focused1 landscape-scale restoration program ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall1 in coordination with the ,secretary of the ,interior and using the amounts made available under subsection 7b77#aj7-- 7#a7 solicit collaboratively developed proposals that-- 7,a7 are for #e-year projects to restore fish passage or water quality on ,federal land and non-,federal land to the extent allowed under section #cbc7;a7 of the ,department of the ,interior and ,related ,agencies ,appropriations ,act1 #aiii 7#af ,u4,s4,c4 #ajaa;a7a771 including ,indian forest land or rangeland2 7,b7 contain proposed accomplishments and proposed non-,federal funding2 and 7,c7 request not more than #e1jjj1jjj in funding made available under subsection 7b77#aj72 7#b7 select project proposals for funding in a manner that-- 7,a7 gives priority to a project proposal that would result in the most miles of streams being restored for the lowest amount of ,federal funding2 and 7,b7 discontinues funding for a project that fails to achieve the results included in a proposal submitted under paragraph 7#a7 for more than #b consecutive years2 and 7#c7 publish a list of-- 7,a7 all of the priority watersheds on ,national ,forest ,system land2 7,b7 the condition of each priority watershed on the date of enactment of this ,act2 and 7,c7 the condition of each priority watershed on the date that is #e years after the date of enactment of this ,act4 #djhje4 ,,gao study 7a7 ,study ,not later than #f years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a study on the implementation of this title and the amendments made by this title1 including whether this title and the amendments made by this title have-- 7,a7 effectively reduced wildfire risk1 including the extent to which the wildfire hazard on ,federal land has changed2 and 7,b7 restored ecosystems on ,federal and non-,federal land2 and 7#b7 submit to ,congress a report that describes the results of the study under paragraph 7#a74 7b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,comptroller ,general of the ,unites ,states for the activities described in subsection 7a7 #hjj1jjj4 #djhjf4 ,establishment of fuel breaks in forests and other wildland vegetation 7a7 ,definition of ,secretary concerned ,in this section1 the term ,secretary concerned means-- 7#a7 the ,secretary of ,agriculture1 with respect to ,national ,forest ,system land2 and 7#b7 the ,secretary of the ,interior1 with respect to public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb77 administered by the ,bureau of ,land ,management4 7b7 ,categorical exclusion established ,forest management activities described in subsection 7c7 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 #aifi 7#db ,u4,s4,c4 #dcba et seq47 if the categorical exclusion is documented through a supporting record and decision memorandum4 7c7 ,forest management activities designated for categorical exclusion 7#a7 ,in general ,the category of forest management activities designated under subsection 7b7 for a categorical exclusion are forest management activities described in paragraph 7#b7 that are carried out by the ,secretary concerned on public lands 7as defined in section #ajc of the ,federal ,land ,policy and ,management ,act of #aigf 7#dc ,u4,s4,c4 #agjb77 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-- 7,a7 up to #a1jjj feet in width contiguous with or incorporating existing linear features1 such as roads1 water infrastructure1 transmission and distribution lines1 and pipelines of any length on ,federal land2 and 7,b7 intended to reduce the risk of uncharacteristic wildfire on ,federal land or catastrophic wildfire for an adjacent at-risk community4 7#b7 ,activities ,subject to paragraph 7#c71 the forest management activities that may be carried out pursuant to the categorical exclusion established under subsection 7b7 are-- 7,a7 mowing or masticating2 7,b7 thinning by manual and mechanical cutting2 7,c7 piling1 yarding1 and removal of slash or hazardous fuels2 7,d7 selling of vegetation products1 including timber1 firewood1 biomass1 slash1 and fenceposts2 7,e7 targeted grazing2 7,f7 application of-- 7i7 pesticide2 7ii7 biopesticide2 or 7iii7 herbicide2 7,g7 seeding of native species2 7,h7 controlled burns and broadcast burning2 and 7,i7 burning of piles1 including jackpot piles4 7#c7 ,excluded activities ,a forest management activity described in paragraph 7#b7 may not be carried out pursuant to the categorical exclusion established under subsection 7b7 if the activity is conducted-- 7,a7 in a component of the ,national ,wilderness ,preservation ,system2 7,b7 on ,federal land on which the removal of vegetation is prohibited or restricted by ,act of ,congress1 ,presidential proclamation 7including the applicable implementation plan71 or regulation2 7,c7 in a wilderness study area2 or 7,d7 in an area in which carrying out the activity would be inconsistent with the applicable land management plan or resource management plan4 7#d7 ,extraordinary circumstances ,the ,secretary concerned shall apply the extraordinary circumstances procedures under section #bbj4f of title #cf1 ,code of ,federal ,regulations 7or a successor regulation71 in determining whether to use a categorical exclusion under subsection 7b74 7d7 ,acreage and location limitations ,treatments of vegetation in linear fuel breaks covered by the categorical exclusion established under subsection 7b7-- 7#a7 may not contain treatment units in excess of #c1jjj acres2 7#b7 shall be located primarily in-- 7,a7 the wildland-urban interface or a public drinking water source area2 7,b7 if located outside the wildland-urban interface or a public drinking water source area1 an area within ,condition ,class #b or #c in ,fire ,regime ,group ,i1 ,,ii1 or ,,iii that contains very high wildfire hazard potential2 or 7,c7 an insect or disease area designated by the ,secretary concerned as of the date of enactment of this ,act2 and 7#c7 shall consider the best available scientific information4 7e7 ,roads 7#a7 ,permanent roads ,a project under this section shall not include the establishment of permanent roads4 7#b7 ,existing roads ,the ,secretary concerned may carry out necessary maintenance and repairs on existing permanent roads for the purposes of this section4 7#c7 ,temporary roads ,the ,secretary concerned shall decommission any temporary road constructed under a project under this section not later than #c years after the date on which the project is completed4 7f7 ,public collaboration ,to encourage meaningful public participation during the preparation of a project under this section1 the ,secretary concerned shall facilitate1 during the preparation of each project-- 7#a7 collaboration among ,state and local governments and ,indian ,tribes2 and 7#b7 participation of interested persons4 #djhjg4 ,emergency actions 7a7 ,definitions ,in this section3 7#a7 ,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 life1 property1 or important natural or cultural resources on ,national ,forest ,system land or adjacent land4 7#b7 ,emergency situation ,the term emergency situation means a situation on ,national ,forest ,system land for which immediate implementation of #a or more authorized emergency actions is necessary to achieve #a or more of the following results3 7,a7 ,relief from hazards threatening human health and safety4 7,b7 ,mitigation of threats to natural resources on ,national ,forest ,system land or adjacent land4 7#c7 ,emergency situation determination ,the term emergency situation determination means a determination made by the ,secretary under subsection 7b77#a77;,a74 7#d7 ,land and resource management plan ,the term land and resource management plan means a plan developed under section #f of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjd74 7#e7 ,national forest system land ,the term ,national ,forest ,system land means land of the ,national ,forest ,system 7as defined in section #aa7;a7 of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afji7;a7774 7#f7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,authorized emergency actions to respond to emergency situations 7#a7 ,determination 7,a7 ,in general ,the ,secretary may make a determination that an emergency situation exists with respect to ,national ,forest ,system land4 7,b7 ,review ,an emergency situation determination shall not be subject to objection under the predecisional administrative review processes under part #bah of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7,c7 ,basis of determination ,an emergency situation determination shall be based on an examination of the relevant information4 7#b7 ,authorized emergency actions ,after making an emergency situation determination with respect to ,national ,forest ,system land1 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 ,national ,forest ,system land or adjacent land1 including through-- 7,a7 the salvage of dead or dying trees2 7,b7 the harvest of trees damaged by wind or ice2 7,c7 the commercial and noncommercial sanitation harvest of trees to control insects or disease1 including trees already infested with insects or disease2 7,d7 the reforestation or replanting of fire-impacted areas through planting1 control of competing vegetation1 or other activities that enhance natural regeneration and restore forest species2 7,e7 the removal of hazardous trees in close proximity to roads and trails2 7,f7 the removal of hazardous fuels2 7,g7 the restoration of water sources or infrastructure2 7,h7 the reconstruction of existing utility lines2 and 7,i7 the replacement of underground cables4 7#c7 ,relation to land and resource management plans ,any authorized emergency action carried out under paragraph 7#b7 on ,national ,forest ,system land shall be conducted consistent with the applicable land and resource management plan4 7c7 ,environmental analysis 7#a7 ,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 #ajb7b7 of the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dccb7b771 the ,secretary shall study1 develop1 and describe-- 7,a7 the proposed agency action1 taking into account the probable environmental consequences of the authorized emergency action and mitigating foreseeable adverse environmental effects1 to the extent practicable2 and 7,b7 the alternative of no action4 7#b7 ,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 7#a71 in accordance with applicable regulations and administrative guidelines4 7#c7 ,public comment ,the ,secretary shall provide an opportunity for public comment during the preparation of any environmental assessment or environmental impact statement under paragraph 7#a74 7#d7 ,savings clause ,nothing in this subsection prohibits the ,secretary from-- 7,a7 making an emergency situation determination1 including a determination that an emergency exists pursuant to section #bah4ba7;a7 of title #cf1 ,code of ,federal ,regulations 7or successor regulations72 or 7,b7 taking an emergency action under section #bbj4d7;b7 of title #cf1 ,code of ,federal ,regulations 7or successor regulations74 7d7 ,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 #aje of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feae7 and section #dbh of the ,department of the ,interior1 ,environment1 and ,related ,agencies ,appropriations ,act1 #bjab 7#af ,u4,s4,c4 #feae note2 ,public ,law #aab-gd74 7e7 ,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 merits4 7f7 ,notification and guidance ,the ,secretary shall provide notification and guidance to each local field office of the ,forest ,service to ensure awareness of1 compliance with1 and appropriate use of the authorized emergency action authority under this section4 #djhjh4 ,joint ,chiefs ,landscape ,restoration ,partnership program 7a7 ,definitions ,in this section3 7#a7 ,chiefs ,the term ,chiefs means the ,chief of the ,forest ,service and the ,chief of the ,natural ,resources ,conservation ,service4 7#b7 ,eligible activity ,the term eligible activity means an activity-- 7,a7 to reduce the risk of wildfire2 7,b7 to protect water quality and supply2 or 7,c7 to improve wildlife habitat for at-risk species4 7#c7 ,program ,the term ,program means the ,joint ,chiefs ,landscape ,restoration ,partnership program established under subsection 7b77#a74 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7#e7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 7b7 ,establishment 7#a7 ,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 ,state1 ,tribal1 and private land4 7#b7 ,administration ,the ,secretary shall administer the ,program by coordinating eligible activities conducted on ,national ,forest ,system land and ,state1 ,tribal1 or private land across a forest landscape to improve the health and resilience of the forest landscape by-- 7,a7 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 #aihe 7#af ,u4,s4,c4 #chja et seq471 not including the conservation reserve program established under subchapter ,b of chapter #a of subtitle ,d of that title 7#af ,u4,s4,c4 #chca et seq472 and 7,b7 conducting eligible activities on ,national ,forest ,system land or assisting landowners in implementing eligible activities on ,state1 ,tribal1 or private land using the applicable programs and authorities administered by the ,chief of the ,forest ,service4 7c7 ,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 ,program4 7d7 ,evaluation criteria ,in evaluating and selecting proposals submitted under subsection 7c71 the ,chiefs shall consider-- 7#a7 criteria including whether the proposal-- 7,a7 reduces wildfire risk in a municipal watershed or the wildland-urban interface2 7,b7 was developed through a collaborative process with participation from diverse stakeholders2 7,c7 increases forest workforce capacity or forest business infrastructure and development2 7,d7 leverages existing authorities and non-,federal funding2 7,e7 provides measurable outcomes2 or 7,f7 supports established ,state and regional priorities2 and 7#b7 such other criteria relating to the merits of the proposals as the ,chiefs determine to be appropriate4 7e7 ,outreach ,the ,secretary shall provide-- 7#a7 public notice on the websites of the ,forest ,service and the ,natural ,resources ,conservation ,service describing-- 7,a7 the solicitation of proposals under subsection 7c72 and 7,b7 the criteria for selecting proposals in accordance with subsection 7d72 and 7#b7 information relating to the ,program and activities funded under the ,program to ,states1 ,indian ,tribes1 units of local government1 and private landowners4 7f7 ,exclusions ,an eligible activity may not be carried out under the ,program-- 7#a7 in a wilderness area or designated wilderness study area2 7#b7 in an inventoried roadless area2 7#c7 on any ,federal land on which1 by ,act of ,congress or ,presidential proclamation1 the removal of vegetation is restricted or prohibited2 or 7#d7 in an area in which the eligible activity would be inconsistent with the applicable land and resource management plan4 7g7 ,accountability 7#a7 ,initial report ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report providing recommendations to ,congress relating to the ,program1 including a review of-- 7,a7 funding mechanisms for the ,program2 7,b7 staff capacity to carry out the ,program2 7,c7 privacy laws applicable to the ,program2 7,d7 data collection under the ,program2 7,e7 monitoring and outcomes under the ,program2 and 7,f7 such other matters as the ,secretary considers to be appropriate4 7#b7 ,additional reports ,for each of fiscal years #bjbb and #bjbc1 the ,chiefs shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry and the ,committee on ,appropriations of the ,senate and the ,committee on ,agriculture and the ,committee on ,appropriations of the ,house of ,representatives a report describing projects for which funding is provided under the ,program1 including the status and outcomes of those projects4 7h7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out the ,program #ij1jjj1jjj for each of fiscal years #bjbb and #bjbc4 7#b7 ,additional funds ,in addition to the funds described in paragraph 7#a71 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 ,program4 7#c7 ,duration of availability ,funds made available under paragraph 7#a7 shall remain available until expended4 7#d7 ,distribution of funds ,of the funds made available under paragraph 7#a7-- 7,a7 not less than #dj percent shall be allocated to carry out eligible activities through the ,natural ,resources ,conservation ,service2 7,b7 not less than #dj percent shall be allocated to carry out eligible activities through the ,forest ,service2 and 7,c7 the remaining funds shall be allocated by the ,chiefs to the ,natural ,resources ,conservation ,service or the ,forest ,service-- 7i7 to carry out eligible activities2 or 7ii7 for other purposes1 such as technical assistance1 project development1 or local capacity building4 ,,ix ,western water infrastructure #djija4 ,authorizations of appropriations ,there are authorized to be appropriated to the ,secretary of the ,interior1 acting through the ,commissioner of ,reclamation 7referred to in this title as the ,secretary71 for the period of fiscal years #bjbb through #bjbf-- 7#a7 #a1aej1jjj1jjj for water storage1 groundwater storage1 and conveyance projects in accordance with section #djijb1 of which #ajj1jjj1jjj shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with section #djijc2 7#b7 #c1bjj1jjj1jjj for the ,aging ,infrastructure ,account established by subsection 7d77#a7 of section #ifjc of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b71 to be made available for activities in accordance with that subsection1 including major rehabilitation and replacement activities1 as identified in the ,asset ,management ,report of the ,bureau of ,reclamation dated ,april #bjba1 of which-- 7,a7 #ajj1jjj1jjj shall be made available for ,bureau of ,reclamation reserved or transferred works that have suffered a critical failure1 in accordance with section #djijd7;a72 and 7,b7 #ajj1jjj1jjj shall be made available for the rehabilitation1 reconstruction1 or replacement of a dam in accordance with section #djijd7;b72 7#c7 #a1jjj1jjj1jjj for rural water projects that have been authorized by an ,act of ,congress before ,july #a1 #bjba1 in accordance with the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq472 7#d7 #a1jjj1jjj1jjj for water recycling and reuse projects1 of which-- 7,a7 #eej1jjj1jjj shall be made available for water recycling and reuse projects authorized in accordance with the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq47 that are-- 7i7 authorized or approved for construction funding by an ,act of ,congress before the date of enactment of this ,act2 or 7ii7 selected for funding under the competitive grant program authorized pursuant to section #afjb7;f7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7f771 with funding under this subparagraph to be provided in accordance with that section1 notwithstanding section #djac of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 except that section #afjb7;g77#b7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7g77#b77 shall not apply to amounts made available under this subparagraph2 and 7,b7 #dej1jjj1jjj shall be made available for large-scale water recycling and reuse projects in accordance with section #djije2 7#e7 #bej1jjj1jjj for water desalination projects and studies authorized in accordance with the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 that are-- 7,a7 authorized or approved for construction funding by an ,act of ,congress before ,july #a1 #bjba2 or 7,b7 selected for funding under the program authorized pursuant to section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 with funding to be made available under this paragraph in accordance with that subsection1 notwithstanding section #djac of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb71 except that paragraph 7#b77;,f7 of section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 7as redesignated by section #djijh7 shall not apply to amounts made available under this paragraph2 7#f7 #ejj1jjj1jjj for the safety of dams program1 in accordance with the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejf et seq472 7#g7 #djj1jjj1jjj for ,water,s,m,a,r,t grants in accordance with section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd71 of which #ajj1jjj1jjj shall be made available for projects that would improve the condition of a natural feature or nature-based feature 7as those terms are defined in section #iejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfb772 7#h7 subject to section #djijf1 #cjj1jjj1jjj for implementing the ,colorado ,river ,basin ,drought ,contingency ,plan1 consistent with the obligations of the ,secretary under the ,colorado ,river ,drought ,contingency ,plan ,authorization ,act 7,public ,law #aaf-ad2 #acc ,stat4 #hej7 and related agreements1 of which #ej1jjj1jjj shall be made available for use in accordance with the ,drought ,contingency ,plan for the ,upper ,colorado ,river ,basin2 7#i7 #ajj1jjj1jjj to provide financial assistance for watershed management projects in accordance with subtitle ,a of title ,,vi of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #ajae et seq472 7#aj7 #bej1jjj1jjj for design1 study1 and construction of aquatic ecosystem restoration and protection projects in accordance with section #aaji of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj72 7#aa7 #ajj1jjj1jjj for multi-benefit projects to improve watershed health in accordance with section #djijg2 and 7#ab7 #ej1jjj1jjj for endangered species recovery and conservation programs in the ,colorado ,river ,basin in accordance with-- 7,a7 ,public ,law #ajf-cib 7#aad ,stat4 #afjb72 7,b7 the ,grand ,canyon ,protection ,act of #aiib 7,public ,law #ajb-ege2 #ajf ,stat4 #dffi72 and 7,c7 subtitle ,e of title ,,ix of the ,omnibus ,public ,land ,management ,act of #bjji 7,public ,law #aaa-aa2 #abc ,stat4 #acbg74 #djijb4 ,water storage1 groundwater storage1 and conveyance projects 7a7 ,eligibility for funding 7#a7 ,feasibility studies 7,a7 ,in general ,a feasibility study shall only be eligible for funding under section #djija7a7 if-- 7i7 the feasibility study has been authorized by an ,act of ,congress before the date of enactment of this ,act2 7ii7 ,congress has approved funding for the feasibility study in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 before the date of enactment of this ,act2 or 7iii7 the feasibility study is authorized under subparagraph 7,b74 7,b7 ,feasibility study authorizations ,the ,secretary may carry out feasibility studies for the following projects3 7i7 ,the ,verde ,reservoirs ,sediment ,mitigation ,project in the ,state of ,arizona4 7ii7 ,the ,tualatin ,river ,basin ,project in the ,state of ,oregon4 7#b7 ,construction ,a project shall only be eligible for construction funding under section #djija7a7 if-- 7,a7 an ,act of ,congress enacted before the date of enactment of this ,act authorizes construction of the project2 7,b7 ,congress has approved funding for construction of the project in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 before the date of enactment of this ,act1 except for any project for which-- 7i7 ,congress did not approve the recommendation of the ,secretary for funding under subsection 7h77#b7 of that section for at least #a fiscal year before the date of enactment of this ,act2 or 7ii7 ,state funding for the project was rescinded by the ,state before the date of enactment of this ,act2 or 7,c7 7i7 ,congress has authorized or approved funding for a feasibility study for the project in accordance with clause 7i7 or 7ii7 of paragraph 7#a77;,a7 7except that projects described in clauses 7i7 and 7ii7 of subparagraph 7,b7 shall not be eligible72 and 7ii7 on completion of the feasibility study for the project1 the ,secretary-- 7,i7 finds the project to be technically and financially feasible in accordance with the reclamation laws2 7,,ii7 determines that sufficient non-,federal funding is available for the non-,federal cost share of the project2 and 7,,iii7 7aa7 finds the project to be in the public interest2 and 7bb7 recommends the project for construction4 7b7 ,cost-sharing requirement 7#a7 ,in general ,the ,federal share-- 7,a7 for a project authorized by an ,act of ,congress shall be determined in accordance with that ,act2 7,b7 for a project approved by ,congress in accordance with section #djjg of the ,water ,infrastructure ,improvements for the ,nation ,act 7#dc ,u4,s4,c4 #cij;b note2 ,public ,law #aad-cbb7 7including construction resulting from a feasibility study authorized under that ,act7 shall be as provided in that ,act2 and 7,c7 for a project not described in subparagraph 7,a7 or 7,b7-- 7i7 in the case of a federally owned project1 shall not exceed #ej percent of the total cost of the project2 and 7ii7 in the case of a non-,federal project1 shall not exceed #be percent of the total cost of the project4 7#b7 ,federal benefits ,before funding a project under this section1 the ,secretary shall determine that1 in return for the ,federal investment in the project1 at least a proportionate share of the benefits are ,federal benefits4 7#c7 ,reimbursability ,the reimbursability of ,federal funding of projects under this section shall be in accordance with the reclamation laws4 7c7 ,environmental laws ,in providing funding for a project under this section1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 #djijc4 ,small water storage and groundwater storage projects 7a7 ,establishment of a competitive grant program for small water storage and groundwater storage projects ,the ,secretary shall establish a competitive grant program1 under which the non-,federal project sponsor of any project in a ,reclamation ,state1 including the ,state of ,alaska or ,hawaii1 determined by the ,secretary to be feasible under subsection 7b77#b77;,b7 shall be eligible to apply for funding for the planning1 design1 and construction of the project4 7b7 ,eligibility and selection 7#a7 ,submission to the secretary 7,a7 ,in general ,a non-,federal project sponsor described in subsection 7a7 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 study4 7,b7 ,eligible projects ,a project shall be considered eligible for consideration for a grant under this section if the project-- 7i7 has water storage capacity of not less than #b1jjj acre-feet and not more than #cj1jjj acre-feet2 and 7ii7 7,i7 increases surface water or groundwater storage2 or 7,,ii7 conveys water1 directly or indirectly1 to or from surface water or groundwater storage4 7,c7 ,guidelines ,not later than #fj days after the date of enactment of this ,act1 the ,secretary shall issue guidelines for feasibility studies for small storage projects to provide sufficient information for the formulation of the studies4 7#b7 ,review by the secretary ,the ,secretary shall review each feasibility study received under paragraph 7#a77;,a7 for the purpose of determining whether-- 7,a7 the feasibility study1 and the process under which the study was developed1 each comply with ,federal laws 7including regulations7 applicable to feasibility studies of small storage projects2 7,b7 the project is technically and financially feasible1 in accordance with-- 7i7 the guidelines developed under paragraph 7#a77;,c72 and 7ii7 the reclamation laws2 and 7,c7 the project provides a ,federal benefit1 as determined by the ,secretary4 7#c7 ,submission to congress ,not later than #ahj days after the date of receipt of a feasibility study received under paragraph 7#a77;,a71 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-- 7,a7 the results of the review of the study by the ,secretary under paragraph 7#b71 including a determination of whether the project is feasible and provides a ,federal benefit2 7,b7 any recommendations that the ,secretary may have concerning the plan or design of the project2 and 7,c7 any conditions the ,secretary may require for construction of the project4 7#d7 ,eligibility for funding 7,a7 ,in general ,the non-,federal project sponsor of any project determined by the ,secretary to be feasible under paragraph 7#c77;,a7 shall be eligible to apply to the ,secretary for a grant to cover the ,federal share of the costs of planning1 designing1 and constructing the project pursuant to subsection 7c74 7,b7 ,required determination ,prior to awarding grants to a small storage project1 the ,secretary shall determine whether there is sufficient non-,federal funding available to complete the project4 7#e7 ,priority ,in awarding grants to projects under this section1 the ,secretary shall give priority to projects that meet #a or more of the following criteria3 7,a7 ,projects that are likely to provide a more reliable water supply for ,states1 ,indian ,tribes1 and local governments1 including subdivisions of those entities4 7,b7 ,projects that are likely to increase water management flexibility and reduce impacts on environmental resources from projects operated by ,federal and ,state agencies4 7,c7 ,projects that are regional in nature4 7,d7 ,projects with multiple stakeholders4 7,e7 ,projects that provide multiple benefits1 including water supply reliability1 ecosystem benefits1 groundwater management and enhancements1 and water quality improvements4 7c7 ,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-- 7#a7 #be percent of the total project cost2 or 7#b7 #cj1jjj1jjj4 7d7 ,environmental laws ,in providing funding for a grant for a project under this section1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7e7 ,termination of authority ,the authority to carry out this section terminates on the date that is #e years after the date of enactment of this ,act4 #djijd4 ,critical maintenance and repair 7a7 ,critical failure at a reserved or transferred work 7#a7 ,in general ,a reserved or transferred work shall only be eligible for funding under section #djija7b77;,a7 if-- 7,a7 construction of the reserved or transferred work began on or before ,january #a1 #aiae2 and 7,b7 a unit of the reserved or transferred work suffered a critical failure in ,bureau of ,reclamation infrastructure during the #b-year period ending on the date of enactment of this ,act that resulted in the failure to deliver water to project beneficiaries4 7#b7 ,use of funds ,rehabilitation1 repair1 and replacement activities for a transferred or reserved work using amounts made available under section #djija7b77;,a7 may be used for the entire transferred or reserved work1 regardless of whether the critical failure was limited to a single project of the overall work4 7#c7 ,nonreimbursable funds ,notwithstanding section #ifjc7;b7 of the ,omnibus ,public ,land ,management ,act of #bjji 7#dc ,u4,s4,c4 #eaj;b7b771 amounts made available to a reserved or transferred work under section #djija7b77;,a7 shall be nonreimbursable to the ,united ,states4 7b7 ,carey act projects ,the ,secretary shall use amounts made available under section #djija7b77;,b7 to fund the rehabilitation1 reconstruction1 or replacement of a dam-- 7#a7 the construction of which began on or after ,january #a1 #aije2 7#b7 that was developed pursuant to section #d of the ,act of ,august #ah1 #ahid 7commonly known as the ,carey ,act7 7#dc ,u4,s4,c4 #fda2 #bh ,stat4 #dbb1 chapter #cja72 7#c7 that the ,governor of the ,state in which the dam is located has-- 7,a7 determined the dam has reached its useful life2 7,b7 determined the dam poses significant health and safety concerns2 and 7,c7 requested ,federal support2 and 7#d7 for which the estimated rehabilitation1 reconstruction1 or replacement1 engineering1 and permitting costs would exceed #ej1jjj1jjj4 #djije4 ,competitive grant program for large-scale water recycling and reuse program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 ,indian ,tribe1 municipality1 irrigation district1 water district1 wastewater district1 or other organization with water or power delivery authority2 7,b7 a ,state1 regional1 or local authority1 the members of which include #a or more organizations with water or power delivery authority2 or 7,c7 an agency established under ,state law for the joint exercise of powers or a combination of entities described in subparagraphs 7,a7 and 7,b74 7#b7 ,eligible project ,the term eligible project means a project described in subsection 7c74 7#c7 ,program ,the term program means the grant program established under subsection 7b74 7#d7 ,reclamation state ,the term ,reclamation ,state means a ,state or territory described in the first section of the ,act of ,june #ag1 #aijb 7#dc ,u4,s4,c4 #cia2 #cb ,stat4 #chh1 chapter #ajic74 7b7 ,establishment ,the ,secretary shall establish a program to provide grants to eligible entities on a competitive basis for the planning1 design1 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 section4 7c7 ,eligible project ,a project shall be eligible for a grant under this section if the project-- 7#a7 reclaims and reuses-- 7,a7 municipal1 industrial1 domestic1 or agricultural wastewater2 or 7,b7 impaired groundwater or surface water2 7#b7 has a total estimated cost of #ejj1jjj1jjj or more2 7#c7 is located in a ,reclamation ,state2 7#d7 is constructed1 operated1 and maintained by an eligible entity2 and 7#e7 provides a ,federal benefit in accordance with the reclamation laws4 7d7 ,project evaluation ,the ,secretary may provide a grant to an eligible project under the program if-- 7#a7 the eligible entity determines through the preparation of a feasibility study or equivalent study1 and the ,secretary concurs1 that the eligible project-- 7,a7 is technically and financially feasible2 7,b7 provides a ,federal benefit in accordance with the reclamation laws2 and 7,c7 is consistent with applicable ,federal and ,state laws2 7#b7 the eligible entity has sufficient non-,federal funding available to complete the eligible project1 as determined by the ,secretary2 7#c7 the eligible entity is financially solvent1 as determined by the ,secretary2 and 7#d7 not later than #cj days after the date on which the ,secretary concurs with the determinations under paragraph 7#a7 with respect to the eligible project1 the ,secretary submits to ,congress written notice of the determinations4 7e7 ,priority ,in providing grants to eligible projects under the program1 the ,secretary shall give priority to eligible projects that meet #a or more of the following criteria3 7#a7 ,the eligible project provides multiple benefits1 including-- 7,a7 water supply reliability benefits for drought-stricken ,states and communities2 7,b7 fish and wildlife benefits2 and 7,c7 water quality improvements4 7#b7 ,the eligible project is likely to reduce impacts on environmental resources from water projects owned or operated by ,federal and ,state agencies1 including through measurable reductions in water diversions from imperiled ecosystems4 7#c7 ,the eligible project would advance water management plans across a multi-,state area1 such as drought contingency plans in the ,colorado ,river ,basin4 7#d7 ,the eligible project is regional in nature4 7#e7 ,the eligible project is collaboratively developed or supported by multiple stakeholders4 7f7 ,federal assistance 7#a7 ,federal cost share ,the ,federal share of the cost of any project provided a grant under the program shall not exceed #be percent of the total cost of the eligible project4 7#b7 ,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 program4 7#c7 ,nonreimbursable funds ,any funds provided by the ,secretary to an eligible entity under the program shall be considered nonreimbursable4 7#d7 ,funding eligibility ,an eligible project shall not be considered ineligible for assistance under the program because the eligible project has received assistance under-- 7,a7 the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h et seq472 7,b7 section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 for eligible desalination projects2 or 7,c7 section #afjb7;e7 of the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#dc ,u4,s4,c4 #cij;h7e774 7g7 ,environmental laws ,in providing a grant for an eligible project under the program1 the ,secretary shall comply with all applicable environmental laws1 including the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq474 7h7 ,guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall issue guidance on the implementation of the program1 including guidelines for the preparation of feasibility studies or equivalent studies by eligible entities4 7i7 ,reports 7#a7 ,annual report ,at the end of each fiscal year1 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 year4 7#b7 ,comptroller general 7,a7 ,assessment ,the ,comptroller ,general of the ,united ,states shall conduct an assessment of the administrative establishment1 solicitation1 selection1 and justification process with respect to the funding of grants under this section4 7,b7 ,report ,not later than #a year after the date of the initial award of grants under this section1 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-- 7i7 the adequacy and effectiveness of the process by which each eligible project was selected1 if applicable2 and 7ii7 the justification and criteria used for the selection of each eligible project1 if applicable4 7j7 ,treatment of conveyance ,the ,secretary shall consider the planning1 design1 and construction of a conveyance system for an eligible project to be eligible for grant funding under the program4 7k7 ,termination of authority ,the authority to carry out this section terminates on the date that is #e years after the date of enactment of this ,act4 #djijf4 ,drought contingency plan funding requirements 7a7 ,in general ,funds made available under section #djija7h7 for use in the ,lower ,colorado ,river ,basin may be used for projects-- 7#a7 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 ,basin2 or 7#b7 to improve the long-term efficiency of operations in the ,lower ,colorado ,river ,basin4 7b7 ,limitation ,none of the funds made available under section #djija7h7 may be used for the operation of the ,yuma ,desalting ,plant4 7c7 ,effect ,nothing in section #djija7h7 limits existing or future opportunities to augment the water supplies of the ,colorado ,river4 #djijg4 ,multi-benefit projects to improve watershed health 7a7 ,definition of eligible applicant ,in this section1 the term eligible applicant means-- 7#a7 a ,state2 7#b7 a ,tribal or local government2 7#c7 an organization with power or water delivery authority2 7#d7 a regional authority2 or 7#e7 a nonprofit conservation organization4 7b7 ,establishment of competitive grant program ,not later than #a year after the date of enactment of this ,act1 the ,secretary1 in consultation with the heads of relevant agencies1 shall establish a competitive grant program under which the ,secretary shall award grants to eligible applicants for the design1 implementation1 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 #a or more of the following3 7#a7 ,ecosystem benefits4 7#b7 ,restoration of native species4 7#c7 ,mitigation against the impacts of climate change to fish and wildlife habitats4 7#d7 ,protection against invasive species4 7#e7 ,restoration of aspects of the natural ecosystem4 7#f7 ,enhancement of commercial1 recreational1 subsistence1 or ,tribal ceremonial fishing4 7#g7 ,enhancement of river-based recreation4 7c7 ,requirements 7#a7 ,in general ,in awarding a grant to an eligible applicant under subsection 7b71 the ,secretary-- 7,a7 shall give priority to an eligible applicant that would carry out a habitat restoration project that achieves more than #a of the benefits described in that subsection2 and 7,b7 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 law4 7#b7 ,compliance ,a habitat restoration project awarded a grant under subsection 7b7 shall comply with all applicable ,federal and ,state laws4 7d7 ,cost-sharing requirement ,the ,federal share of the cost of any habitat restoration project that is awarded a grant under subsection 7b7-- 7#a7 shall not exceed #ej percent of the cost of the habitat restoration project2 or 7#b7 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 #ge percent of the cost of the habitat restoration project1 as determined by the ,secretary1 shall not exceed #ge percent of the cost of the habitat restoration project4 #djijh4 ,eligible desalination projects ,section #d7;a7 of the ,water ,desalination ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih7 is amended by redesignating the second paragraph 7#a7 7relating to eligible desalination projects7 as paragraph 7#b74 #djiji4 ,clarification of authority to use coronavirus fiscal recovery funds to meet a non-,federal matching requirement for authorized ,bureau of ,reclamation water projects 7a7 ,coronavirus state fiscal recovery fund ,section #fjb7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjb7;c77 is amended by adding at the end the following3 7#d7 ,use of funds to satisfy non-federal matching requirements for authorized ,bureau of ,reclamation water projects ,funds provided under this section for an authorized ,bureau of ,reclamation project may be used for purposes of satisfying any non-,federal matching requirement required for the project4 4 7b7 ,coronavirus local fiscal recovery fund ,section #fjc7;c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #hjc7;c77 is amended by adding at the end the following3 7#e7 ,use of funds to satisfy non-federal matching1 maintenance of effort1 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 project4 4 7c7 ,effective date ,the amendments made by this section shall take effect as if included in the enactment of section #iija of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b2 #ace ,stat4 #bbc74 #djiaj4 ,federal assistance for groundwater recharge1 aquifer storage1 and water source substitution projects 7a7 ,in general ,the ,secretary1 at the request of and in coordination with affected ,indian ,tribes1 ,states 7including subdivisions and departments of a ,state71 or a public agency organized pursuant to ,state law1 may provide technical or financial assistance for1 participate in1 and enter into agreements 7including agreements with irrigation entities7 for-- 7#a7 groundwater recharge projects2 7#b7 aquifer storage and recovery projects2 or 7#c7 water source substitution for aquifer protection projects4 7b7 ,limitation ,nothing in this section authorizes additional technical or financial assistance for1 or participation in an agreement for1 a surface water storage facility to be constructed or expanded4 7c7 ,requirement ,a construction project shall only be eligible for financial assistance under this section if the project meets the conditions for funding under section #djijb7;a77#b77;,c77ii74 7d7 ,cost sharing ,cost sharing for a project funded under this section shall be in accordance with section #djijb7;b74 7e7 ,environmental laws ,in providing funding for a project under this section1 the ,secretary shall comply with all applicable environmental laws1 including -- 7#a7 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 7#b7 any obligations for fish1 wildlife1 or water quality protection in permits or licenses granted by a ,federal agency or a ,state2 and 7#c7 any applicable ,federal or ,state laws 7including regulations74 7f7 ,authorization by congress for major project construction ,a project with a total estimated cost of #ejj1jjj1jjj or more shall only be eligible for construction funding under this section if the project is authorized for construction by an ,act of ,congress4 ,x ,authorization of appropriations for ,energy ,act of #bjbj #dajja4 ,energy storage demonstration projects 7a7 ,energy storage demonstration projects2 pilot grant program ,there is authorized to be appropriated to the ,secretary to carry out activities under section #cbja7;c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c77 #cee1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,long-duration demonstration initiative and joint program ,there is authorized to be appropriated to the ,secretary to carry out activities under section #cbja7;d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;d77 #aej1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 #dajjb4 ,advanced reactor demonstration program 7a7 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary to carry out activities under section #iei;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgi;a7 pursuant to the funding opportunity announcement of the ,department numbered ,,de-,,foa-#jjjbbga for ,pathway #a1 ,advanced ,reactor ,demonstrations-- 7#a7 #eaa1jjj1jjj for fiscal year #bjbb2 7#b7 #ejf1jjj1jjj for fiscal year #bjbc2 7#c7 #fcf1jjj1jjj for fiscal year #bjbd2 7#d7 #hbd1jjj1jjj for fiscal year #bjbe2 7#e7 #dec1jjj1jjj for fiscal year #bjbf2 and 7#f7 #bha1jjj1jjj for fiscal year #bjbg4 7b7 ,technical corrections 7#a7 ,definition of advanced nuclear reactor ,section #iea7;b77#a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbga7;b77#a77 is amended-- 7,a7 in subparagraph 7,a77xi71 by striking 2 and and inserting a semicolon2 7,b7 in subparagraph 7,b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7,c7 a radioisotope power system that utilizes heat from radioactive decay to generate energy4 4 7#b7 ,nuclear energy university program funding ,section #ied7;a77#f7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgd7;a77#f77 is amended by inserting 1 excluding funds appropriated for the ,advanced ,reactor ,demonstration ,program of the ,department1 after annually4 #dajjc4 ,mineral security projects 7a7 ,national geological and geophysical data preservation program ,there are authorized to be appropriated to the ,secretary of the ,interior to carry out activities under section #cea of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijh7-- 7#a7 #h1ffh1jjj for fiscal year #bjbb2 and 7#b7 #e1jjj1jjj for each of fiscal years #bjbc through #bjbe4 7b7 ,rare earth mineral security ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjja7;a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd7;a77-- 7#a7 #bc1jjj1jjj for fiscal year #bjbb2 7#b7 #bd1bjj1jjj for fiscal year #bjbc2 7#c7 #be1djj1jjj for fiscal year #bjbd2 7#d7 #bf1fjj1jjj for fiscal year #bjbe2 and 7#e7 #bg1hjj1jjj for fiscal year #bjbf4 7c7 ,critical material innovation1 efficiency1 and alternatives ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjjb7;g7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;g77-- 7#a7 #bcj1jjj1jjj for fiscal year #bjbb2 7#b7 #ajj1jjj1jjj for fiscal year #bjbc2 and 7#c7 #ace1jjj1jjj for each of fiscal years #bjbd and #bjbe4 7d7 ,critical material supply chain research facility ,there are authorized to be appropriated to the ,secretary to carry out activities under section #gjjb7;h7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;h77-- 7#a7 #dj1jjj1jjj for fiscal year #bjbb2 and 7#b7 #ce1jjj1jjj for fiscal year #bjbc4 #dajjd4 ,carbon capture demonstration and pilot programs 7a7 ,carbon capture large-scale pilot projects ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ifb7;b77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,b77-- 7#a7 #chg1jjj1jjj for fiscal year #bjbb2 7#b7 #bjj1jjj1jjj for fiscal year #bjbc2 7#c7 #bjj1jjj1jjj for fiscal year #bjbd2 and 7#d7 #aej1jjj1jjj for fiscal year #bjbe4 7b7 ,carbon capture demonstration projects program ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ifb7;b77#b77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,c77-- 7#a7 #icg1jjj1jjj for fiscal year #bjbb2 7#b7 #ejj1jjj1jjj for each of fiscal years #bjbc and #bjbd2 and 7#c7 #fjj1jjj1jjj for fiscal year #bjbe4 #dajje4 ,direct air capture technologies prize competitions 7a7 ,precommercial ,there is authorized to be appropriated to the ,secretary to carry out activities under section #ifi;,d7e77#b77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,a77 #ae1jjj1jjj for fiscal year #bjbb4 7b7 ,commercial ,there is authorized to be appropriated to the ,secretary to carry out activities under section #ifi;,d7e77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,b77 #ajj1jjj1jjj for fiscal year #bjbb4 #dajjf4 ,water power projects 7a7 ,hydropower and marine energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac71 #cf1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#b7 to carry out activities under section #fce of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbad71 #gj1djj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,national marine energy centers ,there is authorized to be appropriated to the ,secretary to carry out activities under section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae7 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 #dajjg4 ,renewable energy projects 7a7 ,geothermal energy ,there is authorized to be appropriated to the ,secretary to carry out activities under section #fae7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid7;d77 #hd1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7b7 ,wind energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #cjjc7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#b771 #fj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#b7 to carry out activities under section #cjjc7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#d771 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7c7 ,solar energy ,there are authorized to be appropriated to the ,secretary-- 7#a7 to carry out activities under section #cjjd7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#b771 #dj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 7#b7 to carry out activities under section #cjjd7;b77#c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#c771 #bj1jjj1jjj for the period of fiscal years #bjbb through #bjbe2 and 7#c7 to carry out activities under section #cjjd7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#d771 #bj1jjj1jjj for the period of fiscal years #bjbb through #bjbe4 7d7 ,clarification ,amounts authorized to be appropriated under subsection 7b7 are authorized to be a part of1 and not in addition to1 any amounts authorized to be appropriated by section #cjjc7;b77#g7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#g774 #dajjh4 ,industrial emissions demonstration projects ,there are authorized to be appropriated to the ,secretary to carry out activities under section #ded7;d77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;d77#c77-- 7#a7 #ajj1jjj1jjj for each of fiscal years #bjbb and #bjbc2 and 7#b7 #aej1jjj1jjj for each of fiscal years #bjbd and #bjbe4 ,,xi ,wage rate requirements #daaja4 ,wage rate requirements 7a7 ,davis-,bacon ,all laborers and mechanics employed by contractors or subcontractors in the performance of construction1 alteration1 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 locality1 as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of title #dj1 ,united ,states ,code 7commonly referred to as the ,davis-,bacon ,act74 7b7 ,authority ,with respect to the labor standards specified in subsection 7a71 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 ,,xii ,miscellaneous #dabja4 ,office of ,clean ,energy ,demonstrations 7a7 ,definitions ,in this section3 7#a7 ,covered project ,the term covered project means a demonstration project of the ,department that-- 7,a7 receives or is eligible to receive funding from the ,secretary2 and 7,b7 is authorized under-- 7i7 this division2 or 7ii7 the ,energy ,act of #bjbj 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb74 7#b7 ,program ,the term program means the program established under subsection 7b74 7b7 ,establishment ,the ,secretary1 in coordination with the heads of relevant program offices of the ,department1 shall establish a program to conduct project management and oversight of covered projects1 including by-- 7#a7 conducting evaluations of proposals for covered projects before the selection of a covered project for funding2 7#b7 conducting independent oversight of the execution of a covered project after funding has been awarded for that covered project2 and 7#c7 ensuring a balanced portfolio of investments in covered projects4 7c7 ,duties ,the ,secretary shall appoint a head of the program who shall1 in coordination with the heads of relevant program offices of the ,department-- 7#a7 evaluate proposals for covered projects1 including scope1 technical specifications1 maturity of design1 funding profile1 estimated costs1 proposed schedule1 proposed technical and financial milestones1 and potential for commercial success based on economic and policy projections2 7#b7 develop independent cost estimates for a proposal for a covered project1 if appropriate2 7#c7 recommend to the head of a program office of the ,department1 as appropriate1 whether to fund a proposal for a covered project2 7#d7 oversee the execution of covered projects that receive funding from the ,secretary1 including reconciling estimated costs as compared to actual costs2 7#e7 conduct reviews of ongoing covered projects1 including-- 7,a7 evaluating the progress of a covered project based on the proposed schedule and technical and financial milestones2 and 7,b7 providing the evaluations under subparagraph 7,a7 to the ,secretary2 and 7#f7 assess the lessons learned in overseeing covered projects and implement improvements in the process of evaluating and overseeing covered projects4 7d7 ,employees ,to carry out the program1 the ,secretary may hire appropriate personnel to perform the duties of the program4 7e7 ,coordination ,in carrying out the program1 the head of the program shall coordinate with-- 7#a7 project management and acquisition management entities with the ,department1 including the ,office of ,project ,management2 and 7#b7 professional organizations in project management1 construction1 cost estimation1 and other relevant fields4 7f7 ,reports 7#a7 ,report by ,secretary ,the ,secretary shall include in each updated technology transfer execution plan submitted under subsection 7h77#b7 of section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 information on the implementation of and progress made under the program1 including1 for the year covered by the report-- 7,a7 the covered projects under the purview of the program2 and 7,b7 the review of each covered project carried out under subsection 7c77#e74 7#b7 ,report by ,comptroller ,general ,not later than #c years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to the ,committee on ,energy and ,natural ,resources of the ,senate and the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives a report evaluating the operation of the program1 including-- 7,a7 a description of the processes and procedures used by the program to evaluate proposals of covered projects and the oversight of covered projects2 and 7,b7 any recommended changes in the program1 including changes to-- 7i7 the processes and procedures described in subparagraph 7,a72 and 7ii7 the structure of the program1 for the purpose of better carrying out the program4 7g7 ,technical amendment ,section #ajja of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afcia7 is amended by redesignating the second subsections 7f7 7relating to planning and reporting7 and 7g7 7relating to additional technology transfer programs7 as subsections 7h7 and 7i71 respectively4 #dabjb4 ,extension of ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7a7 ,definition of full funding amount ,section #c7aa7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gajb7aa77 is amended by striking subparagraphs 7,d7 and 7,e7 and inserting the following3 7,d7 for fiscal year #bjag1 the amount that is equal to #ie percent of the full funding amount for fiscal year #bjae2 7,e7 for each of fiscal years #bjah through #bjbj1 the amount that is equal to #ie percent of the full funding amount for the preceding fiscal year2 and 7,f7 for fiscal year #bjba and each fiscal year thereafter1 the amount that is equal to the full funding amount for fiscal year #bjag4 4 7b7 ,secure payments for ,states and counties containing ,federal land 7#a7 ,secure payments ,section #aja of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaaa7 is amended1 in subsections 7a7 and 7b71 by striking #bjae1 #bjag1 #bjah1 #bjai1 and #bjbj each place it appears and inserting #bjae and #bjag through #bjbc4 7#b7 ,distribution of payments to eligible counties ,section #ajc7;d77#b7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gaac7;d77#b77 is amended by striking #bjbj and inserting #bjbc4 7c7 ,pilot program ,to streamline nomination of members of resource advisory committees ,section #bje of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7 is amended by striking subsection 7g7 and inserting the following3 7g7 ,resource advisory committee appointment pilot programs 7#a7 ,definitions ,in this subsection3 7,a7 ,applicable designee ,the term applicable designee means the applicable regional forester4 7,b7 ,national pilot program ,the term national pilot program means the national pilot program established under paragraph 7#d77;,a74 7,c7 ,regional pilot program ,the term regional pilot program means the regional pilot program established under paragraph 7#c77;,a74 7#b7 ,establishment of pilot programs ,in accordance with paragraphs 7#c7 and 7#d71 the ,secretary concerned shall carry out #b pilot programs to appoint members of resource advisory committees4 7#c7 ,regional pilot program 7,a7 ,in general ,the ,secretary concerned shall carry out a regional pilot program to allow an applicable designee to appoint members of resource advisory committees4 7,b7 ,geographic limitation ,the regional pilot program shall only apply to resource advisory committees chartered in-- 7i7 the ,state of ,montana2 and 7ii7 the ,state of ,arizona4 7,c7 ,responsibilities of applicable designee 7i7 ,review ,before appointing a member of a resource advisory committee under the regional pilot program1 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 effect1 including any review and analysis with respect to civil rights and budgetary requirements4 7ii7 ,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 #bj1 #bjah1 including any requirement for advertising a vacancy4 7#d7 ,national pilot program 7,a7 ,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 ,management1 as applicable1 to submit to the ,secretary concerned nominations of individuals for appointment as members of resource advisory committees4 7,b7 ,appointment ,under the national pilot program1 subject to subparagraph 7,c71 not later than #cj days after the date on which a nomination is transmitted to the ,secretary concerned under subparagraph 7,a71 the ,secretary concerned shall-- 7i7 appoint the nominee to the applicable resource advisory committee2 or 7ii7 reject the nomination4 7,c7 ,automatic appointment ,if the ,secretary concerned does not act on a nomination in accordance with subparagraph 7,b7 by the date described in that subparagraph1 the nominee shall be deemed appointed to the applicable resource advisory committee4 7,d7 ,geographic limitation ,the national pilot program shall apply to a resource advisory committee chartered in any ,state other than-- 7i7 the ,state of ,montana2 or 7ii7 the ,state of ,arizona4 7,e7 ,savings clause ,nothing in this paragraph relieves the ,secretary concerned from any requirement relating to an appointment to a resource advisory committee1 including any requirement with respect to civil rights or advertising a vacancy4 7#e7 ,termination of effectiveness ,the authority provided under this subsection terminates on ,october #a1 #bjbc4 7#f7 ,report to ,congress ,not later #ahj days after the date described in paragraph 7#e71 the ,secretary concerned shall submit to ,congress a report that includes-- 7,a7 with respect to appointments made under the regional pilot program compared to appointments made under the national pilot program1 a description of the extent to which-- 7i7 appointments were faster or slower2 and 7ii7 the requirements described in paragraph 7#c77;,c77i7 differ2 and 7,b7 a recommendation with respect to whether ,congress should terminate1 continue1 modify1 or expand the pilot programs4 4 7d7 ,extension of authority ,to conduct special projects on ,federal land 7#a7 ,existing advisory committees ,section #bje7;a77#d7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabe7;a77#d77 is amended by striking ,december #bj1 #bjba each place it appears and inserting ,december #bj1 #bjbc4 7#b7 ,extension of authority ,section #bjh of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gabh7 is amended-- 7,a7 in subsection 7a71 by striking #bjbb and inserting #bjbe2 and 7,b7 in subsection 7b71 by striking #bjbc and inserting #bjbf4 7e7 ,access to broadband and other technology ,section #cjb7;a7 of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gadb7;a77 is amended-- 7#a7 in paragraph 7#c71 by striking and at the end2 7#b7 in paragraph 7#d71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#e7 to provide or expand access to-- 7,a7 broadband telecommunications services at local schools2 or 7,b7 the technology and connectivity necessary for students to use a digital learning tool at or outside of a local school campus4 4 7f7 ,extension of authority ,to expend county funds ,section #cjd of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gadd7 is amended-- 7#a7 in subsection 7a71 by striking #bjbb and inserting #bjbe2 and 7#b7 in subsection 7b71 by striking #bjbc and inserting #bjbf4 7g7 ,amounts obligated but unspent2 prohibition on use of funds ,title ,,iii of the ,secure ,rural ,schools and ,community ,self-,determination ,act of #bjjj 7#af ,u4,s4,c4 #gada et seq47 is amended-- 7#a7 by redesignating section #cjd as section #cje2 and 7#b7 by inserting after section #cjc the following3 #cjd4 ,amounts obligated but unspent2 prohibition on use of funds 7a7 ,amounts obligated but unspent ,any county funds that were obligated by the applicable participating county before ,october #a1 #bjag1 but are unspent on ,october #a1 #bjbj-- 7#a7 may1 at the option of the participating county1 be deemed to have been reserved by the participating county on ,october #a1 #bjbj1 for expenditure in accordance with this title2 and 7#b7 7,a7 may be used by the participating county for any authorized use under section #cjb7;a72 and 7,b7 on a determination by the participating county under subparagraph 7,a7 to use the county funds1 shall be available for projects initiated after ,october #a1 #bjbj1 subject to section #cje4 7b7 ,prohibition on use of funds ,notwithstanding any other provision of law1 effective beginning on the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 no county funds made available under this title may be used by any participating county for any lobbying activity1 regardless of the purpose for which the funds are obligated on or before that date4 4 ,e ,drinking water and wastewater infrastructure #ejjja4 ,short title ,this division may be cited as the ,drinking ,water and ,wastewater ,infrastructure ,act of #bjba4 #ejjjb4 ,definition of ,administrator ,in this division1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 ,i ,drinking water #ejaja4 ,technical assistance and grants for emergencies affecting public water systems ,section #addb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#a7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#aa7 ,compliance evaluation 7,a7 ,in general ,not later than #a year after the date of enactment of this paragraph1 the ,administrator shall-- 7i7 evaluate1 based on the compliance data found in the ,safe ,drinking ,water ,information ,system of the ,administrator1 the compliance of community water systems and wastewater systems with environmental1 health1 and safety requirements under this title1 including water quality sampling1 testing1 and reporting requirements2 and 7ii7 submit to ,congress a report describing trends seen as a result of the evaluation under clause 7i71 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 clause4 7,b7 ,requirement ,to the extent practicable1 in carrying out subparagraph 7,a71 the ,administrator shall determine whether1 in aggregate1 community water systems and wastewater systems maintain asset management plans4 2 7#b7 in subsection 7b71 in the first sentence-- 7,a7 by inserting 7including an emergency situation resulting from a cybersecurity event7 after emergency situation2 and 7,b7 by inserting 1 including a threat to public health resulting from contaminants1 such as1 but not limited to1 heightened exposure to lead in drinking water after public health2 7#c7 by striking subsection 7d7 and inserting the following3 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7b7 #ce1jjj1jjj for each of fiscal years #bjbb through #bjbf4 2 7#d7 in subsection 7e71 by striking paragraph 7#e7 and inserting the following3 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf4 2 7#e7 by redesignating subsection 7f7 as subsection 7g72 and 7#f7 by inserting after subsection 7e7 the following3 7f7 ,state-based nonprofit organizations 7#a7 ,in general ,the ,administrator may provide technical assistance consistent with the authority provided under subsection 7e7 to ,state-based nonprofit organizations that are governed by community water systems4 7#b7 ,communication ,each ,state-based nonprofit organization that receives funding under paragraph 7#a7 shall1 before using that funding to undertake activities to carry out this subsection1 consult with the ,state in which the assistance is to be expended or otherwise made available4 4 #ejajb4 ,drinking water ,state revolving loan funds 7a7 ,drinking water ,state revolving funds capitalization grant reauthorization ,section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 is amended-- 7#a7 in subsection 7a77#d77;,a71 by striking ,during fiscal years #bjai through #bjbc1 funds and inserting ,funds2 7#b7 in subsection 7m77#a7 -- 7,a7 in subparagraph 7,b71 by striking and2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 #b1djj1jjj1jjj for fiscal year #bjbb2 7,e7 #b1gej1jjj1jjj for fiscal year #bjbc2 7,f7 #c1jjj1jjj1jjj for fiscal year #bjbd2 and 7,g7 #c1bej1jjj1jjj for each of fiscal years #bjbe and #bjbf4 2 and 7#c7 in subsection 7q71 by striking #bjaf through #bjba and inserting #bjbb through #bjbf4 7b7 ,assistance for disadvantaged communities ,section #adeb7;d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking ,notwithstanding any and inserting the following3 7,a7 ,in general ,notwithstanding any 2 7,b7 in subparagraph 7,a7 7as so designated71 by inserting 1 grants1 negative interest loans1 other loan forgiveness1 and through buying1 refinancing1 or restructuring debt after forgiveness of principal2 and 7,c7 by adding at the end the following3 7,b7 ,exclusion ,a loan from a ,state loan fund with an interest rate equal to or greater than #j percent shall not be considered additional subsidization for purposes of this subsection4 2 and 7#b7 in paragraph 7#b71 by striking subparagraph 7,b7 and inserting the following3 7,b7 to the extent that there are sufficient applications for loans to communities described in paragraph 7#a71 may not be less than #ab percent4 4 #ejajc4 ,source water petition program ,section #aded of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ad7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a77;,a71 in the matter preceding clause 7i71 by striking political subdivision of a ,state1 and inserting political subdivision of a ,state 7including a county that is designated by the ,state to act on behalf of an unincorporated area within that county1 with the agreement of that unincorporated area712 7,b7 in paragraph 7#d77;,d77i71 by inserting 7including a county that is designated by the ,state to act on behalf of an unincorporated area within that county7 after of the ,state2 and 7,c7 by adding at the end the following3 7#e7 ,savings provision ,unless otherwise provided within the agreement1 an agreement between an unincorporated area and a county for the county to submit a petition under paragraph 7#a77;,a7 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 section4 2 and 7#b7 in subsection 7e71 in the first sentence1 by striking #bjba and inserting #bjbf4 #ejajd4 ,assistance for small and disadvantaged communities 7a7 ,existing programs ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 is amended-- 7#a7 in subsection 7b77#b7-- 7,a7 in subparagraph 7,b71 by striking and at the end2 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting a semicolon2 and 7,c7 by adding at the end the following3 7,d7 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 concern2 7,e7 investments necessary for providing accurate and current information about-- 7i7 the need for filtration and filter safety1 including proper use and maintenance practices2 and 7ii7 the options for replacing lead service lines 7as defined in section #adei;,b7a77 and removing other sources of lead in water2 and 7,f7 entering into contracts1 including contracts with nonprofit organizations that have water system technical expertise1 to assist-- 7i7 an eligible entity2 or 7ii7 the ,state of an eligible entity1 on behalf of that eligible entity4 2 7#b7 in subsection 7c71 in the matter preceding paragraph 7#a71 by striking ,an eligible entity and inserting ,except for purposes of subsections 7j7 and 7m71 an eligible entity2 7#c7 in subsection 7g77#a71 by striking to pay not less than #de percent and inserting except as provided in subsection 7l77#e7 and subject to subsection 7h71 to pay not less than #aj percent2 7#d7 by striking subsection 7k7 and inserting the following3 7k7 ,authorization of appropriations ,there are authorized to be appropriated to carry out subsections 7a7 through 7j7-- 7#a7 #gj1jjj1jjj for fiscal year #bjbb2 7#b7 #hj1jjj1jjj for fiscal year #bjbc2 7#c7 #ajj1jjj1jjj for fiscal year #bjbd2 7#d7 #abj1jjj1jjj for fiscal year #bjbe2 and 7#e7 #adj1jjj1jjj for fiscal year #bjbf4 2 and 7#e7 in subsection 7l7-- 7,a7 in paragraph 7#b7-- 7i7 by striking ,the ,administrator may and inserting ,the ,administrator shall2 and 7ii7 by striking fiscal years #bjai and #bjbj and inserting fiscal years #bjbb through #bjbf2 7,b7 in paragraph 7#e71 by striking #d1jjj1jjj for each of fiscal years #bjai and #bjbj and inserting #be1jjj1jjj for each of fiscal years #bjbb through #bjbf2 7,c7 by redesignating paragraph 7#e7 as paragraph 7#f72 and 7,d7 by inserting after paragraph 7#d7 the following3 7#e7 ,federal share for small1 rural1 and disadvantaged communities 7,a7 ,in general ,subject to subparagraph 7,b71 with respect to a program or project that serves an eligible entity and is carried out using a grant under this subsection1 the ,federal share of the cost of the program or project shall be #ij percent4 7,b7 ,waiver ,the ,administrator may increase the ,federal share under subparagraph 7,a7 to #ajj percent if the ,administrator determines that an eligible entity is unable to pay1 or would experience significant financial hardship if required to pay1 the non-,federal share4 4 7b7 ,connection to public water systems ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 is amended by adding at the end the following3 7m7 ,connection to public water systems 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means-- 7i7 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 system2 or 7ii7 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 system4 7,b7 ,eligible individual ,the term eligible individual has the meaning given the term in section #fjc7;j7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;j774 7,c7 ,program ,the term program means the competitive grant program established under paragraph 7#b74 7#b7 ,establishment ,subject to the availability of appropriations1 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 system4 7#c7 ,application ,an eligible entity seeking a grant under the program shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#d7 ,voluntary connection ,before providing funds to an eligible individual for the costs described in paragraph 7#b71 an eligible entity shall ensure and certify to the ,administrator that-- 7,a7 the eligible individual is voluntarily seeking connection to the public water system2 7,b7 if the eligible entity is not the owner or operator of the public water system to which the eligible individual seeks to connect1 the public water system to which the eligible individual seeks to connect has agreed to the connection2 and 7,c7 the connection of the household of the eligible individual to the public water system meets all applicable local and ,state regulations1 requirements1 and codes4 7#e7 ,report ,not later than #c years after the date of enactment of this subsection1 the ,administrator shall submit to ,congress a report that describes the implementation of the program1 which shall include a description of the use and deployment of amounts made available under the program4 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #bj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 7c7 ,competitive grant pilot program ,section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7 7as amended by subsection 7b77 is amended by adding at the end the following3 7n7 ,state competitive grants for underserved communities 7#a7 ,in general ,in addition to amounts authorized to be appropriated under subsection 7k71 there is authorized to be appropriated to carry out subsections 7a7 through 7j7 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf in accordance with paragraph 7#b74 7#b7 ,competitive grants 7,a7 ,in general ,notwithstanding any other provision of this section1 the ,administrator shall distribute amounts made available under paragraph 7#a7 to ,states through a competitive grant program4 7,b7 ,applications ,to seek a grant under the competitive grant program under subparagraph 7,a71 a ,state shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7,c7 ,criteria ,in selecting recipients of grants under the competitive grant program under subparagraph 7,a71 the ,administrator shall establish criteria that give priority to ,states with a high proportion of underserved communities that meet the condition described in subsection 7a77#b77;,a74 7#c7 ,report ,not later than #b years after the date of enactment of this subsection1 the ,administrator shall submit to ,congress a report that describes the implementation of the competitive grant program under paragraph 7#b77;,a71 which shall include a description of the use and deployment of amounts made available under the competitive grant program4 7#d7 ,savings provision ,nothing in this paragraph affects the distribution of amounts made available under subsection 7k71 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 subsection4 4 #ejaje4 ,reducing lead in drinking water ,section #adei;,b of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking subparagraph 7,d7 and inserting the following3 7,d7 a qualified nonprofit organization with experience in lead reduction1 as determined by the ,administrator2 and 2 7,b7 in paragraph 7#b77;,a7-- 7i7 in clause 7i71 by striking publicly owned2 and 7ii7 by striking clause 7iii7 and inserting the following3 7iii7 providing assistance to eligible entities to replace lead service lines1 with priority for disadvantaged communities based on the affordability criteria established by the applicable ,state under section #adeb7;d77#c71 low-income homeowners1 and landlords or property owners providing housing to low-income renters4 2 and 7,c7 in paragraph 7#c71 by striking an individual provided2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#e7-- 7i7 in subparagraph 7,a71 by striking to provide assistance and all that follows through the period at the end and inserting to replace lead service lines1 with first priority given to assisting disadvantaged communities based on the affordability criteria established by the applicable ,state under section #adeb7;d77#c71 low-income homeowners1 and landlords or property owners providing housing to low-income renters42 and 7ii7 in subparagraph 7,b71 by striking line and inserting lines2 and 7,b7 in paragraph 7#f7-- 7i7 in subparagraph 7,a71 by striking any publicly owned portion of2 7ii7 in subparagraph 7,c71 in the matter preceding clause 7i7-- 7,i7 by striking may and inserting shall2 7,,ii7 by inserting and may1 for other homeowners1 after low-income homeowner12 and 7,,iii7 by striking a cost that and all that follows through the semicolon at the end of clause 7ii7 and inserting no cost to the homeowner22 7iii7 in subparagraph 7,d71 by striking and at the end2 7iv7 in subparagraph 7,e71 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 water1 such as corrosion control2 and2 and 7v7 by adding at the end the following3 7,f7 shall notify the ,state of any planned replacement of lead service lines under this program and coordinate1 where practicable1 with other relevant infrastructure projects4 2 7#c7 in subsection 7d7-- 7,a7 by inserting 7except for subsection 7d77 after this section2 and 7,b7 by striking #fj1jjj1jjj for each of fiscal years #bjag through #bjba and inserting #ajj1jjj1jjj for each of fiscal years #bjbb through #bjbf2 7#d7 by redesignating subsections 7d7 and 7e7 as subsections 7e7 and 7f71 respectively2 and 7#e7 by inserting after subsection 7c7 the following3 7d7 ,lead inventorying utilization grant pilot program 7#a7 ,definitions ,in this subsection3 7,a7 ,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 #cj percent of the service lines are known1 or suspected1 to contain lead1 based on available data1 information1 or resources1 including existing lead inventorying4 7,b7 ,pilot program ,the term pilot program means the pilot program established under paragraph 7#b74 7#b7 ,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 exist1 based on available data1 information1 or resources1 including existing lead inventorying of those eligible entities4 7#c7 ,selection 7,a7 ,application ,to be eligible to receive a grant under the pilot program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7,b7 ,prioritization ,in selecting recipients under the pilot program1 the ,administrator shall give priority to-- 7i7 an eligible entity that meets the affordability criteria of the applicable ,state established under section #adeb7;d77#c72 and 7ii7 an eligible entity that is located in an area other than a ,state that has established affordability criteria under section #adeb7;d77#c74 7#d7 ,report ,not later #b years after the ,administrator first awards a grant under the pilot program1 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-- 7,a7 the recipients of grants under the pilot program2 7,b7 the existing lead inventorying that was available to recipients of grants under the pilot program2 and 7,c7 how useful and accurate the lead inventorying described in subparagraph 7,b7 was in locating lead service lines of the eligible entity4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the pilot program #aj1jjj1jjj1 to remain available until expended4 4 #ejajf4 ,operational sustainability of small public water systems ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 is amended by adding at the end the following3 #adei;,e4 ,operational sustainability of small public water systems 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 a public corporation established by a unit of local government to provide water service2 7,d7 a nonprofit corporation1 public trust1 or cooperative association that owns or operates a public water system2 7,e7 an ,indian ,tribe that owns or operates a public water system2 7,f7 a nonprofit organization that provides technical assistance to public water systems2 and 7,g7 a ,tribal consortium4 7#b7 ,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 leaks1 breaks1 and other metering or infrastructure failures4 7#c7 ,program ,the term program means the grant program established under subsection 7b74 7#d7 ,small system ,the term small system1 for the purposes of this section1 means a public water system that-- 7,a7 serves fewer than #aj1jjj people2 and 7,b7 is owned or operated by-- 7i7 a unit of local government2 7ii7 a public corporation2 7iii7 a nonprofit corporation2 7iv7 a public trust2 7v7 a cooperative association2 or 7vi7 an ,indian ,tribe4 7b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a program to award grants to eligible entities for the purpose of improving the operational sustainability of #a or more small systems4 7c7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the project to be carried out using grant funds under the program2 7#b7 documentation provided by the eligible entity describing the deficiencies or suspected deficiencies in operational sustainability of #a or more small systems that are to be addressed through the proposed project2 7#c7 a description of how the proposed project will improve the operational sustainability of #a or more small systems2 7#d7 a description of how the improvements described in paragraph 7#c7 will be maintained beyond the life of the proposed project1 including a plan to maintain and update any asset data collected as a result of the proposed project2 and 7#e7 any additional information the ,administrator may require4 7d7 ,additional required information ,before the award of funds for a grant under the program to a grant recipient1 the grant recipient shall submit to the ,administrator-- 7#a7 if the grant recipient is located in a ,state that has established a ,state drinking water treatment revolving loan fund under section #adeb1 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 7or a designee72 or 7#b7 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 #adeb1 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 7or a designee74 7e7 ,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 #a or more small systems through-- 7#a7 the development of a detailed asset inventory1 which may include drinking water sources1 wells1 storage1 valves1 treatment systems1 distribution lines1 hydrants1 pumps1 controls1 and other essential infrastructure2 7#b7 the development of an infrastructure asset map1 including a map that uses technology such as-- 7,a7 geographic information system software2 and 7,b7 global positioning system software2 7#c7 the deployment of leak detection technology2 7#d7 the deployment of metering technology2 7#e7 training in asset management strategies1 techniques1 and technologies for appropriate staff employed by-- 7,a7 the eligible entity2 or 7,b7 the small systems for which the grant was received2 7#f7 the deployment of strategies1 techniques1 and technologies to enhance the operational sustainability and effective use of water resources through water reuse2 and 7#g7 the development or deployment of other strategies1 techniques1 or technologies that the ,administrator may determine to be appropriate under the program4 7f7 ,cost share 7#a7 ,in general ,subject to paragraph 7#b71 the ,federal share of the cost of a project carried out using a grant under the program shall be #ij percent of the total cost of the project4 7#b7 ,waiver ,the ,administrator may increase the ,federal share under paragraph 7#a7 to #ajj percent4 7g7 ,report ,not later than #b years after the date of enactment of this section1 the ,administrator shall submit to ,congress a report that describes the implementation of the program1 which shall include a description of the use and deployment of amounts made available under the program4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #ejajg4 ,midsize and large drinking water system infrastructure resilience and sustainability program ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 7as amended by section #ejajf7 is amended by adding at the end the following3 #adei;,f4 ,midsize and large drinking water system infrastructure resilience and sustainability program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means a public water system that serves a community with a population of #aj1jjj or more4 7#b7 ,natural hazard2 resilience ,the terms resilience and natural hazard have the meanings given those terms in section #adcc7;h74 7#c7 ,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 7b74 7b7 ,establishment ,the ,administrator shall establish and carry out a program1 to be known as the ,midsize and ,large ,drinking ,water ,system ,infrastructure ,resilience and ,sustainability ,program1 under which the ,administrator1 subject to the availability of appropriations for the resilience and sustainability program1 shall award grants to eligible entities for the purpose of-- 7#a7 increasing resilience to natural hazards and extreme weather events2 and 7#b7 reducing cybersecurity vulnerabilities4 7c7 ,use of funds ,an eligible entity may only use grant funds received under the resilience and sustainability program to assist in the planning1 design1 construction1 implementation1 operation1 or maintenance of a program or project that increases resilience to natural hazards and extreme weather events1 or reduces cybersecurity vulnerabilities1 through-- 7#a7 the conservation of water or the enhancement of water-use efficiency2 7#b7 the modification or relocation of existing drinking water system infrastructure made1 or that is at risk of being1 significantly impaired by natural hazards or extreme weather events1 including risks to drinking water from flooding2 7#c7 the design or construction of new or modified desalination facilities to serve existing communities2 7#d7 the enhancement of water supply through the use of watershed management and source water protection2 7#e7 the enhancement of energy efficiency or the use and generation of renewable energy in the conveyance or treatment of drinking water2 7#f7 the development and implementation of measures-- 7,a7 to increase the resilience of the eligible entity to natural hazards and extreme weather events2 or 7,b7 to reduce cybersecurity vulnerabilities2 7#g7 the conservation of water or the enhancement of a water supply through the implementation of water reuse measures2 or 7#h7 the formation of regional water partnerships to collaboratively address documented water shortages4 7d7 ,application ,to seek a grant under the resilience and sustainability program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the program or project to be planned1 designed1 constructed1 implemented1 operated1 or maintained by the eligible entity2 7#b7 an identification of the natural hazard risks1 extreme weather events1 or potential cybersecurity vulnerabilities1 as applicable1 to be addressed by the proposed program or project2 7#c7 documentation prepared by a ,federal1 ,state1 regional1 or local government agency of the natural hazard risk1 potential cybersecurity vulnerability1 or risk for extreme weather events to the area where the proposed program or project is to be located2 7#d7 a description of any recent natural hazards1 cybersecurity events1 or extreme weather events that have affected the community water system of the eligible entity2 7#e7 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 hazards1 cybersecurity vulnerabilities1 or extreme weather events2 and 7#f7 an explanation of how the proposed program or project is expected-- 7,a7 to enhance the resilience of the community water system of the eligible entity to the anticipated natural hazards or extreme weather events2 or 7,b7 to reduce cybersecurity vulnerabilities4 7e7 ,report ,not later than #b years after the date of enactment of this section1 the ,administrator shall submit to ,congress a report that describes the implementation of the resilience and sustainability program1 which shall include a description of the use and deployment of amounts made available to carry out the resilience and sustainability program4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out the resilience and sustainability program #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,use of funds ,of the amounts made available under paragraph 7#a7 for grants to eligible entities under the resilience and sustainability program-- 7,a7 #ej percent shall be used to provide grants to eligible entities that serve a population of-- 7i7 equal to or greater than #aj1jjj2 and 7ii7 fewer than #ajj1jjj2 and 7,b7 #ej percent shall be used to provide grants to eligible entities that serve a population equal to or greater than #ajj1jjj4 7#c7 ,administrative costs ,of the amounts made available under paragraph 7#a71 not more than #b percent may be used by the ,administrator for the administrative costs of carrying out the resilience and sustainability program4 4 #ejajh4 ,needs assessment for nationwide rural and urban low-income community water assistance 7a7 ,definitions ,in this section and section #ejaji3 7#a7 ,community water system ,the term community water system has the meaning given the term in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f74 7#b7 ,large water service provider ,the term large water service provider means a community water system1 treatment works1 or municipal separate storm sewer system that serves more than #ajj1jjj people4 7#c7 ,medium water service provider ,the term medium water service provider means a community water system1 treatment works1 or municipal separate storm sewer system that serves more than #aj1jjj people and not more than #ajj1jjj people4 7#d7 ,need ,the term need1 with respect to a qualifying household1 means the expenditure of a disproportionate amount of household income on access to public drinking water or wastewater services4 7#e7 ,qualifying household ,the term qualifying household means a household that-- 7,a7 includes an individual who is-- 7i7 the holder of an account for drinking water or wastewater service that is provided to that household by a large water service provider1 a medium water service provider1 or a rural water service provider2 or 7ii7 separately billed by a landlord that holds an account with a large water service provider1 a medium water service provider1 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 provider1 medium water service provider1 or rural water service provider2 and 7,b7 is determined-- 7i7 by a large water service provider1 a medium water service provider1 or a rural water service provider to be eligible for assistance through a low-income ratepayer assistance program2 7ii7 by the ,governor of the ,state in which the household is located to be low-income1 based on the affordability criteria established by the ,state under section #adeb7;d77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#c772 7iii7 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 ,guidance2 or 7iv7 in the case of a household serviced by a rural water service provider1 by the ,state in which the household is located to have an annual income that does not exceed the greater of-- 7,i7 an amount equal to #aej percent of the poverty level of that ,state2 and 7,,ii7 an amount equal to #fj percent of the ,state median income for that ,state4 7#f7 ,rural water service provider ,the term rural water service provider means a community water system1 treatment works1 or municipal separate storm sewer system that serves not more than #aj1jjj people4 7#g7 ,treatment works ,the term treatment works has the meaning given the term in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib74 7b7 ,study2 report 7#a7 ,in general ,the ,administrator shall conduct1 and submit to ,congress a report describing the results of1 a study that examines the prevalence throughout the ,united ,states of municipalities1 public entities1 or ,tribal governments that-- 7,a7 are serviced by rural water service providers1 medium water service providers1 or large water service providers that service a disproportionate percentage1 as determined by the ,administrator1 of qualifying households with need2 or 7,b7 as determined by the ,administrator1 have taken on an unsustainable level of debt due to customer nonpayment for the services provided by a large water service provider1 a medium water service provider1 or a rural water service provider4 7#b7 ,affordability inclusions ,the report under paragraph 7#a7 shall include-- 7,a7 a definition of the term affordable access to water services2 7,b7 a description of the criteria used in defining affordable access to water services under subparagraph 7,a72 7,c7 a definition of the term lack of affordable access to water services2 7,d7 a description of the methodology and criteria used in defining lack of affordable access to water services under subparagraph 7,c72 7,e7 a determination of the prevalence of a lack of affordable access to water services1 as defined under subparagraph 7,c72 7,f7 the methodology and criteria used to determine the prevalence of a lack of affordable access to water services under subparagraph 7,e72 7,g7 any additional information with respect to the affordable access to water services1 as defined under subparagraph 7,a71 provided by rural water service providers1 medium water service providers1 and large water service providers2 7,h7 with respect to the development of the report1 a consultation with all relevant stakeholders1 including rural advocacy associations2 7,i7 recommendations of the ,administrator regarding the best methods to reduce the prevalence of a lack of affordable access to water services1 as defined under subparagraph 7,c72 and 7,j7 a description of the cost of each method described in subparagraph 7,i74 7#c7 ,agreements ,the ,administrator may enter into an agreement with another ,federal agency to carry out the study under paragraph 7#a74 #ejaji4 ,rural and low-income water assistance pilot program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality1 ,tribal government1 or other entity that-- 7i7 owns or operates a community water system1 treatment works1 or municipal separate storm sewer system2 or 7ii7 as determined by the ,administrator1 has taken on an unsustainable level of debt due to customer nonpayment for the services provided by a community water system1 treatment works1 or municipal separate storm sewer system2 and 7,b7 a ,state exercising primary enforcement responsibility over a rural water service provider under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 or the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 as applicable4 7#b7 ,pilot program ,the term pilot program means the pilot program established by the ,administrator under subsection 7b77#a74 7#c7 ,water services needs assessment ,the term water services needs assessment means the report required under section #ejajh7;b77#a74 7b7 ,establishment 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 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 treatment4 7#b7 ,requirement ,in establishing the pilot program1 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 #ejajh7;b77#a7 and the water services needs assessment4 7#c7 ,use of funds limitations ,a grant under the pilot program-- 7,a7 shall not be used to replace funds for any existing similar program2 but 7,b7 may be used to supplement or enhance an existing program1 including a program that receives assistance from other ,federal grants4 7#d7 ,term ,the term of a grant awarded under the pilot program shall be subject to the availability of appropriations4 7#e7 ,types of assistance ,in establishing the pilot program1 the ,administrator may include provisions for-- 7,a7 direct financial assistance2 7,b7 a lifeline rate2 7,c7 bill discounting2 7,d7 special hardship provisions2 7,e7 a percentage-of-income payment plan2 or 7,f7 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 health4 7#f7 ,requirement ,the ,administrator shall award not more than #dj grants under the pilot program1 of which-- 7,a7 not more than #h shall be to eligible entities that own1 operate1 or exercise primary enforcement responsibility over a rural water service provider under the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 or the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 as applicable2 7,b7 not more than #h shall be to eligible entities that own or operate a medium water service provider2 7,c7 not more than #h shall be to eligible entities that own or operate a large water service provider that serves not more than #ejj1jjj people2 7,d7 not more than #h shall be to eligible entities that own or operate a large water service provider that serves more than #ejj1jjj people2 and 7,e7 not more than #h shall be to eligible entities that own or operate a community water system1 treatment works1 or municipal separate storm sewer system that services a disadvantaged community 7consistent with the affordability criteria established by the applicable ,state under section #adeb7;d77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#c77 or section #fjc7;i77#b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7;i77#b771 as applicable74 7#g7 ,criteria ,in addition to any priority criteria established by the ,administrator in response to the findings in the water services needs assessment1 in awarding grants under the pilot program1 the ,administrator shall give priority consideration to eligible entities that-- 7,a7 serve a disproportionate percentage1 as determined by the ,administrator1 of qualifying households with need1 as identified in the water services needs assessment2 7,b7 are subject to ,state or ,federal enforcement actions relating to compliance with the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 or the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq472 or 7,c7 maintain or participate in an existing community assistance program with objectives similar to the objectives of the pilot program1 as determined by the ,administrator4 7#h7 ,reporting requirements 7,a7 ,in general ,in addition to any other applicable ,federal or agency-specific grant reporting requirements1 as a condition of receiving a grant under the pilot program1 an eligible entity 7or a ,state1 on behalf of an eligible entity7 shall submit to the ,administrator an annual report that summarizes1 in a manner determined by the ,administrator1 the use of grant funds by the eligible entity1 including-- 7i7 key features of the assistance provided by the eligible entity2 7ii7 sources of funding used to supplement ,federal funds2 and 7iii7 eligibility criteria4 7,b7 ,publication ,the ,administrator shall publish each report submitted under subparagraph 7,a74 7c7 ,technical assistance ,the ,administrator shall provide technical assistance to each eligible entity1 and each ,state1 on behalf of an eligible entity1 that receives a grant under the pilot program to support implementation of the program4 7d7 ,report ,not later than #b years after the date on which grant funds are first disbursed to an eligible entity 7or a ,state1 on behalf of an eligible entity7 under the program1 and every year thereafter for the duration of the terms of the grants1 the ,administrator shall submit to ,congress a report on the results of the pilot program4 #ejaaj4 ,lead contamination in school drinking water ,section #adfd of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#bd7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in the first sentence1 by inserting public water systems and after to assist2 and 7,b7 in the third sentence1 by inserting public water systems1 after schools12 and 7#b7 in subsection 7d7-- 7,a7 in the subsection heading1 by inserting and reduction after lead testing2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 by striking the ,administrator and all that follows through the period at the end and inserting the following3 the ,administrator shall establish a voluntary school and child care program lead testing1 compliance monitoring1 and lead reduction grant program to make grants available to-- 7i7 ,states to assist local educational agencies1 public water systems that serve schools and child care programs under the jurisdiction of those local educational agencies1 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 agencies2 and 7ii7 tribal consortia to assist tribal education agencies 7as defined in section #c of the ,national ,environmental ,education ,act 7#bj ,u4,s4,c4 #eejb771 public water systems that serve schools and child care programs under the jurisdiction of those tribal education agencies1 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 agencies4 2 and 7ii7 in subparagraph 7,b7-- 7,i7 in the matter preceding clause 7i71 by inserting or compliance monitoring for or remediation of lead contamination after voluntary testing2 7,,ii7 in clause 7i71 by striking or at the end2 7,,iii7 in clause 7ii71 by striking the period at the end and inserting a semicolon2 and 7,,iv7 by adding at the end the following3 7iii7 any public water system that is located in a ,state that does not participate in the voluntary grant program established under subparagraph 7,a7 that-- 7,i7 assists schools or child care programs in lead testing2 7,,ii7 assists schools or child care programs with compliance monitoring2 7,,iii7 assists schools with carrying out projects to remediate lead contamination in drinking water2 or 7,,iv7 provides technical assistance to schools or child care programs in carrying out lead testing2 or 7iv7 a qualified nonprofit organization1 as determined by the ,administrator4 2 7,c7 in paragraphs 7#c71 7#e71 7#f71 and 7#g71 by striking ,state or local educational agency each place it appears and inserting ,state1 local educational agency1 public water system1 tribal consortium1 or qualified nonprofit organization2 7,d7 in paragraph 7#d7-- 7i7 by striking ,states and local educational agencies and inserting ,states1 local educational agencies1 public water systems1 tribal consortia1 and qualified nonprofit organizations2 and 7ii7 by inserting or the remediation of after testing for2 7,e7 in paragraph 7#f7-- 7i7 in the matter preceding subparagraph 7,a7-- 7,i7 by striking ,state or local educational agency and inserting ,state1 local educational agency1 public water system1 tribal consortium1 or qualified nonprofit agency2 and 7,,ii7 by inserting 1 public water system1 tribal consortium1 or qualified nonprofit organization after each local educational agency2 7ii7 in subparagraph 7,a77ii7-- 7,i7 by inserting or tribal after applicable ,state2 and 7,,ii7 by striking reducing lead and inserting voluntary testing or compliance monitoring for and remediation of lead contamination2 and 7iii7 in subparagraph 7,b77i71 by inserting applicable before local educational agency2 7,f7 in paragraph 7#g71 by striking testing for and inserting testing or compliance monitoring for or remediation of2 and 7,g7 by striking paragraph 7#h7 and inserting the following3 7#h7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this subsection-- 7,a7 #cj1jjj1jjj for fiscal year #bjbb2 7,b7 #ce1jjj1jjj for fiscal year #bjbc2 7,c7 #dj1jjj1jjj for fiscal year #bjbd2 7,d7 #de1jjj1jjj for fiscal year #bjbe2 and 7,e7 #ej1jjj1jjj for fiscal year #bjbf4 4 #ejaaa4 ,indian reservation drinking water program ,section #bjja of the ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#c;c note2 ,public ,law #aae-bgj7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in the matter preceding paragraph 7#a71 by striking ,subject to the availability of appropriations1 the ,administrator of the ,environmental ,protection ,agency and inserting ,the ,administrator of the ,environmental ,protection ,agency 7referred to in this section as the ,administrator72 and 7,b7 by striking to implement in the matter preceding paragraph 7#a7 and all that follows through the period at the end of paragraph 7#b7 and inserting to implement eligible projects described in subsection 7b742 7#b7 in subsection 7b71 by striking paragraph 7#b7 and inserting the following3 7#b7 that will-- 7,a7 improve water quality1 water pressure1 or water services through means such as connecting to1 expanding1 repairing1 improving1 or obtaining water from a public water system 7as defined in section #adja of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f772 or 7,b7 improve water quality or sanitation or wastewater services at a treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 2 7#c7 by redesignating subsection 7d7 as subsection 7g72 7#d7 by striking subsection 7c7 and inserting the following3 7c7 ,required projects 7#a7 ,in general ,if sufficient projects exist1 of the funds made available to carry out this section1 the ,administrator shall use #ej percent to carry out-- 7,a7 #aj eligible projects described in subsection 7b7 that are within the ,upper ,missouri ,river ,basin2 7,b7 #aj eligible projects described in subsection 7b7 that are within the ,upper ,rio ,grande ,basin2 7,c7 #aj eligible projects described in subsection 7b7 that are within the ,columbia ,river ,basin2 7,d7 #aj eligible projects described in subsection 7b7 that are within the ,lower ,colorado ,river ,basin2 and 7,e7 #aj eligible projects described in subsection 7b7 that are within the ,arkansas-,white-,red ,river ,basin4 7#b7 ,requirement ,in carrying out paragraph 7#a77;,a71 the ,administrator shall select not fewer than #b eligible projects for a reservation that serves more than #a federally recognized ,indian ,tribe4 7d7 ,priority ,in selecting projects to carry out under this section1 the ,administrator shall give priority to projects that-- 7#a7 respond to emergency situations occurring due to or resulting in a lack of access to clean drinking water that threatens the health of ,tribal populations2 7#b7 would serve a ,tribal population that would qualify as a disadvantaged community based on the affordability criteria established by the applicable ,state under section #adeb7;d77#c7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;d77#c772 or 7#c7 would address the underlying factors contributing to-- 7,a7 an enforcement action commenced pursuant to the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq47 against the applicable public water system 7as defined in section #adja of that ,act 7#db ,u4,s4,c4 #cjj;f77 as of the date of enactment of this subparagraph2 or 7,b7 an enforcement action commenced pursuant to the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 against the applicable treatment works 7as defined in section #bab of that ,act 7#cc ,u4,s4,c4 #abib77 as of the date of enactment of this subparagraph4 7e7 ,federal share ,the ,federal share of the cost of a project carried out under this section shall be #ajj percent4 7f7 ,report ,not later than #b years after the date of enactment of this subsection1 the ,administrator shall submit to ,congress a report that describes the implementation of the program established under subsection 7a71 which shall include a description of the use and deployment of amounts made available under that program4 2 and 7#e7 in subsection 7g7 7as so redesignated7-- 7,a7 by striking ,there is and inserting ,there are2 7,b7 by striking subsection 7a7 #bj1jjj1jjj and inserting the following3 subsection 7a7-- 7#a7 #bj1jjj1jjj 2 7,c7 in paragraph 7#a7 7as so designated71 by striking #bjbb4 and inserting #bjba2 and2 and 7,d7 by adding at the end the following3 7#b7 #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 #ejaab4 ,advanced drinking water technologies ,part ,e of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j et seq47 7as amended by section #ejajg7 is amended by adding at the end the following3 #adei;,g4 ,advanced drinking water technologies 7a7 ,study 7#a7 ,in general ,subject to the availability of appropriations1 not later than #a year after the date of enactment of this section1 the ,administrator shall carry out a study that examines the state of existing and potential future technology1 including technology that could address cybersecurity vulnerabilities1 that enhances or could enhance the treatment1 monitoring1 affordability1 efficiency1 and safety of drinking water provided by a public water system4 7#b7 ,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 7#a74 7b7 ,advanced drinking water technology grant program 7#a7 ,definitions ,in this subsection3 7,a7 ,eligible entity ,the term eligible entity means the owner or operator of a public water system that-- 7i7 serves-- 7,i7 a population of not more than #ajj1jjj people2 or 7,,ii7 a community described in section #adei;,a7c77#b72 7ii7 has plans to identify or has identified opportunities in the operations of the public water system to employ new1 existing1 or emerging1 yet proven1 technologies1 including technology that could address cybersecurity vulnerabilities1 as determined by the ,administrator1 that enhance treatment1 monitoring1 affordability1 efficiency1 or safety of the drinking water provided by the public water system1 including technologies not identified in the study conducted under subsection 7a77#a72 and 7iii7 has expressed an interest in the opportunities in the operation of the public water system to employ new1 existing1 or emerging1 yet proven1 technologies1 including technology that could address cybersecurity vulnerabilities1 as determined by the ,administrator1 that enhance treatment1 monitoring1 affordability1 efficiency1 or safety of the drinking water provided by the public water system1 including technologies not identified in the study conducted under subsection 7a77#a74 7,b7 ,program ,the term program means the competitive grant program established under paragraph 7#b74 7#b7 ,establishment ,the ,administrator shall establish a competitive grant program under which the ,administrator shall award grants to eligible entities for the purpose of identifying1 deploying1 or identifying and deploying technologies described in paragraph 7#a77;,a77ii74 7#c7 ,requirements 7,a7 ,applications ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7,b7 ,federal share 7i7 ,in general ,subject to clause 7ii71 the ,federal share of the cost of a project carried out using a grant under the program shall not exceed #ij percent of the total cost of the project4 7ii7 ,waiver ,the ,administrator may increase the ,federal share under clause 7i7 to #ajj percent if the ,administrator determines that an eligible entity is unable to pay1 or would experience significant financial hardship if required to pay1 the non-,federal share4 7#d7 ,report ,not later than #b years after the date on which the ,administrator first awards a grant under the program1 and annually thereafter1 the ,administrator shall submit to ,congress a report describing-- 7,a7 each recipient of a grant under the program during the previous #a-year period2 and 7,b7 a summary of the activities carried out using grants awarded under the program4 7#e7 ,funding 7,a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the program #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7,b7 ,administrative costs ,not more than #b percent of the amount made available for a fiscal year under subparagraph 7,a7 to carry out the program may be used by the ,administrator for the administrative costs of carrying out the program4 4 #ejaac4 ,cybersecurity support for public water systems ,part ,b of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;g et seq47 is amended by adding at the end the following3 #adbj;,a4 ,cybersecurity support for public water systems 7a7 ,definitions ,in this section3 7#a7 ,appropriate ,congressional committees ,the term appropriate ,congressional committees means-- 7,a7 the ,committee on ,environment and ,public ,works of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,director ,the term ,director means the ,director of the ,cybersecurity and ,infrastructure ,security ,agency4 7#c7 ,incident ,the term incident has the meaning given the term in section #ceeb of title #dd1 ,united ,states ,code4 7#d7 ,prioritization ,framework ,the term ,prioritization ,framework means the prioritization framework developed by the ,administrator under subsection 7b77#a77;,a74 7#e7 ,support ,plan ,the term ,support ,plan means the ,technical ,cybersecurity ,support ,plan developed by the ,administrator under subsection 7b77#b77;,a74 7b7 ,identification of and support for public water systems 7#a7 ,prioritization framework 7,a7 ,in general ,not later than #ahj days after the date of enactment of this section1 the ,administrator1 in coordination with the ,director1 shall develop a prioritization framework to identify public water systems 7including sources of water for those public water systems7 that1 if degraded or rendered inoperable due to an incident1 would lead to significant impacts on the health and safety of the public4 7,b7 ,considerations ,in developing the ,prioritization ,framework1 to the extent practicable1 the ,administrator shall incorporate consideration of-- 7i7 whether cybersecurity vulnerabilities for a public water system have been identified under section #adcc2 7ii7 the capacity of a public water system to remediate a cybersecurity vulnerability without additional ,federal support2 7iii7 whether a public water system serves a defense installation or critical national security asset2 and 7iv7 whether a public water system1 if degraded or rendered inoperable due to an incident1 would cause a cascading failure of other critical infrastructure4 7#b7 ,technical ,cybersecurity ,support ,plan 7,a7 ,in general ,not later than #bgj days after the date of enactment of this section1 the ,administrator1 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 ,framework1 shall develop a ,technical ,cybersecurity ,support ,plan for public water systems4 7,b7 ,requirements ,the ,support ,plan-- 7i7 shall establish a methodology for identifying specific public water systems for which cybersecurity support should be prioritized2 7ii7 shall establish timelines for making voluntary technical support for cybersecurity available to specific public water systems2 7iii7 may include public water systems identified by the ,administrator1 in coordination with the ,director1 as needing technical support for cybersecurity2 7iv7 shall include specific capabilities of the ,administrator and the ,director that may be utilized to provide support to public water systems under the ,support ,plan1 including-- 7,i7 site vulnerability and risk assessments2 7,,ii7 penetration tests2 and 7,,iii7 any additional support determined to be appropriate by the ,administrator2 and 7v7 shall only include plans for providing voluntary support to public water systems4 7#c7 ,consultation required ,in developing the ,prioritization ,framework pursuant to paragraph 7#a7 and the ,support ,plan pursuant to paragraph 7#b71 the ,administrator shall consult with such ,federal or non-,federal entities as determined to be appropriate by the ,administrator4 7#d7 ,reports required 7,a7 ,prioritization framework ,not later than #aij days after the date of enactment of this section1 the ,administrator shall submit to the appropriate ,congressional committees a report describing the ,prioritization ,framework4 7,b7 ,technical ,cybersecurity ,support ,plan ,not later than #bhj days after the date of enactment of this section1 the ,administrator shall submit to the appropriate ,congressional committees-- 7i7 the ,support ,plan2 and 7ii7 a list describing any public water systems identified by the ,administrator1 in coordination with the ,director1 as needing technical support for cybersecurity during the development of the ,support ,plan4 7c7 ,rules of construction ,nothing in this section-- 7#a7 alters the existing authorities of the ,administrator2 or 7#b7 compels a public water system to accept technical support offered by the ,administrator4 4 #ejaad4 ,state response to contaminants ,section #adei;,a7j77#a7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a7j77#a77 is amended-- 7#a7 in the matter preceding subparagraph 7,a71 by striking an underserved community and inserting a community described in subsection 7c77#b72 and 7#b7 in subparagraph 7,a77i71 by striking such underserved and inserting that4 #ejaae4 ,annual study on boil water advisories 7a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall conduct a study on the prevalence of boil water advisories issued in the ,united ,states4 7b7 ,report 7#a7 ,in general ,the ,administrator shall submit to ,congress a report describing the results of the most recent study conducted under subsection 7a7 as part of the annual budget request transmitted to ,congress under section #aaje7;a7 of title #ca1 ,united ,states ,code4 7#b7 ,requirement ,in the annual report required under paragraph 7#a71 the ,administrator shall include a description of the reasons for which boil water advisories were issued during the year covered by the report4 ,,ii ,clean water #ejbja4 ,research1 investigations1 training1 and information 7a7 ,reauthorization ,section #ajd7u7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7u77 is amended-- 7#a7 by striking and 7#g7 and inserting 7#g72 and 7#b7 in paragraph 7#g7-- 7,a7 by striking #bjbc and inserting #bjba2 and 7,b7 by striking the period at the end and inserting 2 and 7#h7 not to exceed #ge1jjj1jjj for each of fiscal years #bjbb through #bjbf for carrying out subsections 7b77#c71 7b77#h71 and 7g71 of which not less than #ej1jjj1jjj each fiscal year shall be used to carry out subsection 7b77#h744 7b7 ,communication ,each nonprofit organization that receives funding under paragraph 7#h7 of section #ajd7;b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7;b77 shall1 before using that funding to undertake activities to carry out that paragraph1 consult with the ,state in which the assistance is to be expended or otherwise made available4 7c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report that describes the implementation of the grants authorized under subsections 7b77#c71 7b77#h71 and 7g7 of section #ajd of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed71 which shall include a description of the grant recipients and grant amounts made available to carry out those subsections4 #ejbjb4 ,wastewater efficiency grant pilot program ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 is amended by adding at the end the following3 #bbb4 ,wastewater efficiency grant pilot program 7a7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a wastewater efficiency grant pilot program 7referred to in this section as the pilot program7 to award grants to owners or operators of publicly owned treatment works to carry out projects that create or improve waste-to-energy systems4 7b7 ,selection 7#a7 ,applications ,to be eligible to receive a grant under the pilot program1 an owner or operator of a treatment works shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7#b7 ,number of recipients ,the ,administrator shall select not more than #ae recipients of grants under the pilot program from applications submitted under paragraph 7#a74 7c7 ,use of funds 7#a7 ,in general ,subject to paragraph 7#b71 a recipient of a grant under the pilot program may use grant funds for-- 7,a7 sludge collection2 7,b7 installation of anaerobic digesters2 7,c7 methane capture2 7,d7 methane transfer2 7,e7 facility upgrades and retrofits necessary to create or improve waste-to-energy systems2 and 7,f7 other new and emerging1 but proven1 technologies that transform waste to energy4 7#b7 ,limitation ,a grant to a recipient under the pilot program shall be not more than #d1jjj1jjj4 7d7 ,reports 7#a7 ,report to the ,administrator ,not later than #b 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 7e71 the recipient of the grant shall submit to the ,administrator a report describing the impact of that project on the communities within #c miles of the treatment works4 7#b7 ,report to ,congress ,not later than #a 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 7e71 the ,administrator shall submit to ,congress a report describing-- 7,a7 the applications received by the ,administrator for grants under the pilot program2 and 7,b7 the projects for which grants were awarded under the pilot program4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out the pilot program #bj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbjc4 ,pilot program for alternative water source projects ,section #bbj of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acjj7 is amended-- 7#a7 in subsection 7b71 in the heading1 by striking ,in ,general and inserting ,establishment2 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a71 by inserting construction before funds2 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 by striking subsection 7e72 7#d7 in subsection 7i7-- 7,a7 in the matter preceding paragraph 7#a71 by striking 1 the following definitions apply2 and 7,b7 in paragraph 7#a71 in the first sentence1 by striking water or wastewater or by treating wastewater and inserting water1 wastewater1 or stormwater or by treating wastewater or stormwater for groundwater recharge1 potable reuse1 or other purposes2 7#e7 in subsection 7j7-- 7,a7 in the first sentence1 by striking ,there is and inserting the following3 7#a7 ,in general ,there is 2 7,b7 in paragraph 7#a7 7as so designated71 by striking a total of #ge1jjj1jjj for fiscal years #bjjb through #bjjd4 ,such sums shall and inserting #be1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to2 and 7,c7 by adding at the end the following3 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 2 and 7#f7 by redesignating subsections 7b71 7c71 7d71 7i71 and 7j7 as subsections 7c71 7d71 7e71 7b71 and 7i71 respectively1 and moving those subsections so as to appear in alphabetical order4 #ejbjd4 ,sewer overflow and stormwater reuse municipal grants ,section #bba of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acja7 is amended-- 7#a7 in subsection 7a77#a7 -- 7,a7 in subparagraph 7,a71 by striking and at the end2 7,b7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,c7 by inserting after subparagraph 7,a7 the following3 7,b7 notification systems to inform the public of combined sewer or sanitary overflows that result in sewage being released into rivers and other waters2 and 2 7#b7 in subsection 7d7-- 7,a7 in the second sentence1 by striking ,the non-,federal share of the cost and inserting the following3 7#c7 ,types of non-,federal share ,the applicable non-,federal share of the cost under this subsection 2 7,b7 in the first sentence1 by striking ,the ,federal and inserting the following3 7#a7 ,in general ,the ,federal 2 and 7,c7 by inserting after paragraph 7#a7 7as so designated7 the following3 7#b7 ,rural and financially distressed communities ,to the maximum extent practicable1 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 7as those terms are defined in subsection 7f77#b77;,b77i774 2 7#c7 in subsection 7f7-- 7,a7 by striking paragraph 7#a7 and inserting the following3 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #bhj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking ,to the extent and inserting the following3 7,a7 ,green projects ,to the extent 2 and 7ii7 by adding at the end the following3 7,b7 ,rural or financially distressed community allocation 7i7 ,definitions ,in this subparagraph3 7,i7 ,financially distressed community ,the term financially distressed community has the meaning given the term in subsection 7c77#a74 7,,ii7 ,rural community ,the term rural community means a city1 town1 or unincorporated area that has a population of not more than #aj1jjj inhabitants4 7ii7 ,allocation 7,i7 ,in general ,to the extent there are sufficient eligible project applications1 the ,administrator shall ensure that a ,state uses not less than #be percent of the amount of the grants made to the ,state under subsection 7a7 in a fiscal year to carry out projects in rural communities or financially distressed communities for the purpose of planning1 design1 and construction of-- 7aa7 treatment works to intercept1 transport1 control1 treat1 or reuse municipal sewer overflows1 sanitary sewer overflows1 or stormwater2 or 7bb7 any other measures to manage1 reduce1 treat1 or recapture stormwater or subsurface drainage water eligible for assistance under section #fjc7;c74 7,,ii7 ,rural communities ,of the funds allocated under subclause 7,i7 for the purposes described in that subclause1 to the extent there are sufficient eligible project applications1 the ,administrator shall ensure that a ,state uses not less than #fj percent to carry out projects in rural communities4 2 and 7#d7 in subsection 7i7-- 7,a7 in the second sentence1 by striking ,the recommended funding levels and inserting the following3 7,b7 ,requirement ,the funding levels recommended under subparagraph 7,a77i7 2 7,b7 in the first sentence1 by striking ,not later and inserting the following3 7#a7 ,periodic reports 7,a7 ,in general ,not later 2 7,c7 in paragraph 7#a77;,a7 7as so designated7-- 7i7 by striking the period at the end and inserting 2 and2 7ii7 by striking containing recommended and inserting the following3 containing-- 7i7 recommended 2 and 7iii7 by adding at the end the following3 7ii7 a description of the extent to which ,states pass costs associated with the non-,federal share requirements under subsection 7d7 to local communities1 with a focus on rural communities and financially distressed communities 7as those terms are defined in subsection 7f77#b77;,b77i774 2 and 7,d7 by adding at the end the following3 7#b7 ,use of funds ,not later than #b years after the date of enactment of this paragraph1 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 section1 which shall include a description of the grant recipients1 sources of funds for non-,federal share requirements under subsection 7d71 and grant amounts made available under the program4 4 #ejbje4 ,clean water infrastructure resiliency and sustainability program ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #ejbjb7 is amended by adding at the end the following3 #bbc4 ,clean water infrastructure resiliency and sustainability program 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a municipality2 or 7,b7 an intermunicipal1 interstate1 or ,state agency4 7#b7 ,natural hazard ,the term natural hazard means a hazard caused by natural forces1 including extreme weather events1 sea-level rise1 and extreme drought conditions4 7#c7 ,program ,the term program means the clean water infrastructure resilience and sustainability program established under subsection 7b74 7b7 ,establishment ,subject to the availability of appropriations1 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 vulnerabilities4 7c7 ,use of funds ,an eligible entity that receives a grant under the program shall use the grant funds for planning1 designing1 or constructing projects 7on a system-wide or area-wide basis7 that increase the resilience of a publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities through-- 7#a7 the conservation of water2 7#b7 the enhancement of water use efficiency2 7#c7 the enhancement of wastewater and stormwater management by increasing watershed preservation and protection1 including through the use of-- 7,a7 natural and engineered green infrastructure2 and 7,b7 reclamation and reuse of wastewater and stormwater1 such as aquifer recharge zones2 7#d7 the modification or relocation of an existing publicly owned treatment works1 conveyance1 or discharge system component that is at risk of being significantly impaired or damaged by a natural hazard2 7#e7 the development and implementation of projects to increase the resilience of publicly owned treatment works to a natural hazard or cybersecurity vulnerabilities1 as applicable2 or 7#f7 the enhancement of energy efficiency or the use and generation of recovered or renewable energy in the management1 treatment1 or conveyance of wastewater or stormwater4 7d7 ,application ,to be eligible to receive a grant under the program1 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7#a7 a proposal of the project to be planned1 designed1 or constructed using funds under the program2 7#b7 an identification of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability1 as applicable1 to be addressed by the proposed project2 7#c7 documentation prepared by a ,federal1 ,state1 regional1 or local government agency of the natural hazard risk of the area where the proposed project is to be located or potential cybersecurity vulnerability1 as applicable1 of the area where the proposed project is to be located2 7#d7 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 works2 7#e7 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 vulnerability1 as applicable2 and 7#f7 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 vulnerability1 as applicable4 7e7 ,grant amount and other federal requirements 7#a7 ,cost share ,except as provided in paragraph 7#b71 a grant under the program shall not exceed #ge percent of the total cost of the proposed project4 7#b7 ,exception 7,a7 ,in general ,except as provided in subparagraph 7,b71 a grant under the program shall not exceed #ij percent of the total cost of the proposed project if the project serves a community that-- 7i7 has a population of fewer than #aj1jjj individuals2 or 7ii7 meets the affordability criteria established by the ,state in which the community is located under section #fjc7;i77#b74 7,b7 ,waiver ,at the discretion of the ,administrator1 a grant for a project described in subparagraph 7,a7 may cover #ajj percent of the total cost of the proposed project4 7#c7 ,requirements ,the requirements of section #fjh shall apply to a project funded with a grant under the program4 7f7 ,report ,not later than #b years after the date of enactment of this section1 the ,administrator shall submit to ,congress a report that describes the implementation of the program1 which shall include an accounting of all grants awarded under the program1 including a description of each grant recipient and each project funded using a grant under the program4 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #be1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbjf4 ,small and medium publicly owned treatment works circuit rider program ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #ejbje7 is amended by adding at the end the following3 #bbd4 ,small and medium publicly owned treatment works circuit rider program 7a7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish a circuit rider program 7referred to in this section as the circuit rider program7 under which the ,administrator shall award grants to qualified nonprofit entities1 as determined by the ,administrator1 to provide assistance to owners and operators of small and medium publicly owned treatment works to carry out the activities described in section #fjb7;b77#ac74 7b7 ,limitation ,a grant provided under the circuit rider program shall be in an amount that is not more than #ge1jjj4 7c7 ,prioritization ,in selecting recipients of grants under the circuit rider program1 the ,administrator shall give priority to qualified nonprofit entities1 as determined by the ,administrator1 that would serve a community that-- 7#a7 has a history1 for not less than the #aj years prior to the award of the grant1 of unresolved wastewater issues1 stormwater issues1 or a combination of wastewater and stormwater issues2 7#b7 is considered financially distressed2 7#c7 faces the cumulative burden of stormwater and wastewater overflow issues2 or 7#d7 has previously failed to access ,federal technical assistance due to cost-sharing requirements4 7d7 ,communication ,each qualified nonprofit entity that receives funding under this section shall1 before using that funding to undertake activities to carry out this section1 consult with the ,state in which the assistance is to be expended or otherwise made available4 7e7 ,report ,not later than #b years after the date on which the ,administrator establishes the circuit rider program1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report describing-- 7#a7 each recipient of a grant under the circuit rider program2 and 7#b7 a summary of the activities carried out under the circuit rider program4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for the period of fiscal years #bjbb through #bjbf4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbjg4 ,small publicly owned treatment works efficiency grant program ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #ejbjf7 is amended by adding at the end the following3 #bbe4 ,small publicly owned treatment works efficiency grant program 7a7 ,establishment ,subject to the availability of appropriations1 not later than #ahj days after the date of enactment of this section1 the ,administrator shall establish an efficiency grant program 7referred to in this section as the efficiency grant program7 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 works1 as identified in an efficiency audit4 7b7 ,eligible entities ,the ,administrator may award a grant under the efficiency grant program to-- 7#a7 an owner or operator of a small publicly owned treatment works that serves-- 7,a7 a population of not more than #aj1jjj people2 or 7,b7 a disadvantaged community2 or 7#b7 a nonprofit organization that seeks to assist a small publicly owned treatment works described in paragraph 7#a7 to carry out the activities described in subsection 7a74 7c7 ,report ,not later than #b years after the date on which the ,administrator establishes the efficiency grant program1 and every #b years thereafter1 the ,administrator shall submit to ,congress a report describing-- 7#a7 each recipient of a grant under the efficiency grant program2 and 7#b7 a summary of the activities carried out under the efficiency grant program4 7d7 ,use of funds 7#a7 ,small systems ,of the amounts made available for grants under this section1 to the extent that there are sufficient applications1 not less than #ae percent shall be used for grants to publicly owned treatment works that serve fewer than #c1cjj people4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under this section1 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbjh4 ,grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #ejbjg7 is amended by adding at the end the following3 #bbf4 ,grants for construction and refurbishing of individual household decentralized wastewater systems for individuals with low or moderate income 7a7 ,definition of eligible individual ,in this section1 the term eligible individual means a member of a low-income or moderate-income household1 the members of which have a combined income 7for the most recent #ab-month period for which information is available7 equal to not more than #ej percent of the median nonmetropolitan household income for the ,state or territory in which the household is located1 according to the most recent decennial census4 7b7 ,grant program 7#a7 ,in general ,subject to the availability of appropriations1 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-- 7,a7 for the construction1 repair1 or replacement of an individual household decentralized wastewater treatment system2 or 7,b7 for the installation of a larger decentralized wastewater system designed to provide treatment for #b or more households in which eligible individuals reside1 if-- 7i7 site conditions at the households are unsuitable for the installation of an individually owned decentralized wastewater system2 7ii7 multiple examples of unsuitable site conditions exist in close geographic proximity to each other2 and 7iii7 a larger decentralized wastewater system could be cost-effectively installed4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 a private nonprofit organization shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator determines to be appropriate4 7#c7 ,priority ,in awarding grants under this subsection1 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 systems4 7#d7 ,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 7#a71 as the ,administrator determines to be appropriate4 7c7 ,grants 7#a7 ,in general ,subject to paragraph 7#b71 a private nonprofit organization shall use a grant provided under subsection 7b7 for the services described in paragraph 7#a7 of that subsection4 7#b7 ,application ,to be eligible to receive the services described in subsection 7b77#a71 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 is1 or is proposed to be1 located an application at such time1 in such manner1 and containing such information as the private nonprofit organization determines to be appropriate4 7#c7 ,priority ,in awarding grants under this subsection1 a private nonprofit organization shall give priority to any eligible individual who does not have access to a sanitary sewage disposal system4 7d7 ,report ,not later than #b years after the date of enactment of this section1 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 section4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this section #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbji4 ,connection to publicly owned treatment works ,title ,,ii of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abha et seq47 7as amended by section #ejbjh7 is amended by adding at the end the following3 #bbg4 ,connection to publicly owned treatment works 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 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 works2 or 7,b7 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 works4 7#b7 ,program ,the term program means the competitive grant program established under subsection 7b74 7#c7 ,qualified individual ,the term qualified individual has the meaning given the term eligible individual in section #fjc7;j74 7b7 ,establishment ,subject to the availability of appropriations1 the ,administrator shall establish a competitive grant program with the purpose of improving general welfare1 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 works4 7c7 ,application 7#a7 ,in general ,an eligible entity seeking a grant under the program shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may by regulation require4 7#b7 ,requirement ,not later than #ij days after the date on which the ,administrator receives an application from an eligible entity under paragraph 7#a71 the ,administrator shall notify the eligible entity of whether the ,administrator will award a grant to the eligible entity under the program4 7d7 ,selection criteria ,in selecting recipients of grants under the program1 the ,administrator shall use the following criteria3 7#a7 ,whether the eligible entity seeking a grant provides services to1 or works directly with1 qualified individuals4 7#b7 ,whether the eligible entity seeking a grant-- 7,a7 has an existing program to assist in covering the costs incurred in connecting a household to a publicly owned treatment works2 or 7,b7 seeks to create a program described in subparagraph 7,a74 7e7 ,requirements 7#a7 ,voluntary connection ,before providing funds to a qualified individual for the costs described in subsection 7b71 an eligible entity shall ensure that-- 7,a7 the qualified individual has connected to the publicly owned treatment works voluntarily2 and 7,b7 if the eligible entity is not the owner or operator of the publicly owned treatment works to which the qualified individual has connected1 the publicly owned treatment works to which the qualified individual has connected has agreed to the connection4 7#b7 ,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 7b7 by-- 7,a7 reducing the amount otherwise owed by the qualified individual to the owner or operator for wastewater or other services provided by the owner or operator2 or 7,b7 providing a direct payment to the qualified individual4 7f7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out the program #dj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,limitations on use of funds 7,a7 ,small systems ,of the amounts made available for grants under paragraph 7#a71 to the extent that there are sufficient applications1 not less than #ae percent shall be used to make grants to-- 7i7 eligible entities described in subsection 7a77#a77;,a7 that are owners and operators of publicly owned treatment works that serve fewer than #c1cjj people2 and 7ii7 eligible entities described in subsection 7a77#a77;,b7 that provide the assistance described in that subsection in areas that are served by publicly owned treatment works that serve fewer than #c1cjj people4 7,b7 ,administrative costs ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 4 #ejbaj4 ,clean water ,state revolving funds 7a7 ,use of funds 7#a7 ,in general ,section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc7 is amended-- 7,a7 in subsection 7d71 in the matter preceding paragraph 7#a71 by inserting and provided in subsection 7k7 after ,state law2 7,b7 in subsection 7i7-- 7i7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking 1 including forgiveness of principal and negative interest loans and inserting 7including forgiveness of principal1 grants1 negative interest loans1 other loan forgiveness1 and through buying1 refinancing1 or restructuring debt72 and 7ii7 in paragraph 7#c71 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,total amount of subsidization 7i7 ,in general ,for each fiscal year1 of the amount of the capitalization grant received by the ,state under this title1 the total amount of additional subsidization made available by a ,state under paragraph 7#a7-- 7,i7 may not exceed #cj percent2 and 7,,ii7 to the extent that there are sufficient applications for assistance to communities described in that paragraph1 may not be less than #aj percent4 7ii7 ,exclusion ,a loan from the water pollution control revolving fund of a ,state with an interest rate equal to or greater than #j percent shall not be considered additional subsidization for purposes of this subparagraph4 2 and 7,c7 by adding at the end the following3 7k7 ,additional use of funds ,a ,state may use an additional #b percent of the funds annually awarded to each ,state under this title for nonprofit organizations 7as defined in section #ajd7w77 or ,state1 regional1 interstate1 or municipal entities to provide technical assistance to rural1 small1 and tribal publicly owned treatment works 7within the meaning of section #ajd7;b77#h77;,b77 in the ,state4 4 7#b7 ,technical amendment ,section #ajd7w7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abed7w77 is amended by striking treatments works and inserting treatment works4 7b7 ,capitalization grant reauthorization ,section #fjg of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achg7 is amended to read as follows3 #fjg4 ,authorization of appropriations ,there are authorized to be appropriated to carry out the purposes of this title-- 7#a7 #b1djj1jjj1jjj for fiscal year #bjbb2 7#b7 #b1gej1jjj1jjj for fiscal year #bjbc2 7#c7 #c1jjj1jjj1jjj for fiscal year #bjbd2 and 7#d7 #c1bej1jjj1jjj for each of fiscal years #bjbe and #bjbf4 4 #ejbaa4 ,water infrastructure and workforce investment ,section #dcjd of the ,america's ,water ,infrastructure ,act of #bjah 7#db ,u4,s4,c4 #cjj;j-#ai;e7 is amended-- 7#a7 in subsection 7a77#c7-- 7,a7 in subparagraph 7,a71 by inserting ,tribal1 after ,state12 and 7,b7 in subparagraph 7,b71 by striking community-based organizations and all that follows through the period at the end and inserting the following3 community-based organizations and public works departments or agencies to align water and wastewater utility workforce recruitment efforts1 training programs1 retention efforts1 and community resources with water and wastewater utilities-- 7i7 to accelerate career pipelines2 7ii7 to ensure the sustainability of the water and wastewater utility workforce2 and 7iii7 to provide access to workforce opportunities4 2 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 by striking subparagraph 7,b72 7ii7 in subparagraph 7,a71 by striking 2 and at the end and inserting 1 which may include-- 7iii7 in the matter preceding subparagraph 7,a71 by striking program-- and all that follows through to assist in subparagraph 7,a7 and inserting program to assist2 and 7iv7 by adding at the end the following3 7,a7 expanding the use and availability of activities and resources that relate to the recruitment1 including the promotion of diversity within that recruitment1 of individuals to careers in the water and wastewater utility sector2 7,b7 expanding the availability of training opportunities for-- 7i7 individuals entering into the water and wastewater utility sector2 and 7ii7 individuals seeking to advance careers within the water and wastewater utility sector2 and 7,c7 expanding the use and availability of activities and strategies1 including the development of innovative activities and strategies1 that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector4 2 7,b7 in paragraph 7#b7-- 7i7 in the matter preceding subparagraph 7,a71 by striking institutions-- and inserting institutions1 or public works departments and agencies--2 and 7ii7 in subparagraph 7,a7-- 7,i7 by striking clauses 7ii7 and 7iii72 7,,ii7 in clause 7i71 by adding or at the end2 7,,iii7 by redesignating clause 7i7 as clause 7ii72 7,,iv7 by inserting before clause 7ii7 7as so redesignated7 the following3 7i7 in the development of educational or recruitment materials and activities1 including those materials and activities that specifically promote diversity within recruitment1 for the water and wastewater utility workforce2 2 and 7,v7 by adding at the end the following3 7iii7 developing activities and strategies that relate to the maintenance and retention of a sustainable workforce in the water and wastewater utility sector2 and 2 7,c7 in paragraph 7#c7-- 7i7 in subparagraph 7,d77ii71 by inserting or certification after training2 and 7ii7 in subparagraph 7,e71 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 workers2 and 7,d7 by striking paragraph 7#d7 and inserting the following3 7#d7 ,working group2 report 7,a7 ,in general ,the ,administrator shall establish and coordinate a ,federal interagency working group to address recruitment1 training1 and retention challenges in the water and wastewater utility workforce1 which shall include representatives from-- 7i7 the ,department of ,education2 7ii7 the ,department of ,labor2 7iii7 the ,department of ,agriculture2 7iv7 the ,department of ,veterans ,affairs2 and 7v7 other ,federal agencies1 as determined to be appropriate by the ,administrator4 7,b7 ,report ,not later than #b years after the date of enactment of this subparagraph1 the ,administrator1 in coordination with the working group established under subparagraph 7,a71 shall submit to ,congress a report describing potential solutions to recruitment1 training1 and retention challenges in the water and wastewater utility workforce4 7,c7 ,consultation ,in carrying out the duties of the working group established under subparagraph 7,a71 the working group shall consult with ,state operator certification programs4 7#e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 2 7#c7 by redesignating subsections 7a7 and 7b7 as subsections 7b7 and 7c71 respectively2 and 7#d7 by inserting before subsection 7b7 7as so redesignated7 the following3 7a7 ,definition of public works department or agency ,in this section1 the term public works department or agency means a political subdivision of a local1 county1 or regional government that designs1 builds1 operates1 and maintains water infrastructure1 sewage and refuse disposal systems1 and other public water systems and facilities4 4 #ejbab4 ,grants to ,alaska to improve sanitation in rural and ,native villages ,section #cjc of the ,safe ,drinking ,water ,act ,amendments of #aiif 7#cc ,u4,s4,c4 #abfc;a7 is amended-- 7#a7 in subsection 7b71 by striking #ej percent and inserting #ge percent2 and 7#b7 in subsection 7e71 by striking this section and all that follows through the period at the end and inserting the following3 this section-- 7#a7 #dj1jjj1jjj for each of fiscal years #bjbb through #bjbd2 7#b7 #ej1jjj1jjj for fiscal year #bjbe2 and 7#c7 #fj1jjj1jjj for fiscal year #bjbf4 4 #ejbac4 ,water data sharing pilot program 7a7 ,establishment 7#a7 ,in general ,subject to the availability of appropriations1 the ,administrator shall establish a competitive grant pilot program 7referred to in this section as the pilot program7 under which the ,administrator may award grants to eligible entities under subsection 7b7 to establish systems that improve the sharing of information concerning water quality1 water infrastructure needs1 and water technology1 including cybersecurity technology1 between ,states or among counties and other units of local government within a ,state1 which may include-- 7,a7 establishing a website or data hub to exchange water data1 including data on water quality or water technology1 including new and emerging1 but proven1 water technology2 and 7,b7 intercounty communications initiatives related to water data4 7#b7 ,requirements 7,a7 ,data sharing ,the ,internet of ,water principles developed by the ,nicholas ,institute for ,environmental ,policy ,solutions shall1 to the extent practicable1 guide any water data sharing efforts under the pilot program4 7,b7 ,use of existing data ,the recipient of a grant under the pilot program to establish a website or data hub described in paragraph 7#a77;,a7 shall1 to the extent practicable1 leverage existing data sharing infrastructure4 7b7 ,eligible entities ,an entity eligible for a grant under the pilot program is-- 7#a7 a ,state1 county1 or other unit of local government that-- 7,a7 has a coastal watershed with significant pollution levels2 7,b7 has a water system with significant pollution levels2 or 7,c7 has significant individual water infrastructure deficits2 or 7#b7 a regional consortium established under subsection 7d74 7c7 ,applications ,to be eligible to receive a grant under the pilot program1 an eligible entity under subsection 7b7 shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require4 7d7 ,regional consortia 7#a7 ,establishment ,states may establish regional consortia in accordance with this subsection4 7#b7 ,requirements ,a regional consortium established under paragraph 7#a7 shall-- 7,a7 include not fewer than #b ,states that have entered into a memorandum of understanding-- 7i7 to exchange water data1 including data on water quality2 or 7ii7 to share information1 protocols1 and procedures with respect to projects that evaluate1 demonstrate1 or install new and emerging1 but proven1 water technology2 7,b7 carry out projects-- 7i7 to exchange water data1 including data on water quality2 or 7ii7 that evaluate1 demonstrate1 or install new and emerging1 but proven1 water technology2 and 7,c7 develop a regional intended use plan1 in accordance with paragraph 7#c71 to identify projects to carry out1 including projects using grants received under this section4 7#c7 ,regional intended use plan ,a regional intended use plan of a regional consortium established under paragraph 7#a7-- 7,a7 shall identify projects that the regional consortium intends to carry out1 including projects that meet the requirements of paragraph 7#b77;,b72 and 7,b7 may include-- 7i7 projects included in an intended use plan of a ,state prepared under section #fjf7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achf7;c77 within the regional consortium2 and 7ii7 projects not included in an intended use plan of a ,state prepared under section #fjf7;c7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achf7;c77 within the regional consortium4 7e7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report that describes the implementation of the pilot program1 which shall include-- 7#a7 a description of the use and deployment of amounts made available under the pilot program2 and 7#b7 an accounting of all grants awarded under the program1 including a description of each grant recipient and each project funded using a grant under the pilot program4 7f7 ,funding 7#a7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the pilot program #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 7#b7 ,requirement ,of the funds made available under paragraph 7#a71 not more than #ce percent may be used to provide grants to regional consortia established under subsection 7d74 #ejbad4 ,final rating opinion letters ,section #ejbh7;a77#a77;,d77ii7 of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cijg7;a77#a77;,d77ii77 is amended by striking final rating opinion letters from at least #b rating agencies and inserting a final rating opinion letter from at least #a rating agency4 #ejbae4 ,water infrastructure financing reauthorization 7a7 ,in general ,section #ejcc of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #ciab7 is amended-- 7#a7 in subsection 7a71 by adding at the end the following3 7#c7 ,fiscal years #bjbb through #bjbf ,there is authorized to be appropriated to the ,administrator to carry out this subtitle #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf1 to remain available until expended4 2 7#b7 in subsection 7b77#b7-- 7,a7 in the paragraph heading1 by striking #bjbj and #bjba and inserting after #bjai2 and 7,b7 by striking #bjbj and #bjba and inserting #bjbb through #bjbf2 and 7#c7 in subsection 7e77#a71 by striking #bjbj and #bjba and inserting #bjbb through #bjbf4 7b7 ,outreach plan ,the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #cija et seq47 is amended by adding at the end the following3 #ejcf4 ,outreach plan 7a7 ,definition of rural community ,in this section1 the term rural community means a city1 town1 or unincorporated area that has a population of not more than #aj1jjj inhabitants4 7b7 ,outreach required ,not later than #ahj days after the date of enactment of this section1 the ,administrator1 in consultation with relevant ,federal agencies1 shall develop and begin implementation of an outreach plan to promote financial assistance available under this subtitle to small communities and rural communities4 4 #ejbaf4 ,small and disadvantaged community analysis 7a7 ,analysis ,not later than #b years after the date of enactment of this ,act1 using environmental justice data of the ,environmental ,protection ,agency1 including data from the environmental justice mapping and screening tool of the ,environmental ,protection ,agency1 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 7#cc ,u4,s4,c4 #acha et seq47 and section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7 to identify historical distributions of funds to small and disadvantaged communities and new opportunities and methods to improve on the distribution of funds under those programs to low-income communities1 rural communities1 minority communities1 and communities of indigenous peoples1 in accordance with ,executive ,order #abhih 7#db ,u4,s4,c4 #dcba note2 #fj ,fed4 ,reg4 #fcha2 relating to ,federal actions to address environmental justice in minority populations and low-income populations74 7b7 ,requirement ,the analysis under subsection 7a7 shall include an analysis1 to the extent practicable1 of communities in the ,united ,states that do not have access to drinking water or wastewater services4 7c7 ,report ,on completion of the analysis under subsection 7a71 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-- 7#a7 the results of the analysis2 and 7#b7 the criteria the ,administrator used in carrying out the analysis4 #ejbag4 ,stormwater infrastructure technology 7a7 ,definitions ,in this section3 7#a7 ,center ,the term center means a center of excellence for stormwater control infrastructure established under subsection 7b77#a74 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 ,tribal1 or local government2 or 7,b7 a local1 regional1 or other public entity that manages stormwater or wastewater resources or other related water infrastructure4 7#c7 ,eligible institution ,the term eligible institution means an institution of higher education1 a research institution1 or a nonprofit organization-- 7,a7 that has demonstrated excellence in researching and developing new and emerging stormwater control infrastructure technologies2 and 7,b7 with respect to a nonprofit organization1 the core mission of which includes water management1 as determined by the ,administrator4 7b7 ,centers of ,excellence for stormwater control infrastructure technologies 7#a7 ,establishment of centers 7,a7 ,in general ,subject to the availability of appropriations1 the ,administrator shall provide grants1 on a competitive basis1 to eligible institutions to establish and maintain not less than #c1 and not more than #e1 centers of excellence for new and emerging stormwater control infrastructure technologies1 to be located in various regions throughout the ,united ,states4 7,b7 ,general operation ,each center shall-- 7i7 conduct research on new and emerging stormwater control infrastructure technologies that are relevant to the geographical region in which the center is located1 including stormwater and sewer overflow reduction1 other approaches to water resource enhancement1 alternative funding approaches1 and other environmental1 economic1 and social benefits1 with the goal of improving the effectiveness1 cost efficiency1 and protection of public safety and water quality2 7ii7 maintain a listing of-- 7,i7 stormwater control infrastructure needs2 and 7,,ii7 an analysis of new and emerging stormwater control infrastructure technologies that are available2 7iii7 analyze whether additional financial programs for the implementation of new and emerging1 but proven1 stormwater control infrastructure technologies would be useful2 7iv7 provide information regarding research conducted under clause 7i7 to the national electronic clearinghouse center for publication on the ,internet website established under paragraph 7#c77;,b77i7 to provide to the ,federal ,government and ,state1 ,tribal1 and local governments and the private sector information regarding new and emerging1 but proven1 stormwater control infrastructure technologies2 7v7 provide technical assistance to ,state1 ,tribal1 and local governments to assist with the design1 construction1 operation1 and maintenance of stormwater control infrastructure projects that use innovative technologies2 7vi7 collaborate with institutions of higher education and private and public organizations1 including community-based public-private partnerships and other stakeholders1 in the geographical region in which the center is located2 and 7vii7 coordinate with the other centers to avoid duplication of efforts4 7#b7 ,application ,to be eligible to receive a grant under this subsection1 an eligible institution shall prepare and submit to the ,administrator an application at such time1 in such form1 and containing such information as the ,administrator may require4 7#c7 ,national electronic clearinghouse center ,of the centers established under paragraph 7#a77;,a71 #a shall-- 7,a7 be designated as the national electronic clearinghouse center2 and 7,b7 in addition to the other functions of that center-- 7i7 develop1 operate1 and maintain an ,internet website and a public database that contains information relating to new and emerging1 but proven1 stormwater control infrastructure technologies2 and 7ii7 post to the website information from all centers4 7#d7 ,authorization of appropriations 7,a7 ,in general ,there is authorized to be appropriated to carry out this subsection #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7,b7 ,limitation on use of funds ,of the amounts made available for grants under subparagraph 7,a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 7c7 ,stormwater control infrastructure project grants 7#a7 ,grant authority ,subject to the availability of appropriations1 the ,administrator shall provide grants1 on a competitive basis1 to eligible entities to carry out stormwater control infrastructure projects that incorporate new and emerging1 but proven1 stormwater control technologies in accordance with this subsection4 7#b7 ,stormwater control infrastructure projects 7,a7 ,planning and development grants ,the ,administrator may make planning and development grants under this subsection for the following projects3 7i7 ,planning and designing stormwater control infrastructure projects that incorporate new and emerging1 but proven1 stormwater control technologies1 including engineering surveys1 landscape plans1 maps1 long-term operations and maintenance plans1 and implementation plans4 7ii7 ,identifying and developing standards necessary to accommodate stormwater control infrastructure projects1 including those projects that incorporate new and emerging1 but proven1 stormwater control technologies4 7iii7 ,identifying and developing fee structures to provide financial support for design1 installation1 and operations and maintenance of stormwater control infrastructure1 including new and emerging1 but proven1 stormwater control infrastructure technologies4 7iv7 ,developing approaches for community-based public-private partnerships for the financing and construction of stormwater control infrastructure technologies1 including feasibility studies1 stakeholder outreach1 and needs assessments4 7v7 ,developing and delivering training and educational materials regarding new and emerging1 but proven1 stormwater control infrastructure technologies for distribution to-- 7,i7 individuals and entities with applicable technical knowledge2 and 7,,ii7 the public4 7,b7 ,implementation grants ,the ,administrator may make implementation grants under this subsection for the following projects3 7i7 ,installing new and emerging1 but proven1 stormwater control infrastructure technologies4 7ii7 ,protecting or restoring interconnected networks of natural areas that protect water quality4 7iii7 ,monitoring and evaluating the environmental1 economic1 or social benefits of stormwater control infrastructure technologies that incorporate new and emerging1 but proven1 stormwater control technology4 7iv7 ,implementing a best practices standard for stormwater control infrastructure programs4 7#c7 ,application ,except as otherwise provided in this section1 to be eligible to receive a grant under this subsection1 an eligible entity shall prepare and submit to the ,administrator an application at such time1 in such form1 and containing such information as the ,administrator may require1 including1 as applicable-- 7,a7 a description of the stormwater control infrastructure project that incorporates new and emerging1 but proven1 technologies2 7,b7 a plan for monitoring the impacts and pollutant load reductions associated with the stormwater control infrastructure project on the water quality and quantity2 7,c7 an evaluation of other environmental1 economic1 and social benefits of the stormwater control infrastructure project2 and 7,d7 a plan for the long-term operation and maintenance of the stormwater control infrastructure project and a tracking system1 such as asset management practices4 7#d7 ,priority ,in making grants under this subsection1 the ,administrator shall give priority to applications submitted on behalf of-- 7,a7 a community that-- 7i7 has municipal combined storm and sanitary sewers in the collection system of the community2 or 7ii7 is a small1 rural1 or disadvantaged community1 as determined by the ,administrator2 or 7,b7 an eligible entity that will use not less than #ae percent of the grant to provide service to a small1 rural1 or disadvantaged community1 as determined by the ,administrator4 7#e7 ,maximum amounts 7,a7 ,planning and development grants 7i7 ,single grant ,the amount of a single planning and development grant provided under this subsection shall be not more than #bjj1jjj4 7ii7 ,aggregate amount ,the total amount of all planning and development grants provided under this subsection for a fiscal year shall be not more than #a_/c of the total amount made available to carry out this subsection4 7,b7 ,implementation grants 7i7 ,single grant ,the amount of a single implementation grant provided under this subsection shall be not more than #b1jjj1jjj4 7ii7 ,aggregate amount ,the total amount of all implementation grants provided under this subsection for a fiscal year shall be not more than #b_/c of the total amount made available to carry out this subsection4 7#f7 ,federal share 7,a7 ,in general ,except as provided in subparagraph 7,c71 the ,federal share of a grant provided under this subsection shall not exceed #hj percent of the total project cost4 7,b7 ,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 planning1 design1 and construction work completed for the project using funds other than funds provided under this section4 7,c7 ,exception ,the ,administrator may waive the ,federal share limitation under subparagraph 7,a7 for an eligible entity that has adequately demonstrated financial need4 7d7 ,report to ,congress ,not later than #b years after the date on which the ,administrator first awards a grant under this section1 the ,administrator shall submit to ,congress a report that includes1 with respect to the period covered by the report-- 7#a7 a description of all grants provided under this section2 7#b7 a detailed description of-- 7,a7 the projects supported by those grants2 and 7,b7 the outcomes of those projects2 7#c7 a description of the improvements in technology1 environmental benefits1 resources conserved1 efficiencies1 and other benefits of the projects funded under this section2 7#d7 recommendations for improvements to promote and support new and emerging1 but proven1 stormwater control infrastructure1 including research into new and emerging technologies1 for the centers1 grants1 and activities under this section2 and 7#e7 a description of existing challenges concerning the use of new and emerging1 but proven1 stormwater control infrastructure4 7e7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to carry out this section 7except for subsection 7b77 #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,limitation on use of funds ,of the amounts made available for grants under paragraph 7#a71 not more than #b percent may be used to pay the administrative costs of the ,administrator4 #ejbah4 ,water ,reuse ,interagency ,working ,group 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,administrator shall establish a ,water ,reuse ,interagency ,working ,group 7referred to in this section as the ,working ,group74 7b7 ,purpose ,the purpose of the ,working ,group is to develop and coordinate actions1 tools1 and resources to advance water reuse across the ,united ,states1 including through the implementation of the ,february #bjbj ,national ,water ,reuse ,action ,plan1 which creates opportunities for water reuse in the mission areas of each of the ,federal agencies included in the ,working ,group under subsection 7c7 7referred to in this section as the ,action ,plan74 7c7 ,chairperson2 membership ,the ,working ,group shall be-- 7#a7 chaired by the ,administrator2 and 7#b7 comprised of senior representatives from such ,federal agencies as the ,administrator determines to be appropriate4 7d7 ,duties of the ,working ,group ,in carrying out this section1 the ,working ,group shall-- 7#a7 with respect to water reuse1 leverage the expertise of industry1 the research community1 nongovernmental organizations1 and government2 7#b7 seek to foster water reuse as an important component of integrated water resources management2 7#c7 conduct an assessment of new opportunities to advance water reuse and annually update the ,action ,plan with new actions1 as necessary1 to pursue those opportunities2 7#d7 seek to coordinate ,federal programs and policies to support the adoption of water reuse2 7#e7 consider how each ,federal agency can explore and identify opportunities to support water reuse through the programs and activities of that ,federal agency2 and 7#f7 consult1 on a regular basis1 with representatives of relevant industries1 the research community1 and nongovernmental organizations4 7e7 ,report ,not less frequently than once every #b years1 the ,administrator shall submit to ,congress a report on the activities and findings of the ,working ,group4 7f7 ,sunset 7#a7 ,in general ,subject to paragraph 7#b71 the ,working ,group shall terminate on the date that is #f years after the date of enactment of this ,act4 7#b7 ,extension ,the ,administrator may extend the date of termination of the ,working ,group under paragraph 7#a74 #ejbai4 ,advanced clean water technologies study 7a7 ,in general ,subject to the availability of appropriations1 not later than #b years after the date of enactment of this ,act1 the ,administrator shall carry out a study that examines the state of existing and potential future technology1 including technology that could address cybersecurity vulnerabilities1 that enhances or could enhance the treatment1 monitoring1 affordability1 efficiency1 and safety of wastewater services provided by a treatment works 7as defined in section #bab of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abib774 7b7 ,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 7a74 #ejbbj4 ,clean watersheds needs survey ,title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq47 is amended by adding at the end the following3 #fji4 ,clean watersheds needs survey 7a7 ,requirement ,not later than #b years after the date of enactment of this section1 and not less frequently than once every #d years thereafter1 the ,administrator shall-- 7#a7 conduct and complete an assessment of capital improvement needs for all projects that are eligible under section #fjc7;c7 for assistance from ,state water pollution control revolving funds2 and 7#b7 submit to ,congress a report describing the results of the assessment completed under paragraph 7#a74 7b7 ,authorization of appropriations ,there is authorized to be appropriated to carry out the initial needs survey under subsection 7a7 #e1jjj1jjj1 to remain available until expended4 4 #ejbba4 ,water ,resources ,research ,act amendments 7a7 ,clarification of research activities ,section #ajd7;b77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;b77#a77 is amended-- 7#a7 in subparagraph 7,b77ii71 by striking water-related phenomena and inserting water resources2 and 7#b7 in subparagraph 7,d71 by striking the period at the end and inserting 2 and4 7b7 ,compliance report ,section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7 is amended by striking subsection 7c7 and inserting the following3 7c7 ,grants 7#a7 ,in general ,from the sums appropriated pursuant to subsection 7f71 the ,secretary shall make grants to each institute to be matched on a basis of no less than #a non-,federal dollar for every #a ,federal dollar4 7#b7 ,report ,not later than ,december #ca of each fiscal year1 the ,secretary shall submit to the ,committee on ,environment and ,public ,works of the ,senate1 the ,committee on the ,budget of the ,senate1 the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives1 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 year4 4 7c7 ,evaluation of water resources research program ,section #ajd of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,evaluation of water resources research program 7#a7 ,in general ,the ,secretary shall conduct a careful and detailed evaluation of each institute at least once every #e years to determine-- 7,a7 the quality and relevance of the water resources research of the institute2 7,b7 the effectiveness of the institute at producing measured results and applied water supply research2 and 7,c7 whether the effectiveness of the institute as an institution for planning1 conducting1 and arranging for research warrants continued support under this section4 7#b7 ,prohibition on further support ,if1 as a result of an evaluation under paragraph 7#a71 the ,secretary determines that an institute does not qualify for further support under this section1 no further grants to the institute may be provided until the qualifications of the institute are reestablished to the satisfaction of the ,secretary4 4 7d7 ,authorization of appropriations ,section #ajd7;f77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;f77#a77 is amended by striking fiscal years #bjjg through #bjaa and inserting fiscal years #bjbb through #bjbe4 7e7 ,additional appropriations where research focused on water problems of interstate nature ,section #ajd7;g77#a7 of the ,water ,resources ,research ,act of #aihd 7#db ,u4,s4,c4 #ajcjc7;g77#a77 is amended in the first sentence by striking #f1jjj1jjj for each of fiscal years #bjjg through #bjaa and inserting #c1jjj1jjj for each of fiscal years #bjbb through #bjbe4 #ejbbb4 ,enhanced aquifer use and recharge ,title ,i of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq47 is amended by adding at the end the following3 #abd4 ,enhanced aquifer use and recharge 7a7 ,in general ,subject to the availability of appropriations1 the ,administrator shall provide funding to carry out groundwater research on enhanced aquifer use and recharge in support of sole-source aquifers1 of which-- 7#a7 not less than #ej percent shall be used to provide #a grant to a ,state1 unit of local government1 or ,indian ,tribe to carry out activities that would directly support that research2 and 7#b7 the remainder shall be provided to #a appropriate research center4 7b7 ,coordination ,as a condition of accepting funds under subsection 7a71 the ,state1 unit of local government1 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 section4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section #e1jjj1jjj for each of fiscal years #bjbb through #bjbf4 4 ,f ,broadband ,i ,broadband grants for ,states1 ,district of ,columbia1 ,puerto ,rico1 and territories #fjaja4 ,findings ,congress finds the following3 7#a7 ,access to affordable1 reliable1 high-speed broadband is essential to full participation in modern life in the ,united ,states4 7#b7 ,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 services1 including health care and education4 7#c7 ,the digital divide disproportionately affects communities of color1 lower-income areas1 and rural areas1 and the benefits of broadband should be broadly enjoyed by all4 7#d7 ,in many communities across the country1 increased competition among broadband providers has the potential to offer consumers more affordable1 high-quality options for broadband service4 7#e7 ,the #bjai novel coronavirus pandemic has underscored the critical importance of affordable1 high-speed broadband for individuals1 families1 and communities to be able to work1 learn1 and connect remotely while supporting social distancing4 #fjajb4 ,grants for broadband deployment 7a7 ,definitions 7#a7 ,areas1 locations1 and institutions lacking broadband access ,in this section3 7,a7 ,unserved location ,the term unserved location means a broadband-serviceable location1 as determined in accordance with the broadband ,,data maps1 that-- 7i7 has no access to broadband service2 or 7ii7 lacks access to reliable broadband service offered with-- 7,i7 a speed of not less than-- 7aa7 #be megabits per second for downloads2 and 7bb7 #c megabits per second for uploads2 and 7,,ii7 a latency sufficient to support real-time1 interactive applications4 7,b7 ,unserved service project ,the term unserved service project means a project in which not less than #hj percent of broadband-serviceable locations served by the project are unserved locations4 7,c7 ,underserved location ,the term underserved location means a location-- 7i7 that is not an unserved location2 and 7ii7 as determined in accordance with the broadband ,,data maps1 lacks access to reliable broadband service offered with-- 7,i7 a speed of not less than-- 7aa7 #ajj megabits per second for downloads2 and 7bb7 #bj megabits per second for uploads2 and 7,,ii7 a latency sufficient to support real-time1 interactive applications4 7,d7 ,underserved service project ,the term underserved service project means a project in which not less than #hj percent of broadband-serviceable locations served by the project are unserved locations or underserved locations4 7,e7 ,eligible community anchor institution ,the term eligible community anchor institution means a community anchor institution that lacks access to gigabit-level broadband service4 7#b7 ,other definitions ,in this section3 7,a7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7,b7 ,broadband2 broadband service ,the term broadband or broadband service has the meaning given the term broadband internet access service in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation4 7,c7 ,broadband ,,data maps ,the term broadband ,,data maps means the maps created under section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a774 7,d7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7,e7 ,community anchor institution ,the term community anchor institution means an entity such as a school1 library1 health clinic1 health center1 hospital or other medical provider1 public safety entity1 institution of higher education1 public housing organization1 or community support organization that facilitates greater use of broadband service by vulnerable populations1 including low-income individuals1 unemployed individuals1 and aged individuals4 7,f7 ,eligible entity ,the term eligible entity means a ,state4 7,g7 ,high-cost area 7i7 ,in general ,the term high-cost area means an unserved area in which the cost of building out broadband service is higher1 as compared with the average cost of building out broadband service in unserved areas in the ,united ,states 7as determined by the ,assistant ,secretary1 in consultation with the ,commission71 incorporating factors that include-- 7,i7 the remote location of the area2 7,,ii7 the lack of population density of the area2 7,,iii7 the unique topography of the area2 7,,iv7 a high rate of poverty in the area2 or 7,v7 any other factor identified by the ,assistant ,secretary1 in consultation with the ,commission1 that contributes to the higher cost of deploying broadband service in the area4 7ii7 ,unserved area ,for purposes of clause 7i71 the term unserved area means an area in which not less than #hj percent of broadband-serviceable locations are unserved locations4 7,h7 ,location2 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 effect1 as of the date of enactment of this ,act4 7,i7 ,priority broadband project ,the term priority broadband project means a project designed to-- 7i7 provide broadband service that meets speed1 latency1 reliability1 consistency in quality of service1 and related criteria as the ,assistant ,secretary shall determine2 and 7ii7 ensure that the network built by the project can easily scale speeds over time to-- 7,i7 meet the evolving connectivity needs of households and businesses2 and 7,,ii7 support the deployment of #e;,g1 successor wireless technologies1 and other advanced services4 7,j7 ,program ,the term ,program means the ,broadband ,equity1 ,access1 and ,deployment ,program established under subsection 7b77#a74 7,k7 ,project ,the term project means an undertaking by a subgrantee under this section to construct and deploy infrastructure for the provision of broadband service4 7,l7 ,reliable broadband service ,the term reliable broadband service means broadband service that meets performance criteria for service availability1 adaptability to changing end-user requirements1 length of serviceable life1 or other criteria1 other than upload and download speeds1 as determined by the ,assistant ,secretary in coordination with the ,commission4 7,m7 ,state ,the term ,state has the meaning given the term in section #aeh of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #idb71 except that that definition shall be applied by striking 1 and any other territory or possession of the ,united ,states4 7,n7 ,subgrantee ,the term subgrantee means an entity that receives grant funds from an eligible entity to carry out activities under subsection 7f74 7b7 ,broadband ,equity1 ,access1 and ,deployment ,program 7#a7 ,establishment ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall establish a grant program1 to be known as the ,broadband ,equity1 ,access1 and ,deployment ,program1 under which the ,assistant ,secretary makes grants to eligible entities1 in accordance with this section1 to bridge the digital divide4 7#b7 ,authorization of appropriations ,there is authorized to be appropriated to the ,assistant ,secretary to carry out the ,program #db1dej1jjj1jjj4 7#c7 ,obligation timeline ,the ,assistant ,secretary shall obligate all amounts appropriated pursuant to paragraph 7#b7 in an expedient manner after the ,assistant ,secretary issues the notice of funding opportunity under subsection 7e77#a74 7#d7 ,technical support and assistance 7,a7 ,program assistance ,as part of the ,program1 the ,assistant ,secretary1 in consultation with the ,commission1 shall provide technical support and assistance to eligible entities to facilitate their participation in the ,program1 including by assisting eligible entities with-- 7i7 the development of grant applications under the ,program2 7ii7 the development of plans and procedures for distribution of funds under the ,program2 and 7iii7 other technical support as determined by the ,assistant ,secretary4 7,b7 ,general assistance ,the ,assistant ,secretary shall provide technical and other assistance to eligible entities-- 7i7 to support the expansion of broadband1 with priority for-- 7,i7 expansion in rural areas2 and 7,,ii7 eligible entities that consistently rank below most other eligible entities with respect to broadband access and deployment2 and 7ii7 regarding cybersecurity resources and programs available through ,federal agencies1 including the ,election ,assistance ,commission1 the ,cybersecurity and ,infrastructure ,security ,agency1 the ,federal ,trade ,commission1 and the ,national ,institute of ,standards and ,technology4 7c7 ,allocation 7#a7 ,allocation for high-cost areas 7,a7 ,in general ,on or after the date on which the broadband ,,data maps are made public1 the ,assistant ,secretary shall allocate to eligible entities1 in accordance with subparagraph 7,b7 of this paragraph1 #aj percent of the amount appropriated pursuant to subsection 7b77#b74 7,b7 ,formula ,the ,assistant ,secretary shall calculate the amount allocated to an eligible entity under subparagraph 7,a7 by-- 7i7 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 ,states2 and 7ii7 multiplying the quotient obtained under clause 7i7 by the amount made available under subparagraph 7,a74 7#b7 ,minimum initial allocation ,of the amount appropriated pursuant to subsection 7b77#b7-- 7,a7 except as provided in subparagraph 7,b7 of this paragraph1 #ajj1jjj1jjj shall be allocated to each ,state2 and 7,b7 #ajj1jjj1jjj shall be allocated to1 and divided equally among1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#c7 ,allocation of remaining amounts 7,a7 ,in general ,on or after the date on which the broadband ,,data maps are made public1 of the amount appropriated pursuant to subsection 7b77#b71 the ,assistant ,secretary shall allocate to eligible entities1 in accordance with subparagraph 7,b7 of this paragraph1 the amount remaining after compliance with paragraphs 7#a7 and 7#b7 of this subsection4 7,b7 ,allocation ,the amount allocated to an eligible entity under subparagraph 7,b7 shall be calculated by-- 7i7 dividing the number of unserved locations in the eligible entity by the total number of unserved locations in the ,united ,states2 and 7ii7 multiplying the quotient obtained under clause 7i7 by the amount made available under subparagraph 7,a74 7#d7 ,availability conditioned on approval of applications ,the availability of amounts allocated under paragraph 7#a71 7#b71 or 7#c7 to an eligible entity shall be subject to approval by the ,assistant ,secretary of the letter of intent1 initial proposal1 or final proposal of the eligible entity1 as applicable1 under subsection 7e74 7#e7 ,contingency procedures 7,a7 ,definition ,in this paragraph1 the term covered application means a letter of intent1 initial proposal1 or final proposal under this section4 7,b7 ,political subdivisions and consortia 7i7 ,application failures ,the ,assistant ,secretary1 in carrying out the ,program1 shall provide that if an eligible entity fails to submit a covered application by the applicable deadline1 or a covered application submitted by an eligible entity is not approved by the applicable deadline1 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 entity4 7ii7 ,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 7i7 that is approved by the ,assistant ,secretary-- 7,i7 except as provided in subclause 7,,ii7 of this clause1 any reference in this section to an eligible entity shall be deemed to refer to the political subdivision or consortium2 and 7,,ii7 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 application4 7,c7 ,reallocation to other eligible entities 7i7 ,application failures ,the ,assistant ,secretary1 in carrying out the ,program1 shall provide that if an eligible entity fails to submit a covered application by the applicable deadline1 or a covered application submitted by an eligible entity is not approved by the applicable deadline1 as provided in subparagraph 7,a771 and no political subdivision or consortium of political subdivisions of the eligible entity submits a covered application by the applicable deadline1 or no covered application submitted by such a political subdivision or consortium is approved by the applicable deadline1 as provided in subparagraph 7,b71 the ,assistant ,secretary-- 7,i7 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 deadline2 and 7,,ii7 shall reallocate the amounts described in subclause 7,i7 of this clause in accordance with the formula under paragraph 7#c74 7ii7 ,failure to use full allocation ,the ,assistant ,secretary1 in carrying out the ,program1 shall provide that if an eligible entity fails to use the full amount allocated to the eligible entity under this subsection by the applicable deadline1 the ,assistant ,secretary-- 7,i7 shall reallocate the unused amounts to other eligible entities with approved final proposals2 and 7,,ii7 shall reallocate the amounts described in subclause 7,i7 in accordance with the formula under paragraph 7#c74 7d7 ,administrative expenses 7#a7 ,assistant ,secretary ,the ,assistant ,secretary may use not more than #b percent of amounts appropriated pursuant to subsection 7b7 for administrative purposes4 7#b7 ,eligible entities 7,a7 ,pre-deployment planning ,an eligible entity may use not more than #e percent of the amount allocated to the eligible entity under subsection 7c77#b7 for the planning and pre-deployment activities under subsection 7e77#a77;,c74 7,b7 ,administration ,an eligible entity may use not more than #b percent of the grant amounts made available to the eligible entity under subsection 7e7 for expenses relating 7directly or indirectly7 to administration of the grant4 7e7 ,implementation 7#a7 ,initial program deployment and planning 7,a7 ,notice of funding opportunity2 process ,not later than #ahj days after the date of enactment of this ,act1 the ,assistant ,secretary shall-- 7i7 issue a notice of funding opportunity for the ,program that-- 7,i7 notifies eligible entities of-- 7aa7 the establishment of the ,program2 and 7bb7 the amount of the minimum initial allocation to each eligible entity under subsection 7c77#b72 7,,ii7 invites eligible entities to submit letters of intent under subparagraph 7,b7 in order to-- 7aa7 participate in the ,program2 and 7bb7 receive funding for planning and pre-deployment activities under subparagraph 7,c72 7,,iii7 contains details about the ,program1 including an outline of the requirements for-- 7aa7 applications for grants under the ,program1 which shall consist of letters of intent1 initial proposals1 and final proposals2 and 7bb7 allowed uses of grant amounts awarded under this section1 as provided in subsection 7f72 and 7,,iv7 includes any other information determined relevant by the ,assistant ,secretary2 7ii7 establish a process1 in accordance with subparagraph 7,c71 through which to provide funding to eligible entities for planning and pre-deployment activities2 7iii7 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 7c72 7iv7 publish a template-- 7,i7 initial proposal that complies with paragraph 7#c77;,a72 and 7,,ii7 final proposal that complies with paragraph 7#d77;,a72 and 7v7 in consultation with the ,commission1 establish standards for how an eligible entity shall assess the capabilities and capacities of a prospective subgrantee under subsection 7g77#b77;,a74 7,b7 ,letter of intent 7i7 ,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 subparagraph4 7ii7 ,form and contents ,the ,assistant ,secretary may establish the form and contents required for a letter of intent under this subparagraph1 which contents may include-- 7,i7 details of-- 7aa7 the existing broadband program or office of the eligible entity1 including-- 7,,aa7 activities that the program or office currently conducts2 7,,bb7 the number of rounds of broadband deployment grants that the eligible entity has awarded1 if applicable2 7,,cc7 whether the eligible entity has an eligible entity-wide plan and goal for availability of broadband1 and any relevant deadlines1 as applicable2 and 7,,dd7 the amount of funding that the eligible entity has available for broadband deployment or other broadband-related activities1 including data collection and local planning1 and the sources of that funding1 including whether the funds are from the eligible entity or from the ,federal ,government under the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b72 7bb7 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 employees2 7cc7 relevant contracted support2 and 7dd7 the goals of the eligible entity for the use of amounts received under the ,program1 the process that the eligible entity will use to distribute those amounts to subgrantees1 the timeline for awarding subgrants1 and oversight and reporting requirements that the eligible entity will impose on subgrantees2 7,,ii7 the identification of known barriers or challenges to developing and administering a program to administer grants received under the ,program1 if applicable2 7,,iii7 the identification of the additional capacity needed by the eligible entity to implement the requirements under this section1 such as-- 7aa7 enhancing the capacity of the broadband program or office of the eligible entity by receiving technical assistance from ,federal entities or other partners1 hiring additional employees1 or obtaining support from contracted entities2 or 7bb7 acquiring additional programmatic information or data1 such as through surveys or asset inventories2 7,,iv7 an explanation of how the needs described in subclause 7,,iii7 were identified and how funds may be used to address those needs1 including target areas2 7,v7 details of any relevant partners1 such as organizations that may inform broadband deployment and adoption planning2 and 7,,vi7 any other information determined relevant by the ,assistant ,secretary4 7,c7 ,planning funds 7i7 ,in general ,the ,assistant ,secretary shall establish a process through which an eligible entity1 in submitting a letter of intent under subparagraph 7,b71 may request access to not more than #e percent of the amount allocated to the eligible entity under subsection 7c77#b7 for use consistent with this subparagraph4 7ii7 ,funding availability ,if the ,assistant ,secretary approves a request from an eligible entity under clause 7i71 the ,assistant ,secretary shall make available to the eligible entity an amount1 as determined appropriate by the ,assistant ,secretary1 that is not more than #e percent of the amount allocated to the eligible entity under subsection 7c77#b74 7iii7 ,eligible use ,the ,assistant ,secretary shall determine the allowable uses of amounts made available under clause 7ii71 which may include-- 7,i7 research and data collection1 including initial identification of unserved locations and underserved locations2 7,,ii7 the development of a preliminary budget for pre-planning activities2 7,,iii7 publications1 outreach1 and communications support2 7,,iv7 providing technical assistance1 including through workshops and events2 7,v7 training for employees of the broadband program or office of the eligible entity or employees of political subdivisions of the eligible entity1 and related staffing capacity or consulting or contracted support2 and 7,,vi7 with respect to an office that oversees broadband programs and broadband deployment in an eligible entity1 establishing1 operating1 or increasing the capacity of such a broadband office4 7,d7 ,action plan 7i7 ,in general ,an eligible entity that receives funding from the ,assistant ,secretary under subparagraph 7,c7 shall submit to the ,assistant ,secretary a #e-year action plan1 which shall-- 7,i7 be informed by collaboration with local and regional entities2 and 7,,ii7 detail-- 7aa7 investment priorities and associated costs2 7bb7 alignment of planned spending with economic development1 telehealth1 and related connectivity efforts4 7ii7 ,requirements of action plans ,the ,assistant ,secretary shall establish requirements for the #e-year action plan submitted by an eligible entity under clause 7i71 which may include requirements to-- 7,i7 address local and regional needs in the eligible entity with respect to broadband service2 7,,ii7 propose solutions for the deployment of affordable broadband service in the eligible entity2 7,,iii7 include localized data with respect to the deployment of broadband service in the eligible entity1 including by identifying locations that should be prioritized for ,federal support with respect to that deployment2 7,,iv7 ascertain how best to serve unserved locations in the eligible entity1 whether through the establishment of cooperatives or public-private partnerships2 7,v7 identify the technical assistance that would be necessary to carry out the plan2 and 7,,vi7 assess the amount of time it would take to build out universal broadband service in the eligible entity4 7#b7 ,notice of available amounts2 invitation to submit initial and final proposals ,on or after the date on which the broadband ,,data maps are made public1 the ,assistant ,secretary1 in coordination with the ,commission1 shall issue a notice to each eligible entity that-- 7,a7 contains the estimated amount available to the eligible entity under subsection 7c72 and 7,b7 invites the eligible entity to submit an initial proposal and final proposal for a grant under this section1 in accordance with paragraphs 7#c7 and 7#d7 of this subsection4 7#c7 ,initial proposal 7,a7 ,submission 7i7 ,in general ,after the ,assistant ,secretary issues the notice under paragraph 7#b71 an eligible entity that wishes to receive a grant under this section shall submit an initial proposal for a grant1 using the online application form developed by the ,assistant ,secretary under paragraph 7#a77;,a77iii71 that-- 7,i7 outlines long-term objectives for deploying broadband1 closing the digital divide1 and enhancing economic growth and job creation1 including-- 7aa7 information developed by the eligible entity as part of the action plan submitted under paragraph 7#a77;,d71 if applicable2 and 7bb7 information from any comparable strategic plan otherwise developed by the eligible entity1 if applicable2 7,,ii7 7aa7 identifies1 and outlines steps to support1 local and regional broadband planning processes or ongoing efforts to deploy broadband or close the digital divide2 and 7bb7 describes coordination with local governments1 along with local and regional broadband planning processes2 7,,iii7 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 divide2 7,,iv7 includes a plan to competitively award subgrants to ensure timely deployment of broadband2 7,v7 identifies-- 7aa7 each unserved location or underserved location under the jurisdiction of the eligible entity2 and 7bb7 each community anchor institution under the jurisdiction of the eligible entity that is an eligible community anchor institution2 and 7,,vi7 certifies the intent of the eligible entity to comply with all applicable requirements under this section1 including the reporting requirements under subsection 7j77#a74 7ii7 ,local coordination 7,i7 ,in general ,the ,assistant ,secretary shall establish local coordination requirements for eligible entities to follow1 to the greatest extent practicable4 7,,ii7 ,requirements ,the local coordination requirements established under subclause 7,i7 shall include1 at minimum1 an opportunity for political subdivisions of an eligible entity to-- 7aa7 submit plans for consideration by the eligible entity2 and 7bb7 comment on the initial proposal of the eligible entity before the initial proposal is submitted to the ,assistant ,secretary4 7,b7 ,single initial proposal ,an eligible entity may submit only #a initial proposal under this paragraph4 7,c7 ,corrections to initial proposal ,the ,assistant ,secretary may accept corrections to the initial proposal of an eligible entity after the initial proposal has been submitted4 7,d7 ,consideration of initial proposal ,after receipt of an initial proposal for a grant under this paragraph1 the ,assistant ,secretary-- 7i7 shall acknowledge receipt2 7ii7 if the initial proposal is complete-- 7,i7 shall determine whether the use of funds proposed in the initial proposal-- 7aa7 complies with subsection 7f72 7bb7 is in the public interest2 and 7cc7 effectuates the purposes of this ,act2 7,,ii7 shall approve or disapprove the initial proposal based on the determinations under subclause 7,i72 and 7,,iii7 if the ,assistant ,secretary approves the initial proposal under clause 7ii77,,ii71 shall make available to the eligible entity-- 7aa7 #bj percent of the grant funds that were allocated to the eligible entity under subsection 7c72 or 7bb7 a higher percentage of the grant funds that were allocated to the eligible entity under subsection 7c71 at the discretion of the ,assistant ,secretary2 and 7iii7 if the initial proposal is incomplete1 or is disapproved under clause 7ii77,,ii71 shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal4 7,e7 ,consideration of resubmitted initial proposal ,after receipt of a resubmitted initial proposal for a grant under this paragraph1 the ,assistant ,secretary-- 7i7 shall acknowledge receipt2 7ii7 if the initial proposal is complete-- 7,i7 shall determine whether the use of funds proposed in the initial proposal-- 7aa7 complies with subsection 7f72 7bb7 is in the public interest2 and 7cc7 effectuates the purposes of this ,act2 7,,ii7 shall approve or disapprove the initial proposal based on the determinations under subclause 7,i72 and 7,,iii7 if the ,assistant ,secretary approves the initial proposal under clause 7ii77,,ii71 shall make available to the eligible entity-- 7aa7 #bj percent of the grant funds that were allocated to the eligible entity under subsection 7c72 or 7bb7 a higher percentage of the grant funds that were allocated to the eligible entity under subsection 7c71 at the discretion of the ,assistant ,secretary2 and 7iii7 if the initial proposal is incomplete1 or is disapproved under clause 7ii77,,ii71 shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the initial proposal4 7#d7 ,final proposal 7,a7 ,submission 7i7 ,in general ,after the ,assistant ,secretary approvals the initial proposal of an eligible entity under paragraph 7#c71 the eligible entity may submit a final proposal for the remainder of the amount allocated to the eligible entity under subsection 7c71 using the online application form developed by the ,assistant ,secretary under paragraph 7#a77;,a77iii71 that includes-- 7,i7 a detailed plan that specifies how the eligible entity will-- 7aa7 allocate grant funds for the deployment of broadband networks to unserved locations and underserved locations1 in accordance with subsection 7h77#a77;,a77i72 and 7bb7 align the grant funds allocated to the eligible entity under subsection 7c71 where practicable1 with the use of other funds that the eligible entity receives from the ,federal ,government1 a ,state1 or a private entity for related purposes2 7,,ii7 a timeline for implementation2 7,,iii7 processes for oversight and accountability to ensure the proper use of the grant funds allocated to the eligible entity under subsection 7c72 and 7,,iv7 a description of coordination with local governments1 along with local and regional broadband planning processes4 7ii7 ,local coordination 7,i7 ,in general ,the ,assistant ,secretary shall establish local coordination requirements for eligible entities to follow1 to the greatest extent practicable4 7,,ii7 ,requirements ,the local coordination requirements established under subclause 7,i7 shall include1 at minimum1 an opportunity for political subdivisions of an eligible entity to-- 7aa7 submit plans for consideration by the eligible entity2 and 7bb7 comment on the final proposal of the eligible entity before the final proposal is submitted to the ,assistant ,secretary4 7iii7 ,federal coordination ,to ensure efficient and effective use of taxpayer funds1 an eligible entity shall1 to the greatest extent practicable1 align the use of grant funds proposed in the final proposal under clause 7i7 with funds available from other ,federal programs that support broadband deployment and access4 7,b7 ,single final proposal ,an eligible entity may submit only #a final proposal under this paragraph4 7,c7 ,corrections to final proposal ,the ,assistant ,secretary may accept corrections to the final proposal of an eligible entity after the final proposal has been submitted4 7,d7 ,consideration of final proposal ,after receipt of a final proposal for a grant under this paragraph1 the ,assistant ,secretary-- 7i7 shall acknowledge receipt2 7ii7 if the final proposal is complete-- 7,i7 shall determine whether the use of funds proposed in the final proposal-- 7aa7 complies with subsection 7f72 7bb7 is in the public interest2 and 7cc7 effectuates the purposes of this ,act2 7,,ii7 shall approve or disapprove the final proposal based on the determinations under subclause 7,i72 and 7,,iii7 if the ,assistant ,secretary approves the final proposal under clause 7ii77,,ii71 shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection 7c72 and 7iii7 if the final proposal is incomplete1 or is disapproved under clause 7ii77,,ii71 shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal4 7,e7 ,consideration of resubmitted final proposal ,after receipt of a resubmitted final proposal for a grant under this paragraph1 the ,assistant ,secretary-- 7i7 shall acknowledge receipt2 7ii7 if the final proposal is complete-- 7,i7 shall determine whether the use of funds proposed in the final proposal-- 7aa7 complies with subsection 7f72 7bb7 is in the public interest2 and 7cc7 effectuates the purposes of this ,act2 7,,ii7 shall approve or disapprove the final proposal based on the determinations under subclause 7,i72 and 7,,iii7 if the ,assistant ,secretary approves the final proposal under clause 7ii77,,ii71 shall make available to the eligible entity the remainder of the grant funds allocated to the eligible entity under subsection 7c72 and 7iii7 if the final proposal is incomplete1 or is disapproved under clause 7ii77,,ii71 shall notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal4 7f7 ,use of funds ,an eligible entity may use grant funds received under this section to competitively award subgrants for-- 7#a7 unserved service projects and underserved service projects2 7#b7 connecting eligible community anchor institutions2 7#c7 data collection1 broadband mapping1 and planning2 7#d7 installing internet and ,wi-,fi infrastructure or providing reduced-cost broadband within a multi-family residential building1 with priority given to a residential building that-- 7,a7 has a substantial share of unserved households2 or 7,b7 is in a location in which the percentage of individuals with a household income that is at or below #aej percent of the poverty line applicable to a family of the size involved 7as determined under section #fgc7b7 of the ,community ,services ,block ,grant ,act 7#db ,u4,s4,c4 #iijb7b77 is higher than the national percentage of such individuals2 7#e7 broadband adoption1 including programs to provide affordable internet-capable devices2 and 7#f7 any use determined necessary by the ,assistant ,secretary to facilitate the goals of the ,program4 7g7 ,general ,program requirements 7#a7 ,subgrantee obligations ,a subgrantee1 in carrying out activities using amounts received from an eligible entity under this section-- 7,a7 shall adhere to quality-of-service standards1 as established by the ,assistant ,secretary2 7,b7 shall comply with prudent cybersecurity and supply chain risk management practices1 as specified by the ,assistant ,secretary1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,commission2 7,c7 shall incorporate best practices1 as defined by the ,assistant ,secretary1 for ensuring reliability and resilience of broadband infrastructure2 and 7,d7 may not use the amounts to purchase or support-- 7i7 any covered communications equipment or service1 as defined in section #i of the ,secure and ,trusted ,communications ,networks ,act of #bjai 7#dg ,u4,s4,c4 #afjh72 or 7ii7 fiber optic cable and optical transmission equipment manufactured in the ,people's ,republic of ,china1 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 project4 7#b7 ,eligible entity obligations ,in distributing funds to subgrantees under this section1 an eligible entity shall-- 7,a7 ensure that any prospective subgrantee-- 7i7 is capable of carrying out activities funded by the subgrant in a competent manner in compliance with all applicable ,federal1 ,state1 and local laws2 7ii7 has the financial and managerial capacity to meet-- 7,i7 the commitments of the subgrantee under the subgrant2 7,,ii7 the requirements of the ,program2 and 7,,iii7 such requirements as may be further prescribed by the ,assistant ,secretary2 and 7iii7 has the technical and operational capability to provide the services promised in the subgrant in the manner contemplated by the subgrant award2 7,b7 stipulate1 in any contract with a subgrantee for the use of such funds1 reasonable provisions for recovery of funds for nonperformance2 and 7,c7 7i7 distribute the funds in an equitable and non-discriminatory manner2 and 7ii7 ensure1 through a stipulation in any contract with a subgrantee for the use of such funds1 that each subgrantee uses the funds in an equitable and nondiscriminatory manner4 7#c7 ,deobligation of awards2 internet disclosure ,the ,assistant ,secretary-- 7,a7 shall establish1 in coordination with relevant ,federal and ,state partners1 appropriate mechanisms to ensure appropriate use of funds made available under this section2 7,b7 may1 in addition to other authority under applicable law-- 7i7 deobligate grant funds awarded to an eligible entity that-- 7,i7 violates paragraph 7#b72 or 7,,ii7 demonstrates an insufficient level of performance1 or wasteful or fraudulent spending1 as defined in advance by the ,assistant ,secretary2 and 7ii7 award grant funds that are deobligated under clause 7i7 to new or existing applicants consistent with this section2 and 7,c7 shall create and maintain a fully searchable database1 accessible on the internet at no cost to the public1 that contains information sufficient to allow the public to understand and monitor grants and subgrants awarded under the ,program4 7h7 ,broadband network deployment 7#a7 ,order of awards2 priority 7,a7 ,in general ,an eligible entity1 in awarding subgrants for the deployment of a broadband network using grant funds received under this section1 as authorized under subsection 7f77#a7-- 7i7 shall award funding in a manner that-- 7,i7 prioritizes unserved service projects2 7,,ii7 after certifying to the ,assistant ,secretary that the eligible entity will ensure coverage of broadband service to all unserved locations within the eligible entity1 prioritizes underserved service projects2 and 7,,iii7 after prioritizing underserved service projects1 provides funding to connect eligible community anchor institutions2 7ii7 in providing funding under subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7i71 shall prioritize funding for deployment of broadband infrastructure for priority broadband projects2 7iii7 may not exclude cooperatives1 nonprofit organizations1 public-private partnerships1 private companies1 public or private utilities1 public utility districts1 or local governments from eligibility for such grant funds2 and 7iv7 shall give priority to projects based on-- 7,i7 deployment of a broadband network to persistent poverty counties or high-poverty areas2 7,,ii7 the speeds of the proposed broadband service2 7,,iii7 the expediency with which a project can be completed2 and 7,,iv7 a demonstrated record of and plans to be in compliance with ,federal labor and employment laws4 7,b7 ,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 section4 7#b7 ,challenge process 7,a7 ,in general ,after submitting an initial proposal under subsection 7e77#c7 and before allocating grant funds received under this section for the deployment of broadband networks1 an eligible entity shall ensure a transparent1 evidence-based1 and expeditious challenge process under which a unit of local government1 nonprofit organization1 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 funds1 including whether a particular location is unserved or underserved4 7,b7 ,final identification2 notification of funding eligibility ,after resolving each challenge under subparagraph 7,a71 and not later than #fj days before allocating grant funds received under this section for the deployment of broadband networks1 an eligible entity shall provide public notice of the final classification of each unserved location1 underserved location1 or eligible community anchor institution within the jurisdiction of the eligible entity4 7,c7 ,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 7e77#c7 that is necessitated by a successful challenge under subparagraph 7,a7 of this paragraph4 7,d7 ,,ntia authority ,the ,assistant ,secretary-- 7i7 may modify the challenge process required under subparagraph 7,a7 as necessary2 and 7ii7 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 section4 7,e7 ,expediting broadband data collection activities 7i7 ,deadline for resolution of challenge process under ,broadband ,,data ,act ,section #hjb7;b77#e77;,c77i7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;b77#e77;,c77i77 is amended by striking challenges and inserting the following3 challenges1 which shall require that the ,commission resolve a challenge not later than #ij 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 7,a7 is complete4 7ii7 ,paperwork ,reduction ,act exemption expansion ,section #hjf7;b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdf7;b77 is amended by striking the initial rule making required under section #hjb7;a77#a7 and inserting any rule making or other action by the ,commission required under this title4 7iii7 ,implementation ,the ,commission shall implement the amendments made by this subparagraph as soon as possible after the date of enactment of this ,act4 7#c7 ,non-,federal share of broadband infrastructure deployment costs 7,a7 ,in general 7i7 ,matching requirement ,in allocating grant funds received under this section for deployment of broadband networks1 an eligible entity shall provide1 or require a subgrantee to provide1 a contribution1 derived from non-,federal funds 7or funds from a ,federal regional commission or authority71 except in high-cost areas or as otherwise provided by this ,act1 of not less than #be percent of project costs4 7ii7 ,waiver ,upon request by an eligible entity or a subgrantee1 the ,assistant ,secretary may reduce or waive the required matching contribution under clause 7i74 7,b7 ,source of match ,a matching contribution under subparagraph 7,a7-- 7i7 may be provided by an eligible entity1 a unit of local government1 a utility company1 a cooperative1 a nonprofit organization1 a for-profit company1 regional planning or governmental organization1 a ,federal regional commission or authority1 or any combination thereof2 7ii7 may include in-kind contributions2 and 7iii7 may include funds that were provided to an eligible entity or a subgrantee-- 7,i7 under-- 7aa7 the ,families ,first ,coronavirus ,response ,act 7,public ,law #aaf-abg2 #acd ,stat4 #agh72 7bb7 the ,,cares ,act 7,public ,law #aaf-acf2 #acd ,stat4 #bha72 7cc7 the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj2 #acd ,stat4 #aahb72 7dd7 the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b2 #ace ,stat4 #d72 or 7ee7 any amendment made by an ,act described in any of items 7aa7 through 7dd72 and 7,,ii7 for the purpose of deployment of broadband service1 as described in the applicable provision of law described in subclause 7,i74 7,c7 ,definition ,for purposes of this paragraph1 the term ,federal regional commission or authority means-- 7i7 the ,appalachian ,regional ,commission2 7ii7 the ,delta ,regional ,authority2 7iii7 the ,denali ,commission2 and 7iv7 the ,northern ,border ,regional ,commission4 7#d7 ,deployment and provision of service requirements ,an entity that receives a subgrant under subsection 7f77#a7 for the deployment of a broadband network-- 7,a7 in providing broadband service using the network-- 7i7 shall provide broadband service-- 7,i7 at a speed of not less than #ajj megabits per second for downloads and #bj megabits per second for uploads2 7,,ii7 with a latency that is sufficiently low to allow reasonably foreseeable1 real-time1 interactive applications2 and 7,,iii7 with network outages that do not exceed1 on average1 #dh hours over any #cfe-;day period2 and 7ii7 shall provide access to broadband service to each customer served by the project that desires broadband service2 7,b7 shall offer not less than #a low-cost broadband service option for eligible subscribers1 as those terms are defined in paragraph 7#e7 of this subsection2 7,c7 shall deploy the broadband network and begin providing broadband service to each customer that desires broadband service not later than #d years after the date on which the entity receives the subgrant1 except that an eligible entity may extend the deadline under this subparagraph if-- 7i7 the eligible entity has a plan for use of the grant funds2 7ii7 the construction project is underway2 or 7iii7 extenuating circumstances require an extension of time to allow the project to be completed2 7,d7 for any project that involves laying fiber optic cables or conduit underground or along a roadway1 shall include interspersed conduit access points at regular and short intervals2 7,e7 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 location1 underserved location1 or eligible community anchor institution2 7,f7 once the network has been deployed1 shall provide public notice1 online and through other means1 of that fact to the locations and areas to which broadband service has been provided and share the public notice with the eligible entity that awarded the subgrant2 7,g7 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 consumers2 and 7,h7 if the entity is no longer able to provide broadband service to the locations covered by the subgrant at any time1 shall sell the network capacity at a reasonable1 wholesale rate on a nondiscriminatory basis to other broadband service providers or public sector entities4 7#e7 ,low-cost broadband service option 7,a7 ,definitions ,in this paragraph-- 7i7 the term eligible subscriber shall have the meaning given the term by the ,assistant ,secretary for purposes of this paragraph2 and 7ii7 the term low-cost broadband service option shall be defined by an eligible entity for subgrantees of the eligible entity in accordance with subparagraph 7,b74 7,b7 ,defining low-cost broadband service option 7i7 ,proposal ,an eligible entity shall submit to the ,assistant ,secretary for approval1 in the final proposal of the eligible entity submitted under subsection 7e77#d71 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 7#d77;,b7 of this subsection4 7ii7 ,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 7i74 7iii7 ,approval of ,assistant ,secretary 7,i7 ,in general ,a proposed definition of low-cost broadband service option submitted by an eligible entity under clause 7i7 shall not take effect until the ,assistant ,secretary approves the final proposal of the eligible entity submitted under subsection 7e77#d71 including approval of the proposed definition of low-cost broadband service option4 7,,ii7 ,resubmission ,if the ,assistant ,secretary does not approve a proposed definition of low-cost broadband service option submitted by an eligible entity under clause 7i71 the ,assistant ,secretary shall-- 7aa7 notify the eligible entity and provide the eligible entity with an opportunity to resubmit the final proposal1 as provided in subsection 7e77#d71 with an improved definition of low-cost broadband service option2 and 7bb7 provide the eligible entity with instructions on how to cure the defects in the proposed definition4 7iv7 ,public disclosure ,after the ,assistant ,secretary approves the final proposal of an eligible entity under subsection 7e77#d71 and before the ,assistant ,secretary disburses any funds to the eligible entity based on that approval1 the ,assistant ,secretary shall publicly disclose the eligible entity's definition of low-cost broadband service option4 7,c7 ,nonperformance ,the ,assistant ,secretary shall develop procedures under which the ,assistant ,secretary or an eligible entity may-- 7i7 evaluate the compliance of a subgrantee with the requirement under paragraph 7#d77;,b72 and 7ii7 take corrective action1 including recoupment of funds from the subgrantee1 for noncompliance with the requirement under paragraph 7#d77;,b74 7,d7 ,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 service4 7,e7 ,guidance ,the ,assistant ,secretary may issue guidance to eligible entities to carry out the purposes of this paragraph4 7#f7 ,return of funds ,an entity that receives a subgrant from an eligible entity under subsection 7f7 and fails to comply with any requirement under this subsection shall return up to the entire amount of the subgrant to the eligible entity1 at the discretion of the eligible entity or the ,assistant ,secretary4 7i7 ,regulations ,the ,assistant ,secretary may issue such regulations or other guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that those programs1 projects1 or activities are completed in a timely and effective manner4 7j7 ,reporting 7#a7 ,eligible entities 7,a7 ,initial report ,not later than #ij days after receiving grant funds under this section1 for the sole purposes of providing transparency and providing information to inform future ,federal broadband planning1 an eligible entity shall submit to the ,assistant ,secretary a report that-- 7i7 describes the planned and actual use of funds2 7ii7 describes the planned and actual process of subgranting2 7iii7 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 7f72 and 7iv7 includes any other information required by the ,assistant ,secretary4 7,b7 ,semiannual report ,not later than #a year after receiving grant funds under this section1 and semiannually thereafter until the funds have been expended1 an eligible entity shall submit to the ,assistant ,secretary a report1 with respect to the #f-month period immediately preceding the report date1 that-- 7i7 describes how the eligible entity expended the grant funds2 7ii7 describes each service provided with the grant funds2 7iii7 describes the number of locations at which broadband service was made available using the grant funds1 and the number of those locations at which broadband service was utilized2 and 7iv7 certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the ,assistant ,secretary4 7,c7 ,final report ,not later than #a year after an eligible entity has expended all grant funds received under this section1 the eligible entity shall submit to the ,assistant ,secretary a report that-- 7i7 describes how the eligible entity expended the funds2 7ii7 describes each service provided with the grant funds2 7iii7 describes the number of locations at which broadband service was made available using the grant funds1 and the number of those locations at which broadband service was utilized2 7iv7 includes each report that the eligible entity received from a subgrantee under paragraph 7#b72 and 7v7 certifies that the eligible entity complied with the requirements of this section and with any additional reporting requirements prescribed by the ,assistant ,secretary4 7,d7 ,provision to ,,fcc and ,,usda ,subject to section #ijd7;b77#b7 of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 7relating to an interagency agreement71 the ,assistant ,secretary shall coordinate with the ,commission and the ,department of ,agriculture1 including providing the final reports received under subparagraph 7,c7 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 agencies4 7,e7 ,federal agency reporting requirement 7i7 ,definitions ,in this subparagraph1 the terms agency and ,federal broadband support program have the meanings given those terms in section #ijc of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 7also known as the ,,access ,,broadband ,act74 7ii7 ,requirement ,an agency that offers a ,federal broadband support program shall provide data to the ,assistant ,secretary1 in a manner and format prescribed by the ,assistant ,secretary1 to promote coordination of efforts to track construction and use of broadband infrastructure4 7#b7 ,subgrantees 7,a7 ,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 of the subgrant to track the effectiveness of the use of funds provided4 7,b7 ,contents ,each report submitted under subparagraph 7,a7 shall-- 7i7 describe each type of project carried out using the subgrant and the duration of the subgrant2 7ii7 in the case of a broadband infrastructure project-- 7,i7 include a list of addresses or locations that constitute the service locations that will be served by the broadband infrastructure to be constructed2 7,,ii7 identify whether each address or location described in subclause 7,i7 is residential1 commercial1 or a community anchor institution2 7,,iii7 describe the types of facilities that have been constructed and installed2 7,,iv7 describe the peak and off-peak actual speeds of the broadband service being offered2 7,v7 describe the maximum advertised speed of the broadband service being offered2 7,,vi7 describe the non-promotional prices1 including any associated fees1 charged for different tiers of broadband service being offered2 7,,vii7 include any other data that would be required to comply with the data and mapping collection standards of the ,commission under section #a4gjjd of title #dg1 ,code of ,federal ,regulations1 or any successor regulation1 for broadband infrastructure projects2 and 7,,viii7 comply with any other reasonable reporting requirements determined by the eligible entity or the ,assistant ,secretary2 and 7iii7 certify that the information in the report is accurate4 7#c7 ,standardization and coordination ,the ,assistant ,secretary and the ,commission shall collaborate to-- 7,a7 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 #aicd 7#dg ,u4,s4,c4 #fda et seq472 and 7,b7 provide a standardized methodology to recipients of grants and subgrantees under this section for reporting the information described in subparagraph 7,a74 7#d7 ,information on broadband subsidies and low-income plans 7,a7 ,establishment of website ,not later than #b years after the date of enactment of this ,act1 the ,assistant ,secretary1 in consultation with the ,commission1 shall establish a publicly available website that-- 7i7 allows a consumer to determine1 based on financial information entered by the consumer1 whether the consumer is eligible-- 7,i7 to receive a ,federal or ,state subsidy with respect to broadband service2 or 7,,ii7 for a low-income plan with respect to broadband service2 and 7ii7 contains information regarding how to apply for the applicable benefit described in clause 7i74 7,b7 ,provision of data ,a ,federal entity1 ,state entity receiving ,federal funds1 or provider of broadband service that offers a subsidy or low-income plan1 as applicable1 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 7,a74 7k7 ,relation to other public funding ,notwithstanding any other provision of law-- 7#a7 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 7f7 in accordance with this section2 and 7#b7 the receipt of a subgrant under subsection 7f7 by an entity described in paragraph 7#a7 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 paragraph4 7l7 ,supplement not supplant ,grant funds awarded to an eligible entity under this section shall be used to supplement1 and not supplant1 the amounts that the eligible entity would otherwise make available for the purposes for which the grant funds may be used4 7m7 ,sense of ,congress regarding federal agency coordination ,it is the sense of ,congress that ,federal agencies responsible for supporting broadband deployment1 including the ,commission1 the ,department of ,commerce1 and the ,department of ,agriculture1 to the extent possible1 should align the goals1 application and reporting processes1 and project requirements with respect to broadband deployment supported by those agencies4 7n7 ,judicial review 7#a7 ,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 section4 7#b7 ,standard of review ,in carrying out any review described in paragraph 7#a71 the court shall affirm the decision of the ,assistant ,secretary unless-- 7,a7 the decision was procured by corruption1 fraud1 or undue means2 7,b7 there was actual partiality or corruption in the ,assistant ,secretary2 or 7,c7 the ,assistant ,secretary was guilty of-- 7i7 misconduct in refusing to review the administrative record2 or 7ii7 any other misbehavior by which the rights of any party have been prejudiced4 7o7 ,exemption from certain laws ,any action taken or decision made by the ,assistant ,secretary under this section shall be exempt from the requirements of-- 7#a7 section #cejf of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act72 7#b7 chapter #e or #g of title #e1 ,united ,states ,code 7commonly referred to as the ,administrative ,procedures ,act72 and 7#c7 chapter #f of title #e1 ,united ,states ,code 7commonly referred to as the ,regulatory ,flexibility ,act74 #fjajc4 ,broadband ,,data maps 7a7 ,definition ,in this section1 the term ,commission means the ,federal ,communications ,commission4 7b7 ,provision of information ,a broadband provider shall provide the ,commission with any information1 in the format1 type1 or specification requested by the ,commission1 necessary to augment the collection of data by the ,commission under-- 7#a7 title ,,viii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fda et seq472 or 7#b7 the ,form #dgg data collection program4 7c7 ,notice of initial broadband ,,data collection filing deadline ,the ,commission-- 7#a7 shall provide notice to broadband providers not later than #fj days before the initial deadline for submission of data under section #hjb7;a77#a77;,a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;a77#a77;,a772 and 7#b7 notwithstanding any prior decision of the ,commission to the contrary1 shall not be required to provide notice not later than #f months before the initial deadline described in paragraph 7#a74 7d7 ,availability of census data 7#a7 ,in general ,section #hjb7;b77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #hjb7;b77#a77 is amended by adding at the end the following3 7,d7 ,availability of census data ,the ,secretary of ,commerce shall submit to the ,commission1 for inclusion in the ,fabric1 a count of the aggregate number of housing units in each census block1 as collected by the ,bureau of the ,census4 4 7#b7 ,provision of updated #bjbj census data ,not later than #cj days after receiving a request from the ,commission1 the ,secretary of ,commerce1 in implementing the amendment made by paragraph 7#a71 shall provide the ,commission with a count of the aggregate number of housing units in each census block1 as collected during the #bjbj decennial census of population4 7e7 ,publication of ,broadband ,,data maps on internet ,section #hjb7;c77#f7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#f77 is amended1 in the matter preceding paragraph 7#f71 by inserting 1 including on a publicly available website1 after make public4 #fjajd4 ,report on future of ,universal ,service ,fund 7a7 ,definitions ,in this section-- 7#a7 the term ,commission means the ,federal ,communications ,commission2 and 7#b7 the term universal service goals for broadband means the statutorily mandated goals of universal service for advanced telecommunications capability under section #gjf of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb74 7b7 ,evaluation ,not later than #cj days after the date of enactment of this ,act1 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 broadband4 7c7 ,report 7#a7 ,in general ,not later than #bgj days after the date of enactment of this ,act1 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 ,act1 and other legislation that addresses those goals4 7#b7 ,recommendations ,in the report submitted under paragraph 7#a71 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 broadband4 7#c7 ,scope of universal service ,in submitting the report under paragraph 7#a71 the ,commission-- 7,a7 may not in any way reduce the congressional mandate to achieve the universal service goals for broadband2 and 7,b7 may provide recommendations for ,congress to expand the universal service goals for broadband1 if the ,commission believes such an expansion is in the public interest4 #fjaje4 ,broadband deployment locations map 7a7 ,definitions ,in this section3 7#a7 ,broadband infrastructure ,the term broadband infrastructure means any cables1 fiber optics1 wiring1 or other permanent 7integral to the structure7 infrastructure1 including wireless infrastructure1 that-- 7,a7 is capable of providing access to internet connections in individual locations2 and 7,b7 is an advanced telecommunications capability1 as defined in section #gjf7;d7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;d774 7#b7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#c7 ,deployment ,locations ,map ,the term ,deployment ,locations ,map means the mapping tool required to be established under subsection 7b74 7b7 ,establishment of ,deployment ,locations ,map ,not later than #ah months after the date of enactment of this ,act1 the ,commission shall1 in consultation with all relevant ,federal agencies1 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 ,government4 7c7 ,requirements ,the ,deployment ,locations ,map shall be-- 7#a7 the centralized1 authoritative source of information on funding made available by the ,federal ,government for broadband infrastructure deployment in the ,united ,states2 and 7#b7 made publicly available on the website of the ,commission4 7d7 ,functions ,in establishing the ,deployment ,locations ,map1 the ,commission shall ensure that the ,deployment ,locations ,map-- 7#a7 compiles data related to ,federal funding for broadband infrastructure deployment provided by the ,commission1 the ,national ,telecommunications and ,information ,administration1 the ,department of ,agriculture1 the ,department of ,health and ,human ,services1 the ,department of the ,treasury1 the ,department of ,housing and ,urban ,development1 the ,institute of ,museum and ,library ,sciences1 and any other ,federal agency that provides such data relating to broadband infrastructure deployment funding to the ,commission1 including funding under-- 7,a7 this ,act2 7,b7 the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf72 7,c7 the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj72 7,d7 ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b72 or 7,e7 any ,federal amounts appropriated or any ,federal program authorized after the date of enactment of this ,act to fund broadband infrastructure deployment2 7#b7 contains data1 with respect to each broadband infrastructure deployment program1 relating to-- 7,a7 the ,federal agency of jurisdiction2 7,b7 the program title2 and 7,c7 the network type1 including wired1 terrestrial fixed1 wireless1 mobile1 and satellite broadband infrastructure deployment2 7#c7 allows users to manipulate the ,deployment ,locations ,map to identify1 search1 and filter broadband infrastructure deployment projects by-- 7,a7 company name2 7,b7 duration timeline1 including the dates of a project's beginning and ending1 or anticipated beginning or ending date2 7,c7 total number of locations to which a project makes service available2 and 7,d7 relevant download and upload speeds2 and 7#d7 incorporates broadband service availability data as depicted in the ,broadband ,map created under section #hjb7;c77#a7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a774 7e7 ,periodic updates 7#a7 ,in general ,the ,commission shall1 in consultation with relevant ,federal agencies1 ensure the ,deployment ,locations ,map is maintained and up to date on a periodic basis1 but not less frequently than once every #ahj days4 7#b7 ,other ,federal agencies ,each ,federal agency providing funding for broadband infrastructure deployment shall report relevant data to the ,commission on a periodic basis4 7f7 ,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 development4 7g7 ,nonduplication ,the requirements in this section shall be consistent with and avoid duplication with the provisions of section #ijc of division ,,ff of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7h7 ,funding ,of the amounts appropriated to carry out this division under this ,act1 #aj1jjj1jjj shall be made available to carry out this section4 ,,ii ,tribal connectivity technical amendments4 #fjbja4 ,tribal connectivity technical amendments ,section #ije of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 is amended-- 7#a7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,b71 by striking during the ,,covid-#ai pandemic2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in clause 7i71 by striking #ahj days after receiving grant funds and inserting #ah months after receiving an allocation of funds pursuant to a specific grant award2 and 7,,ii7 in clause 7ii71 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 subsection2 7ii7 in subparagraph 7,b7-- 7,i7 in clause 7i71 by striking #a year after receiving grant funds and inserting #d years after receiving an allocation of funds pursuant to a specific grant award2 7,,ii7 by redesignating clause 7iii7 as clause 7iv72 and 7,,iii7 by inserting after clause 7ii7 the following3 7iii7 ,extensions for other projects ,the ,assistant ,secretary may1 for good cause shown1 extend the period under clause 7i7 for an eligible entity that proposes to use the grant funds for an eligible use other than construction of broadband infrastructure1 based on a detailed showing by the eligible entity of the need for an extension4 2 and 7iii7 by adding at the end the following3 7,c7 ,multiple grant awards ,if the ,assistant ,secretary awards multiple grants to an eligible entity under this subsection1 the deadlines under subparagraphs 7,a7 and 7,b7 shall apply individually to each grant award4 2 and 7,c7 by striking paragraph 7#f7 and inserting the following3 7#f7 ,administrative expenses of eligible entities 7,a7 ,in general ,except as provided in subparagraph 7,b71 an eligible entity may use not more than #b percent of grant funds received under this subsection for administrative purposes4 7,b7 ,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 #b4e percent of the total project cost for planning1 feasibility1 and sustainability studies related to the project4 2 and 7#b7 in subsection 7e71 by adding at the end the following3 7#f7 ,additional appropriations for tribal broadband connectivity program 7,a7 ,definition ,in this paragraph1 the term initial round of funding-- 7i7 means the allocation under paragraph 7#b77;,e7 of funds appropriated under subsection 7b77#a72 and 7ii7 does not include any reallocation of funds under paragraph 7#b77;,f74 7,b7 ,new funding ,if ,congress appropriates additional funds for grants under subsection 7c7 after the date of enactment of this ,act1 the ,assistant ,secretary-- 7i7 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 funding2 and 7ii7 shall allocate any remaining funds through subsequent funding rounds consistent with the requirements of this section1 except as provided in subparagraph 7,c7 of this paragraph4 7,c7 ,exceptions ,if ,congress appropriates additional funds for grants under subsection 7c7 after the date of enactment of this ,act-- 7i7 the ,assistant ,secretary shall not be required to issue an additional notice under paragraph 7#a7 of this subsection1 but shall inform eligible entities that additional funding has been made available for grants under subsection 7c7 and describe the changes made to the ,tribal ,broadband ,connectivity ,program under that subsection by section #fjbja of the ,infrastructure ,investment and ,jobs ,act2 7ii7 the requirement under paragraph 7#b77;,c7 of this subsection shall be applied individually to each round of funding for grants under subsection 7c72 7iii7 paragraph 7#b77;,a7 of this subsection shall be applied by substituting #ahj-;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 7c7 for #ij-;day period beginning on the date on which the ,assistant ,secretary issues the notice under paragraph 7#a72 and 7iv7 notwithstanding paragraph 7#b77;,f7 of this subsection1 in the case of funds appropriated under subsection 7b77#a7 that were not allocated during the initial round of funding1 the ,assistant ,secretary may elect to allocate the funds during any subsequent round of funding for grants under subsection 7c74 4 ,,iii ,digital ,equity ,act of #bjba #fjcja4 ,short title ,this title may be cited as the ,digital ,equity ,act of #bjba4 #fjcjb4 ,definitions ,in this title3 7#a7 ,adoption of broadband ,the term adoption of broadband means the process by which an individual obtains daily access to the internet-- 7,a7 at a speed1 quality1 and capacity-- 7i7 that is necessary for the individual to accomplish common tasks2 and 7ii7 such that the access qualifies as an advanced telecommunications capability2 7,b7 with the digital skills that are necessary for the individual to participate online2 and 7,c7 on a-- 7i7 personal device2 and 7ii7 secure and convenient network4 7#b7 ,advanced telecommunications capability ,the term advanced telecommunications capability has the meaning given the term in section #gjf7;d7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;d774 7#c7 ,aging individual ,the term aging individual has the meaning given the term older individual in section #ajb of the ,older ,americans ,act of #aife 7#db ,u4,s4,c4 #cjjb74 7#d7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,appropriations of the ,senate2 7,b7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,c7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7#e7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#f7 ,community anchor institution ,the term community anchor institution means a public school1 a public or multi-family housing authority1 a library1 a medical or healthcare provider1 a community college or other institution of higher education1 a ,state library agency1 and any other nonprofit or governmental community support organization4 7#g7 ,covered household ,the term covered household means a household1 the income of which for the most recently completed year is not more than #aej percent of an amount equal to the poverty level1 as determined by using criteria of poverty established by the ,bureau of the ,census4 7#h7 ,covered populations ,the term covered populations means-- 7,a7 individuals who live in covered households2 7,b7 aging individuals2 7,c7 incarcerated individuals1 other than individuals who are incarcerated in a ,federal correctional facility2 7,d7 veterans2 7,e7 individuals with disabilities2 7,f7 individuals with a language barrier1 including individuals who-- 7i7 are ,english learners2 and 7ii7 have low levels of literacy2 7,g7 individuals who are members of a racial or ethnic minority group2 and 7,h7 individuals who primarily reside in a rural area4 7#i7 ,covered programs ,the term covered programs means the ,state ,digital ,equity ,capacity ,grant ,program established under section #fjcjd and the ,digital ,equity ,competitive ,grant ,program established under section #fjcje4 7#aj7 ,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 ,states4 7#aa7 ,digital inclusion ,the term digital inclusion-- 7,a7 means the activities that are necessary to ensure that all individuals in the ,united ,states have access to1 and the use of1 affordable information and communication technologies1 such as-- 7i7 reliable fixed and wireless broadband internet service2 7ii7 internet-enabled devices that meet the needs of the user2 and 7iii7 applications and online content designed to enable and encourage self-sufficiency1 participation1 and collaboration2 and 7,b7 includes-- 7i7 obtaining access to digital literacy training2 7ii7 the provision of quality technical support2 and 7iii7 obtaining basic awareness of measures to ensure online privacy and cybersecurity4 7#ab7 ,digital literacy ,the term digital literacy means the skills associated with using technology to enable users to find1 evaluate1 organize1 create1 and communicate information4 7#ac7 ,disability ,the term disability has the meaning given the term in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb74 7#ad7 ,eligible ,state ,the term eligible ,state means-- 7,a7 with respect to planning grants made available under section #fjcjd7;c77#c71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #fjcjd7;c77#c77;,c72 and 7,b7 with respect to capacity grants awarded under section #fjcjd7;d71 a ,state with respect to which the ,assistant ,secretary has approved an application submitted to the ,assistant ,secretary under section #fjcjd7;d77#b71 including approval of the ,state ,digital ,equity ,plan developed by the ,state under section #fjcjd7;c74 7#ae7 ,gender identity ,the term gender identity has the meaning given the term in section #bdi7;c7 of title #ah1 ,united ,states ,code4 7#af7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d7;e7 of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd7;e774 7#ag7 ,institution of higher education ,the term institution of higher education-- 7,a7 has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja72 and 7,b7 includes a postsecondary vocational institution4 7#ah7 ,local educational agency ,the term local educational agency has the meaning given the term in section #haja7cj7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja7cj774 7#ai7 ,postsecondary vocational institution ,the term postsecondary vocational institution has the meaning given the term in section #ajb7;c7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajjb7;c774 7#bj7 ,rural area ,the term rural area has the meaning given the term in section #fja7;b77#c7 of the ,rural ,electrification ,act of #aicf 7#g ,u4,s4,c4 #iej;bb7b77#c774 7#ba7 ,state ,the term ,state means-- 7,a7 any ,state of the ,united ,states2 7,b7 the ,district of ,columbia2 and 7,c7 the ,commonwealth of ,puerto ,rico4 7#bb7 ,veteran ,the term veteran has the meaning given the term in section #aja of title #ch1 ,united ,states ,code4 7#bc7 ,workforce development program ,the term workforce development program has the meaning given the term in section #c7ff7 of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #cajb7ff774 #fjcjc4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 a broadband connection and digital literacy are increasingly critical to how individuals-- 7,a7 participate in the society1 economy1 and civic institutions of the ,united ,states2 and 7,b7 access health care and essential services1 obtain education1 and build careers2 7#b7 digital exclusion-- 7,a7 carries a high societal and economic cost2 7,b7 materially harms the opportunity of an individual with respect to the economic success1 educational achievement1 positive health outcomes1 social inclusion1 and civic engagement of that individual2 and 7,c7 exacerbates existing wealth and income gaps1 especially those experienced by covered populations2 7#c7 achieving digital equity for all people of the ,united ,states requires additional and sustained investment and research efforts2 7#d7 the ,federal ,government1 as well as ,state1 tribal1 territorial1 and local governments1 have made social1 legal1 and economic obligations that necessarily extend to how the citizens and residents of those governments access and use the internet2 and 7#e7 achieving digital equity is a matter of social and economic justice and is worth pursuing4 #fjcjd4 ,state ,digital ,equity ,capacity ,grant ,program 7a7 ,establishment2 purpose 7#a7 ,in general ,the ,assistant ,secretary shall establish in the ,department of ,commerce the ,state ,digital ,equity ,capacity ,grant ,program 7referred to in this section as the ,program7-- 7,a7 the purpose of which is to promote the achievement of digital equity1 support digital inclusion activities1 and build capacity for efforts by ,states relating to the adoption of broadband by residents of those ,states2 7,b7 through which the ,assistant ,secretary shall make grants to ,states in accordance with the requirements of this section2 and 7,c7 which shall ensure that ,states have the capacity to promote the achievement of digital equity and support digital inclusion activities4 7#b7 ,consultation with other ,federal agencies2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary shall-- 7,a7 consult with-- 7i7 the ,secretary of ,agriculture2 7ii7 the ,secretary of ,housing and ,urban ,development2 7iii7 the ,secretary of ,education2 7iv7 the ,secretary of ,labor2 7v7 the ,secretary of ,health and ,human ,services2 7vi7 the ,secretary of ,veterans ,affairs2 7vii7 the ,secretary of the ,interior2 7viii7 the ,federal ,communications ,commission2 7ix7 the ,federal ,trade ,commission2 7x7 the ,director of the ,institute of ,museum and ,library ,services2 7xi7 the ,administrator of the ,small ,business ,administration2 7xii7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 and 7xiii7 the head of any other agency that the ,assistant ,secretary determines to be appropriate2 and 7,b7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband initiatives and programs4 7b7 ,administering entity 7#a7 ,selection2 function ,the governor 7or equivalent official7 of a ,state that wishes to be awarded a grant under this section shall1 from among entities that are eligible under paragraph 7#b71 select an administering entity for that ,state1 which shall-- 7,a7 serve as the recipient of1 and administering agent for1 any grant awarded to the ,state under this section2 7,b7 develop1 implement1 and oversee the ,state ,digital ,equity ,plan for the ,state described in subsection 7c72 7,c7 make subgrants to any entity described in subsection 7c77#a77;,d7 that is located in the ,state in support of-- 7i7 the ,state ,digital ,equity ,plan for the ,state2 and 7ii7 digital inclusion activities in the ,state generally2 and 7,d7 serve as-- 7i7 an advocate for digital equity policy and digital inclusion activities2 and 7ii7 a repository of best practice materials regarding the policies and activities described in clause 7i74 7#b7 ,eligible entities ,any of the following entities may serve as the administering entity for a ,state for the purposes of this section if the entity has demonstrated a capacity to administer the ,program on a statewide level3 7,a7 ,the ,state1 a political subdivision1 agency1 or instrumentality of the ,state1 an ,indian ,tribe located in the ,state1 an ,alaska ,native entity located in the ,state1 or a ,native ,hawaiian organization located in the ,state4 7,b7 ,a foundation1 corporation1 institution1 association1 or coalition that is-- 7i7 a not-for-profit entity2 7ii7 providing services in the ,state2 and 7iii7 not a school4 7,c7 ,a community anchor institution1 other than a school1 that is located in the ,state4 7,d7 ,a local educational agency that is located in the ,state4 7,e7 ,an entity located in the ,state that carries out a workforce development program4 7,f7 ,an agency of the ,state that is responsible for administering or supervising adult education and literacy activities in the ,state4 7,g7 ,a public or multi-family housing authority that is located in the ,state4 7,h7 ,a partnership between any of the entities described in subparagraphs 7,a7 through 7,g74 7c7 ,state ,digital ,equity ,plan 7#a7 ,development2 contents ,a ,state that wishes to be awarded a grant under subsection 7d7 shall develop a ,state ,digital ,equity ,plan for the ,state1 which shall include-- 7,a7 the identification of the barriers to digital equity faced by covered populations in the ,state2 7,b7 measurable objectives for documenting and promoting1 among each group described in subparagraphs 7,a7 through 7,h7 of section #fjcjb7h7 located in that ,state-- 7i7 the availability of1 and affordability of access to1 fixed and wireless broadband technology2 7ii7 the online accessibility and inclusivity of public resources and services2 7iii7 digital literacy2 7iv7 awareness of1 and the use of1 measures to secure the online privacy of1 and cybersecurity with respect to1 an individual2 and 7v7 the availability and affordability of consumer devices and technical support for those devices2 7,c7 an assessment of how the objectives described in subparagraph 7,b7 will impact and interact with the ,state's-- 7i7 economic and workforce development goals1 plans1 and outcomes2 7ii7 educational outcomes2 7iii7 health outcomes2 7iv7 civic and social engagement2 and 7v7 delivery of other essential services2 7,d7 in order to achieve the objectives described in subparagraph 7,b71 a description of how the ,state plans to collaborate with key stakeholders in the ,state1 which may include-- 7i7 community anchor institutions2 7ii7 county and municipal governments2 7iii7 local educational agencies2 7iv7 where applicable1 ,indian ,tribes1 ,alaska ,native entities1 or ,native ,hawaiian organizations2 7v7 nonprofit organizations2 7vi7 organizations that represent-- 7,i7 individuals with disabilities1 including organizations that represent children with disabilities2 7,,ii7 aging individuals2 7,,iii7 individuals with language barriers1 including-- 7aa7 individuals who are ,english learners2 and 7bb7 individuals who have low levels of literacy2 7,,iv7 veterans2 and 7,v7 individuals in that ,state who are incarcerated in facilities other than ,federal correctional facilities2 7vii7 civil rights organizations2 7viii7 entities that carry out workforce development programs2 7ix7 agencies of the ,state that are responsible for administering or supervising adult education and literacy activities in the ,state2 7x7 public housing authorities in the ,state2 and 7xi7 a partnership between any of the entities described in clauses 7i7 through 7x72 and 7,e7 a list of organizations with which the administering entity for the ,state collaborated in developing and implementing the ,plan4 7#b7 ,public availability 7,a7 ,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 #cj days before the date on which the ,state submits an application to the ,assistant ,secretary under subsection 7d77#b74 7,b7 ,consideration of comments received ,the administering entity for a ,state shall1 with respect to an application submitted to the ,assistant ,secretary under subsection 7d77#b7-- 7i7 before submitting the application-- 7,i7 consider all comments received during the comment period described in subparagraph 7,a7 with respect to the application 7referred to in this subparagraph as the comment period72 and 7,,ii7 make any changes to the plan that the administering entity determines to be worthwhile2 and 7ii7 when submitting the application-- 7,i7 describe any changes pursued by the administering entity in response to comments received during the comment period2 and 7,,ii7 include a written response to each comment received during the comment period4 7#c7 ,planning grants 7,a7 ,in general ,beginning in the first fiscal year that begins after the date of enactment of this ,act1 the ,assistant ,secretary shall1 in accordance with the requirements of this paragraph1 award planning grants to ,states for the purpose of developing the ,state ,digital ,equity ,plans of those ,states under this subsection4 7,b7 ,eligibility ,in order to be awarded a planning grant under this paragraph1 a ,state-- 7i7 shall submit to the ,assistant ,secretary an application under subparagraph 7,c72 and 7ii7 may not have been awarded1 at any time1 a planning grant under this paragraph4 7,c7 ,application ,a ,state that wishes to be awarded a planning grant under this paragraph shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7i7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7ii7 ,a certification from the ,state that1 not later than #a year after the date on which the ,assistant ,secretary awards the planning grant to the ,state1 the administering entity for that ,state shall develop a ,state ,digital ,equity ,plan under this subsection1 which-- 7,i7 the administering entity shall submit to the ,assistant ,secretary2 and 7,,ii7 shall comply with the requirements of this subsection1 including the requirement under paragraph 7#b77;,b74 7iii7 ,the assurances required under subsection 7e74 7,d7 ,awards 7i7 ,amount of grant ,a planning grant awarded to an eligible ,state under this paragraph shall be determined according to the formula under subsection 7d77#c77;,a77i74 7ii7 ,duration 7,i7 ,in general ,except as provided in subclause 7,,ii71 with respect to a planning grant awarded to an eligible ,state under this paragraph1 the ,state shall expend the grant funds during the #a-year period beginning on the date on which the ,state is awarded the grant funds4 7,,ii7 ,exception ,the ,assistant ,secretary may grant an extension of not longer than #ahj days with respect to the requirement under subclause 7,i74 7iii7 ,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 ,state1 as determined under clause 7i74 7,e7 ,use of funds ,an eligible ,state to which a planning grant is awarded under this paragraph shall1 through the administering entity for that ,state1 use the grant funds only for the following purposes3 7i7 ,to develop the ,state ,digital ,equity ,plan of the ,state under this subsection4 7ii7 7,i7 ,subject to subclause 7,,ii71 to make subgrants to any of the entities described in paragraph 7#a77;,d7 to assist in the development of the ,state ,digital ,equity ,plan of the ,state under this subsection4 7,,ii7 ,if the administering entity for a ,state makes a subgrant described in subclause 7,i71 the administering entity shall1 with respect to the subgrant1 provide to the ,state the assurances required under subsection 7e74 7d7 ,state capacity grants 7#a7 ,in general ,beginning not later than #b years after the date on which the ,assistant ,secretary begins awarding planning grants under subsection 7c77#c71 the ,assistant ,secretary shall each year award grants to eligible ,states to support-- 7,a7 the implementation of the ,state ,digital ,equity ,plans of those ,states2 and 7,b7 digital inclusion activities in those ,states4 7#b7 ,application ,a ,state that wishes to be awarded a grant under this subsection shall1 not later than #fj days after the date on which the notice of funding availability with respect to the grant is released1 submit to the ,assistant ,secretary an application1 in a format to be determined by the ,assistant ,secretary1 that contains the following materials3 7,a7 ,a description of the entity selected to serve as the administering entity for the ,state1 as described in subsection 7b74 7,b7 ,the ,state ,digital ,equity ,plan of that ,state1 as described in subsection 7c74 7,c7 ,a certification that the ,state1 acting through the administering entity for the ,state1 shall-- 7i7 implement the ,state ,digital ,equity ,plan of the ,state2 and 7ii7 make grants in a manner that is consistent with the aims of the ,plan described in clause 7i74 7,d7 ,the assurances required under subsection 7e74 7,e7 ,in the case of a ,state to which the ,assistant ,secretary has previously awarded a grant under this subsection1 any amendments to the ,state ,digital ,equity ,plan of that ,state1 as compared with the ,state ,digital ,equity ,plan of the ,state previously submitted4 7#c7 ,awards 7,a7 ,amount of grant 7i7 ,formula ,subject to clauses 7ii71 7iii71 and 7iv71 the ,assistant ,secretary shall calculate the amount of a grant awarded to an eligible ,state under this subsection in accordance with the following criteria1 using the best available data for all ,states for the fiscal year in which the grant is awarded3 7,i7 #ej percent of the total grant amount shall be based on the population of the eligible ,state in proportion to the total population of all eligible ,states4 7,,ii7 #be 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 populations4 7,,iii7 #be 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 ,states1 which shall be determined according to data collected from-- 7aa7 the annual inquiry of the ,federal ,communications ,commission conducted under section #gjf7;b7 of the ,telecommunications ,act of #aiif 7#dg ,u4,s4,c4 #acjb7;b772 7bb7 the ,american ,community ,survey or1 if necessary1 other data collected by the ,bureau of the ,census2 7cc7 the ,,ntia ,internet ,use ,survey1 which is administered as the ,computer and ,internet ,use ,supplement to the ,current ,population ,survey of the ,bureau of the ,census2 and 7dd7 any other source that the ,assistant ,secretary1 after appropriate notice and opportunity for public comment1 determines to be appropriate4 7ii7 ,minimum award ,the amount of a grant awarded to an eligible ,state under this subsection in a fiscal year shall be not less than #j4e percent of the total amount made available to award grants to eligible ,states for that fiscal year4 7iii7 ,additional amounts ,if1 after awarding planning grants to ,states under subsection 7c77#c7 and capacity grants to eligible ,states under this subsection in a fiscal year1 there are amounts remaining to carry out this section1 the ,assistant ,secretary shall distribute those amounts-- 7,i7 to eligible ,states to which the ,assistant ,secretary has awarded grants under this subsection for that fiscal year2 and 7,,ii7 in accordance with the formula described in clause 7i74 7iv7 ,data unavailable ,if1 in a fiscal year1 the ,commonwealth of ,puerto ,rico 7referred to in this clause as ,puerto ,rico7 is an eligible ,state and specific data for ,puerto ,rico is unavailable for a factor described in subclause 7,i71 7,,ii71 or 7,,ii7 of clause 7i71 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 year4 7,b7 ,duration ,with respect to a grant awarded to an eligible ,state under this subsection1 the eligible ,state shall expend the grant funds during the #e-year period beginning on the date on which the eligible ,state is awarded the grant funds4 7,c7 ,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 ,state1 as determined under subparagraph 7,a74 7,d7 ,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 purposes3 7i7 7,i7 ,subject to subclause 7,,ii71 to update or maintain the ,state ,digital ,equity ,plan of the ,state4 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #bj percent of the amount of the grant for the purpose described in subclause 7,i74 7ii7 ,to implement the ,state ,digital ,equity ,plan of the ,state4 7iii7 7,i7 ,subject to subclause 7,,ii71 to award a grant to any entity that is described in section #fjcje7;b7 and is located in the eligible ,state in order to-- 7aa7 assist in the implementation of the ,state ,digital ,equity ,plan of the ,state2 7bb7 pursue digital inclusion activities in the ,state consistent with the ,state ,digital ,equity ,plan of the ,state2 and 7cc7 report to the ,state regarding the digital inclusion activities of the entity4 7,,ii7 ,before an administering entity for an eligible ,state may award a grant under subclause 7,i71 the administering entity shall require the entity to which the grant is awarded to certify that-- 7aa7 the entity shall carry out the activities required under items 7aa71 7bb71 and 7cc7 of that subclause2 7bb7 the receipt of the grant shall not result in unjust enrichment of the entity2 and 7cc7 the entity shall cooperate with any evaluation-- 7,,aa7 of any program that relates to a grant awarded to the entity2 and 7,,bb7 that is carried out by or for the administering entity1 the ,assistant ,secretary1 or another ,federal official4 7iv7 7,i7 ,subject to subclause 7,,ii71 to evaluate the efficacy of the efforts funded by grants made under clause 7iii74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #e percent of the amount of the grant for a purpose described in subclause 7,i74 7v7 7,i7 ,subject to subclause 7,,ii71 for the administrative costs incurred in carrying out the activities described in clauses 7i7 through 7iv74 7,,ii7 ,an administering entity for an eligible ,state to which a grant is awarded under this subsection may use not more than #c percent of the amount of the grant for a purpose described in subclause 7,i74 7e7 ,assurances ,when applying for a grant under this section1 a ,state shall include in the application for that grant assurances that-- 7#a7 if an entity described in section #fjcje7;b7 is awarded grant funds under this section 7referred to in this subsection as a covered recipient71 provide that-- 7,a7 the covered recipient shall use the grant funds in accordance with any applicable statute1 regulation1 and application procedure2 7,b7 the administering entity for that ,state shall adopt and use proper methods of administering any grant that the covered recipient is awarded1 including by-- 7i7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out the program to which the grant relates2 7ii7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7iii7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 and 7,c7 the administering entity for that ,state shall cooperate in carrying out any evaluation-- 7i7 of any program that relates to a grant awarded to the covered recipient2 and 7ii7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#b7 the administering entity for that ,state shall-- 7,a7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the ,state is awarded under this section2 7,b7 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 section2 7,c7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under this section2 and 7,d7 with respect to any significant proposed change or amendment to the ,state ,digital ,equity ,plan for the ,state1 make the change or amendment available for public comment in accordance with subsection 7c77#b72 and 7#c7 the ,state1 before submitting to the ,assistant ,secretary the ,state ,digital ,equity ,plan of the ,state1 has complied with the requirements of subsection 7c77#b74 7f7 ,termination of grant 7#a7 ,in general ,the ,assistant ,secretary shall terminate a grant awarded to an eligible ,state under this section if1 after notice to the ,state and opportunity for a hearing1 the ,assistant ,secretary-- 7,a7 presents to the ,state a rationale and supporting information that clearly demonstrates that-- 7i7 the grant funds are not contributing to the development or execution of the ,state ,digital ,equity ,plan of the ,state1 as applicable2 and 7ii7 the ,state is not upholding assurances made by the ,state to the ,assistant ,secretary under subsection 7e72 and 7,b7 determines that the grant is no longer necessary to achieve the original purpose for which ,assistant ,secretary awarded the grant4 7#b7 ,redistribution ,if the ,assistant ,secretary1 in a fiscal year1 terminates a grant under paragraph 7#a71 the ,assistant ,secretary shall redistribute the unspent grant amounts-- 7,a7 to eligible ,states to which the ,assistant ,secretary has awarded grants under subsection 7d7 for that fiscal year2 and 7,b7 in accordance with the formula described in subsection 7d77#c77;,a77i74 7g7 ,reporting and information requirements2 ,internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which a grant1 including a subgrant1 is awarded under this section to publicly report1 for each year during the period described in subsection 7c77#c77;,d77ii7 or 7d77#c77;,b71 as applicable1 with respect to the grant1 and in a format specified by the ,assistant ,secretary1 on-- 7i7 the use of that grant by the entity2 7ii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 and 7iii7 the implementation of the ,state ,digital ,equity ,plan of the ,state2 7,b7 establish appropriate mechanisms to ensure that each eligible ,state to which a grant is awarded under this section-- 7i7 uses the grant amounts in an appropriate manner2 and 7ii7 complies with all terms with respect to the use of the grant amounts2 and 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 the application of each ,state that has applied for a grant under this section2 7ii7 the status of each application described in clause 7i72 7iii7 each report submitted by an entity under subparagraph 7,a72 7iv7 a record of public comments made regarding the ,state ,digital ,equity ,plan of a ,state1 as well as any written responses to or actions taken as a result of those comments2 and 7v7 any other information that is sufficient to allow the public to understand and monitor grants awarded under this section2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under this section4 7h7 ,supplement not supplant ,a grant or subgrant awarded under this section shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to carry out activities described in this section4 7i7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 not more than #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to-- 7i7 ,states1 or administering entities for ,states1 to prepare the applications of those ,states2 and 7ii7 administering entities with respect to grants awarded under this section2 and 7,c7 developing the report required under section #fjcjf7;a72 7#b7 not less than #e percent to award grants to1 or enter into contracts or cooperative agreements with1 ,indian ,tribes1 ,alaska ,native entities1 and ,native ,hawaiian organizations to allow those tribes1 entities1 and organizations to carry out the activities described in this section2 and 7#c7 not less than #a percent to award grants to1 or enter into contracts or cooperative agreements with1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 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 section4 7j7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7k7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 #fj1jjj1jjj for the award of grants under subsection 7c77#c71 which shall remain available until expended2 7#b7 for the award of grants under subsection 7d7-- 7,a7 #bdj1jjj1jjj for fiscal year #bjbb2 and 7,b7 #cjj1jjj1jjj for each of fiscal years #bjbc through #bjbf2 and 7#c7 such sums as may be necessary to carry out this section for each fiscal year after the end of the #e-;fiscal year period described in paragraph 7#b74 #fjcje4 ,digital ,equity ,competitive ,grant ,program 7a7 ,establishment 7#a7 ,in general ,not later than #cj days after the date on which the ,assistant ,secretary begins awarding grants under section #fjcjd7;d71 and not before that date1 the ,assistant ,secretary shall establish in the ,department of ,commerce the ,digital ,equity ,competitive ,grant ,program 7referred to in this section as the ,program71 the purpose of which is to award grants to support efforts to achieve digital equity1 promote digital inclusion activities1 and spur greater adoption of broadband among covered populations4 7#b7 ,consultation2 no conflict ,in establishing the ,program under paragraph 7#a71 the ,assistant ,secretary-- 7,a7 may consult a ,state with respect to-- 7i7 the identification of groups described in subparagraphs 7,a7 through 7,h7 of section #fjcjb7h7 located in that ,state2 and 7ii7 the allocation of grant funds within that ,state for projects in or affecting the ,state2 and 7,b7 shall-- 7i7 consult with-- 7,i7 the ,secretary of ,agriculture2 7,,ii7 the ,secretary of ,housing and ,urban ,development2 7,,iii7 the ,secretary of ,education2 7,,iv7 the ,secretary of ,labor2 7,v7 the ,secretary of ,health and ,human ,services2 7,,vi7 the ,secretary of ,veterans ,affairs2 7,,vii7 the ,secretary of the ,interior2 7,,viii7 the ,federal ,communications ,commission2 7,,ix7 the ,federal ,trade ,commission2 7,x7 the ,director of the ,institute of ,museum and ,library ,services2 7,,xi7 the ,administrator of the ,small ,business ,administration2 7,,xii7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 and 7,,xiii7 the head of any other agency that the ,assistant ,secretary determines to be appropriate2 and 7ii7 ensure that the ,program complements and enhances1 and does not conflict with1 other ,federal broadband initiatives and programs4 7b7 ,eligibility ,the ,assistant ,secretary may award a grant under the ,program to any of the following entities if the entity is not serving1 and has not served1 as the administering entity for a ,state under section #fjcjd7;b73 7#a7 ,a political subdivision1 agency1 or instrumentality of a ,state1 including an agency of a ,state that is responsible for administering or supervising adult education and literacy activities1 or for providing public housing1 in the ,state4 7#b7 ,an ,indian ,tribe1 an ,alaska ,native entity1 or a ,native ,hawaiian organization4 7#c7 ,a foundation1 corporation1 institution1 or association that is-- 7,a7 a not-for-profit entity2 and 7,b7 not a school4 7#d7 ,a community anchor institution4 7#e7 ,a local educational agency4 7#f7 ,an entity that carries out a workforce development program4 7#g7 ,a partnership between any of the entities described in paragraphs 7#a7 through 7#f74 7#h7 ,a partnership between-- 7,a7 an entity described in any of paragraphs 7#a7 through 7#f72 and 7,b7 an entity that-- 7i7 the ,assistant ,secretary1 by rule1 determines to be in the public interest2 and 7ii7 is not a school4 7c7 ,application ,an entity that wishes to be awarded a grant under the ,program shall submit to the ,assistant ,secretary an application-- 7#a7 at such time1 in such form1 and containing such information as the ,assistant ,secretary may require2 and 7#b7 that-- 7,a7 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 manner2 7,b7 identifies the period in which the applicant will expend the grant funds awarded under the ,program2 7,c7 includes-- 7i7 a justification for the amount of the grant that the applicant is requesting2 and 7ii7 for each fiscal year in which the applicant will expend the grant funds1 a budget for the activities that the grant funds will support2 7,d7 demonstrates to the satisfaction of the ,assistant ,secretary that the entity-- 7i7 is capable of carrying out-- 7,i7 the project or function to which the application relates2 and 7,,ii7 the activities described in subsection 7h7-- 7aa7 in a competent manner2 and 7bb7 in compliance with all applicable ,federal1 ,state1 and local laws2 and 7ii7 if the applicant is an entity described in subsection 7b77#a71 shall appropriate or otherwise unconditionally obligate from non-,federal sources funds that are necessary to meet the requirements of subsection 7e72 7,e7 discloses to the ,assistant ,secretary the source and amount of other ,federal1 ,state1 or outside funding sources from which the entity receives1 or has applied for1 funding for activities or projects to which the application relates2 and 7,f7 provides-- 7i7 the assurances that are required under subsection 7f72 and 7ii7 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 manner4 7d7 ,award of grants 7#a7 ,factors considered in award of grants ,in deciding whether to award a grant under the ,program1 the ,assistant ,secretary shall1 to the extent practicable1 consider-- 7,a7 whether an application shall1 if approved-- 7i7 increase internet access and the adoption of broadband among covered populations to be served by the applicant2 and 7ii7 not result in unjust enrichment2 7,b7 the comparative geographic diversity of the application in relation to other eligible applications2 and 7,c7 the extent to which an application may duplicate or conflict with another program4 7#b7 ,use of funds 7,a7 ,in general ,in addition to the activities required under subparagraph 7,b71 an entity to which the ,assistant ,secretary awards a grant under the ,program shall use the grant amounts to support not less than #a of the following activities3 7i7 ,to develop and implement digital inclusion activities that benefit covered populations4 7ii7 ,to facilitate the adoption of broadband by covered populations in order to provide educational and employment opportunities to those populations4 7iii7 ,to implement1 consistent with the purposes of this title-- 7,i7 training programs for covered populations that cover basic1 advanced1 and applied skills2 or 7,,ii7 other workforce development programs4 7iv7 ,to make available equipment1 instrumentation1 networking capability1 hardware and software1 or digital network technology for broadband services to covered populations at low or no cost4 7v7 ,to construct1 upgrade1 expend1 or operate new or existing public access computing centers for covered populations through community anchor institutions4 7vi7 ,to undertake any other project and activity that the ,assistant ,secretary finds to be consistent with the purposes for which the ,program is established4 7,b7 ,evaluation 7i7 ,in general ,an entity to which the ,assistant ,secretary awards a grant under the ,program shall use not more than #aj percent of the grant amounts to measure and evaluate the activities supported with the grant amounts4 7ii7 ,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 7i7-- 7,i7 in a manner specified by the ,assistant ,secretary2 7,,ii7 not later than #ae months after the date on which the entity is awarded the grant amounts2 and 7,,iii7 annually after the submission described in subclause 7,,ii7 for any year in which the entity expends grant amounts4 7,c7 ,administrative costs ,an entity to which the ,assistant ,secretary awards a grant under the ,program may use not more than #aj percent of the amount of the grant for administrative costs in carrying out any of the activities described in subparagraph 7,a74 7,d7 ,time limitations ,with respect to a grant awarded to an entity under the ,program1 the entity-- 7i7 except as provided in clause 7ii71 shall expend the grant amounts during the #d-year period beginning on the date on which the entity is awarded the grant amounts2 and 7ii7 during the #a-year period beginning on the date that is #d years after the date on which the entity is awarded the grant amounts1 may continue to measure and evaluate the activities supported with the grant amounts1 as required under subparagraph 7,b74 7e7 ,federal share 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,federal share of any project for which the ,assistant ,secretary awards a grant under the ,program may not exceed #ij percent4 7#b7 ,exception ,the ,assistant ,secretary may grant a waiver with respect to the limitation on the ,federal share of a project described in paragraph 7#a7 if-- 7,a7 the applicant with respect to the project petitions the ,assistant ,secretary for the waiver2 and 7,b7 the ,assistant ,secretary determines that the petition described in subparagraph 7,a7 demonstrates financial need4 7f7 ,assurances ,when applying for a grant under this section1 an entity shall include in the application for that grant assurances that the entity shall-- 7#a7 use any grant funds that the entity is awarded-- 7,a7 in accordance with any applicable statute1 regulation1 and application procedure2 and 7,b7 to the extent required under applicable law2 7#b7 adopt and use proper methods of administering any grant that the entity is awarded1 including by-- 7,a7 enforcing any obligation imposed under law on any agency1 institution1 organization1 or other entity that is responsible for carrying out a program to which the grant relates2 7,b7 correcting any deficiency in the operation of a program to which the grant relates1 as identified through an audit or another monitoring or evaluation procedure2 and 7,c7 adopting written procedures for the receipt and resolution of complaints alleging a violation of law with respect to a program to which the grant relates2 7#c7 cooperate with respect to any evaluation-- 7,a7 of any program that relates to a grant awarded to the entity2 and 7,b7 that is carried out by or for the ,assistant ,secretary or another ,federal official2 7#d7 use fiscal control and fund accounting procedures that ensure the proper disbursement of1 and accounting for1 any ,federal funds that the entity is awarded under the ,program2 7#e7 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 ,program2 and 7#f7 maintain any records and provide any information to the ,assistant ,secretary1 including those records1 that the ,assistant ,secretary determines is necessary to enable the ,assistant ,secretary to perform the duties of the ,assistant ,secretary under the ,program4 7g7 ,deobligation or termination of grant ,in addition to other authority under applicable law1 the ,assistant ,secretary may-- 7#a7 deobligate or terminate a grant awarded to an entity under this section if1 after notice to the entity and opportunity for a hearing1 the ,assistant ,secretary-- 7,a7 presents to the entity a rationale and supporting information that clearly demonstrates that-- 7i7 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 7c72 and 7ii7 the entity is not upholding assurances made by the entity to the ,assistant ,secretary under subsection 7f72 and 7,b7 determines that the grant is no longer necessary to achieve the original purpose for which ,assistant ,secretary awarded the grant2 and 7#b7 with respect to any grant funds that the ,assistant ,secretary deobligates or terminates under paragraph 7#a71 competitively award the grant funds to another applicant1 consistent with the requirements of this section4 7h7 ,reporting and information requirements2 internet disclosure ,the ,assistant ,secretary-- 7#a7 shall-- 7,a7 require any entity to which the ,assistant ,secretary awards a grant under the ,program to1 for each year during the period described in subsection 7d77#b77;,d7 with respect to the grant1 submit to the ,assistant ,secretary a report1 in a format specified by the ,assistant ,secretary1 regarding-- 7i7 the amount of the grant2 7ii7 the use by the entity of the grant amounts2 and 7iii7 the progress of the entity towards fulfilling the objectives for which the grant was awarded2 7,b7 establish mechanisms to ensure appropriate use of1 and compliance with respect to all terms regarding1 grant funds awarded under the ,program2 7,c7 create and maintain a fully searchable database1 which shall be accessible on the internet at no cost to the public1 that contains1 at a minimum-- 7i7 a list of each entity that has applied for a grant under the ,program2 7ii7 a description of each application described in clause 7i71 including the proposed purpose of each grant described in that clause2 7iii7 the status of each application described in clause 7i71 including whether the ,assistant ,secretary has awarded a grant with respect to the application and1 if so1 the amount of the grant2 7iv7 each report submitted by an entity under subparagraph 7,a72 and 7v7 any other information that is sufficient to allow the public to understand and monitor grants awarded under the ,program2 and 7,d7 ensure that any entity with respect to which an award is deobligated or terminated under subsection 7g7 may1 in a timely manner1 appeal or otherwise challenge that deobligation or termination1 as applicable2 and 7#b7 may establish additional reporting and information requirements for any recipient of a grant under the ,program4 7i7 ,supplement not supplant ,a grant awarded to an entity under the ,program shall supplement1 not supplant1 other ,federal or ,state funds that have been made available to the entity to carry out activities described in this section4 7j7 ,set asides ,from amounts made available in a fiscal year to carry out the ,program1 the ,assistant ,secretary shall reserve-- 7#a7 #e percent for the implementation and administration of the ,program1 which shall include-- 7,a7 providing technical support and assistance1 including ensuring consistency in data reporting2 7,b7 providing assistance to entities to prepare the applications of those entities with respect to grants awarded under this section2 7,c7 developing the report required under section #fjcjf7;a72 and 7,d7 conducting outreach to entities that may be eligible to be awarded a grant under the ,program regarding opportunities to apply for such a grant2 7#b7 #e percent to award grants to1 or enter into contracts or cooperative agreements with1 ,indian ,tribes1 ,alaska ,native entities1 and ,native ,hawaiian organizations to allow those tribes1 entities1 and organizations to carry out the activities described in this section2 and 7#c7 #a percent to award grants to1 or enter into contracts or cooperative agreements with1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 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 section4 7k7 ,rules ,the ,assistant ,secretary may prescribe such rules as may be necessary to carry out this section4 7l7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #bej1jjj1jjj for each of the first #e fiscal years in which funds are made available to carry out this section2 and 7#b7 such sums as may be necessary for each fiscal year after the end of the #e-;fiscal year period described in paragraph 7#a74 #fjcjf4 ,policy research1 data collection1 analysis and modeling1 evaluation1 and dissemination 7a7 ,reporting requirements 7#a7 ,in general ,not later than #a year after the date on which the ,assistant ,secretary begins awarding grants under section #fjcjd7;d77#a71 and annually thereafter1 the ,assistant ,secretary shall-- 7,a7 submit to the appropriate committees of ,congress a report that documents1 for the year covered by the report-- 7i7 the findings of each evaluation conducted under subparagraph 7,b72 7ii7 a list of each grant awarded under each covered program1 which shall include-- 7,i7 the amount of each such grant2 7,,ii7 the recipient of each such grant2 and 7,,iii7 the purpose for which each such grant was awarded2 7iii7 any deobligation1 termination1 or modification of a grant awarded under the covered programs1 which shall include a description of the subsequent usage of any funds to which such an action applies2 and 7iv7 each challenge made by an applicant for1 or a recipient of1 a grant under the covered programs and the outcome of each such challenge2 and 7,b7 conduct evaluations of the activities carried out under the covered programs1 which shall include an evaluation of-- 7i7 whether eligible ,states to which grants are awarded under the program established under section #fjcjd are-- 7,i7 abiding by the assurances made by those ,states under subsection 7e7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of the ,digital ,equity ,plans developed by the ,states under subsection 7c7 of that section2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7g7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program2 and 7ii7 whether entities to which grants are awarded under the program established under section #fjcje are-- 7,i7 abiding by the assurances made by those entities under subsection 7f7 of that section2 7,,ii7 meeting1 or have met1 the stated goals of those entities with respect to the use of the grant amounts2 7,,iii7 satisfying the requirements imposed by the ,assistant ,secretary on those ,states under subsection 7h7 of that section2 and 7,,iv7 in compliance with any other rules1 requirements1 or regulations promulgated by the ,assistant ,secretary in implementing that program4 7#b7 ,public availability ,the ,assistant ,secretary shall make each report submitted under paragraph 7#a77;,a7 publicly available in an online format that-- 7,a7 facilitates access and ease of use2 7,b7 is searchable2 and 7,c7 is accessible-- 7i7 to individuals with disabilities2 and 7ii7 in languages other than ,english4 7b7 ,authority to contract and enter into other arrangements ,the ,assistant ,secretary may award grants and enter into contracts1 cooperative agreements1 and other arrangements with ,federal agencies1 public and private organizations1 and other entities with expertise that the ,assistant ,secretary determines appropriate in order to-- 7#a7 evaluate the impact and efficacy of activities supported by grants awarded under the covered programs2 and 7#b7 develop1 catalog1 disseminate1 and promote the exchange of best practices1 both with respect to and independent of the covered programs1 in order to achieve digital equity4 7c7 ,consultation and public engagement ,in carrying out subsection 7a71 and to further the objectives described in paragraphs 7#a7 and 7#b7 of subsection 7b71 the ,assistant ,secretary shall conduct ongoing collaboration and consult with-- 7#a7 the ,secretary of ,agriculture2 7#b7 the ,secretary of ,housing and ,urban ,development2 7#c7 the ,secretary of ,education2 7#d7 the ,secretary of ,labor2 7#e7 the ,secretary of ,health and ,human ,services2 7#f7 the ,secretary of ,veterans ,affairs2 7#g7 the ,secretary of the ,interior2 7#h7 the ,federal ,communications ,commission2 7#i7 the ,federal ,trade ,commission2 7#aj7 the ,director of the ,institute of ,museum and ,library ,services2 7#aa7 the ,administrator of the ,small ,business ,administration2 7#ab7 the ,federal ,co-,chair of the ,appalachian ,regional ,commission2 7#ac7 ,state agencies and governors of ,states 7or equivalent officials72 7#ad7 entities serving as administering entities for ,states under section #fjcjd7;b72 7#ae7 national1 ,state1 tribal1 and local organizations that provide digital inclusion1 digital equity1 or digital literacy services2 7#af7 researchers1 academics1 and philanthropic organizations2 and 7#ag7 other agencies1 organizations 7including international organizations71 entities 7including entities with expertise in the fields of data collection1 analysis and modeling1 and evaluation71 and community stakeholders1 as determined appropriate by the ,assistant ,secretary4 7d7 ,technical support and assistance ,the ,assistant ,secretary shall provide technical support and assistance1 assistance to entities to prepare the applications of those entities with respect to grants awarded under the covered programs1 and other resources1 to the extent practicable1 to ensure consistency in data reporting and to meet the objectives of this section4 7e7 ,authorization of appropriations ,there are authorized to be appropriated such sums as may be necessary to carry out this section1 which shall remain available until expended4 #fjcjg4 ,general provisions 7a7 ,nondiscrimination 7#a7 ,in general ,no individual in the ,united ,states may1 on the basis of actual or perceived race1 color1 religion1 national origin1 sex1 gender identity1 sexual orientation1 age1 or disability1 be excluded from participation in1 be denied the benefits of1 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 title4 7#b7 ,enforcement ,the ,assistant ,secretary shall effectuate paragraph 7#a7 with respect to any program or activity described in that paragraph by issuing regulations and taking actions consistent with section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a74 7#c7 ,judicial review ,judicial review of an action taken by the ,assistant ,secretary under paragraph 7#b7 shall be available to the extent provided in section #fjc of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#b74 7b7 ,technological neutrality ,the ,assistant ,secretary shall1 to the extent practicable1 carry out this title in a technologically neutral manner4 7c7 ,audit and oversight ,beginning in the first fiscal year in which amounts are made available to carry out an activity authorized under this title1 and in each of the #d fiscal years thereafter1 there is authorized to be appropriated to the ,office of ,inspector ,general for the ,department of ,commerce #a1jjj1jjj for audits and oversight of funds made available to carry out this title1 which shall remain available until expended4 ,,iv ,enabling middle mile broadband infrastructure #fjdja4 ,enabling middle mile broadband infrastructure 7a7 ,definitions ,in this section3 7#a7 ,anchor institution ,the term anchor institution means a school1 library1 medical or healthcare provider1 community college or other institution of higher education1 or other community support organization or entity4 7#b7 ,assistant ,secretary ,the term ,assistant ,secretary means the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#d7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state1 political subdivision of a ,state1 ,tribal government1 technology company1 electric utility1 utility cooperative1 public utility district1 telecommunications company1 telecommunications cooperative1 nonprofit foundation1 nonprofit corporation1 nonprofit institution1 nonprofit association1 regional planning counsel1 ,native entity1 or economic development authority2 or 7,b7 a partnership of #b or more entities described in subparagraph 7,a74 7#e7 ,,fcc fixed broadband map ,the term ,,fcc fixed broadband map means the map created by the ,commission under section #hjb7;c77#a77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdb7;c77#a77;,b774 7#f7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd774 7#g7 ,interconnect ,the term interconnect means the physical linking of #b networks for the mutual exchange of traffic on non-discriminatory terms and conditions4 7#h7 ,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 networks4 7#i7 ,middle mile infrastructure ,the term middle mile infrastructure-- 7,a7 means any broadband infrastructure that does not connect directly to an end-user location1 including an anchor institution2 and 7,b7 includes-- 7i7 leased dark fiber1 interoffice transport1 backhaul1 carrier-neutral internet exchange facilities1 carrier-neutral submarine cable landing stations1 undersea cables1 transport connectivity to data centers1 special access transport1 and other similar services2 and 7ii7 wired or private wireless broadband infrastructure1 including microwave capacity1 radio tower access1 and other services or infrastructure for a private wireless broadband network1 such as towers1 fiber1 and microwave links4 7#aj7 ,middle mile grant ,the term middle mile grant means a grant awarded under subsection 7c74 7#aa7 ,native entity ,the term ,native entity means-- 7,a7 an ,indian ,tribe2 7,b7 an ,alaska ,native ,corporation2 7,c7 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag772 7,d7 the ,department of ,hawaiian ,home ,lands2 and 7,e7 the ,office of ,hawaiian ,affairs4 7#ab7 ,state ,the term ,state has the meaning given the term in section #c of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #aec74 7#ac7 ,submarine cable landing station ,the term submarine cable landing station means a cable landing station1 as that term is used in section #a4gfg7;a77#e7 of title #dg1 ,code of ,federal ,regulations 7or any successor regulation71 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 ,states1 approved ,may #bg1 #aiba 7#dg ,u4,s4,c4 #cd7 7commonly known as the ,cable ,landing ,licensing ,act74 7#ad7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this ,act pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#ae7 ,trust land ,the term trust land has the meaning given the term in section #cgfe of title #ch1 ,united ,states ,code4 7#af7 ,underserved ,the term underserved1 with respect to an area1 means an area-- 7,a7 that is designated as a ,tribally underserved area through the process described in subsection 7g72 or 7,b7 that-- 7i7 is of a standard size not larger than a census block1 as established by the ,commission2 7ii7 is not an unserved area2 and 7iii7 as determined in accordance with the ,,fcc fixed broadband map1 does not have access to broadband service with-- 7,i7 except as provided in subclause 7,,ii7-- 7aa7 a download speed of not less than #ajj megabits per second2 and 7bb7 an upload speed of not less than #bj megabits per second2 or 7,,ii7 minimum download and upload speeds established as benchmarks by the ,commission for purposes of this ,act after the date of enactment of this ,act1 if those minimum speeds are higher than the minimum speeds required under subclause 7,i74 7#ag7 ,unserved ,the term unserved1 with respect to an area1 means an area-- 7,a7 that is designated as a ,tribally underserved area through the process described in subsection 7g72 or 7,b7 that-- 7i7 is of a standard size not larger than a census block1 as established by the ,commission2 and 7ii7 as determined in accordance with the ,,fcc fixed broadband map1 does not have access to broadband service with-- 7,i7 except as provided in subclause 7,,ii7-- 7aa7 a download speed of not less than #be megabits per second2 and 7bb7 an upload speed of not less than #c megabits per second2 or 7,,ii7 minimum download and upload speeds established as benchmarks by the ,commission for purposes of this ,act after the date of enactment of this ,act1 if those minimum speeds are higher than the minimum speeds required under subclause 7,i74 7b7 ,purpose2 sense of ,congress 7#a7 ,purpose ,the purposes of this section are-- 7,a7 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 7commonly referred to as the last mile72 and 7,b7 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 network4 7#b7 ,sense of ,congress ,it is the sense of ,congress that-- 7,a7 in awarding middle mile grants1 the ,assistant ,secretary should give priority to-- 7i7 projects that leverage existing rights-of-way1 assets1 and infrastructure to minimize financial1 regulatory1 and permitting challenges2 7ii7 projects in which the eligible entity designs the route of the middle mile infrastructure to enable the connection of unserved anchor institutions1 including ,tribal anchor institutions2 and 7iii7 projects that facilitate the development of carrier-neutral interconnection facilities2 and 7iv7 projects that-- 7,i7 improve the redundancy and resiliency of existing middle mile infrastructure2 and 7,,ii7 reduce regulatory and permitting barriers to promote the construction of new middle mile infrastructure2 and 7,b7 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-- 7i7 facilitate increased broadband resiliency or redundancy of existing middle mile infrastructure2 or 7ii7 provide connectivity to unserved areas and underserved areas within the service territory of the utility and nearby communities4 7c7 ,middle mile grants ,the ,assistant ,secretary shall establish a program under which the ,assistant ,secretary makes grants on a technology-neutral1 competitive basis to eligible entities for the construction1 improvement1 or acquisition of middle mile infrastructure4 7d7 ,applications for grants 7#a7 ,in general ,the ,assistant ,secretary shall establish an application process for middle mile grants in accordance with this subsection4 7#b7 ,evaluation of applications ,in establishing an application process for middle mile grants under paragraph 7#a71 the ,assistant ,secretary shall give priority to an application from an eligible entity that satisfies #b or more of the following conditions3 7,a7 ,the eligible entity adopts fiscally sustainable middle mile strategies4 7,b7 ,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 request4 7,c7 ,the eligible entity identifies specific terrestrial and wireless last mile broadband providers that have-- 7i7 expressed written interest in interconnecting with middle mile infrastructure planned to be deployed by the eligible entity2 and 7ii7 demonstrated sustainable business plans or adequate funding sources with respect to the interconnect described in clause 7i74 7,d7 ,the eligible entity has identified supplemental investments or in-kind support 7such as waived franchise or permitting fees7 that will accelerate the completion of the planned project4 7,e7 ,the eligible entity has demonstrated that the middle mile infrastructure will benefit national security interests of the ,united ,states and the ,department of ,defense4 7#c7 ,grant application competence ,the ,assistant ,secretary shall include in the application process established under paragraph 7#a7 a requirement that an eligible entity provide evidence that the eligible entity is capable of carrying out a proposed project in a competent manner1 including by demonstrating that the eligible entity has the financial1 technical1 and operational capability to carry out the proposed project and operate the resulting middle mile broadband network4 7e7 ,eligibility 7#a7 ,prioritization ,to be eligible to obtain a middle mile grant1 an eligible entity shall agree1 in the application submitted through the process established under subsection 7d71 to prioritize-- 7,a7 connecting middle mile infrastructure to last mile networks that provide or plan to provide broadband service to households in unserved areas2 7,b7 connecting non-contiguous trust lands2 or 7,c7 the offering of wholesale broadband service at reasonable rates on a carrier-neutral basis4 7#b7 ,buildout timeline ,subject to paragraph 7#e71 to be eligible to obtain a middle mile grant1 an eligible entity shall agree1 in the application submitted through the process established under subsection 7d71 to complete buildout of the middle mile infrastructure described in the application by not later than #e years after the date on which amounts from the grant are made available to the eligible entity4 7#c7 ,project eligibility requirements 7,a7 ,capability to support retail broadband service ,a project shall be eligible for a middle mile grant if1 at the time of the application1 the ,assistant ,secretary determines that the proposed middle mile broadband network will be capable of supporting retail broadband service4 7,b7 ,mapping data 7i7 ,use of most recent data ,in mapping out gaps in broadband coverage1 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 sources3 7,i7 ,the ,,fcc fixed broadband map4 7,,ii7 ,the ,state in which the area that will be served by the middle mile infrastructure is located1 or the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable74 7,,iii7 ,speed and usage surveys of existing broadband service that-- 7aa7 demonstrate that more than #be percent of the respondents display a broadband service speed that is slower than the speeds required for an area to qualify as unserved2 and 7bb7 are conducted by-- 7,,aa7 the eligible entity2 7,,bb7 the ,state in which the area that will be served by the middle mile infrastructure is located2 or 7,,cc7 the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable74 7ii7 ,sharing facility locations 7,i7 ,definition ,in this clause1 the term covered recipient1 with respect to an eligible entity1 means-- 7aa7 the ,assistant ,secretary2 7bb7 the ,commission2 7cc7 the ,tribal government with jurisdiction over the area that will be served by the middle mile infrastructure 7if applicable72 and 7dd7 the ,state broadband office for the ,state in which the area that will be served by the middle mile infrastructure is located4 7,,ii7 ,provision of information ,subject to subclauses 7,,iii7 and 7,,iv71 an eligible entity that constructs1 improves1 or acquires middle mile infrastructure using a middle mile grant shall share with each covered recipient the location of all the middle mile broadband infrastructure4 7,,iii7 ,format ,an eligible entity shall provide the information required under subclause 7,,ii7 to each covered recipient in a uniform format determined by the ,assistant ,secretary4 7,,iv7 ,protection of information 7aa7 ,in general ,the information provided by an eligible entity under subclause 7,,ii7 may only be used for purposes of carrying out the grant program under subsection 7c7 and any reporting related thereto4 7bb7 ,legal defenses 7,,aa7 ,in general ,a covered recipient may not receive information under subclause 7,,ii7 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 ,federal1 ,state1 or local public disclosure law4 7,,bb7 ,rule of construction ,nothing in subitem 7,,aa7 is intended to be or shall be construed as a waiver of ,tribal sovereign immunity4 7,c7 ,connection to anchor institutions ,to the extent feasible1 an eligible entity that receives a middle mile grant to build middle mile infrastructure using fiber optic technology shall-- 7i7 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-- 7,i7 #a gigabit per second for downloads2 and 7,,ii7 #a gigabit per second for uploads to an anchor institution2 and 7ii7 include direct interconnect facilities that will facilitate the provision of broadband service to anchor institutions located within #a1jjj feet of the middle mile infrastructure4 7,d7 ,interconnection and nondiscrimination 7i7 ,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 perpetuity1 where technically feasible without exceeding current or reasonably anticipated capacity limitations1 on reasonable rates and terms to be negotiated with requesting parties4 7ii7 ,nature of interconnection ,the interconnection required to be offered under clause 7i7 includes both the ability to connect to the public internet and physical interconnection for the exchange of traffic4 7iii7 ,inclusion in application ,an applicant for a middle mile grant shall disclose the applicant's proposed interconnection1 nondiscrimination1 and network management practices in the application submitted through the process established under subsection 7d74 7#d7 ,accountability ,the ,assistant ,secretary shall-- 7,a7 establish sufficient transparency1 accountability1 reporting1 and oversight measures for the grant program established under subsection 7c7 to deter waste1 fraud1 and abuse of program funds2 and 7,b7 establish-- 7i7 buildout requirements for each eligible entity that receives a middle mile grant1 which shall require the completion of a certain percentage of project miles by a certain date2 and 7ii7 penalties1 which may include rescission of funds1 for grantees that do not meet requirements described in clause 7i7 or the deadline under paragraph 7#b74 7#e7 ,extensions 7,a7 ,in general ,at the request of an eligible entity1 the ,assistant ,secretary may extend the buildout deadline under paragraph 7#b7 by not more than #a year if the eligible entity certifies that-- 7i7 the eligible entity has a plan for use of the middle mile grant2 7ii7 the project to build out middle mile infrastructure is underway2 or 7iii7 extenuating circumstances require an extension of time to allow completion of the project to build out middle mile infrastructure4 7,b7 ,effect on interim buildout requirements ,if the ,assistant ,secretary grants an extension under subparagraph 7,a71 the ,assistant ,secretary shall modify any buildout requirements established under paragraph 7#d77;,b77i7 as necessary4 7f7 ,federal share ,the amount of a middle mile grant awarded to an eligible entity may not exceed #gj percent of the total project cost4 7g7 ,special rules for ,tribal governments 7#a7 ,waivers2 alternative requirements ,the ,assistant ,secretary1 in consultation with ,tribal governments and ,native entities1 may waive1 or specify alternative requirements for1 any provision of subsections 7c7 through 7f7 if the ,assistant ,secretary finds that the waiver or alternative requirement is necessary-- 7,a7 for the effective delivery and administration of middle mile grants to ,tribal governments2 or 7,b7 the construction1 improvement1 or acquisition of middle mile infrastructure on trust land4 7#b7 ,tribally unserved areas2 ,tribally underserved areas ,the ,assistant ,secretary1 in consultation with ,tribal governments and ,native entities1 shall develop a process for designating ,tribally unserved areas and ,tribally underserved areas for purposes of this section4 7h7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #a1jjj1jjj1jjj for fiscal years #bjbb through #bjbf4 ,v ,broadband affordability #fjeja4 ,definitions ,in this title-- 7#a7 the term broadband internet access service has the meaning given the term in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation2 and 7#b7 the term ,commission means the ,federal ,communications ,commission4 #fjejb4 ,broadband affordability 7a7 ,extension and modification of ,emergency ,broadband ,benefit 7#a7 ,extension ,section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 is amended-- 7,a7 in the heading1 by striking during emergency period relating to ,,covid-#ai2 7,b7 in subsection 7a7-- 7i7 by striking paragraph 7#h72 and 7ii7 by redesignating paragraphs 7#i7 through 7#ac7 as paragraphs 7#h7 through 7#ab71 respectively2 and 7,c7 in subsection 7b7-- 7i7 in paragraph 7#a71 by striking during the emergency period2 7ii7 in paragraph 7#d71 by striking during the emergency period2 and 7iii7 in paragraph 7#e71 by striking during the emergency period14 7#b7 ,change to ,program name ,section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by paragraph 7#a7 of this subsection1 is amended-- 7,a7 in subsection 7a77#g71 in the heading1 by striking ,emergency broadband and inserting ,affordable connectivity2 7,b7 in subsection 7b71 in the heading1 by striking ,emergency ,broadband ,benefit and inserting ,affordable ,connectivity2 7,c7 in subsection 7i71 in the heading1 by striking ,emergency ,broadband and inserting ,affordable2 7,d7 by striking ,emergency ,broadband ,benefit each place the term appears and inserting ,affordable ,connectivity2 7,e7 by striking ,emergency ,broadband each place the term appears and inserting ,affordable2 and 7,f7 by striking emergency broadband each place the term appears and inserting affordable connectivity4 7#c7 ,other initial modifications ,section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by paragraph 7#b7 of this subsection1 is amended-- 7,a7 in subsection 7a77#g7-- 7i7 by striking ,the term and inserting the following3 7,a7 ,in general ,subject to subparagraph 7,b71 the term 2 and 7ii7 by adding at the end the following3 7,b7 ,high-cost areas ,the ,commission shall1 by regulation1 establish a mechanism by which a participating provider in a high-cost area 7as defined in section #fjajb7;a77#b7 of the ,infrastructure ,investment and ,jobs ,act7 may provide an affordable connectivity benefit in an amount up to the amount specified in subparagraph 7,a7 for an internet service offering provided on ,tribal land upon a showing that the applicability of the lower limit under subparagraph 7,a7 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 network4 2 7,b7 in subsection 7b7-- 7i7 by redesignating paragraphs 7#g7 through 7#aj7 as paragraphs 7#ab7 through 7#ae71 respectively2 7ii7 by inserting after paragraph 7#f7 the following3 7#g7 ,requirement to allow customers to apply affordable connectivity benefit to any internet service offering 7,a7 ,in general ,a participating provider-- 7i7 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 households2 and 7ii7 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 provider4 7,b7 ,nonpayment ,nothing in subparagraph 7,a7 shall prevent a participating provider from terminating the provision of broadband internet access service to a subscriber after #ij days of nonpayment4 7#h7 ,public awareness ,a participating provider1 in collaboration with the applicable ,state agencies1 public interest groups1 and non-profit organizations1 in order to increase the adoption of broadband internet access service by consumers1 shall carry out public awareness campaigns in service areas that are designed to highlight-- 7,a7 the value and benefits of broadband internet access service2 and 7,b7 the existence of the ,affordable ,connectivity ,program4 7#i7 ,oversight ,the ,commission-- 7,a7 shall establish a dedicated complaint process for consumers who participate in the ,affordable ,connectivity ,program to file complaints about the compliance of participating providers with1 including with respect to the quality of service received under1 the ,program2 7,b7 shall require a participating provider to supply information about the existence of the complaint process described in subparagraph 7,a7 to subscribers who participate in the ,affordable ,connectivity ,program2 7,c7 7i7 shall act expeditiously to investigate potential violations of and enforce compliance with this section1 including under clause 7ii7 of this subparagraph2 and 7ii7 in enforcing compliance with this section1 may impose forfeiture penalties under section #ejc of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #ejc72 and 7,d7 shall regularly issue public reports about complaints regarding the compliance of participating providers with the ,affordable ,connectivity ,program4 7#aj7 ,information on ,affordable ,connectivity ,program 7,a7 ,participating providers ,when a customer subscribes to1 or renews a subscription to1 an internet service offering of a participating provider1 the participating provider shall notify the customer about the existence of the ,affordable ,connectivity ,program and how to enroll in the ,program4 7,b7 ,federal agencies ,the ,commission shall collaborate with relevant ,federal agencies1 including to ensure relevant ,federal agencies update their ,system of ,records ,notices1 to ensure that a household that participates in any program that qualifies the household for the ,affordable ,connectivity ,program is provided information about the ,program1 including how to enroll in the ,program4 7,c7 ,commission outreach 7i7 ,in general ,the ,commission may conduct outreach efforts to encourage eligible households to enroll in the ,affordable ,connectivity ,program4 7ii7 ,activities ,in carrying out clause 7i71 the ,commission may-- 7,i7 facilitate consumer research2 7,,ii7 conduct focus groups2 7,,iii7 engage in paid media campaigns2 7,,iv7 provide grants to outreach partners2 and 7,v7 provide an orderly transition for participating providers and consumers from the ,emergency ,broadband ,benefit ,program established under paragraph 7#a7 7as that paragraph was in effect on the day before the date of enactment of the ,infrastructure ,investment and ,jobs ,act7 to the ,affordable ,connectivity ,program4 7#aa7 ,consumer protection issues 7,a7 ,in general ,the ,commission shall1 after providing notice and opportunity for comment in accordance with section #eec of title #e1 ,united ,states ,code1 promulgate rules to protect consumers who participate in1 or seek to participate in1 the ,affordable ,connectivity ,program from-- 7i7 inappropriate upselling or downselling by a participating provider2 7ii7 inappropriate requirements that a consumer opt in to an extended service contract as a condition of participating in the ,affordable ,connectivity ,program2 7iii7 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 provider2 7iv7 inappropriate restrictions on the ability of a consumer to switch participating providers1 other than a requirement that the customer return any customer premises equipment provided by a participating provider2 and 7v7 similar restrictions that amount to unjust and unreasonable acts or practices that undermine the purpose1 intent1 or integrity of the ,affordable ,connectivity ,program4 7,b7 ,exceptions ,in complying with this paragraph1 the ,commission may take advantage of the exceptions set forth in subsections 7e7 and 7f74 2 and 7iii7 in paragraph 7#ad71 as so redesignated1 by striking paragraph 7#g7 and inserting paragraph 7#ab74 7b7 ,delayed amendments to ,affordable ,connectivity ,program 7#a7 ,in general ,effective on the date on which the ,commission submits the certification required under paragraph 7#d71 or ,december #ca1 #bjba1 whichever is earlier1 section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by subsection 7a7 of this section1 is amended-- 7,a7 in subsection 7a7-- 7i7 in paragraph 7#f7-- 7,i7 in subparagraph 7,a71 by inserting before the semicolon at the end the following3 except that such subsection 7a71 including for purposes of such subsection 7b71 shall be applied by substituting #bjj percent for #ace percent2 7,,ii7 by striking subparagraph 7,c72 7,,iii7 by redesignating subparagraphs 7,d7 and 7,e7 as subparagraphs 7,c7 and 7,d71 respectively2 7,,iv7 in subparagraph 7,c71 as so redesignated1 by striking or at the end2 7,v7 in subparagraph 7,d71 as so redesignated-- 7aa7 by striking or ,,covid-#ai2 and 7bb7 by striking the period at the end and inserting 2 or2 and 7,,vi7 by adding at the end the following3 7,e7 at least one member of the household receives assistance through the special supplemental nutritional program for women1 infants1 and children established by section #ag of the ,child ,nutrition ,act of #aiif 7#db ,u4,s4,c4 #aghf74 2 7ii7 in paragraph 7#g7-- 7,i7 by striking which shall be no more than the standard rate for an internet service offering and associated equipment12 and 7,,ii7 by striking #ej and inserting #cj2 7iii7 in paragraph 7#h71 as so redesignated by subsection 7a7 of this section1 by striking 1 offered in the same manner1 and on the same terms1 as described in any of such provider's offerings for broadband internet access service to such household1 as on ,december #a1 #bjbj2 and 7iv7 by striking paragraph 7#ab71 as so redesignated by subsection 7a7 of this section2 and 7,b7 in subsection 7b77#f7-- 7i7 by striking subparagraph 7,a72 7ii7 by redesignating subparagraphs 7,b71 7,c71 and 7,d7 as subparagraphs 7,a71 7,b71 and 7,c71 respectively2 and 7iii7 in subparagraph 7,a71 as so redesignated-- 7,i7 by striking clause 7i72 and 7,,ii7 by redesignating clauses 7ii71 7iii71 and 7iv7 as clauses 7i71 7ii71 and 7iii71 respectively4 7#b7 ,applicability of amendment to eligibility ,a household that qualified for the ,affordable ,connectivity ,program under section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 before the effective date in paragraph 7#a7 and1 as of that effective date1 would1 but for this subparagraph1 see a reduction in the amount of the affordable connectivity benefit under the ,program1 shall1 during the #fj-;day period beginning on that effective date1 be eligible for the affordable connectivity benefit in the amount in effect with respect to that household1 as of the day before that effective date4 7#c7 ,transition ,after the effective date under paragraph 7#a71 an eligible household that was participating in the ,emergency ,broadband ,benefit ,program under section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 on the day before the date of enactment of this ,act and qualifies for the ,affordable ,connectivity ,program established under that section 7as amended by this section7 shall continue to have access to an affordable service offering4 7#d7 ,certification required ,on the date on which the amounts appropriated under section #ijd7;i77#b7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 have been fully expended1 the ,commission shall submit to ,congress a certification regarding that fact4 7c7 ,broadband transparency rules 7#a7 ,rules ,not later than #a year after the date of enactment of this ,act1 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 #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 7as amended by this section7 to which an eligible household subscribes4 7#b7 ,updates ,not later than #ahj days after the date on which rules are issued under paragraph 7#a71 and when determined to be necessary by the ,commission thereafter1 the ,commission shall revise the rules to verify the accuracy of data submitted pursuant to the rules4 7#c7 ,redundancy avoidance ,nothing in this subsection shall be construed to require the ,commission1 in order to meet a requirement of this subsection1 to duplicate an activity that the ,commission is undertaking as of the date of enactment of this ,act1 if-- 7,a7 the ,commission refers to the activity in the rules issued under paragraph 7#a72 7,b7 the activity meets the requirements of this subsection2 and 7,c7 the ,commission discloses the activity to the public4 7#d7 ,availability of data 7,a7 ,public availability ,the ,commission shall make data relating to broadband internet access service collected under the rules issued under paragraph 7#a7 available to the public in a commonly used electronic format without risking the disclosure of personally identifiable information or proprietary information1 consistent with section #j4dei of title #dg1 ,code of ,federal ,regulations 7or any successor regulation74 7,b7 ,determination of personally identifiable information ,the ,commission-- 7i7 shall define the term personally identifiable information1 for purposes of subparagraph 7,a7 through notice and comment rulemaking2 and 7ii7 may not make any data available to the public under subparagraph 7,a7 before completing the rulemaking under clause 7i7 of this subparagraph4 7d7 ,guidance ,the ,commission may issue such guidance1 forms1 instructions1 or publications1 or provide such technical assistance1 as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section and the amendments made by this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner4 7e7 ,coordination ,the ,secretary of ,agriculture1 the ,secretary of ,education1 and the ,secretary of ,health and ,human ,services shall-- 7#a7 not later than #fj days after the date of enactment of this ,act1 enter into a memorandum of understanding with the ,universal ,service ,administrative ,company to provide for the expeditious sharing of data through the ,national ,verifier 7as that term is defined in section #ed4djj of title #dg1 ,code of ,federal ,regulations1 or any successor regulation71 or any successor system1 for the purposes of verifying consumer eligibility for the program established under section #ijd of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by this section2 and 7#b7 not later than #ij days after the date of enactment of this ,act1 begin to share data under the memorandum of understanding described in paragraph 7#a7 for the purposes described in that paragraph4 #fjejc4 ,coordination with certain other ,federal agencies ,section #hjd7;b77#b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #fdd7;b77#b771 as added by section #b of the ,broadband ,,data ,act 7,public ,law #aaf-acj71 is amended-- 7#a7 in subparagraph 7,a71 by adding and at the end2 and 7#b7 by striking subparagraphs 7,b7 and 7,c7 and inserting the following3 7,b7 coordinate with the ,postmaster ,general1 the heads of other ,federal agencies that operate delivery fleet vehicles1 and the ,director of the ,bureau of the ,census for assistance with data collection whenever coordination could feasibly yield more specific geographic data4 4 #fjejd4 ,adoption of consumer broadband labels 7a7 ,final rule ,not later than #a year after the date of enactment of this ,act1 the ,commission shall promulgate regulations to require the display of broadband consumer labels1 as described in the ,public ,notice of the ,commission issued on ,april #d1 #bjaf 7,,da #af-ceg71 to disclose to consumers information regarding broadband internet access service plans4 7b7 ,introductory rate information 7#a7 ,in general ,the broadband consumer label required under subsection 7a7 shall also include information regarding whether the offered price is an introductory rate and1 if so1 the price the consumer will be required to pay following the introductory period4 7#b7 ,use in broadband data collection ,the ,commission shall rely on the price information displayed on the broadband consumer label required under subsection 7a7 for any collection of data relating to the price and subscription rates of each covered broadband internet access service under section #fjejb7;c74 7c7 ,hearings ,in issuing the final rule under subsection 7a71 the ,commission shall conduct a series of public hearings to assess1 at the time of the proceeding-- 7#a7 how consumers evaluate broadband internet access service plans2 and 7#b7 whether disclosures to consumers of information regarding broadband internet access service plans1 including the disclosures required under section #h4a of title #dg1 ,code of ,federal ,regulations1 are available1 effective1 and sufficient4 #fjeje4 ,,gao report 7a7 ,definitions ,in this section1 the term appropriate committees of ,congress means-- 7#a7 the ,committee on ,appropriations of the ,senate2 7#b7 the ,committee on ,appropriations of the ,house of ,representatives2 7#c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#d7 the ,committee on ,environment and ,public ,works of the ,senate2 7#e7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7#f7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7#g7 the ,committee on ,agriculture of the ,house of ,representatives2 and 7#h7 the ,committee on ,transportation and ,infrastructure of the ,house of the ,representatives4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 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 establishing1 reviewing1 and updating the upload and download speed thresholds for broadband internet access service1 including-- 7#a7 how the ,commission reviews and updates broadband internet access speed thresholds2 7#b7 whether the ,commission should consider future broadband internet access service speed needs when establishing broadband internet access service speed thresholds1 including whether the ,commission considers the need1 or the anticipated need1 for higher upload or download broadband internet access service speeds in the #e-year period and the #aj-year period after the date on which a broadband internet access service speed threshold is to be established2 and 7#c7 whether the ,commission should consider the impacts of changing uses of the internet in establishing1 reviewing1 or updating broadband internet access service speed thresholds1 including-- 7,a7 the proliferation of internet-based business2 7,b7 working remotely and running a business from home2 7,c7 video teleconferencing2 7,d7 distance learning2 7,e7 in-house web hosting2 and 7,f7 cloud data storage4 #fjejf4 ,digital discrimination 7a7 ,statement of policy ,it is the policy of the ,united ,states that1 insofar as technically and economically feasible-- 7#a7 subscribers should benefit from equal access to broadband internet access service within the service area of a provider of such service2 7#b7 the term equal access1 for purposes of this section1 means the equal opportunity to subscribe to an offered service that provides comparable speeds1 capacities1 latency1 and other quality of service metrics in a given area1 for comparable terms and conditions2 and 7#c7 the ,commission should take steps to ensure that all people of the ,united ,states benefit from equal access to broadband internet access service4 7b7 ,adoption of rules ,not later than #b years after the date of enactment of this ,act1 the ,commission shall adopt final rules to facilitate equal access to broadband internet access service1 taking into account the issues of technical and economic feasibility presented by that objective1 including-- 7#a7 preventing digital discrimination of access based on income level1 race1 ethnicity1 color1 religion1 or national origin2 and 7#b7 identifying necessary steps for the ,commissions to take to eliminate discrimination described in paragraph 7#a74 7c7 ,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-- 7#a7 the income level of an area2 7#b7 the predominant race or ethnicity composition of an area2 or 7#c7 other factors the ,commission determines to be relevant based on the findings in the record developed from the rulemaking under subsection 7b74 7d7 ,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 discrimination4 7e7 ,complaints ,the ,commission shall revise its public complaint process to accept complaints from consumers or other members of the public that relate to digital discrimination4 ,,vi ,telecommunications industry workforce #fjfja4 ,short title ,this title may be cited as the ,telecommunications ,skilled ,workforce ,act4 #fjfjb4 ,telecommunications interagency working group 7a7 ,in general ,part ,i of title ,,iii of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cja et seq47 is amended by adding at the end the following3 #cdd4 ,telecommunications interagency working group 7a7 ,definition ,in this section1 the term telecommunications interagency working group means the interagency working group established under subsection 7b77#a74 7b7 ,establishment 7#a7 ,in general ,not later than #fj days after the date of enactment of this section1 the ,chairman of the ,commission1 in partnership with the ,secretary of ,labor1 shall establish within the ,commission an interagency working group to develop recommendations to address the workforce needs of the telecommunications industry1 including the safety of that workforce4 7#b7 ,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 appointed1 consistent with subsection 7d74 7c7 ,duties ,in developing recommendations under subsection 7b71 the telecommunications interagency working group shall-- 7#a7 determine whether1 and if so how1 any ,federal laws1 regulations1 guidance1 policies1 or practices1 or any budgetary constraints1 may be amended to strengthen the ability of institutions of higher education 7as defined in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja77 or for-profit businesses to establish1 adopt1 or expand programs intended to address the workforce needs of the telecommunications industry1 including the workforce needed to build and maintain the #e;,g wireless infrastructure necessary to support #e;,g wireless technology2 7#b7 identify potential policies and programs that could encourage and improve coordination among ,federal agencies1 between ,federal agencies and ,states1 and among ,states1 on telecommunications workforce needs2 7#c7 identify ways in which existing ,federal programs1 including programs that help facilitate the employment of veterans and military personnel transitioning into civilian life1 could be leveraged to help address the workforce needs of the telecommunications industry2 7#d7 identify ways to improve recruitment in workforce development programs in the telecommunications industry2 7#e7 identify ,federal incentives that could be provided to institutions of higher education1 for-profit businesses1 ,state workforce development boards established under section #aja of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa71 or other relevant stakeholders to establish or adopt new programs1 expand current programs1 or partner with registered apprenticeship programs1 to address the workforce needs of the telecommunications industry1 including such needs in rural areas2 7#f7 identify ways to improve the safety of telecommunications workers1 including tower climbers2 and 7#g7 identify ways that trends in wages1 benefits1 and working conditions in the telecommunications industry impact recruitment of employees in the sector4 7d7 ,members ,the telecommunications interagency working group shall be composed of the following representatives of ,federal agencies and relevant non-,federal industry and labor stakeholder organizations3 7#a7 ,a representative of the ,department of ,education1 appointed by the ,secretary of ,education4 7#b7 ,a representative of the ,national ,telecommunications and ,information ,administration1 appointed by the ,assistant ,secretary of ,commerce for ,communications and ,information4 7#c7 ,a representative of the ,commission1 appointed by the ,chairman of the ,commission4 7#d7 ,a representative of a registered apprenticeship program in construction or maintenance1 appointed by the ,secretary of ,labor4 7#e7 ,a representative of a telecommunications industry association1 appointed by the ,chairman of the ,commission4 7#f7 ,a representative of an ,indian ,tribe or ,tribal organization1 appointed by the ,chairman of the ,commission4 7#g7 ,a representative of a rural telecommunications carrier1 appointed by the ,chairman of the ,commission4 7#h7 ,a representative of a telecommunications contractor firm1 appointed by the ,chairman of the ,commission4 7#i7 ,a representative of an institution of higher education described in section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a771 appointed by the ,secretary of ,education4 7#aj7 ,a public interest advocate for tower climber safety1 appointed by the ,secretary of ,labor4 7#aa7 ,a representative of the ,directorate of ,construction of the ,occupational ,safety and ,health ,administration1 appointed by the ,secretary of ,labor4 7#ab7 ,a representative of a labor organization representing the telecommunications workforce1 appointed by the ,secretary of ,labor4 7e7 ,no compensation ,a member of the telecommunications interagency working group shall serve without compensation4 7f7 ,other matters 7#a7 ,chair and vice chair ,the telecommunications interagency working group shall name a chair and a vice chair1 who shall be responsible for organizing the business of the working group4 7#b7 ,subgroups ,the chair and vice chair of the telecommunications interagency working group1 in consultation with the other members of the telecommunications interagency working group1 may establish such subgroups as necessary to help conduct the work of the telecommunications interagency working group4 7#c7 ,support ,the ,commission and the ,secretary of ,labor may detail employees of the ,commission and the ,department of ,labor1 respectively1 to assist and support the work of the telecommunications interagency working group1 though such a detailee shall not be considered to be a member of the working group4 7g7 ,report to ,congress 7#a7 ,report to ,congress ,not later than #a year after the date on which the telecommunications interagency working group is established1 the working group shall submit a report containing its recommendations to address the workforce needs of the telecommunications industry to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7,c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 7,d7 the ,committee on ,education and ,labor of the ,house of ,representatives2 7,e7 the ,department of ,labor2 and 7,f7 the ,commission4 7#b7 ,majority support ,the telecommunications interagency working group may not submit the report under paragraph 7#a7 unless the report has the support of not less than the majority of the members of the working group4 7#c7 ,views ,the telecommunications interagency working group shall-- 7,a7 include with the report submitted under paragraph 7#a7 any concurring or dissenting view offered by a member of the working group2 and 7,b7 identify each member to whom each concurring or dissenting view described in subparagraph 7,a7 should be attributed4 7#d7 ,public posting ,the ,commission and the ,secretary of ,labor shall make a copy of the report submitted under paragraph 7#a7 available to the public on the websites of the ,commission and the ,department of ,labor1 respectively4 7h7 ,nonapplicability of ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall not apply to the telecommunications interagency working group4 4 7b7 ,sunset ,section #cdd of the ,communications ,act of #aicd1 as added by subsection 7a71 shall be repealed on the day after the date on which the interagency working group established under subsection 7b77#a7 of that section submits the report to ,congress under subsection 7g7 of that section4 #fjfjc4 ,telecommunications workforce guidance ,not later than #a year after the date of enactment of this ,act1 the ,secretary of ,labor1 in partnership with the ,chairman of the ,federal ,communications ,commission1 shall establish and issue guidance on how ,states can address the workforce needs and safety of the telecommunications industry1 including guidance on how a ,state workforce development board established under section #aja of the ,workforce ,innovation and ,opportunity ,act 7#bi ,u4,s4,c4 #caaa7 can-- 7#a7 utilize ,federal resources available to ,states to meet the workforce needs of the telecommunications industry2 7#b7 promote and improve recruitment in workforce development programs in the telecommunications industry2 and 7#c7 ensure the safety of the telecommunications workforce1 including tower climbers4 #fjfjd4 ,,gao assessment of workforce needs of the telecommunications industry 7a7 ,definitions ,in this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7#b7 the ,committee on ,health1 ,education1 ,labor1 and ,pensions of the ,senate2 7#c7 the ,committee on ,energy and ,commerce of the ,house of ,representatives2 and 7#d7 the ,committee on ,education and ,labor of the ,house of ,representatives4 7b7 ,report ,not later than #ahj days after the date of enactment of this ,act1 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-- 7#a7 broadband infrastructure in rural areas1 including estimates based on-- 7,a7 current need2 and 7,b7 projected need1 if ,congress enacts legislation that accelerates broadband infrastructure construction in the ,united ,states2 and 7#b7 the wireless infrastructure needed to support #e;,g wireless technology4 ,g ,other authorizations ,i ,indian ,water ,rights ,settlement ,completion ,fund #gjaja4 ,indian ,water ,rights ,settlement ,completion ,fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a fund to be known as the ,indian ,water ,rights ,settlement ,completion ,fund 7referred to in this section as the ,fund74 7b7 ,deposits 7#a7 ,in general ,on the later of ,october #a1 #bjba1 and the date of enactment of this ,act1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall deposit in the ,fund #b1ejj1jjj1jjj1 to remain available until expended4 7#b7 ,availability ,amounts deposited in the ,fund under paragraph 7#a7 shall be available to the ,secretary of the ,interior1 without further appropriation or fiscal year limitation1 for the uses described in subsection 7c74 7c7 ,uses ,subject to subsection 7d71 amounts deposited in the ,fund under subsection 7b7 shall be used by the ,secretary of the ,interior for transfers to funds or accounts authorized to receive discretionary appropriations1 or to satisfy other obligations identified by the ,secretary of the ,interior1 under an ,indian water settlement approved and authorized by an ,act of ,congress before the date of enactment of this ,act4 7d7 ,scope of transfers 7#a7 ,in general ,transfers authorized under subsection 7c7 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 ,states1 including appropriate indexing1 pursuant to the applicable ,indian water settlement4 7#b7 ,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 7c7 in order to substantially complete the eligible ,indian water settlements as expeditiously as practicable4 ,,ii ,wildfire mitigation #gjbja4 ,short title ,this title may be cited as the ,wildland ,fire ,mitigation and ,management ,commission ,act of #bjba4 #gjbjb4 ,definitions ,in this title3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,energy and ,natural ,resources of the ,senate2 7,b7 the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,appropriations of the ,senate2 7,e7 the ,committee on ,environment and ,public ,works of the ,senate2 7,f7 the ,committee on ,natural ,resources of the ,house of ,representatives2 7,g7 the ,committee on ,agriculture of the ,house of ,representatives2 7,h7 the ,committee on ,homeland ,security of the ,house of ,representatives2 7,i7 the ,committee on ,appropriations of the ,house of ,representatives2 7,j7 the ,committee on ,ways and ,means of the ,house of ,representatives2 and 7,k7 the ,committee on ,natural ,resources of the ,house of ,representatives4 7#b7 ,commission ,the term ,commission means the commission established under section #gjbjc7;a74 7#c7 ,high-risk ,indian tribal government ,the term high-risk ,indian tribal government means an ,indian tribal government1 during not fewer than #d of the #e years preceding the date of enactment of this ,act-- 7,a7 that received fire management assistance under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg72 or 7,b7 land of which included an area for which the ,president declared a major disaster for fire in accordance with section #dja of that ,act 7#db ,u4,s4,c4 #eagj74 7#d7 ,high-risk ,state ,the term high-risk ,state means a ,state that1 during not fewer than #d of the #e years preceding the date of enactment of this ,act-- 7,a7 received fire management assistance under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eahg72 or 7,b7 included an area for which the ,president declared a major disaster for fire in accordance with section #dja of that ,act 7#db ,u4,s4,c4 #eagj74 7#e7 ,indian tribal government ,the term ,indian tribal government has the meaning given the term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 7#f7 ,secretaries ,the term ,secretaries means-- 7,a7 the ,secretary of the ,interior2 7,b7 the ,secretary of ,agriculture2 and 7,c7 the ,secretary of ,homeland ,security1 acting through the ,administrator of the ,federal ,emergency ,management ,agency4 7#g7 ,state ,the term ,state has the meaning given the term in section #ajb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eabb74 7#h7 ,wildland-urban interface ,the term wildland-urban interface has the meaning given the term in section #aja of the ,healthy ,forests ,restoration ,act of #bjjc 7#af ,u4,s4,c4 #feaa74 #gjbjc4 ,establishment of ,commission 7a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,secretaries shall jointly establish a commission to study and make recommendations to improve ,federal policies relating to-- 7#a7 the prevention1 mitigation1 suppression1 and management of wildland fires in the ,united ,states2 and 7#b7 the rehabilitation of land in the ,united ,states devastated by wildland fires4 7b7 ,membership 7#a7 ,composition ,the ,commission shall be composed of-- 7,a7 each of the ,secretaries 7or designees71 who shall jointly serve as the co-chairpersons of the ,commission2 7,b7 #i representatives of ,federal departments or agencies1 to be appointed by the ,secretaries1 including-- 7i7 not fewer than #a representative from each of-- 7,i7 the ,bureau of ,land ,management2 7,,ii7 the ,national ,park ,service2 7,,iii7 the ,bureau of ,indian ,affairs2 7,,iv7 the ,united ,states ,fish and ,wildlife ,service2 and 7,v7 the ,forest ,service2 7ii7 a representative of or liaison to the ,mitigation ,framework ,leadership ,group of the ,federal ,emergency ,management ,agency2 7iii7 a representative to the ,national ,interagency ,coordination ,center1 which is part of the ,national ,wildfire ,coordination ,group2 7iv7 a representative from #a of the coordinating agencies of the ,recovery ,support ,function ,leadership ,group2 and 7v7 if the ,secretaries determine it to be appropriate1 a representative of any other ,federal department or agency1 such as the ,department of ,energy1 the ,environmental ,protection ,agency1 or the ,department of ,defense2 and 7,c7 #ah non-,federal stakeholders with expertise in wildland fire preparedness1 mitigation1 suppression1 or management1 who collectively have a combination of backgrounds1 experiences1 and viewpoints and are representative of rural1 urban1 and suburban areas1 to be appointed by the ,secretaries1 including-- 7i7 not fewer than #a ,state hazard mitigation officer of a high-risk ,state 7or a designee72 7ii7 with preference given to representatives from high-risk ,states and high-risk ,indian tribal governments1 not fewer than #a representative from each of-- 7,i7 a ,state department of natural resources1 forestry1 or agriculture or a similar ,state agency2 7,,ii7 a ,state department of energy or a similar ,state agency2 7,,iii7 a county government1 with preference given to counties at least a portion of which is in the wildland-urban interface2 and 7,,iv7 a municipal government1 with preference given to municipalities at least a portion of which is in the wildland-urban interface2 7iii7 with preference given to representatives from high-risk ,states and high-risk ,indian tribal governments1 not fewer than #a representative from each of-- 7,i7 the public utility industry2 7,,ii7 the property development industry2 7,,iii7 ,indian tribal governments2 7,,iv7 wildland firefighters2 and 7,v7 an organization-- 7aa7 described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and exempt from taxation under section #eja7;a7 of that ,code2 and 7bb7 with expertise in forest management and environmental conservation2 7iv7 not greater than #b other appropriate non-,federal stakeholders1 which may include the private sector2 and 7v7 any other appropriate non-,federal stakeholders1 which may include the private sector1 with preference given to non-,federal stakeholders from high-risk ,states and high-risk ,indian tribal governments4 7#b7 ,state limitation ,each member of the ,commission appointed under clauses 7i7 and 7ii7 of paragraph 7#a77;,c7 shall represent a different ,state4 7#c7 ,date ,the appointments of the members of the ,commission shall be made not later than #fj days after the date of enactment of this ,act4 7c7 ,period of appointment2 vacancies 7#a7 ,in general ,a member of the ,commission shall be appointed for the life of the ,commission4 7#b7 ,vacancies ,a vacancy in the ,commission-- 7,a7 shall not affect the powers of the ,commission2 and 7,b7 shall be filled in the same manner as the original appointment4 7d7 ,meetings 7#a7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the first meeting of the ,commission4 7#b7 ,frequency ,the ,commission shall meet not less frequently than once every #cj days4 7#c7 ,type ,the ,commission may hold meetings1 and a member of the ,commission may participate in a meeting1 remotely through teleconference1 video conference1 or similar means4 7#d7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 #gjbjd4 ,duties of ,commission 7a7 ,report on recommendations to mitigate and manage wildland fires 7#a7 ,in general ,not later than #a year after the date of the first meeting of the ,commission1 the ,commission shall submit to the appropriate committees of ,congress a report describing recommendations to prevent1 mitigate1 suppress1 and manage wildland fires1 including-- 7,a7 policy recommendations1 including recommendations-- 7i7 to maximize the protection of human life1 community water supplies1 homes1 and other essential structures1 which may include recommendations to expand the use of initial attack strategies2 7ii7 to facilitate efficient short- and long-term forest management in residential and nonresidential at-risk areas1 which may include a review of community wildfire protection plans2 7iii7 to manage the wildland-urban interface2 7iv7 to manage utility corridors2 7v7 to rehabilitate land devastated by wildland fire2 and 7vi7 to improve the capacity of the ,secretary of ,agriculture and the ,secretary of the ,interior to conduct hazardous fuels reduction projects2 7,b7 policy recommendations described in subparagraph 7,a7 with respect to any recommendations for-- 7i7 categorical exclusions from the requirement to prepare an environmental impact statement or analysis under the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq472 or 7ii7 additional staffing or resources that may be necessary to more expeditiously prepare an environmental impact statement or analysis under that ,act2 7,c7 policy recommendations for modernizing and expanding the use of technology1 including satellite technology1 remote sensing1 unmanned aircraft systems1 and any other type of emerging technology1 to prevent1 mitigate1 suppress1 and manage wildland fires1 including any recommendations with respect to-- 7i7 the implementation of section #aaad of the ,john ,d4 ,dingell1 ,jr4 ,conservation1 ,management1 and ,recreation ,act 7#dc ,u4,s4,c4 #agdh;b-#a72 or 7ii7 improving early wildland fire detection2 7,d7 an assessment of ,federal spending on wildland fire-related disaster management1 including-- 7i7 a description and assessment of ,federal grant programs for ,states and units of local government for pre- and post-wildland fire disaster mitigation and recovery1 including-- 7,i7 the amount of funding provided under each program2 7,,ii7 the effectiveness of each program with respect to long-term forest management and maintenance2 and 7,,iii7 recommendations to improve the effectiveness of each program1 including with respect to-- 7aa7 the conditions on the use of funds received under the program2 and 7bb7 the extent to which additional funds are necessary for the program2 7ii7 an evaluation1 including recommendations to improve the effectiveness in mitigating wildland fires1 which may include authorizing prescribed fires1 of-- 7,i7 the ,building ,resilient ,infrastructure and ,communities program under section #bjc of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc72 7,,ii7 the ,pre-,disaster ,mitigation program under that section 7#db ,u4,s4,c4 #eacc72 7,,iii7 the ,hazard ,mitigation ,grant ,program under section #djd of that ,act 7#db ,u4,s4,c4 #eagj;c72 7,,iv7 ,hazard ,mitigation ,grant ,program post-fire assistance under sections #djd and #dbj of that ,act 7#db ,u4,s4,c4 #eagj;c1 #eahg72 and 7,v7 such other programs as the ,commission determines to be appropriate2 7iii7 an assessment of the definition of small impoverished community under section #bjc7;a7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc7;a771 specifically-- 7,i7 the exclusion of the percentage of land owned by an entity other than a ,state or unit of local government2 and 7,,ii7 any related economic impact of that exclusion2 and 7iv7 recommendations for ,federal budgeting for wildland fires and post-wildfire recovery2 7,e7 any recommendations for matters under subparagraph 7,a71 7,b71 7,c71 or 7,d7 specific to-- 7i7 forest type1 vegetation type1 or forest and vegetation type2 or 7ii7 ,state land1 ,tribal land1 or private land2 7,f7 7i7 a review of the national strategy described in the report entitled ,the ,national ,strategy3 ,the ,final ,phase in the ,development of the ,national ,cohesive ,wildland ,fire ,management ,strategy and dated ,april #bjad2 and 7ii7 any recommendations for changes to that national strategy to improve its effectiveness2 and 7,g7 7i7 an evaluation of coordination of response to1 and suppression of1 wildfires occurring on ,federal1 ,tribal1 ,state1 and local land among ,federal1 ,tribal1 ,state1 and local agencies with jurisdiction over that land2 and 7ii7 any recommendations to improve the coordination described in clause 7i74 7#b7 ,specific policy recommendations ,to the maximum extent practicable1 the report described in paragraph 7#a7 shall include detailed short- and long-term policy recommendations1 including any recommendations for ,federal legislation4 7#c7 ,interim reports ,before the submission of the report under paragraph 7#a71 on approval of all members of the ,commission1 the ,commission may submit to the appropriate committees of ,congress #a or more interim reports1 as the ,commission determines to be appropriate1 relating to any matters described in paragraph 7#a74 7b7 ,report on aerial wildland firefighting equipment strategy and inventory assessment 7#a7 ,submission of inventory to the ,commission ,not later than #de days after the date on which the ,commission holds the first meeting of the ,commission1 the ,secretary of ,defense and the heads of other relevant ,federal departments and agencies shall submit to the ,commission an inventory of surplus cargo and passenger aircraft and excess common-use aircraft parts that may be used for wildland firefighting purposes1 excluding any aircraft or aircraft parts that are-- 7,a7 reasonably anticipated to be necessary for military operations1 readiness1 or fleet management in the future2 or 7,b7 already obligated for purposes other than fighting wildland fires4 7#b7 ,submission of report to ,congress ,not later than #ij days after the date on which the ,commission receives the inventory described in paragraph 7#a71 the ,commission shall submit to the appropriate committees of ,congress a report outlining a strategy to meet aerial firefighting equipment needs through #bjcj in the most cost-effective manner1 including-- 7,a7 an assessment of the expected number of aircraft and aircraft parts needed to fight wildland fires through #bjcj2 7,b7 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 ,federal1 ,state1 or local authorities for wildland firefighting use1 including-- 7i7 a description of the current use of each existing authority2 and 7ii7 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 ,federal1 ,state1 or local authorities for wildland firefighting use2 and 7,c7 recommendations to ensure the availability of aircraft and aircraft parts that the ,commission expects will be necessary to fight wildland fires through #bjcj in the most cost-effective manner4 7#c7 ,considerations for accessing aircraft and aircraft parts ,in developing the strategy in the report required under paragraph 7#b7 and the recommendations under paragraph 7#b77;,c71 the ,commission shall consider all private and public sector options for accessing necessary aircraft and aircraft parts1 including procurement1 contracting1 retrofitting1 and public-private partnerships4 7#d7 ,unclassified report ,the inventory and report submitted under paragraphs 7#a7 and 7#b71 respectively-- 7,a7 shall be unclassified2 but 7,b7 may include a classified annex4 7c7 ,majority requirement ,not less than #b_/c of the members of the ,commission shall approve the recommendations contained in each report submitted under subsection 7a7 or 7b77#b74 #gjbje4 ,powers of ,commission 7a7 ,hearings ,the ,commission may hold such hearings1 sit and act at such times and places1 take such testimony1 and receive such evidence as the ,commission considers advisable to carry out this title4 7b7 ,information from ,federal agencies 7#a7 ,in general ,the ,commission may secure directly from a ,federal department or agency such information as the ,commission considers necessary to carry out this title4 7#b7 ,furnishing information ,on request of the ,chairpersons of the ,commission1 the head of the department or agency shall furnish the information to the ,commission4 7c7 ,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 ,government4 7d7 ,gifts ,the ,commission may accept1 use1 and dispose of such gifts or donations of services or property as the ,commission considers necessary to carry out this title4 #gjbjf4 ,commission personnel matters 7a7 ,no compensation ,a member of the ,commission shall serve without compensation4 7b7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for employees of agencies under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from their homes or regular places of business in the performance of services for the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,chairpersons of the ,commission may1 without regard to the civil service laws 7including regulations71 appoint and terminate an executive director and such other additional personnel as may be necessary to enable the ,commission to perform its duties1 except that the employment of an executive director shall be subject to confirmation by the ,commission4 7#b7 ,compensation ,the ,chairpersons of the ,commission may fix the compensation of the executive director and other personnel without regard to chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates1 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 #ecaf of that title4 7d7 ,detail of government employees ,a ,federal ,government employee may be detailed to the ,commission without reimbursement1 and such detail shall be without interruption or loss of civil service status or privilege4 7e7 ,procurement of temporary and intermittent services ,the ,chairpersons of the ,commission may procure temporary and intermittent services under section #caji7;b7 of title #e1 ,united ,states ,code1 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 #ecaf of that title4 #gjbjg4 ,termination of ,commission ,the ,commission shall terminate on the date that is #ahj days after the date on which the ,commission has submitted the reports under subsections 7a7 and 7b7 of section #gjbjd4 ,,iii ,reforestation #gjcja4 ,short title ,this title may be cited as the ,repairing ,existing ,public ,land by ,adding ,necessary ,trees ,act or the ,,replant ,act4 #gjcjb4 ,reforestation following wildfires and other unplanned events 7a7 ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#a7 ,national forest cover policy 7,a7 ,in general ,section #c of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afja7 is amended-- 7i7 by redesignating subsection 7e7 as subsection 7f72 7ii7 by redesignating the second subsection 7d7 7relating to the policy of ,congress regarding forested land in the ,national ,forest ,system7 as subsection 7e72 and 7iii7 in subsection 7e7 7as so redesignated7-- 7,i7 in paragraph 7#b7-- 7aa7 in the first sentence-- 7,,aa7 by striking #i of this ,act1 the ,secretary shall annually for eight years following the enactment of this subsection and inserting #i1 the ,secretary shall1 annually during each of the #aj years beginning after the date of enactment of the ,,replant ,act2 and 7,,bb7 by striking eight-year and inserting #aj-year2 7bb7 in the second sentence1 by striking such eight-year period and inserting the #aj-year period2 and 7cc7 in the third sentence1 by striking #aigh and inserting #bjba2 7,,ii7 in paragraph 7#c71 in the first sentence1 by striking subsection 7d7 and inserting subsection2 and 7,,iii7 by adding at the end the following3 7#d7 ,reforestation requirements 7,a7 ,definitions ,in this paragraph3 7i7 ,natural regeneration 7,i7 ,in general ,the term natural regeneration means the establishment of a tree or tree age class from natural seeding1 sprouting1 or suckering in accordance with the management objectives of an applicable land management plan4 7,,ii7 ,inclusion ,the term natural regeneration may include any site preparation activity to enhance the success of regeneration to the desired species composition and structure4 7ii7 ,priority land ,the term priority land means ,national ,forest ,system land that1 due to an unplanned event-- 7,i7 does not meet the conditions for appropriate forest cover described in paragraph 7#a72 7,,ii7 requires reforestation to meet the objectives of an applicable land management plan2 and 7,,iii7 is unlikely to experience natural regeneration without assistance4 7iii7 ,reforestation ,the term reforestation means the act of renewing tree cover1 taking into consideration species composition and resilience1 by establishing young trees through-- 7,i7 natural regeneration2 7,,ii7 natural regeneration with site preparation2 or 7,,iii7 planting or direct seeding4 7iv7 ,secretary ,the term ,secretary means the ,secretary1 acting through the ,chief of the ,forest ,service4 7v7 ,unplanned event 7,i7 ,in general ,the term unplanned event means any unplanned disturbance that-- 7aa7 disrupts ecosystem or forest structure or composition2 or 7bb7 changes resources1 substrate availability1 or the physical environment4 7,,ii7 ,inclusions ,the term unplanned event may include-- 7aa7 a wildfire2 7bb7 an infestation of insects or disease2 7cc7 a weather event2 and 7dd7 animal damage4 7,b7 ,requirement ,each reforestation activity under this section shall be carried out in accordance with applicable ,forest ,service management practices and definitions1 including definitions relating to silvicultural practices and forest management4 7,c7 ,reforestation priority 7i7 ,in general ,in carrying out this subsection1 the ,secretary shall give priority to projects on the priority list described in clause 7ii74 7ii7 ,priority list 7,i7 ,in general ,the ,secretary shall1 based on recommendations from regional foresters1 create a priority list of reforestation projects that-- 7aa7 primarily take place on priority land2 7bb7 promote effective reforestation following unplanned events2 and 7cc7 may include activities to ensure adequate and appropriate seed availability4 7,,ii7 ,ranking ,the ,secretary shall rank projects on the priority list under subclause 7,i7 based on-- 7aa7 documentation of an effective reforestation project plan2 7bb7 the ability to measure the progress and success of the project2 and 7cc7 the ability of a project to provide benefits relating to forest function and health1 soil health and productivity1 wildlife habitat1 improved air and water quality1 carbon sequestration potential1 resilience1 job creation1 and enhanced recreational opportunities4 4 7,b7 ,conforming amendment ,section #i of the ,cooperative ,forestry ,assistance ,act of #aigh 7#af ,u4,s4,c4 #baje7 is amended1 in the undesignated matter following paragraph 7#e7 of subsection 7g7-- 7i7 by striking section #c7;d7 and inserting subsection 7e7 of section #c2 and 7ii7 by striking #afja7;d7 and inserting #afja4 7#b7 ,national ,forest ,system program elements ,section #i of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afjg7 is amended1 in the second sentence1 by striking #bjjj and inserting #bjcj4 7b7 ,reforestation ,trust ,fund ,section #cjc of ,public ,law #if-dea 7#af ,u4,s4,c4 #afjf;a7 is amended-- 7#a7 in subsection 7b7-- 7,a7 by striking paragraph 7#b72 7,b7 in paragraph 7#c7-- 7i7 in the second sentence1 by striking ,proper adjustment and inserting the following3 7#c7 ,adjustment of estimates ,proper adjustment 2 and 7ii7 by striking 7#c7 ,the amounts and inserting the following3 7#b7 ,frequency ,the amounts 2 and 7,c7 by striking the subsection designation and all that follows through the ,secretary in paragraph 7#a7 and inserting the following3 7b7 ,transfers to ,trust ,fund 7#a7 ,in general ,the ,secretary 2 and 7#b7 in subsection 7d77#a7-- 7,a7 by striking section #c7;d7 and inserting subsection 7e7 of section #c2 and 7,b7 by striking #afja7;d7 and inserting #afja4 #gjcjc4 ,report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary of ,agriculture shall submit to the ,committee on ,agriculture1 ,nutrition1 and ,forestry of the ,senate and the ,committee on ,agriculture of the ,house of ,representatives1 and make publicly available on the website of the ,forest ,service1 a report that describes1 with respect to the preceding year-- 7#a7 an evaluation of the degree to which the ,secretary has achieved compliance with the requirements contained in the amendments made by this title1 including1 as a result of those amendments1 the number of acres covered by reforestation projects that follow unplanned events 7such as wildfires72 7#b7 the total number of acres of land reforested under each authority of the ,secretary under which reforestation projects have been carried out2 7#c7 the number of acres of ,national ,forest ,system land affected by1 and the substance of reforestation needs on that land resulting from1 unplanned events2 and 7#d7 the number of acres in need of reforestation under subsection 7e77#a7 of section #c of the ,forest and ,rangeland ,renewable ,resources ,planning ,act of #aigd 7#af ,u4,s4,c4 #afja74 ,,iv ,recycling practices #gjdja4 ,best practices for battery recycling and labeling guidelines 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,battery ,the term battery means a device that-- 7,a7 consists of #a or more electrochemical cells that are electrically connected2 and 7,b7 is designed to store and deliver electric energy4 7#c7 ,recycling ,the term recycling means the series of activities-- 7,a7 during which recyclable materials are processed into specification-grade commodities1 and consumed as raw-material feedstock1 in lieu of virgin materials1 in the manufacturing of new products2 7,b7 that may include collection1 processing1 and brokering2 and 7,c7 that result in subsequent consumption by a materials manufacturer1 including for the manufacturing of new products4 7b7 ,best practices for collection of batteries to be recycled 7#a7 ,in general ,the ,administrator shall develop best practices that may be implemented by ,state1 ,tribal1 and local governments with respect to the collection of batteries to be recycled in a manner that-- 7,a7 to the maximum extent practicable1 is technically and economically feasible for ,state1 ,tribal1 and local governments2 7,b7 is environmentally sound and safe for waste management workers2 and 7,c7 optimizes the value and use of material derived from recycling of batteries4 7#b7 ,consultation ,the ,administrator shall develop the best practices described in paragraph 7#a7 in coordination with ,state1 ,tribal1 and local governments and relevant nongovernmental and private sector entities4 7#c7 ,report ,not later than #b years after the date of enactment of this ,act1 the ,administrator shall submit to ,congress a report describing the best practices developed under paragraph 7#a74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #aj1jjj1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjbf4 7c7 ,voluntary labeling guidelines 7#a7 ,in general ,there is established within the ,environmental ,protection ,agency a program 7referred to in this subsection as the program7 to promote battery recycling through the development of-- 7,a7 voluntary labeling guidelines for batteries2 and 7,b7 other forms of communication materials for battery producers and consumers about the reuse and recycling of critical materials from batteries4 7#b7 ,purposes ,the purposes of the program are to improve battery collection and reduce battery waste1 including by-- 7,a7 identifying battery collection locations and increasing accessibility to those locations2 7,b7 promoting consumer education about battery collection and recycling2 and 7,c7 reducing safety concerns relating to the improper disposal of batteries4 7#c7 ,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-- 7,a7 international battery labeling standards2 and 7,b7 the ,mercury-,containing and ,rechargeable ,battery ,management ,act 7#db ,u4,s4,c4 #adcja et seq474 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this subsection #ae1jjj1jjj for fiscal year #bjbb1 to remain available until ,september #cj1 #bjbf4 #gjdjb4 ,consumer recycling education and outreach grant program2 ,federal procurement 7a7 ,definition of ,administrator ,in this section1 the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7b7 ,consumer recycling education and outreach grant program 7#a7 ,in general ,the ,administrator shall establish a program 7referred to in this subsection as the grant program7 to award competitive grants to eligible entities to improve the effectiveness of residential and community recycling programs through public education and outreach4 7#b7 ,criteria ,the ,administrator shall award grants under the grant program for projects that1 by using one or more eligible activities described in paragraph 7#e7-- 7,a7 inform the public about residential or community recycling programs2 7,b7 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 material2 and 7,c7 increase collection rates and decrease contamination in residential and community recycling programs4 7#c7 ,eligible entities 7,a7 ,in general ,an entity that is eligible to receive a grant under the grant program is-- 7i7 a ,state2 7ii7 a unit of local government2 7iii7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd772 7iv7 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag772 7v7 the ,department of ,hawaiian ,home ,lands2 7vi7 the ,office of ,hawaiian ,affairs2 7vii7 a nonprofit organization2 or 7viii7 a public-private partnership4 7,b7 ,coordination of activities #b or more entities described in subparagraph 7,a7 may receive a grant under the grant program to coordinate the provision of information to residents that may access #b or more residential recycling programs1 including programs that accept different recycled materials1 to provide to the residents information regarding differences among those residential recycling programs4 7#d7 ,requirement 7,a7 ,in general ,to receive a grant under the grant program1 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 market4 7,b7 ,business plans and financial data 7i7 ,in general ,an eligible entity may make a demonstration under subparagraph 7,a7 through the submission to the ,administrator of appropriate business plans and financial data4 7ii7 ,confidentiality ,the ,administrator shall treat any business plans or financial data received under clause 7i7 as confidential information4 7#e7 ,eligible activities ,an eligible entity that receives a grant under the grant program may use the grant funds for activities including-- 7,a7 public service announcements2 7,b7 a door-to-door education and outreach campaign2 7,c7 social media and digital outreach2 7,d7 an advertising campaign on recycling awareness2 7,e7 the development and dissemination of-- 7i7 a toolkit for a municipal and commercial recycling program2 7ii7 information on the importance of quality in the recycling stream2 7iii7 information on the economic and environmental benefits of recycling2 and 7iv7 information on what happens to materials after the materials are placed into a residential or community recycling program2 7,f7 businesses recycling outreach2 7,g7 bin1 cart1 and other receptacle labeling and signs2 and 7,h7 such other activities that the ,administrator determines are appropriate to carry out the purposes of this subsection4 7#f7 ,prohibition on use of funds ,no funds may be awarded under the grant program for a residential recycling program that-- 7,a7 does not provide for the separate collection of residential solid waste 7as defined in section #bdf4aja of title #dj1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act77 from recycled material 7as defined in that section71 unless the funds are used to promote a transition to a system that separately collects recycled materials2 or 7,b7 promotes the establishment of1 or conversion to1 a residential collection system that does not provide for the separate collection of residential solid waste from recycled material 7as those terms are defined under subparagraph 7,a774 7#g7 ,model recycling program toolkit 7,a7 ,in general ,in carrying out the grant program1 the ,administrator1 in consultation with other relevant ,federal agencies1 ,states1 ,indian ,tribes1 units of local government1 nonprofit organizations1 and the private sector1 shall develop a model recycling program toolkit for ,states1 ,indian ,tribes1 and units of local government that includes1 at a minimum-- 7i7 a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling program2 7ii7 information that the ,administrator determines can be widely applied across residential recycling programs1 taking into consideration the differences in recycled materials accepted by residential recycling programs2 7iii7 educational principles on best practices for the collection and processing of recycled materials2 7iv7 a community self-assessment guide to identify gaps in existing recycling programs2 7v7 training modules that enable ,states and nonprofit organizations to provide technical assistance to units of local government2 7vi7 access to consumer educational materials that ,states1 ,indian ,tribes1 and units of local government can adapt and use in recycling programs2 and 7vii7 a guide to measure the effectiveness of a grant received under the grant program1 including standardized measurements for recycling rates and decreases in contamination4 7,b7 ,requirement ,in developing the standardized set of terms and examples under subparagraph 7,a77i71 the ,administrator may not establish any requirements for-- 7i7 what materials shall be accepted by a residential recycling program2 or 7ii7 the labeling of products4 7#h7 ,school curriculum ,the ,administrator shall provide assistance to the educational community1 including nonprofit organizations1 such as an organization the science1 technology1 engineering1 and mathematics program of which incorporates recycling1 to promote the introduction of recycling principles and best practices into public school curricula4 7#i7 ,reports 7,a7 ,to the ,administrator ,not earlier than #ahj days1 and not later than #b years1 after the date on which a grant under the grant program is awarded to an eligible entity1 the eligible entity shall submit to the ,administrator a report describing1 by using the guide developed under paragraph 7#g77;,a77vii7-- 7i7 the change in volume of recycled material collected through the activities funded with the grant2 7ii7 the change in participation rate of the recycling program funded with the grant2 7iii7 the reduction of contamination in the recycling stream as a result of the activities funded with the grant2 and 7iv7 such other information as the ,administrator determines to be appropriate4 7,b7 ,to ,congress ,the ,administrator shall submit to ,congress an annual report describing-- 7i7 the effectiveness of residential recycling programs awarded funds under the grant program1 including statistics comparing the quantity and quality of recycled materials collected by those programs1 as described in the reports submitted to the ,administrator under subparagraph 7,a72 and 7ii7 recommendations on additional actions to improve residential recycling4 7c7 ,federal procurement ,section #fjjb of the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fifb7 is amended-- 7#a7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking and from time to time1 revise and inserting review not less frequently than once every #e years1 and1 if appropriate1 revise1 in consultation with recyclers and manufacturers of products containing recycled content1 not later than #b years after the completion of the initial review after the date of enactment of the ,infrastructure ,investment and ,jobs ,act and thereafter1 as appropriate2 and 7#b7 by adding at the end the following3 7j7 ,consultation and provision of information by ,administrator ,the ,administrator shall-- 7#a7 consult with each procuring agency1 including contractors of the procuring agency1 to clarify the responsibilities of the procuring agency under this section2 and 7#b7 provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section4 7k7 ,reports ,the ,administrator1 in consultation with the ,administrator of ,general ,services1 shall submit to ,congress an annual report describing-- 7#a7 the quantity of federally procured recycled products listed in the guidelines under subsection 7e72 and 7#b7 with respect to the products described in paragraph 7#a71 the percentage of recycled material in each product4 4 7d7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,administrator to carry out this section and the amendments made by this section #ae1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7#b7 ,requirement ,of the amount made available under paragraph 7#a7 for a fiscal year1 not less than #bj percent shall be allocated to-- 7,a7 low-income communities2 7,b7 rural communities2 and 7,c7 communities identified as ,native ,american pursuant to section #b7i7 of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja7i774 ,v ,bioproduct pilot program #gjeja4 ,pilot program on use of agricultural commodities in construction and consumer products 7a7 ,definitions ,in this section3 7#a7 ,construction product ,the term construction product means any article1 or component part thereof1 produced or distributed for use during the construction1 maintenance1 or preservation of a highway1 road1 street1 bridge1 building1 dam1 port1 or airport construction project4 7#b7 ,consumer product ,the term consumer product means-- 7,a7 any article1 or component part thereof1 produced or distributed-- 7i7 for sale to a consumer for use in or around a permanent or temporary household or residence1 a school1 in recreation1 or otherwise2 or 7ii7 for the personal use1 consumption or enjoyment of a consumer in or around a permanent or temporary household or residence1 a school1 in recreation1 or otherwise2 and 7,b7 any product or product category described in subparagraphs 7,a7 through 7,i7 of section #c7;a77#e7 of the ,consumer ,product ,safety ,act 7#ae ,u4,s4,c4 #bjeb7;a77#e774 7#c7 ,covered agricultural commodity ,the term covered agricultural commodity means any agricultural commodity1 food1 feed1 fiber1 livestock1 oil1 or a derivative thereof1 that the ,secretary determines to have been used in the production of materials that have demonstrated market viability and benefits 7as described in paragraphs 7#a7 through 7#g7 of subsection 7b77 as of the date of enactment of this ,act4 7#d7 ,qualified institution ,the term qualified institution means a bioproducts research facility that-- 7,a7 is funded1 in part1 by a ,state2 7,b7 is located within a reasonable distance1 not to exceed #c miles1 of the primary residence hall of an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a7772 7,c7 provides students opportunities to engage in research activities2 and 7,d7 provides opportunities for an institution of higher education 7as defined in section #aja7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja7;a777 to collaborate with private enterprise4 7#e7 ,secretary ,the term ,secretary means the ,secretary of ,agriculture4 7b7 ,establishment ,the ,secretary shall carry out a pilot program under which the ,secretary shall partner with not less than #a qualified institution to study the benefits of using materials derived from covered agricultural commodities in the production of construction products and consumer products1 including-- 7#a7 cost savings relative to other commonly used alternative materials2 7#b7 greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials2 7#c7 life-cycle and longevity-extending characteristics relative to other commonly used alternative materials2 7#d7 life-cycle and longevity-reducing characteristics relative to other commonly used alternative materials2 7#e7 landfill quantity and waste management cost reductions2 7#f7 product development and production scale-up2 and 7#g7 any other benefits that the ,secretary determines to be appropriate4 7c7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #b1jjj1jjj for each of fiscal years #bjbb through #bjbc4 ,,vi ,cybersecurity ,a ,cyber ,response and ,recovery ,act #gjfja4 ,short title ,this subtitle may be cited as the ,cyber ,response and ,recovery ,act4 #gjfjb4 ,declaration of a significant incident 7a7 ,in general ,title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following3 ,c ,declaration of a significant incident #bbca4 ,sense of congress ,it is the sense of ,congress that-- 7#a7 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 incident2 and 7#b7 the authorities established under this subtitle are intended to enable the ,secretary to provide voluntary assistance to non-,federal entities impacted by a significant incident4 #bbcb4 ,definitions ,for the purposes of this subtitle3 7#a7 ,asset response activity ,the term asset response activity means an activity to support an entity impacted by an incident with the response to1 remediation of1 or recovery from1 the incident1 including-- 7,a7 furnishing technical and advisory assistance to the entity to protect the assets of the entity1 mitigate vulnerabilities1 and reduce the related impacts2 7,b7 assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident1 including potential cascading effects of the incident on other critical infrastructure sectors or geographic regions2 7,c7 developing courses of action to mitigate the risks assessed under subparagraph 7,b72 7,d7 facilitating information sharing and operational coordination with entities performing threat response activities2 and 7,e7 providing guidance on how best to use ,federal resources and capabilities in a timely1 effective manner to speed recovery from the incident4 7#b7 ,declaration ,the term declaration means a declaration of the ,secretary under section #bbcc7;a77#a74 7#c7 ,director ,the term ,director means the ,director of the ,cybersecurity and ,infrastructure ,security ,agency4 7#d7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #cejb of title #dd1 ,united ,states ,code4 7#e7 ,fund ,the term ,fund means the ,cyber ,response and ,recovery ,fund established under section #bbcd7;a74 7#f7 ,incident ,the term incident has the meaning given the term in section #ceeb of title #dd1 ,united ,states ,code4 7#g7 ,renewal ,the term renewal means a renewal of a declaration under section #bbcc7;d74 7#h7 ,significant incident ,the term significant incident-- 7,a7 means an incident or a group of related incidents that results1 or is likely to result1 in demonstrable harm to-- 7i7 the national security interests1 foreign relations1 or economy of the ,united ,states2 or 7ii7 the public confidence1 civil liberties1 or public health and safety of the people of the ,united ,states2 and 7,b7 does not include an incident or a portion of a group of related incidents that occurs on-- 7i7 a national security system 7as defined in section #ceeb of title #dd1 ,united ,states ,code72 or 7ii7 an information system described in paragraph 7#b7 or 7#c7 of section #ceec7;e7 of title #dd1 ,united ,states ,code4 #bbcc4 ,declaration 7a7 ,in general 7#a7 ,declaration ,the ,secretary1 in consultation with the ,national ,cyber ,director1 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-- 7,a7 a specific significant incident-- 7i7 has occurred2 or 7ii7 is likely to occur imminently2 and 7,b7 otherwise available resources1 other than the ,fund1 are likely insufficient to respond effectively to1 or to mitigate effectively1 the specific significant incident described in subparagraph 7,a74 7#b7 ,prohibition on delegation ,the ,secretary may not delegate the authority provided to the ,secretary under paragraph 7#a74 7b7 ,asset response activities ,upon a declaration1 the ,director shall coordinate-- 7#a7 the asset response activities of each ,federal agency in response to the specific significant incident associated with the declaration2 and 7#b7 with appropriate entities1 which may include-- 7,a7 public and private entities and ,state and local governments with respect to the asset response activities of those entities and governments2 and 7,b7 ,federal1 ,state1 local1 and ,tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies2 and 7#c7 ,federal1 ,state1 local1 and ,tribal emergency management and response agencies4 7c7 ,duration ,subject to subsection 7d71 a declaration shall terminate upon the earlier of-- 7#a7 a determination by the ,secretary that the declaration is no longer necessary2 or 7#b7 the expiration of the #abj-;day period beginning on the date on which the ,secretary makes the declaration4 7d7 ,renewal ,the ,secretary1 without delegation1 may renew a declaration as necessary4 7e7 ,publication 7#a7 ,in general ,not later than #gb hours after a declaration or a renewal1 the ,secretary shall publish the declaration or renewal in the ,federal ,register4 7#b7 ,prohibition ,a declaration or renewal published under paragraph 7#a7 may not include the name of any affected individual or private company4 7f7 ,advance actions 7#a7 ,in general ,the ,secretary-- 7,a7 shall assess the resources available to respond to a potential declaration2 and 7,b7 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 necessary1 which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration4 7#b7 ,expenditure of funds ,any expenditure from the ,fund for the purpose of paragraph 7#a77;,b7 shall be made from amounts available in the ,fund1 and amounts available in the ,fund shall be in addition to any other appropriations available to the ,cybersecurity and ,infrastructure ,security ,agency for such purpose4 #bbcd4 ,cyber response and recovery fund 7a7 ,in general ,there is established a ,cyber ,response and ,recovery ,fund1 which shall be available for-- 7#a7 the coordination of activities described in section #bbcc7;b72 7#b7 response and recovery support for the specific significant incident associated with a declaration to ,federal1 ,state1 local1 and ,tribal1 entities and public and private entities on a reimbursable or non-reimbursable basis1 including through asset response activities and technical assistance1 such as-- 7,a7 vulnerability assessments and mitigation2 7,b7 technical incident mitigation2 7,c7 malware analysis2 7,d7 analytic support2 7,e7 threat detection and hunting2 and 7,f7 network protections2 7#c7 as the ,director determines appropriate1 grants for1 or cooperative agreements with1 ,federal1 ,state1 local1 and ,tribal public and private entities to respond to1 and recover from1 the specific significant incident associated with a declaration1 such as-- 7,a7 hardware or software to replace1 update1 improve1 harden1 or enhance the functionality of existing hardware1 software1 or systems2 and 7,b7 technical contract personnel support2 and 7#d7 advance actions taken by the ,secretary under section #bbcc7;f77#a77;,b74 7b7 ,deposits and expenditures 7#a7 ,in general ,amounts shall be deposited into the ,fund from-- 7,a7 appropriations to the ,fund for activities of the ,fund2 and 7,b7 reimbursement from ,federal agencies for the activities described in paragraphs 7#a71 7#b71 and 7#d7 of subsection 7a71 which shall only be from amounts made available in advance in appropriations ,acts for such reimbursement4 7#b7 ,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 7#a71 and amounts available in the ,fund shall be in addition to any other appropriations available to the ,cybersecurity and ,infrastructure ,security ,agency for such purposes4 7c7 ,supplement not supplant ,amounts in the ,fund shall be used to supplement1 not supplant1 other ,federal1 ,state1 local1 or ,tribal funding for activities in response to a declaration4 7d7 ,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 amounts4 #bbce4 ,notification and reporting 7a7 ,notification ,upon a declaration or renewal1 the ,secretary shall immediately notify the ,national ,cyber ,director and appropriate congressional committees and include in the notification-- 7#a7 an estimation of the planned duration of the declaration2 7#b7 with respect to a notification of a declaration1 the reason for the declaration1 including information relating to the specific significant incident or imminent specific significant incident1 including-- 7,a7 the operational or mission impact or anticipated impact of the specific significant incident on ,federal and non-,federal entities2 7,b7 if known1 the perpetrator of the specific significant incident2 and 7,c7 the scope of the ,federal and non-,federal entities impacted or anticipated to be impacted by the specific significant incident2 7#c7 with respect to a notification of a renewal1 the reason for the renewal2 7#d7 justification as to why available resources1 other than the ,fund1 are insufficient to respond to or mitigate the specific significant incident2 and 7#e7 a description of the coordination activities described in section #bbcc7;b7 that the ,secretary anticipates the ,director to perform4 7b7 ,report to congress ,not later than #ahj days after the date of a declaration or renewal1 the ,secretary shall submit to the appropriate congressional committees a report that includes-- 7#a7 the reason for the declaration or renewal1 including information and intelligence relating to the specific significant incident that led to the declaration or renewal2 7#b7 the use of any funds from the ,fund for the purpose of responding to the incident or threat described in paragraph 7#a72 7#c7 a description of the actions1 initiatives1 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 7#a72 7#d7 an accounting of the specific obligations and outlays of the ,fund2 and 7#e7 an analysis of-- 7,a7 the impact of the specific significant incident described in paragraph 7#a7 on ,federal and non-,federal entities2 7,b7 the impact of the declaration or renewal on the response to1 and recovery from1 the specific significant incident described in paragraph 7#a72 and 7,c7 the impact of the funds made available from the ,fund as a result of the declaration or renewal on the recovery from1 and response to1 the specific significant incident described in paragraph 7#a74 7c7 ,classification ,each notification made under subsection 7a7 and each report submitted under subsection 7b7-- 7#a7 shall be in an unclassified form with appropriate markings to indicate information that is exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act72 and 7#b7 may include a classified annex4 7d7 ,consolidated report ,the ,secretary shall not be required to submit multiple reports under subsection 7b7 for multiple declarations or renewals if the ,secretary determines that the declarations or renewals substantively relate to the same specific significant incident4 7e7 ,exemption ,the requirements of subchapter ,i of chapter #ce of title #dd 7commonly known as the ,paperwork ,reduction ,act7 shall not apply to the voluntary collection of information by the ,department during an investigation of1 a response to1 or an immediate post-response review of1 the specific significant incident leading to a declaration or renewal4 #bbcf4 ,rule of construction ,nothing in this subtitle shall be construed to impair or limit the ability of the ,director to carry out the authorized activities of the ,cybersecurity and ,infrastructure ,security ,agency4 #bbcg4 ,authorization of appropriations ,there are authorized to be appropriated to the ,fund #bj1jjj1jjj for fiscal year #bjbb and each fiscal year thereafter until ,september #cj1 #bjbh1 which shall remain available until ,september #cj1 #bjbh4 #bbch4 ,sunset ,the authorities granted to the ,secretary or the ,director under this subtitle shall expire on the date that is #g years after the date of enactment of this subtitle4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by adding at the end the following3 ,subtitle ,c--,declaration of a significant incident ,sec4 #bbca4 ,sense of congress4 ,sec4 #bbcb4 ,definitions4 ,sec4 #bbcc4 ,declaration4 ,sec4 #bbcd4 ,cyber response and recovery fund4 ,sec4 #bbce4 ,notification and reporting4 ,sec4 #bbcf4 ,rule of construction4 ,sec4 #bbcg4 ,authorization of appropriations4 ,sec4 #bbch4 ,sunset4 4 ,b ,state and ,local ,cybersecurity ,improvement ,act #gjfaa4 ,short title ,this subtitle may be cited as the ,state and ,local ,cybersecurity ,improvement ,act4 #gjfab4 ,state and ,local ,cybersecurity ,grant ,program 7a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following3 #bbah4 ,state and ,local ,cybersecurity ,grant ,program 7a7 ,definitions ,in this section3 7#a7 ,appropriate committees of ,congress ,the term appropriate committees of ,congress means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,cyber threat indicator ,the term cyber threat indicator has the meaning given the term in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7#c7 ,cybersecurity ,plan ,the term ,cybersecurity ,plan means a plan submitted by an eligible entity under subsection 7e77#a74 7#d7 ,eligible entity ,the term eligible entity means a-- 7,a7 ,state2 or 7,b7 ,tribal government4 7#e7 ,incident ,the term incident has the meaning given the term in section #bbji4 7#f7 ,information sharing and analysis organization ,the term information sharing and analysis organization has the meaning given the term in section #bbbb4 7#g7 ,information system ,the term information system has the meaning given the term in section #ajb of the ,cybersecurity ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7#h7 ,multi-entity group ,the term multi-entity group means a group of #b or more eligible entities desiring a grant under this section4 7#i7 ,online service ,the term online service means any internet-facing service1 including a website1 email1 virtual private network1 or custom application4 7#aj7 ,rural area ,the term rural area has the meaning given the term in section #ecjb of title #di1 ,united ,states ,code4 7#aa7 ,state and ,local ,cybersecurity ,grant ,program ,the term ,state and ,local ,cybersecurity ,grant ,program means the program established under subsection 7b74 7#ab7 ,tribal government ,the term ,tribal government means the recognized governing body of any ,indian or ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 that is individually identified 7including parenthetically7 in the most recent list published pursuant to ,section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7b7 ,establishment 7#a7 ,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 by1 or on behalf of1 ,state1 local1 or ,tribal governments4 7#b7 ,application ,an eligible entity desiring a grant under the ,state and ,local ,cybersecurity ,grant ,program shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7c7 ,administration ,the ,state and ,local ,cybersecurity ,grant ,program shall be administered in the same office of the ,department that administers grants made under sections #bjjc and #bjjd4 7d7 ,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 section1 as appropriate1 shall use the grant to-- 7#a7 implement the ,cybersecurity ,plan of the eligible entity2 7#b7 develop or revise the ,cybersecurity ,plan of the eligible entity2 7#c7 pay expenses directly relating to the administration of the grant1 which shall not exceed #e percent of the amount of the grant2 7#d7 assist with activities that address imminent cybersecurity threats1 as confirmed by the ,secretary1 acting through the ,director1 to the information systems owned or operated by1 or on behalf of1 the eligible entity or a local government within the jurisdiction of the eligible entity2 or 7#e7 fund any other appropriate activity determined by the ,secretary1 acting through the ,director4 7e7 ,cybersecurity plans 7#a7 ,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 7i74 7#b7 ,required elements ,a ,cybersecurity ,plan of an eligible entity shall-- 7,a7 incorporate1 to the extent practicable-- 7i7 any existing plans of the eligible entity to protect against cybersecurity risks and cybersecurity threats to information systems owned or operated by1 or on behalf of1 ,state1 local1 or ,tribal governments2 and 7ii7 if the eligible entity is a ,state1 consultation and feedback from local governments and associations of local governments within the jurisdiction of the eligible entity2 7,b7 describe1 to the extent practicable1 how the eligible entity will-- 7i7 manage1 monitor1 and track information systems1 applications1 and user accounts owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 and the information technology deployed on those information systems1 including legacy information systems and information technology that are no longer supported by the manufacturer of the systems or technology2 7ii7 monitor1 audit1 and1 track network traffic and activity transiting or traveling to or from information systems1 applications1 and user accounts owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity2 7iii7 enhance the preparation1 response1 and resiliency of information systems1 applications1 and user accounts owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 against cybersecurity risks and cybersecurity threats2 7iv7 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 systems1 applications1 and user accounts owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity2 7v7 ensure that the eligible entity and1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 adopt and use best practices and methodologies to enhance cybersecurity1 such as-- 7,i7 the practices set forth in the cybersecurity framework developed by the ,national ,institute of ,standards and ,technology2 7,,ii7 cyber chain supply chain risk management best practices identified by the ,national ,institute of ,standards and ,technology2 and 7,,iii7 knowledge bases of adversary tools and tactics2 7vi7 promote the delivery of safe1 recognizable1 and trustworthy online services by the eligible entity and1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 including through the use of the 4gov internet domain2 7vii7 ensure continuity of operations of the eligible entity and1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 in the event of a cybersecurity incident1 including by conducting exercises to practice responding to a cybersecurity incident2 7viii7 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 and1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 enhance recruitment and retention efforts for those workforces1 and bolster the knowledge1 skills1 and abilities of personnel of the eligible entity and1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 to address cybersecurity risks and cybersecurity threats1 such as through cybersecurity hygiene training2 7ix7 if the eligible entity is a ,state1 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 networks2 7x7 assess and mitigate1 to the greatest degree possible1 cybersecurity risks and cybersecurity threats relating to critical infrastructure and key resources1 the degradation of which may impact the performance of information systems within the jurisdiction of the eligible entity2 7xi7 enhance capabilities to share cyber threat indicators and related information between the eligible entity and-- 7,i7 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity1 including by expanding information sharing agreements with the ,department2 and 7,,ii7 the ,department2 7xii7 leverage cybersecurity services offered by the ,department2 7xiii7 implement an information technology and operational technology modernization cybersecurity review process that ensures alignment between information technology and operational technology cybersecurity objectives2 7xiv7 develop and coordinate strategies to address cybersecurity risks and cybersecurity threats in consultation with-- 7,i7 if the eligible entity is a ,state1 local governments and associations of local governments within the jurisdiction of the eligible entity2 and 7,,ii7 as applicable-- 7aa7 eligible entities that neighbor the jurisdiction of the eligible entity or1 as appropriate1 members of an information sharing and analysis organization2 and 7bb7 countries that neighbor the jurisdiction of the eligible entity2 7xv7 ensure adequate access to1 and participation in1 the services and programs described in this subparagraph by rural areas within the jurisdiction of the eligible entity2 and 7xvi7 distribute funds1 items1 services1 capabilities1 or activities to local governments under subsection 7n77#b77;,a71 including the fraction of that distribution the eligible entity plans to distribute to rural areas under subsection 7n77#b77;,b72 7,c7 assess the capabilities of the eligible entity relating to the actions described in subparagraph 7,b72 7,d7 describe1 as appropriate and to the extent practicable1 the individual responsibilities of the eligible entity and local governments within the jurisdiction of the eligible entity in implementing the plan2 7,e7 outline1 to the extent practicable1 the necessary resources and a timeline for implementing the plan2 and 7,f7 describe the metrics the eligible entity will use to measure progress towards-- 7i7 implementing the plan2 and 7ii7 reducing cybersecurity risks to1 and identifying1 responding to1 and recovering from cybersecurity threats to1 information systems owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity4 7#c7 ,discretionary elements ,in drafting a ,cybersecurity ,plan1 an eligible entity may-- 7,a7 consult with the ,multi-,state ,information ,sharing and ,analysis ,center2 7,b7 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 threats2 and 7,c7 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 threats4 7f7 ,multi-entity grants 7#a7 ,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 group4 7#b7 ,satisfaction of other requirements ,in order to be eligible for a multi-entity grant under this subsection1 each eligible entity that comprises a multi-entity group shall have-- 7,a7 a ,cybersecurity ,plan that has been reviewed by the ,secretary in accordance with subsection 7i72 and 7,b7 a cybersecurity planning committee established in accordance with subsection 7g74 7#c7 ,application 7,a7 ,in general ,a multi-entity group applying for a multi-entity grant under paragraph 7#a7 shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7,b7 ,multi-entity project plan ,an application for a grant under this section of a multi-entity group under subparagraph 7,a7 shall include a plan describing-- 7i7 the division of responsibilities among the eligible entities that comprise the multi-entity group2 7ii7 the distribution of funding from the grant among the eligible entities that comprise the multi-entity group2 and 7iii7 how the eligible entities that comprise the multi-entity group will work together to implement the ,cybersecurity ,plan of each of those eligible entities4 7g7 ,planning committees 7#a7 ,in general ,an eligible entity that receives a grant under this section shall establish a cybersecurity planning committee to-- 7,a7 assist with the development1 implementation1 and revision of the ,cybersecurity ,plan of the eligible entity2 7,b7 approve the ,cybersecurity ,plan of the eligible entity2 and 7,c7 assist with the determination of effective funding priorities for a grant under this section in accordance with subsections 7d7 and 7j74 7#b7 ,composition ,a committee of an eligible entity established under paragraph 7#a7 shall-- 7,a7 be comprised of representatives from-- 7i7 the eligible entity2 7ii7 if the eligible entity is a ,state1 counties1 cities1 and towns within the jurisdiction of the eligible entity2 and 7iii7 institutions of public education and health within the jurisdiction of the eligible entity2 and 7,b7 include1 as appropriate1 representatives of rural1 suburban1 and high-population jurisdictions4 7#c7 ,cybersecurity expertise ,not less than one-half of the representatives of a committee established under paragraph 7#a7 shall have professional experience relating to cybersecurity or information technology4 7#d7 ,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-- 7,a7 meets the requirements of this subsection2 or 7,b7 may be expanded or leveraged to meet the requirements of this subsection1 including through the formation of a cybersecurity planning subcommittee4 7#e7 ,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 by1 or on behalf of1 the eligible entity4 7h7 ,special rule for ,tribal governments ,with respect to any requirement under subsection 7e7 or 7g71 the ,secretary1 in consultation with the ,secretary of the ,interior and ,tribal governments1 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 section4 7i7 ,review of plans 7#a7 ,review as condition of grant 7,a7 ,in general ,subject to paragraph 7#c71 before an eligible entity may receive a grant under this section1 the ,secretary1 acting through the ,director1 shall-- 7i7 review the ,cybersecurity ,plan of the eligible entity1 including any revised ,cybersecurity ,plans of the eligible entity2 and 7ii7 determine that the ,cybersecurity ,plan reviewed under clause 7i7 satisfies the requirements under paragraph 7#b74 7,b7 ,duration of determination ,in the case of a determination under subparagraph 7,a77ii7 that a ,cybersecurity ,plan satisfies the requirements under paragraph 7#b71 the determination shall be effective for the #b-year period beginning on the date of the determination4 7,c7 ,annual renewal ,not later than #b years after the date on which the ,secretary determines under subparagraph 7,a77ii7 that a ,cybersecurity ,plan satisfies the requirements under paragraph 7#b71 and annually thereafter1 the ,secretary1 acting through the ,director1 shall-- 7i7 determine whether the ,cybersecurity ,plan and any revisions continue to meet the criteria described in paragraph 7#b72 and 7ii7 renew the determination if the ,secretary1 acting through the ,director1 makes a positive determination under clause 7i74 7#b7 ,plan requirements ,in reviewing a ,cybersecurity ,plan of an eligible entity under this subsection1 the ,secretary1 acting through the ,director1 shall ensure that the ,cybersecurity ,plan-- 7,a7 satisfies the requirements of subsection 7e77#b72 and 7,b7 has been approved by-- 7i7 the cybersecurity planning committee of the eligible entity established under subsection 7g72 and 7ii7 the ,chief ,information ,officer1 the ,chief ,information ,security ,officer1 or an equivalent official of the eligible entity4 7#c7 ,exception ,notwithstanding subsection 7e7 and paragraph 7#a7 of this subsection1 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 #cj1 #bjbc1 if the eligible entity certifies to the ,secretary that-- 7,a7 the activities that will be supported by the grant are-- 7i7 integral to the development of the ,cybersecurity ,plan of the eligible entity2 or 7ii7 necessary to assist with activities described in subsection 7d77#d71 as confirmed by the ,director2 and 7,b7 the eligible entity will submit to the ,secretary a ,cybersecurity ,plan for review under this subsection by ,september #cj1 #bjbc4 7#d7 ,rule of construction ,nothing in this subsection shall be construed to provide authority to the ,secretary to-- 7,a7 regulate the manner by which an eligible entity or local government improves the cybersecurity of the information systems owned or operated by1 or on behalf of1 the eligible entity or local government2 or 7,b7 condition the receipt of grants under this section on-- 7i7 participation in a particular ,federal program2 or 7ii7 the use of a specific product or technology4 7j7 ,limitations on uses of funds 7#a7 ,in general ,any entity that receives funds from a grant under this section may not use the grant-- 7,a7 to supplant ,state or local funds2 7,b7 for any recipient cost-sharing contribution2 7,c7 to pay a ransom2 7,d7 for recreational or social purposes2 or 7,e7 for any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by1 or on behalf of1 the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity4 7#b7 ,compliance oversight ,in addition to any other remedy available1 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 awarded4 7#c7 ,rule of construction ,nothing in paragraph 7#a77;,a7 shall be construed to prohibit the use of funds from a grant under this section awarded to a ,state1 local1 or ,tribal government for otherwise permissible uses under this section on the basis that the ,state1 local1 or ,tribal government has previously used ,state1 local1 or ,tribal funds to support the same or similar uses4 7k7 ,opportunity to amend applications ,in considering applications for grants under this section1 the ,secretary shall provide applicants with a reasonable opportunity to correct any defects in those applications before making final awards1 including by allowing applicants to revise a submitted ,cybersecurity ,plan4 7l7 ,apportionment ,for fiscal year #bjbb and each fiscal year thereafter1 the ,secretary shall apportion amounts appropriated to carry out this section among eligible entities as follows3 7#a7 ,baseline amount ,the ,secretary shall first apportion-- 7,a7 #j4be percent of such amounts to each of ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 and the ,united ,states ,virgin ,islands2 7,b7 #a percent of such amounts to each of the remaining ,states2 and 7,c7 #c percent of such amounts to ,tribal governments4 7#b7 ,remainder ,the ,secretary shall apportion the remainder of such amounts to ,states as follows3 7,a7 #ej percent of such remainder in the ratio that the population of each ,state1 bears to the population of all ,states2 and 7,b7 #ej percent of such remainder in the ratio that the population of each ,state that resides in rural areas1 bears to the population of all ,states that resides in rural areas4 7#c7 ,apportionment among ,tribal governments ,in determining how to apportion amounts to ,tribal governments under paragraph 7#a77;,c71 the ,secretary shall consult with the ,secretary of the ,interior and ,tribal governments4 7#d7 ,multi-entity grants ,an amount received from a multi-entity grant awarded under subsection 7f77#a7 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 subsection4 7m7 ,federal share 7#a7 ,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-- 7,a7 in the case of a grant to an eligible entity-- 7i7 for fiscal year #bjbb1 #ij percent2 7ii7 for fiscal year #bjbc1 #hj percent2 7iii7 for fiscal year #bjbd1 #gj percent2 and 7iv7 for fiscal year #bjbe1 #fj percent2 and 7,b7 in the case of a grant to a multi-entity group-- 7i7 for fiscal year #bjbb1 #ajj percent2 7ii7 for fiscal year #bjbc1 #ij percent2 7iii7 for fiscal year #bjbd1 #hj percent2 and 7iv7 for fiscal year #bjbe1 #gj percent4 7#b7 ,waiver 7,a7 ,in general ,the ,secretary may waive or modify the requirements of paragraph 7#a7 if an eligible entity or multi-entity group demonstrates economic hardship4 7,b7 ,guidelines ,the ,secretary shall establish and publish guidelines for determining what constitutes economic hardship for the purposes of this subsection4 7,c7 ,considerations ,in developing guidelines under subparagraph 7,b71 the ,secretary shall consider1 with respect to the jurisdiction of an eligible entity-- 7i7 changes in rates of unemployment in the jurisdiction from previous years2 7ii7 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 #bjjh 7#g ,u4,s4,c4 #bjaa et seq47 from previous years2 and 7iii7 any other factors the ,secretary considers appropriate4 7#c7 ,waiver for ,tribal governments ,notwithstanding paragraph 7#b71 the ,secretary1 in consultation with the ,secretary of the ,interior and ,tribal governments1 may waive or modify the requirements of paragraph 7#a7 for #a or more ,tribal governments if the ,secretary determines that the waiver is in the public interest4 7n7 ,responsibilities of grantees 7#a7 ,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-- 7,a7 for the purpose for which the grant is awarded2 and 7,b7 in compliance with subsections 7d7 and 7j74 7#b7 ,availability of funds to local governments and rural areas 7,a7 ,in general ,subject to subparagraph 7,c71 not later than #de days after the date on which an eligible entity or multi-entity group receives a grant under this section1 the eligible entity or multi-entity group shall1 without imposing unreasonable or unduly burdensome requirements as a condition of receipt1 obligate or otherwise make available to local governments within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group1 consistent with the ,cybersecurity ,plan of the eligible entity or the ,cybersecurity ,plans of the eligible entities that comprise the multi-entity group-- 7i7 not less than #hj percent of funds available under the grant2 7ii7 with the consent of the local governments1 items1 services1 capabilities1 or activities having a value of not less than #hj percent of the amount of the grant2 or 7iii7 with the consent of the local governments1 grant funds combined with other items1 services1 capabilities1 or activities having the total value of not less than #hj percent of the amount of the grant4 7,b7 ,availability to rural areas ,in obligating funds1 items1 services1 capabilities1 or activities to local governments under subparagraph 7,a71 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-- 7i7 #be percent of the amount of the grant awarded to the eligible entity2 7ii7 items1 services1 capabilities1 or activities having a value of not less than #be percent of the amount of the grant awarded to the eligible entity2 or 7iii7 grant funds combined with other items1 services1 capabilities1 or activities having the total value of not less than #be percent of the grant awarded to the eligible entity4 7,c7 ,exceptions ,this paragraph shall not apply to-- 7i7 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 entity2 or 7ii7 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 the ,commonwealth of the ,northern ,mariana ,islands1 ,guam1 the ,united ,states ,virgin ,islands1 or a ,tribal government4 7#c7 ,certifications regarding distribution of grant funds to local governments ,an eligible entity or multi-entity group shall certify to the ,secretary that the eligible entity or multi-entity group has made the distribution to local governments required under paragraph 7#b74 7#d7 ,extension of period 7,a7 ,in general ,an eligible entity or multi-entity group may request in writing that the ,secretary extend the period of time specified in paragraph 7#b7 for an additional period of time4 7,b7 ,approval ,the ,secretary may approve a request for an extension under subparagraph 7,a7 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 ,program4 7#e7 ,direct funding ,if an eligible entity does not make a distribution to a local government required under paragraph 7#b7 in a timely fashion1 the local government may petition the ,secretary to request the ,secretary to provide funds directly to the local government4 7#f7 ,limitation on construction ,a grant awarded under this section may not be used to acquire land or to construct1 remodel1 or perform alterations of buildings or other physical facilities4 7#g7 ,consultation in allocating funds ,an eligible entity applying for a grant under this section shall agree to consult the ,chief ,information ,officer1 the ,chief ,information ,security ,officer1 or an equivalent official of the eligible entity in allocating funds from a grant awarded under this section4 7#h7 ,penalties ,in addition to other remedies available to the ,secretary1 if an eligible entity violates a requirement of this subsection1 the ,secretary may-- 7,a7 terminate or reduce the amount of a grant awarded under this section to the eligible entity2 or 7,b7 distribute grant funds previously awarded to the eligible entity-- 7i7 in the case of an eligible entity that is a ,state1 directly to the appropriate local government as a replacement grant in an amount determined by the ,secretary2 or 7ii7 in the case of an eligible entity that is a ,tribal government1 to another ,tribal government or ,tribal governments as a replacement grant in an amount determined by the ,secretary4 7o7 ,consultation with state1 local1 and tribal representatives ,in carrying out this section1 the ,secretary shall consult with ,state1 local1 and ,tribal representatives with professional experience relating to cybersecurity1 including representatives of associations representing ,state1 local1 and ,tribal governments1 to inform-- 7#a7 guidance for applicants for grants under this section1 including guidance for ,cybersecurity ,plans2 7#b7 the study of risk-based formulas required under subsection 7q77#d72 7#c7 the development of guidelines required under subsection 7m77#b77;,b72 and 7#d7 any modifications described in subsection 7q77#b77;,d74 7p7 ,notification to ,congress ,not later than #c business days before the date on which the ,department announces the award of a grant to an eligible entity under this section1 including an announcement to the eligible entity1 the ,secretary shall provide to the appropriate committees of ,congress notice of the announcement4 7q7 ,reports1 study1 and review 7#a7 ,annual reports by grant recipients 7,a7 ,in general ,not later than #a 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 entity1 including an eligible entity that comprises a multi-entity group that receives a grant for that purpose1 and annually thereafter until #a year after the date on which funds from the grant are expended or returned1 the eligible entity shall submit to the ,secretary a report that1 using the metrics described in the ,cybersecurity ,plan of the eligible entity1 describes the progress of the eligible entity in-- 7i7 implementing the ,cybersecurity ,plan of the eligible entity2 and 7ii7 reducing cybersecurity risks to1 and identifying1 responding to1 and recovering from cybersecurity threats to1 information systems owned or operated by1 or on behalf of1 the eligible entity or1 if the eligible entity is a ,state1 local governments within the jurisdiction of the eligible entity4 7,b7 ,absence of plan ,not later than #a year after the date on which an eligible entity that does not have a ,cybersecurity ,plan receives funds under this section1 and annually thereafter until #a year after the date on which funds from the grant are expended or returned1 the eligible entity shall submit to the ,secretary a report describing how the eligible entity obligated and expended grant funds to-- 7i7 develop or revise a ,cybersecurity ,plan2 or 7ii7 assist with the activities described in subsection 7d77#d74 7#b7 ,annual reports to ,congress ,not less frequently than annually1 the ,secretary1 acting through the ,director1 shall submit to ,congress a report on-- 7,a7 the use of grants awarded under this section2 7,b7 the proportion of grants used to support cybersecurity in rural areas2 7,c7 the effectiveness of the ,state and ,local ,cybersecurity ,grant ,program2 7,d7 any necessary modifications to the ,state and ,local ,cybersecurity ,grant ,program2 and 7,e7 any progress made toward-- 7i7 developing1 implementing1 or revising ,cybersecurity ,plans2 and 7ii7 reducing cybersecurity risks to1 and identifying1 responding to1 and recovering from cybersecurity threats to1 information systems owned or operated by1 or on behalf of1 ,state1 local1 or ,tribal governments as a result of the award of grants under this section4 7#c7 ,public availability 7,a7 ,in general ,the ,secretary1 acting through the ,director1 shall make each report submitted under paragraph 7#b7 publicly available1 including by making each report available on the website of the ,agency4 7,b7 ,redactions ,in making each report publicly available under subparagraph 7,a71 the ,director may make redactions that the ,director1 in consultation with each eligible entity1 determines necessary to protect classified or other information exempt from disclosure under section #eeb of title #e1 ,united ,states ,code 7commonly referred to as the ,freedom of ,information ,act74 7#d7 ,study of risk-based formulas 7,a7 ,in general ,not later than ,september #cj1 #bjbd1 the ,secretary1 acting through the ,director1 shall submit to the appropriate committees of ,congress a study and legislative recommendations on the potential use of a risk-based formula for apportioning funds under this section1 including-- 7i7 potential components that could be included in a risk-based formula1 including the potential impact of those components on support for rural areas under this section2 7ii7 potential sources of data and information necessary for the implementation of a risk-based formula2 7iii7 any obstacles to implementing a risk-based formula1 including obstacles that require a legislative solution2 7iv7 if a risk-based formula were to be implemented for fiscal year #bjbf1 a recommended risk-based formula for the ,state and ,local ,cybersecurity ,grant ,program2 and 7v7 any other information that the ,secretary1 acting through the ,director1 determines necessary to help ,congress understand the progress towards1 and obstacles to1 implementing a risk-based formula4 7,b7 ,inapplicability of ,paperwork ,reduction ,act ,the requirements of chapter #ce of title #dd1 ,united ,states ,code 7commonly referred to as the ,paperwork ,reduction ,act71 shall not apply to any action taken to carry out this paragraph4 7#e7 ,tribal cybersecurity needs report ,not later than #b years after the date of enactment of this section1 the ,secretary1 acting through the ,director1 shall submit to ,congress a report that-- 7,a7 describes the cybersecurity needs of ,tribal governments1 which shall be determined in consultation with the ,secretary of the ,interior and ,tribal governments2 and 7,b7 includes any recommendations for addressing the cybersecurity needs of ,tribal governments1 including any necessary modifications to the ,state and ,local ,cybersecurity ,grant ,program to better serve ,tribal governments4 7#f7 ,,gao review ,not later than #c years after the date of enactment of this section1 the ,comptroller ,general of the ,united ,states shall conduct a review of the ,state and ,local ,cybersecurity ,grant ,program1 including-- 7,a7 the grant selection process of the ,secretary2 and 7,b7 a sample of grants awarded under this section4 7r7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated for activities under this section-- 7,a7 for fiscal year #bjbb1 #bjj1jjj1jjj2 7,b7 for fiscal year #bjbc1 #djj1jjj1jjj2 7,c7 for fiscal year #bjbd1 #cjj1jjj1jjj2 and 7,d7 for fiscal year #bjbe1 #ajj1jjj1jjj4 7#b7 ,transfers authorized 7,a7 ,in general ,during a fiscal year1 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 #e percent of the amounts appropriated pursuant to paragraph 7#a7 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 salaries1 expenses1 and other administrative costs incurred for the management1 administration1 or evaluation of this section4 7,b7 ,additional appropriations ,any funds transferred under subparagraph 7,a7 shall be in addition to any funds appropriated to the ,department or the components described in subparagraph 7,a7 for salaries1 expenses1 and other administrative costs4 7s7 ,termination 7#a7 ,in general ,subject to paragraph 7#b71 the requirements of this section shall terminate on ,september #cj1 #bjbe4 7#b7 ,exception ,the reporting requirements under subsection 7q7 shall terminate on the date that is #a year after the date on which the final funds from a grant under this section are expended or returned4 4 7b7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace71 is amended by inserting after the item relating to section #bbag the following3 ,sec4 #bbah4 ,state and ,local ,cybersecurity ,grant ,program4 4 ,,vii ,public-private partnerships #gjgja4 ,value for money analysis 7a7 ,in general ,notwithstanding any other provision of law1 in the case of a project described in subsection 7b71 the entity carrying out the project shall1 during the planning and project development process and prior to signing any ,project ,development ,agreement1 conduct a value for money analysis or comparable analysis of the project1 which shall include an evaluation of-- 7#a7 the life-cycle cost and project delivery schedule2 7#b7 the costs of using public funding versus private financing for the project2 7#c7 a description of the key assumptions made in developing the analysis1 including-- 7,a7 an analysis of any ,federal grants or loans and subsidies received or expected 7including tax depreciation costs72 7,b7 the key terms of the proposed public-private partnership agreement1 if applicable 7including the expected rate of return for private debt and equity71 and major compensation events2 7,c7 a discussion of the benefits and costs associated with the allocation of risk2 7,d7 the determination of risk premiums assigned to various project delivery scenarios2 7,e7 assumptions about use1 demand1 and any user fee revenue generated by the project2 and 7,f7 any externality benefits for the public generated by the project2 7#d7 a forecast of user fees and other revenues expected to be generated by the project1 if applicable2 and 7#e7 any other information the ,secretary of ,transportation determines to be appropriate4 7b7 ,project described ,a project referred to in subsection 7a7 is a transportation project-- 7#a7 with an estimated total cost of more than #gej1jjj1jjj2 7#b7 carried out-- 7,a7 by a public entity that is a ,state1 territory1 ,indian ,tribe1 unit of local government1 transit agency1 port authority1 metropolitan planning organization1 airport authority1 or other political subdivision of a ,state or local government2 and 7,b7 in a ,state in which there is in effect a ,state law authorizing the use and implementation of public-private partnerships for transportation projects2 and 7#c7 7,a7 that intends to submit a letter of interest1 or has submitted a letter of interest after the date of enactment of this ,act1 to be carried out with-- 7i7 assistance under the ,,tifia program under chapter #f of title #bc1 ,united ,states ,code2 or 7ii7 assistance under the ,railroad ,rehabilitation and ,improvement ,financing ,program of the ,federal ,railroad ,administration established under chapter #bbd of title #di1 ,united ,states ,code2 and 7,b7 that is anticipated to generate user fees or other revenues that could support the capital and operating costs of such project4 7c7 ,reporting requirements 7#a7 ,project reports ,for each project described in subsection 7b71 the entity carrying out the project shall-- 7,a7 include the results of the analysis under subsection 7a7 on the website of the project2 and 7,b7 submit the results of the analysis to the ,build ,america ,bureau and the ,secretary of ,transportation4 7#b7 ,report to ,congress ,the ,secretary of ,transportation1 in coordination with the ,build ,america ,bureau1 shall1 not later than #b years after the date of enactment of this ,act-- 7,a7 compile the analyses submitted under paragraph 7#a77;,b72 and 7,b7 submit to ,congress a report that-- 7i7 includes the analyses submitted under paragraph 7#a77;,b72 7ii7 describes-- 7,i7 the use of private financing for projects described in subsection 7b72 and 7,,ii7 the costs and benefits of conducting a value for money analysis2 and 7iii7 identifies best practices for private financing of projects described in subsection 7b74 7d7 ,guidance ,the ,secretary of ,transportation1 in coordination with the ,build ,america ,bureau1 shall issue guidance on performance benchmarks1 risk premiums1 and expected rates of return on private financing for projects described in subsection 7b74 ,,viii ,federal permitting improvement #gjhja4 ,federal permitting improvement 7a7 ,definitions ,section #dajja of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm7 is amended-- 7#a7 in paragraph 7#c71 by inserting and any interagency consultation after issued by an agency2 7#b7 in paragraph 7#d71 by striking means and all that follows through the period at the end of subparagraph 7,b7 and inserting has the meaning given the term in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations742 7#c7 in paragraph 7#e71 by striking ,federal ,infrastructure ,permitting ,improvement ,steering ,council and inserting ,federal ,permitting ,improvement ,steering ,council2 7#d7 in paragraph 7#f77;,a7-- 7,a7 in clause 7ii71 by striking or at the end2 7,b7 by redesignating clause 7iii7 as clause 7iv72 and 7,c7 by inserting after clause 7ii7 the following3 7iii7 is-- 7,i7 subject to ,,nepa2 7,,ii7 sponsored by an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 an ,alaska ,native ,corporation1 a ,native ,hawaiian organization 7as defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag771 the ,department of ,hawaiian ,home ,lands1 or the ,office of ,hawaiian ,affairs2 and 7,,iii7 located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause 7,,ii72 or 2 and 7#e7 in paragraph 7#h71 by striking means and all that follows through the period at the end and inserting has the meaning given the term in section #aejh4a of title #dj1 ,code of ,federal ,regulations 7or successor regulations744 7b7 ,federal ,permitting ,improvement ,steering ,council ,section #dajjb of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7 is amended-- 7#a7 in the section heading1 by striking ,federal ,permitting ,improvement ,council and inserting ,federal ,permitting ,improvement ,steering ,council2 7#b7 in subsection 7b77#b77;,a7-- 7,a7 in clause 7i7-- 7i7 by striking ,each and inserting the following3 7,i7 ,in general ,each 2 and 7ii7 by adding at the end the following3 7,,ii7 ,redesignation ,if an individual listed in subparagraph 7,b7 designates a different member to serve on the ,council than the member designated under subclause 7,i71 the individual shall notify the ,executive ,director of the designation by not later than #cj days after the date on which the designation is made4 2 and 7,b7 in clause 7iii77,,ii71 by striking a deputy secretary 7or the equivalent7 or higher and inserting the applicable agency councilmember2 7#c7 in subsection 7c7-- 7,a7 in paragraph 7#a77;,c77ii7-- 7i7 by striking subclause 7,i7 and inserting the following3 7,i7 ,in general ,the performance schedules shall reflect employment of the most sound and efficient applicable processes1 including the alignment of ,federal reviews of projects1 reduction of permitting and project delivery time1 and consideration of the best practices for public participation4 2 7ii7 by redesignating subclause 7,,ii7 as subclause 7,,iii72 7iii7 by inserting after subclause 7,i7 the following3 7,,ii7 ,goal 7aa7 ,in general ,to the maximum extent practicable1 and consistent with applicable ,federal law1 the ,executive ,director1 in consultation with the ,council1 shall aim to develop recommended performance schedules under clause 7i7 of not more than #b years4 7bb7 ,exception ,if a recommended performance schedule developed under clause 7i7 exceeds #b years1 the relevant agencies1 in consultation with the ,executive ,director and the ,council1 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 #b years4 2 and 7iv7 in subclause 7,,iii77bb7 7as so redesignated71 by striking on the basis of data from the preceding #b calendar years and inserting based on relevant historical data1 as determined by the ,executive ,director12 7,b7 in paragraph 7#b77;,b7-- 7i7 in the matter preceding clause 7i71 by striking later than and all that follows through practices for and inserting less frequently than annually1 the ,council shall issue recommendations on the best practices for improving the ,federal permitting process for covered projects1 which may include2 7ii7 in clause 7i7-- 7,i7 by striking stakeholder engagement1 including fully considering and inserting 8stakeholder engagement1 including-- 7,,ii7 fully considering 2 and 7,,ii7 by inserting before subclause 7,,ii7 7as added by subclause 7,i77 the following3 7,i7 engaging with ,native ,american stakeholders to ensure that project sponsors and agencies identify potential natural1 archeological1 and cultural resources and locations of historic and religious significance in the area of a covered project2 and 2 7iii7 in clause 7vii71 by striking and at the end2 7iv7 by redesignating clause 7viii7 as clause 7x72 and 7v7 by inserting after clause 7vii7 the following3 7viii7 in coordination with the ,executive ,director1 improving preliminary engagement with project sponsors in developing coordinated project plans2 7ix7 using programmatic assessments1 templates1 and other tools based on the best available science and data2 and 2 and 7,c7 in paragraph 7#c77;,a71 by inserting 1 including agency compliance with intermediate and final completion dates described in coordinated project plans after authorizations2 and 7#d7 by striking subsection 7d74 7c7 ,permitting process improvement ,section #dajjc of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#b7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by adding at the end the following3 7,d7 ,confidentiality ,any information relating to ,native ,american natural1 cultural1 and historical resources submitted in a notice by a project sponsor under subparagraph 7,a7 shall be-- 7i7 kept confidential2 and 7ii7 exempt from the disclosure requirements under section #eeb of title #e1 ,united ,states ,code 7commonly known as the ,freedom of ,information ,act71 and the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 2 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by striking #de days and inserting #ba calendar days2 and 7ii7 in subparagraph 7,b71 by inserting #ad calendar day before deadline2 and 7,c7 in paragraph 7#c77;,a71 in the matter preceding clause 7i71 by inserting and the ,executive ,director after as applicable12 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#b77;,a71 by adding at the end the following3 7iii7 ,projects other than covered projects 7,i7 ,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 transparency4 7,,ii7 ,requirements ,not later than #ad 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 7,i71 the lead agency shall create and maintain a specific entry on the ,dashboard for the project that contains-- 7aa7 a comprehensive permitting timetable1 as described in subsection 7c77#b77;,a72 7bb7 the status of the compliance of each lead agency1 cooperating agency1 and participating agency with the permitting timetable required under item 7aa72 7cc7 any modifications of the permitting timetable required under item 7aa71 including an explanation as to why the permitting timetable was modified2 and 7dd7 information about project-related public meetings1 public hearings1 and public comment periods1 which shall be presented in ,english and the predominant language of the community or communities most affected by the project1 as that information becomes available4 2 and 7,b7 in paragraph 7#c77;,a7-- 7i7 in clause 7i7-- 7,i7 in subclause 7,,iv71 by striking and at the end2 7,,ii7 by redesignating subclause 7,v7 as subclause 7,,vi72 7,,iii7 by inserting after subclause 7,,iv7 the following3 7,v7 information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process1 including whether and when the mitigation measures have been fully implemented2 and 2 and 7,,iv7 in subclause 7,,vi7 7as so redesignated71 by striking and at the end2 7ii7 in clause 7ii71 by striking the period at the end and inserting 2 and2 and 7iii7 by adding at the end the following3 7iii7 information about project-related public meetings1 public hearings1 and public comment periods1 which shall be presented in ,english and the predominant language of the community or communities most affected by the project1 as that information becomes available4 2 and 7#c7 in subsection 7c77#b7-- 7,a7 in subparagraph 7,a71 strike coordination and insert coordinated2 7,b7 in subparagraph 7,d77i7-- 7i7 by redesignating subclauses 7,i7 through 7,,iii7 as subclauses 7,,ii7 through 7,,iv71 respectively2 7ii7 by inserting before subclause 7,,ii7 7as so redesignated7 the following3 7,i7 the facilitating or lead agency1 as applicable1 consults with the ,executive ,director regarding the potential modification not less than #ae days before engaging in the consultation under subclause 7,,ii72 2 and 7iii7 in subclause 7,,ii7 7as so redesignated71 by inserting 1 the ,executive ,director1 after participating agencies2 and 7,c7 in subparagraph 7,f7-- 7i7 in clause 7i7-- 7,i7 by inserting intermediate and final before completion dates2 and 7,,ii7 by inserting intermediate or final before completion date2 and 7ii7 in clause 7ii7-- 7,i7 in the matter preceding subclause 7,i71 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 #cj days before2 and 7,,ii7 in subclause 7,i71 by striking significantly risking failing to conform and inserting reasonably believing the agency will fail to conform4 7d7 ,coordination of required reviews ,section #dajje of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#d7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a71 by striking and at the end2 7,b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#c7 where an environmental impact statement is required for a project1 prepare a single1 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 authorization4 2 7#b7 in subsection 7b7-- 7,a7 by striking 7#a7 ,state environmental documents2 supplemental documents4--2 7,b7 by redesignating subparagraphs 7,a7 through 7,e7 as paragraphs 7#a7 through 7#e71 respectively1 and indenting appropriately2 7,c7 in paragraph 7#a7 7as so redesignated7-- 7i7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 and 7ii7 in subparagraph 7,a7 7as so redesignated7-- 7,i7 by striking ,state laws and procedures and inserting the laws and procedures of a ,state or ,indian ,tribe 7as defined in section #ajb of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eacj772 and 7,,ii7 by inserting developed pursuant to laws and procedures of that ,state or ,indian ,tribe 7as so defined7 that are of equal or greater rigor to each applicable ,federal law and procedure1 and after ,council on ,environmental ,quality12 7,d7 in paragraph 7#b7 7as so redesignated71 by striking subparagraph 7,a7 each place it appears and inserting paragraph 7#a72 7,e7 in paragraph 7#c7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 7,f7 in paragraph 7#d7 7as so redesignated7-- 7i7 in the matter preceding clause 7i71 by striking subparagraph 7,c7 and inserting paragraph 7#c72 and 7ii7 by redesignating clauses 7i7 and 7ii7 as subparagraphs 7,a7 and 7,b71 respectively1 and indenting appropriately2 and 7,g7 in paragraph 7#e7 7as so redesignated7-- 7i7 by striking subparagraph 7,a7 and inserting paragraph 7#a72 and 7ii7 by striking subparagraph 7,c7 and inserting paragraph 7#c72 7#c7 in subsection 7c77#d7-- 7,a7 in the matter preceding subparagraph 7,a71 by striking determines that the development of the higher level of detail will not prevent-- and inserting determines that--2 7,b7 in subparagraph 7,a71 by inserting the development of the higher level of detail will not prevent before the lead agency2 and 7,c7 by striking subparagraph 7,b7 and inserting the following3 7,b7 the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives4 2 7#d7 by redesignating subsection 7f7 as subsection 7g72 and 7#e7 by inserting after subsection 7e7 the following3 7f7 ,record of decision ,when an environmental impact statement is prepared1 ,federal agencies must1 to the maximum extent practicable1 issue a record of decision not later than #ij days after the date on which the final environmental impact statement is issued4 4 7e7 ,litigation1 judicial review1 and savings provision ,section #dajjg of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#f7 is amended-- 7#a7 in subsection 7a77#a7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking the action and inserting the claim2 and 7ii7 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 authorization2 and 7,b7 in subparagraph 7,b77i71 by striking the action and inserting the claim2 and 7#b7 in subsection 7e71 in the matter preceding paragraph 7#a71 by striking this section and inserting this title4 7f7 ,reports ,section #dajjh of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#g7 is amended by striking subsection 7a7 and inserting the following3 7a7 ,reports to ,congress 7#a7 ,executive ,director annual report 7,a7 ,in general ,not later than ,april #ae of each year for #aj years beginning on the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,executive ,director shall submit to ,congress a report detailing the progress accomplished under this title during the previous fiscal year4 7,b7 ,opportunity to include comments ,each councilmember1 with input from the respective agency ,,cerpo1 shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph 7,a74 7#b7 ,quarterly agency performance report ,the ,executive ,director shall submit to ,congress a quarterly report evaluating agency compliance with the provisions of this title1 which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section #dajjc7;c74 7#c7 ,agency best practices report ,not later than ,april #ae of each year1 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 #dajjb7;c77#b77;,b74 4 7g7 ,funding for governance1 oversight1 and processing of environmental reviews and permits ,section #dajji of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#h7 is amended-- 7#a7 by striking subsection 7a7 and inserting the following3 7a7 ,in general ,for the purpose of carrying out this title1 the ,executive ,director1 in consultation with the heads of the agencies listed in section #dajjb7;b77#b77;,b7 and with the guidance of the ,director of the ,office of ,management and ,budget1 may1 after public notice and opportunity for comment1 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 projects4 2 7#b7 in subsection 7b71 by striking and #dajjc and inserting through #dajjh2 and 7#c7 in subsection 7d7-- 7,a7 in the subsection heading1 by striking and ,permitting2 and 7,b7 by striking paragraphs 7#b7 and 7#c7 and inserting the following3 7#b7 ,availability ,amounts in the ,fund shall be available to the ,executive ,director1 without fiscal year limitation1 solely for the purposes of administering1 implementing1 and enforcing this title1 including the expenses of the ,council1 staffing of the ,office of the ,executive ,director1 and support of the role of the ,council as a ,federal center for permitting excellence1 which may include supporting interagency detailee and rotation opportunities1 advanced training1 enhanced support for agency project managers1 and fora for sharing information and lessons learned4 7#c7 ,transfer ,for the purpose of carrying out this title1 the ,executive ,director1 with the approval of the ,director of the ,office of ,management and ,budget1 may transfer amounts in the ,fund to other ,federal agencies and ,state1 ,tribal1 and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this title1 including direct reimbursement agreements with agency ,c,e,r,p,os1 reimbursable agreements1 and approval and consultation processes and staff for covered projects4 4 7h7 ,sunset ,section #dajac of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#ab7 is repealed4 7i7 ,technical correction ,section #dajjb7;b77#b77;,a77ii7 of the ,,fast ,act 7#db ,u4,s4,c4 #dcgjm-#a7;b77#b77;,a77ii77 is amended by striking councilmem-ber and inserting councilmember4 7j7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,,fast ,act 7,public ,law #aad-id2 #abi ,stat4 #acai7 is amended by striking the item relating to section #dajjb and inserting the following3 ,sec4 #dajjb4 ,federal ,permitting ,improvement ,steering ,council4 4 ,,ix ,build ,america1 ,buy ,america ,a ,build ,america1 ,buy ,america #gjija4 ,short title ,this subtitle may be cited as the ,build ,america1 ,buy ,america ,act4 ,i ,buy ,america sourcing requirements #gjiaa4 ,findings ,congress finds that-- 7#a7 the ,united ,states must make significant investments to install1 upgrade1 or replace the public works infrastructure of the ,united ,states2 7#b7 with respect to investments in the infrastructure of the ,united ,states1 taxpayers expect that their public works infrastructure will be produced in the ,united ,states by ,american workers2 7#c7 ,united ,states taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations1 investment dollars1 and jobs to foreign countries or foreign factories1 particularly those that do not share or openly flout the commitments of the ,united ,states to environmental1 worker1 and workplace safety protections2 7#d7 in procuring materials for public works projects1 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 environmental1 worker1 workplace safety1 and other regulatory requirements of the ,united ,states2 7#e7 common construction materials used in public works infrastructure projects1 including steel1 iron1 manufactured products1 non-ferrous metals1 plastic and polymer-based products 7including polyvinylchloride1 composite building materials1 and polymers used in fiber optic cables71 glass 7including optic glass71 lumber1 and drywall are not adequately covered by a domestic content procurement preference1 thus limiting the impact of taxpayer purchases to enhance supply chains in the ,united ,states2 7#f7 the benefits of domestic content procurement preferences extend beyond economics2 7#g7 by incentivizing domestic manufacturing1 domestic content procurement preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world2 7#h7 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 ,states2 7#i7 for over #ge years1 ,buy ,america and other domestic content procurement preference laws have been part of the ,united ,states procurement policy1 ensuring that the ,united ,states can build and rebuild the infrastructure of the ,united ,states with high-quality ,american-made materials2 7#aj7 before the date of enactment of this ,act1 a domestic content procurement preference requirement may not apply1 may apply only to a narrow scope of products and materials1 or may be limited by waiver with respect to many infrastructure programs1 which necessitates a review of such programs1 including programs for roads1 highways1 and bridges1 public transportation1 dams1 ports1 harbors1 and other maritime facilities1 intercity passenger and freight railroads1 freight and intermodal facilities1 airports1 water systems1 including drinking water and wastewater systems1 electrical transmission facilities and systems1 utilities1 broadband infrastructure1 and buildings and real property2 7#aa7 ,buy ,america laws create demand for domestically produced goods1 helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains2 7#ab7 as of the date of enactment of this ,act1 domestic content procurement preference policies apply to all ,federal ,government procurement and to various ,federal-aid infrastructure programs2 7#ac7 a robust domestic manufacturing sector is a vital component of the national security of the ,united ,states2 7#ad7 as more manufacturing operations of the ,united ,states have moved offshore1 the strength and readiness of the defense industrial base of the ,united ,states has been diminished2 and 7#ae7 domestic content procurement preference laws-- 7,a7 are fully consistent with the international obligations of the ,united ,states2 and 7,b7 together with the government procurements to which the laws apply1 are important levers for ensuring that ,united ,states manufacturers can access the government procurement markets of the trading partners of the ,united ,states4 #gjiab4 ,definitions ,in this part3 7#a7 ,deficient program ,the term deficient program means a program identified by the head of a ,federal agency under section #gjiac7;c74 7#b7 ,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-- 7,a7 all iron and steel used in the project are produced in the ,united ,states2 7,b7 the manufactured products used in the project are produced in the ,united ,states2 or 7,c7 the construction materials used in the project are produced in the ,united ,states4 7#c7 ,federal agency ,the term ,federal agency means any authority of the ,united ,states that is an agency 7as defined in section #cejb of title #dd1 ,united ,states ,code71 other than an independent regulatory agency 7as defined in that section74 7#d7 ,federal financial assistance 7,a7 ,in general ,the term ,federal financial assistance has the meaning given the term in section #bjj4a of title #b1 ,code of ,federal ,regulations 7or successor regulations74 7,b7 ,inclusion ,the term ,federal financial assistance includes all expenditures by a ,federal agency to a non-,federal entity for an infrastructure project1 except that it does not include expenditures for assistance authorized under section #djb1 #djc1 #djd1 #djf1 #djh1 or #ejb of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagj;a1 #eagj;b1 #eagj;c1 #eagb1 #eagd1 or #eaib7 relating to a major disaster or emergency declared by the ,president under section #dja or #eja1 respectively1 of such ,act 7#db ,u4,s4,c4 #eagj1 #eaia7 or pre and post disaster or emergency response expenditures4 7#e7 ,infrastructure ,the term infrastructure includes1 at a minimum1 the structures1 facilities1 and equipment for1 in the ,united ,states-- 7,a7 roads1 highways1 and bridges2 7,b7 public transportation2 7,c7 dams1 ports1 harbors1 and other maritime facilities2 7,d7 intercity passenger and freight railroads2 7,e7 freight and intermodal facilities2 7,f7 airports2 7,g7 water systems1 including drinking water and wastewater systems2 7,h7 electrical transmission facilities and systems2 7,i7 utilities2 7,j7 broadband infrastructure2 and 7,k7 buildings and real property4 7#f7 ,produced in the ,united ,states ,the term produced in the ,united ,states means-- 7,a7 in the case of iron or steel products1 that all manufacturing processes1 from the initial melting stage through the application of coatings1 occurred in the ,united ,states2 7,b7 in the case of manufactured products1 that-- 7i7 the manufactured product was manufactured in the ,united ,states2 and 7ii7 the cost of the components of the manufactured product that are mined1 produced1 or manufactured in the ,united ,states is greater than #ee percent of the total cost of all components of the manufactured product1 unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation2 and 7,c7 in the case of construction materials1 that all manufacturing processes for the construction material occurred in the ,united ,states4 7#g7 ,project ,the term project means the construction1 alteration1 maintenance1 or repair of infrastructure in the ,united ,states4 #gjiac4 ,identification of deficient programs 7a7 ,in general ,not later than #fj days after the date of enactment of this ,act1 the head of each ,federal agency shall-- 7#a7 submit to the ,office of ,management and ,budget and to ,congress1 including a separate notice to each appropriate congressional committee1 a report that identifies each ,federal financial assistance program for infrastructure administered by the ,federal agency2 and 7#b7 publish in the ,federal ,register the report under paragraph 7#a74 7b7 ,requirements ,in the report under subsection 7a71 the head of each ,federal agency shall1 for each ,federal financial assistance program-- 7#a7 identify all domestic content procurement preferences applicable to the ,federal financial assistance2 7#b7 assess the applicability of the domestic content procurement preference requirements1 including-- 7,a7 section #cac of title #bc1 ,united ,states ,code2 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #bbije7;a7 of title #di1 ,united ,states ,code2 7,d7 section #ejaja of title #di1 ,united ,states ,code2 7,e7 section #fjc of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 7,f7 section #adeb7;a77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d772 7,g7 section #ejce of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad 7#cc ,u4,s4,c4 #ciad72 7,h7 any domestic content procurement preference included in an appropriations ,act2 and 7,i7 any other domestic content procurement preference in ,federal law 7including regulations72 7#c7 provide details on any applicable domestic content procurement preference requirement1 including the purpose1 scope1 applicability1 and any exceptions and waivers issued under the requirement2 and 7#d7 include a description of the type of infrastructure projects that receive funding under the program1 including information relating to-- 7,a7 the number of entities that are participating in the program2 7,b7 the amount of ,federal funds that are made available for the program for each fiscal year2 and 7,c7 any other information the head of the ,federal agency determines to be relevant4 7c7 ,list of deficient programs ,in the report under subsection 7a71 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-- 7#a7 does not apply in a manner consistent with section #gjiad2 or 7#b7 is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project4 #gjiad4 ,application of ,buy ,america preference 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the head of each ,federal agency shall ensure that none of the funds made available for a ,federal financial assistance program for infrastructure1 including each deficient program1 may be obligated for a project unless all of the iron1 steel1 manufactured products1 and construction materials used in the project are produced in the ,united ,states4 7b7 ,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-- 7#a7 applying the domestic content procurement preference would be inconsistent with the public interest2 7#b7 types of iron1 steel1 manufactured products1 or construction materials are not produced in the ,united ,states in sufficient and reasonably available quantities or of a satisfactory quality2 or 7#c7 the inclusion of iron1 steel1 manufactured products1 or construction materials produced in the ,united ,states will increase the cost of the overall project by more than #be percent4 7c7 ,written justification ,before issuing a waiver under subsection 7b71 the head of the ,federal agency shall-- 7#a7 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 waiver2 and 7#b7 provide a period of not less than #ae days for public comment on the proposed waiver4 7d7 ,review of waivers of general applicability 7#a7 ,in general ,an existing general applicability waiver or a general applicability waiver issued under subsection 7b7 shall be reviewed every #e years after the date on which the waiver is issued4 7#b7 ,review ,in conducting a review of a general applicability waiver1 the head of a ,federal agency shall-- 7,a7 publish in the ,federal ,register a notice that-- 7i7 describes the justification for a general applicability waiver2 and 7ii7 requests public comments for a period of not less than #cj days on the continued need for a general applicability waiver2 and 7,b7 publish in the ,federal ,register a determination on whether to continue or discontinue the general applicability waiver1 taking into account the comments received in response to the notice published under subparagraph 7,a74 7#c7 ,limitation on the review of existing waivers of general applicability ,for a period of #e years beginning on the date of enactment of this ,act1 paragraphs 7#a7 and 7#b7 shall not apply to any product-specific general applicability waiver that was issued more than #ahj days before the date of enactment of this ,act4 7e7 ,consistency with international agreements ,this section shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #gjiae4 ,,omb guidance and standards 7a7 ,guidance ,the ,director of the ,office of ,management and ,budget shall-- 7#a7 issue guidance to the head of each ,federal agency-- 7,a7 to assist in identifying deficient programs under section #gjiac7;c72 and 7,b7 to assist in applying new domestic content procurement preferences under section #gjiad2 and 7#b7 if necessary1 amend subtitle ,a of title #b1 ,code of ,federal ,regulations 7or successor regulations71 to ensure that domestic content procurement preference requirements required by this part or other ,federal law are imposed through the terms and conditions of awards of ,federal financial assistance4 7b7 ,standards for construction materials 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall issue standards that define the term all manufacturing processes in the case of construction materials4 7#b7 ,considerations ,in issuing standards under paragraph 7#a71 the ,director shall-- 7,a7 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 ,states2 and 7,b7 take into consideration and seek to maximize the direct and indirect jobs benefited or created in the production of the construction material4 #gjiaf4 ,technical assistance partnership and consultation supporting ,department of ,transportation ,buy ,america requirements 7a7 ,definitions ,in this section3 7#a7 ,buy ,america law ,the term ,buy ,america law means-- 7,a7 section #cac of title #bc1 ,united ,states ,code2 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #bbije7;a7 of title #di1 ,united ,states ,code2 7,d7 section #ejaja of title #di1 ,united ,states ,code2 and 7,e7 any other domestic content procurement preference for an infrastructure project under the jurisdiction of the ,secretary4 7#b7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,technical assistance partnership ,not later than #ij days after the date of the enactment of this ,act1 the ,secretary shall enter into a technical assistance partnership with the ,secretary of ,commerce1 acting through the ,director of the ,national ,institute of ,standards and ,technology-- 7#a7 to ensure the development of a domestic supply base to support intermodal transportation in the ,united ,states1 such as intercity high speed rail transportation1 public transportation systems1 highway construction or reconstruction1 airport improvement projects1 and other infrastructure projects under the jurisdiction of the ,secretary2 7#b7 to ensure compliance with ,buy ,america laws that apply to a project that receives assistance from the ,federal ,highway ,administration1 the ,federal ,transit ,administration1 the ,federal ,railroad ,administration1 the ,federal ,aviation ,administration1 or another office or modal administration of the ,secretary of ,transportation2 7#c7 to encourage technologies developed with the support of and resources from the ,secretary to be transitioned into commercial market and applications2 and 7#d7 to establish procedures for consultation under subsection 7c74 7c7 ,consultation ,before granting a written waiver under a ,buy ,america law1 the ,secretary shall consult with the ,director of the ,hollings ,manufacturing ,extension ,partnership regarding whether there is a domestic entity that could provide the iron1 steel1 manufactured product1 or construction material that is the subject of the proposed waiver4 7d7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,secretary shall submit to the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 the ,committee on ,environment and ,public ,works1 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-- 7#a7 a detailed description of the consultation procedures developed under subsection 7b77#d72 7#b7 a detailed description of each waiver requested under a ,buy ,america law in the preceding year that was subject to consultation under subsection 7c71 and the results of the consultation2 7#c7 a detailed description of each waiver granted under a ,buy ,america law in the preceding year1 including the type of waiver and the reasoning for granting the waiver2 and 7#d7 an update on challenges and gaps in the domestic supply base identified in carrying out subsection 7b77#a71 including a list of actions and policy changes the ,secretary recommends be taken to address those challenges and gaps4 #gjiag4 ,application 7a7 ,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 #gjiad does not already apply to iron1 steel1 manufactured products1 and construction materials4 7b7 ,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 #gjiad4 7c7 ,limitation with respect to aggregates ,in this part-- 7#a7 the term construction materials shall not include cement and cementitious materials1 aggregates such as stone1 sand1 or gravel1 or aggregate binding agents or additives2 and 7#b7 the standards developed under section #gjiae7;b77#a7 shall not include cement and cementitious materials1 aggregates such as stone1 sand1 or gravel1 or aggregate binding agents or additives as inputs of the construction material4 ,,ii ,make it in ,america #gjiba4 ,regulations relating to ,buy ,american ,act 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget 7,director71 acting through the ,administrator for ,federal ,procurement ,policy and1 in consultation with the ,federal ,acquisition ,regulatory ,council1 shall promulgate final regulations or other policy or management guidance1 as appropriate1 to standardize and simplify how ,federal agencies comply with1 report on1 and enforce the ,buy ,american ,act4 ,the regulations or other policy or management guidance shall include1 at a minimum1 the following3 7#a7 ,guidelines for ,federal agencies to determine1 for the purposes of applying sections #hcjb7;a7 and #hcjc7;b77#c7 of title #da1 ,united ,states ,code1 the circumstances under which the acquisition of articles1 materials1 or supplies mined1 produced1 or manufactured in the ,united ,states is inconsistent with the public interest4 7#b7 ,guidelines to ensure ,federal agencies base determinations of non-availability on appropriate considerations1 including anticipated project delays and lack of substitutable articles1 materials1 and supplies mined1 produced1 or manufactured in the ,united ,states1 when making determinations of non-availability under section #hcjb7;a77#a7 of title #da1 ,united ,states ,code4 7#c7 7,a7 ,uniform procedures for each ,federal agency to make publicly available1 in an easily identifiable location on the website of the agency1 and within the following time periods1 the following information3 7i7 ,a written description of the circumstances in which the head of the agency may waive the requirements of the ,buy ,american ,act4 7ii7 ,each waiver made by the head of the agency within #cj days after making such waiver1 including a justification with sufficient detail to explain the basis for the waiver4 7,b7 ,the procedures established under this paragraph shall ensure that the head of an agency1 in consultation with the head of the ,made in ,america ,office established under section #gjibc7;a71 may limit the publication of classified information1 trade secrets1 or other information that could damage the ,united ,states4 7#d7 ,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 ,act4 7#e7 ,an increase to the price preferences for domestic end products and domestic construction materials4 7#f7 ,amending the definitions of domestic end product and domestic construction material to ensure that iron and steel products are1 to the greatest extent possible1 made with domestic components4 7b7 ,guidelines relating to waivers 7#a7 ,inconsistency with public interest 7,a7 ,in general ,with respect to the guidelines developed under subsection 7a77#a71 the ,administrator shall seek to minimize waivers related to contract awards that-- 7i7 result in a decrease in employment in the ,united ,states1 including employment among entities that manufacture the articles1 materials1 or supplies2 or 7ii7 result in awarding a contract that would decrease domestic employment4 7,b7 ,covered employment ,for purposes of subparagraph 7,a71 employment refers to positions directly involved in the manufacture of articles1 materials1 or supplies1 and does not include positions related to management1 research and development1 or engineering and design4 7#b7 ,assessment on use of dumped or subsidized foreign products 7,a7 ,in general ,to the extent otherwise permitted by law1 before granting a waiver in the public interest to the guidelines developed under subsection 7a77#a7 with respect to a product sourced from a foreign country1 a ,federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel1 iron1 or manufactured goods or the use of injuriously subsidized steel1 iron1 or manufactured goods4 7,b7 ,consultation ,the ,federal agency conducting the assessment under subparagraph 7,a7 shall consult with the ,international ,trade ,administration in making the assessment if the agency considers such consultation to be helpful4 7,c7 ,use of findings ,the ,federal agency conducting the assessment under subparagraph 7,a7 shall integrate any findings from the assessment into its waiver determination4 7c7 ,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 #ge percent1 or1 in the event of no qualifying offers1 #fj percent4 7d7 ,definition of end product manufactured in the ,united ,states ,not later than #a year after the date of the enactment of this ,act1 the ,federal ,acquisition ,regulatory ,council shall amend part #be of the ,federal ,acquisition ,regulation to provide a definition for end product manufactured in the ,united ,states1 including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically4 #gjibb4 ,amendments relating to ,buy ,american ,act 7a7 ,special rules relating to ,american materials required for public use ,section #hcjb of title #da1 ,united ,states ,code1 is amended by adding at the end the following new subsection3 7c7 ,special rules ,the following rules apply in carrying out the provisions of subsection 7a73 7#a7 ,iron and steel manufactured in the ,united ,states ,for purposes of this section1 manufactured articles1 materials1 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 steel1 from the initial melting stage through the application of coatings1 occurs in the ,united ,states4 7#b7 ,limitation on exception for commercially available off-the-shelf items ,notwithstanding any law or regulation to the contrary1 including section #aijg of this title and the ,federal ,acquisition ,regulation1 the requirements of this section apply to all iron and steel articles1 materials1 and supplies4 4 7b7 ,production of iron and steel for purposes of contracts for public works ,section #hcjc of title #da1 ,united ,states ,code1 is amended-- 7#a7 by redesignating subsection 7c7 as subsection 7d72 and 7#b7 by inserting after subsection 7b7 the following new subsection3 7c7 ,special rules 7#a7 ,production of iron and steel ,for purposes of this section1 manufactured articles1 materials1 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 steel1 from the initial melting stage through the application of coatings1 occurs in the ,united ,states4 7#b7 ,limitation on exception for commercially available off-the-shelf items ,notwithstanding any law or regulation to the contrary1 including section #aijg of this title and the ,federal ,acquisition ,regulation1 the requirements of this section apply to all iron and steel articles1 materials1 and supplies used in contracts described in subsection 7a74 4 7c7 ,annual report ,subsection 7b7 of section #hcjb of title #da1 ,united ,states ,code1 is amended to read as follows3 7b7 ,reports 7#a7 ,in general ,not later than #ahj days after the end of the fiscal year during which the ,build ,america1 ,buy ,america ,act is enacted1 and annually thereafter for #d years1 the ,director of the ,office of ,management and ,budget1 in consultation with the ,administrator of ,general ,services1 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 articles1 materials1 or supplies acquired from entities that mine1 produce1 or manufacture the articles1 materials1 or supplies outside the ,united ,states4 7#b7 ,exception for intelligence community ,this subsection does not apply to acquisitions made by an agency1 or component of an agency1 that is an element of the intelligence community as specified in1 or designated under1 section #c of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #cjjc74 4 7d7 ,definition ,section #hcja of title #da1 ,united ,states ,code1 is amended by adding at the end the following new paragraph3 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term executive agency in section #acc of this title4 4 7e7 ,conforming amendments ,title #da1 ,united ,states ,code1 is amended-- 7#a7 in section #hcjb7;a7-- 7,a7 in paragraph 7#a7-- 7i7 by striking department or independent establishment and inserting ,federal agency2 and 7ii7 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 interest1 their cost to be unreasonable1 or that the articles1 materials1 or supplies of the class or kind to be used1 or the articles1 materials1 or supplies from which they are manufactured1 are not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality2 and 7,b7 in paragraph 7#b71 by amending subparagraph 7,b7 to read as follows3 7,b7 to any articles1 materials1 or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd of this title71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation2 and 2 and 7#b7 in section #hcjc-- 7,a7 in subsection 7b7-- 7i7 by striking department or independent establishment each place it appears and inserting ,federal agency2 7ii7 by amending subparagraph 7,b7 of paragraph 7#a7 to read as follows3 7,b7 to any articles1 materials1 or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation2 and 2 and 7iii7 in paragraph 7#c7-- 7,i7 in the heading1 by striking ,inconsistent with public interest and inserting ,waiver ,authority2 and 7,,ii7 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 interest1 their cost to be unreasonable1 or that the articles1 materials1 or supplies of the class or kind to be used1 or the articles1 materials1 or supplies from which they are manufactured1 are not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities and of a satisfactory quality2 and 7,b7 in subsection 7d71 as redesignated by subsection 7b77#a7 of this section1 by striking department1 bureau1 agency1 or independent establishment each place it appears and inserting ,federal agency4 7f7 ,exclusion from inflation adjustment of acquisition-,related dollar thresholds ,subparagraph 7,a7 of section #aijh7;b77#b7 of title #da1 ,united ,states ,code1 is amended by striking chapter #fg and inserting chapters #fg and #hc4 #gjibc4 ,made in ,america ,office 7a7 ,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 ,office4 ,the head of the office shall be appointed by the ,director of the ,office of ,management and ,budget 7in this section referred to as the ,made in ,america ,director74 7b7 ,duties ,the ,made in ,america ,director shall have the following duties3 7#a7 ,maximize and enforce compliance with domestic preference statutes4 7#b7 ,develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes4 7#c7 ,prepare the reports required under subsections 7c7 and 7e74 7#d7 ,ensure that ,federal contracting personnel1 financial assistance personnel1 and non-,federal recipients are regularly trained on obligations under the ,buy ,american ,act and other agency-specific domestic preference statutes4 7#e7 ,conduct the review of reciprocal defense agreements required under subsection 7d74 7#f7 ,ensure that ,federal agencies1 ,federal financial assistance recipients1 and the ,hollings ,manufacturing ,extension ,partnership partner with each other to promote compliance with domestic preference statutes4 7#g7 ,support executive branch efforts to develop and sustain a domestic supply base to meet ,federal procurement requirements4 7c7 ,office of ,management and ,budget report ,not later than #a year after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 working through the ,made in ,america ,director1 shall report to the relevant congressional committees on the extent to which1 in each of the three fiscal years prior to the date of enactment of this ,act1 articles1 materials1 or supplies acquired by the ,federal ,government were mined1 produced1 or manufactured outside the ,united ,states4 ,such report shall include for each ,federal agency the following3 7#a7 ,a summary of total procurement funds expended on articles1 materials1 and supplies mined1 produced1 or manufactured-- 7,a7 inside the ,united ,states2 7,b7 outside the ,united ,states2 and 7,c7 outside the ,united ,states-- 7i7 under each category of waiver under the ,buy ,american ,act2 7ii7 under each category of exception under such chapter2 and 7iii7 for each country that mined1 produced1 or manufactured such articles1 materials1 and supplies4 7#b7 ,for each fiscal year covered by the report-- 7,a7 the dollar value of any articles1 materials1 or supplies that were mined1 produced1 or manufactured outside the ,united ,states1 in the aggregate and by country2 7,b7 an itemized list of all waivers made under the ,buy ,american ,act with respect to articles1 materials1 or supplies1 where available1 and the country where such articles1 materials1 or supplies were mined1 produced1 or manufactured2 7,c7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states due to an exception 7that is not the micro-purchase threshold exception described under section #hcjb7;a77#b77;,c7 of title #da1 ,united ,states ,code71 the specific exception that was used to purchase such articles1 materials1 or supplies2 and 7,d7 if any articles1 materials1 or supplies were acquired from entities that mine1 produce1 or manufacture such articles1 materials1 or supplies outside the ,united ,states pursuant to a reciprocal defense procurement memorandum of understanding 7as described in section #hcjd of title #da1 ,united ,states ,code71 or a trade agreement or least developed country designation described in subpart #be4djj of the ,federal ,acquisition ,regulation1 a citation to such memorandum of understanding1 trade agreement1 or designation4 7#c7 ,a description of the methods used by each ,federal agency to calculate the percentage domestic content of articles1 materials1 and supplies mined1 produced1 or manufactured in the ,united ,states4 7d7 ,review of reciprocal defense agreements 7#a7 ,review of process ,not later than #ahj days after the date of the enactment of this ,act1 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 ,budget1 the ,secretary of ,defense1 and the ,secretary of ,state4 7#b7 ,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 ,budget1 the ,secretary of ,defense1 and the ,secretary of ,state4 7e7 ,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 #aa of ,executive ,order #adjje1 dated ,january #be1 #bjba 7relating to ensuring the future is made in all of ,america by all of ,america's workers7 not later than #ij days after the date of the enactment of this ,act or receipt of the reports required under section #aa of such ,executive ,order1 whichever is later4 7f7 ,domestic preference statute defined ,in this section1 the term domestic preference statute means any of the following3 7#a7 the ,buy ,american ,act2 7#b7 a ,buy ,america law 7as that term is defined in section #gjiaf7;a772 7#c7 the ,berry ,amendment2 7#d7 section #fjd of the ,american ,recovery and ,reinvestment ,act of #bjji 7#f ,u4,s4,c4 #dec;b7 7commonly referred to as the ,kissell amendment72 7#e7 section #becc;b of title #aj 7commonly referred to as the specialty metals clause72 7#f7 laws requiring domestic preference for maritime transport1 including the ,merchant ,marine ,act1 #aibj 7,public ,law #ff-bfa71 commonly known as the ,jones ,act2 and 7#g7 any other law1 regulation1 rule1 or executive order relating to ,federal financial assistance awards or ,federal procurement1 that requires1 or provides a preference for1 the purchase or acquisition of goods1 products1 or materials produced in the ,united ,states1 including iron1 steel1 construction material1 and manufactured goods offered in the ,united ,states4 #gjibd4 ,hollings ,manufacturing ,extension ,partnership activities 7a7 ,use of hollings manufacturing extension partnership to refer new businesses to contracting opportunities ,the head of each ,federal agency shall work with the ,director of the ,hollings ,manufacturing ,extension ,partnership1 as necessary1 to ensure businesses participating in this ,partnership are aware of their contracting opportunities4 7b7 ,automatic enrollment in ,,gsa ,advantage6 ,the ,administrator of the ,general ,services ,administration and the ,secretary of ,commerce1 acting through the ,under ,secretary of ,commerce for ,standards and ,technology1 shall jointly ensure that each business that participates in the ,hollings ,manufacturing ,extension ,partnership is automatically enrolled in ,general ,services ,administration ,advantage64 #gjibe4 ,united ,states obligations under international agreements ,this part1 and the amendments made by this part1 shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #gjibf4 ,definitions ,in this part3 7#a7 ,berry ,amendment ,the term ,berry ,amendment means section #becc;a of title #aj1 ,united ,states ,code4 7#b7 ,buy ,american ,act ,the term ,buy ,american ,act means chapter #hc of title #da1 ,united ,states ,code4 7#c7 ,federal agency ,the term ,federal agency has the meaning given the term executive agency in section #acc of title #da1 ,united ,states ,code4 7#d7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,commerce1 ,science1 and ,transportation1 the ,committee on ,environment and ,public ,works1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs1 and the ,committee on ,armed ,services of the ,senate2 and 7,b7 the ,committee on ,oversight and ,reform1 the ,committee on ,armed ,services1 and the ,committee on ,transportation and ,infrastructure of the ,house of ,representatives4 7#e7 ,waiver ,the term waiver1 with respect to the acquisition of an article1 material1 or supply for public use1 means the inapplicability of chapter #hc of title #da1 ,united ,states ,code1 to the acquisition by reason of any of the following determinations under section #hcjb7;a77#a7 or #hcjc7;b7 of such title3 7,a7 ,a determination by the head of the ,federal agency concerned that the acquisition is inconsistent with the public interest4 7,b7 ,a determination by the head of the ,federal agency concerned that the cost of the acquisition is unreasonable4 7,c7 ,a determination by the head of the ,federal agency concerned that the article1 material1 or supply is not mined1 produced1 or manufactured in the ,united ,states in sufficient and reasonably available commercial quantities of a satisfactory quality4 #gjibg4 ,prospective amendments to internal cross-references 7a7 ,specialty metals clause reference ,section #gjibc7;f77#e7 is amended by striking section #becc;b and inserting section #dhfc4 7b7 ,berry ,amendment reference ,section #gjibf7a7 is amended by striking section #becc;a and inserting section #dhfb4 7c7 ,effective date ,the amendments made by this section shall take effect on ,january #a1 #bjbb4 ,b ,buy,american4gov #gjica4 ,short title ,this subtitle may be cited as the ,buy,american4gov ,act of #bjba4 #gjicb4 ,definitions ,in this subtitle3 7#a7 ,buy ,american law ,the term ,buy ,american law means any law1 regulation1 ,executive order1 or rule relating to ,federal contracts1 grants1 or financial assistance that requires or provides a preference for the purchase or use of goods1 products1 or materials mined1 produced1 or manufactured in the ,united ,states1 including-- 7,a7 chapter #hc of title #da1 ,united ,states ,code 7commonly referred to as the ,buy ,american ,act72 7,b7 section #ecbc7;j7 of title #di1 ,united ,states ,code2 7,c7 section #cac of title #bc1 ,united ,states ,code2 7,d7 section #ejaja of title #di1 ,united ,states ,code2 7,e7 section #bddje of title #di1 ,united ,states ,code2 7,f7 section #fjh of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achh72 7,g7 section #adeb7;a77#d7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab7;a77#d772 7,h7 section #ejce of the ,water ,resources ,reform and ,development ,act of #bjad 7#cc ,u4,s4,c4 #ciad72 7,i7 section #becc;a of title #aj1 ,united ,states ,code 7commonly referred to as the ,berry ,amendment72 and 7,j7 section #becc;b of title #aj1 ,united ,states ,code4 7#b7 ,executive agency ,the term executive agency has the meaning given the term agency in paragraph 7#a7 of section #cejb of title #dd1 ,united ,states ,code1 except that it does not include an independent regulatory agency1 as that term is defined in paragraph 7#e7 of such section4 7#c7 ,buy ,american waiver ,the term ,buy ,american waiver refers to an exception to or waiver of any ,buy ,american law1 or the terms and conditions used by an agency in granting an exception to or waiver from ,buy ,american laws4 #gjicc4 ,sense of ,congress on buying ,american ,it is the sense of ,congress that-- 7#a7 every executive agency should maximize1 through terms and conditions of ,federal financial assistance awards and ,federal procurements1 the use of goods1 products1 and materials produced in the ,united ,states and contracts for outsourced government service contracts to be performed by ,united ,states nationals2 7#b7 every executive agency should scrupulously monitor1 enforce1 and comply with ,buy ,american laws1 to the extent they apply1 and minimize the use of waivers2 and 7#c7 every executive agency should use available data to routinely audit its compliance with ,buy ,american laws4 #gjicd4 ,assessment of impact of free trade agreements ,not later than #aej days after the date of the enactment of this ,act1 the ,secretary of ,commerce1 the ,united ,states ,trade ,representative1 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 agreements1 the ,world ,trade ,organization ,agreement on ,government ,procurement1 and ,federal permitting processes on the operation of ,buy ,american laws1 including their impacts on the implementation of domestic procurement preferences4 #gjice4 ,judicious use of waivers 7a7 ,in general ,to the extent permitted by law1 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 goods1 products1 and materials produced in the ,united ,states4 7b7 ,public interest waiver determinations ,to the extent permitted by law1 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 consideration4 #gjicf4 ,establishment of ,buy,american4gov website 7a7 ,in general ,not later than one year after the date of the enactment of this ,act1 the ,administrator of ,general ,services shall establish an ,internet website with the address ,buy,american4gov that will be publicly available and free to access4 ,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 requested1 are under consideration1 or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers4 ,the website shall also include the results of routine audits to determine data errors and ,buy ,american law violations after the award of a contract4 ,the website shall provide publicly available contact information for the relevant contracting agencies4 7b7 ,utilization of existing website ,the requirements of subsection 7a7 may be met by utilizing an existing website1 provided that the address of that website is ,buy,american4gov4 #gjicg4 ,waiver ,transparency and ,streamlining for contracts 7a7 ,collection of information ,the ,administrator of ,general ,services1 in consultation with the heads of relevant agencies1 shall develop a mechanism to collect information on requests to invoke a ,buy ,american waiver for a ,federal contract1 utilizing existing reporting requirements whenever possible1 for purposes of providing early notice of possible waivers via the website established under section #gjicf4 7b7 ,waiver transparency and streamlining 7#a7 ,requirement ,prior to granting a request to waive a ,buy ,american law1 the head of an executive agency shall submit a request to invoke a ,buy ,american waiver to the ,administrator of ,general ,services1 and the ,administrator of ,general ,services shall make the request available on or through the public website established under section #gjicf for public comment for not less than #ae days4 7#b7 ,exception ,the requirement under paragraph 7#a7 does not apply to a request for a ,buy ,american waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance4 7c7 ,information available to the executive agency concerning the request 7#a7 ,requirement ,no ,buy ,american waiver for purposes of awarding a contract may be granted if1 in contravention of subsection 7b7-- 7,a7 information about the waiver was not made available on the website under section #gjicf2 or 7,b7 no opportunity for public comment concerning the request was granted4 7#b7 ,scope ,information made available to the public concerning the request included on the website described in section #gjicf shall properly and adequately document and justify the statutory basis cited for the requested waiver4 ,such information shall include-- 7,a7 a detailed justification for the use of goods1 products1 or materials mined1 produced1 or manufactured outside the ,united ,states2 7,b7 for requests citing unreasonable cost as the statutory basis of the waiver1 a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services1 pursuant to the requirements of the applicable ,buy ,american law1 except that publicly available cost comparison data may be provided in lieu of proprietary pricing information2 7,c7 for requests citing the public interest as the statutory basis for the waiver1 a detailed written statement1 which shall include all appropriate factors1 such as potential obligations under international agreements1 justifying why the requested waiver is in the public interest2 and 7,d7 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 proposals1 contracts1 and nonproprietary communications with the prime contractor4 7d7 ,nonavailability waivers 7#a7 ,in general ,except as provided under paragraph 7#b71 for a request citing nonavailability as the statutory basis for a ,buy ,american waiver1 an executive agency shall provide an explanation of the procurement official's efforts to procure a product from a domestic source and the reasons why a domestic product was not available from a domestic source4 ,those explanations shall be made available on ,buy,american4gov prior to the issuance of the waiver1 and the agency shall consider public comments regarding the availability of the product before making a final determination4 7#b7 ,exception ,an explanation under paragraph 7#a7 is not required for a product the nonavailability of which is established by law or regulation4 #gjich4 ,comptroller ,general report ,not later than two years after the date of the enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report describing the implementation of this subtitle1 including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to ,buy ,american laws4 #gjici4 ,rules of construction 7a7 ,disclosure requirements ,nothing in this subtitle shall be construed as preempting1 superseding1 or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation4 7b7 ,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 7a7 to a successor information system4 ,any such information system shall include a reference to ,buy,american4gov4 #gjidj4 ,consistency with international agreements ,this subtitle shall be applied in a manner consistent with ,united ,states obligations under international agreements4 #gjida4 ,prospective amendments to internal cross-references 7a7 ,in general ,section #gjicb7a7 is amended-- 7#a7 in subparagraph 7,i71 by striking section #becc;a and inserting section #dhfb2 and 7#b7 in subparagraph 7,j71 by striking section #becc;b and inserting section #dhfc4 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on ,january #a1 #bjbb4 ,c ,make ,,ppe in ,america #gjiea4 ,short title ,this subtitle may be cited as the ,make ,,ppe in ,america ,act4 #gjieb4 ,findings ,congress makes the following findings3 7#a7 ,the ,,covid-#ai pandemic has exposed the vulnerability of the ,united ,states supply chains for1 and lack of domestic production of1 personal protective equipment 7,,ppe74 7#b7 ,the ,united ,states requires a robust1 secure1 and wholly domestic ,,ppe supply chain to safeguard public health and national security4 7#c7 ,issuing a strategy that provides the government's anticipated needs over the next three years will enable suppliers to assess what changes1 if any1 are needed in their manufacturing capacity to meet expected demands4 7#d7 ,in order to foster a domestic ,,ppe supply chain1 ,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 ,states4 7#e7 ,in order to effectively incentivize investment in the ,united ,states and the re-shoring of manufacturing1 long-term contracts must be no shorter than three years in duration4 7#f7 ,to accomplish this aim1 the ,united ,states should seek to ensure compliance with its international obligations1 such as its commitments under the ,world ,trade ,organization's ,agreement on ,government ,procurement and its free trade agreements1 including by invoking any relevant exceptions to those agreements1 especially those related to national security and public health4 7#g7 ,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 crisis1 including the ,,covid-#ai pandemic4 #gjiec4 ,requirement of long-term contracts for domestically manufactured personal protective equipment 7a7 ,definitions ,in this section3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,committee on ,health1 ,education1 ,labor1 and ,pensions1 the ,committee on ,finance1 and the ,committee on ,veterans' ,affairs of the ,senate2 and 7,b7 the ,committee on ,homeland ,security1 the ,committee on ,oversight and ,reform1 the ,committee on ,energy and ,commerce1 the ,committee on ,ways and ,means1 and the ,committee on ,veterans' ,affairs of the ,house of ,representatives4 7#b7 ,covered ,secretary ,the term covered ,secretary means the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,veterans ,affairs4 7#c7 ,personal protective equipment ,the term personal protective equipment means surgical masks1 respirator masks and powered air purifying respirators and required filters1 face shields and protective eyewear1 gloves1 disposable and reusable surgical and isolation gowns1 head and foot coverings1 and other gear or clothing used to protect an individual from the transmission of disease4 7#d7 ,united ,states ,the term ,united ,states means the #ej ,states1 the ,district of ,columbia1 and the possessions of the ,united ,states4 7b7 ,contract requirements for domestic production ,beginning #ij days after the date of the enactment of this ,act1 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 response1 any contract for the procurement of personal protective equipment entered into by a covered ,secretary1 or a covered ,secretary's designee1 shall-- 7#a7 be issued for a duration of at least #b years1 plus all option periods necessary1 to incentivize investment in the production of personal protective equipment and the materials and components thereof in the ,united ,states2 and 7#b7 be for personal protective equipment1 including the materials and components thereof1 that is grown1 reprocessed1 reused1 or produced in the ,united ,states4 7c7 ,alternatives to domestic production ,the requirement under subsection 7b7 shall not apply to an item of personal protective equipment1 or component or material thereof if1 after maximizing to the extent feasible sources consistent with subsection 7b71 the covered ,secretary-- 7#a7 maximizes sources for personal protective equipment that is assembled outside the ,united ,states containing only materials and components that are grown1 reprocessed1 reused1 or produced in the ,united ,states2 and 7#b7 certifies every #abj days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency4 7d7 ,availability exception 7#a7 ,in general ,subsections 7b7 and 7c7 shall not apply to an item of personal protective equipment1 or component or material thereof-- 7,a7 that is1 or that includes1 a material listed in section #be4ajd of the ,federal ,acquisition ,regulation as one for which a non-availability determination has been made2 or 7,b7 as to which the covered ,secretary determines that a sufficient quantity of a satisfactory quality that is grown1 reprocessed1 reused1 or produced in the ,united ,states cannot be procured as1 and when1 needed at ,united ,states market prices4 7#b7 ,certification requirement ,the covered ,secretary shall certify every #abj days that the exception under paragraph 7#a7 is necessary to meet the immediate needs of a public health emergency4 7e7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,director of the ,office of ,management and ,budget1 in consultation with the covered ,secretaries1 shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment4 7#b7 ,elements ,the report required under paragraph 7#a7 shall include the following elements3 7,a7 ,the ,united ,states long-term domestic procurement strategy for ,,ppe produced in the ,united ,states1 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 emergency4 7,b7 ,an estimate of long-term demand quantities for all ,,ppe items procured by the ,united ,states4 7,c7 ,recommendations for congressional action required to implement the ,united ,states ,government's procurement strategy4 7,d7 ,a determination whether all notifications1 amendments1 and other necessary actions have been completed to bring the ,united ,states existing international obligations into conformity with the statutory requirements of this subtitle4 7f7 ,authorization of transfer of equipment 7#a7 ,in general ,a covered ,secretary may transfer to the ,strategic ,national ,stockpile established under section #cai;,f-#b of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7 any excess personal protective equipment acquired under a contract executed pursuant to subsection 7b74 7#b7 ,transfer of equipment during a public health emergency 7,a7 ,amendment ,title ,v of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #caa et seq47 is amended by adding at the end the following3 #ebi4 ,transfer of equipment during a public health emergency 7a7 ,authorization of transfer of equipment ,during a public health emergency declared by the ,secretary of ,health and ,human ,services under section #cai7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d7a771 the ,secretary1 at the request of the ,secretary of ,health and ,human ,services1 may transfer to the ,department of ,health and ,human ,services1 on a reimbursable basis1 excess personal protective equipment or medically necessary equipment in the possession of the ,department4 7b7 ,determination by ,secretaries 7#a7 ,in general ,in carrying out this section-- 7,a7 before requesting a transfer under subsection 7a71 the ,secretary of ,health and ,human ,services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available2 and 7,b7 before initiating a transfer under subsection 7a71 the ,secretary1 in consultation with the heads of each component within the ,department1 shall-- 7i7 determine whether the personal protective equipment or medically necessary equipment requested to be transferred under subsection 7a7 is excess equipment2 and 7ii7 certify that the transfer of the personal protective equipment or medically necessary equipment will not adversely impact the health or safety of officers1 employees1 or contractors of the ,department4 7#b7 ,notification ,the ,secretary of ,health and ,human ,services and the ,secretary shall each submit to ,congress a notification explaining the determination made under subparagraphs 7,a7 and 7,b71 respectively1 of paragraph 7#a74 7#c7 ,required inventory 7,a7 ,in general ,the ,secretary shall-- 7i7 acting through the ,chief ,medical ,officer of the ,department1 maintain an inventory of all personal protective equipment and medically necessary equipment in the possession of the ,department2 and 7ii7 make the inventory required under clause 7i7 available1 on a continual basis1 to-- 7,i7 the ,secretary of ,health and ,human ,services2 and 7,,ii7 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 ,representatives4 7,b7 ,form ,each inventory required to be made available under subparagraph 7,a7 shall be submitted in unclassified form1 but may include a classified annex4 4 7,b7 ,table of contents amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #ebh the following3 ,sec4 #ebi4 ,transfer of equipment during a public health emergency4 4 7#c7 ,strategic national stockpile ,section #cai;,f-#b7;a7 of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bdg;d-#f;b7a77 is amended by adding at the end the following3 7#f7 ,transfers of items ,the ,secretary1 in coordination with the ,secretary of ,homeland ,security1 may sell drugs1 vaccines and other biological products1 medical devices1 or other supplies maintained in the stockpile under paragraph 7#a7 to a ,federal agency or private1 nonprofit1 ,state1 local1 tribal1 or territorial entity for immediate use and distribution1 provided that any such items being sold are-- 7,a7 within #a year of their expiration date2 or 7,b7 determined by the ,secretary to no longer be needed in the stockpile due to advances in medical or technical capabilities4 4 7g7 ,compliance with international agreements ,the ,president or the ,president's designee shall take all necessary steps1 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 party1 to ensure that the international obligations of the ,united ,states are consistent with the provisions of this subtitle4 ,x ,asset concessions #gajja4 ,asset concessions 7a7 ,establishment of program 7#a7 ,in general ,chapter #f of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #faa4 ,asset concessions and innovative finance assistance 7a7 ,definitions ,in this section3 7#a7 ,approved infrastructure asset ,the term approved infrastructure asset means-- 7,a7 a project 7as defined in section #fja7;a772 and 7,b7 a group of projects 7as defined in section #fja7;a77 considered together in a single asset concession or long-term lease to a concessionaire by #a or more eligible entities4 7#b7 ,asset concession ,the term asset concession means a contract between an eligible entity and a concessionaire-- 7,a7 under which-- 7i7 the eligible entity agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset owned1 controlled1 or maintained by the eligible entity2 7ii7 as consideration for the agreement or lease described in clause 7i71 the concessionaire agrees-- 7,i7 to provide to the eligible entity #a or more asset concession payments2 and 7,,ii7 to maintain or exceed the condition1 performance1 and service level of the approved infrastructure asset1 as compared to that condition1 performance1 and service level on the date of execution of the agreement or lease2 and 7iii7 the eligible entity and the concessionaire agree that the costs for a fiscal year of the agreement or lease1 and any project carried out under the agreement or lease1 shall not be shifted to any taxpayer the annual household income of whom is less than #djj1jjj per year1 including through taxes1 user fees1 tolls1 or any other measure1 for use of an approved infrastructure asset2 and 7,b7 the terms of which do not include any noncompete or exclusivity restriction 7or any other1 similar restriction7 on the approval of another project4 7#c7 ,asset concession payment ,the term asset concession payment means a payment that-- 7,a7 is made by a concessionaire to an eligible entity for fair market value that is determined as part of the asset concession2 and 7,b7 may be-- 7i7 a payment made at the financial close of an asset concession2 or 7ii7 a series of payments scheduled to be made for-- 7,i7 a fixed period2 or 7,,ii7 the term of an asset concession4 7#d7 ,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 entity4 7#e7 ,eligible entity 7,a7 ,in general ,the term eligible entity means an entity described in subparagraph 7,b7 that-- 7i7 owns1 controls1 or maintains an approved infrastructure asset2 and 7ii7 has the legal authority to enter into a contract to transfer ownership1 maintenance1 operations1 revenues1 or other benefits and responsibilities for an approved infrastructure asset4 7,b7 ,entities described ,an entity referred to in subparagraph 7,a7 is any of the following3 7i7 ,a ,state4 7ii7 ,a ,tribal government4 7iii7 ,a unit of local government4 7iv7 ,an agency or instrumentality of a ,state1 ,tribal government1 or unit of local government4 7v7 ,a special purpose district or public authority4 7b7 ,establishment ,the ,secretary shall establish a program to facilitate access to expert services for1 and to provide grants to1 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 planning1 development1 financing1 construction1 maintenance1 and operation1 including by assisting eligible entities in entering into asset concessions4 7c7 ,applications ,to be eligible to receive a grant under this section1 an eligible entity shall submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7d7 ,eligible activities 7#a7 ,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 develop1 review1 or enter into an asset concession1 including for-- 7,a7 identifying appropriate assets or projects for asset concessions2 7,b7 soliciting and negotiating asset concessions1 including hiring staff in public agencies2 7,c7 conducting a value-for-money analysis1 or a comparable analysis1 to evaluate the comparative benefits of asset concessions and public debt or other procurement methods2 7,d7 evaluating options for the structure and use of asset concession payments2 7,e7 evaluating and publicly presenting the risks and benefits of all contract provisions for the purpose of transparency and accountability2 7,f7 identifying best practices to protect the public interest and priorities2 7,g7 identifying best practices for managing transportation demand and mobility along a corridor1 including through provisions of the asset concession1 to facilitate transportation demand management strategies along the corridor that is subject to the asset concession2 and 7,h7 integrating and coordinating pricing1 data1 and fare collection with other regional operators that exist or may be developed4 7#b7 ,expert services ,an eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset1 including in the development of alternative approaches to project delivery or procurement1 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 assistance1 which services may include-- 7,a7 project planning1 feasibility studies1 revenue forecasting1 economic assessments and cost-benefit analyses1 public benefit studies1 value-for-money analyses1 business case development1 lifecycle cost analyses1 risk assessment1 financing and funding options analyses1 procurement alternatives analyses1 statutory and regulatory framework analyses and other pre-procurement and pre-construction activities2 7,b7 financial and legal planning 7including the identification of statutory authorization1 funding1 and financing options72 7,c7 early assessment of permitting1 environmental review1 and regulatory processes and costs2 and 7,d7 assistance with entering into an asset concession4 7e7 ,distribution 7#a7 ,maximum amount 7,a7 ,technical assistance grants ,the maximum amount of a technical assistance grant under subsection 7d77#a7 shall be #b1jjj1jjj4 7,b7 ,expert services ,the maximum amount of the value of expert services retained by an eligible entity under subsection 7d77#b7 shall be #b1jjj1jjj4 7#b7 ,cost sharing 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,federal share of the cost of an activity carried out under this section may be up to #ajj percent4 7,b7 ,certain projects ,if the amount of the grant provided to an eligible entity under this section is more than #a1jjj1jjj1 the ,federal share of the cost of an activity carried out using grant amounts in excess of #a1jjj1jjj shall be #ej percent4 7#c7 ,statewide maximum ,the aggregate amount made available under this section to eligible entities within a ,state shall not exceed1 on a cumulative basis for all eligible entities within the ,state during any #c-year period1 #d1jjj1jjj4 7f7 ,requirements 7#a7 ,in general ,the ,secretary shall ensure that1 as a condition of receiving a grant under this section1 for any asset concession for which the grant provides direct assistance-- 7,a7 the asset concession shall not prohibit1 discourage1 or make it more difficult for an eligible entity to construct new infrastructure1 to provide or expand transportation services1 or to manage associated infrastructure in publicly beneficial ways1 along a transportation corridor or in the proximity of a transportation facility that was a part of the asset concession2 7,b7 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 #cj days before entering into the asset concession1 to enable public review1 including a certification of public interest based on the results of an assessment under subparagraph 7,d72 7,c7 the asset concession shall not result in displacement1 job loss1 or wage reduction for the existing workforce of the eligible entity or other public entities2 7,d7 the eligible entity or the concessionaire shall carry out a value-for-money analysis1 or similar assessment1 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 interest2 7,e7 the full amount of any asset concession payment received by the eligible entity under the asset concession1 less any amount paid for transaction costs relating to the asset concession1 shall be used to pay infrastructure costs of the eligible entity2 and 7,f7 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 #djj1jjj per year1 including through taxes1 user fees1 tolls1 or any other measure1 for use of an approved infrastructure asset4 7#b7 ,audit ,not later than #c years after the date on which an eligible entity enters into an asset concession as a result of a grant under this section-- 7,a7 the eligible entity shall hire an independent auditor to evaluate the performance of the concessionaire based on the requirements described in paragraph 7#a72 and 7,b7 the independent auditor shall submit to the eligible entity1 and make publicly available1 a report describing the results of the audit under subparagraph 7,a74 7#c7 ,treatment ,unless otherwise provided under paragraph 7#a71 the ,secretary shall not1 as a condition of receiving a grant under this section1 prohibit or otherwise prevent an eligible entity from entering into1 or receiving any asset concession payment under1 an asset concession for an approved infrastructure asset owned1 controlled1 or maintained by the eligible entity4 7#d7 ,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 concessionaire1 the eligible entity1 or an approved infrastructure asset4 7g7 ,funding 7#a7 ,in general ,on ,october #a1 #bjba1 and on each ,october #a thereafter through ,october #a1 #bjbe1 out of any funds in the ,treasury not otherwise appropriated1 the ,secretary of the ,treasury shall transfer to the ,secretary to carry out this section #bj1jjj1jjj1 to remain available until expended4 7#b7 ,receipt and acceptance ,the ,secretary shall be entitled to receive1 shall accept1 and shall use to carry out this section the funds transferred under paragraph 7#a71 without further appropriation4 4 7#b7 ,clerical amendment ,the analysis for chapter #f of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 #faa4 ,asset concessions and innovative finance assistance4 4 7b7 ,asset recycling report ,not later than ,august #a1 #bjbd1 the ,secretary shall submit to ,congress a report that includes-- 7#a7 an analysis of any impediments in applicable laws1 regulations1 and practices to increased use of public-private partnerships and private investment in transportation improvements2 and 7#b7 proposals for approaches that address those impediments while continuing to protect the public interest and any public investment in transportation improvements4 ,,xi ,clean school buses and ferries #gaaja4 ,clean school bus program ,section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7 is amended to read as follows3 #gda4 ,clean school bus program 7a7 ,definitions ,in this section3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,alternative fuel ,the term alternative fuel means liquefied natural gas1 compressed natural gas1 hydrogen1 propane1 or biofuels4 7#c7 ,clean school bus ,the term clean school bus means a school bus that-- 7,a7 the ,administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel2 or 7,b7 is a zero-emission school bus4 7#d7 ,eligible contractor ,the term eligible contractor means a contractor that is a for-profit1 not-for-profit1 or nonprofit entity that has the capacity-- 7,a7 to sell clean school buses1 zero-emission school buses1 charging or fueling infrastructure1 or other equipment needed to charge1 fuel1 or maintain clean school buses or zero-emission school buses1 to individuals or entities that own a school bus or a fleet of school buses2 or 7,b7 to arrange financing for such a sale4 7#e7 ,eligible recipient 7,a7 ,in general ,subject to subparagraph 7,b71 the term eligible recipient means-- 7i7 #a or more local or ,state governmental entities responsible for-- 7,i7 providing school bus service to #a or more public school systems2 or 7,,ii7 the purchase of school buses2 7ii7 an eligible contractor2 7iii7 a nonprofit school transportation association2 or 7iv7 an ,indian ,tribe 7as defined in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd771 ,tribal organization 7as defined in that section71 or tribally controlled school 7as defined in section #ebab of the ,tribally ,controlled ,schools ,act of #aihh 7#be ,u4,s4,c4 #beaa77 that is responsible for-- 7,i7 providing school bus service to #a or more ,bureau-funded schools 7as defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba772 or 7,,ii7 the purchase of school buses4 7,b7 ,special requirements ,in the case of eligible recipients identified under clauses 7ii7 and 7iii7 of subparagraph 7,a71 the ,administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section4 7#f7 ,high-need local educational agency ,the term high-need local educational agency means a local educational agency 7as defined in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja77 that is among the local educational agencies in the applicable ,state with high percentages of children counted under section #aabd7;c7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #fccc7;c771 on the basis of the most recent satisfactory data available1 as determined by the ,secretary of ,education 7or1 for a local educational agency for which no such data is available1 such other data as the ,secretary of ,education determines to be satisfactory74 7#g7 ,school bus ,the term school bus has the meaning given the term schoolbus in section #cjabe7;a7 of title #di1 ,united ,states ,code4 7#h7 ,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 produces1 under any possible operational mode or condition1 zero exhaust emission of-- 7,a7 any air pollutant that is listed pursuant to section #ajh7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gdjh7;a77 7or any precursor to such an air pollutant72 and 7,b7 any greenhouse gas4 7b7 ,program for replacement of existing school buses with clean school buses and zero-emission school buses 7#a7 ,establishment ,the ,administrator shall establish a program-- 7,a7 to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses2 7,b7 to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses2 7,c7 to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses2 and 7,d7 to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses4 7#b7 ,allocation of funds ,of the amounts made available for awards under paragraph 7#a7 in a fiscal year1 the ,administrator shall award-- 7,a7 #ej percent to replace existing school buses with zero-emission school buses2 and 7,b7 #ej percent to replace existing school buses with clean school buses and zero-emission school buses4 7#c7 ,considerations ,in making awards under paragraph 7#b77;,b71 the ,administrator shall take into account the following criteria and shall not give preference to any individual criterion3 7,a7 ,lowest overall cost of bus replacement4 7,b7 ,local conditions1 including the length of bus routes and weather conditions4 7,c7 ,technologies that most reduce emissions4 7,d7 ,whether funds will bring new technologies to scale or promote cost parity between old technology and new technology4 7#d7 ,priority of applications ,in making awards under paragraph 7#a71 the ,administrator may prioritize applicants that-- 7,a7 propose to replace school buses that serve-- 7i7 a high-need local educational agency2 7ii7 a ,bureau-funded school 7as defined in section #aada of the ,education ,amendments of #aigh 7#be ,u4,s4,c4 #bjba772 or 7iii7 a local educational agency that receives a basic support payment under section #gjjc7;b77#a7 of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ggjc7;b77#a77 for children who reside on ,indian land2 7,b7 serve rural or low-income areas2 or 7,c7 propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award1 such as through-- 7i7 public-private partnerships2 7ii7 grants from other entities2 or 7iii7 issuance of school bonds4 7#e7 ,use of school bus fleet ,all clean school buses and zero-emission school buses acquired with funds provided under this section shall-- 7,a7 be operated as part of the school bus fleet for which the award was made for not less than #e years2 7,b7 be maintained1 operated1 and charged or fueled according to manufacturer recommendations or ,state requirements2 and 7,c7 not be manufactured or retrofitted with1 or otherwise have installed1 a power unit or other technology that creates air pollution within the school bus1 such as an unvented diesel passenger heater4 7#f7 ,awards 7,a7 ,in general ,in making awards under paragraph 7#a71 the ,administrator may make awards for up to #ajj percent of the costs for replacement of existing school buses with clean school buses1 zero-emission school buses1 and charging or fueling infrastructure4 7,b7 ,structuring awards ,in making an award under paragraph 7#a77;,a71 the ,administrator shall decide whether to award a grant or rebate1 or a combination thereof1 based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses1 as applicable4 7#g7 ,deployment and distribution 7,a7 ,in general ,the ,administrator shall-- 7i7 to the maximum extent practicable1 achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section2 and 7ii7 ensure a broad geographic distribution of awards4 7,b7 ,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 #aj percent of the amounts made available to carry out this section during a fiscal year4 7#h7 ,annual report ,not later than ,january #ca of each year1 the ,administrator shall submit to ,congress a report that evaluates the implementation of this section and describes-- 7,a7 the total number of applications received2 7,b7 the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates2 7,c7 the criteria used to select the recipients2 and 7,d7 any other information the ,administrator considers appropriate4 7c7 ,education and outreach 7#a7 ,in general ,not later than #abj days after the date of enactment of the ,infrastructure ,investment and ,jobs ,act1 the ,administrator shall develop an education and outreach program to promote and explain the award program under this section4 7#b7 ,coordination with stakeholders ,the education and outreach program under paragraph 7#a7 shall be designed and conducted in conjunction with interested stakeholders4 7#c7 ,components ,the education and outreach program under paragraph 7#a7 shall-- 7,a7 inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards2 7,b7 describe the available technologies and the benefits of using the technologies2 7,c7 explain the benefits and costs incurred by participating in the award program2 7,d7 make available information regarding best practices1 lessons learned1 and technical and other information regarding-- 7i7 clean school bus and zero-emission school bus acquisition and deployment2 7ii7 the build-out of associated infrastructure and advance planning with the local electricity supplier2 7iii7 workforce development1 training1 and ,registered ,apprenticeships that meet the requirements under parts #bi and #cj of title #bi1 ,code of ,federal ,regulations 7as in effect on ,december #a1 #bjai72 and 7iv7 any other information that is necessary1 as determined by the ,administrator2 and 7,e7 include1 as appropriate1 information from the annual report required under subsection 7b77#g74 7d7 ,administrative costs ,the ,administrator may use1 for the administrative costs of carrying out this section1 not more than #c percent of the amounts made available to carry out this section for any fiscal year4 7e7 ,regulations ,the ,administrator shall have the authority to issue such regulations or other guidance1 forms1 instructions1 and publications as may be necessary or appropriate to carry out the programs1 projects1 or activities authorized under this section1 including to ensure that such programs1 projects1 or activities are completed in a timely and effective manner1 result in emissions reductions1 and maximize public health benefits4 7f7 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this section1 to remain available until expended1 #a1jjj1jjj1jjj for each of fiscal years #bjbb through #bjbf1 of which-- 7#a7 #ejj1jjj1jjj shall be made available for the adoption of clean school buses and zero-emission school buses2 and 7#b7 #ejj1jjj1jjj shall be made available for the adoption of zero-emission school buses4 4 #gaajb4 ,electric or low-emitting ferry pilot program 7a7 ,definitions ,in this section3 7#a7 ,alternative fuel ,the term alternative fuel means-- 7,a7 methanol1 denatured ethanol1 and other alcohols2 7,b7 a mixture containing at least #he percent of methanol1 denatured ethanol1 and other alcohols by volume with gasoline or other fuels2 7,c7 natural gas2 7,d7 liquefied petroleum gas2 7,e7 hydrogen2 7,f7 fuels 7except alcohol7 derived from biological materials2 7,g7 electricity 7including electricity from solar energy72 and 7,h7 any other fuel the ,secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits4 7#b7 ,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 operation4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,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 ferries4 7c7 ,requirement ,in carrying out the pilot program under this section1 the ,secretary shall ensure that-- 7#a7 not less than #a grant under this section shall be for a ferry service that serves the ,state with the largest number of ,marine ,highway ,system miles2 and 7#b7 not less than #a grant under this section shall be for a bi-,state ferry service-- 7,a7 with an aging fleet2 and 7,b7 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 ferries4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to the ,secretary to carry out this section #ej1jjj1jjj for each of fiscal years #bjbb through #bjbf4 #gaajc4 ,ferry service for rural communities 7a7 ,definitions ,in this section3 7#a7 ,basic essential ferry service ,the term basic essential ferry service means scheduled ferry transportation service4 7#b7 ,eligible service ,the term eligible service means a ferry service that-- 7,a7 operated a regular schedule at any time during the #e-year period ending on ,march #a1 #bjbj2 and 7,b7 served not less than #b rural areas located more than #ej sailing miles apart4 7#c7 ,rural area ,the term rural area has the meaning given the term in section #ecjb of title #di1 ,united ,states ,code4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,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 service4 7c7 ,program criteria ,the ,secretary shall establish requirements and criteria for participation in the program under this section1 including requirements for the provision of funds to ,states4 7d7 ,waivers ,the ,secretary shall establish criteria for the waiver of any requirement under this section4 7e7 ,treatment 7#a7 ,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 #ec of title #di1 ,united ,states ,code4 7#b7 ,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 #eccf or #eccg of title #di1 ,united ,states ,code1 in the same fiscal year4 7f7 ,funding ,there is authorized to be appropriated to the ,secretary to carry out this section #bjj1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7g7 ,operating costs 7#a7 ,section #adg of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7k7 ,additional uses ,notwithstanding any other provision of law1 in addition to other uses of funds under this section1 an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity4 4 7#b7 ,section #bah7;c7 of title #bc1 ,united ,states ,code 7as amended by section #aaaaf of division ,a71 is amended by inserting operation1 repair1 after purchase14 #gaajd4 ,expanding the funding authority for renovating1 constructing1 and expanding certain facilities ,section #eji of the ,indian ,health ,care ,improvement ,act 7#be ,u4,s4,c4 #afei7 is amended-- 7#a7 by striking minor before renovations2 and 7#b7 by striking 1 to assist and all that follows through standards4 ,h ,revenue provisions ,i ,highway trust fund #hjaja4 ,extension of ,highway ,trust ,fund expenditure authority 7a7 ,highway ,trust ,fund ,section #iejc of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,october #a1 #bjba in subsections 7b77#f77;,b71 7c77#a71 and 7e77#c7 and inserting ,october #a1 #bjbf1 and 7#b7 by striking ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act in subsections 7c77#a7 and 7e77#c7 and inserting ,infrastructure ,investment and ,jobs ,act4 7b7 ,sport ,fish ,restoration and ,boating ,trust ,fund ,section #iejd of such ,code is amended-- 7#a7 by striking ,continuing ,appropriations ,act1 #bjba and ,other ,extensions ,act each place it appears in subsection 7b77#b7 and inserting ,infrastructure ,investment and ,jobs ,act1 and 7#b7 by striking ,october #a1 #bjba in subsection 7d77#b7 and inserting ,october #a1 #bjbf4 7c7 ,leaking ,underground ,storage ,tank ,trust ,fund ,section #iejh7;e77#b7 of such ,code is amended by striking ,october #a1 #bjba and inserting ,october #a1 #bjbf4 #hjajb4 ,extension of highway-related taxes 7a7 ,in general 7#a7 ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking ,september #cj1 #bjbb and inserting ,september #cj1 #bjbh3 7,a7 ,section #djda7;a77#a77;,c77iii77,i74 7,b7 ,section #djda7m77#a77;,b74 7,c7 ,section #djha7;d77#a74 7#b7 ,each of the following provisions of such ,code is amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbh3 7,a7 ,section #djda7m77#a77;,a74 7,b7 ,section #djea7;c74 7,c7 ,section #djga7;d74 7,d7 ,section #djha7;d77#c74 7b7 ,extension of tax1 etc41 on use of certain heavy vehicles ,each of the following provisions of the ,internal ,revenue ,code of #aihf is amended by striking #bjbc each place it appears and inserting #bjbi3 7#a7 ,section #ddha7;f74 7#b7 ,subsections 7c77#d7 and 7d7 of section #ddhb4 7c7 ,floor stocks refunds ,section #fdab7;a77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,october #a1 #bjbb each place it appears and inserting ,october #a1 #bjbh2 7#b7 by striking ,march #ca1 #bjbc each place it appears and inserting ,march #ca1 #bjbi2 and 7#c7 by striking ,january #a1 #bjbc and inserting ,january #a1 #bjbi4 7d7 ,extension of certain exemptions 7#a7 ,section #dbba7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbh4 7#b7 ,section #ddhc7;i7 of such ,code is amended by striking ,october #a1 #bjbc and inserting ,october #a1 #bjbi4 7e7 ,extension of transfers of certain taxes 7#a7 ,in general ,section #iejc of the ,internal ,revenue ,code of #aihf is amended-- 7,a7 in subsection 7b7-- 7i7 by striking ,october #a1 #bjbb each place it appears in paragraphs 7#a7 and 7#b7 and inserting ,october #a1 #bjbh2 7ii7 by striking ,october #a1 #bjbb in the heading of paragraph 7#b7 and inserting ,october #a1 #bjbh2 7iii7 by striking ,september #cj1 #bjbb in paragraph 7#b7 and inserting ,september #cj1 #bjbh2 and 7iv7 by striking ,july #a1 #bjbc in paragraph 7#b7 and inserting ,july #a1 #bjbi2 and 7,b7 in subsection 7c77#b71 by striking ,july #a1 #bjbc and inserting ,july #a1 #bjbi4 7#b7 ,motorboat and small-engine fuel tax transfers 7,a7 ,in general ,paragraphs 7#c77;,a77i7 and 7#d77;,a7 of section #iejc7;c7 of such ,code are each amended by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbh4 7,b7 ,conforming amendments to land and water conservation fund ,section #bjjcaj of title #ed1 ,united ,states ,code1 is amended-- 7i7 by striking ,october #a1 #bjbc each place it appears and inserting ,october #a1 #bjbi2 and 7ii7 by striking ,october #a1 #bjbb and inserting ,october #a1 #bjbh4 7f7 ,effective date ,the amendments made by this section shall take effect on ,october #a1 #bjba4 #hjajc4 ,further additional transfers to trust fund ,subsection 7f7 of section #iejc of the ,internal ,revenue ,code of #aihf is amended by redesignating paragraph 7#aa7 as paragraph 7#ab7 and inserting after paragraph 7#aj7 the following new paragraph3 7#aa7 ,further transfers to trust fund ,out of money in the ,treasury not otherwise appropriated1 there is hereby appropriated-- 7,a7 #ij1jjj1jjj1jjj to the ,highway ,account 7as defined in subsection 7e77#e77;,b77 in the ,highway ,trust ,fund2 and 7,b7 #bh1jjj1jjj1jjj to the ,mass ,transit ,account in the ,highway ,trust ,fund4 4 ,,ii ,chemical superfund #hjbja4 ,extension and modification of certain superfund excise taxes 7a7 ,extension 7#a7 ,in general ,section #dffa7;c7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7c7 ,termination ,no tax shall be imposed by this section after ,december #ca1 #bjca4 4 7#b7 ,imported substances ,section #dfga7;e7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7e7 ,termination ,no tax shall be imposed by this section after ,december #ca1 #bjca4 4 7b7 ,modification of rates 7#a7 ,in general ,section #dffa7;b7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 7b7 ,amount of tax ,the amount of tax imposed by subsection 7a7 shall be determined in accordance with the following table3 ,in the case of3,the tax is the following amount per ton3 ,acetylene#i4gd ,benzene#i4gd ,butane#i4gd ,butylene#i4gd ,butadiene#i4gd ,ethylene#i4gd ,methane#f4hh ,napthalene#i4gd ,propylene#i4gd ,toluene#i4gd ,xylene#i4gd ,ammonia#e4bh ,antimony#h4ij ,antimony trioxide#g4ej ,arsenic#h4ij ,arsenic trioxide#f4hb ,barium sulfide#d4fj ,bromine#h4ij ,cadmium#h4ij ,chlorine#e4dj ,chromium#h4ij ,chromite#c4jd ,potassium dichromate#c4ch ,sodium dichromate#c4gd ,cobalt#h4ij ,cupric sulfate#c4gd ,cupric oxide#g4ah ,cuprous oxide#g4id ,hydrochloric acid#j4eh ,hydrogen fluoride#h4df ,lead oxide#h4bh ,mercury#h4ij ,nickel#h4ij ,phosphorus#h4ij ,stannous chloride#e4gj ,stannic chloride#d4bd ,zinc chloride#d4dd ,zinc sulfate#c4hj ,potassium hydroxide#j4dd ,sodium hydroxide#j4ef ,sulfuric acid#j4eb ,nitric acid#j4dh4 4 7#b7 ,rate on taxable substances where importer does not furnish information to the secretary ,section #dfga7;b77#b7 of such ,code is amended by striking #e percent and inserting #aj percent4 7c7 ,rules relating to taxable substances 7#a7 ,modification of determination of taxable substances ,section #dfgb7;a77#b77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking #ej percent each place it appears and inserting #bj percent4 7#b7 ,presumption as a taxable substance for prior determinations ,except as otherwise determined by the ,secretary of the ,treasury 7or the ,secretary's delegate71 any substance which was determined to be a taxable substance by reason of section #dfgb7;a77#b7 of the ,internal ,revenue ,code of #aihf 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 date4 7#c7 ,publication of initial list ,not later than ,january #a1 #bjbb1 the ,secretary of the ,treasury 7or the ,secretary's delegate7 shall publish an initial list of taxable substances under section #dfgb7;a7 of the ,internal ,revenue ,code of #aihf4 7d7 ,effective date ,the amendments made by this section shall take effect on ,july #a1 #bjbb4 ,,iii ,customs user fees #hjcja4 ,extension of customs user fees 7a7 ,in general ,section #acjca7;j77#c7 of the ,consolidated ,omnibus ,budget ,reconciliation ,act of #aihe 7#ai ,u4,s4,c4 #eh;c7j77#c77 is amended-- 7#a7 in subparagraph 7,a71 by striking ,september #cj1 #bjcj and inserting ,september #cj1 #bjca2 and 7#b7 in subparagraph 7,b77i71 by striking ,september #cj1 #bjcj and inserting ,september #cj1 #bjca4 7b7 ,rate for merchandise processing fees ,section #ejc of the ,united ,states-,korea ,free ,trade ,agreement ,implementation ,act 7,public ,law #aab-da2 #ai ,u4,s4,c4 #chje note7 is amended by striking ,september #cj1 #bjcj and inserting ,september #cj1 #bjca4 ,,iv ,bond ,provisions #hjdja4 ,private activity bonds for qualified broadband projects 7a7 ,in general ,section #adb7;a7 of the ,internal ,revenue ,code of #aihf is amended by striking or at the end of paragraph 7#ad71 by striking the period at the end of paragraph 7#ae7 and inserting 1 or1 and by adding at the end the following new paragraph3 7#af7 qualified broadband projects4 4 7b7 ,qualified broadband projects ,section #adb of such ,code is amended by adding at the end the following new subsection3 7n7 ,qualified broadband project 7#a7 ,in general ,for purposes of subsection 7a77#af71 the term qualified broadband project means any project which-- 7,a7 is designed to provide broadband service solely to #a or more census block groups in which more than #ej percent of residential households do not have access to fixed1 terrestrial broadband service which delivers at least #be megabits per second downstream and at least #c megabits service upstream1 and 7,b7 results in internet access to residential locations1 commercial locations1 or a combination of residential and commercial locations at speeds not less than #ajj megabits per second for downloads and #bj megabits for second for uploads1 but only if at least #ij percent of the locations provided such access under the project are locations where1 before the project1 a broadband service provider-- 7i7 did not provide service1 or 7ii7 did not provide service meeting the minimum speed requirements described in subparagraph 7,a74 7#b7 ,notice to broadband providers ,a project shall not be treated as a qualified broadband project unless1 before the issue date of any issue the proceeds of which are to be used to fund the project1 the issuer-- 7,a7 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 scope1 7,b7 includes in such notice a request for information from each such provider with respect to the provider's ability to deploy1 manage1 and maintain a broadband network capable of providing gigabit capable ,internet access to residential or commercial locations1 and 7,c7 allows each such provider at least #ij days to respond to such notice and request4 4 7c7 ,partial exception from volume cap 7#a7 ,in general ,section #adf7;g7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of paragraph 7#c71 by striking the period at the end of paragraph 7#d7 and inserting 1 and1 and by inserting immediately after paragraph 7#d7 the following new paragraph3 7#e7 #ge percent of any exempt facility bond issued as part of an issue described in paragraph 7#af7 of section #adb7;a7 7relating to qualified broadband projects74 4 7#b7 ,government-owned projects ,the last sentence of section #adf7;g7 of such ,code is amended by striking ,paragraph 7#d7 and inserting ,paragraphs 7#d7 and 7#e74 7d7 ,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 ,act4 #hjdjb4 ,carbon dioxide capture facilities 7a7 ,in general ,section #adb7;a7 of the ,internal ,revenue ,code of #aihf1 as amended by section #hjdja1 is amended by striking or at the end of paragraph 7#ae71 by striking the period at the end of paragraph 7#af7 and inserting 1 or1 and by adding at the end the following new paragraph3 7#ag7 qualified carbon dioxide capture facilities4 4 7b7 ,qualified carbon dioxide capture facilities ,section #adb of such ,code1 as amended by section #hjdja1 is amended by adding at the end the following new subsection3 7o7 ,qualified carbon dioxide capture facility 7#a7 ,in general ,for purposes of subsection 7a77#ag71 the term qualified carbon dioxide capture facility means-- 7,a7 the eligible components of an industrial carbon dioxide facility1 and 7,b7 a direct air capture facility 7as defined in section #de,q7e77#a774 7#b7 ,definitions ,for purposes of this subsection3 7,a7 ,eligible component 7i7 ,in general ,the term eligible component means any equipment which is installed in an industrial carbon dioxide facility that satisfies the requirements under paragraph 7#c7 and which is-- 7,i7 used for the purpose of capture1 treatment and purification1 compression1 transportation1 or on-site storage of carbon dioxide produced by the industrial carbon dioxide facility1 or 7,,ii7 integral or functionally related and subordinate to a process which converts a solid or liquid product from coal1 petroleum residue1 biomass1 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 conversion4 7ii7 ,definitions ,for purposes of this subparagraph-- 7,i7 ,biomass 7aa7 ,in general ,the term biomass means any-- 7,,aa7 agricultural or plant waste1 7,,bb7 byproduct of wood or paper mill operations1 including lignin in spent pulping liquors1 and 7,,cc7 other products of forestry maintenance4 7bb7 ,exclusion ,the term biomass does not include paper which is commonly recycled4 7,,ii7 ,coal ,the term coal means anthracite1 bituminous coal1 subbituminous coal1 lignite1 and peat4 7,b7 ,industrial carbon dioxide facility 7i7 ,in general ,except as provided in clause 7ii71 the term industrial carbon dioxide facility means a facility that emits carbon dioxide 7including from any fugitive emissions source7 that is created as a result of any of the following processes3 7,i7 ,fuel combustion4 7,,ii7 ,gasification4 7,,iii7 ,bioindustrial4 7,,iv7 ,fermentation4 7,v7 ,any manufacturing industry relating to-- 7aa7 chemicals1 7bb7 fertilizers1 7cc7 glass1 7dd7 steel1 7ee7 petroleum residues1 7ff7 forest products1 7gg7 agriculture1 including feedlots and dairy operations1 and 7hh7 transportation grade liquid fuels4 7ii7 ,exceptions ,for purposes of clause 7i71 an industrial carbon dioxide facility shall not include-- 7,i7 any geological gas facility1 or 7,,ii7 any air separation unit that-- 7aa7 does not qualify as gasification equipment1 or 7bb7 is not a necessary component of an oxy-fuel combustion process4 7iii7 ,definitions ,for purposes of this subparagraph-- 7,i7 ,petroleum residue ,the term petroleum residue means the carbonized product of high-boiling hydrocarbon fractions obtained in petroleum processing4 7,,ii7 ,geological gas facility ,the term geological gas facility means a facility that-- 7aa7 produces a raw product consisting of gas or mixed gas and liquid from a geological formation1 7bb7 transports or removes impurities from such product1 or 7cc7 separates such product into its constituent parts4 7#c7 ,special rule for facilities with less than #fe percent capture and storage percentage 7,a7 ,in general ,subject to subparagraph 7,b71 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 7as determined under subparagraph 7,c77 that is equal to or greater than #fe percent4 7,b7 ,exception ,in the case of an industrial carbon dioxide facility designed with a capture and storage percentage that is less than #fe percent1 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 percentage4 7,c7 ,capture and storage percentage 7i7 ,in general ,subject to clause 7ii71 the capture and storage percentage shall be an amount1 expressed as a percentage1 equal to the quotient of-- 7,i7 the total metric tons of carbon dioxide designed to be annually captured1 transported1 and injected into-- 7aa7 a facility for geologic storage1 or 7bb7 an enhanced oil or gas recovery well followed by geologic storage1 divided by 7,,ii7 the total metric tons of carbon dioxide which would otherwise be released into the atmosphere each year as industrial emission of greenhouse gas if the eligible components were not installed in the industrial carbon dioxide facility4 7ii7 ,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 facility1 the capture and storage percentage under this subparagraph shall be determined based only on such specific sources of emissions or portions thereof4 7#d7 ,regulations ,the ,secretary shall issue such regulations or other guidance as are necessary to carry out the provisions of this subsection1 including methods for determining costs attributable to an eligible component for purposes of paragraph 7#c77;,a74 4 7c7 ,volume cap ,section #adf7;g7 of such ,code1 as amended by section #hjdja1 is amended by striking and at the end of paragraph 7#d71 by striking the period at the end of paragraph 7#e7 and inserting 1 and1 and by inserting immediately after paragraph 7#e7 the following new paragraph3 7#f7 #ge percent of any exempt facility bond issued as part of an issue described in paragraph 7#ag7 of section #adb7;a7 7relating to qualified carbon dioxide capture facilities74 4 7d7 ,clarification of private business use ,section #ada7;b77#f7 of such ,code is amended by adding at the end the following new subparagraph3 7,c7 ,clarification relating to qualified carbon dioxide capture facilities ,for purposes of this subsection1 the sale of carbon dioxide produced by a qualified carbon dioxide capture facility 7as defined in section #adb7o77 which is owned by a governmental unit shall not constitute private business use4 4 7e7 ,coordination with credit for carbon oxide sequestration ,section #de,q7f7 of such ,code is amended by adding at the end the following new paragraph3 7#c7 ,credit reduced for certain tax-exempt bonds ,the amount of the credit determined under subsection 7a7 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 or a fraction-- 7,a7 the numerator of which is the sum1 for the taxable year and all prior taxable years1 of the proceeds from an issue described in section #adb7;a77#ag7 used to provide financing for the project the interest on which is exempt from tax under section #ajc1 and 7,b7 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 years4 ,the amounts under the preceding sentence for any taxable year shall be determined as of the close of the taxable year4 4 7f7 ,effective date ,the amendments made by this section shall apply to obligations issued after ,december #ca1 #bjba4 #hjdjc4 ,increase in national limitation amount for qualified highway or surface freight transportation facilities 7a7 ,in general ,section #adb7m77#b77;,a7 of the ,internal ,revenue ,code of #aihf is amended by striking #ae1jjj1jjj1jjj and inserting #cj1jjj1jjj1jjj4 7b7 ,effective date ,the amendment made by this section shall apply to bonds issued after the date of the enactment of this ,act4 ,v ,relief for taxpayers affected by disasters or other critical events #hjeja4 ,modification of automatic extension of certain deadlines in the case of taxpayers affected by ,federally declared disasters 7a7 ,in general ,section #gejh;,a7d7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by striking the latest incident date so specified in subparagraph 7,b7 and inserting the later of such earliest incident date described in subparagraph 7,a7 or the date such declaration was issued1 and 7,b7 by striking in the same manner as a period specified under subsection 7a7 and inserting in determining1 under the internal revenue laws1 in respect of any tax liability of such qualified taxpayer1 whether any of the acts described in subparagraphs 7,a7 through 7,f7 of section #gejh7;a77#a7 were performed within the time prescribed therefor 7determined without regard to extension under any other provision of this subtitle for periods after the date determined under subparagraph 7,b771 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,disaster area ,for purposes of this subsection1 the term disaster area means an area in which a major disaster for which the ,president provides financial assistance under section #djh of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eagd7 occurs4 1 and 7#c7 by adding at the end the following3 7#f7 ,multiple declarations ,for purposes of paragraph 7#a71 in the case of multiple declarations relating to a disaster area which are issued within a #fj-;day period1 a separate period shall be determined under such paragraph with respect to each such declaration4 4 7b7 ,effective date ,the amendment made by this section shall apply to federally declared disasters declared after the date of enactment of this ,act4 #hjejb4 ,modifications of rules for postponing certain acts by reason of service in combat zone or contingency operation 7a7 ,in general ,section #gejh7;a77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking subparagraph 7,c7 and inserting the following3 7,c7 ,filing a petition with the ,tax ,court1 or filing a notice of appeal from a decision of the ,tax ,court2 1 and 7#b7 by inserting or in respect of any erroneous refund after any tax in subparagraph 7,j74 7b7 ,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 ,act4 #hjejc4 ,tolling of time for filing a petition with the tax court 7a7 ,in general ,section #gdea of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking ,the ,tax ,court and inserting the following3 7a7 ,fees ,the ,tax ,court 1 and 7#b7 by adding at the end the following new subsection3 7b7 ,tolling of time in certain cases 7#a7 ,in general ,notwithstanding any other provision of this title1 in any case 7including by reason of a lapse in appropriations7 in which a filing location is inaccessible or otherwise unavailable to the general public on the date a petition is due1 the relevant time period for filing such petition shall be tolled for the number of days within the period of inaccessibility plus an additional #ad days4 7#b7 ,filing location ,for purposes of this subsection1 the term filing location means-- 7,a7 the office of the clerk of the ,tax ,court1 or 7,b7 any on-line portal made available by the ,tax ,court for electronic filing of petitions4 4 7b7 ,conforming amendments 7#a7 ,the heading for section #gdea of the ,internal ,revenue ,code of #aihf is amended by striking ,fee for filing petition and inserting ,petitions4 7#b7 ,the item in the table of contents for part ,,ii of subchapter ,c of chapter #gf of such ,code is amended by striking ,fee for filing petition and inserting ,petitions4 7c7 ,effective date ,the amendments made by this section shall apply to petitions required to be timely filed 7determined without regard to the amendments made by this section7 after the date of enactment of this ,act4 #hjejd4 ,authority to postpone certain tax deadlines by reason of significant fires 7a7 ,in general ,section #gejh;,a of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by inserting 1 a significant fire1 after federally declared disaster 7as defined in section #afe7;i77#e77;,a77 in subsection 7a71 7#b7 by inserting 1 fire1 after disaster each place it appears in subsections 7a77#a7 and 7b71 and 7#c7 by adding at the end the following new subsection3 7e7 ,significant fire ,for purposes of this section1 the term significant fire means any fire with respect to which assistance is provided under section #dbj of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act4 4 7b7 ,conforming amendments 7#a7 ,the heading of section #gejh;,a of the ,internal ,revenue ,code of #aihf is amended by striking ,presidentially declared disaster and inserting ,federally declared disaster1 significant fire14 7#b7 ,the item relating to section #gejh;,a in the table of sections for chapter #gg of such ,code is amended by striking ,presidentially declared disaster and inserting ,federally declared disaster1 significant fire14 7c7 ,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 ,act4 ,,vi ,other provisions #hjfja4 ,modification of tax treatment of contributions to the capital of a corporation 7a7 ,in general ,section #aah of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7b71 by inserting except as provided in subsection 7c71 after ,for purposes of subsection 7a711 7#b7 by redesignating subsection 7d7 as subsection 7e71 and 7#c7 by striking subsection 7c7 and inserting the following3 7c7 ,special ,rules for water and sewerage disposal utilities 7#a7 ,general rule ,for purposes of this section1 the term contribution to the capital of the taxpayer includes any amount of money or other property received from any person 7whether or not a shareholder7 by a regulated public utility which provides water or sewerage disposal services if-- 7,a7 such amount is-- 7i7 a contribution in aid of construction1 or 7ii7 a contribution to the capital of such utility by a governmental entity providing for the protection1 preservation1 or enhancement of drinking water or sewerage disposal services1 7,b7 in the case of a contribution in aid of construction which is property other than water or sewerage disposal facilities1 such amount meets the requirements of the expenditure rule of paragraph 7#b71 and 7,c7 such amount 7or any property acquired or constructed with such amount7 is not included in the taxpayer's rate base for ratemaking purposes4 7#b7 ,expenditure rule ,an amount meets the requirements of this paragraph if-- 7,a7 an amount equal to such amount is expended for the acquisition or construction of tangible property described in section #abca7;b7-- 7i7 which is the property for which the contribution was made or is of the same type as such property1 and 7ii7 which is used predominantly in the trade or business of furnishing water or sewerage disposal services1 7,b7 the expenditure referred to in subparagraph 7,a7 occurs before the end of the second taxable year after the year in which such amount was received1 and 7,c7 accurate records are kept of the amounts contributed and expenditures made1 the expenditures to which contributions are allocated1 and the year in which the contributions and expenditures are received and made4 7#c7 ,definitions ,for purposes of this subsection-- 7,a7 ,contribution in aid of construction ,the term contribution in aid of construction shall be defined by regulations prescribed by the ,secretary1 except that such term shall not include amounts paid as service charges for starting or stopping services4 7,b7 ,predominantly ,the term predominantly means #hj percent or more4 7,c7 ,regulated public utility ,the term regulated public utility has the meaning given such term by section #ggja7;a77#cc71 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 area4 7#d7 ,disallowance of deductions and credits2 adjusted basis ,notwithstanding any other provision of this subtitle1 no deduction or credit shall be allowed for1 or by reason of1 any expenditure which constitutes a contribution in aid of construction to which this subsection applies4 ,the adjusted basis of any property acquired with contributions in aid of construction to which this subsection applies shall be zero4 7d7 ,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 7c77#a77;,a77i71 then-- 7#a7 the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire before the expiration of #c years from the date the ,secretary is notified by the taxpayer 7in such manner as the ,secretary may prescribe7 of-- 7,a7 the amount of the expenditure referred to in subparagraph 7,a7 of subsection 7c77#b71 7,b7 the taxpayer's intention not to make the expenditures referred to in such subparagraph1 or 7,c7 a failure to make such expenditure within the period described in subparagraph 7,b7 of subsection 7c77#b71 and 7#b7 such deficiency may be assessed before the expiration of such #c-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment4 4 7b7 ,effective date ,the amendments made by this section shall apply to contributions made after ,december #ca1 #bjbj4 #hjfjb4 ,extension of interest rate stabilization 7a7 ,funding stabilization under the ,internal ,revenue ,code of #aihf ,the table in subclause 7,,ii7 of section #dcj7;h77#b77;,c77iv7 of the ,internal ,revenue ,code of #aihf is amended to read as follows3 ,if the calendar year is3,the applicable minimum percentage is3,the applicable maximum percentage is3 ,any year in the period starting in #bjab and ending in #bjaiijaaj ,any year in the period starting in #bjbj and ending in #bjcjieaje #bjcaijaaj #bjcbheaae #bjcchjabj #bjcdgeabe ,after #bjcdgjacj4 4 7b7 ,funding stabilization under ,employee ,retirement ,income ,security ,act of #aigd 7#a7 ,in general ,the table in subclause 7,,ii7 of section #cjc7;h77#b77;,c77iv7 of the ,employee ,retirement ,income ,security ,act of #aigd 7#bi ,u4,s4,c4 #ajhc7;h77#b77;,c77iv77 is amended to read as follows3 ,if the calendar year is3,the applicable minimum percentage is3,the applicable maximum percentage is3 ,any year in the period starting in #bjab and ending in #bjaiijaaj ,any year in the period starting in #bjbj and ending in #bjcjieaje #bjcaijaaj #bjcbheaae #bjcchjabj #bjcdgeabe ,after #bjcdgjacj4 4 7#b7 ,conforming amendments 7,a7 ,in general ,section #aja7;f77#b77;,d7 of such ,act 7#bi ,u4,s4,c4 #ajba7;f77#b77;,d77 is amended-- 7i7 in clause 7i71 by striking and the ,american ,rescue ,plan ,act of #bjba both places it appears and inserting 1 the ,american ,rescue ,plan ,act of #bjba1 and the ,infrastructure ,investment and ,jobs ,act1 and 7ii7 in clause 7ii71 by striking #bjbi and inserting #bjcd4 7,b7 ,statements ,the ,secretary of ,labor shall modify the statements required under subclauses 7,i7 and 7,,ii7 of section #aja7;f77#b77;,d77i7 of such ,act to conform to the amendments made by this section4 7c7 ,effective date ,the amendments made by this section shall apply with respect to plan years beginning after ,december #ca1 #bjba4 #hjfjc4 ,information reporting for brokers and digital assets 7a7 ,clarification of definition of broker ,section #fjde7;c77#a7 of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 by striking and at the end of subparagraph 7,b71 7#b7 in subparagraph 7,c7-- 7,a7 by striking any other person who 7for a consideration7 and inserting any person who 7for consideration71 and 7,b7 by striking the period at the end and inserting 1 and1 and 7#c7 by inserting after subparagraph 7,c7 the following new subparagraph3 7,d7 any person who 7for consideration7 is responsible for regularly providing any service effectuating transfers of digital assets on behalf of another person4 4 7b7 ,reporting of digital assets 7#a7 ,brokers 7,a7 ,treatment as specified security ,section #fjde7;g77#c77;,b7 of the ,internal ,revenue ,code of #aihf is amended by striking and at the end of clause 7iii71 by redesignating clause 7iv7 as clause 7v71 and by inserting after clause 7iii7 the following new clause3 7iv7 any digital asset1 and 4 7,b7 ,definition of digital asset ,section #fjde7;g77#c7 of such ,code is amended by adding at the end the following new subparagraph3 7,d7 ,digital asset ,except as otherwise provided by the ,secretary1 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 ,secretary4 4 7,c7 ,applicable date ,section #fjde7;g77#c77;,c7 of such ,code is amended-- 7i7 in clause 7ii71 by striking and at the end1 7ii7 by redesignating clause 7iii7 as clause 7iv71 and 7iii7 by inserting after clause 7ii7 the following3 7iii7 ,january #a1 #bjbc1 in the case of any specified security which is a digital asset1 and 4 7#b7 ,furnishing of information 7,a7 ,in general ,section #fjde;,a of such ,code is amended-- 7i7 in subsection 7a71 by striking a security which is1 and 7ii7 by adding at the end the following3 7d7 ,return requirement for certain transfers of digital assets not otherwise subject to reporting ,any broker1 with respect to any transfer 7which is not part of a sale or exchange executed by such broker7 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 by1 or an address not associated with1 a person that such broker knows or has reason to know is also a broker1 shall make a return for such calendar year1 in such form as determined by the ,secretary1 showing the information otherwise required to be furnished with respect to transfers subject to subsection 7a74 4 7,b7 ,reporting penalties ,section #fgbd7;d77#a77;,b7 of such ,code is amended by striking or at the end of clause 7xxv71 by striking and at the end of clause 7xxvi71 and by inserting after clause 7xxvi7 the following new clause3 7xxvii7 section #fjde;,a7d7 7relating to returns for certain digital assets71 4 7#c7 ,treatment as cash for purposes of section #fjej;,i ,section #fjej;,i7d7 of such ,code is amended by striking and at the end of paragraph 7#a71 by striking the period at the end of paragraph 7#b7 and inserting 1 and1 and by inserting after paragraph 7#b7 the following new paragraph3 7#c7 any digital asset 7as defined in section #fjde7;g77#c77;,d774 4 7c7 ,effective date ,the amendments made by this section shall apply to returns required to be filed1 and statements required to be furnished1 after ,december #ca1 #bjbc4 7d7 ,rule of construction ,nothing in this section or the amendments made by this section shall be construed to create any inference1 for any period prior to the effective date of such amendments1 with respect to-- 7#a7 whether any person is a broker under section #fjde7;c77#a7 of the ,internal ,revenue ,code of #aihf1 or 7#b7 whether any digital asset is property which is a specified security under section #fjde7;g77#c77;,b7 of such ,code4 #hjfjd4 ,termination of employee retention credit for employers subject to closure due to ,,covid-#ai 7a7 ,in general ,section #cacd of the ,internal ,revenue ,code of #aihf is amended-- 7#a7 in subsection 7c77#e7-- 7,a7 in subparagraph 7,a71 by adding and at the end1 7,b7 in subparagraph 7,b71 by striking 1 and at the end and inserting a period1 and 7,c7 by striking subparagraph 7,c71 and 7#b7 in subsection 7n71 by striking ,january #a1 #bjbb and inserting ,october #a1 #bjba 7or1 in the case of wages paid by an eligible employer which is a recovery startup business1 ,january #a1 #bjbb74 7b7 ,effective date ,the amendments made by this section shall apply to calendar quarters beginning after ,september #cj1 #bjba4 ,i ,other matters #ijjja4 ,extension of direct spending reductions through fiscal year #bjca ,section #bea;,a7#f7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe 7#b ,u4,s4,c4 #ija;a7#f77 is amended-- 7#a7 in subparagraph 7,b71 in the matter preceding clause 7i71 by striking #bjcj and inserting #bjca2 and 7#b7 in subparagraph 7,c7-- 7,a7 in the matter preceding clause 7i71 by striking #bjcj and inserting #bjca2 7,b7 in clause 7i7-- 7i7 by striking #e #a_/b and inserting #f2 7ii7 by striking #b4j and inserting #d4j2 and 7iii7 by striking the semicolon at the end and inserting 2 and2 7,c7 in clause 7ii7-- 7i7 by striking #f-month period beginning on the day after the last day of the period described in clause 7i7 and inserting second #f months2 7ii7 by striking #d4j and inserting #j2 and 7iii7 by striking 2 and and inserting a period2 and 7,d7 by striking clause 7iii74 #ijjjb4 ,strategic ,petroleum ,reserve drawdown and sale 7a7 ,drawdown and sale 7#a7 ,in general ,notwithstanding section #afa of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda71 except as provided in subsections 7b7 and 7c71 the ,secretary of ,energy shall draw down and sell from the ,strategic ,petroleum ,reserve #hg1fjj1jjj barrels of crude oil during the period of fiscal years #bjbh through #bjca4 7#b7 ,timing ,subject to paragraph 7#a7 and subsection 7c77#a71 in determining the timing of each drawdown and sale from the ,strategic ,petroleum ,reserve during the period of fiscal years #bjbh through #bjca under paragraph 7#a71 to the maximum extent practicable1 the ,secretary shall maximize the financial return to the ,united ,states taxpayers4 7#c7 ,deposit of amounts received from sale ,amounts received from a sale under paragraph 7#a7 shall be deposited in the general fund of the ,treasury during the fiscal year in which the sale occurs4 7#d7 ,,spr ,petroleum ,account ,the ,secretary of the ,treasury shall deposit in the ,,spr ,petroleum ,account established under section #afg7;a7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbdg7;a77 #dc1ejj1jjj1 to be used to carry out paragraph 7#a7 in accordance with section #afg of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbdg74 7b7 ,emergency protection ,the ,secretary of ,energy shall not draw down and sell crude oil under subsection 7a7 in a quantity that would limit the authority to sell petroleum products under subsection 7h7 of section #afa of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda7 in the full quantity authorized by that subsection4 7c7 ,limitations 7#a7 ,in general ,the ,secretary of ,energy shall not draw down or conduct sales of crude oil under subsection 7a7 after the date on which a total of #f1ajj1jjj1jjj has been deposited in the general fund of the ,treasury from sales authorized under that subsection4 7#b7 ,minimum volume ,section #afa7;h77#b7 of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fbda7;h77#b77 is amended by striking #cdj1jjj1jjj each place it appears and inserting #beb1djj1jjj4 #ijjjc4 ,findings regarding unused unemployment insurance funds ,congress finds the following3 7#a7 ,on ,july #af1 #bjba1 the ,congressional ,budget ,office 7in this section referred to as ,,cbo7 reduced its projected cost of the extension of expanded unemployment compensation as enacted in the ,american ,rescue ,plan ,act of #bjba 7,p4,l4 #aag-b74 7#b7 ,,cbo budget projections included mandatory outlays for the expansion totaling #add1jjj1jjj1jjj in #bjba and #h1jjj1jjj1jjj in #bjbb4 ,that estimated cost is #ej1jjj1jjj1jjj less in #bjba1 and #c1jjj1jjj1jjj less in #bjbb1 than anticipated in ,,cbo's ,march #bjba cost estimate4 7#c7 ,,cbo reduced its projections of those costs for two major reasons4 ,first1 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 #bjba4 ,in its original estimate1 ,,cbo projected that all ,states would participate in the programs until ,september4 ,second1 because of the improving economy1 the agency has lowered its forecast of the unemployment rate1 resulting in fewer projected beneficiaries for the programs1 which also reduced projected costs4 7#d7 ,it is estimated that there are approximately #ec1jjj1jjj1jjj in savings from the amounts in the ,treasury originally estimated to be spent on unemployment insurance funds 7under the provisions of subtitle ,a of title ,,ii of division ,a of the ,,cares ,act7 not used by the ,states4 #ijjjd4 ,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 #ahdg;,a of the ,social ,security ,act 7#db ,u4,s4,c4 #aciew-#c;a7 is amended-- 7#a7 by redesignating subsection 7h7 as subsection 7i72 and 7#b7 by inserting after subsection 7g7 the following new subsection3 7h7 ,refund for certain discarded single-dose container or single-use package drugs 7#a7 ,secretarial provision of information 7,a7 ,in general ,for each calendar quarter beginning on or after ,january #a1 #bjbc1 the ,secretary shall1 with respect to a refundable single-dose container or single-use package drug 7as defined in paragraph 7#h771 report to each manufacturer 7as defined in subsection 7c77#f77;,a77 of such refundable single-dose container or single-use package drug the following for the calendar quarter3 7i7 ,subject to subparagraph 7,c71 information on the total number of units of the billing and payment code of such drug1 if any1 that were discarded during such quarter1 as determined using a mechanism such as the ,,jw modifier used as of the date of enactment of this subsection 7or any such successor modifier that includes such data as determined appropriate by the ,secretary74 7ii7 ,the refund amount that the manufacturer is liable for pursuant to paragraph 7#c74 7,b7 ,determination of discarded amounts ,for purposes of subparagraph 7,a77i71 with respect to a refundable single-dose container or single-use package drug furnished during a quarter1 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 service4 7,c7 ,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 for purposes of subparagraph 7,a77i71 and the determination of the estimated total allowed charges for the drug in the quarter for purposes of paragraph 7#c77;,a77ii71 shall not include such units that are packaged into the payment amount for an item or service and are not separately payable4 7#b7 ,manufacturer requirement ,for each calendar quarter beginning on or after ,january #a1 #bjbc1 the manufacturer of a refundable single-dose container or single-use package drug shall1 for such drug1 provide to the ,secretary a refund that is equal to the amount specified in paragraph 7#c7 for such drug for such quarter4 7#c7 ,refund amount 7,a7 ,in general ,the amount of the refund specified in this paragraph is1 with respect to a refundable single-dose container or single-use package drug of a manufacturer assigned to a billing and payment code for a calendar quarter beginning on or after ,january #a1 #bjbc1 an amount equal to the estimated amount 7if any7 by which-- 7i7 the product of-- 7,i7 the total number of units of the billing and payment code for such drug that were discarded during such quarter 7as determined under paragraph 7#a772 and 7,,ii7 7aa7 in the case of a refundable single-dose container or single-use package drug that is a single source drug or biological1 the amount of payment determined for such drug or biological under subsection 7b77#a77;,b7 for such quarter2 or 7bb7 in the case of a refundable single-dose container or single-use package drug that is a biosimilar biological product1 the amount of payment determined for such product under subsection 7b77#a77;,c7 for such quarter2 exceeds 7ii7 an amount equal to the applicable percentage 7as defined in subparagraph 7,b77 of the estimated total allowed charges for such drug under this part during the quarter4 7,b7 ,applicable percentage defined 7i7 ,in general ,for purposes of subparagraph 7,a77ii71 the term applicable percentage means-- 7,i7 subject to subclause 7,,ii71 #aj percent2 and 7,,ii7 if applicable1 in the case of a refundable single-dose container or single-use package drug described in clause 7ii71 a percentage specified by the ,secretary pursuant to such clause4 7ii7 ,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 7#h77;,b77ii71 the ,secretary1 through notice and comment rulemaking1 may increase the applicable percentage otherwise applicable under clause 7i77,i7 as determined appropriate by the ,secretary4 7#d7 ,frequency ,amounts required to be refunded pursuant to paragraph 7#b7 shall be paid in regular intervals 7as determined appropriate by the ,secretary74 7#e7 ,refund deposits ,amounts paid as refunds pursuant to paragraph 7#b7 shall be deposited into the ,federal ,supplementary ,medical ,insurance ,trust ,fund established under section #ahda4 7#f7 ,enforcement 7,a7 ,audits 7i7 ,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 ,secretary4 7ii7 ,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 #ahcc7;e7 to ensure compliance with the requirements applicable under this subsection4 7,b7 ,civil money penalty 7i7 ,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 7#b7 for such drug for a calendar quarter in an amount equal to the sum of-- 7,i7 the amount that the manufacturer would have paid under such paragraph with respect to such drug for such quarter2 and 7,,ii7 #be percent of such amount4 7ii7 ,application ,the provisions of section #aabh;,a 7other than subsections 7a7 and 7b77 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 #aabh;,a7a74 7#g7 ,implementation ,the ,secretary shall implement this subsection through notice and comment rulemaking4 7#h7 ,definition of refundable single-dose container or single-use package drug 7,a7 ,in general ,except as provided in subparagraph 7,b71 in this subsection1 the term refundable single-dose container or single-use package drug means a single source drug or biological 7as defined in section #ahdg;,a7c77#f77;,d77 or a biosimilar biological product 7as defined in section #ahdg;,a7c77#f77;,h77 for which payment is made under this part and that is furnished from a single-dose container or single-use package4 7,b7 ,exclusions ,the term refundable single-dose container or single-use package drug does not include-- 7i7 a drug or biological that is either a radiopharmaceutical or an imaging agent2 7ii7 a drug or biological approved by the ,food and ,drug ,administration for which dosage and administration instructions included in the labeling require filtration during the drug preparation process1 prior to dilution and administration1 and require that any unused portion of such drug after the filtration process be discarded after the completion of such filtration process2 or 7iii7 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 #ah months4 7#i7 ,report to ,congress ,not later than #c years after the date of enactment of this subsection1 the ,office of the ,inspector ,general1 after consultation with the ,centers for ,medicare ,medicaid ,services and the ,food and ,drug ,administration1 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 ,representatives1 a report on any impact this section is reported to have on the licensure1 market entry1 market retention1 or marketing of biosimilar biological products4 ,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 ,representatives4 4 #ijjje4 ,extension of enterprise guarantee fees ,section #acbg7;f7 of the ,federal ,housing ,enterprises ,financial ,safety and ,soundness ,act of #aiib 7#ab ,u4,s4,c4 #dedg7;f77 is amended by striking #bjba and inserting #bjcb4 #ijjjf4 ,moratorium on implementation of rule relating to eliminating the anti-kickback statute safe harbor protection for prescription drug rebates ,notwithstanding any other provision of law1 the ,secretary of ,health and ,human ,services shall not1 prior to ,january #a1 #bjbf1 implement1 administer1 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 #cj1 #bjbj1 and titled ,fraud and ,abuse2 ,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 7#he ,fed4 ,reg4 #gffff74 #ijjjg4 ,rescission of ,,covid-#ai appropriations 7a7 ,economic injury disaster loan subsidy 7#a7 ,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 7,public ,law #aaf-aci71 #ac1ejj1jjj1jjj are permanently rescinded4 7#b7 ,designation ,the amount rescinded pursuant to paragraph 7#a7 that was previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is designated by the ,congress as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7b7 ,targeted ,,eidl advance 7#a7 ,of the unobligated balances from amounts made available under the heading ,small ,business ,administration--,targeted ,,eidl ,advance in section #cbc7;d77#a77;,d7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 #ag1egh1jjj1jjj are permanently rescinded4 7#b7 ,of the unobligated balances from amounts made available in section #ejjb7;b7 of the ,american ,rescue ,plan ,act of #bjba 7,public ,law #aag-b7-- 7,a7 amounts may be transferred to and merged with ,small ,business ,administration--,disaster ,loans ,program ,account for the cost of direct loans authorized under section #g7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;b772 7,b7 not more than #ejj1jjj1jjj may be transferred to ,small ,business ,administration--,salaries and ,expenses for necessary expenses1 not otherwise provided for1 of the ,small ,business ,administration2 and 7,c7 not more than #iib1jjj1jjj may be transferred to1 and merged with1 ,small ,business ,administration--,business ,loans ,program ,account for the cost of guaranteed loans as authorized by paragraphs 7#a7 through 7#ce7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 including the cost of carrying out sections #cbf1 #cbg1 and #cbh of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj74 7c7 ,economic stabilization program ,of the unobligated balances from amounts made available in section #djbg7;a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#ae ,u4,s4,c4 #ifja71 #a1cff1ajj1jjj are permanently rescinded4 7d7 ,business loans program account 7#a7 ,of the unobligated balances from amounts made available under the heading ,small ,business ,administration--,business ,loans ,program ,account1 ,,cares ,act in section #aajg7;a77#a7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 as amended by section #aja7;a77#b7 of division ,a of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci71 and in section #cbc7;d77#a77;,a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 for carrying out paragraphs 7#cf7 and 7#cg7 of section #g7;a7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcf7;a771 #d1fhd1jjj1jjj are permanently rescinded4 7#b7 ,of the unobligated balances from amounts made available under the heading ,small ,business ,administration--,business ,loans ,program ,account in section #cbc7;d77#a77;,f7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 #iib1jjj1jjj are permanently rescinded4 7e7 ,pandemic relief for aviation workers1 ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,,cares ,act7 ,of the unobligated balances from amounts made available in section #dabj of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7#ae ,u4,s4,c4 #ijhj71 #c1jjj1jjj1jjj are permanently rescinded4 7f7 ,education stabilization fund 7#a7 ,rescission ,of the unobligated balances from amounts made available under the heading ,education ,stabilization ,fund in title ,,viii of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 and in title ,,iii of division ,m of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj7 that were reserved for the ,higher ,education ,emergency ,relief ,fund by sections #ahjjd7;a77#a7 and #ahjjd7;a77#b7 of division ,b of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf7 and sections #cad7;a77#a71 #cad7;a77#b71 and #cad7;a77#d7 of division ,m of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 #cec1djj1jjj are permanently rescinded4 7#b7 ,designation ,the amount rescinded pursuant to paragraph 7#a7 that was previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is designated by the ,congress as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7g7 ,small business administration1 salaries and expenses 7#a7 ,rescission ,of the unobligated balances from amounts made available under the heading ,small ,business ,administration--,salaries and ,expenses in section #aajg7;a77#b7 of the ,coronavirus ,aid1 ,relief1 and ,economic ,security ,act 7,public ,law #aaf-acf71 in title ,,ii of division ,b of the ,paycheck ,protection ,program and ,health ,care ,enhancement ,act 7,public ,law #aaf-aci71 and in section #cbc7;d77#a77;,c7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 #age1jjj1jjj are permanently rescinded4 7#b7 ,designation ,the amount rescinded pursuant to paragraph 7#a7 that was previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe is designated by the ,congress as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7h7 ,pandemic relief for aviation workers ,of the unobligated balances from amounts made available in section #daa of subtitle ,a of title ,,iv of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7#ae ,u4,s4,c4 #iaja71 #bjj1jjj1jjj are permanently rescinded4 #ijjjh4 ,spectrum auctions 7a7 ,definitions ,in this section3 7#a7 ,commission ,the term ,commission means the ,federal ,communications ,commission4 7#b7 ,covered band ,the term covered band means the band of frequencies between #cajj and #cdej megahertz4 7#c7 ,relevant congressional committees ,the term relevant congressional committees means-- 7,a7 the ,committee on ,armed ,services of the ,senate2 7,b7 the ,committee on ,armed ,services of the ,house of ,representatives2 7,c7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,d7 the ,committee on ,energy and ,commerce of the ,house of ,representatives4 7b7 #c4a-c4de ,g,hz band 7#a7 ,pre-auction funding 7,a7 ,in general ,on the date of enactment of this ,act1 the ,director of the ,office of ,management and ,budget shall transfer #ej1jjj1jjj from the ,spectrum ,relocation ,fund established under section #aah of the ,national ,telecommunications and ,information ,administration ,act 7#dg ,u4,s4,c4 #ibh7 to the ,department of ,defense for the purpose of research and development1 engineering studies1 economic analyses1 activities with respect to systems1 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-- 7i7 for reallocation for shared ,federal and non-,federal commercial licensed use2 and 7ii7 for auction under paragraph 7#c7 of this subsection4 7,b7 ,exemption ,section #aah7;g7 of the ,national ,telecommunications and ,information ,administration ,organization ,act 7#dg ,u4,s4,c4 #ibh7;g77 shall not apply with respect to the payment required under subparagraph 7,a74 7,c7 ,report to ,secretary of ,commerce ,for purposes of paragraph 7#b77;,a71 the ,secretary of ,defense shall report to the ,secretary of ,commerce the findings of the planning activities described in subparagraph 7,a7 of this paragraph4 7#b7 ,identification 7,a7 ,in general ,not later than #ba months after the date of enactment of this ,act1 in accordance with the findings of the planning activities described in paragraph 7#a77;,a7 and subject to the determination of the ,secretary of ,defense under subparagraph 7,b7 of this paragraph1 the ,secretary of ,commerce1 in coordination with the ,secretary of ,defense1 the ,director of the ,office of ,science and ,technology ,policy1 and relevant congressional committees1 shall-- 7i7 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 use1 subject to flexible-use service rules2 and 7ii7 submit to the ,president and the ,commission a report that identifies the frequencies determined appropriate under clause 7i74 7,b7 ,required determination ,the ,secretary of ,commerce may identify frequencies under subparagraph 7,a77ii7 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 band4 7#c7 ,auction ,not earlier than ,november #cj1 #bjbd1 the ,commission1 in consultation with the ,assistant ,secretary of ,commerce for ,communications and ,information1 shall begin a system of competitive bidding under section #cji7;j7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77 to grant new licenses for the spectrum identified under paragraph 7#b77;,a77ii7 of this subsection4 7#d7 ,sharing of spectrum ,not earlier than ,may #ca1 #bjbe1 the ,president shall modify any assignment to a ,federal ,government station of the frequencies identified under clause 7ii7 of paragraph 7#b77;,a7 in order to accommodate shared ,federal and non-,federal commercial licensed use in accordance with that paragraph4 7#e7 ,auction proceeds to cover #aaj percent of ,federal relocation or sharing costs ,nothing in this subsection shall be construed to relieve the ,commission from the requirements under section #cji7;j77#af77;,b7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#af77;,b774 7c7 ,,fcc auction authority 7#a7 ,termination ,section #cji7;j77#aa7 of the ,communications ,act of #aicd 7#dg ,u4,s4,c4 #cji7;j77#aa77 is amended by inserting after #bjbe the following3 1 and with respect to the electromagnetic spectrum identified under section #ijjjh7;b77#b77;,a77ii7 of the ,infrastructure ,investment and ,jobs ,act1 such authority shall expire on the date that is #g years after the date of enactment of that ,act4 7#b7 ,spectrum ,pipeline ,act of #bjae ,section #ajjf7;c77#a7 of the ,spectrum ,pipeline ,act of #bjae 7,public ,law #aad-gd2 #abi ,stat4 #fbd7 is amended by striking #bjbb and inserting #bjbd4 ,j ,appropriations ,that the following sums are appropriated1 out of any money in the ,treasury not otherwise appropriated1 for the fiscal year ending ,september #cj1 #bjbb1 and for other purposes1 namely3 ,i ,,agriculture1 ,,rural ,,development1 ,,food ,,and ,,drug ,,administration1 ,,and ,,related ,,agencies ,,department ,,of ,,agriculture ,,farm ,,production ,,and ,,conservation ,,programs ,natural ,resources ,conservation ,service ,watershed and flood prevention operations ,for an additional amount for ,watershed and ,flood ,prevention ,operations1 #ejj1jjj1jjj1 to remain available until expended3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations and project cost3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,watershed ,,rehabilitation ,,program ,for an additional amount for ,watershed ,rehabilitation ,program1 #aah1jjj1jjj1 to remain available until expended3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,agriculture shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations and project cost3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,emergency ,,watershed ,,protection ,,program ,for an additional amount for ,emergency ,watershed ,protection ,program to repair damages to the waterways and watersheds resulting from natural disasters1 #cjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,rural ,,development ,,programs ,rural ,utilities ,service ,,distance ,,learning1 ,,telemedicine1 ,,and ,,broadband ,,program ,for an additional amount for ,rural ,utilities ,service--,distance ,learning1 ,telemedicine1 and ,broadband ,program1 #b1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the funds made available under this heading in this ,act1 #gd1jjj1jjj shall be for the cost of broadband loans1 as authorized by section #fja of the ,rural ,electrification ,act3 ,provided further1 ,that1 of the funds made available under this heading in this ,act1 #a1ibf1jjj1jjj shall be for the broadband loan and grant pilot program established by section #ggi of ,public ,law #aae-ada under the ,rural ,electrification ,act of #aicf1 as amended 7#g ,u4,s4,c4 #ija et seq473 ,provided further1 ,that at least #ej 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 area1 as defined in section #fja7;b77#c7 of the ,rural ,electrification ,act1 without sufficient access to broadband defined for such funds as having speeds of not less than #be megabits per second downloads and #c megabits per second uploads3 ,provided further1 ,that #aj 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 #ij percent of households to be served by a project receiving a loan or grant are in a rural area without sufficient access to broadband1 as defined in the preceding proviso3 ,provided further1 ,that1 to the extent possible1 projects receiving funds provided under this heading in this ,act for the pilot program must build out service to at least #ajj megabits per second downloads and #bj megabits per second uploads3 ,provided further1 ,that1 in administering the pilot program under this heading in this ,act1 the ,secretary of ,agriculture may1 for purposes of determining entities eligible to receive assistance1 consider those communities which are ,areas ,rural in ,character1 as defined in section #cdc7;a77#ac77;,d7 of the ,consolidated ,farm and ,rural ,development ,act3 ,provided further1 ,that not more than #ej1jjj1jjj of the funds made available under this heading in this ,act for the pilot program may be used for the purpose of the preceding proviso3 ,provided further1 ,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 areas3 ,provided further1 ,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 ,tribes1 on substantially underserved ,trust areas1 as defined in #g ,u4,s4,c4 #icf;f7a77#b71 and residents of a rural area that was recognized as a colonia as of ,october #a1 #aihi1 and for projects in which #ge percent of the service area is a persistent poverty county or counties3 ,provided further1 ,that for purposes of the preceding proviso1 the term persistent poverty counties means any county that has had #bj percent or more of its population living in poverty over the past #cj years1 as measured by the #aiij and #bjjj decennial censuses1 and #bjjg-bjaa ,american ,community ,survey #e-f year average1 or any territory or possession of the ,united ,states3 ,provided further1 ,that1 in addition to other funds available for such purpose1 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 loans3 ,provided further1 ,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 communities1 of which #e1jjj1jjj shall have a priority for the establishment and growth of cooperatives to offer broadband1 which shall be transferred to and merged with the appropriation for ,rural ,development1 ,salaries and ,expenses3 ,provided further1 ,that the ,secretary of ,agriculture shall collaborate1 to the extent practicable1 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 program3 ,provided further1 ,that the ,secretary may transfer funds provided under this heading in this ,act between broadband loans1 as authorized by section #fja of the ,rural ,electrification ,act1 and the pilot program to accommodate demand3 ,provided further1 ,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 #cj days in advance of the transfer of such funds or the use of such authority3 ,provided further1 ,that for purposes of the amounts provided under this heading in this ,act for the pilot program1 the ,secretary shall adhere to the notice1 reporting1 and service area assessment requirements set forth in section #gja7;a7-7d7 of the ,rural ,electrification ,act 7#g ,u4,s4,c4 #iej;cc7a7-7d773 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provision--,,this ,,title #aja4 ,in addition to amounts otherwise made available for such purpose1 there is hereby appropriated #aj1jjj1jjj1 to remain available until expended1 to carry out section #gjeja of division ,g of this ,act3 ,provided1 ,that #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb and #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ii ,,commerce1 ,,justice1 ,,science1 ,,and ,,related ,,agencies ,,department ,,of ,,commerce ,national telecommunications and information administration ,broadband equity1 access1 and deployment program 7including transfer of funds7 ,for an additional amount for ,broadband ,equity1 ,access1 and ,deployment ,program1 #db1dej1jjj1jjj1 to remain available until expended1 for grants as authorized under section #fjajb of division ,f of this ,act3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,commerce shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb3 ,provided further1 ,that up to #b percent of the amounts made available under this heading in this ,act in fiscal year #bjbb shall be for salaries and expenses1 administration1 and oversight1 of which #ab1jjj1jjj 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,broadband connectivity fund ,for an additional amount for ,broadband ,connectivity ,fund1 #b1jjj1jjj1jjj1 to remain available until expended1 for grants for the ,tribal ,broadband ,connectivity ,program1 as authorized under section #ije7;c7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by section #fjbja of division ,f this ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,digital equity 7including transfer of funds7 ,for an additional amount for ,digital ,equity1 #b1gej1jjj1jjj1 to remain available until expended1 for competitive grants as authorized under sections #fjcjd and #fjcje of division ,f of this ,act3 ,provided1 ,that of the amount provided under this heading in this ,act-- 7#a7 #eej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 of which #fj1jjj1jjj is for the award of grants under section #fjcjd 7c77#c7 of division ,f of this ,act1 #bdj1jjj1jjj is for the award of grants under section #fjcjd7;d7 of division ,f of this ,act1 and #bej1jjj1jjj is for the award of grants under section #fjcje of division ,f of this ,act2 7#b7 #eej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 of which #cjj1jjj1jjj is for the award of grants under section #fjcjd7;d7 of division ,f of this ,act and #bej1jjj1jjj is for the award of grants under section #fjcje of division ,f of this ,act2 7#c7 #eej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 of which #cjj1jjj1jjj is for the award of grants under section #fjcjd7;d7 of division ,f of this ,act and #bej1jjj1jjj is for the award of grants under section #fjcje of division ,f of this ,act2 7#d7 #eej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 of which #cjj1jjj1jjj is for the award of grants under section #fjcjd7;d7 of division ,f of this ,act and #bej1jjj1jjj is for the award of grants under section #fjcje of division ,f of this ,act2 and 7#e7 #eej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf1 of which #cjj1jjj1jjj is for the award of grants under section #fjcjd7;d7 of division ,f of this ,act and #bej1jjj1jjj is for the award of grants under section #fjcje of division ,f of this ,act3 ,provided further1 ,that the ,secretary shall issue notices of funding opportunity not later than #ahj days after each date upon which funds are made available under the preceding proviso3 ,provided further1 ,that the ,secretary shall make awards not later than #bgj days after issuing the notices of funding opportunity required under the preceding proviso3 ,provided further1 ,that up to #b percent of the amounts made available in each fiscal year shall be for salaries and expenses1 administration1 and oversight1 of which #a1jjj1jjj in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,middle mile deployment 7including transfer of funds7 ,for an additional amount for ,middle ,mile ,deployment1 #a1jjj1jjj1jjj1 to remain available ,september #cj1 #bjbf1 for competitive grants as authorized under section #fjdja of division ,f of this ,act3 ,provided1 ,that the ,secretary of ,commerce shall issue notices of funding opportunity not later than #ahj days after the date of enactment of this ,act3 ,provided further1 ,that the ,secretary of ,commerce shall make awards not later than #bgj days after issuing the notices of funding opportunity required under the preceding proviso3 ,provided further1 ,that up to #b percent of the amounts made available under this heading in this ,act shall be for salaries and expenses1 administration1 and oversight1 during fiscal years #bjbb through #bjbf of which #a1jjj1jjj 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national oceanic and atmospheric administration ,,operations1 ,,research1 ,,and ,,facilities ,for an additional amount for #8#8,operations1 ,research1 and ,facilities''1 #b1faa1jjj1jjj1 to remain available until ,september #cj1 #bjbg3 ,provided1 ,that #eeg1bej1jjj1 to remain available until ,september #cj1 #bjbc1 shall be made available for fiscal year #bjbb1 #eae1ehd1jjj1 to remain available until ,september #cj1 #bjbd1 shall be made available for fiscal year #bjbc1 #eae1ehc1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbd1 #eae1ehc1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbe1 and #ejg1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf1 including for administrative costs1 technical support1 and oversight1 unless stated otherwise-- 7#a7 #dib1jjj1jjj shall be for ,national ,oceans and ,coastal ,security ,fund grants1 as authorized under section #ijf7;c7 of division ,o of ,public ,law #aad-aac2 7#b7 #dia1jjj1jjj shall be for contracts1 grants1 and cooperative agreements to provide funding and technical assistance for purposes of restoring marine1 estuarine1 coastal1 or ,great ,lakes ecosystem habitat1 or constructing or protecting ecological features that protect coastal communities from flooding or coastal storms2 7#c7 #dib1jjj1jjj shall be for coastal and inland flood and inundation mapping and forecasting1 and next-generation water modeling activities1 including modernized precipitation frequency and probable maximum studies2 7#d7 #be1jjj1jjj shall be for data acquisition activities pursuant to section #eaa7;b7 of the ,water ,resources ,development ,act of #bjbj 7division ,,aa of ,public ,law #aaf-bfj71 of which #h1ccd1jjj shall be available in fiscal year #bjbc and #h1ccc1jjj shall be available in each of fiscal years #bjbd and #bjbe2 7#e7 #ej1jjj1jjj shall be for wildfire prediction1 detection1 observation1 modeling1 and forecasting1 for fiscal year #bjbb2 7#f7 #a1jjj1jjj shall be for the study of soil moisture and snowpack monitoring network in the ,upper ,missouri ,river ,basin pursuant to section #eaa7;b77#c7 of the ,water ,resources ,development ,act of #bjbj 7division ,,aa of ,public ,law #aaf-bfj71 in equal amounts for each of fiscal years #bjbb through #bjbe2 7#g7 #aej1jjj1jjj shall be for marine debris assessment1 prevention1 mitigation1 and removal2 7#h7 #ej1jjj1jjj shall be for marine debris prevention and removal through the ,national ,sea ,grant ,college ,program 7#cc ,u4,s4,c4 #aaba et seq472 7#i7 #bjg1jjj1jjj shall be for habitat restoration projects pursuant to section #caj of the ,coastal ,zone ,management ,act 7#af ,u4,s4,c4 #adef;c71 including ecosystem conservation pursuant to section #abejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #adef-a71 notwithstanding subsection 7g7 of that section2 7#aj7 #gg1jjj1jjj shall be for habitat restoration projects through the ,national ,estuarine ,research ,reserve ,system 7#af ,u4,s4,c4 #adef;c71 including ecosystem conservation pursuant to section #abejb of the ,omnibus ,public ,land ,management ,act of #bjji 7#af ,u4,s4,c4 #adef-a72 7#aa7 #ajj1jjj1jjj shall be for supporting improved and enhanced coastal1 ocean1 and ,great ,lakes observing systems2 7#ab7 #ef1jjj1jjj shall be for established ,regional ,ocean ,partnerships 7,r,o,ps7 to coordinate the interstate and intertribal management of ocean and coastal resources and to implement their priority actions1 including to enhance associated sharing and integration of ,federal and non-,federal data by ,r,o,ps1 or their equivalent2 7#ac7 #bj1jjj1jjj shall be for consultations and permitting related to the ,endangered ,species ,act1 the ,marine ,mammal ,protection ,act1 and ,essential ,fish ,habitat2 and 7#ad7 #djj1jjj1jjj shall be for restoring fish passage by removing in-stream barriers and providing technical assistance pursuant to section #aag of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf 7#af ,u4,s4,c4 #ahia;a71 of which up to #ae percent shall be reserved for ,indian ,tribes or partnerships of ,indian ,tribes in conjunction with an institution of higher education1 non-profit1 commercial 7for profit7 organizations1 ,u4,s4 territories1 and state or local governments1 and of which the remaining amount shall be for all eligible entities1 including ,indian ,tribes and such partnerships of ,indian ,tribes3 ,provided further1 ,that under this heading the term ,indian ,tribe shall have the meaning given to the term in section #d of the ,indian ,self-,determination and ,education ,act 7#be ,u4,s4,c4 #ecjd73 ,provided further1 ,that nothing under this heading in this ,act shall be construed as providing any new authority to remove1 breach1 or otherwise alter the operations of a ,federal hydropower dam and dam removal projects shall include written consent of the dam owner1 if ownership is established3 ,provided further1 ,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 ,act3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 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 #bjbb3 ,provided further1 ,that for each of fiscal years #bjbc through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,commerce shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that the ,secretary may waive or reduce the required non-,federal share for amounts made available under this heading in this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,procurement1 ,,acquisition ,,and ,,construction ,for an additional amount for #8#8,procurement1 ,acquisition and ,construction''1 #ahj1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 as follows3 7#a7 #ej1jjj1jjj shall be for observation and dissemination infrastructure used for wildfire prediction1 detection1 and forecasting2 7#b7 #hj1jjj1jjj shall be for research supercomputing infrastructure used for weather and climate model development to improve drought1 flood1 and wildfire prediction1 detection1 and forecasting2 and 7#c7 #ej1jjj1jjj shall be for coastal1 ocean1 and ,great ,lakes observing systems3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 the ,national ,oceanic and ,atmospheric ,administration shall submit to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate a detailed spend plan3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,pacific ,,coastal ,,salmon ,,recovery ,for an additional amount for #8#8,pacific ,coastal ,salmon ,recovery''1 #agb1jjj1jjj1 to remain available until ,september #cj1 #bjbg3 ,provided1 ,that #cd1djj1jjj1 to remain available until ,september #cj1 #bjbc1 shall be made available for fiscal year #bjbb1 #cd1djj1jjj1 to remain available until ,september #cj1 #bjbd1 shall be made available for fiscal year #bjbc1 #cd1djj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbd1 #cd1djj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbe1 and #cd1djj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbf3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 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 #bjbb3 ,provided further1 ,that for each of fiscal years #bjbc through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,commerce shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that the ,secretary may waive or reduce the required non-,federal share for amounts made available under this heading in this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iii ,,energy ,,and ,,water ,,development ,,and ,,related ,,agencies ,department of the army ,corps of engineers--civil investigations ,for an additional amount for ,investigations1 #aej1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #cj1jjj1jjj shall be used by the ,secretary of the ,army1 acting through the ,chief of ,engineers1 to undertake work authorized to be carried out in accordance with section #bb of the ,water ,resources ,development ,act of #aigd 7,public ,law #ic-bea2 #db ,u4,s4,c4 #aifb;d-#af71 as amended3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #de1jjj1jjj shall be used by the ,secretary of the ,army1 acting through the ,chief of ,engineers1 to undertake work authorized to be carried out in accordance with section #bjf of the #aifj ,flood ,control ,act 7,public ,law #hf-fde71 as amended3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ge1jjj1jjj shall be used for necessary expenses related to the completion1 or initiation and completion1 of studies which are authorized prior to the date of enactment of this ,act1 of which #cj1jjj1jjj1 to become available on ,october #a1 #bjbb1 shall be used by the ,secretary of the ,army1 acting through the ,chief of ,engineers1 to complete1 or to initiate and complete1 studies carried out in accordance with section #aah of division ,,aa of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 except that the limitation on the number of studies authorized to be carried out under section #aah7;b7 and section #aah7;c7 shall not apply3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 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 #bjbb in the preceding proviso1 including a list of project locations and new studies selected to be initiated3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 the ,chief of ,engineers shall provide a briefing to the ,house and ,senate ,committees on ,appropriations on an implementation plan1 including a schedule for solicitation of projects and expenditure of funds1 for the funding provided for fiscal year #bjbc to undertake work authorized to be carried out in accordance with section #aah of division ,,aa of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj73 ,provided further1 ,that for fiscal year #bjbc1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,chief of ,engineers shall submit a detailed spend plan for that fiscal year1 including a list of project locations for the funding provided to undertake work authorized to be carried out in accordance with section #aah of division ,,aa of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj73 ,provided further1 ,that beginning not later than #abj days after the enactment of this ,act1 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 ,act1 including new studies selected to be initiated using funds provided under this heading3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 construction ,for an additional amount for 8,construction01 #aa1fae1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,secretary may initiate additional new construction starts with funds provided under this heading in this ,act3 ,provided further1 ,that the limitation concerning total project costs in section #ijb of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #cc ,u4,s4,c4 #bbhj71 as amended1 shall not apply to any project completed using funds provided under this heading in this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 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 ,treasury3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #a1ejj1jjj1jjj shall be for major rehabilitation1 construction1 and related activities for rivers and harbors1 of which not more than #bej1jjj1jjj shall be to undertake work at harbors defined by section #bjjf of the ,water ,resources ,development ,act of #bjjg 7,public ,law #aaj-aad1 #cc ,u4,s4,c4 #bbdb71 as amended1 and not more than #bej1jjj1jjj may be for projects determined to require repair in the report prepared pursuant to section #aajd of the ,water ,infrastructure ,improvements for the ,nation ,act 7,public ,law #aad-cbb73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bjj1jjj1jjj shall be for water-related environmental infrastructure assistance3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1ejj1jjj1jjj shall be for construction1 replacement1 rehabilitation1 and expansion of inland waterways projects3 ,provided further1 ,that section #ajb7;a7 of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #cc ,u4,s4,c4 #bbab7;a77 and section #aji of the ,water ,resources ,development ,act of #bjbj 7,public ,law #aaf-bfj2 #acd ,stat4 #bfbd7 shall not apply to the extent that such projects are carried out using funds provided in the preceding proviso3 ,provided further1 ,that in using such funds referred to in the preceding proviso1 the ,secretary shall give priority to projects included in the ,capital ,investment ,strategy of the ,corps of ,engineers3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dfe1jjj1jjj shall be used by the ,secretary of the ,army1 acting through the ,chief of ,engineers1 to undertake work authorized to be carried out in accordance with section #ad1 as amended1 of the ,flood ,control ,act of #aidf 7#cc ,u4,s4,c4 #gjar71 section #ajc1 as amended1 of the ,river and ,harbor ,act of #aifb 7,public ,law #hg-hgd71 section #ajg1 as amended1 of the ,river and ,harbor ,act #aifj 7,public ,law #hf-fde71 section #bjd of the ,water ,resources ,development ,act of #aiib 7#cc ,u4,s4,c4 #bcbf71 section #bje of the ,flood ,control ,act of #aidh 7#cc ,u4,s4,c4 #gjas71 section #bjf of the ,water ,resources ,development ,act of #aiif 7,public ,law #ajd-cjc2 #cc ,u4,s4,c4 #bccj71 section #aace of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #cc ,u4,s4,c4 #bcji;a71 or section #afe7;a7 of division ,,aa of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 notwithstanding the project number or program cost limitations set forth in those sections3 ,provided further1 ,that of the amounts in the preceding proviso1 #aae1jjj1jjj1 shall be used under the aquatic ecosystem restoration program under section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj7 to restore fish and wildlife passage by removing in-stream barriers and provide technical assistance to non-,federal interests carrying out such activities1 at full ,federal expense and notwithstanding the individual project cost limitation set forth in that section3 ,provided further1 ,that the amounts provided in the preceding proviso shall not be construed to provide any new authority to remove1 breach1 or otherwise alter the operations of a ,federal hydropower dam1 and do not limit the ,secretary of the ,army1 acting through the ,chief of ,engineers1 from allotting additional funds from amounts provided under this heading in this ,act for other purposes allowed under section #bjf of the ,water ,resources ,development ,act of #aiif 7#cc ,u4,s4,c4 #bccj73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #a1ijj1jjj1jjj shall be for aquatic ecosystem restoration projects1 of which not less than #a1jjj1jjj1jjj shall be for multi-purpose projects or multi-purpose programs that include aquatic ecosystem restoration as a purpose3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1eej1jjj1jjj shall be for coastal storm risk management1 hurricane and storm damage reduction projects1 and related activities targeting ,states that have been impacted by federally declared disasters over the last six years1 which may include projects authorized by section #aaf of ,public ,law #aaa-he1 of which not less than #a1jjj1jjj1jjj shall be for multi-purpose projects or multi-purpose programs that include flood risk management benefits as a purpose3 ,provided further1 ,that of the amount provided in the preceding proviso1 #bjj1jjj1jjj shall be for shore protection projects3 ,provided further1 ,that of the funds in the preceding proviso1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 and #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1ejj1jjj1jjj shall be for inland flood risk management projects1 of which not less than #gej1jjj1jjj shall be for multi-purpose projects or multi-purpose programs that include flood risk management as a purpose3 ,provided further1 ,that in selecting projects under the previous proviso1 the ,secretary of the ,army shall prioritize projects with overriding life-safety benefits3 ,provided further1 ,that of the funds in the proviso preceding the preceding proviso1 the ,secretary of the ,army shall1 to the maximum extent practicable1 prioritize projects in the work plan that directly benefit economically disadvantaged communities1 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 ,states1 based on data from the ,bureau of the ,census3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 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 year1 including a list of project locations and new construction projects selected to be initiated3 ,provided further1 ,that beginning not later than #abj days after the enactment of this ,act1 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 funds1 including new construction projects selected to be initiated using funds provided under this heading in this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,mississippi river and tributaries ,for an additional amount for 8,mississippi ,river and ,tributaries01 #hjh1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #beh1jjj1jjj1 which shall be obligated within #ij days of enactment of this ,act1 shall be used for necessary expenses to address emergency situations at ,corps of ,engineers ,federal projects caused by natural disasters3 ,provided further1 ,that the ,secretary may initiate additional new construction starts with funds provided under this heading in this ,act3 ,provided further1 ,that the limitation concerning total project costs in section #ijb of the ,water ,resources ,development ,act of #aihf 7,public ,law #ii-ffb2 #cc ,u4,s4,c4 #bbhj71 as amended1 shall not apply to any project receiving funds provided under this heading in this ,act3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 the ,chief of ,engineers shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb1 including a list of project locations and construction projects selected to be initiated3 ,provided further1 ,that of the amount provided under this heading in this ,act1 such sums as are necessary to cover the ,federal share of eligible operation and maintenance costs for inland harbors shall be derived from the general fund of the ,treasury3 ,provided further1 ,that beginning not later than #abj days after the enactment of this ,act1 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 funds1 including construction projects selected to be initiated using funds provided under this heading in this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,operation and maintenance 7including transfer of funds7 ,for an additional amount for 8,operations and ,maintenance01 #d1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #b1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal year #bjbb1 #fbf1jjj1jjj1 which shall be obligated within #ij days of enactment of this ,act1 shall be used for necessary expenses to dredge ,federal navigation projects in response to1 and repair damages to ,corps of ,engineers ,federal projects caused by1 natural disasters3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dj1jjj1jjj shall be to carry out ,soil ,moisture and ,snowpack ,monitoring activities1 as authorized in section #djjc7;a7 of the ,water ,resources ,reform and ,development ,act of #bjad1 as amended3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 the ,chief of ,engineers shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb1 including a list of project locations1 other than for the amount for natural disasters identified in the second proviso3 ,provided further1 ,that for fiscal years #bjbc and #bjbd1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,chief of ,engineers shall submit a detailed spend plan for that fiscal year1 including a list of project locations3 ,provided further1 ,that of the amount provided under this heading in this ,act1 such sums as are necessary to cover the ,federal share of eligible operation and maintenance costs for coastal harbors and channels1 and for inland harbors shall be derived from the general fund of the ,treasury3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act for any fiscal year may be transferred to 8,regulatory ,program0 or 8,expenses0 to carry out activities funded by those accounts3 ,provided further1 ,that the ,committees on ,appropriations of the ,senate and the ,house of ,representatives shall be notified at least #cj days in advance of any transfer made pursuant to the preceding proviso3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,regulatory program ,for an additional amount for 8,regulatory ,program01 #afj1jjj1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,flood control and coastal emergencies ,for an additional amount for 8,flood ,control and ,coastal ,emergencies01 #bea1jjj1jjj1 to remain available until expended3 ,provided1 ,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 expense3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 expenses ,for an additional amount for 8,expenses01 #dj1jjj1jjj1 to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 water infrastructure finance and innovation program account ,for an additional amount for ,water ,infrastructure ,finance and ,innovation ,program ,account1 #ge1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amounts provided under this heading in this ,act1 #fd1jjj1jjj shall be for the cost of direct loans and for the cost of guaranteed loans1 for safety projects to maintain1 upgrade1 and repair dams identified in the ,national ,inventory of ,dams with a primary owner type of state1 local government1 public utility1 or private3 ,provided further1 ,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 ,government3 ,provided further1 ,that of the amounts provided under this heading in this ,act #aa1jjj1jjj shall be for administrative expenses to carry out the direct and guaranteed loan programs1 notwithstanding section #ejcc of the ,water ,infrastructure ,finance and ,innovation ,act of #bjad3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general provisions--,corps of ,engineers #cjj4 ,for projects that are carried out with funds under this heading1 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 communities4 ,,department ,,of ,,the ,,interior ,central utah project ,,central ,,utah ,,project ,,completion ,,account ,for an additional amount for ,central ,utah ,project ,completion ,account1 #ej1jjj1jjj1 to remain available until expended1 of which #aj1jjj1jjj shall be deposited into the ,utah ,reclamation ,mitigation and ,conservation ,account for use by the ,utah ,reclamation ,mitigation and ,conservation ,commission3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,bureau of ,reclamation ,,water ,,and ,,related ,,resources 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,water and ,related ,resources1 #h1cjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #a1ffj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1ffj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1ffj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1ffj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 #a1ffj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #a1aej1jjj1jjj shall be for water storage1 groundwater storage1 and conveyance projects in accordance with section #djijb of division ,d of this ,act3 ,provided further1 ,that of the funds identified in the preceding proviso1 #ajj1jjj1jjj shall be available for small surface water and ground water storage projects authorized in section #djijc of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #c1bjj1jjj1jjj shall be available for transfer into the ,aging ,infrastructure ,account established by section #ifjc7;d77#a7 of the ,omnibus ,public ,land ,management ,act of #bjji1 as amended 7#dc ,u4,s4,c4 #eaj;b7d77#a773 ,provided further1 ,that of the funds identified in the preceding proviso1 #ajj1jjj1jjj shall be made available for reserved or transferred works that have suffered a critical failure1 in accordance with section #djijd7;a7 of division ,d of this ,act1 and #ajj1jjj1jjj shall be made available for dam rehabilitation1 reconstruction1 or replacement in accordance with section #djijd7;b7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #a1jjj1jjj1jjj shall be for rural water projects that have been authorized by an ,act of ,congress before ,july #a1 #bjba1 in accordance with the ,reclamation ,rural ,water ,supply ,act of #bjjf 7#dc ,u4,s4,c4 #bdja et seq473 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #a1jjj1jjj1jjj shall be for water recycling and reuse projects3 ,provided further1 ,that of the funds identified in the preceding proviso1 #eej1jjj1jjj shall be for water recycling and reuse projects authorized in accordance with the ,reclamation ,wastewater and ,groundwater ,study and ,facilities ,act 7#db ,u4,s4,c4 #cij;h et seq471 as described in section #djija7d77;,a7 of division ,d of this ,act1 and #dej1jjj1jjj shall be for large-scale water recycling and reuse projects in accordance with section #djije of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #bej1jjj1jjj shall be for water desalination projects in accordance with the ,water ,desalinization ,act of #aiif 7#db ,u4,s4,c4 #ajcja note2 ,public ,law #ajd-bih71 as described in section #djija7e7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #ejj1jjj1jjj shall be for the safety of dams program1 in accordance with the ,reclamation ,safety of ,dams ,act of #aigh 7#dc ,u4,s4,c4 #ejf et seq473 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #djj1jjj1jjj shall be for ,water,s,m,a,r,t ,grants in accordance with section #iejd of the ,omnibus ,public ,land ,management ,act of #bjji 7#db ,u4,s4,c4 #ajcfd73 ,provided further1 ,that of the funds identified in the preceding proviso1 #ajj1jjj1jjj shall be for projects that would improve the condition of a natural feature or nature-based feature1 as described in section #djija7g7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #cjj1jjj1jjj shall be for implementing the drought contingency plan consistent with the obligations of the ,secretary under the ,colorado ,river ,drought ,contingency ,plan ,authorization ,act 7,public ,law #aaf-ad2 #acc ,stat4 #hej71 as described in section #djija7h7 of division ,d of this ,act3 ,provided further1 ,that of the funds identified in the preceding proviso1 #ej1jjj1jjj shall be for use in accordance with the ,drought ,contingency ,plan for the ,upper ,colorado ,river ,basin3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #ajj1jjj1jjj 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 #bjji 7#af ,u4,s4,c4 #ajae et seq473 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #bej1jjj1jjj shall be for design1 study and construction of aquatic ecosystem restoration and protection projects in accordance with section #aaji of the ,consolidated ,appropriations ,act1 #bjba3 ,provided further1 ,that of the amount provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #ajj1jjj1jjj shall be for multi-benefit projects to improve watershed health in accordance with section #djijg of division ,d of this ,act3 ,provided further1 ,that of the amounts provided under this heading in this ,act for fiscal years #bjbb through #bjbf1 #ej1jjj1jjj shall be for endangered species recovery and conservation programs in the ,colorado ,river ,basin in accordance with ,public ,law #ajf-cib1 title ,,xviii of ,public ,law #ajb-ege1 and subtitle ,e of title ,,ix of ,public ,law #aaa-aa3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program administration and policy expenses3 ,provided further1 ,that not later than #fj days after the date of enactment of this ,act1 the ,secretary of the ,interior shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations of the preceding proviso1 to be funded for fiscal year #bjbb3 ,provided further1 ,that beginning not later than #abj days after the enactment of this ,act1 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 ,act3 ,provided further1 ,that for fiscal years #bjbc through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of the ,interior shall submit a detailed spend plan for those fiscal years1 including a list of project locations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,department ,,of ,,energy ,energy programs ,energy ,efficiency and ,renewable ,energy ,for an additional amount for 8,energy ,efficiency and ,renewable ,energy01 #af1bfd1jjj1jjj to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #bej1jjj1jjj shall be for activities for the ,energy ,efficiency ,revolving ,loan ,fund ,capitalization ,grant ,program1 as authorized under section #djejb of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dj1jjj1jjj shall be for grants for the ,energy ,auditor ,training ,grant ,program1 as authorized under section #djejc of division ,d of this ,act3 ,provided further1 ,that of the amount provided under the heading in this ,act1 #bbe1jjj1jjj shall be for grants for implementing of updated building energy codes1 as authorized under section #cji of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhca et seq471 as amended by section #djeaa7;a7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #de1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #de1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #de1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #de1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #de1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aj1jjj1jjj shall be for ,building1 ,training1 and ,assessment ,centers1 as authorized under section #djeab of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aj1jjj1jjj shall be for grants for ,career ,skills ,training1 as authorized under section #djeac of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aej1jjj1jjj shall be for activities for ,industrial ,research and ,assessment ,centers1 as authorized under subsections 7a7 through 7h7 of section #deg of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq471 as amended by section #djeba7;b7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #cj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #cj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #djj1jjj1jjj shall be for activities for ,implementation ,grants for ,industrial ,research and ,assessment ,centers1 as authorized under section #deg7;i7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaaa et seq471 as amended by section #djeba7;b7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding two provisos1 #hj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #hj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #hj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #hj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #hj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ej1jjj1jjj shall be for carrying out activities for ,manufacturing ,leadership1 as authorized under section #djecd of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ejj1jjj1jjj shall be for grants for ,energy ,efficiency ,improvements and ,renewable ,energy ,improvements at ,public ,school ,facilities1 as authorized under section #djeda of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ej1jjj1jjj shall be for grants for the ,energy ,efficiency ,materials ,pilot ,program1 as authorized under section #djedb of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #c1ejj1jjj1jjj shall be for carrying out activities for the ,weatherization ,assistance ,program1 as authorized under part ,a of title ,,iv of the ,energy ,conservation and ,production ,act 7#db ,u4,s4,c4 #fhfa et seq473 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #eej1jjj1jjj shall be for carrying out activities for the ,energy ,efficiency and ,conservation ,block ,grant ,program1 as authorized under section #edb7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaeb7;a773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bej1jjj1jjj shall be for grants for the ,assisting ,federal ,facilities with ,energy ,conservation ,technologies ,grant ,program1 as authorized under section #edf7;b7 of the ,national ,energy ,conservation ,policy ,act 7#db ,u4,s4,c4 #hbef7;b773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aj1jjj1jjj shall be for extended product system rebates1 as authorized under section #ajje of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcaa note2 ,public ,law #aaf-bfj73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aj1jjj1jjj shall be for energy efficient transformer rebates1 as authorized under section #ajjf of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #fcag note2 ,public ,law #aaf-bfj73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #c1jjj1jjj1jjj1 to remain available until expended1 shall be for ,battery ,material ,processing ,grants1 as authorized under section #djbjg7;b7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #c1jjj1jjj1jjj shall be for ,battery ,manufacturing and ,recycling ,grants1 as authorized under section #djbjg7;c7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #abe1jjj1jjj shall be to carry out activities1 as authorized under section #djbjg7;f7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #aj1jjj1jjj shall be for a ,lithium-,ion ,battery ,recycling ,prize ,competition1 as authorized under section #djbjg7;e7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bjj1jjj1jjj shall be for grants for the ,electric ,drive ,vehicle ,battery ,recycling and ,second-,life ,applications ,program1 as authorized under subsection 7k7 of section #fda of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbca71 as amended by section #djbjh7a7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #gej1jjj1jjj shall be for grants for the ,advanced ,energy ,manufacturing and ,recycling ,grant ,program1 as authorized under section #djbji of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ejj1jjj1jjj shall be for activities for the ,clean ,hydrogen ,manufacturing ,recycling ,research1 ,development1 and ,demonstration ,program1 as authorized under section #hae of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq471 as amended by section #djcad of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under the heading in this ,act1 #a1jjj1jjj1jjj shall be for activities for the ,clean ,hydrogen ,electrolysis ,program1 as authorized under section #haf of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq471 as amended by section #djcad of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ejj1jjj1jjj shall be for carrying out activities for the ,state ,energy ,program1 as authorized under part ,d of title ,,iii of the ,energy ,policy and ,conservation ,act 7#db ,u4,s4,c4 #fcba et seq471 as amended by section #djaji of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #abe1jjj1jjj shall be for carrying out activities under section #bdb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehha71 as amended by section #djcca of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ge1jjj1jjj shall be for carrying out activities under section #bdc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aehhb71 as amended by section #djccb of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #eec1fjj1jjj shall be for activities for ,hydroelectric ,incentives1 as authorized under section #bdg of the ,energy ,policy ,act of #bjje 7,public ,law #aji-eh2 #aai ,stat4 #fgd71 as amended by section #djccc7;a7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #bgf1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bgf1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc3 ,provided further1 ,that of the amount provided under the heading in this ,act1 #aj1jjj1jjj shall be for activities for the ,pumped ,storage ,hydropower ,wind and ,solar ,integration and ,system ,reliability ,initiative1 as authorized under section #cbja of the ,energy ,policy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb71 as amended by section #djccd of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #cf1jjj1jjj shall be for carrying out activities1 as authorized under section #fcd of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbac73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #gj1djj1jjj shall be for carrying out activities1 as authorized under section #fce of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4#agbad73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dj1jjj1jjj shall be for carrying out activities for the ,national ,marine ,energy ,centers1 as authorized under section #fcf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agbae73 ,provided further1 ,that of the amount provided under this heading in this ,act1 #hd1jjj1jjj shall be for carrying out activities under section #fae7;d7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaid7;d773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #fj1jjj1jjj shall be for carrying out activities for the ,wind ,energy ,technology ,program1 as authorized under section #cjjc7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#b773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dj1jjj1jjj shall be for carrying out activities for the ,wind ,energy ,technology ,recycling ,research1 ,development1 and ,demonstration ,program1 as authorized under section #cjjc7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbcg7;b77#d773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #dj1jjj1jjj shall be for carrying out activities under section #cjjd7;b77#b7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#b773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bj1jjj1jjj shall be for carrying out activities under section #cjjd7;b77#c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#c773 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bj1jjj1jjj shall be for carrying out activities under section #cjjd7;b77#d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #afbch7;b77#d773 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 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 #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,cybersecurity1 ,energy ,security1 and ,emergency ,response ,for an additional amount for ,cybersecurity1 ,energy ,security1 and ,emergency ,response1 #eej1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #bej1jjj1jjj shall be to carry out activities under the ,cybersecurity for the ,energy ,sector ,research1 ,development1 and ,demonstration ,program1 as authorized in section #djabe7;b7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ej1jjj1jjj shall be to carry out activities under the ,energy ,sector ,operational ,support for ,cyberresilience ,program1 as authorized in section #djabe7;c7 of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #bej1jjj1jjj1 to carry out activities under the ,rural and ,municipal ,utility ,advanced ,cybersecurity ,grant and ,technical ,assistance ,program1 as authorized in section #djabd of division ,d of this ,act3 ,provided further1 ,that #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 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 #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,electricity ,for an additional amount for ,electricity1 #h1ajj1jjj1jjj1 to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #e1jjj1jjj1jjj shall be for grants under section #djaja of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ej1jjj1jjj shall be to carry out the ,transmission ,facilitation ,program1 including for any administrative expenses of carrying out the program1 as authorized in section #djajf7;d77#c7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #aj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #aj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #aj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #aj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #aj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #c1jjj1jjj1jjj1 to remain available until expended1 shall be to carry out activities under the ,smart ,grid ,investment ,matching ,grant ,program1 as authorized in section #acjf of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agchf71 as amended by section #djajg of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ej1jjj1jjj shall be to carry out an advanced energy security program to secure energy networks1 as authorized under section #djabe7;d7 of division ,d of this ,act3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 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 #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,nuclear ,energy ,for an additional amount for ,nuclear ,energy1 #f1jjj1jjj1jjj1 to remain available until expended1 to carry out activities under the ,civil ,nuclear ,credit ,program1 as authorized in section #djcbc of division ,d of this ,act3 ,provided1 ,that #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to #cf1jjj1jjj of the amount provided under this heading in this ,act shall be made available in each of fiscal years #bjbb through #bjbf for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,fossil ,energy and ,carbon ,management ,for an additional amount for ,fossil ,energy and ,carbon ,management1 #g1dig1adj1gha1 to remain available until expended3 ,provided1 ,that of the amount provided under this heading in this ,act1 #caj1adj1gha shall be to carry out activities under the ,carbon ,utilization ,program1 as authorized in section #ifi;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;a71 as amended by section #djcjb of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #da1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fe1bej1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ff1efb1ejj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fg1idj1fbe1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #fi1chg1fef1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #ajj1jjj1jjj shall be used to carry out the front-end engineering and design program out activities under the ,carbon ,capture ,technology ,program1 as authorized in section #ifb of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib71 as amended by section #djcjc of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1ejj1jjj1jjj shall be to carry out activities for the ,carbon ,storage ,validation and ,testing1 as authorized section #ifc of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbic71 as amended by section #djcje of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #c1ejj1jjj1jjj shall be to carry out a program to develop four regional clean direct air capture hubs1 as authorized under section #ifi;,d of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d71 as amended by section #djcjh of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #ae1jjj1jjj shall be for precommercial direct air capture technology prize competitions1 as authorized under section #ifi;,d7e77#b77;,a7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,a773 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #ajj1jjj1jjj shall be for commercial direct air capture technology prize competitions1 as authorized under section #ifi;,d7e77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbih;d7e77#b77;,b773 ,provided further1 ,that for amounts identified in the preceding proviso1 the ,secretary shall enter pre-construction commitments with selected projects for future awards for qualified carbon dioxide capture3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #adj1jjj1jjj shall be for a ,rare ,earth ,elements ,demonstration ,facility1 as authorized under section #gjja of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd71 as amended by section #djbje of division ,d of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #abg1jjj1jjj shall be to carry out rare earth mineral security activities1 as authorized under section #gjja7;a7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #accdd7;a773 ,provided further1 ,that of the funds in the preceding proviso1 #bc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bd1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #be1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bf1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bg1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #fjj1jjj1jjj shall be to carry out critical material innovation1 efficiency1 and alternatives activities under section #gjjb7;g7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;g773 ,provided further1 ,that of the funds in the preceding proviso1 #bcj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ace1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ace1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #ge1jjj1jjj shall be for the ,critical ,material ,supply ,chain ,research ,facility1 as authorized under section #gjjb7;h7 of the ,energy ,act of #bjbj 7#cj ,u4,s4,c4 #afjf7;h773 ,provided further1 ,that of the funds in the preceding proviso1 #dj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 and #ce1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #cj1jjj1jjj shall be to carry out activities authorized in section #cdi7;b77#b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4#aeijg7;b77#b771 as amended by section #djfja of division ,d of this ,act3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,carbon ,dioxide ,transportation ,infrastructure ,finance and ,innovation ,program ,account ,for an additional amount for ,carbon ,dioxide ,transportation ,infrastructure ,finance and ,innovation ,program ,account1 #b1ajj1jjj1jjj1 to remain available until expended1 to carry out activities for the ,carbon ,dioxide ,transportation ,infrastructure ,finance and ,innovation ,program1 as authorized by subtitle ,j of title ,,ix of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaha et seq471 as amended by section #djcjd7;a7 of division ,d of this ,act3 ,provided1 ,that such costs1 including the cost of modifying such loans1 shall be as defined in section #ejb of the ,congressional ,budget ,act of #aigd3 ,provided further1 ,that #c1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb and #b1jig1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc3 ,provided further1 ,that the amount made available under this heading in this ,act for fiscal year #bjbb shall be for administrative expenses to carry out the loan program3 ,provided further1 ,that the ,office of ,fossil ,energy and ,carbon ,management shall oversee the ,carbon ,dioxide ,transportation ,infrastructure ,finance and ,innovation program1 in consultation and coordination with the ,department of ,energy's ,loan ,program ,office3 ,provided further1 ,that not later than #bgj days after the date of enactment of this ,act1 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 program1 including a crosswalk from the statutory requirements for such program1 and a timetable for publishing such regulations3 ,provided further1 ,that for each fiscal year through #bjbg1 the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 #aiij1 such as credit subsidy rates1 a loan limitation1 and necessary administrative expenses to carry out the loan program3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of ,clean ,energy ,demonstrations ,for an additional amount for ,office of ,clean ,energy ,demonstrations1 #ba1def1jjj1jjj1 to remain available until expended3 ,provided1 ,that the ,office of ,clean ,energy ,demonstrations1 as authorized by section #dabja of division ,d of this ,act1 shall conduct administrative and project management responsibilities for the demonstration projects provided for under this heading in this ,act3 ,provided further1 ,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 duplication3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #cee1jjj1jjj shall be to carry out the ,energy ,storage ,demonstration ,pilot ,grant ,program1 as authorized under section #cbja7;c7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;c773 ,provided further1 ,that of the funds in the preceding proviso1 #hh1gej1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #hh1gej1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #hh1gej1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #hh1gej1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #aej1jjj1jjj to carry out the ,long-duration ,demonstration ,initiative and ,joint ,program1 as authorized under section #cbja7;d7 of the ,energy ,act of #bjbj 7#db ,u4,s4,c4 #agbcb7;d773 ,provided further1 ,that of the funds in the preceding proviso1 #cg1ejj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cg1ejj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cg1ejj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cg1ejj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #b1dgg1jjj1jjj shall be to carry out the ,advanced ,reactor ,demonstration ,program1 as authorized under section #iei;,a of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbgi;a73 ,provided further1 ,that of the funds in the preceding proviso1 #fgg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that funds in the preceding proviso shall be for projects selected prior to the date of enactment of this ,act3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #icg1jjj1jjj shall be to carry out the ,carbon ,capture ,large-scale ,pilot ,projects1 as authorized under section #ifb7;b77#b77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,b773 ,provided further1 ,that of the funds in the preceding proviso1 #chg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #b1ecg1jjj1jjj shall be for the ,carbon ,capture ,demonstration ,projects ,program1 as authorized under section #ifb7;b77#b77;,c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afbib7;b77#b77;,c773 ,provided further1 ,that of the funds in the preceding proviso1 #icg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ejj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #ejj1jjj1jjj shall be to carry out ,industrial ,emission ,demonstration ,projects1 as authorized under section #ded7;d77#c7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agaac7;d77#c773 ,provided further1 ,that of the funds in the preceding proviso1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #aej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that of the amount provided under this heading in this ,act and in addition to amounts otherwise made available for this purpose1 #ejj1jjj1jjj shall be to carry out the ,clean ,energy ,demonstration ,program on ,current and ,former ,mine ,land1 as authorized under section #djcdb of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #h1jjj1jjj1jjj shall be made for ,regional ,clean ,hydrogen ,hubs1 as authorized under section #hac of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afaea et seq471 as amended by section #djcad of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #e1jjj1jjj1jjj shall be for grants for the ,program ,upgrading ,our ,electric ,grid and ,ensuring ,reliability and ,resiliency1 as authorized under section #djajc7;b7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amount provided under this heading in this ,act1 #a1jjj1jjj1jjj shall be to carry out activities for energy improvement in rural and remote areas1 as authorized under section #djajc7;c7 of division ,d of this ,act3 ,provided further1 ,that of the funds in the preceding proviso1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,energy shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,energy shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that up to three percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for program direction3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,power ,,marketing ,,administrations ,construction1 rehabilitation1 operation and maintenance1 western area power administration 7including transfer of funds7 ,for an additional amount for ,construction1 ,rehabilitation1 ,operation and ,maintenance1 ,western ,area ,power ,administration1 #ejj1jjj1jjj1 to remain available until expended1 for the purchase of power and transmission services3 ,provided1 ,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 #aidd and the ,reclamation ,project ,act of #aici to recover purchase power and wheeling expenses3 ,provided further1 ,that such amounts as the ,administrator1 ,western ,area ,power ,administration1 deems necessary for the same purposes as outlined above may be transferred to ,western ,area ,power ,administration's ,colorado ,river ,basins ,power ,marketing ,fund account3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provisions--,,department ,,of ,,energy 7including transfer of funds7 #cja4 ,notwithstanding section #ccjd of title #e1 ,united ,states ,code1 and without regard to the provisions of sections #ccji through #ccah of such title #e1 the ,secretary of ,energy1 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 title1 may1 from within the funds provided to the ,department of ,energy under this title1 recruit and directly appoint highly qualified individuals into the competitive service3 ,provided1 ,that such authority shall not apply to positions in the ,excepted ,service or the ,senior ,executive ,service3 ,provided further1 ,that any action authorized herein shall be consistent with the merit principles of section #bcja of such title #e1 and the ,department shall comply with the public notice requirements of section #ccbg of such title #e3 ,provided further1 ,that the authority under this section shall terminate on ,september #cj1 #bjbg3 ,provided further1 ,that #ahj days after the date of enactment of this ,act1 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 section4 #cjb4 ,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 ,act4 #cjc4 ,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 #bjbb through #bjbf 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 ,act4 ,independent ,agencies ,appalachian ,regional ,commission ,for an additional amount for ,appalachian ,regional ,commission1 #a1jjj1jjj1jjj1 to remain available until expended1 notwithstanding #dj ,u4,s4,c4 #adgjd3 ,provided1 ,that of the funds in the preceding proviso1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,delta regional authority ,for an additional amount for ,delta ,regional ,authority1 #aej1jjj1jjj to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,denali commission ,for an additional amount for ,denali ,commission1 #ge1jjj1jjj to remain available until expended3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,northern border regional commission ,for an additional amount for ,northern ,border ,regional ,commission1 #aej1jjj1jjj to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,southeast crescent regional commission ,for an additional amount for ,southeast ,crescent ,regional ,commission1 #e1jjj1jjj to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,southwest border regional commission ,for an additional amount for ,southwest ,border ,regional ,commission1 #a1bej1jjj to remain available until expended3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,iv ,,financial ,,services ,,and ,,general ,,government ,,executive ,,office ,,of ,,the ,,president ,,and ,,funds ,,appropriated ,,to ,,the ,,president ,office of the ,national ,cyber ,director ,salaries and expenses ,for an additional amount for ,office of the ,national ,cyber ,director1 #ba1jjj1jjj1 to remain available until ,september #cj1 #bjbb1 to carry out the purposes of section #ageb of the ,national ,defense ,authorization ,act for ,fiscal ,year #bjba 7,public ,law #aaf-bhc73 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,communications ,commission ,,affordable ,,connectivity ,,fund ,for an additional amount for the ,affordable ,connectivity ,fund1 #ad1bjj1jjj1jjj1 to remain available until expended1 for the ,affordable ,connectivity ,program1 as authorized under section #ijd7;b77#a7 of division ,n of the ,consolidated ,appropriations ,act1 #bjba 7,public ,law #aaf-bfj71 as amended by section #fjejb of division ,f of this ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,federal ,,permitting ,,improvement ,,steering ,,council ,,environmental ,,review ,,improvement ,,fund ,for an additional amount for the ,environmental ,review ,improvement ,fund1 #c1jjj1jjj to remain available until ,september #cj1 #bjbf3 ,provided1 ,that #fej1jjj1 to remain available until ,september #cj1 #bjbb1 shall be made available for fiscal year #bjbb1 #fej1jjj1 to remain available until ,september #cj1 #bjbc1 shall be made available for fiscal year #bjbc1 #fej1jjj1 to remain available until ,september #cj1 #bjbd1 shall be made available for fiscal year #bjbd1 #fej1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbe1 and #djj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general services administration ,,real ,,property ,,activities ,,federal ,,buildings ,,fund 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount to be deposited in the ,federal ,buildings ,fund1 #c1dah1jjh1jjj1 to remain available until expended1 for construction and acquisition1 and repairs and alterations of border stations and land ports of entry1 of which no more than #bej1jjj1jjj shall be for ,program ,contingency and ,operational ,support for necessary expenses for projects funded under this heading1 including1 moving governmental agencies 7including space alterations and adjustments1 and telecommunications relocation expenses7 in connection with the assignment1 allocation and transfer of space1 leasing of temporary space1 and building operations1 of which-- 7#a7 #b1ebg1hjh1jjj shall be for projects on the ,u4,s4 ,customs and ,border ,protection five-year plan2 7#b7 #dcj1bjj1jjj shall be for projects with completed ,u4,s4 ,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 #bh1 #bjba2 and 7#c7 #baj1jjj1jjj shall be for land ports of entry 7,,lpoe7 infrastructure paving2 acquisition of leased ,l,p,o,es2 and additional ,federal ,motor ,carrier ,safety ,administration requirements at the ,southern ,border3 ,provided1 ,that the ,general ,services ,administration shall submit a plan1 by project1 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 #ij days of enactment of this ,act3 ,provided further1 ,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 ,fund3 ,provided further1 ,that funds made available under this heading in this ,act for ,federal ,buildings ,fund activities may be transferred to1 and merged with1 other accounts within the ,federal ,buildings ,fund only to the extent necessary to meet program requirements for such activities3 ,provided further1 ,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 transfers3 ,provided further1 ,that funds made available to the ,administrator under this heading in this ,act shall not be subject to section #ccjg of title #dj1 ,united ,states ,code3 ,provided further1 ,that amounts made available under this heading in this ,act shall be in addition to any other amounts made available for such purposes1 including for construction and acquisition or repairs and alterations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,v ,,department ,,of ,,homeland ,,security ,,security1 ,,enforcement1 ,,and ,,investigations ,u4,s4 ,customs and border protection ,,operations ,,and ,,support ,for an additional amount for ,operations and ,support1 #ccj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for furniture1 fixtures1 and equipment for the land ports of entry modernized with funding provided to the ,general ,services ,administration in this ,act3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for an additional amount for ,procurement1 ,construction1 and ,improvements1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for land port of entry construction1 modernization1 and sustainment3 ,provided1 ,that not later than #ij days after the date of enactment of this ,act1 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,coast guard ,,operations ,,and ,,support ,for an additional amount for ,operations and ,support1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for personnel and administrative expenses3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,procurement1 ,,construction1 ,,and ,,improvements ,for an additional amount for ,procurement1 ,construction1 and ,improvements1 #dbi1jjj1jjj1 to remain available until ,september #cj1 #bjbf3 ,provided1 ,that of the funds made available under this heading in this ,act-- 7#a7 #aca1ejj1jjj shall be for housing1 family support1 safety1 and training facilities1 as described in the ,coast ,guard ,fiscal ,year #bjbb ,unfunded ,priorities ,list submitted to ,congress on ,june #bi1 #bjba2 7#b7 #aeh1jjj1jjj shall be for shore construction addressing facility deficiencies1 as described in the ,coast ,guard ,fiscal ,year #bjbb ,unfunded ,priorities ,list submitted to ,congress on ,june #bi1 #bjba2 7#c7 #ai1ejj1jjj shall be for shore construction supporting operational assets and maritime commerce1 as described in the ,coast ,guard ,fiscal ,year #bjbb ,unfunded ,priorities ,list submitted to ,congress on ,june #bi1 #bjba2 and 7#d7 #abj1jjj1jjj shall be for construction and improvement of childcare development centers3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,department shall submit to the ,committees on ,appropriations and ,commerce1 ,science1 and ,transportation of the ,senate and the ,committees on ,appropriations and ,transportation and ,infrastructure in the ,house of ,representatives a detailed expenditure plan1 including a list of project locations under each paragraph in the preceding proviso3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,protection1 ,,preparedness1 ,,response1 ,,and ,,recovery ,cybersecurity and infrastructure security agency ,,operations ,,and ,,support ,for an additional amount for ,operations and ,support1 #ce1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for risk management operations and stakeholder engagement and requirements3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,cybersecurity ,,response ,,and ,,recovery ,,fund ,for an additional amount for ,cybersecurity ,response and ,recovery ,fund1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 for cyber response and recovery1 as authorized by subtitle ,c of the ,homeland ,security ,act of #bjjb1 as amended by this ,act3 ,provided1 ,that #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbb1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbc1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbd1 #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #bj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 #bbcc of the ,homeland ,security ,act of #bjjb1 as amended by this ,act3 ,provided further1 ,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 reports1 to be submitted not later than the tenth business day following the end of each month1 on the status of funds made available under this heading in this ,act1 including an accounting of the most recent funding allocation estimates1 obligations1 expenditures1 and unobligated funds1 delineated by significant incident1 as defined in section #bbcb of the ,homeland ,security ,act of #bjjb1 as amended by this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal emergency management agency ,,operations ,,and ,,support ,for an additional amount for ,operations and ,support1 #fg1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for ,federal agency dam safety activities and assistance to ,states under sections #g through #ab of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;e through #dfg;h73 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal assistance 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,federal ,assistance1 #b1bcc1jjj1jjj1 which shall be allocated as follows3 7#a7 #ejj1jjj1jjj1 to remain available until expended1 for grants pursuant to section #bje of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace73 ,provided1 ,that #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that in addition to amounts made available for administrative expenses under section #bje7;d77#b7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eace7;d77#b771 no more than #c percent of the amounts made available in fiscal year #bjbb1 #c percent of the amounts made available in fiscal year #bjbc1 and #c percent of the amounts made available in each of fiscal years #bjbd through #bjbf under this paragraph in this ,act may be transferred to ,federal ,emergency ,management ,agency--,operations and ,support for salaries and expenses4 7#b7 #gcc1jjj1jjj1 to remain available until expended3 ,provided1 ,that #adh1jjj1jjj of the amounts made available under this paragraph in this ,act shall be for grants to ,states pursuant to section #h7;e7 of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f7e773 ,provided further1 ,that #ehe1jjj1jjj of the amounts made available under this paragraph in this ,act shall be for grants to ,states pursuant to section #h;,a of the ,national ,dam ,safety ,program ,act 7#cc ,u4,s4,c4 #dfg;f-#b71 of which no less than #ge1jjj1jjj shall be for the removal of dams3 ,provided further1 ,that dam removal projects shall include written consent of the dam owner1 if ownership is established3 ,provided further1 ,that in addition to amounts made available for administrative expenses1 no more than #c 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 expenses4 7#c7 #a1jjj1jjj1jjj to remain available until expended1 for grants to states1 local1 tribal1 and territorial governments for improvement to cybersecurity and critical infrastructure1 as authorized by section #bbah of the ,homeland ,security ,act of #bjjb1 as amended by this ,act3 ,provided1 ,that #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #djj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that no more than #c percent of the amounts made available in each of fiscal years #bjbb through #bjbe under this paragraph in this ,act may be transferred to ,federal ,emergency ,management ,agency--,operations and ,support for salaries and expenses3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,disaster relief fund 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,disaster ,relief ,fund1 #a1jjj1jjj1jjj1 to remain available until expended1 in addition to any amounts set aside pursuant to section #bjc7;i7 of the ,robert ,t4 ,stafford ,disaster ,relief and ,emergency ,assistance ,act 7#db ,u4,s4,c4 #eacc71 for grants pursuant to such section3 ,provided1 ,that #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that no more than #af1ejj1jjj of the amounts made available in each of fiscal years #bjbb through #bjbf under this heading in this ,act may be transferred to ,federal ,emergency ,management ,agency--,operations and ,support for salaries and expenses3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,national ,,flood ,,insurance ,,fund ,for an additional amount for ,national ,flood ,insurance ,fund1 #c1ejj1jjj1jjj1 to be derived from the ,general ,fund of the ,treasury1 to remain available until expended1 for flood mitigation actions and for flood mitigation assistance under section #acff of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c71 notwithstanding sections #acff7;e71 #acaj7;a77#g71 and #acfg of such ,act 7#db ,u4,s4,c4#dajd;c7e71 #djag7;a77#g71 #dajd;d71 in addition to any other funds available for this purpose3 ,provided1 ,that #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that notwithstanding section #acff7;d7 of the ,national ,flood ,insurance ,act of #aifh 7#db ,u4,s4,c4 #dajd;c7d771 the ,administrator of the ,federal ,emergency ,management ,agency may also use amounts made available under subsection 7a7 to provide flood mitigation assistance under section #acff of that ,act 7#db ,u4,s4,c4 #dajd;c7 for mitigation activities in an amount up to #ij percent of all eligible costs for a property-- 7#a7 located within a census tract with a ,centers for ,disease ,control and ,prevention ,social ,vulnerability ,index score of not less than #j4ejja2 or 7#b7 that serves as a primary residence for individuals with a household income of not more than #ajj percent of the applicable area median income3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,science and ,technology ,directorate ,,research ,,and ,,development ,for an additional amount for ,research and ,development1 #aeg1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 for critical infrastructure security and resilience research1 development1 test1 and evaluation3 ,provided1 ,that the funds made available under this heading in this ,act may be used for-- 7#a7 special event risk assessments rating planning tools2 7#b7 electromagnetic pulse and geo-magnetic disturbance resilience capabilities2 7#c7 positioning1 navigation1 and timing capabilities2 7#d7 public safety and violence prevention to evaluate soft target security1 including countering improvised explosive device events and protection of ,u4,s4 critical infrastructure2 and 7#e7 research supporting security testing capabilities relating to telecommunications equipment1 industrial control systems1 and open source software3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,general ,,provision--,,this ,,title #eja4 ,one-quarter of one percent of the amounts made available under each heading in this title in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act4 ,,vi ,,department ,,of ,,the ,,interior1 ,,environment1 ,,and ,,related ,,agencies ,,department ,,of ,,the ,,interior ,united ,states ,fish and ,wildlife ,service ,,resource ,,management 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount for ,resource ,management1 #dee1jjj1jjj1 to remain available until expended3 ,provided1 ,that #ia1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ia1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ia1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ia1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ia1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf1 and shall be in addition to amounts otherwise made available for such purpose-- 7#a7 #bee1jjj1jjj shall be for the following regional ecosystem restoration purposes-- 7,a7 #bf1jjj1jjj shall be for ,delaware ,river ,basin ,conservation ,act2 7,b7 #afb1jjj1jjj shall be for ,klamath ,basin restoration activities1 including habitat restoration1 planning1 design1 engineering1 environmental compliance1 fee acquisition1 infrastructure development1 construction1 operations and maintenance1 improvements1 and expansion1 as necessary1 on lands currently leased by the ,u4,s4 ,fish and ,wildlife ,service for conservation and recovery of endangered species2 7,c7 #ag1jjj1jjj shall be for implementing section #e7;d77#b7 of the ,lake ,tahoe ,restoration ,act2 and 7,d7 #ej1jjj1jjj shall be for sagebrush steppe ecosystem2 7#b7 #bjj1jjj1jjj shall be for restoring fish and wildlife passage by removing in-stream barriers and providing technical assistance under the ,national ,fish ,passage ,program3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that nothing under this heading in this ,act shall be construed as providing any new authority to remove1 breach1 or otherwise alter the operations of a ,federal hydropower dam and dam removal projects shall include written consent of the dam owner1 if ownership is established3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,united ,states ,geological ,survey ,,surveys1 ,,investigations1 ,,and ,,research 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount for ,surveys1 ,investigations1 and ,research1 #eaj1ffh1jjj1 to remain available until expended1 for the ,secretary of the ,interior to carry out activities authorized in sections #djbja1 #djbjd1 and #dajjc7;a7 of division ,d of this ,act3 ,provided1 ,that amounts made available under this heading in this ,act shall be allocated as follows3 7#a7 #cbj1jjj1jjj to carry out section #djbja of division ,d of this ,act3 ,provided1 ,that #fd1jjj1jjj1 to remain available until ,september #cj1 #bjbd1 shall be made available for fiscal year #bjbb1 #fd1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbc1 #fd1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbd1 #fd1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbe1 and #fd1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbf2 7#b7 #afg1jjj1jjj1 to remain available until expended1 for fiscal year #bjbb to carry out section #djbjd of division ,d of this ,act2 7#c7 #bc1ffh1jjj to carry out section #dajjc7;a7 of division ,d of this ,act3 ,provided1 ,that #h1ffh1jjj1 to remain available until ,september #cj1 #bjbd1 shall be made available for fiscal year #bjbb1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbc1 #e1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbd1 and #e1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbe3 ,provided further1 ,that amounts provided under this heading in this ,act shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,office of ,surface ,mining ,reclamation and ,enforcement ,,abandoned ,,mine ,,reclamation ,,fund 7,including ,transfers of ,funds7 ,for an additional amount to be deposited in the ,abandoned ,mine ,reclamation ,fund1 #aa1bic1jjj1jjj1 to remain available until expended1 to carry out section #djgja of division ,d of this ,act3 ,provided1 ,that of the amount provided under this heading in this ,act1 #be1jjj1jjj1 to remain available until expended1 shall be to carry out activities as authorized in section #djgja7;g7 of division ,d of this ,act3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act shall be for salaries1 expenses1 and administration3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,indian affairs ,bureau of indian affairs ,,operation ,,of ,,indian ,,programs 7,including ,transfers of ,funds7 ,for an additional amount for ,operation of ,indian ,programs1 #baf1jjj1jjj1 to remain available until expended for tribal climate resilience1 adaptation1 and community relocation planning1 design1 and implementation of projects which address the varying climate challenges facing tribal communities across the country3 ,provided1 ,that of the funds in the preceding proviso1 #dc1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #dc1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #dc1bjj1jjj1 to remain available until expended shall be made available for fiscal year #bjbd1 #dc1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #dc1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under the preceding proviso for fiscal years #bjbb through #bjbf1 #acj1jjj1jjj shall be for community relocation1 and #hf1jjj1jjj shall be for tribal climate resilience and adaptation projects3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that awards made under subsection 7d7 to ,tribes and ,tribal organizations under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 shall be considered non-recurring and shall not be part of the amount required by section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe71 and such funds shall only be used for the purposes identified in this section3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,construction 7,including ,transfers of ,funds7 ,for an additional amount for ,construction1 #bej1jjj1jjj1 to remain available until expended1 for construction1 repair1 improvement1 and maintenance of irrigation and power systems1 safety of dams1 water sanitation1 and other facilities3 ,provided1 ,that any funds provided for the ,safety of ,dams program pursuant to the ,act of ,november #b1 #aiba 7#be ,u4,s4,c4 #ac71 shall be made available on a nonreimbursable basis3 ,provided further1 ,that #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act for fiscal years #bjbb through #bjbf-- 7#a7 ,not less than #ej1jjj1jjj shall be for addressing irrigation and power systems2 and 7#b7 #bjj1jjj1jjj shall be for safety of dams1 water sanitation1 and other facilities3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,departmental ,offices ,office of the ,secretary ,departmental ,operations 7,including ,transfers of ,funds7 ,for an additional amount for ,departmental ,operations1 #ije1jjj1jjj1 to remain available until expended1 for the ,secretary of the ,interior to carry out activities1 as authorized in section #djhjd of division ,d of this ,act3 ,provided1 ,that #ccg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #adb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #adb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #adb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #adb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 purposes3 ,provided further1 ,that the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 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 #djhjd7;b77#a7 of division ,d of this ,act3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,department-,wide ,programs ,wildland ,fire ,management 7,including ,transfers of ,funds7 ,for an additional amount for ,wildland ,fire ,management1 #a1deh1jjj1jjj1 to remain available until expended3 ,provided1 ,that #djg1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bfb1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bfb1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bfb1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bfb1fjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes for the following fiscal years-- 7#a7 #a1jee1jjj1jjj for the ,secretary of the ,interior to carry out activities for the ,department of the ,interior1 as authorized in section #djhjc of division ,d of this ,act1 including fuels management activities1 of which #cbg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb and #ahb1jjj1jjj1 to remain available until expended1 shall be made available for each of fiscal years #bjbc through #bjbf2 7#b7 ,in addition to amounts made available in paragraph 7#a7 for fuels management activities1 #ce1fjj1jjj for each of fiscal years #bjbb through #bjbf for such purpose2 and 7#c7 ,in addition to amounts made available in paragraph 7#a7 for burned area rehabilitation1 #de1jjj1jjj for each of fiscal years #bjbb through #bjbf for such purpose3 ,provided further1 ,that up to #b1jjj1jjj for each of fiscal years #bjbb through #bjbf from funds made available in paragraphs 7#b7 and 7#c7 of the preceding proviso shall be for implementation of the ,tribal ,forestry ,protection ,act1 as amended 7,public ,law #ajh-bgh73 ,provided further1 ,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 purposes3 ,provided further1 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with wildland fire management activities3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,energy ,community ,revitalization ,program 7,including ,transfers of ,funds7 ,for an additional amount for ,department-,wide ,programs1 #d1fgg1jjj1jjj1 to remain available until expended1 for an ,energy ,community ,revitalization program to carry out orphaned well site plugging1 remediation1 and restoration activities authorized in section #cdi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg71 as amended by section #djfja of division ,d of this ,act3 ,provided1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes-- 7#a7 #bej1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be to carry out activities authorized in section #cdi7;b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7;b771 as amended by section #djfja of division ,d of this ,act2 7#b7 #gge1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be to carry out activities authorized in section #cdi7;c77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7;c77#c771 as amended by section #djfja of division ,d of this ,act2 7#c7 #b1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be to carry out activities authorized in section #cdi7;c77#d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7;c77#d771 as amended by section #djfja of division ,d of this ,act2 7#d7 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be to carry out activities authorized in section #cdi7;c77#e7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg7;c77#e771 as amended by section #djfja of division ,d of this ,act2 7#e7 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be to carry out activities authorized in section #cdi7;d7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4#aeijg7;d771 as amended by section #djfja of division ,d of this ,act2 ,provided further1 ,that of the amount provided under this heading in this ,act1 #b1jjj1jjj 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 #cdi of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #aeijg71 as amended by section #djfja of division ,d of this ,act3 ,provided further1 ,that amounts provided under this heading in this ,act shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that amounts provided under this heading in this ,act are not available to fulfill ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act 7,,cercla7 obligations agreed to in settlement or imposed by a court1 whether for payment of funds or for work to be performed3 ,provided further1 ,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 purposes3 ,provided further1 ,that the ,secretary may transfer funds made available in paragraph 7#a7 of the first proviso under this heading to the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 to carry out such purposes3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act shall be for salaries1 expenses1 and administration3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general ,provisions1 ,department of the ,interior #fja4 ,not later than #ij days after the date of enactment of this ,act1 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 #bjbb1 and for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 year4 ,,environmental ,,protection ,,agency ,environmental ,programs and ,management 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount for ,environmental ,programs and ,management1 #a1iei1jjj1jjj1 which shall be allocated as follows3 7#a7 #a1gag1jjj1jjj1 to remain available until expended1 for ,geographic ,programs as specified in the explanatory statement described in section #d of the matter preceding division ,a of ,public ,law #aaf-bfj3 ,provided1 ,that #cdc1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cdc1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cdc1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cdc1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #cdc1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available in this paragraph in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7,a7 #a1jjj1jjj1jjj shall be for ,great ,lakes ,restoration ,initiative2 7,b7 #bch1jjj1jjj shall be for ,chesapeake ,bay2 7,c7 #bd1jjj1jjj shall be for ,san ,francisco ,bay2 7,d7 #hi1jjj1jjj shall be for ,puget ,sound2 7,e7 #ajf1jjj1jjj shall be for ,long ,island ,sound2 7,f7 #ec1jjj1jjj shall be for ,gulf of ,mexico2 7,g7 #af1jjj1jjj shall be for ,south ,florida2 7,h7 #dj1jjj1jjj shall be for ,lake ,champlain2 7,i7 #ec1jjj1jjj shall be for ,lake ,pontchartrain2 7,j7 #ae1jjj1jjj shall be for ,southern ,new ,england ,estuaries2 7,k7 #gi1jjj1jjj shall be for ,columbia ,river ,basin2 and 7,l7 #d1jjj1jjj shall be for other geographic activities which includes ,pacific ,northwest3 ,provided further1 ,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 proviso2 7#b7 #acb1jjj1jjj1 to remain available until expended1 for the ,national ,estuary ,program grants under section #cbj7;g77#b7 of the ,federal ,water ,pollution ,control ,act1 notwithstanding the funding limitation in section #cbj7;i77#b77;,b7 of the ,act3 ,provided1 ,that #bf1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bf1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bf1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bf1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bf1djj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the ,administrator may waive or reduce the required non-,federal share for amounts made available under this paragraph in this ,act3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act shall be for salaries1 expenses1 and administration2 7#c7 #fj1jjj1jjj1 to remain available until expended1 for actions under the ,gulf ,hypoxia ,action ,plan3 ,provided1 ,that #ab1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ab1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ab1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ab1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ab1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that funds shall be provided annually to the twelve states serving as members of the ,mississippi ,river_/,gulf of ,mexico ,watershed ,nutrient ,task ,force 7,arkansas1 ,iowa1 ,illinois1 ,indiana1 ,kentucky1 ,louisiana1 ,minnesota1 ,missouri1 ,mississippi1 ,ohio1 ,tennessee1 and ,wisconsin7 in equal amounts for each state for the period of fiscal year #bjbb to fiscal year #bjbf3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act shall be for salaries1 expenses1 and administration2 7#d7 #be1jjj1jjj1 to remain available until expended1 to support permitting of ,class ,,vi wells as authorized under section #djcjf of division ,d of this ,act1 to be carried out by ,drinking ,water ,programs3 ,provided1 ,that #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #e1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf2 7#e7 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for developing battery recycling best practices1 as authorized under section #gjdja7;b7 of division ,g of this ,act1 to be carried out by the ,resource ,conservation and ,recovery ,act program2 7#f7 #ae1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 for developing voluntary battery labeling guidelines1 as authorized under section #gjdja7;c7 of division ,g of this ,act1 to be carried out by the ,resource ,conservation and ,recovery ,act program2 ,provided1 ,that funds provided for the purposes described in paragraphs 7#a71 7#b71 and 7#c7 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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with ,geographic programs1 the ,national ,estuary ,program1 and the ,gulf ,hypoxia ,action ,plan3 ,provided further1 ,that amounts provided under this heading in this ,act shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,hazardous substance superfund 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount for ,hazardous ,substance ,superfund1 #c1ejj1jjj1jjj1 to remain available until expended1 consisting of such sums as are available in the ,trust ,fund on ,september #cj1 #bjba1 as authorized by section #eag7;a7 of the ,superfund ,amendments and ,reauthorization ,act of #aihf 7,,sara7 and up to #c1ejj1jjj1jjj as a payment from general revenues to the ,hazardous ,substance ,superfund for purposes as authorized by section #eag7;b7 of ,,sara1 for all costs associated with ,superfund3 ,remedial activities3 ,provided1 ,that in providing technical and project implementation assistance for amounts made available under this heading in this ,act1 the ,administrator shall consider the unique needs of ,tribal communities with contaminated sites where the potentially responsible parties cannot pay or cannot be identified1 but shall not alter the process for prioritizing site cleanups3 ,provided further1 ,that amounts provided under this heading in this ,act shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that amounts provided under this heading in this ,act shall not be subject to cost share requirements under section #ajd7;c77#c7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7,,cercla7 7#db ,u4,s4,c4 #ifjd7;c77#c773 ,provided further1 ,that the ,administrator of the ,environmental ,protection ,agency shall annually report to ,congress on the status of funded projects3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,state and tribal assistance grants 7,,including ,,transfers ,,of ,,funds7 ,for an additional amount for ,state and ,tribal ,assistance ,grants1 #ee1dbf1jjj1jjj1 to remain available until expended3 ,provided1 ,that amounts made available under this heading in this ,act shall be allocated as follows3 7#a7 #aa1gac1jjj1jjj for capitalization grants for the ,clean ,water ,state ,revolving ,funds under title ,,vi of the ,federal ,water ,pollution ,control ,act3 ,provided1 ,that #a1ijb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #b1bjb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #b1djc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #b1fjc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #b1fjc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that for the funds provided under this paragraph in this ,act in fiscal year #bjbb and fiscal year #bjbc1 the ,state shall deposit in the ,state loan fund from ,state moneys an amount equal to at least #aj percent of the total amount of the grant to be made to the ,state1 notwithstanding sections #fjb7;b77#b71 #fjb7;b77#c7 or #bjb of the ,federal ,water ,pollution ,control ,act3 ,provided further1 ,that for the funds made available under this paragraph in this ,act1 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 #ajj percent forgiveness of principal or grants 7or any combination of these71 notwithstanding section #fjc7;i77#c77;,b7 of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #achc73 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in fiscal year #bjbb and up to two percent in each of fiscal years #bjbc through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that not less than #hj percent of the amounts the ,administrator uses in each fiscal year for salaries1 expenses1 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 employees3 ,provided further1 ,that #j4ce percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#b7 #aa1gac1jjj1jjj for capitalization grants for the ,drinking ,water ,state ,revolving ,funds under section #adeb of the ,safe ,drinking ,water ,act3 ,provided1 ,that #a1ijb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #b1bjb1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #b1djc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #b1fjc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #b1fjc1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that for the funds provided under this paragraph in this ,act in fiscal year #bjbb and fiscal year #bjbc1 the ,state shall deposit in the ,state loan fund from ,state moneys an amount equal to at least #aj percent of the total amount of the grant to be made to the ,state1 notwithstanding section #adeb7;e7 of the ,safe ,drinking ,water ,act3 ,provided further1 ,that for the funds made available under this paragraph in this ,act1 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 #ajj percent forgiveness of principal or grants 7or any combination of these71 notwithstanding section #adeb7;d77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab73 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in fiscal year #bjbb and up to two percent in each of fiscal years #bjbc through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that not less than #hj percent of the amounts the ,administrator uses in each fiscal year for salaries1 expenses1 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 employees3 ,provided further1 ,that #j4ce percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#c7 #ae1jjj1jjj1jjj for capitalization grants for the ,drinking ,water ,state ,revolving ,funds under section #adeb of the ,safe ,drinking ,water ,act3 ,provided1 ,that #c1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #c1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #c1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #c1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #c1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 identification1 planning1 design1 and replacement of lead service lines3 ,provided further1 ,that for the funds made available under this paragraph in this ,act1 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 #ajj percent forgiveness of principal or grants 7or any combination of these71 notwithstanding section #adeb7;d77#b7 of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab73 ,provided further1 ,that the funds provided under this paragraph in this ,act shall not be subject to the matching or cost share requirements of section #adeb7;e7 of the ,safe ,drinking ,water ,act3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in fiscal year #bjbb and up to two percent in each of fiscal years #bjbc through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#d7 #a1jjj1jjj1jjj for capitalization grants for the ,clean ,water ,state ,revolving ,funds under title ,,vi of the ,federal ,water ,pollution ,control ,act3 ,provided1 ,that #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bbe1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bbe1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bbe1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bbe1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that funds provided under this paragraph in this ,act shall be for eligible uses under section #fjc7;c7 of the ,federal ,water ,pollution ,control ,act that address emerging contaminants3 ,provided further1 ,that funds provided under this paragraph in this ,act shall not be subject to the matching or cost share requirements of sections #fjb7;b77#b71 #fjb7;b77#c71 or #bjb of the ,federal ,water ,pollution ,control ,act3 ,provided further1 ,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 #ajj percent principal forgiveness or as grants 7or a combination of these73 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in fiscal year #bjbb and up to two percent in each of fiscal years #bjbc through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#e7 #d1jjj1jjj1jjj for capitalization grants for the ,drinking ,water ,state ,revolving ,funds under section #adeb of the ,safe ,drinking ,water ,act3 ,provided1 ,that #hjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #hjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #hjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #hjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #hjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that funds provided under this paragraph in this ,act shall be to address emerging contaminants in drinking water with a focus on perfluoroalkyl and polyfluoroalkyl substances through capitalization grants under section #adeb7t7 of the ,safe ,drinking ,water ,act for the purposes described in section #adeb7;a77#b77;,g7 of such ,act3 ,provided further1 ,that funds provided under this paragraph in this ,act deposited into the ,state revolving fund shall be provided to eligible recipients as loans with #ajj percent principal forgiveness or as grants 7or a combination of these73 ,provided further1 ,that funds provided under this paragraph in this ,act shall not be subject to the matching or cost share requirements of section #adeb7;e7 of the ,safe ,drinking ,water ,act3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in fiscal year #bjbb and up to two percent in each of fiscal years #bjbc through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#f7 #e1jjj1jjj1jjj for grants for addressing emerging contaminants under subsections 7a7 through 7j7 of section #adei;,a of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ai;a73 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that funds provided to ,states under this paragraph may be used for projects that address emerging contaminants supporting a community described in section #adei;,a1 subsection 7c77#b71 of the ,safe ,drinking ,water ,act1 notwithstanding the definition of underserved communities in section #adei;,a1 subsection 7a77#b71 of the ,safe ,drinking ,water ,act3 ,provided further1 ,that funds provided under this paragraph in this ,act shall not be subject to the matching or cost share requirements of section #adei;,a of the ,safe ,drinking ,water ,act3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#g7 #ej1jjj1jjj1 to remain available until expended1 to award ,underground ,injection ,control grants1 as authorized under section #djcjf of division ,d of this ,act1 and for activities to support states' efforts to develop programs leading to primacy3 ,provided1 ,that up to three percent of the amounts made available under this paragraph in this ,act shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half 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 ,act2 7#h7 #a1ejj1jjj1jjj for brownfields activities3 ,provided1 ,that #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #cjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amounts made available in this paragraph in this ,act1 the following amounts shall be for the following purposes1 in equal amounts for each of fiscal years #bjbb through #bjbf-- 7,a7 #a1bjj1jjj1jjj shall be to carry out ,brownfields projects authorized by section #ajd7k7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7,,cercla71 including grants1 interagency agreements and associated program support costs1 of which up to #fjj1jjj1jjj1 notwithstanding funding limitations in such sections of such ,act1 may be for-- 7i7 grants under section #ajd7k77#c77;,a77ii7 of ,,cercla to remediate brownfields sites in amounts not to exceed #e1jjj1jjj per grant2 7ii7 multipurpose grants under section #ajd7k77#d77;,b77i7 of ,,cercla in amounts not to exceed #aj1jjj1jjj per grant2 7iii7 grants under sections #ajd7k77#b77;,b7 and #ajd7k77#e77;,a77i7 of ,,cercla for site characterization and assessment activities on a community-wide or site-by-site basis in amounts not to exceed #aj1jjj1jjj per grant and without further limitation on the amount that may be expended for any individual brownfield site2 7iv7 grants under sections #ajd7k77#c77;,a77i7 and #ajd7k77#e77;,a77ii7 of ,,cercla for capitalization of revolving loan funds in amounts not to exceed #aj1jjj1jjj per grant2 and 7v7 grants under section #ajd7k77#g7 of ,,cercla for job training in amounts not to exceed #a1jjj1jjj per grant2 and 7,b7 #cjj1jjj1jjj shall be to carry out section #abh of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj3 ,provided further1 ,that funds provided under this paragraph in this ,act shall not be subject to cost share requirements under section #ajd7k77#aj77;,b77iii7 of the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj3 ,provided further1 ,that the ,administrator of the ,environmental ,protection ,agency shall annually report to ,congress on the status of funded projects3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#i7 #ajj1jjj1jjj for all costs for carrying out section #ffje of the ,pollution ,prevention ,act3 ,provided1 ,that #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that funds provided under this paragraph in this ,act shall not be subject to cost share requirements under section #ffje7;c7 of the ,pollution ,prevention ,act3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#aj7 #bge1jjj1jjj for grants under section #cjb7;a7 of the ,save ,our ,seas #b4j ,act 7,public ,law #aaf-bbd73 ,provided1 ,that #ee1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ee1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ee1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ee1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ee1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that notwithstanding section #cjb7;a7 of such ,act1 the ,administrator may also provide grants pursuant to such authority to tribes1 intertribal consortia consistent with the requirements in #dj ,,cfr #ce4ejd7;a71 former ,indian reservations in ,oklahoma 7as determined by the ,secretary of the ,interior71 and ,alaskan ,native ,villages as defined in ,public ,law #ib-bjc3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#aa7 #ge1jjj1jjj to award grants focused on improving material recycling1 recovery1 management1 and reduction1 as authorized under section #gjdjb of division ,g of this ,act3 ,provided1 ,that #ae1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ae1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ae1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ae1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ae1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act2 7#ab7 #e1jjj1jjj1jjj for the ,clean ,school ,bus ,program as authorized under section #gda of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia71 as amended by section #gaaja of division ,g of this ,act3 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds provided1 #ejj1jjj1jjj shall be provided annually for zero-emission school buses1 as defined in section #gda7;a77#h7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77#h771 as amended by section #gaaja of division ,g of this ,act1 and #ejj1jjj1jjj shall be provided annually for clean school buses and zero-emission school buses1 as defined in section #gda7;a77#c7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;a77#c771 as amended by section #gaaja of division ,g of this ,act3 ,provided further1 ,that up to three percent of the amounts made available under this paragraph in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,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 #bjbb through #bjbf 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 ,act3 ,provided further1 ,that if there are unobligated funds in any of fiscal years #bjbb through #bjbf after the ,administrator of the ,environmental ,protection ,agency issues awards for that fiscal year1 ,states may compete for those funds1 notwithstanding the #aj percent limitation under section #gda7;b77#g77;,b7 of the ,energy ,policy ,act of #bjje 7#db ,u4,s4,c4 #afjia7;b77#g77;,b771 as amended by section #gaaja of division ,g of this ,act3 ,provided further1 ,that amounts provided under this heading in this ,act shall be in addition to amounts otherwise available for such purposes3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general provisions--,environmental protection agency 7,,including ,,transfers ,,of ,,funds7 #faa4 ,funds made available to the ,environmental ,protection ,agency by this ,act for salaries1 expenses1 and administration purposes may be transferred to the ,environmental ,programs and ,management account or the ,science and ,technology account as needed for such purposes4 #fab4 ,not later than #ij days after the date of enactment of this ,act1 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 #bjbb1 and for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 year4 #fac4 ,for this fiscal year and each fiscal year thereafter1 such sums as are available in the ,hazardous ,substance ,superfund established under section #iejg of the ,internal ,revenue ,code of #aihf at the end of the preceding fiscal year from taxes received in the ,treasury under subsection 7b77#a7 of such section shall be available1 without further appropriation1 to be used to carry out the ,comprehensive ,environmental ,response1 ,compensation1 and ,liability ,act of #aihj 7#db ,u4,s4,c4 #ifja et seq474 #fad4 7a7 ,drinking water ,there is authorized to be appropriated to carry out the purposes of section #adeb of the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;j-#ab71 in addition to amounts otherwise authorized to be appropriated for those purposes1 an additional #a1abf1jjj1jjj for each of fiscal years #bjbb through #bjbf4 7b7 ,clean water ,there is authorized to be appropriated to carry out the purposes of title ,,vi of the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #acha et seq471 in addition to amounts otherwise authorized to be appropriated for those purposes1 an additional #a1fci1jjj1jjj for each of fiscal years #bjbb through #bjbf4 ,department of ,agriculture ,forest ,service ,forest and ,rangeland ,research ,for an additional amount for ,forest and ,rangeland ,research1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 for the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 to carry out activities of the ,joint ,fire ,science ,program1 as authorized in section #djhjc of division ,d of this ,act3 ,provided1 ,that #b1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #b1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #b1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,state and ,private ,forestry 7,including ,transfers of ,funds7 ,for an additional amount for ,state and ,private ,forestry1 #a1ebf1hjj1jjj1 to remain available until ,september #cj1 #bjbi3 ,provided1 ,that #cje1cfj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #cje1cfj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #cje1cfj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #cje1cfj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #cje1cfj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7#a7 #gah1jjj1jjj for the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 to carry out activities for the ,department of ,agriculture1 as authorized in sections #djhjc and #djhjd of division ,d of this ,act2 7#b7 ,in addition to amounts made available in paragraph 7#a7 for grants to at-risk communities for wildfire mitigation activities1 not less than #ejj1jjj1jjj for such purposes2 7#c7 ,not less than #hh1jjj1jjj for ,state ,fire ,assistance2 and 7#d7 ,not less than #bj1jjj1jjj for ,volunteer ,fire ,assistance3 ,provided further1 ,that amounts made available under this heading in this ,act for each of fiscal years #bjbb through #bjbf may be transferred between accounts affected by the ,forest ,service budget restructure outlined in section #dce of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 to carry out the activities in support of this heading3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national ,forest ,system 7,including ,transfers of ,funds7 ,for an additional amount for ,national ,forest ,system1 #b1hed1jjj1jjj1 to remain available until expended3 ,provided1 ,that #gcd1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ebi1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ebi1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ebi1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ebi1hjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes-- 7#a7 #b1aae1jjj1jjj for the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 to carry out activities for the ,department of ,agriculture as authorized in sections #djhjc and #djhjd of division ,d of this ,act1 of which #ehg1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb and #chb1jjj1jjj1 to remain available until expended1 shall be made available for each of fiscal years #bjbc through #bjbf2 7#b7 ,in addition to amounts made available in paragraph 7#a7 for hazardous fuels management activities1 #ajb1hjj1jjj for each of fiscal years #bjbb through #bjbf for such purposes2 and 7#c7 ,in addition to amounts made available in paragraph 7#a7 for burned area recovery1 #de1jjj1jjj for each of fiscal years #bjbb through #bjbf for such purposes3 ,provided further1 ,that up to #ab1jjj1jjj for each of fiscal years #bjbb through #bjbf from funds made available in paragraph 7#b7 of the preceding proviso may be used to make grants1 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 lands1 including the ,community ,wood ,energy ,program and the ,wood ,innovation ,grants ,program3 ,provided further1 ,that up to #h1jjj1jjj for each of fiscal years #bjbb through #bjbf from funds made available in paragraph 7#b7 of the preceding proviso shall be for implementation of the ,tribal ,forestry ,protection ,act1 as amended 7,public ,law #ajh-bgh73 ,provided further1 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with wildland fire management activities3 ,provided further1 ,that the ,secretary of the ,interior and the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 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 #djhjd7;b77#a7 of division ,d of this ,act3 ,provided further1 ,that amounts made available under this heading in this ,act for each of fiscal years #bjbb through #bjbf may be transferred between accounts affected by the ,forest ,service budget restructure outlined in section #dce of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 to carry out the activities in support of this heading3 ,provided further1 ,that amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be available for salaries and expenses3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,capital ,,improvement ,,and ,,maintenance 7,including ,transfers of ,funds7 ,for an additional amount for ,capital ,improvement and ,maintenance1 #cfj1jjj1jjj1 to remain available until ,september #cj1 #bjbi3 ,provided1 ,that #gb1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #gb1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #gb1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #gb1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #gb1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7#a7 #bej1jjj1jjj to carry out activities of the ,legacy ,road and ,trail ,remediation ,program1 as authorized in ,public ,law #hh-feg 7#af ,u4,s4,c4 #ecb et seq47 7commonly known as the ,forest ,roads and ,trails ,act71 as amended by section #djhja of division ,d of this ,act2 7#b7 #ajj1jjj1jjj for construction of temporary roads or reconstruction and maintenance of roads to facilitate forest restoration and management projects that reduce wildfire risk2 and 7#c7 #aj1jjj1jjj for the removal of non-hydropower ,federal dams and for providing dam removal technical assistance3 ,provided further1 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with wildland fire management activities3 ,provided further1 ,that amounts made available under this heading in this ,act for each of fiscal years #bjbb through #bjbf may be transferred between accounts affected by the ,forest ,service budget restructure outlined in section #dce of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf-id7 to carry out the activities in support of this heading3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,wildland ,fire ,management 7,including ,transfers of ,funds7 ,for an additional amount for ,wildland ,fire ,management1 #fif1bjj1jjj to remain available until expended1 for the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 to carry out activities for the ,department of ,agriculture as authorized in section #djhjc of division ,d of this ,act3 ,provided1 ,that #eeb1bjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cf1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cf1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cf1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #cf1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 #aigc 7#af ,u4,s4,c4 #aeca et seq47 to consult and conference1 as required by section #g of such ,act1 in connection with wildland fire management activities3 ,provided further1 ,that amounts made available under this heading in this ,act for each of fiscal years #bjbb through #bjbf may be transferred between accounts affected by the ,forest ,service budget restructure outlined in section #dce of division ,d of the ,further ,consolidated ,appropriations ,act1 #bjbj 7,public ,law #aaf- #id7 to carry out the activities in support of this heading3 ,provided further1 ,that amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf1 shall be available for salaries and expenses to carry out such purposes3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,administrative ,provision--,forest ,service ,not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 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 #bjbb1 and for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 year4 ,,department ,,of ,,health ,,and ,,human ,,services ,indian health service ,,indian ,,health ,,facilities 7,including ,transfers of ,funds7 ,for an additional amount for ,indian ,health ,facilities1 #c1ejj1jjj1jjj1 to remain available until expended1 for the provision of domestic and community sanitation facilities for ,indians1 as authorized by section #g of the ,act of ,august #e1 #aied 7#fh ,stat4 #fgd73 ,provided1 ,that #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #gjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that of the amounts made available under this heading1 up to #b1bjj1jjj1jjj shall be for projects that exceed the economical unit cost and shall be available until expended3 ,provided further1 ,that up to three percent of the amounts made available in each fiscal year shall be for salaries1 expenses1 and administration3 ,provided further1 ,that one-half of one percent of the amounts made available under this heading in this ,act in each fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that no funds available to the ,indian ,health ,service for salaries1 expenses1 administration1 and oversight shall be available for contracts1 grants1 compacts1 or cooperative agreements under the provisions of the ,indian ,self-,determination and ,education ,assistance ,act as amended3 ,provided further1 ,that funds under this heading made available to ,tribes and ,tribal organizations under the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecja et seq47 shall be available on a one-time basis1 are nonrecurring1 and shall not be part of the amount required by section #ajf of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecbe71 and shall only be used for the purposes identified in this heading3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,health and ,human ,services shall submit a detailed spend plan for that fiscal year3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,vii ,,labor1 ,,health ,,and ,,human ,,services1 ,,and ,,education1 ,,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 ,assistance1 #ejj1jjj1jjj1 to remain available through ,september #cj1 #bjbf1 for making payments under subsection 7b7 of section #bfjb of the ,low-,income ,home ,energy ,assistance ,act of #aiha 7#db ,u4,s4,c4 #hfba et seq473 ,provided1 ,that #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available in fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available in fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available in fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available in fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available in fiscal year #bjbf3 ,provided further1 ,that1 of the amount available for obligation in a fiscal year under this heading in this ,act1 #ej1jjj1jjj shall be allocated as though the total appropriation for such payments for such fiscal year was less than #a1ige1jjj1jjj3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,viii ,,transportation1 ,,housing ,,and ,,urban ,,development1 ,,and ,,related ,,agencies ,,department ,,of ,,transportation ,office of the ,secretary ,,national ,,infrastructure ,,investments ,for an additional amount for ,national ,infrastructure ,investments1 #ab1ejj1jjj1jjj1 to remain available until expended1 for necessary expenses to carry out chapter #fg of title #di1 ,united ,states ,code1 of which #e1jjj1jjj1jjj shall be to carry out section #fgja of such title and #g1ejj1jjj1jjj shall be to carry out section #fgjb of such title3 ,provided1 ,that1 of the amount made available under this heading in this ,act to carry out section #fgja of title #di1 ,united ,states ,code1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that1 of the amount made available under this heading in this ,act to carry out section #fgjb of title #di1 ,united ,states ,code1 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbb1 #a1ejj1jjj1jjj1 to remain until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbc1 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbd1 #a1ejj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbe1 and #a1ejj1jjj1jjj1 to remain available ,september #cj1 #bjcj1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,safe ,,streets ,,and ,,roads ,,for ,,all ,,grants ,for an additional amount for ,safe ,streets and ,roads for ,all ,grants1 #e1jjj1jjj1jjj1 to remain available until expended1 for competitive grants1 as authorized under section #bdaab of division ,b of this ,act3 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the ,secretary shall issue a notice of funding opportunity not later than #ahj days after each date upon which funds are made available under the preceding proviso3 ,provided further1 ,that the ,secretary shall make awards not later than #bgj days after issuing the notices of funding opportunity required under the preceding proviso3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,national ,,culvert ,,removal1 ,,replacement1 ,,and ,,restoration ,,grants ,for an additional amount for ,national ,culvert ,removal1 ,replacement1 and ,restoration ,grants1 #a1jjj1jjj1jjj1 to remain available until expended1 as authorized by section #fbjc of title #di1 ,united ,states ,code3 ,provided1 ,that #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,strengthening ,,mobility ,,and ,,revolutionizing ,,transportation ,,grant ,,program ,for an additional amount for ,strengthening ,mobility and ,revolutionizing ,transportation ,grant ,program1 #ejj1jjj1jjj1 to remain available until expended1 as authorized by section #bejje of division ,b of this ,act3 ,provided1 ,that #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ajj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,administrative ,,provisions--,,office ,,of ,,the ,,secretary ,,of ,,transportation 7,,including ,,transfer ,,of ,,funds7 #hja4 7a7 ,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 #aag of title #bc1 ,united ,states ,code1 for fiscal years #bjbb through #bjbf for the costs of award1 administration1 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 account1 to remain available until expended1 for the necessary expenses of award1 administration1 or oversight of any discretionary financial assistance programs funded under this title in this ,act or division ,a of this ,act3 ,provided1 ,that one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that the amount provided by this section is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 7b7 ,in addition to programs identified in section #aah7;d7 of title #di1 ,united ,states ,code1 the ,office of ,multimodal ,infrastructure and ,freight shall administer1 with support from the ,department's ,operating ,administrations1 the following financial assistance programs-- 7#a7 the national infrastructure projects program under section #fgja of title #di1 ,united ,states ,code2 7#b7 the local and regional projects program under section #fgjb of title #di1 ,united ,states ,code2 7#c7 the strengthening mobility and revolutionizing transportation grant program under section #bejje of division ,b of this ,act2 7#d7 the nationally significant freight and highways projects under section #aag of title #bc1 ,united ,states ,code2 7#e7 the national culvert removal1 replacement1 and restoration grant program under section #fbjc of title #di1 ,united ,states ,code2 and 7#f7 other discretionary financial assistance programs that the ,secretary determines should be administered by the ,office of ,multimodal ,infrastructure and ,freight1 subject to the approval of the ,house and ,senate ,committees on ,appropriations as required under section #dje of ,division ,l of the ,consolidated ,appropriations ,act1 #bjba4 ,federal ,aviation ,administration ,,facilities ,,and ,,equipment ,for an additional amount for ,facilities and ,equipment1 #e1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,that funds provided under this heading in this ,act shall be for3 7#a7 replacing terminal and en route air traffic control facilities2 7#b7 improving air route traffic control center and combined control facility buildings2 7#c7 improving air traffic control en route radar facilities2 7#d7 improving air traffic control tower and terminal radar approach control facilities2 7#e7 national airspace system facilities ,,osha and environmental standards compliance2 7#f7 landing and navigational aids2 7#g7 fuel storage tank replacement and management2 7#h7 unstaffed infrastructure sustainment2 7#i7 real property disposition2 7#aj7 electrical power system sustain and support2 7#aa7 energy maintenance and compliance2 7#ab7 hazardous materials management and environmental cleanup2 7#ac7 facility security risk management2 7#ad7 mobile asset management program2 and 7#ae7 administrative expenses1 including salaries and expenses1 administration1 and oversight3 ,provided further1 ,that not less than #bjj1jjj1jjj of 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 program3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations of air traffic control towers and contract towers1 to be funded for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,transportation shall submit a detailed spend plan for funding that will be made available under this heading in the upcoming fiscal year1 including a list of projects for replacing facilities that are owned by the ,federal ,aviation ,administration1 including air traffic control towers that are staffed through the contract tower program3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,airport ,,infrastructure ,,grants 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,airport ,infrastructure ,grants1 #ae1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj3 ,provided1 ,that #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbb1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbc1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbd1 #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbe1 and #c1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,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 #dgaae of title #di1 ,united ,states ,code1 for airport-related projects defined under section #djaag7;a77#c7 of title #di1 ,united ,states ,code3 ,provided further1 ,that of the funds made available under this heading in this ,act1 in each of fiscal years #bjbb through #bjbf-- 7#a7 ,not more than #b1dhj1jjj1jjj shall be available for primary airports as defined in section #dgajb7af7 of title #di1 ,united ,states ,code1 and certain cargo airports3 ,provided1 ,that such funds shall not be subject to the reduced apportionments of section #dgaad7;f7 of title #di1 ,united ,states ,code3 ,provided further1 ,that such funds shall first be apportioned as set forth in sections #dgaad7;c77#a77;,a71 #dgaad7;c77#a77;,c77i71 #dgaad7;c77#a77;,c77ii71 #dgaad7;c77#b77;,a71 #dgaad7;c77#b77;,b71 and #dgaad7;c77#b77;,e71 #dgaad7;c77#a77;,j7 of title #di1 ,united ,states ,code3 ,provided further1 ,that there shall be no maximum apportionment limit3 ,provided further1 ,that any remaining funds after such apportionment shall be distributed to all sponsors of primary airports 7as defined in section #dgajb7af7 of title #di1 ,united ,states ,code7 based on each such airport's passenger enplanements compared to total passenger enplanements of all airports defined in section #dgajb7af7 of title #di1 ,united ,states ,code1 for calendar year #bjai in fiscal years #bjbb and #bjbc and thereafter for the most recent calendar year enplanements upon which the ,secretary has apportioned funds pursuant to section #dgaad7;c7 of title #di1 ,united ,states ,code2 7#b7 ,not more than #ejj1jjj1jjj shall be for general aviation and commercial service airports that are not primary airports as defined in paragraphs 7#g71 7#h71 and 7#af7 of section #dgajb of title #di1 ,united ,states ,code3 ,provided1 ,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 ,systems1 reflecting the percentage of the aggregate published eligible development costs for each such category1 and then dividing the allocated funds evenly among the eligible airports in each category1 rounding up to the nearest thousand dollars3 ,provided further1 ,that any remaining funds under this paragraph in this ,act shall be distributed as described in paragraph 7#c7 in this proviso under this heading in this ,act2 and 7#c7 #bj1jjj1jjj 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 #dgabd of title #di1 ,united ,states ,code to3 7#a7 sustain1 construct1 repair1 improve1 rehabilitate1 modernize1 replace or relocate nonapproach control towers2 7#b7 acquire and install air traffic control1 communications1 and related equipment to be used in those towers2 and 7#c7 construct a remote tower certified by the ,federal ,aviation ,administration1 including acquisition and installation of air traffic control1 communications1 or related equipment3 ,provided1 ,that the ,federal ,aviation ,administration shall give priority consideration to projects that enhance aviation safety and improve air traffic efficiency3 ,provided further1 ,that the ,federal share of the costs for which a grant is made under this paragraph shall be #ajj percent3 ,provided further1 ,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 grants3 ,provided further1 ,that of the amounts made available to the ,secretary for competitive grants under the preceding proviso1 the ,secretary shall first provide up to #ajj1jjj1jjj1 as described in paragraph 7#c7 of the fourth proviso1 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 emissions1 reduce noise impact to the surrounding community1 reduce dependence on the electrical grid1 or provide general benefits to the surrounding community3 ,provided further1 ,that none of the amounts made available under this heading in this ,act may be used to pay for airport debt service3 ,provided further1 ,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 #dgajd7;a7 of title #di1 ,united ,states ,code3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for personnel1 contracting1 and other costs to administer and oversee grants1 of which #a1jjj1jjj 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 ,act3 ,provided further1 ,that the ,federal share of the costs of a project under paragraphs 7#a7 and 7#b7 of the fourth proviso under this heading shall be the percent for which a project for airport development would be eligible under section #dgaji of title #di1 ,united ,states ,code3 ,provided further1 ,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 appropriations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,airport ,,terminal ,,program 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,airport ,terminal ,program1 #e1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 for the ,secretary of ,transportation to provide competitive grants for airport terminal development projects that address the aging infrastructure of the nation's airports3 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until ,september #cj1 #bjcj1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,that the ,secretary shall issue a notice of funding opportunity not later than #fj days after the date of enactment of this ,act3 ,provided further1 ,that of the funds made available under this heading in this ,act1 not more than #ee percent shall be for large hub airports1 not more than #ae percent shall be for medium hub airports1 not more than #bj percent shall be for small hub airports1 and not less than #aj percent shall be for nonhub and nonprimary airports3 ,provided further1 ,that in awarding grants for terminal development projects from funds made available under this heading in this ,act1 the ,secretary may consider projects that qualify as terminal development 7including multimodal terminal development71 as that term is defined in #di ,u4,s4,c4 #dgajb7bh71 projects for on-airport rail access projects as set forth in ,passenger ,facility ,charge 7,,pfc7 ,update #ge-ba1 and projects for relocating1 reconstructing1 repairing1 or improving an airport-owned air traffic control tower3 ,provided further1 ,that in awarding grants for terminal development projects from funds made available under this heading in this ,act1 the ,secretary shall give consideration to projects that increase capacity and passenger access2 projects that replace aging infrastructure2 projects that achieve compliance with the ,americans with ,disabilities ,act and expand accessibility for persons with disabilities2 projects that improve airport access for historically disadvantaged populations2 projects that improve energy efficiency1 including upgrading environmental systems1 upgrading plant facilities1 and achieving ,leadership in ,energy and ,environmental ,design 7,,leed7 accreditation standards2 projects that improve airfield safety through terminal relocation2 and projects that encourage actual and potential competition3 ,provided further1 ,that the ,federal share of the cost of a project carried out from funds made available under this heading in this ,act shall be #hj percent for large and medium hub airports and #ie percent for small hub1 nonhub1 and nonprimary airports3 ,provided further1 ,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 #dgajd7;a7 of title #di1 ,united ,states ,code3 ,provided further1 ,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 #dgaae7;a7 of title #di1 ,united ,states ,code3 ,provided further1 ,that in making awards from funds made available under this heading in this ,act1 the ,secretary shall provide a preference to projects that achieve a complete development objective1 even if awards for the project must be phased1 and the ,secretary shall prioritize projects that have received partial awards3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each fiscal year shall be for personnel1 contracting and other costs to administer and oversee grants1 of which #a1jjj1jjj 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,highway ,administration ,,highway ,,infrastructure ,,program 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,highway ,infrastructure ,programs1 #dg1bgb1jjj1jjj1 to remain available until expended except as otherwise provided under this heading3 ,provided1 ,that of the amount provided under this heading in this ,act1 #i1ded1djj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #i1ded1djj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #i1ded1djj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #i1ded1djj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #i1ded1djj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the funds made available under this heading in this ,act shall be derived from the general fund of the ,treasury1 shall be in addition to any other amounts made available for such purpose1 and shall not affect the distribution or amount of funds provided in any ,act making annual appropriations3 ,provided further1 ,that1 except for funds provided in paragraph 7#a7 under this heading in this ,act1 up to #a4e percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for operations and administrations of the ,federal ,highway ,administration1 of which #a1jjj1jjj 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 ,act3 ,provided further1 ,that the amounts made available in the preceding proviso may be combined with the funds made available in paragraph 7#a7 under this heading in this ,act for the same purposes in the same account3 ,provided further1 ,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 appropriations3 ,provided further1 ,that1 of the amount provided under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7#a7 #bg1ejj1jjj1jjj shall be for a bridge replacement1 rehabilitation1 preservation1 protection1 and construction program3 ,provided further1 ,that1 except as otherwise provided under this paragraph in this ,act1 the funds made available under this paragraph in this ,act shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code3 ,provided further1 ,that a project funded with funds made available under this paragraph in this ,act shall be treated as a project on a ,federal-aid highway3 ,provided further1 ,that1 of the funds made available under this paragraph in this ,act for a fiscal year1 #c percent shall be set aside to carry out section #bjb7;d7 of title #bc1 ,united ,states ,code3 ,provided further1 ,that funds set aside under the preceding proviso to carry out section #bjb7;d7 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 section3 ,provided further1 ,that for funds set aside under the third proviso of this paragraph in this ,act to carry out section #bjb7;d7 of title #bc1 ,united ,states ,code1 the ,federal share of the costs shall be #ajj percent3 ,provided further1 ,that1 for the purposes of funds made available under this paragraph in this ,act3 7#a7 the term ,state has the meaning given such term in section #aja of title #bc1 ,united ,states ,code2 7#b7 the term off-system bridge means a highway bridge located on a public road1 other than a bridge on a ,federal-aid highway2 and 7#c7 the term ,federal-aid highway means a public highway eligible for assistance under chapter #a of title #bc1 ,united ,states ,code1 other than a highway functionally classified as a local road or rural minor collector3 ,provided further1 ,that up to one-half of one percent of the amounts made available under this paragraph in this ,act in each fiscal year shall be for the administration and operations of the ,federal ,highway ,administration3 ,provided further1 ,that1 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-- 7,a7 #ge 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 ,states2 and 7,b7 #be 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 ,states3 ,provided further1 ,that the amounts calculated under the preceding proviso shall be adjusted such that each ,state receives1 for each of fiscal years #bjbb through #bjbf1 no less than #de1jjj1jjj under such proviso3 ,provided further1 ,that for purposes of the preceding #b provisos1 the ,secretary shall determine replacement and rehabilitation costs based on the average unit costs of bridges from #bjaf through #bjbj1 as submitted by ,states to the ,federal ,highway ,administration1 as required by section #add7;b77#e7 of title #bc1 ,united ,states ,code3 ,provided further1 ,that for purposes of determining the distribution of funds to ,states under this paragraph in this ,act1 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 #ca1 #bjbj3 ,provided further1 ,that1 subject to the following proviso1 funds made available under this paragraph in this ,act that are distributed to ,states shall be used for highway bridge replacement1 rehabilitation1 preservation1 protection1 or construction projects on public roads3 ,provided further1 ,that of the funds made available under this paragraph in this ,act that are distributed to a ,state1 #ae percent shall be set aside for use on off-system bridges for the same purposes as described in the preceding proviso3 ,provided further1 ,that1 except as provided in the following proviso1 for funds made available under this paragraph in this ,act that are distributed to ,states1 the ,federal share shall be determined in accordance with section #abj of title #bc1 ,united ,states ,code3 ,provided further1 ,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 county1 town1 township1 city1 municipality or other local agency1 or federally-recognized ,tribe the ,federal share shall be #ajj percent2 7#b7 #e1jjj1jjj1jjj1 to remain available until expended for amounts made available for each of fiscal years #bjbb through #bjbf1 shall be to carry out a ,national ,electric ,vehicle ,formula ,program 7referred to in this paragraph in this ,act as the ,program7 to provide funding to ,states to strategically deploy electric vehicle charging infrastructure and to establish an interconnected network to facilitate data collection1 access1 and reliability3 ,provided1 ,that funds made available under this paragraph in this ,act shall be used for3 7#a7 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 collection1 access1 and reliability2 7#b7 proper operation and maintenance of electric vehicle charging infrastructure2 and 7#c7 data sharing about electric vehicle charging infrastructure to ensure the long-term success of investments made under this paragraph in this ,act3 ,provided further1 ,that for each of fiscal years #bjbb through #bjbf1 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 7c7 of section #ajd or under section #afe of title #bc1 ,united ,states ,code1 bears to the total base apportionments or allocations for all ,states under subsection 7c7 of section #ajd and section #afe of title #bc1 ,united ,states ,code3 ,provided further1 ,that the ,federal share payable for the cost of a project funded under this paragraph in this ,act shall be #hj percent3 ,provided further1 ,that the ,secretary shall establish a deadline by which a ,state shall provide a plan to the ,secretary1 in such form and such manner that the ,secretary requires 7to be made available on the ,department's website71 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 available3 ,provided further1 ,that1 not later than #abj days after the deadline established in the preceding proviso1 the ,secretary shall make publicly available on the ,department's website and submit to the ,house ,committee on ,transportation and ,infrastructure1 the ,senate ,committee on ,environment and ,public ,works1 and the ,house and ,senate ,committees on ,appropriations1 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 infrastructure3 ,provided further1 ,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 proviso1 or if the ,secretary determines a ,state has not taken action to carry out its plan1 the ,secretary may withhold or withdraw1 as applicable1 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 ,act3 ,provided further1 ,that1 prior to the ,secretary making a determination that a ,state has not taken actions to carry out its plan1 the ,secretary shall notify the ,state1 consult with the ,state1 and identify actions that can be taken to rectify concerns1 and provide at least #ij days for the ,state to rectify concerns and take action to carry out its plan3 ,provided further1 ,that the ,secretary shall provide notice to a ,state on the intent to withhold or withdraw funds not less than #fj days before withholding or withdrawing any funds1 during which time the ,states shall have an opportunity to appeal a decision to withhold or withdraw funds directly to the ,secretary3 ,provided further1 ,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 ,act1 any such funds remaining shall be distributed among other ,states 7except ,states for which funds for that fiscal year have been withheld or withdrawn under the preceding proviso7 in the same manner as funds distributed for that fiscal year under the second proviso under this paragraph in this ,act1 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 proviso3 ,provided further1 ,that funds distributed under the preceding proviso shall only be available to carry out this paragraph in this ,act3 ,provided further1 ,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 paragraph3 ,provided further1 ,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 company3 ,provided further1 ,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 corridor3 ,provided further1 ,that no later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall develop guidance for ,states and localities to strategically deploy electric vehicle charging infrastructure1 consistent with this paragraph in this ,act3 ,provided further1 ,that the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy1 shall consider the following in developing the guidance described in the preceding proviso3 7#a7 the distance between publicly available electric vehicle charging infrastructure2 7#b7 connections to the electric grid1 including electric distribution upgrades2 vehicle-to-grid integration1 including smart charge management or other protocols that can minimize impacts to the grid2 alignment with electric distribution interconnection processes1 and plans for the use of renewable energy sources to power charging and energy storage2 7#c7 the proximity of existing off-highway travel centers1 fuel retailers1 and small businesses to electric vehicle charging infrastructure acquired or funded under this paragraph in this ,act2 7#d7 the need for publicly available electric vehicle charging infrastructure in rural corridors and underserved or disadvantaged communities2 7#e7 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 infrastructure2 7#f7 existing private1 national1 ,state1 local1 ,tribal1 and territorial government electric vehicle charging infrastructure programs and incentives2 7#g7 fostering enhanced1 coordinated1 public-private or private investment in electric vehicle charging infrastructure2 7#h7 meeting current and anticipated market demands for electric vehicle charging infrastructure1 including with regard to power levels and charging speed1 and minimizing the time to charge current and anticipated vehicles2 and 7#i7 any other factors1 as determined by the ,secretary3 ,provided further1 ,that if a ,state determines1 and the ,secretary certifies1 that the designated alternative fuel corridors in the ,states are fully built out1 then the ,state may use funds provided under this paragraph for electric vehicle charging infrastructure on any public road or in other publically accessible locations1 such as parking facilities at public buildings1 public schools1 and public parks1 or in publically accessible parking facilities owned or managed by a private entity3 ,provided further1 ,that subject to the minimum standards and requirements established under the following proviso1 funds made available under this paragraph in this ,act may be used for3 7#a7 the acquisition or installation of electric vehicle charging infrastructure2 7#b7 operating assistance for costs allocable to operating and maintaining electric vehicle charging infrastructure acquired or installed under this paragraph in this ,act1 for a period not to exceed five years2 7#c7 the acquisition or installation of traffic control devices located in the right-of-way to provide directional information to electric vehicle charging infrastructure acquired1 installed1 or operated under this paragraph in this ,act2 7#d7 on-premises signs to provide information about electric vehicle charging infrastructure acquired1 installed1 or operated under this paragraph in this ,act2 7#e7 development phase activities relating to the acquisition or installation of electric vehicle charging infrastructure1 as determined by the ,secretary2 or 7#f7 mapping and analysis activities to evaluate1 in an area in the ,united ,states designated by the eligible entity1 the locations of current and future electric vehicle owners1 to forecast commuting and travel patterns of electric vehicles and the quantity of electricity required to serve electric vehicle charging stations1 to estimate the concentrations of electric vehicle charging stations to meet the needs of current and future electric vehicle drivers1 to estimate future needs for electric vehicle charging stations to support the adoption and use of electric vehicles in shared mobility solutions1 such as micro-transit and transportation network companies1 and to develop an analytical model to allow a city1 county1 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 stations3 ,provided further1 ,that not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation1 in coordination with the ,secretary of ,energy and in consultation with relevant stakeholders1 shall1 as appropriate1 develop minimum standards and requirements related to3 7#a7 the installation1 operation1 or maintenance by qualified technicians of electric vehicle charging infrastructure under this paragraph in this ,act2 7#b7 the interoperability of electric vehicle charging infrastructure under this paragraph in this ,act2 7#c7 any traffic control device or on-premises sign acquired1 installed1 or operated under this paragraph in this ,act2 7#d7 any data requested by the ,secretary related to a project funded under this paragraph in this ,act1 including the format and schedule for the submission of such data2 7#e7 network connectivity of electric vehicle charging infrastructure2 and 7#f7 information on publicly available electric vehicle charging infrastructure locations1 pricing1 real-time availability1 and accessibility through mapping applications3 ,provided further1 ,that not later than #a year after the date of enactment of this ,act1 the ,secretary shall designate national electric vehicle charging corridors that identify the near- and long-term need for1 and the location of1 electric vehicle charging infrastructure to support freight and goods movement at strategic locations along major national highways1 the ,national ,highway ,freight ,network established under section #afg of title #bc1 ,united ,states ,code1 and goods movement locations including ports1 intermodal centers1 and warehousing locations3 ,provided further1 ,that the report issued under section #aea7;e7 of title #bc1 ,united ,states ,code1 shall include a description of efforts to achieve strategic deployment of electric vehicle charging infrastructure in electric vehicle charging corridors1 including progress on the implementation of the ,program under this paragraph in this ,act3 ,provided further1 ,that1 for fiscal year #bjbb1 before distributing funds made available under this paragraph in this ,act to ,states1 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 #cjj1jjj1jjj1 which may be transferred to the ,joint ,office described in the twenty-fourth proviso of this paragraph in this ,act1 to establish such ,joint ,office and carry out its duties under this paragraph in this ,act3 ,provided further1 ,that1 for each of fiscal years #bjbb through #bjbf1 after setting aside funds under the preceding proviso1 and before distributing funds made available under this paragraph in this ,act to ,states1 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 #aj percent for grants to ,states or localities that require additional assistance to strategically deploy electric vehicle charging infrastructure3 ,provided further1 ,that not later than #a year after the date of enactment of this ,act1 the ,secretary shall establish a grant program to administer to ,states or localities the amounts set aside under the preceding proviso3 ,provided further1 ,that1 except as otherwise specified under this paragraph in this ,act1 funds made available under this paragraph in this ,act1 other than funds transferred under the nineteenth proviso of this paragraph in this ,act to the ,joint ,office1 shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code3 ,provided further1 ,that funds made available under this paragraph in this ,act shall not be transferable under section #abf of title #bc1 ,united ,states ,code3 ,provided further1 ,that there is established a ,joint ,office of ,energy and ,transportation 7referred to in this paragraph in this ,act as the ,joint ,office7 in the ,department of ,transportation and the ,department of ,energy to study1 plan1 coordinate1 and implement issues of joint concern between the two agencies1 which shall include3 7#a7 technical assistance related to the deployment1 operation1 and maintenance of zero emission vehicle charging and refueling infrastructure1 renewable energy generation1 vehicle-to-grid integration1 including microgrids1 and related programs and policies2 7#b7 data sharing of installation1 maintenance1 and utilization in order to continue to inform the network build out of zero emission vehicle charging and refueling infrastructure2 7#c7 performance of a national and regionalized study of zero emission vehicle charging and refueling infrastructure needs and deployment factors1 to support grants for community resilience and electric vehicle integration2 7#d7 development and deployment of training and certification programs2 7#e7 establishment and implementation of a program to promote renewable energy generation1 storage1 and grid integration1 including microgrids1 in transportation rights-of-way2 7#f7 studying1 planning1 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 ,system2 7#g7 research1 strategies1 and actions under the ,departments' statutory authorities to reduce transportation-related emissions and mitigate the effects of climate change2 7#h7 development of a streamlined utility accommodations policy for high-voltage and medium-voltage transmission in the transportation right-of-way2 and 7#i7 any other issues that the ,secretary of ,transportation and the ,secretary of ,energy identify as issues of joint interest3 ,provided further1 ,that the ,joint ,office of ,energy and ,transportation shall establish and maintain a public database1 accessible on both ,department of ,transportation and ,department of ,energy websites1 that includes3 7#a7 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 stations2 7#b7 potential locations for electric vehicle charging stations identified by eligible entities through the program2 and 7#c7 the ability to sort generated results by various characteristics with respect to electric vehicle charging stations1 including location1 in terms of the ,state1 city1 or county2 status 7operational1 under construction1 or planned72 and charging type1 in terms of ,level #b charging equipment or ,direct ,current ,fast ,charging ,equipment3 ,provided further1 ,that the ,secretary of ,transportation and the ,secretary of ,energy shall cooperatively administer the ,joint ,office consistent with this paragraph in this ,act3 ,provided further1 ,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 account3 ,provided further1 ,that the ,secretary of ,transportation and the ,secretary of ,energy shall notify the ,house and ,senate ,committees on ,appropriations not less than #ae days prior to transferring any funds under the previous proviso3 ,provided further1 ,that for the purposes of funds made available under this paragraph in this ,act3 7#a7 the term ,state has the meaning given such term in section #aja of title #bc1 ,united ,states ,code2 and 7#b7 the term ,federal-aid highway means a public highway eligible for assistance under chapter #a of title #bc1 ,united ,states ,code1 other than a highway functionally classified as a local road or rural minor collector3 ,provided further1 ,that1 of the funds made available in this division or division ,a of this ,act for the ,federal lands transportation program under section #bjc of title #bc1 ,united ,states ,code1 not less than #g1jjj1jjj shall be made available for each ,federal agency otherwise eligible to compete for amounts made available under that section for each of fiscal years #bjbb through #bjbf2 7#c7 #c1bjj1jjj1jjj shall be to carry out the ,nationally ,significant ,freight and ,highway ,projects program under section #aag of title #bc1 ,united ,states ,code2 7#d7 #i1bce1jjj1jjj shall be to carry out the ,bridge ,investment ,program under section #abd of title #bc1 ,united ,states ,code3 ,provided1 ,that1 of the funds made available under this paragraph in this ,act for a fiscal year1 #bj1jjj1jjj shall be set aside to carry out section #bjb7;d7 of title #bc1 ,united ,states ,code3 ,provided further1 ,that1 of the funds made available under this paragraph in this ,act for a fiscal year1 #bj1jjj1jjj shall be set aside to provide grants for planning1 feasibility analysis1 and revenue forecasting associated with the development of a project that would subsequently be eligible to apply for assistance under this paragraph3 ,provided further1 ,that funds set aside under the first proviso of this paragraph in this ,act to carry out section #bjb7;d7 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 section3 ,provided further1 ,that for funds set aside under the first proviso of this paragraph in this ,act to carry out section #bjb7;d7 of title #bc1 ,united ,states ,code1 the ,federal share of the costs shall be #ajj percent2 7#e7 #aej1jjj1jjj shall be to carry out the ,reduction of ,truck ,emissions at ,port ,facilities ,program under section #aadjb of division ,a of this ,act3 ,provided1 ,that1 except as otherwise provided in section #aadjb of division ,a of this ,act1 the funds made available under this paragraph in this ,act shall be administered as if apportioned under chapter #a of title #bc1 ,united ,states ,code2 7#f7 #ie1jjj1jjj1 to remain available until expended for amounts made available for each of fiscal years #bjbb through #bjbf1 shall be to carry out the ,university ,transportation ,centers ,program under section #eeje of title #di1 ,united ,states ,code2 7#g7 #ejj1jjj1jjj1 to remain available until expended for amounts made available for each of fiscal years #bjbb through #bjbf1 shall be to carry out the ,reconnecting ,communities ,pilot ,program 7referred to under this paragraph in this ,act as the pilot program7 under section #aaeji of division ,a of this ,act1 of which #ajj1jjj1jjj shall be for planning grants under section #aaeji7;c7 of division ,a of this ,act and of which #djj1jjj1jjj shall be available for capital construction grants under section #aaeji7;d7 of division ,a of this ,act3 ,provided1 ,that of the amounts made available under this paragraph in this ,act for section #aaeji7;c7 of division ,a of this ,act1 the ,secretary may use not more than #ae1jjj1jjj during the period of fiscal years #bjbb through #bjbf to provide technical assistance under section #aaeji7;c77#c7 of division ,a of this ,act3 ,provided further1 ,that1 except as otherwise provided in section #aaeji of division ,a of this ,act1 amounts made available under this paragraph in this ,act shall be administered as if made available under chapter #a of title #bc1 ,united ,states ,code2 7#h7 #cdb1jjj1jjj1 to remain available until expended for amounts made available for each of fiscal years #bjbb through #bjbf1 shall be to carry out the ,construction of ,ferry ,boats and ,ferry ,terminal ,facilities program under section #adg of title #bc1 ,united ,states ,code3 ,provided1 ,that amounts made available under this paragraph in this ,act shall be administered as if made available under section #adg of title #bc1 ,united ,states ,code2 and 7#i7 #a1bej1jjj1jjj1 to remain available until expended for amounts made available for each of fiscal years #bjbb through #bjbf1 shall be for construction of the ,appalachian ,development ,highway ,system as authorized under section #ajfi7y7 of ,public ,law #ajb-bdj3 ,provided1 ,that1 for the purposes of funds made available under this paragraph in this ,act for construction of the ,appalachian ,development ,highway ,system1 the term ,appalachian ,state means a ,state that contains #a or more counties 7including any political subdivision located within the area7 in the ,appalachian region1 as defined in section #adajb7;a7 of title #dj1 ,united ,states ,code3 ,provided further1 ,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 #a of title #bc1 ,united ,states ,code1 except that3 7#a7 the ,federal share of the cost of any project carried out with those amounts shall be determined in accordance with section #adeja of title #dj1 ,united ,states ,code2 and 7#b7 the amounts shall be available to construct highways and access roads under section #adeja of title #dj1 ,united ,states ,code3 ,provided further1 ,that1 subject to the following two provisos1 in consultation with the ,appalachian ,regional ,commission1 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 #bjba ,appalachian ,development ,highway ,system ,cost-to-,complete ,estimate1 dated ,march #bjba1 and confirmed as each ,appalachian ,state's relative share of the estimated remaining need to complete the ,appalachian ,development ,highway ,system1 adjusted to exclude those corridors that such ,states have no current plans to complete1 as reported in the #bjac ,appalachian ,development ,highway ,system ,completion ,report1 unless those ,states have modified and assigned a higher priority for completion of an ,appalachian ,development ,highway ,system corridor1 as reported in the #bjbj ,appalachian ,development ,highway ,system ,future ,outlook3 ,provided further1 ,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 #cj percent of the amount made available for construction of the ,appalachian ,development ,highway ,system under this heading3 ,provided further1 ,that the ,secretary shall adjust apportionments made under the third proviso in this paragraph in this ,act so that3 7#a7 each ,state shall be apportioned an amount not less than #aj1jjj1jjj for each of fiscal years #bjbb through #bjbf2 and 7#b7 notwithstanding paragraph 7#a7 of this proviso1 a ,state shall not receive an apportionment that exceeds the remaining funds needed to complete the ,appalachian development highway corridor or corridors in the ,state1 as identified in the latest available cost to complete estimate for the system prepared by the ,appalachian ,regional ,commission3 ,provided further1 ,that the ,federal share of the cost of any project carried out with funds made available under this paragraph in this ,act shall be up to #ajj percent1 as determined by the ,state3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,motor ,carrier ,safety ,administration ,,motor ,,carrier ,,safety ,,operations ,,and ,,program ,for an additional amount for ,motor ,carrier ,safety ,operations and ,program1 #ej1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out motor carrier safety operations and programs pursuant to section #caaaj of title #di1 ,united ,states ,code1 in addition to amounts otherwise provided for such purpose3 ,provided1 ,that #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #aj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury1 shall be in addition to any other amounts made available for such purpose1 and shall not affect the distribution or amount of funds provided in any ,act making annual appropriations3 ,provided further1 ,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 appropriations3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,motor ,,carrier ,,safety ,,grants ,for an additional amount for ,motor ,carrier ,safety ,grants1 #fbb1ejj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out sections #caajb1 #caajc1 #caajd1 and #cacac of title #di1 ,united ,states ,code1 in addition to amounts otherwise provided for such purpose3 ,provided1 ,that #abd1ejj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #abd1ejj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #abd1ejj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #abd1ejj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #abd1ejj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that1 of the amounts provided under this heading in this ,act1 the following amounts shall be available for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7#a7 up to #djj1jjj1jjj shall be for the motor carrier safety assistance program2 7#b7 up to #hj1jjj1jjj shall be for the commercial driver's license program implementation program2 7#c7 up to #acb1ejj1jjj shall be for the high priority activities program2 and 7#d7 up to #aj1jjj1jjj shall be for commercial motor vehicle operators grants3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury1 shall be in addition to any other amounts made available for such purpose1 and shall not affect the distribution or amount of funds provided in any ,act making annual appropriations3 ,provided further1 ,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 appropriations3 ,provided further1 ,that up to #a4e percent of the amounts made available under this heading in this ,act in each fiscal year shall be for oversight and administration3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,national ,highway ,traffic ,safety ,administration ,,crash ,,data 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,crash ,data1 #gej1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out section #bdajh of division ,b of this ,act3 ,provided1 ,that #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #aej1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that up to #c percent of the amounts made available under this heading in this ,act in each of fiscal years #bjbb through #bjbf shall be for salaries and expenses1 administration1 and oversight1 and shall be transferred and merged with the appropriations under the heading ,operations and ,research3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,house and ,senate ,committees on ,appropriations a funding allocation plan for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,transportation shall submit a funding allocation plan for funding that will be made available under this heading in the upcoming fiscal year3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,vehicle ,,safety ,,and ,,behavioral ,,research ,,programs 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,vehicle ,safety and ,behavioral ,research ,programs1 #edh1ejj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out the provisions of section #djc of title #bc1 ,united ,states ,code1 including behavioral research on ,automated ,systems and ,advanced ,driver ,assistance ,systems and improving consumer responses to safety recalls1 and chapter #cjc of title #di1 ,united ,states ,code1 in addition to amounts otherwise provided for such purpose3 ,provided1 ,that #aji1gjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #aji1gjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #aji1gjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #aji1gjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #aji1gjj1jjj to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,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 appropriations3 ,provided further1 ,that of the amounts made available under this heading in this ,act1 up to #cej1jjj1jjj may be transferred to ,operations and ,research to carry out traffic and highway safety authorized under chapter #cja and part ,c of subtitle ,,vi of title #di1 ,united ,states ,code3 ,provided further1 ,that not later than #ij days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,house and ,senate ,committees on ,appropriations a funding allocation for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,transportation shall submit a funding allocation for funding that will be made available under this heading in the upcoming fiscal year3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,supplemental ,,highway ,,traffic ,,safety ,,programs ,for an additional amount for ,supplemental ,highway ,traffic ,safety ,programs1 #caj1jjj1jjj1 to remain available until ,september #cj1 #bjbi1 to carry out sections #djb and #dje of title #bc1 ,united ,states ,code1 and section #bdaja7;a77#e7 of division ,b of this ,act3 ,provided1 ,that #fb1jjj1jjj1 to remain available until ,september #cj1 #bjbe1 shall be made available for fiscal year #bjbb1 #fb1jjj1jjj1 to remain available until ,september #cj1 #bjbf1 shall be made available for fiscal year #bjbc1 #fb1jjj1jjj1 to remain available until ,september #cj1 #bjbg1 shall be made available for fiscal year #bjbd1 #fb1jjj1jjj1 to remain available until ,september #cj1 #bjbh1 shall be made available for fiscal year #bjbe1 and #fb1jjj1jjj to remain available until ,september #cj1 #bjbi1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,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 appropriations3 ,provided further1 ,that1 of the amounts provided under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf3 7#a7 #ajj1jjj1jjj shall be for highway safety programs under section #djb of title #bc1 ,united ,states ,code2 7#b7 #aaj1jjj1jjj shall be for national priority safety programs under section #dje of title #bc1 ,united ,states ,code2 and 7#c7 #ajj1jjj1jjj shall be for administrative expenses under section #bdaja7;a77#e7 of division ,b of this ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and pursuant to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,federal ,railroad ,administration ,,consolidated ,,rail ,,infrastructure ,,and ,,safety ,,improvements ,for an additional amount for ,consolidated ,rail ,infrastructure and ,safety ,improvements1 #e1jjj1jjj1jjj1 to remain available until expended1 for competitive grants1 as authorized under section #bbijg of title #di1 ,united ,states ,code3 ,provided1 ,that #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1jjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the ,secretary may withhold up to #b 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 #bbijg of title #di1 ,united ,states ,code3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,northeast ,,corridor ,,grants ,,to ,,the ,,national ,,railroad ,,passenger ,,corporation 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,northeast ,corridor ,grants to the ,national ,railroad ,passenger ,corporation1 #f1jjj1jjj1jjj1 to remain available until expended1 for activities associated with the ,northeast ,corridor1 as authorized by section #bbaja7;a7 of division ,b of this ,act3 ,provided1 ,that #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 stock1 facilities1 stations1 and infrastructure3 ,provided further1 ,that amounts made available under this heading in this ,act shall be made available for the following capital projects-- 7#a7 acquiring new passenger rolling stock for the replacement of single-level passenger cars used in ,amtrak's ,northeast ,corridor services1 and associated rehabilitation1 upgrade1 and expansion of facilities used to maintain and store such equipment2 7#b7 bringing ,amtrak-served stations to full compliance with the ,americans with ,disabilities ,act2 7#c7 eliminating the backlog of deferred capital work on sole-benefit ,amtrak-owned assets located on the ,northeast ,corridor2 or 7#d7 carrying out ,northeast ,corridor capital renewal backlog projects3 ,provided further1 ,that not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations under the preceding proviso to be funded for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,transportation shall submit a detailed spend plan for that fiscal year1 including a list of project locations under the third proviso3 ,provided further1 ,that amounts made available under this heading in this ,act shall be in addition to other amounts made available for such purposes1 including to enable the ,secretary of ,transportation to make or amend existing grants to ,amtrak for activities associated with the ,northeast ,corridor1 as authorized by section #bbaja7;a7 of division ,b of this ,act3 ,provided further1 ,that amounts made available under this heading in this ,act may be used by ,amtrak to fund1 in whole or in part1 the capital costs of ,northeast ,corridor capital renewal backlog projects1 including the costs of joint public transportation and intercity passenger rail capital projects1 notwithstanding the limitations in section #bdcai7;g7 and section #bdije7;c7 of title #di1 ,united ,states ,code3 ,provided further1 ,that notwithstanding section #bdiaa7;f7 of title #di1 ,united ,states ,code1 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 ,act3 ,provided further1 ,that the ,secretary may retain up to one half of #a 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 ,amtrak1 as authorized by section #bbaja7;c7 of division ,b of this ,act3 ,provided further1 ,that in addition to the oversight funds authorized under section #bbaja7;c7 of division ,b of this ,act1 the ,secretary may retain up to #e1jjj1jjj of the funds made available under this heading in this ,act for each fiscal year for the ,northeast ,corridor ,commission established under section #bdije of title #di1 ,united ,states ,code1 to facilitate a coordinated and efficient delivery of projects carried out under this heading in this ,act3 ,provided further1 ,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 heading3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,national ,,network ,,grants ,,to ,,the ,,national ,,railroad ,,passenger ,,corporation 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,national ,network ,grants to the ,national ,railroad ,passenger ,corporation1 #af1jjj1jjj1jjj1 to remain available until expended1 for activities associated with the ,national ,network1 as authorized by section #bbaja7;b7 of division ,b of this ,act3 ,provided1 ,that #c1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #c1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #c1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #c1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #c1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,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 stock1 facilities1 stations and infrastructure1 including-- 7#a7 acquiring new passenger rolling stock to replace obsolete passenger equipment used in ,amtrak's long-distance and state-supported services1 and associated rehabilitation1 upgrade1 or expansion of facilities used to maintain and store such equipment2 7#b7 bringing ,amtrak-served stations to full compliance with the ,americans with ,disabilities ,act2 7#c7 eliminating the backlog of deferred capital work on ,amtrak-owned railroad assets not located on the ,northeast ,corridor2 and 7#d7 projects to eliminate the backlog of obsolete assets associated with ,amtrak's national rail passenger transportation system1 such as systems for reservations1 security1 training centers1 and technology3 ,provided further1 ,that not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,transportation shall submit to the ,house and ,senate ,committees on ,appropriations a detailed spend plan1 including a list of project locations under the preceding proviso to be funded for fiscal year #bjbb3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 the ,secretary of ,transportation shall submit a detailed spend plan for that fiscal year1 including a list of project locations under the third proviso3 ,provided further1 ,that of the amounts made available under this heading in this ,act1 and in addition to amounts made available for similar purposes under this heading in prior ,acts1 ,amtrak shall use such amounts as necessary for the replacement of single-level passenger cars and associated rehabilitation1 upgrade1 and expansion of facilities used to maintain and store such passenger cars1 and such amounts shall be for its direct costs and in lieu of payments from ,states for such purposes1 notwithstanding section #bji of the ,passenger ,rail ,investment and ,improvement ,act of #bjjh 7,public ,law #aaj-dcb71 as amended3 ,provided further1 ,that amounts made available under this heading in this ,act shall be in addition to other amounts made available for such purposes1 including to enable the ,secretary of ,transportation to make or amend existing grants to ,amtrak for activities associated with the ,national ,network1 as authorized by section #bbaja7;b7 of division ,b of this ,act3 ,provided further1 ,that in addition to the oversight funds authorized under section #bbaja7;c7 of division ,b of this ,act1 the ,secretary may retain up to #c1jjj1jjj of the funds made available under this heading in this ,act for each fiscal year for the ,state-,supported ,route ,committee established under section #bdgab7;a7 of title #di1 ,united ,states ,code3 ,provided further1 ,that of the funds made available under this heading in this ,act1 the ,secretary may retain up to #c1jjj1jjj for each fiscal year for interstate rail compact grants1 as authorized by section #bbiaj of title #di1 ,united ,states ,code3 ,provided further1 ,that of the funds made available under this heading in this ,act1 not less than #ej1jjj1jjj for each fiscal year shall be used to make grants1 as authorized under section #bbijh of title #di ,united ,states ,code consistent with the requirements of that section3 ,provided further1 ,that of the amounts made available under this heading in this ,act1 such sums as are necessary1 shall be available for purposes authorized in section #bbbad of division ,b of this ,act3 ,provided further1 ,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 heading3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,railroad ,,crossing ,,elimination ,,program ,for an additional amount for ,railroad ,crossing ,elimination ,program1 #c1jjj1jjj1jjj1 to remain available until expended1 for competitive grants1 as authorized under section #bbiji of title #di1 ,united ,states ,code3 ,provided1 ,that #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the ,secretary may withhold up to #b 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 #bbiji of title #di1 ,united ,states ,code3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,federal-,,state ,,partnership ,,for ,,intercity ,,passenger ,,rail ,,grants ,for an additional amount for ,federal-,state ,partnership for ,intercity ,passenger ,rail ,grants1 #cf1jjj1jjj1jjj1 to remain available until expended1 for grants1 as authorized section #bdiaa of title #di1 ,united ,states ,code3 ,provided1 ,that #g1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #g1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #g1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #g1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #g1bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that1 notwithstanding subsection #bdiaa7;d77#c7 of title #di1 ,united ,states ,code1 not more than #bd1jjj1jjj1jjj of the amounts made available under this heading in this ,act for fiscal years #bjbb through #bjbf shall be for projects for the ,northeast ,corridor3 ,provided further1 ,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 #bdiaa of title #di1 ,united ,states ,code1 after the date of enactment of this ,act1 notwithstanding subsection #bdiaa7;f7 of such title3 ,provided further1 ,that the ,secretary may withhold up to #b 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 #bdiaa of title #di1 ,united ,states ,code3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,administrative ,,provisions--,,federal ,,railroad ,,administration 7,,including ,,transfer ,,of ,,funds7 #hjb4 ,amounts made available to the ,secretary of ,transportation or to the ,federal ,railroad ,administration in this title in this ,act for the costs of award1 administration1 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 account1 to remain available until expended1 for the necessary expenses to support the award1 administration1 project management oversight1 and technical assistance of programs administered by the ,federal ,railroad ,administration under this ,act3 ,provided1 ,that one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that one-quarter of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years #bjbb through #bjbf 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 ,act4 ,federal ,transit ,administration ,,transit ,,infrastructure ,,grants 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,transit ,infrastructure ,grants1 #aj1bej1jjj1jjj1 to remain available until expended3 ,provided1 ,that #b1jej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #b1jej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #b1jej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #b1jej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #b1jej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the funds made available under this heading in this ,act shall be derived from the general fund of the ,treasury1 shall be in addition to any other amounts made available for such purpose1 and shall not affect the distribution of funds provided in any ,act making annual appropriations3 ,provided further1 ,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 appropriations3 ,provided further1 ,that1 of the amount provided under this heading in this ,act1 the following amounts shall be for the following purposes in equal amounts for each of fiscal years #bjbb through #bjbf-- 7#a7 #d1gej1jjj1jjj shall be to carry out the state of good repair grants under section #eccg7;c7 and 7d7 of title #di1 ,united ,states ,code2 7#b7 #e1bej1jjj1jjj shall be to carry out the low or no emission grants under section #ecci7;c7 of title #di1 ,united ,states ,code2 and 7#c7 #bej1jjj1jjj shall be to carry out the formula grants for the enhanced mobility of seniors and individuals with disabilities as authorized under section #ecaj of title #di1 ,united ,states ,code3 ,provided further1 ,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 #eccd and section #ecch7;c7 of title #di1 ,united ,states ,code1 and shall be in addition to any other appropriations for such purpose3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,capital ,,investment ,,grants 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,capital ,investment ,grants1 #h1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #a1fjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that not more than #ee percent of the funds made available under this heading in this ,act in each fiscal year may be available for projects authorized under section #ecji7;d7 of title #di1 ,united ,states ,code3 ,provided further1 ,that not more than #bj percent of the funds made available under this heading in this ,act in each fiscal year may be available for projects authorized under section #ecji7;e7 of title #di1 ,united ,states ,code3 ,provided further1 ,that not more than #ae percent of the funds made available under this heading in this ,act in each fiscal year may be available for projects authorized under section #ecji7;h7 of title #di1 ,united ,states ,code3 ,provided further1 ,that not more than #aj percent of the funds made available under this heading in this ,act in each fiscal year may be available for projects authorized under section #cjje7;b7 of the ,fixing ,america's ,surface ,transportation ,act3 ,provided further1 ,that the ,secretary may adjust the percentage limitations in any of the preceding four provisos by up to #e percent in each fiscal year for which funds are made available under this heading in this ,act only when there are unobligated carry over balances from funds provided for section #ecji7;d71 section #ecji7;e71 or section #ecji7;h7 of title #di1 ,united ,states ,code1 or section #cjje7;b7 of the ,fixing ,america's ,transportation ,act that are equal to or greater than amounts provided under this heading in this ,act3 ,provided further1 ,that for each fiscal year through #bjbf1 as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 year1 including project locations and proposed funding amounts consistent with the projects ,full ,funding ,grant ,agreement annual funding profile where applicable3 ,provided further1 ,that funds allocated to any project during fiscal years #bjae or #bjag pursuant to section #ecji of title #di1 ,united ,states ,code1 shall remain allocated to that project through fiscal year #bjbc3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,all ,,stations ,,accessibility ,,program 7,including ,transfer of ,funds7 ,for an additional amount for ,all ,stations ,accessibility ,program1 #a1gej1jjj1jjj1 to remain available until expended1 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 disabilities1 including those who use wheelchairs1 by increasing the number of existing 7as of the date of enactment of this ,act7 stations or facilities for passenger use that meet or exceed the new construction standards of title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq473 ,provided1 ,that #cej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #cej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #cej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #cej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #cej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that the funds made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,that eligible entities under this heading in this ,act shall include a ,state or local government authority3 ,provided further1 ,that an eligible entity may use a grant awarded under this heading in this ,act3 7#a7 for a project to repair1 improve1 modify1 retrofit1 or relocate infrastructure of stations or facilities for passenger use1 including load-bearing members that are an essential part of the structural frame2 or 7#b7 to develop or modify a plan for pursuing public transportation accessibility projects1 assessments of accessibility1 or assessments of planned modifications to stations or facilities for passenger use3 ,provided further1 ,that eligible entities are encouraged to consult with appropriate stakeholders and the surrounding community to ensure accessibility for individuals with disabilities1 including accessibility for individuals with physical disabilities1 including those who use wheelchairs1 accessibility for individuals with sensory disabilities1 and accessibility for individuals with intellectual or developmental disabilities3 ,provided further1 ,that all projects shall at least meet the new construction standards of title ,,ii of the ,americans with ,disabilities ,act of #aiij3 ,provided further1 ,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 proviso3 ,provided further1 ,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 disabilities1 including individuals who use wheelchairs1 consistent with current 7as of the date of the upgrade7 new construction standards under title ,,ii of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abaca et seq473 ,provided further1 ,that a grant for a project made with amounts made available under this heading in this ,act shall be for #hj percent of the net project cost3 ,provided further1 ,that the total ,federal financial assistance available under chapter #ec of title #di1 ,united ,states ,code1 for an eligible entity that receives a grant awarded under this heading in this ,act may not exceed #hj percent3 ,provided further1 ,that the recipient of a grant made with amounts made available under this heading in this ,act may provide additional local matching amounts3 ,provided further1 ,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 #eccd and section #ecch7;c7 of title #di1 ,united ,states ,code1 and shall be in addition to any other appropriations for such purpose3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,electric ,,or ,,low-,,emitting ,,ferry ,,program 7,,including ,,transfer ,,of ,,funds7 ,for competitive grants for electric or low-emitting ferry pilot program grants as authorized under section #gaajb of division ,g of this ,act1 #bej1jjj1jjj1 to remain available until expended3 ,provided1 ,that #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #ej1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,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 appropriations3 ,provided further1 ,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 #eccd and section #ecch7;c7 of title #di1 ,united ,states ,code1 and shall be in addition to any other appropriations for such purpose3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,ferry ,,service ,,for ,,rural ,,communities 7,,including ,,transfer ,,of ,,funds7 ,for competitive grants to ,states for eligible essential ferry service as authorized under section #gaajc of division ,g of this ,act1 #a1jjj1jjj1jjj1 to remain available until expended3 ,provided1 ,that #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until expended1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that amounts made available under this heading in this ,act shall be derived from the general fund of the ,treasury3 ,provided further1 ,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 appropriations3 ,provided further1 ,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 #eccd and section #ecch7;c7 of title #di1 ,united ,states ,code1 and shall be in addition to any other appropriations for such purpose3 ,provided further1 ,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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,maritime ,administration ,,operations ,,and ,,training ,for an additional amount for ,operations and ,training1 #be1jjj1jjj1 to remain available until ,september #cj1 #bjcb1 for the ,america's ,marine ,highway ,program to make grants for the purposes authorized under sections #eefja7;b77#a7 and 7#c7 of title #df1 ,united ,states ,code3 ,provided1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,,port ,,infrastructure ,,development ,,program ,for an additional amount for ,port ,infrastructure ,development ,program1 #b1bej1jjj1jjj1 to remain available until ,september #cj1 #bjcf3 ,provided1 ,that #dej1jjj1jjj1 to remain available until ,september #cj1 #bjcb1 shall be made available for fiscal year #bjbb1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjcc1 shall be made available for fiscal year #bjbc1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjcd1 shall be made available for fiscal year #bjbd1 #dej1jjj1jjj1 to remain available until ,september #cj1 #bjce1 shall be made available for fiscal year #bjbe1 and #dej1jjj1jjj1 to remain available until ,september #cj1 #bjcf1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that for the purposes of amounts made available under this heading in this ,act and in prior ,acts1 and in addition to projects already eligible for awards under this heading1 eligible projects1 as defined under section #ejcjb7;c77#c7 of title #df1 ,united ,states ,code1 shall also include projects that improve the resiliency of ports to address sea-level rise1 flooding1 extreme weather events1 earthquakes1 and tsunami inundation1 as well as projects that reduce or eliminate port-related criteria pollutant or greenhouse gas emissions1 including projects for-- 7#a7 ,port electrification or electrification master planning2 7#b7 ,harbor craft or equipment replacements_/retrofits2 7#c7 ,development of port or terminal micro-grids2 7#d7 ,providing idling reduction infrastructure2 7#e7 ,purchase of cargo handling equipment and related infrastructure2 7#f7 ,worker training to support electrification technology2 7#g7 ,installation of port bunkering facilities from ocean-going vessels for fuels2 7#h7 ,electric vehicle charge or hydrogen refueling infrastructure for drayage1 and medium or heavy duty trucks and locomotives that service the port and related grid upgrades2 or 7#i7 ,other related to port activities including charging infrastructure1 electric rubber-tired gantry cranes1 and anti-idling technologies3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,pipeline and ,hazardous ,materials ,safety ,administration ,,natural ,,gas ,,distribution ,,infrastructure ,,safety ,,and ,,modernization ,,grant ,,program 7,,including ,,transfer ,,of ,,funds7 ,for an additional amount for ,natural ,gas ,distribution ,infrastructure ,safety and ,modernization ,grant ,program1 #a1jjj1jjj1jjj1 to remain available until expended for the ,secretary of ,transportation to make competitive grants for the modernization of natural gas distribution pipelines3 ,provided1 ,that #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjcb1 shall be made available for fiscal year #bjbb1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjcc1 shall be made available for fiscal year #bjbc1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjcd1 shall be made available for fiscal year #bjbd1 #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjce1 shall be made available for fiscal year #bjbe1 and #bjj1jjj1jjj1 to remain available until ,september #cj1 #bjcf1 shall be made available for fiscal year #bjbf3 ,provided further1 ,that grants from funds made available under this heading in this ,act shall be available to a municipality or community owned utility 7not including for-profit entities7 to repair1 rehabilitate1 or replace its natural gas distribution pipeline system or portions thereof or to acquire equipment to 7#a7 reduce incidents and fatalities and 7#b7 avoid economic losses3 ,provided further1 ,that in making grants from funds made available under this heading in this ,act1 the ,secretary shall establish procedures for awarding grants that take into consideration the following3 7#a7 the risk profile of the existing pipeline system operated by the applicant1 including the presence of pipe prone to leakage2 7#b7 the potential of the project for creating jobs2 7#c7 the potential for benefiting disadvantaged rural and urban communities2 and 7#d7 economic impact or growth3 ,provided further1 ,that the ,secretary shall not award more than #ab4e percent of the funds available under this heading to a single municipality or community-owned utility3 ,provided further1 ,that the ,secretary shall issue a notice of funding opportunity not later than #ahj days after each date upon which funds are made available under the first proviso3 ,provided further1 ,that the ,secretary shall make awards not later than #bgj days after issuing the notices of funding opportunity required under the preceding proviso3 ,provided further1 ,that not more than #b 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 ,act3 ,provided further1 ,that one-half of one percent of the amounts transferred pursuant to the authority in this section in each of fiscal years #bjbb through #bjbf 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 ,act3 ,provided further1 ,that such amount is designated by the ,congress as being for an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe4 ,general provision--,department of transportation #hjc4 ,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 expended4 ,,ix ,,general ,,provisions--,,this ,,division #ija4 ,each amount appropriated or made available by this division is in addition to amounts otherwise appropriated for the fiscal year involved4 #ijb4 ,no part of any appropriation contained in this division shall remain available for obligation beyond the current fiscal year unless expressly so provided herein4 #ijc4 ,unless otherwise provided for by this division1 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 year4 #ijd4 ,any amount appropriated by this division1 designated by the ,congress as an emergency requirement pursuant to section #daab7;a7 of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah1 and to section #bea7;b7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 and transferred pursuant to transfer authorities provided by this division shall retain such designation4 ,,budgetary ,,effects #ije4 7a7 ,statutory ,,paygo scorecards ,the budgetary effects of this division and amounts rescinded in section #ijjjg of division ,i that were previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall not be entered on either ,,paygo scorecard maintained pursuant to section #d7;d7 of the ,statutory ,pay ,as-,you-,go ,act of #bjaj4 7b7 ,senate paygo scorecards ,the budgetary effects of this division and amounts rescinded in section #ijjjg of division ,i that were previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall not be entered on any ,,paygo scorecard maintained for purposes of section #dajf of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress74 7c7 ,classification of budgetary effects ,notwithstanding ,rule #c of the ,budget ,scorekeeping ,guidelines set forth in the joint explanatory statement of the committee of conference accompanying ,conference ,report #aje-bag and section #bej7;c77#g7 and 7c77#h7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe1 the budgetary effects of this division and amounts rescinded in section #ijjjg of division ,i that were previously designated by the ,congress as an emergency requirement pursuant to section #bea7;b77#b77;,a77i7 of the ,balanced ,budget and ,emergency ,deficit ,control ,act of #aihe shall be estimated for purposes of section #bea of such ,act and as appropriations for discretionary accounts for purposes of the allocation to the ,committee on ,appropriations pursuant to section #cjb7;a7 of the ,congressional ,budget ,act of #aigd and section #daab of ,h4 ,con4 ,res4 #ga 7#aaeth ,congress71 the concurrent resolution on the budget for fiscal year #bjah4 ,this division may be cited as the ,infrastructure ,investments and ,jobs ,appropriations ,act4 ,k ,minority business development #ajjjja4 ,short title ,this division may be cited as the ,minority ,business ,development ,act of #bjba4 #ajjjjb4 ,definitions ,in this division3 7#a7 ,agency ,the term ,agency means the ,minority ,business ,development ,agency of the ,department of ,commerce4 7#b7 ,community-based organization ,the term community-based organization has the meaning given the term in section #haja of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #ghja74 7#c7 ,eligible entity ,except as otherwise expressly provided1 the term eligible entity-- 7,a7 means-- 7i7 a private sector entity2 7ii7 a public sector entity2 or 7iii7 a ,native entity2 and 7,b7 includes an institution of higher education4 7#d7 ,federal agency ,the term ,federal agency has the meaning given the term agency in section #eea of title #e1 ,united ,states ,code4 7#e7 ,federally recognized area of economic distress ,the term federally recognized area of economic distress means-- 7,a7 a ,h,u,b,zone1 as that term is defined in section #ca7;b7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #feg;a7b772 7,b7 an area that-- 7i7 has been designated as-- 7,i7 an empowerment zone under section #acia of the ,internal ,revenue ,code of #aihf2 or 7,,ii7 a ,promise ,zone by the ,secretary of ,housing and ,urban ,development2 or 7ii7 is a low or moderate income area1 as determined by the ,department of ,housing and ,urban ,development2 7,c7 a qualified opportunity zone1 as that term is defined in section #adjj,z-#a of the ,internal ,revenue ,code of #aihf2 or 7,d7 any other political subdivision or unincorporated area of a ,state determined by the ,under ,secretary to be an area of economic distress4 7#f7 ,institution of higher education ,the term institution of higher education has the meaning given the term in section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#g7 ,,mbda ,business ,center ,the term ,,mbda ,business ,center means a business center that-- 7,a7 is established by the ,agency2 and 7,b7 provides technical business assistance to minority business enterprises consistent with the requirements of this division4 7#h7 ,,mbda ,business ,center agreement ,the term ,,mbda ,business ,center agreement means a legal instrument-- 7,a7 reflecting a relationship between the ,agency and the recipient of a ,federal assistance award that is the subject of the instrument2 and 7,b7 that establishes the terms by which the recipient described in subparagraph 7,a7 shall operate an ,,mbda ,business ,center4 7#i7 ,minority business enterprise 7,a7 ,in general ,the term minority business enterprise means a business enterprise-- 7i7 that is not less than #ea percent-owned by #a or more socially or economically disadvantaged individuals2 and 7ii7 the management and daily business operations of which are controlled by #a or more socially or economically disadvantaged individuals4 7,b7 ,rule of construction ,nothing in subparagraph 7,a7 may be construed to exclude a business enterprise from qualifying as a minority business enterprise under that subparagraph because of-- 7i7 the status of the business enterprise as a for-profit or not-for-profit enterprise2 or 7ii7 the annual revenue of the business enterprise4 7#aj7 ,native entity ,the term ,native entity means-- 7,a7 a ,tribal ,government2 7,b7 an ,alaska ,native village or ,regional or ,village ,corporation1 as defined in or established pursuant to the ,alaska ,native ,claims ,settlement ,act 7#dc ,u4,s4,c4 #afja et seq472 7,c7 a ,native ,hawaiian organization1 as that term is defined in section #fbjg of the ,elementary and ,secondary ,education ,act of #aife 7#bj ,u4,s4,c4 #geag72 7,d7 the ,department of ,hawaiian ,home ,lands2 and 7,e7 the ,office of ,hawaiian ,affairs4 7#aa7 ,private sector entity ,the term private sector entity-- 7,a7 means an entity that is not a public sector entity2 and 7,b7 does not include-- 7i7 the ,federal ,government2 7ii7 any ,federal agency2 or 7iii7 any instrumentality of the ,federal ,government4 7#ab7 ,public sector entity ,the term public sector entity means-- 7,a7 a ,state2 7,b7 an agency of a ,state2 7,c7 a political subdivision of a ,state2 7,d7 an agency of a political subdivision of a ,state2 or 7,e7 a ,native entity4 7#ac7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ad7 ,socially or economically disadvantaged business concern ,the term socially or economically disadvantaged business concern means a for-profit business enterprise-- 7,a7 7i7 that is not less than #ea percent owned by #a or more socially or economically disadvantaged individuals2 or 7ii7 that is socially or economically disadvantaged2 or 7,b7 the management and daily business operations of which are controlled by #a or more socially or economically disadvantaged individuals4 7#ae7 ,socially or economically disadvantaged individual 7,a7 ,in general ,the term socially or economically disadvantaged individual means an individual who has been subjected to racial or ethnic prejudice or cultural bias 7or the ability of whom to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities1 as compared to others in the same line of business and competitive market area7 because of the identity of the individual as a member of a group1 without regard to any individual quality of the individual that is unrelated to that identity4 7,b7 ,presumption ,in carrying out this division1 the ,under ,secretary shall presume that the term socially or economically disadvantaged individual includes any individual who is-- 7i7 ,black or ,african ,american2 7ii7 ,hispanic or ,latino2 7iii7 ,american ,indian or ,alaska ,native2 7iv7 ,asian2 7v7 ,native ,hawaiian or other ,pacific ,islander2 or 7vi7 a member of a group that the ,agency determines under part #adjj of title #ae1 ,code of ,federal ,regulations1 as in effect on ,november #bc1 #aihd1 is a socially disadvantaged group eligible to receive assistance4 7#af7 ,specialty center ,the term specialty center means an ,,mbda ,business ,center that provides specialty services focusing on specific business needs1 including assistance relating to-- 7,a7 capital access2 7,b7 ,federal procurement2 7,c7 entrepreneurship2 7,d7 technology transfer2 or 7,e7 any other area determined necessary or appropriate based on the priorities of the ,agency4 7#ag7 ,state ,the term ,state means-- 7,a7 each of the ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,united ,states ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 7,g7 the ,commonwealth of the ,northern ,mariana ,islands2 and 7,h7 each ,tribal ,government4 7#ah7 ,tribal ,government ,the term ,tribal ,government means the recognized governing body of any ,indian or ,alaska ,native tribe1 band1 nation1 pueblo1 village1 community1 component band1 or component reservation1 individually identified 7including parenthetically7 in the list published most recently as of the date of enactment of this division pursuant to section #ajd of the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid 7#be ,u4,s4,c4 #eaca74 7#ai7 ,under ,secretary ,the term ,under ,secretary means the ,under ,secretary of ,commerce for ,minority ,business ,development1 who is appointed as described in section #c7;b7 to administer this division4 #ajjjjc4 ,minority ,business ,development ,agency 7a7 ,in general ,there is within the ,department of ,commerce the ,minority ,business ,development ,agency4 7b7 ,under ,secretary 7#a7 ,appointment and duties ,the ,agency shall be headed by the ,under ,secretary of ,commerce for ,minority ,business ,development1 who shall-- 7,a7 be appointed by the ,president1 by and with the advice and consent of the ,senate2 7,b7 except as otherwise expressly provided1 be responsible for the administration of this division2 and 7,c7 report directly to the ,secretary4 7#b7 ,compensation 7,a7 ,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 #ecad of title #e1 ,united ,states ,code4 7,b7 ,technical and conforming amendment ,section #ecad of title #e1 ,united ,states ,code1 is amended by striking and ,under ,secretary of ,commerce for ,travel and ,tourism and inserting ,under ,secretary of ,commerce for ,travel and ,tourism1 and ,under ,secretary of ,commerce for ,minority ,business ,development4 7#c7 ,references ,any reference in a law1 map1 regulation1 document1 paper1 or other record of the ,united ,states to the ,director of the ,agency shall be deemed to be a reference to the ,under ,secretary4 7c7 ,report to ,congress ,not later than #abj days after the date of enactment of this ,act1 the ,secretary shall submit to ,congress a report that describes-- 7#a7 the organizational structure of the ,agency2 7#b7 the organizational position of the ,agency within the ,department of ,commerce2 and 7#c7 a description of how the ,agency shall function in relation to the operations carried out by each other component of the ,department of ,commerce4 7d7 ,office of ,business ,centers 7#a7 ,establishment ,there is established within the ,agency the ,office of ,business ,centers4 7#b7 ,director ,the ,office of ,business ,centers shall be administered by a ,director1 who shall be appointed by the ,under ,secretary4 7e7 ,offices of the ,agency 7#a7 ,in general ,in addition to the regional offices that the ,under ,secretary is required to establish under paragraph 7#b71 the ,under ,secretary shall establish such other offices within the ,agency as are necessary to carry out this division4 7#b7 ,regional offices 7,a7 ,in general ,in order to carry out this division1 the ,under ,secretary shall establish a regional office of the ,agency for each of the regions of the ,united ,states1 as determined by the ,under ,secretary4 7,b7 ,duties ,each regional office established under subparagraph 7,a7 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 office1 including by-- 7i7 understanding and participating in the business environment of that region2 7ii7 working with-- 7,i7 ,,mbda ,business ,centers that are located in that region2 7,,ii7 resource and lending partners of other appropriate ,federal agencies that are located in that region2 and 7,,iii7 ,federal1 ,state1 and local procurement offices that are located in that region2 7iii7 being aware of business retention or expansion programs that are specific to that region2 7iv7 seeking out opportunities to collaborate with regional public and private programs that focus on minority business enterprises2 and 7v7 promoting business continuity and preparedness4 ,i ,existing initiatives ,a ,market development1 research1 and information #ajjaja4 ,private sector development ,the ,under ,secretary shall1 whenever the ,under ,secretary determines such action is necessary or appropriate-- 7#a7 provide ,federal assistance to minority business enterprises operating in domestic and foreign markets by making available to those business enterprises1 either directly or in cooperation with private sector entities1 including community-based organizations and national nonprofit organizations-- 7,a7 resources relating to management2 7,b7 technological and technical assistance2 7,c7 financial1 legal1 and marketing services2 and 7,d7 services relating to workforce development2 7#b7 encourage minority business enterprises to establish joint ventures and projects-- 7,a7 with other minority business enterprises2 or 7,b7 in cooperation with public sector entities or private sector entities1 including community-based organizations and national nonprofit organizations1 to increase the share of any market activity being performed by minority business enterprises2 and 7#c7 facilitate the efforts of private sector entities and ,federal agencies to advance the growth of minority business enterprises4 #ajjajb4 ,public sector development ,the ,under ,secretary shall1 whenever the ,under ,secretary determines such action is necessary or appropriate-- 7#a7 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 entities1 including by assisting public sector entities to establish or enhance-- 7,a7 programs to procure goods and services through minority business enterprises and goals for that procurement2 7,b7 programs offering assistance relating to-- 7i7 management2 7ii7 technology2 7iii7 law2 7iv7 financing1 including accounting2 7v7 marketing2 and 7vi7 workforce development2 and 7,c7 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 section2 7#b7 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 entities2 and 7#c7 facilitate the efforts of public sector entities and ,federal agencies to advance the growth of minority business enterprises4 #ajjajc4 ,research and information 7a7 ,in general ,in order to achieve the purposes of this division1 the ,under ,secretary-- 7#a7 shall-- 7,a7 collect and analyze data1 including data relating to the causes of the success or failure of minority business enterprises2 7,b7 conduct research1 studies1 and surveys of-- 7i7 economic conditions generally in the ,united ,states2 and 7ii7 how the conditions described in clause 7i7 particularly affect the development of minority business enterprises2 and 7,c7 provide outreach1 educational services1 and technical assistance in1 at a minimum1 the #e 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 ,agency2 and 7#b7 may perform an evaluation of programs carried out by the ,under ,secretary that are designed to assist the development of minority business enterprises4 7b7 ,information clearinghouse ,the ,under ,secretary shall-- 7#a7 establish and maintain an information clearinghouse for the collection and dissemination to relevant parties 7including business owners and researchers7 of demographic1 economic1 financial1 managerial1 and technical data relating to minority business enterprises2 and 7#b7 take such steps as the ,under ,secretary may determine to be necessary and desirable to-- 7,a7 search for1 collect1 classify1 coordinate1 integrate1 record1 and catalog the data described in paragraph 7#a72 and 7,b7 in a manner that is consistent with section #eeb;a of title #e1 ,united ,states ,code1 protect the privacy of the minority business enterprises to which the data described in paragraph 7#a7 relates4 ,b ,minority ,business ,development ,agency ,business ,center ,program #ajjaaa4 ,definition ,in this subtitle1 the term ,,mbda ,business ,center ,program means the program established under section #aac4 #ajjaab4 ,purpose ,the purpose of the ,,mbda ,business ,center ,program shall be to create a national network of public-private partnerships that-- 7#a7 assist minority business enterprises in-- 7,a7 accessing capital1 contracts1 and grants2 and 7,b7 creating and maintaining jobs2 7#b7 provide counseling and mentoring to minority business enterprises2 and 7#c7 facilitate the growth of minority business enterprises by promoting trade4 #ajjaac4 ,establishment 7a7 ,in general ,there is established in the ,agency a program-- 7#a7 that shall be known as the ,,mbda ,business ,center ,program2 7#b7 that shall be separate and distinct from the efforts of the ,under ,secretary under section #aja2 and 7#c7 under which the ,under ,secretary shall make ,federal assistance awards to eligible entities to operate ,,mbda ,business ,centers1 which shall1 in accordance with section #aad1 provide technical assistance and business development services1 or specialty services1 to minority business enterprises4 7b7 ,coverage ,the ,under ,secretary shall take all necessary actions to ensure that the ,,mbda ,business ,center ,program1 in accordance with section #aad1 offers the services described in subsection 7a77#c7 in all regions of the ,united ,states4 #ajjaad4 ,grants and cooperative agreements 7a7 ,requirements ,an ,,mbda ,business ,center 7referred to in this subtitle as a ,center71 with respect to the ,federal financial assistance award made to operate the ,center under the ,,mbda ,business ,center ,program-- 7#a7 shall-- 7,a7 provide to minority business enterprises programs and services determined to be appropriate by the ,under ,secretary1 which may include-- 7i7 referral services to meet the needs of minority business enterprises2 and 7ii7 programs and services to accomplish the goals described in section #aja7a72 7,b7 develop1 cultivate1 and maintain a network of strategic partnerships with organizations that foster access by minority business enterprises to economic markets1 capital1 or contracts2 7,c7 continue to upgrade and modify the services provided by the ,center1 as necessary1 in order to meet the changing and evolving needs of the business community2 7,d7 establish or continue a referral relationship with not less than #a community-based organization2 and 7,e7 collaborate with other ,centers2 and 7#b7 in providing programs and services under the applicable ,,mbda ,business ,center agreement1 may-- 7,a7 operate on a fee-for-service basis2 or 7,b7 generate income through the collection of-- 7i7 client fees2 7ii7 membership fees2 and 7iii7 any other appropriate fees proposed by the ,center in the application submitted by the ,center under subsection 7e74 7b7 ,term ,subject to subsection 7g77#c71 the term of an ,,mbda ,business ,center agreement shall be not less than #c years4 7c7 ,financial assistance 7#a7 ,in general ,the amount of financial assistance provided by the ,under ,secretary under an ,,mbda ,business ,center agreement shall be not less than #bej1jjj for the term of the agreement4 7#b7 ,matching requirement 7,a7 ,in general ,a ,center shall match not less than #a_/c of the amount of the financial assistance awarded to the ,center under the terms of the applicable ,,mbda ,business ,center agreement1 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 waiver4 7,b7 ,form of funds ,a ,center may meet the matching requirement under subparagraph 7,a7 by using-- 7i7 cash or in-kind contributions1 without regard to whether the contribution is made by a third party2 or 7ii7 ,federal funds received from other ,federal programs4 7#c7 ,use of financial assistance and program income ,a ,center shall use-- 7,a7 all financial assistance awarded to the ,center under the applicable ,,mbda ,business ,center agreement to carry out subsection 7a72 and 7,b7 all income that the ,center generates in carrying out subsection 7a7-- 7i7 to meet the matching requirement under paragraph 7#b7 of this subsection2 and 7ii7 if the ,center meets the matching requirement under paragraph 7#b7 of this subsection1 to carry out subsection 7a74 7d7 ,criteria for selection ,the ,under ,secretary shall-- 7#a7 establish criteria that-- 7,a7 the ,under ,secretary shall use in determining whether to enter into an ,,mbda ,business ,center agreement with an eligible entity2 and 7,b7 may include criteria relating to whether an eligible entity is located in-- 7i7 an area1 the population of which is composed of not less than #ea percent socially or economically disadvantaged individuals1 as determined in accordance with data collected by the ,bureau of the ,census2 7ii7 a federally recognized area of economic distress2 or 7iii7 a ,state that is underserved with respect to the ,,mbda ,business ,center ,program1 as defined by the ,under ,secretary2 and 7#b7 make the criteria and standards established under paragraph 7#a7 publicly available1 including-- 7,a7 on the website of the ,agency2 and 7,b7 in each ,notice of ,funding ,opportunity soliciting ,,mbda ,business ,center agreements4 7e7 ,applications ,an eligible entity desiring to enter into an ,,mbda ,business ,center agreement shall submit to the ,under ,secretary an application that includes-- 7#a7 a statement of-- 7,a7 how the eligible entity will carry out subsection 7a72 and 7,b7 any experience or plans of the eligible entity with respect to-- 7i7 assisting minority business enterprises to-- 7,i7 obtain-- 7aa7 large-scale contracts1 grants1 or procurements2 7bb7 financing2 or 7cc7 legal assistance2 7,,ii7 access established supply chains2 and 7,,iii7 engage in-- 7aa7 joint ventures1 teaming arrangements1 and mergers and acquisitions2 or 7bb7 large-scale transactions in global markets2 7ii7 supporting minority business enterprises in increasing the size of the workforces of those enterprises1 including1 with respect to a minority business enterprise that does not have employees1 aiding the minority business enterprise in becoming an enterprise that has employees2 and 7iii7 advocating for minority business enterprises2 and 7#b7 the budget and corresponding budget narrative that the eligible entity will use in carrying out subsection 7a7 during the term of the applicable ,,mbda ,business ,center agreement4 7f7 ,notification ,if the ,under ,secretary grants an application of an eligible entity submitted under subsection 7e71 the ,under ,secretary shall notify the eligible entity that the application has been granted not later than #aej days after the last day on which an application may be submitted under that subsection4 7g7 ,program examination2 accreditation2 extensions 7#a7 ,examination ,not later than #ahj days after the date of enactment of this ,act1 and biennially thereafter1 the ,under ,secretary shall conduct a programmatic financial examination of each ,center4 7#b7 ,accreditation ,the ,under ,secretary may provide financial support1 by contract or otherwise1 to an association1 not less than #ea percent of the members of which are ,centers1 to-- 7,a7 pursue matters of common concern with respect to ,centers2 and 7,b7 develop an accreditation program with respect to ,centers4 7#c7 ,extensions 7,a7 ,in general ,the ,under ,secretary may extend the term under subsection 7b7 of an ,,mbda ,business ,center agreement to which a ,center is a party1 if the ,center consents to the extension4 7,b7 ,financial assistance ,if the ,under ,secretary extends the term of an ,,mbda ,business ,center agreement under paragraph 7#a71 the ,under ,secretary shall1 in the same manner and amount in which financial assistance was provided during the initial term of the agreement1 provide financial assistance under the agreement during the extended term of the agreement4 7h7 ,,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 7a71 including by-- 7#a7 providing to each ,center training relating to the ,,mbda ,business ,center ,program2 7#b7 requiring that the operator and staff of each ,center-- 7,a7 attend-- 7i7 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 programs2 and 7ii7 training provided under paragraph 7#a72 7,b7 receive necessary guidance relating to carrying out the requirements under subsection 7a72 and 7,c7 work in coordination and collaboration with the ,under ,secretary to carry out the ,,mbda ,business ,center ,program and other programs of the ,agency2 7#c7 facilitating connections between ,centers and-- 7,a7 ,federal agencies other than the ,agency1 as appropriate2 and 7,b7 other institutions or entities that use ,federal resources1 such as-- 7i7 small business development centers1 as that term is defined in section #c7t7 of the ,small ,business ,act 7#ae ,u4,s4,c4 #fcb7t772 7ii7 women's business centers described in section #bi of the ,small ,business ,act 7#ae ,u4,s4,c4 #fef72 7iii7 eligible entities1 as that term is defined in section #bdaa of title #aj1 ,united ,states ,code1 that provide services under the program carried out under chapter #adb of that title2 and 7iv7 entities participating in the ,hollings ,manufacturing ,extension ,partnership ,program established under section #be of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bghk72 7#d7 monitoring projects carried out by each ,center2 and 7#e7 establishing and enforcing administrative and reporting requirements for each ,center to carry out subsection 7a74 7i7 ,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 ,program4 #ajjaae4 ,minimizing disruptions to existing ,,mbda ,business ,center program ,the ,under ,secretary shall ensure that each ,federal assistance award made under the ,business ,centers program of the ,agency1 as is in effect on the day before the date of enactment of this ,act1 is carried out in a manner that1 to the greatest extent practicable1 prevents disruption of any activity carried out under that award4 #ajjaaf4 ,publicity ,in carrying out the ,,mbda ,business ,center ,program1 the ,under ,secretary shall widely publicize the ,,mbda ,business ,center ,program1 including-- 7#a7 on the website of the ,agency2 7#b7 via social media outlets2 and 7#c7 by sharing information relating to the ,,mbda ,business ,center ,program with community-based organizations1 including interpretation groups where necessary1 to communicate in the most common languages spoken by the groups served by those organizations4 ,,ii ,new initiatives to promote economic resiliency for minority businesses #ajjbja4 ,annual diverse business forum on capital formation 7a7 ,responsibility of ,agency ,not later than #ah months after the date of enactment of this ,act1 and annually thereafter1 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 enterprises4 7b7 ,participation in forum planning ,the ,under ,secretary shall invite the heads of other ,federal agencies1 such as the ,chairman of the ,securities and ,exchange ,commission1 the ,secretary of the ,treasury1 and the ,chairman of the ,board of ,governors of the ,federal ,reserve ,system1 organizations representing ,state securities commissioners1 representatives of leading minority chambers of commerce1 not less than #a certified owner of a minority business enterprise1 business organizations1 and professional organizations concerned with capital formation to participate in the planning of each forum conducted under subsection 7a74 7c7 ,preparation of statements and reports 7#a7 ,requests ,the ,under ,secretary may request that any head of a ,federal agency1 department1 or organization1 including those described in subsection 7b71 or any other group or individual1 prepare a statement or report to be delivered at any forum conducted under subsection 7a74 7#b7 ,cooperation ,any head of a ,federal agency1 department1 or organization who receives a request under paragraph 7#a7 shall1 to the greatest extent practicable1 cooperate with the ,under ,secretary to fulfill that request4 7d7 ,transmittal of proceedings and findings ,the ,under ,secretary shall-- 7#a7 prepare a summary of the proceedings of each forum conducted under subsection 7a71 which shall include the findings and recommendations of the forum2 and 7#b7 transmit the summary described in paragraph 7#a7 with respect to each forum conducted under subsection 7a7 to-- 7,a7 the participants in the forum2 7,b7 ,congress2 and 7,c7 the public1 through a publicly available website4 7e7 ,review of findings and recommendations2 public statements 7#a7 ,in general ,a ,federal agency to which a finding or recommendation described in subsection 7d77#a7 relates shall-- 7,a7 review that finding or recommendation2 and 7,b7 promptly after the finding or recommendation is transmitted under subsection 7d77#b77;,c71 issue a public statement-- 7i7 assessing the finding or recommendation2 and 7ii7 disclosing the action1 if any1 the ,federal agency intends to take with respect to the finding or recommendation4 7#b7 ,joint statement permitted ,if a finding or recommendation described in subsection 7d77#a7 relates to more than #a ,federal agency1 the applicable ,federal agencies may1 for the purposes of the public statement required under paragraph 7#a77;,b71 issue a joint statement4 #ajjbjb4 ,agency study on alternative financing solutions 7a7 ,purpose ,the purpose of this section is to provide information relating to alternative financing solutions to minority business enterprises1 as those business enterprises are more likely to struggle in accessing1 particularly at affordable rates1 traditional sources of capital4 7b7 ,study and report ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary shall-- 7#a7 conduct a study on opportunities for providing alternative financing solutions to minority business enterprises2 and 7#b7 submit to ,congress1 and publish on the website of the ,agency1 a report describing the findings of the study carried out under paragraph 7#a74 #ajjbjc4 ,educational development relating to management and entrepreneurship 7a7 ,duties ,the ,under ,secretary shall1 whenever the ,under ,secretary determines such action is necessary or appropriate-- 7#a7 promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management2 7#b7 encourage institutions of higher education1 leaders in business and industry1 and other public sector entities and private sector entities1 particularly minority business enterprises1 to-- 7,a7 develop programs to offer scholarships and fellowships1 apprenticeships1 and internships relating to business to socially or economically disadvantaged individuals2 and 7,b7 sponsor seminars1 conferences1 and similar activities relating to business for the benefit of socially or economically disadvantaged individuals2 7#c7 stimulate and accelerate curriculum design and improvement in support of development of minority business enterprises2 and 7#d7 encourage and assist private institutions and organizations and public sector entities to undertake activities similar to the activities described in paragraphs 7#a71 7#b71 and 7#c74 7b7 ,parren ,j4 ,mitchell entrepreneurship education grants 7#a7 ,definition ,in this subsection1 the term eligible institution means an institution of higher education described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#b7 ,grants ,the ,under ,secretary shall award grants to eligible institutions to develop and implement entrepreneurship curricula4 7#c7 ,requirements ,an eligible institution to which a grant is awarded under this subsection shall use the grant funds to-- 7,a7 develop a curriculum that includes training in various skill sets needed by contemporary successful entrepreneurs1 including-- 7i7 business management and marketing2 7ii7 financial management and accounting2 7iii7 market analysis2 7iv7 competitive analysis2 7v7 innovation2 7vi7 strategic and succession planning2 7vii7 marketing2 7viii7 general management2 7ix7 technology and technology adoption2 7x7 leadership2 and 7xi7 human resources2 and 7,b7 implement the curriculum developed under subparagraph 7,a7 at the eligible institution4 7#d7 ,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 7#c74 7#e7 ,reports ,each year1 the ,under ,secretary shall submit to all applicable committees of ,congress1 and as part of the annual budget submission of the ,president under section #aaje7;a7 of title #ca1 ,united ,states ,code1 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 submitted1 which shall include1 with respect to the fiscal year covered by the report-- 7,a7 a description of each curriculum developed and implemented under each grant awarded under this section2 7,b7 the date on which each grant awarded under this section was awarded2 and 7,c7 the number of eligible entities that were recipients of grants awarded under this section4 ,,iii ,rural minority business center program #ajjcja4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 and 7,b7 the ,committee on ,financial ,services of the ,house of ,representatives4 7#b7 ,eligible entity ,the term eligible entity means-- 7,a7 a minority-serving institution2 or 7,b7 a consortium of institutions of higher education that is led by a minority-serving institution4 7#c7 ,,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 areas4 7#d7 ,,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 ,center4 7#e7 ,minority-serving institution ,the term minority-serving institution means an institution described in any of paragraphs 7#a7 through 7#g7 of section #cga7;a7 of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajfgq7a774 7#f7 ,rural area ,the term rural area has the meaning given the term in section #cdc7;a7 of the ,consolidated ,farm and ,rural ,development ,act 7#g ,u4,s4,c4 #aiia7;a774 7#g7 ,rural minority business enterprise ,the term rural minority business enterprise means a minority business enterprise located in a rural area4 #ajjcjb4 ,business centers 7a7 ,in general ,the ,under ,secretary may establish ,,mbda ,rural ,business ,centers4 7b7 ,partnership 7#a7 ,in general ,with respect to an ,,mbda ,rural ,business ,center established by the ,under ,secretary1 the ,under ,secretary shall establish the ,,mbda ,rural ,business ,center in partnership with an eligible entity in accordance with paragraph 7#b74 7#b7 ,,mbda agreement 7,a7 ,in general ,with respect to each ,,mbda ,rural ,business ,center established by the ,under ,secretary1 the ,under ,secretary shall enter into a cooperative agreement with an eligible entity that provides that-- 7i7 the eligible entity shall provide space1 facilities1 and staffing for the ,,mbda ,rural ,business ,center2 7ii7 the ,under ,secretary shall provide funding for1 and oversight with respect to1 the ,,mbda ,rural ,business ,center2 and 7iii7 subject to subparagraph 7,b71 the eligible entity shall match #bj percent of the amount of the funding provided by the ,under ,secretary under clause 7ii71 which may be calculated to include the costs of providing the space1 facilities1 and staffing under clause 7i74 7,b7 ,lower match requirement ,based on the available resources of an eligible entity1 the ,under ,secretary may enter into a cooperative agreement with the eligible entity that provides that-- 7i7 the eligible entity shall match less than #bj percent of the amount of the funding provided by the ,under ,secretary under subparagraph 7,a77ii72 or 7ii7 if the ,under ,secretary makes a determination1 upon a demonstration by the eligible entity of substantial need1 the eligible entity shall not be required to provide any match with respect to the funding provided by the ,under ,secretary under subparagraph 7,a77ii74 7,c7 ,eligible funds ,an eligible entity may provide matching funds required under an ,,mbda ,rural ,business ,center agreement with ,federal funds received from other ,federal programs4 7#c7 ,term ,the initial term of an ,,mbda ,rural ,business ,center agreement shall be not less than #c years4 7#d7 ,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 ,center4 7c7 ,functions ,an ,,mbda ,rural ,business ,center shall-- 7#a7 primarily serve clients that are-- 7,a7 rural minority business enterprises2 or 7,b7 minority business enterprises that are located more than #ej miles from an ,,mbda ,business ,center 7other than that ,,mbda ,rural ,business ,center72 7#b7 focus on-- 7,a7 issues relating to-- 7i7 the adoption of broadband internet access service 7as defined in section #h4a7;b7 of title #dg1 ,code of ,federal ,regulations1 or any successor regulation71 digital literacy skills1 and e-commerce by rural minority business enterprises2 7ii7 advanced manufacturing2 7iii7 the promotion of manufacturing in the ,united ,states2 7iv7 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 ,states2 7v7 improving the connectivity of rural minority business enterprises through transportation and logistics2 7vi7 promoting trade and export opportunities by rural minority business enterprises2 7vii7 securing financial capital2 7viii7 facilitating entrepreneurship in rural areas2 and 7ix7 creating jobs in rural areas2 and 7,b7 any other issue relating to the unique challenges faced by rural minority business enterprises2 and 7#c7 provide education1 training1 and legal1 financial1 and technical assistance to minority business enterprises4 7d7 ,applications 7#a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,under ,secretary shall issue a ,notice of ,funding ,opportunity requesting applications from eligible entities that desire to enter into ,,mbda ,rural ,business ,center agreements4 7#b7 ,criteria and priority ,in selecting an eligible entity with which to enter into an ,,mbda ,rural ,business ,center agreement1 the ,under ,secretary shall-- 7,a7 select an eligible entity that demonstrates-- 7i7 the ability to collaborate with governmental and private sector entities to leverage capabilities of minority business enterprises through public-private partnerships2 7ii7 the research and extension capacity to support minority business enterprises2 7iii7 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 ,center2 7iv7 the ability to provide innovative business solutions1 including access to contracting opportunities1 markets1 and capital2 7v7 the ability to provide services that advance the development of science1 technology1 engineering1 and math jobs within minority business enterprises2 7vi7 the ability to leverage resources from within the eligible entity to advance an ,,mbda ,rural ,business ,center2 7vii7 that the mission of the eligible entity aligns with the mission of the ,agency2 7viii7 the ability to leverage relationships with rural minority business enterprises2 and 7ix7 a referral relationship with not less than #a community-based organization2 and 7,b7 give priority to an eligible entity that-- 7i7 is located in a ,state or region that has a significant population of socially or economically disadvantaged individuals2 7ii7 has a history of serving socially or economically disadvantaged individuals2 or 7iii7 in the determination of the ,under ,secretary1 has not received an equitable allocation of land and financial resources under-- 7,i7 the ,act of ,july #b1 #ahfb 7commonly known as the ,first ,morrill ,act7 7#ab ,stat4 #ejc1 chapter #acj2 #g ,u4,s4,c4 #cja et seq472 or 7,,ii7 the ,act of ,august #cj1 #ahij 7commonly known as the ,second ,morrill ,act7 7#bf ,stat4 #dag1 chapter #hda2 #g ,u4,s4,c4 #cba et seq474 7#c7 ,considerations ,in determining whether to enter into an ,,mbda ,rural ,business ,center agreement with an eligible entity under this section1 the ,under ,secretary shall consider the needs of the eligible entity4 #ajjcjc4 ,report to ,congress ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary shall submit to the appropriate congressional committees a report that includes-- 7#a7 a summary of the efforts of the ,under ,secretary to provide services to minority business enterprises located in ,states that lack an ,,mbda ,business ,center1 as of the date of enactment of this ,act1 and especially in those ,states that have significant minority populations2 and 7#b7 recommendations for extending the outreach of the ,agency to underserved areas4 #ajjcjd4 ,study and report 7a7 ,in general ,the ,under ,secretary1 in coordination with relevant leadership of the ,agency and relevant individuals outside of the ,department of ,commerce1 shall conduct a study that addresses the ways in which minority business enterprises can meet gaps in the supply chain of the ,united ,states1 with a particular focus on the supply chain of advanced manufacturing and essential goods and services4 7b7 ,report ,not later than #a year after the date of enactment of this ,act1 the ,under ,secretary shall submit to the appropriate congressional committees a report that includes the results of the study conducted under subsection 7a71 which shall include recommendations regarding the ways in which minority business enterprises can meet gaps in the supply chain of the ,united ,states4 ,,iv ,minority business development grants #ajjdja4 ,grants to nonprofit organizations that support minority business enterprises 7a7 ,definition ,in this section1 the term covered entity means a private nonprofit organization that-- 7#a7 is described in paragraph 7#c71 7#d71 7#e71 or 7#f7 of section #eja7;c7 of the ,internal ,revenue ,code of #aihf and exempt from tax under section #eja7;a7 of such ,code2 and 7#b7 can demonstrate that a primary activity of the organization is to provide services to minority business enterprises1 whether through education1 making grants or loans1 or other similar activities4 7b7 ,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 enterprises4 7c7 ,designation of office 7#a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,under ,secretary shall designate an office to make and administer grants under this section4 7#b7 ,considerations ,in designating an office under paragraph 7#a71 the ,under ,secretary shall ensure that the office designated has adequate staffing to carry out the responsibilities of the office under this section4 7d7 ,application ,a covered entity desiring a grant under this section shall submit to the ,under ,secretary an application at such time1 in such manner1 and containing such information as the ,under ,secretary may require4 7e7 ,priority ,the ,under ,secretary shall1 in carrying out this section1 prioritize granting an application submitted by a covered entity that is located in a federally recognized area of economic distress4 7f7 ,use of funds ,a covered entity to which a grant is made under this section may use the grant funds to support the development1 growth1 or retention of minority business enterprises4 7g7 ,procedures ,the ,under ,secretary shall establish procedures to-- 7#a7 discourage and prevent waste1 fraud1 and abuse by applicants for1 and recipients of1 grants made under this section2 and 7#b7 ensure that grants are made under this section to a diverse array of covered entities1 which may include-- 7,a7 covered entities with a national presence2 7,b7 community-based covered entities2 7,c7 covered entities with annual budgets below #a1jjj1jjj2 or 7,d7 covered entities that principally serve low-income and rural communities4 7h7 ,inspector ,general audit ,not later than #ahj days after the date on which the ,under ,secretary begins making grants under this section1 the ,inspector ,general of the ,department of ,commerce shall-- 7#a7 conduct an audit of grants made under this section1 which shall seek to identify any discrepancies or irregularities with respect to those grants2 and 7#b7 submit to ,congress a report regarding the audit conducted under paragraph 7#a74 7i7 ,updates to ,congress ,not later than #ij days after the date on which the ,under ,secretary makes the designation required under subsection 7c71 and once every #cj days thereafter1 the ,under ,secretary shall submit to ,congress a report that contains-- 7#a7 the number of grants made under this section during the period covered by the report2 and 7#b7 with respect to the grants described in paragraph 7#a7-- 7,a7 the geographic distribution of those grants by ,state and county2 7,b7 if applicable1 demographic information with respect to the minority business enterprises served by the covered entities to which the grants were made2 and 7,c7 information regarding the industries of the minority business enterprises served by the covered entities to which the grants were made4 ,v ,minority business enterprises advisory council #ajjeja4 ,purpose ,the ,under ,secretary shall establish the ,minority ,business ,enterprises ,advisory ,council 7referred to in this title as the ,council7 to advise and assist the ,agency4 #ajjejb4 ,composition and term 7a7 ,composition ,the ,council shall be composed of #i members of the private sector and #a representative from each of not fewer than #aj ,federal agencies that support or otherwise have duties that relate to business formation1 including duties relating to labor development1 monetary policy1 national security1 energy1 agriculture1 transportation1 and housing4 7b7 ,chair ,the ,under ,secretary shall designate #a of the private sector members of the ,council as the ,chair of the ,council for a #a-year term4 7c7 ,term ,the ,council shall meet at the request of the ,under ,secretary and members shall serve for a term of #b years4 ,members of the ,council may be reappointed4 #ajjejc4 ,duties 7a7 ,in general ,the ,council shall provide advice to the ,under ,secretary by-- 7#a7 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 concerns2 7#b7 providing the ,under ,secretary with information regarding plans1 programs1 and activities in the public and private sectors that relate to socially or economically disadvantaged business concerns2 and 7#c7 advising the ,under ,secretary regarding-- 7,a7 any measures to better achieve the objectives of this division2 and 7,b7 problems and matters the ,under ,secretary refers to the ,council4 7b7 ,capacity ,members of the ,council shall not be compensated for service on the ,council but may be allowed travel expenses1 including per diem in lieu of subsistence1 in accordance with subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7c7 ,termination ,notwithstanding section #ad of the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app471 the ,council shall terminate on the date that is #e years after the date of enactment of this ,act4 ,,vi ,federal coordination of minority business programs #ajjfja4 ,general duties ,the ,under ,secretary may coordinate1 as consistent with law1 the plans1 programs1 and operations of the ,federal ,government that affect1 or may contribute to1 the establishment1 preservation1 and strengthening of socially or economically disadvantaged business concerns4 #ajjfjb4 ,participation of ,federal departments and agencies ,the ,under ,secretary shall-- 7#a7 consult with other ,federal agencies and departments as appropriate to-- 7,a7 develop policies1 comprehensive plans1 and specific program goals for the programs carried out under subtitle ,b of title ,i and title ,,iii2 7,b7 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 achieved2 and 7,c7 evaluate the impact of ,federal support of socially or economically disadvantaged business concerns in achieving the objectives of this division2 7#b7 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 duplication2 and 7#c7 convene1 for purposes of coordination1 meetings of the heads of such ,federal agencies and departments1 or their designees1 the programs and activities of which may affect or contribute to the carrying out of this division4 ,,vii ,administrative powers of the ,agency2 miscellaneous provisions #ajjgja4 ,administrative powers 7a7 ,in general ,in carrying out this division1 the ,under ,secretary may-- 7#a7 adopt and use a seal for the ,agency1 which shall be judicially noticed2 7#b7 hold hearings1 sit and act1 and take testimony as the ,under ,secretary may determine to be necessary or appropriate to carry out this division2 7#c7 acquire1 in any lawful manner1 any property that the ,under ,secretary determines to be necessary or appropriate to carry out this division2 7#d7 with the consent of another ,federal agency1 enter into an agreement with that ,federal agency to utilize1 with or without reimbursement1 any service1 equipment1 personnel1 or facility of that ,federal agency2 7#e7 coordinate with the heads of the ,offices of ,small and ,disadvantaged ,business ,utilization of ,federal agencies2 7#f7 develop procedures under which the ,under ,secretary may evaluate the compliance of a recipient of assistance under this ,act with the requirements of this ,act2 7#g7 deobligate assistance provided under this ,act to a recipient that has demonstrated an insufficient level of performance with respect to the assistance1 or has engaged in wasteful or fraudulent spending2 and 7#h7 provide that a recipient of assistance under this ,act that has demonstrated an insufficient level of performance with respect to the assistance1 or has engaged in wasteful or fraudulent spending1 shall be ineligible to receive assistance under this ,act for a period determined by the ,under ,secretary1 consistent with the considerations under section #ahj4hfe of title #b1 ,code of ,federal ,regulations 7or any successor regulation71 beginning on the date on which the ,under ,secretary makes the applicable finding4 7b7 ,use of property 7#a7 ,in general ,subject to paragraph 7#b71 in carrying out this division1 the ,under ,secretary may1 without cost 7except for costs of care and handling71 allow any public sector entity1 or any recipient nonprofit organization1 for the purpose of the development of minority business enterprises1 to use any real or tangible personal property acquired by the ,agency in carrying out this division4 7#b7 ,terms1 conditions1 reservations1 and restrictions ,the ,under ,secretary may impose reasonable terms1 conditions1 reservations1 and restrictions upon the use of any property under paragraph 7#a74 #ajjgjb4 ,federal assistance 7a7 ,in general 7#a7 ,provision of ,federal assistance ,to carry out sections #aja1 #ajb1 and #ajc7;a71 the ,under ,secretary may provide ,federal assistance to public sector entities and private sector entities in the form of grants or cooperative agreements4 7#b7 ,notice ,not later than #abj days after the date on which amounts are appropriated to carry out this section1 the ,under ,secretary shall1 in accordance with subsection 7b71 broadly publish a statement regarding ,federal assistance that will1 or may1 be provided under paragraph 7#a7 during the fiscal year for which those amounts are appropriated1 including-- 7,a7 the actual1 or anticipated1 amount of ,federal assistance that will1 or may1 be made available2 7,b7 the types of ,federal assistance that will1 or may1 be made available2 7,c7 the manner in which ,federal assistance will be allocated among public sector entities and private sector entities1 as applicable2 and 7,d7 the methodology used by the ,under ,secretary to make allocations under subparagraph 7,c74 7#c7 ,consultation ,the ,under ,secretary shall consult with public sector entities and private sector entities1 as applicable1 in deciding the amounts and types of ,federal assistance to make available under paragraph 7#a74 7b7 ,publicity ,in carrying out this section1 the ,under ,secretary shall broadly publicize all opportunities for ,federal assistance available under this section1 including through the means required under section #aaf4 #ajjgjc4 ,recordkeeping 7a7 ,in general ,each recipient of assistance under this division shall keep such records as the ,under ,secretary shall prescribe1 including records that fully disclose1 with respect to the assistance received by the recipient under this division-- 7#a7 the amount and nature of that assistance2 7#b7 the disposition by the recipient of the proceeds of that assistance2 7#c7 the total cost of the undertaking for which the assistance is given or used2 7#d7 the amount and nature of the portion of the cost of the undertaking described in paragraph 7#c7 that is supplied by a source other than the ,agency2 7#e7 the return on investment1 as defined by the ,under ,secretary2 and 7#f7 any other record that will facilitate an effective audit with respect to the assistance4 7b7 ,access by ,government officials ,the ,under ,secretary1 the ,inspector ,general of the ,department of ,commerce1 and the ,comptroller ,general of the ,united ,states1 or any duly authorized representative of any such individual1 shall have access1 for the purpose of audit1 investigation1 and examination1 to any book1 document1 paper1 record1 or other material of the ,agency or an ,,mbda ,business ,center4 #ajjgjd4 ,review and report by ,comptroller ,general ,not later than #d years after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall-- 7#a7 conduct a thorough review of the programs carried out under this division2 and 7#b7 submit to ,congress a detailed report of the findings of the ,comptroller ,general of the ,united ,states under the review carried out under paragraph 7#a71 which shall include-- 7,a7 an evaluation of the effectiveness of the programs in achieving the purposes of this division2 7,b7 a description of any failure by any recipient of assistance under this division to comply with the requirements under this division2 and 7,c7 recommendations for any legislative or administrative action that should be taken to improve the achievement of the purposes of this division4 #ajjgje4 ,biannual reports2 recommendations 7a7 ,biannual report ,not later than #a year after the date of enactment of this ,act1 and #ij days after the last day of each odd-numbered year thereafter1 the ,under ,secretary shall submit to ,congress1 and publish on the website of the ,agency1 a report of each activity of the ,agency carried out under this division during the period covered by the report4 7b7 ,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 division4 #ajjgjf4 ,separability ,if a provision of this division1 or the application of a provision of this division to any person or circumstance1 is held by a court of competent jurisdiction to be invalid1 that judgment-- 7#a7 shall not affect1 impair1 or invalidate-- 7,a7 any other provision of this division2 or 7,b7 the application of this division to any other person or circumstance2 and 7#b7 shall be confined in its operation to-- 7,a7 the provision of this division with respect to which the judgment is rendered2 or 7,b7 the application of the provision of this division to each person or circumstance directly involved in the controversy in which the judgment is rendered4 #ajjgjg4 ,executive ,order #aafbe ,the powers and duties of the ,agency shall be determined-- 7#a7 in accordance with this division and the requirements of this division2 and 7#b7 without regard to ,executive ,order #aafbe 7#cf ,fed4 ,reg4 #aiifg2 relating to prescribing additional arrangements for developing and coordinating a national program for minority business enterprise74 #ajjgjh4 ,authorization of appropriations ,there are authorized to be appropriated to the ,under ,secretary #aaj1jjj1jjj for each of fiscal years #bjba through #bjbe to carry out this division1 of which-- 7#a7 a majority shall be used in each such fiscal year to carry out the ,,mbda ,business ,center ,program under subtitle ,b of title ,i1 including the component of that program relating to specialty centers2 and 7#b7 #bj1jjj1jjj shall be used in each such fiscal year to carry out title ,,iii4 ,secretary