Division G — Other Authorizations

117th Congress · Approved Nov 15, 2021 · 135 Stat. 429 · Lineage

DIVISION G Other Authorizations

TITLE I Indian Water Rights Settlement Completion Fund

SEC. 70101. Indian Water Rights Settlement Completion Fund.

(a)

Establishment.— There is established in the Treasury of the United States a fund to be known as the “Indian Water Rights Settlement Completion Fund” (referred to in this section as the “Fund”).

(b)

Deposits.—

(1)

In general.— On the later of October 1, 2021, and the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall deposit in the Fund $2,500,000,000, to remain available until expended.

(2)

Availability.— Amounts deposited in the Fund under paragraph (1) shall be available to the Secretary of the Interior, without further appropriation or fiscal year limitation, for the uses described in subsection (c).

(c)

Uses.— Subject to subsection (d), amounts deposited in the Fund under subsection (b) shall be used by the Secretary of the Interior for transfers to funds or accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by the Secretary of the Interior, under an Indian water settlement approved and authorized by an Act of Congress before the date of enactment of this Act.

(d)

Scope of Transfers.—

(1)

In general.— Transfers authorized under subsection (c) shall be made in such amounts as are determined by the Secretary of the Interior to be appropriate to satisfy the obligations of the United States, including appropriate indexing, pursuant to the applicable Indian water settlement.

(2)

Sequence and timing.— The Secretary of the Interior shall have the discretion to determine the sequence and timing of transfers from the Fund under subsection (c) in order to substantially complete the eligible Indian water settlements as expeditiously as practicable.

TITLE II Wildfire Mitigation

SEC. 70201. Short Title.

This title may be cited as the “Wildland Fire Mitigation and Management Commission Act of 2021”.

SEC. 70202. Definitions.

In this title:

(1)

Appropriate committees of congress.— The term “appropriate committees of Congress” means—

(A)

the Committee on Energy and Natural Resources of the Senate;

(B)

the Committee on Agriculture, Nutrition, and Forestry of the Senate;

(C)

the Committee on Homeland Security and Governmental Affairs of the Senate;

(D)

the Committee on Appropriations of the Senate;

(E)

the Committee on Environment and Public Works of the Senate;

(F)

the Committee on Natural Resources of the House of Representatives;

(G)

the Committee on Agriculture of the House of Representatives;

(H)

the Committee on Homeland Security of the House of Representatives;

(I)

the Committee on Appropriations of the House of Representatives;

(J)

the Committee on Ways and Means of the House of Representatives; and

(K)

the Committee on Natural Resources of the House of Representatives.

(2)

Commission.— The term “Commission” means the commission established under section 70203(a).

(3)

High-risk indian tribal government.— The term “high-risk Indian tribal government” means an Indian tribal government, during not fewer than 4 of the 5 years preceding the date of enactment of this Act—

(A)

that received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or

(B)

land of which included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170).

(4)

High-risk state.— The term “high-risk State” means a State that, during not fewer than 4 of the 5 years preceding the date of enactment of this Act—

(A)

received fire management assistance under section 420 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5187); or

(B)

included an area for which the President declared a major disaster for fire in accordance with section 401 of that Act (42 U.S.C. 5170).

(5)

Indian tribal government.— The term “Indian tribal government” has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(6)

Secretaries.— The term “Secretaries” means—

(A)

the Secretary of the Interior;

(B)

the Secretary of Agriculture; and

(C)

the Secretary of Homeland Security, acting through the Administrator of the Federal Emergency Management Agency.

(7)

State.— The term “State” has the meaning given the term in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122).

(8)

Wildland-urban interface.— The term “wildland-urban interface” has the meaning given the term in section 101 of the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).

SEC. 70203. Establishment of Commission.

(a)

Establishment.— Not later than 30 days after the date of enactment of this Act, the Secretaries shall jointly establish a commission to study and make recommendations to improve Federal policies relating to—

(1)

the prevention, mitigation, suppression, and management of wildland fires in the United States; and

(2)

the rehabilitation of land in the United States devastated by wildland fires.

(b)

Membership.—

(1)

Composition.— The Commission shall be composed of—

(A)

each of the Secretaries (or designees), who shall jointly serve as the co-chairpersons of the Commission;

(B)

9 representatives of Federal departments or agencies, to be appointed by the Secretaries, including—

(i)

not fewer than 1 representative from each of—

(I)

the Bureau of Land Management;

(II)

the National Park Service;

(III)

the Bureau of Indian Affairs;

(IV)

the United States Fish and Wildlife Service; and

(V)

the Forest Service;

(ii)

a representative of or liaison to the Mitigation Framework Leadership Group of the Federal Emergency Management Agency;

(iii)

a representative to the National Interagency Coordination Center, which is part of the National Wildfire Coordination Group;

(iv)

a representative from 1 of the coordinating agencies of the Recovery Support Function Leadership Group; and

(v)

if the Secretaries determine it to be appropriate, a representative of any other Federal department or agency, such as the Department of Energy, the Environmental Protection Agency, or the Department of Defense; and

(C)

18 non-Federal stakeholders with expertise in wildland fire preparedness, mitigation, suppression, or management, who collectively have a combination of backgrounds, experiences, and viewpoints and are representative of rural, urban, and suburban areas, to be appointed by the Secretaries, including—

(i)

not fewer than 1 State hazard mitigation officer of a high-risk State (or a designee);

(ii)

with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—

(I)

a State department of natural resources, forestry, or agriculture or a similar State agency;

(II)

a State department of energy or a similar State agency;

(III)

a county government, with preference given to counties at least a portion of which is in the wildland-urban interface; and

(IV)

a municipal government, with preference given to municipalities at least a portion of which is in the wildland-urban interface;

(iii)

with preference given to representatives from high-risk States and high-risk Indian tribal governments, not fewer than 1 representative from each of—

(I)

the public utility industry;

(II)

the property development industry;

(III)

Indian tribal governments;

(IV)

wildland firefighters; and

(V)

an organization—

(aa)

described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of that Code; and

(bb)

with expertise in forest management and environmental conservation;

(iv)

not greater than 2 other appropriate non-Federal stakeholders, which may include the private sector; and

(v)

any other appropriate non-Federal stakeholders, which may include the private sector, with preference given to non-Federal stakeholders from high-risk States and high-risk Indian tribal governments.

(2)

State limitation.— Each member of the Commission appointed under clauses (i) and (ii) of paragraph (1)(C) shall represent a different State.

(3)

Date.— The appointments of the members of the Commission shall be made not later than 60 days after the date of enactment of this Act.

(c)

Period of Appointment; Vacancies.—

(1)

In general.— A member of the Commission shall be appointed for the life of the Commission.

(2)

Vacancies.— A vacancy in the Commission—

(A)

shall not affect the powers of the Commission; and

(B)

shall be filled in the same manner as the original appointment.

(d)

Meetings.—

(1)

Initial meeting.— Not later than 30 days after the date on which all members of the Commission have been appointed, the Commission shall hold the first meeting of the Commission.

(2)

Frequency.— The Commission shall meet not less frequently than once every 30 days.

(3)

Type.— The Commission may hold meetings, and a member of the Commission may participate in a meeting, remotely through teleconference, video conference, or similar means.

(4)

Quorum.— A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings.

SEC. 70204. Duties of Commission.

(a)

Report on Recommendations to Mitigate and Manage Wildland Fires.—

(1)

In general.— Not later than 1 year after the date of the first meeting of the Commission, the Commission shall submit to the appropriate committees of Congress a report describing recommendations to prevent, mitigate, suppress, and manage wildland fires, including—

(A)

policy recommendations, including recommendations—

(i)

to maximize the protection of human life, community water supplies, homes, and other essential structures, which may include recommendations to expand the use of initial attack strategies;

(ii)

to facilitate efficient short- and long-term forest management in residential and nonresidential at-risk areas, which may include a review of community wildfire protection plans;

(iii)

to manage the wildland-urban interface;

(iv)

to manage utility corridors;

(v)

to rehabilitate land devastated by wildland fire; and

(vi)

to improve the capacity of the Secretary of Agriculture and the Secretary of the Interior to conduct hazardous fuels reduction projects;

(B)

policy recommendations described in subparagraph (A) with respect to any recommendations for—

(i)

categorical exclusions from the requirement to prepare an environmental impact statement or analysis under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); or

(ii)

additional staffing or resources that may be necessary to more expeditiously prepare an environmental impact statement or analysis under that Act;

(C)

policy recommendations for modernizing and expanding the use of technology, including satellite technology, remote sensing, unmanned aircraft systems, and any other type of emerging technology, to prevent, mitigate, suppress, and manage wildland fires, including any recommendations with respect to—

(i)

the implementation of section 1114 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act (43 U.S.C. 1748b–1); or

(ii)

improving early wildland fire detection;

(D)

an assessment of Federal spending on wildland fire-related disaster management, including—

(i)

a description and assessment of Federal grant programs for States and units of local government for pre- and post-wildland fire disaster mitigation and recovery, including—

(I)

the amount of funding provided under each program;

(II)

the effectiveness of each program with respect to long-term forest management and maintenance; and

(III)

recommendations to improve the effectiveness of each program, including with respect to—

(aa)

the conditions on the use of funds received under the program; and

(bb)

the extent to which additional funds are necessary for the program;

(ii)

an evaluation, including recommendations to improve the effectiveness in mitigating wildland fires, which may include authorizing prescribed fires, of—

(I)

the Building Resilient Infrastructure and Communities program under section 203 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133);

(II)

the Pre-Disaster Mitigation program under that section (42 U.S.C. 5133);

(III)

the Hazard Mitigation Grant Program under section 404 of that Act (42 U.S.C. 5170c);

(IV)

Hazard Mitigation Grant Program post-fire assistance under sections 404 and 420 of that Act (42 U.S.C. 5170c, 5187); and

(V)

such other programs as the Commission determines to be appropriate;

(iii)

an assessment of the definition of “small impoverished community” under section 203(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5133(a)), specifically—

(I)

the exclusion of the percentage of land owned by an entity other than a State or unit of local government; and

(II)

any related economic impact of that exclusion; and

(iv)

recommendations for Federal budgeting for wildland fires and post-wildfire recovery;

(E)

any recommendations for matters under subparagraph (A), (B), (C), or (D) specific to—

(i)

forest type, vegetation type, or forest and vegetation type; or

(ii)

State land, Tribal land, or private land;

(F)

(i)

a review of the national strategy described in the report entitled “The National Strategy: The Final Phase in the Development of the National Cohesive Wildland Fire Management Strategy” and dated April 2014; and

(ii)

any recommendations for changes to that national strategy to improve its effectiveness; and

(G)

(i)

an evaluation of coordination of response to, and suppression of, wildfires occurring on Federal, Tribal, State, and local land among Federal, Tribal, State, and local agencies with jurisdiction over that land; and

(ii)

any recommendations to improve the coordination described in clause (i).

(2)

Specific policy recommendations.— To the maximum extent practicable, the report described in paragraph (1) shall include detailed short- and long-term policy recommendations, including any recommendations for Federal legislation.

(3)

Interim reports.— Before the submission of the report under paragraph (1), on approval of all members of the Commission, the Commission may submit to the appropriate committees of Congress 1 or more interim reports, as the Commission determines to be appropriate, relating to any matters described in paragraph (1).

(b)

Report on Aerial Wildland Firefighting Equipment Strategy and Inventory Assessment.—

(1)

Submission of inventory to the commission.— Not later than 45 days after the date on which the Commission holds the first meeting of the Commission, the Secretary of Defense and the heads of other relevant Federal departments and agencies shall submit to the Commission an inventory of surplus cargo and passenger aircraft and excess common-use aircraft parts that may be used for wildland firefighting purposes, excluding any aircraft or aircraft parts that are—

(A)

reasonably anticipated to be necessary for military operations, readiness, or fleet management in the future; or

(B)

already obligated for purposes other than fighting wildland fires.

(2)

Submission of report to congress.— Not later than 90 days after the date on which the Commission receives the inventory described in paragraph (1), the Commission shall submit to the appropriate committees of Congress a report outlining a strategy to meet aerial firefighting equipment needs through 2030 in the most cost-effective manner, including—

(A)

an assessment of the expected number of aircraft and aircraft parts needed to fight wildland fires through 2030;

(B)

an assessment of existing authorities of the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use, including—

(i)

a description of the current use of each existing authority; and

(ii)

a description of any additional authorities that are needed for the Secretary of Defense and the heads of other relevant Federal departments and agencies to provide or sell surplus aircraft or aircraft parts to Federal, State, or local authorities for wildland firefighting use; and

(C)

recommendations to ensure the availability of aircraft and aircraft parts that the Commission expects will be necessary to fight wildland fires through 2030 in the most cost-effective manner.

(3)

Considerations for accessing aircraft and aircraft parts.— In developing the strategy in the report required under paragraph (2) and the recommendations under paragraph (2)(C), the Commission shall consider all private and public sector options for accessing necessary aircraft and aircraft parts, including procurement, contracting, retrofitting, and public-private partnerships.

(4)

Unclassified report.— The inventory and report submitted under paragraphs (1) and (2), respectively—

(A)

shall be unclassified; but

(B)

may include a classified annex.

(c)

Majority Requirement.— Not less than ⅔ of the members of the Commission shall approve the recommendations contained in each report submitted under subsection (a) or (b)(2).

SEC. 70205. Powers of Commission.

(a)

Hearings.— The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out this title.

(b)

Information From Federal Agencies.—

(1)

In general.— The Commission may secure directly from a Federal department or agency such information as the Commission considers necessary to carry out this title.

(2)

Furnishing information.— On request of the Chairpersons of the Commission, the head of the department or agency shall furnish the information to the Commission.

(c)

Postal Services.— The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the Federal Government.

(d)

Gifts.— The Commission may accept, use, and dispose of such gifts or donations of services or property as the Commission considers necessary to carry out this title.

SEC. 70206. Commission Personnel Matters.

(a)

No Compensation.— A member of the Commission shall serve without compensation.

(b)

Travel Expenses.— A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.

(c)

Staff.—

(1)

In general.— The Chairpersons of the Commission may, without regard to the civil service laws (including regulations), appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform its duties, except that the employment of an executive director shall be subject to confirmation by the Commission.

(2)

Compensation.— The Chairpersons of the Commission may fix the compensation of the executive director and other personnel without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for the executive director and other personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title.

(d)

Detail of Government Employees.— A Federal Government employee may be detailed to the Commission without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(e)

Procurement of Temporary and Intermittent Services.— The Chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of that title.

SEC. 70207. Termination of Commission.

The Commission shall terminate on the date that is 180 days after the date on which the Commission has submitted the reports under subsections (a) and (b) of section 70204.

TITLE III Reforestation

SEC. 70301. Short Title.

This title may be cited as the “Repairing Existing Public Land by Adding Necessary Trees Act” or the “REPLANT Act”.

SEC. 70302. Reforestation Following Wildfires and Other Unplanned Events.

(a)

Forest and Rangeland Renewable Resources Planning Act of 1974.—

(1)

National forest cover policy.—

(A)

In general.— Section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601) is amended—

(i)

by redesignating subsection (e) as subsection (f);

(ii)

by redesignating the second subsection (d) (relating to the policy of Congress regarding forested land in the National Forest System) as subsection (e); and

(iii)

in subsection (e) (as so redesignated)—

(I)

in paragraph (2)—

(aa)

in the first sentence—

(AA)

by striking “ 9 of this Act, the Secretary shall annually for eight years following the enactment of this subsection” and inserting “ 9, the Secretary shall, annually during each of the 10 years beginning after the date of enactment of the REPLANT Act”; and

(BB)

by striking “ eight-year” and inserting “ 10-year”;

(bb)

in the second sentence, by striking “ such eight-year period” and inserting “ the 10-year period”; and

(cc)

in the third sentence, by striking “ 1978” and inserting “ 2021”;

(II)

in paragraph (3), in the first sentence, by striking “ subsection (d)” and inserting “ subsection”; and

(III)

by adding at the end the following:

“(4) Reforestation requirements.—

“(A) Definitions.—In this paragraph:

“(i) Natural regeneration.—

“(I) In general.—The term ‘natural regeneration’ means the establishment of a tree or tree age class from natural seeding, sprouting, or suckering in accordance with the management objectives of an applicable land management plan.

“(II) Inclusion.—The term ‘natural regeneration’ may include any site preparation activity to enhance the success of regeneration to the desired species composition and structure.

“(ii) Priority land.—The term ‘priority land’ means National Forest System land that, due to an unplanned event—

“(I) does not meet the conditions for appropriate forest cover described in paragraph (1);

“(II) requires reforestation to meet the objectives of an applicable land management plan; and

“(III) is unlikely to experience natural regeneration without assistance.

“(iii) Reforestation.—The term ‘reforestation’ means the act of renewing tree cover, taking into consideration species composition and resilience, by establishing young trees through—

“(I) natural regeneration;

“(II) natural regeneration with site preparation; or

“(III) planting or direct seeding.

“(iv) Secretary.—The term ‘Secretary’ means the Secretary, acting through the Chief of the Forest Service.

“(v) Unplanned event.—

“(I) In general.—The term ‘unplanned event’ means any unplanned disturbance that—

“(aa) disrupts ecosystem or forest structure or composition; or

“(bb) changes resources, substrate availability, or the physical environment.

“(II) Inclusions.—The term ‘unplanned event’ may include—

“(aa) a wildfire;

“(bb) an infestation of insects or disease;

“(cc) a weather event; and

“(dd) animal damage.

“(B) Requirement.—Each reforestation activity under this section shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management.

“(C) Reforestation priority.—

“(i) In general.—In carrying out this subsection, the Secretary shall give priority to projects on the priority list described in clause (ii).

“(ii) Priority list.—

“(I) In general.—The Secretary shall, based on recommendations from regional foresters, create a priority list of reforestation projects that—

“(aa) primarily take place on priority land;

“(bb) promote effective reforestation following unplanned events; and

“(cc) may include activities to ensure adequate and appropriate seed availability.

“(II) Ranking.—The Secretary shall rank projects on the priority list under subclause (I) based on—

“(aa) documentation of an effective reforestation project plan;

“(bb) the ability to measure the progress and success of the project; and

“(cc) the ability of a project to provide benefits relating to forest function and health, soil health and productivity, wildlife habitat, improved air and water quality, carbon sequestration potential, resilience, job creation, and enhanced recreational opportunities.”

(B)

Conforming amendment.— Section 9 of the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2105) is amended, in the undesignated matter following paragraph (5) of subsection (g)—

(i)

by striking “ section 3(d)” and inserting “ subsection (e) of section 3”; and

(ii)

by striking “ 1601(d)” and inserting “ 1601”.

(2)

National forest system program elements.— Section 9 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1607) is amended, in the second sentence, by striking “ 2000” and inserting “ 2030”.

(b)

Reforestation Trust Fund.— Section 303 of Public Law 96–451 (16 U.S.C. 1606a) is amended—

(1)

in subsection (b)—

(A)

by striking paragraph (2);

(B)

in paragraph (3)—

(i)

in the second sentence, by striking “ Proper adjustment” and inserting the following:

“(3) Adjustment of estimates.—Proper adjustment”

; and

(ii)

by striking “ (3) The amounts” and inserting the following:

“(2) Frequency.—The amounts”

; and

(C)

by striking the subsection designation and all that follows through “ the Secretary” in paragraph (1) and inserting the following:

“(b) Transfers to Trust Fund.—

“(1) In general.—The Secretary”

; and

(2)

in subsection (d)(1)—

(A)

by striking “ section 3(d)” and inserting “ subsection (e) of section 3”; and

(B)

by striking “ 1601(d)” and inserting “ 1601”.

SEC. 70303. Report.

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary of Agriculture shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives, and make publicly available on the website of the Forest Service, a report that describes, with respect to the preceding year—

(1)

an evaluation of the degree to which the Secretary has achieved compliance with the requirements contained in the amendments made by this title, including, as a result of those amendments, the number of acres covered by reforestation projects that follow unplanned events (such as wildfires);

(2)

the total number of acres of land reforested under each authority of the Secretary under which reforestation projects have been carried out;

(3)

the number of acres of National Forest System land affected by, and the substance of reforestation needs on that land resulting from, unplanned events; and

(4)

the number of acres in need of reforestation under subsection (e)(1) of section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. 1601).

TITLE IV Recycling Practices

SEC. 70401. Best Practices for Battery Recycling and Labeling Guidelines.

(a)

Definitions.— In this section:

(1)

Administrator.— The term “Administrator” means the Administrator of the Environmental Protection Agency.

(2)

Battery.— The term “battery” means a device that—

(A)

consists of 1 or more electrochemical cells that are electrically connected; and

(B)

is designed to store and deliver electric energy.

(3)

Recycling.— The term “recycling” means the series of activities—

(A)

during which recyclable materials are processed into specification-grade commodities, and consumed as raw-material feedstock, in lieu of virgin materials, in the manufacturing of new products;

(B)

that may include collection, processing, and brokering; and

(C)

that result in subsequent consumption by a materials manufacturer, including for the manufacturing of new products.

(b)

Best Practices for Collection of Batteries to Be Recycled.—

(1)

In general.— The Administrator shall develop best practices that may be implemented by State, Tribal, and local governments with respect to the collection of batteries to be recycled in a manner that—

(A)

to the maximum extent practicable, is technically and economically feasible for State, Tribal, and local governments;

(B)

is environmentally sound and safe for waste management workers; and

(C)

optimizes the value and use of material derived from recycling of batteries.

(2)

Consultation.— The Administrator shall develop the best practices described in paragraph (1) in coordination with State, Tribal, and local governments and relevant nongovernmental and private sector entities.

(3)

Report.— Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the best practices developed under paragraph (1).

(4)

Authorization of appropriations.— There is authorized to be appropriated to the Administrator to carry out this subsection $10,000,000 for fiscal year 2022, to remain available until September 30, 2026.

(c)

Voluntary Labeling Guidelines.—

(1)

In general.— There is established within the Environmental Protection Agency a program (referred to in this subsection as the “program”) to promote battery recycling through the development of—

(A)

voluntary labeling guidelines for batteries; and

(B)

other forms of communication materials for battery producers and consumers about the reuse and recycling of critical materials from batteries.

(2)

Purposes.— The purposes of the program are to improve battery collection and reduce battery waste, including by—

(A)

identifying battery collection locations and increasing accessibility to those locations;

(B)

promoting consumer education about battery collection and recycling; and

(C)

reducing safety concerns relating to the improper disposal of batteries.

(3)

Other standards and law.— The Administrator shall make every reasonable effort to ensure that voluntary labeling guidelines and other forms of communication materials developed under the program are consistent with—

(A)

international battery labeling standards; and

(B)

the Mercury-Containing and Rechargeable Battery Management Act (42 U.S.C. 14301 et seq.).

(4)

Authorization of appropriations.— There is authorized to be appropriated to the Administrator to carry out this subsection $15,000,000 for fiscal year 2022, to remain available until September 30, 2026.

SEC. 70402. Consumer Recycling Education and Outreach Grant Program; Federal Procurement.

(a)

Definition of Administrator.— In this section, the term “Administrator” means the Administrator of the Environmental Protection Agency.

(b)

Consumer Recycling Education and Outreach Grant Program.—

(1)

In general.— The Administrator shall establish a program (referred to in this subsection as the “grant program”) to award competitive grants to eligible entities to improve the effectiveness of residential and community recycling programs through public education and outreach.

(2)

Criteria.— The Administrator shall award grants under the grant program for projects that, by using one or more eligible activities described in paragraph (5)—

(A)

inform the public about residential or community recycling programs;

(B)

provide information about the recycled materials that are accepted as part of a residential or community recycling program that provides for the separate collection of residential solid waste from recycled material; and

(C)

increase collection rates and decrease contamination in residential and community recycling programs.

(3)

Eligible entities.—

(A)

In general.— An entity that is eligible to receive a grant under the grant program is—

(i)

a State;

(ii)

a unit of local government;

(iii)

an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304));

(iv)

a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517));

(v)

the Department of Hawaiian Home Lands;

(vi)

the Office of Hawaiian Affairs;

(vii)

a nonprofit organization; or

(viii)

a public-private partnership.

(B)

Coordination of activities.— 2 or more entities described in subparagraph (A) may receive a grant under the grant program to coordinate the provision of information to residents that may access 2 or more residential recycling programs, including programs that accept different recycled materials, to provide to the residents information regarding differences among those residential recycling programs.

(4)

Requirement.—

(A)

In general.— To receive a grant under the grant program, an eligible entity shall demonstrate to the Administrator that the grant funds will be used to encourage the collection of recycled materials that are sold to an existing or developing market.

(B)

Business plans and financial data.—

(i)

In general.— An eligible entity may make a demonstration under subparagraph (A) through the submission to the Administrator of appropriate business plans and financial data.

(ii)

Confidentiality.— The Administrator shall treat any business plans or financial data received under clause (i) as confidential information.

(5)

Eligible activities.— An eligible entity that receives a grant under the grant program may use the grant funds for activities including—

(A)

public service announcements;

(B)

a door-to-door education and outreach campaign;

(C)

social media and digital outreach;

(D)

an advertising campaign on recycling awareness;

(E)

the development and dissemination of—

(i)

a toolkit for a municipal and commercial recycling program;

(ii)

information on the importance of quality in the recycling stream;

(iii)

information on the economic and environmental benefits of recycling; and

(iv)

information on what happens to materials after the materials are placed into a residential or community recycling program;

(F)

businesses recycling outreach;

(G)

bin, cart, and other receptacle labeling and signs; and

(H)

such other activities that the Administrator determines are appropriate to carry out the purposes of this subsection.

(6)

Prohibition on use of funds.— No funds may be awarded under the grant program for a residential recycling program that—

(A)

does not provide for the separate collection of residential solid waste (as defined in section 246.101 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) from recycled material (as defined in that section), unless the funds are used to promote a transition to a system that separately collects recycled materials; or

(B)

promotes the establishment of, or conversion to, a residential collection system that does not provide for the separate collection of residential solid waste from recycled material (as those terms are defined under subparagraph (A)).

(7)

Model recycling program toolkit.—

(A)

In general.— In carrying out the grant program, the Administrator, in consultation with other relevant Federal agencies, States, Indian Tribes, units of local government, nonprofit organizations, and the private sector, shall develop a model recycling program toolkit for States, Indian Tribes, and units of local government that includes, at a minimum—

(i)

a standardized set of terms and examples that may be used to describe materials that are accepted by a residential recycling program;

(ii)

information that the Administrator determines can be widely applied across residential recycling programs, taking into consideration the differences in recycled materials accepted by residential recycling programs;

(iii)

educational principles on best practices for the collection and processing of recycled materials;

(iv)

a community self-assessment guide to identify gaps in existing recycling programs;

(v)

training modules that enable States and nonprofit organizations to provide technical assistance to units of local government;

(vi)

access to consumer educational materials that States, Indian Tribes, and units of local government can adapt and use in recycling programs; and

(vii)

a guide to measure the effectiveness of a grant received under the grant program, including standardized measurements for recycling rates and decreases in contamination.

(B)

Requirement.— In developing the standardized set of terms and examples under subparagraph (A)(i), the Administrator may not establish any requirements for—

(i)

what materials shall be accepted by a residential recycling program; or

(ii)

the labeling of products.

(8)

School curriculum.— The Administrator shall provide assistance to the educational community, including nonprofit organizations, such as an organization the science, technology, engineering, and mathematics program of which incorporates recycling, to promote the introduction of recycling principles and best practices into public school curricula.

(9)

Reports.—

(A)

To the administrator.— Not earlier than 180 days, and not later than 2 years, after the date on which a grant under the grant program is awarded to an eligible entity, the eligible entity shall submit to the Administrator a report describing, by using the guide developed under paragraph (7)(A)(vii)—

(i)

the change in volume of recycled material collected through the activities funded with the grant;

(ii)

the change in participation rate of the recycling program funded with the grant;

(iii)

the reduction of contamination in the recycling stream as a result of the activities funded with the grant; and

(iv)

such other information as the Administrator determines to be appropriate.

(B)

To congress.— The Administrator shall submit to Congress an annual report describing—

(i)

the effectiveness of residential recycling programs awarded funds under the grant program, including statistics comparing the quantity and quality of recycled materials collected by those programs, as described in the reports submitted to the Administrator under subparagraph (A); and

(ii)

recommendations on additional actions to improve residential recycling.

(c)

Federal Procurement.— Section 6002 of the Solid Waste Disposal Act (42 U.S.C. 6962) is amended—

(1)

in subsection (e), in the matter preceding paragraph (1), by striking “ and from time to time, revise” and inserting “ review not less frequently than once every 5 years, and, if appropriate, revise, in consultation with recyclers and manufacturers of products containing recycled content, not later than 2 years after the completion of the initial review after the date of enactment of the Infrastructure Investment and Jobs Act and thereafter, as appropriate”; and

(2)

by adding at the end the following:

“(j) Consultation and Provision of Information by Administrator.—The Administrator shall—

“(1) consult with each procuring agency, including contractors of the procuring agency, to clarify the responsibilities of the procuring agency under this section; and

“(2) provide to each procuring agency information on the requirements under this section and the responsibilities of the procuring agency under this section.

“(k) Reports.—The Administrator, in consultation with the Administrator of General Services, shall submit to Congress an annual report describing—

“(1) the quantity of federally procured recycled products listed in the guidelines under subsection (e); and

“(2) with respect to the products described in paragraph (1), the percentage of recycled material in each product.”

(d)

Authorization of Appropriations.—

(1)

In general.— There is authorized to be appropriated to the Administrator to carry out this section and the amendments made by this section $15,000,000 for each of fiscal years 2022 through 2026.

(2)

Requirement.— Of the amount made available under paragraph (1) for a fiscal year, not less than 20 percent shall be allocated to—

(A)

low-income communities;

(B)

rural communities; and

(C)

communities identified as Native American pursuant to section 2(9) of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001(9)).

TITLE V Bioproduct Pilot Program

SEC. 70501. Pilot Program on Use of Agricultural Commodities in Construction and Consumer Products.

(a)

Definitions.— In this section:

(1)

Construction product.— The term “construction product” means any article, or component part thereof, produced or distributed for use during the construction, maintenance, or preservation of a highway, road, street, bridge, building, dam, port, or airport construction project.

(2)

Consumer product.— The term “consumer product” means—

(A)

any article, or component part thereof, produced or distributed—

(i)

for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; or

(ii)

for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; and

(B)

any product or product category described in subparagraphs (A) through (I) of section 3(a)(5) of the Consumer Product Safety Act (15 U.S.C. 2052(a)(5)).

(3)

Covered agricultural commodity.— The term “covered agricultural commodity” means any agricultural commodity, food, feed, fiber, livestock, oil, or a derivative thereof, that the Secretary determines to have been used in the production of materials that have demonstrated market viability and benefits (as described in paragraphs (1) through (7) of subsection (b)) as of the date of enactment of this Act.

(4)

Qualified institution.— The term “qualified institution” means a bioproducts research facility that—

(A)

is funded, in part, by a State;

(B)

is located within a reasonable distance, not to exceed 3 miles, of the primary residence hall of an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));

(C)

provides students opportunities to engage in research activities; and

(D)

provides opportunities for an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))) to collaborate with private enterprise.

(5)

Secretary.— The term “Secretary” means the Secretary of Agriculture.

(b)

Establishment.— The Secretary shall carry out a pilot program under which the Secretary shall partner with not less than 1 qualified institution to study the benefits of using materials derived from covered agricultural commodities in the production of construction products and consumer products, including—

(1)

cost savings relative to other commonly used alternative materials;

(2)

greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials;

(3)

life-cycle and longevity-extending characteristics relative to other commonly used alternative materials;

(4)

life-cycle and longevity-reducing characteristics relative to other commonly used alternative materials;

(5)

landfill quantity and waste management cost reductions;

(6)

product development and production scale-up; and

(7)

any other benefits that the Secretary determines to be appropriate.

(c)

Authorization of Appropriations.— There is authorized to be appropriated to the Secretary to carry out this section $2,000,000 for each of fiscal years 2022 through 2023.

TITLE VI Cybersecurity

Subtitle A Cyber Response and Recovery Act

SEC. 70601. Short Title.

This subtitle may be cited as the “Cyber Response and Recovery Act”.

SEC. 70602. Declaration of a Significant Incident.

(a)

In General.— Title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:

“Subtitle C— Declaration of a Significant Incident

“SEC. 2231. SENSE OF CONGRESS.

“It is the sense of Congress that—

“(1) the purpose of this subtitle is to authorize the Secretary to declare that a significant incident has occurred and to establish the authorities that are provided under the declaration to respond to and recover from the significant incident; and

“(2) the authorities established under this subtitle are intended to enable the Secretary to provide voluntary assistance to non-Federal entities impacted by a significant incident.

“SEC. 2232. DEFINITIONS.

“For the purposes of this subtitle:

“(1) Asset response activity.—The term ‘asset response activity’ means an activity to support an entity impacted by an incident with the response to, remediation of, or recovery from, the incident, including—

“(A) furnishing technical and advisory assistance to the entity to protect the assets of the entity, mitigate vulnerabilities, and reduce the related impacts;

“(B) assessing potential risks to the critical infrastructure sector or geographic region impacted by the incident, including potential cascading effects of the incident on other critical infrastructure sectors or geographic regions;

“(C) developing courses of action to mitigate the risks assessed under subparagraph (B);

“(D) facilitating information sharing and operational coordination with entities performing threat response activities; and

“(E) providing guidance on how best to use Federal resources and capabilities in a timely, effective manner to speed recovery from the incident.

“(2) Declaration.—The term ‘declaration’ means a declaration of the Secretary under section 2233(a)(1).

“(3) Director.—The term ‘Director’ means the Director of the Cybersecurity and Infrastructure Security Agency.

“(4) Federal agency.—The term ‘Federal agency’ has the meaning given the term ‘agency’ in section 3502 of title 44, United States Code.

“(5) Fund.—The term ‘Fund’ means the Cyber Response and Recovery Fund established under section 2234(a).

“(6) Incident.—The term ‘incident’ has the meaning given the term in section 3552 of title 44, United States Code.

“(7) Renewal.—The term ‘renewal’ means a renewal of a declaration under section 2233(d).

“(8) Significant incident.—The term ‘significant incident’—

“(A) means an incident or a group of related incidents that results, or is likely to result, in demonstrable harm to—

“(i) the national security interests, foreign relations, or economy of the United States; or

“(ii) the public confidence, civil liberties, or public health and safety of the people of the United States; and

“(B) does not include an incident or a portion of a group of related incidents that occurs on—

“(i) a national security system (as defined in section 3552 of title 44, United States Code); or

“(ii) an information system described in paragraph (2) or (3) of section 3553(e) of title 44, United States Code.

“SEC. 2233. DECLARATION.

“(a) In General.—

“(1) Declaration.—The Secretary, in consultation with the National Cyber Director, may make a declaration of a significant incident in accordance with this section for the purpose of enabling the activities described in this subtitle if the Secretary determines that—

“(A) a specific significant incident—

“(i) has occurred; or

“(ii) is likely to occur imminently; and

“(B) otherwise available resources, other than the Fund, are likely insufficient to respond effectively to, or to mitigate effectively, the specific significant incident described in subparagraph (A).

“(2) Prohibition on delegation.—The Secretary may not delegate the authority provided to the Secretary under paragraph (1).

“(b) Asset Response Activities.—Upon a declaration, the Director shall coordinate—

“(1) the asset response activities of each Federal agency in response to the specific significant incident associated with the declaration; and

“(2) with appropriate entities, which may include—

“(A) public and private entities and State and local governments with respect to the asset response activities of those entities and governments; and

“(B) Federal, State, local, and Tribal law enforcement agencies with respect to investigations and threat response activities of those law enforcement agencies; and

“(3) Federal, State, local, and Tribal emergency management and response agencies.

“(c) Duration.—Subject to subsection (d), a declaration shall terminate upon the earlier of—

“(1) a determination by the Secretary that the declaration is no longer necessary; or

“(2) the expiration of the 120-day period beginning on the date on which the Secretary makes the declaration.

“(d) Renewal.—The Secretary, without delegation, may renew a declaration as necessary.

“(e) Publication.—

“(1) In general.—Not later than 72 hours after a declaration or a renewal, the Secretary shall publish the declaration or renewal in the Federal Register.

“(2) Prohibition.—A declaration or renewal published under paragraph (1) may not include the name of any affected individual or private company.

“(f) Advance Actions.—

“(1) In general.—The Secretary—

“(A) shall assess the resources available to respond to a potential declaration; and

“(B) may take actions before and while a declaration is in effect to arrange or procure additional resources for asset response activities or technical assistance the Secretary determines necessary, which may include entering into standby contracts with private entities for cybersecurity services or incident responders in the event of a declaration.

“(2) Expenditure of funds.—Any expenditure from the Fund for the purpose of paragraph (1)(B) shall be made from amounts available in the Fund, and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purpose.

“SEC. 2234. CYBER RESPONSE AND RECOVERY FUND.

“(a) In General.—There is established a Cyber Response and Recovery Fund, which shall be available for—

“(1) the coordination of activities described in section 2233(b);

“(2) response and recovery support for the specific significant incident associated with a declaration to Federal, State, local, and Tribal, entities and public and private entities on a reimbursable or non-reimbursable basis, including through asset response activities and technical assistance, such as—

“(A) vulnerability assessments and mitigation;

“(B) technical incident mitigation;

“(C) malware analysis;

“(D) analytic support;

“(E) threat detection and hunting; and

“(F) network protections;

“(3) as the Director determines appropriate, grants for, or cooperative agreements with, Federal, State, local, and Tribal public and private entities to respond to, and recover from, the specific significant incident associated with a declaration, such as—

“(A) hardware or software to replace, update, improve, harden, or enhance the functionality of existing hardware, software, or systems; and

“(B) technical contract personnel support; and

“(4) advance actions taken by the Secretary under section 2233(f)(1)(B).

“(b) Deposits and Expenditures.—

“(1) In general.—Amounts shall be deposited into the Fund from—

“(A) appropriations to the Fund for activities of the Fund; and

“(B) reimbursement from Federal agencies for the activities described in paragraphs (1), (2), and (4) of subsection (a), which shall only be from amounts made available in advance in appropriations Acts for such reimbursement.

“(2) Expenditures.—Any expenditure from the Fund for the purposes of this subtitle shall be made from amounts available in the Fund from a deposit described in paragraph (1), and amounts available in the Fund shall be in addition to any other appropriations available to the Cybersecurity and Infrastructure Security Agency for such purposes.

“(c) Supplement Not Supplant.—Amounts in the Fund shall be used to supplement, not supplant, other Federal, State, local, or Tribal funding for activities in response to a declaration.

“(d) Reporting.—The Secretary shall require an entity that receives amounts from the Fund to submit a report to the Secretary that details the specific use of the amounts.

“SEC. 2235. NOTIFICATION AND REPORTING.

“(a) Notification.—Upon a declaration or renewal, the Secretary shall immediately notify the National Cyber Director and appropriate congressional committees and include in the notification—

“(1) an estimation of the planned duration of the declaration;

“(2) with respect to a notification of a declaration, the reason for the declaration, including information relating to the specific significant incident or imminent specific significant incident, including—

“(A) the operational or mission impact or anticipated impact of the specific significant incident on Federal and non-Federal entities;

“(B) if known, the perpetrator of the specific significant incident; and

“(C) the scope of the Federal and non-Federal entities impacted or anticipated to be impacted by the specific significant incident;

“(3) with respect to a notification of a renewal, the reason for the renewal;

“(4) justification as to why available resources, other than the Fund, are insufficient to respond to or mitigate the specific significant incident; and

“(5) a description of the coordination activities described in section 2233(b) that the Secretary anticipates the Director to perform.

“(b) Report to Congress.—Not later than 180 days after the date of a declaration or renewal, the Secretary shall submit to the appropriate congressional committees a report that includes—

“(1) the reason for the declaration or renewal, including information and intelligence relating to the specific significant incident that led to the declaration or renewal;

“(2) the use of any funds from the Fund for the purpose of responding to the incident or threat described in paragraph (1);

“(3) a description of the actions, initiatives, and projects undertaken by the Department and State and local governments and public and private entities in responding to and recovering from the specific significant incident described in paragraph (1);

“(4) an accounting of the specific obligations and outlays of the Fund; and

“(5) an analysis of—

“(A) the impact of the specific significant incident described in paragraph (1) on Federal and non-Federal entities;

“(B) the impact of the declaration or renewal on the response to, and recovery from, the specific significant incident described in paragraph (1); and

“(C) the impact of the funds made available from the Fund as a result of the declaration or renewal on the recovery from, and response to, the specific significant incident described in paragraph (1).

“(c) Classification.—Each notification made under subsection (a) and each report submitted under subsection (b)—

“(1) shall be in an unclassified form with appropriate markings to indicate information that is exempt from disclosure under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’); and

“(2) may include a classified annex.

“(d) Consolidated Report.—The Secretary shall not be required to submit multiple reports under subsection (b) for multiple declarations or renewals if the Secretary determines that the declarations or renewals substantively relate to the same specific significant incident.

“(e) Exemption.—The requirements of subchapter I of chapter 35 of title 44 (commonly known as the ‘Paperwork Reduction Act’) shall not apply to the voluntary collection of information by the Department during an investigation of, a response to, or an immediate post-response review of, the specific significant incident leading to a declaration or renewal.

“SEC. 2236. RULE OF CONSTRUCTION.

“Nothing in this subtitle shall be construed to impair or limit the ability of the Director to carry out the authorized activities of the Cybersecurity and Infrastructure Security Agency.

“SEC. 2237. AUTHORIZATION OF APPROPRIATIONS.

“There are authorized to be appropriated to the Fund $20,000,000 for fiscal year 2022 and each fiscal year thereafter until September 30, 2028, which shall remain available until September 30, 2028.

“SEC. 2238. SUNSET.

“The authorities granted to the Secretary or the Director under this subtitle shall expire on the date that is 7 years after the date of enactment of this subtitle.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by adding at the end the following:

“Subtitle C— Declaration of a Significant Incident

“Sec. 2231. Sense of congress.

“Sec. 2232. Definitions.

“Sec. 2233. Declaration.

“Sec. 2234. Cyber response and recovery fund.

“Sec. 2235. Notification and reporting.

“Sec. 2236. Rule of construction.

“Sec. 2237. Authorization of appropriations.

“Sec. 2238. Sunset.”.

Subtitle B State and Local Cybersecurity Improvement Act

SEC. 70611. Short Title.

This subtitle may be cited as the “State and Local Cybersecurity Improvement Act”.

SEC. 70612. State and Local Cybersecurity Grant Program.

(a)

In General.— Subtitle A of title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the following:

“SEC. 2218. STATE AND LOCAL CYBERSECURITY GRANT PROGRAM.

“(a) Definitions.—In this section:

“(1) Appropriate committees of congress.—The term ‘appropriate committees of Congress’ means—

“(A) the Committee on Homeland Security and Governmental Affairs of the Senate; and

“(B) the Committee on Homeland Security of the House of Representatives.

“(2) Cyber threat indicator.—The term ‘cyber threat indicator’ has the meaning given the term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

“(3) Cybersecurity plan.—The term ‘Cybersecurity Plan’ means a plan submitted by an eligible entity under subsection (e)(1).

“(4) Eligible entity.—The term ‘eligible entity’ means a—

“(A) State; or

“(B) Tribal government.

“(5) Incident.—The term ‘incident’ has the meaning given the term in section 2209.

“(6) Information sharing and analysis organization.—The term ‘information sharing and analysis organization’ has the meaning given the term in section 2222.

“(7) Information system.—The term ‘information system’ has the meaning given the term in section 102 of the Cybersecurity Act of 2015 (6 U.S.C. 1501).

“(8) Multi-entity group.—The term ‘multi-entity group’ means a group of 2 or more eligible entities desiring a grant under this section.

“(9) Online service.—The term ‘online service’ means any internet-facing service, including a website, email, virtual private network, or custom application.

“(10) Rural area.—The term ‘rural area’ has the meaning given the term in section 5302 of title 49, United States Code.

“(11) State and local cybersecurity grant program.—The term ‘State and Local Cybersecurity Grant Program’ means the program established under subsection (b).

“(12) Tribal government.—The term ‘Tribal government’ means the recognized governing body of any Indian or Alaska Native Tribe, band, nation, pueblo, village, community, component band, or component reservation, that is individually identified (including parenthetically) in the most recent list published pursuant to Section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).

“(b) Establishment.—

“(1) In general.—There is established within the Department a program to award grants to eligible entities to address cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments.

“(2) Application.—An eligible entity desiring a grant under the State and Local Cybersecurity Grant Program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(c) Administration.—The State and Local Cybersecurity Grant Program shall be administered in the same office of the Department that administers grants made under sections 2003 and 2004.

“(d) Use of Funds.—An eligible entity that receives a grant under this section and a local government that receives funds from a grant under this section, as appropriate, shall use the grant to—

“(1) implement the Cybersecurity Plan of the eligible entity;

“(2) develop or revise the Cybersecurity Plan of the eligible entity;

“(3) pay expenses directly relating to the administration of the grant, which shall not exceed 5 percent of the amount of the grant;

“(4) assist with activities that address imminent cybersecurity threats, as confirmed by the Secretary, acting through the Director, to the information systems owned or operated by, or on behalf of, the eligible entity or a local government within the jurisdiction of the eligible entity; or

“(5) fund any other appropriate activity determined by the Secretary, acting through the Director.

“(e) Cybersecurity Plans.—

“(1) In general.—An eligible entity applying for a grant under this section shall submit to the Secretary a Cybersecurity Plan for review in accordance with subsection (i).

“(2) Required elements.—A Cybersecurity Plan of an eligible entity shall—

“(A) incorporate, to the extent practicable—

“(i) any existing plans of the eligible entity to protect against cybersecurity risks and cybersecurity threats to information systems owned or operated by, or on behalf of, State, local, or Tribal governments; and

“(ii) if the eligible entity is a State, consultation and feedback from local governments and associations of local governments within the jurisdiction of the eligible entity;

“(B) describe, to the extent practicable, how the eligible entity will—

“(i) manage, monitor, and track information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, and the information technology deployed on those information systems, including legacy information systems and information technology that are no longer supported by the manufacturer of the systems or technology;

“(ii) monitor, audit, and, track network traffic and activity transiting or traveling to or from information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity;

“(iii) enhance the preparation, response, and resiliency of information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, against cybersecurity risks and cybersecurity threats;

“(iv) implement a process of continuous cybersecurity vulnerability assessments and threat mitigation practices prioritized by degree of risk to address cybersecurity risks and cybersecurity threats on information systems, applications, and user accounts owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity;

“(v) ensure that the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, adopt and use best practices and methodologies to enhance cybersecurity, such as—

“(I) the practices set forth in the cybersecurity framework developed by the National Institute of Standards and Technology;

“(II) cyber chain supply chain risk management best practices identified by the National Institute of Standards and Technology; and

“(III) knowledge bases of adversary tools and tactics;

“(vi) promote the delivery of safe, recognizable, and trustworthy online services by the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, including through the use of the .gov internet domain;

“(vii) ensure continuity of operations of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, in the event of a cybersecurity incident, including by conducting exercises to practice responding to a cybersecurity incident;

“(viii) use the National Initiative for Cybersecurity Education Workforce Framework for Cybersecurity developed by the National Institute of Standards and Technology to identify and mitigate any gaps in the cybersecurity workforces of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, enhance recruitment and retention efforts for those workforces, and bolster the knowledge, skills, and abilities of personnel of the eligible entity and, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, to address cybersecurity risks and cybersecurity threats, such as through cybersecurity hygiene training;

“(ix) if the eligible entity is a State, ensure continuity of communications and data networks within the jurisdiction of the eligible entity between the eligible entity and local governments within the jurisdiction of the eligible entity in the event of an incident involving those communications or data networks;

“(x) assess and mitigate, to the greatest degree possible, cybersecurity risks and cybersecurity threats relating to critical infrastructure and key resources, the degradation of which may impact the performance of information systems within the jurisdiction of the eligible entity;

“(xi) enhance capabilities to share cyber threat indicators and related information between the eligible entity and—

“(I) if the eligible entity is a State, local governments within the jurisdiction of the eligible entity, including by expanding information sharing agreements with the Department; and

“(II) the Department;

“(xii) leverage cybersecurity services offered by the Department;

“(xiii) implement an information technology and operational technology modernization cybersecurity review process that ensures alignment between information technology and operational technology cybersecurity objectives;

“(xiv) develop and coordinate strategies to address cybersecurity risks and cybersecurity threats in consultation with—

“(I) if the eligible entity is a State, local governments and associations of local governments within the jurisdiction of the eligible entity; and

“(II) as applicable—

“(aa) eligible entities that neighbor the jurisdiction of the eligible entity or, as appropriate, members of an information sharing and analysis organization; and

“(bb) countries that neighbor the jurisdiction of the eligible entity;

“(xv) ensure adequate access to, and participation in, the services and programs described in this subparagraph by rural areas within the jurisdiction of the eligible entity; and

“(xvi) distribute funds, items, services, capabilities, or activities to local governments under subsection (n)(2)(A), including the fraction of that distribution the eligible entity plans to distribute to rural areas under subsection (n)(2)(B);

“(C) assess the capabilities of the eligible entity relating to the actions described in subparagraph (B);

“(D) describe, as appropriate and to the extent practicable, the individual responsibilities of the eligible entity and local governments within the jurisdiction of the eligible entity in implementing the plan;

“(E) outline, to the extent practicable, the necessary resources and a timeline for implementing the plan; and

“(F) describe the metrics the eligible entity will use to measure progress towards—

“(i) implementing the plan; and

“(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, the eligible entity or, if the eligible entity is a State, local governments within the jurisdiction of the eligible entity.

“(3) Discretionary elements.—In drafting a Cybersecurity Plan, an eligible entity may—

“(A) consult with the Multi-State Information Sharing and Analysis Center;

“(B) include a description of cooperative programs developed by groups of local governments within the jurisdiction of the eligible entity to address cybersecurity risks and cybersecurity threats; and

“(C) include a description of programs provided by the eligible entity to support local governments and owners and operators of critical infrastructure to address cybersecurity risks and cybersecurity threats.

“(f) Multi-entity Grants.—

“(1) In general.—The Secretary may award grants under this section to a multi-entity group to support multi-entity efforts to address cybersecurity risks and cybersecurity threats to information systems within the jurisdictions of the eligible entities that comprise the multi-entity group.

“(2) Satisfaction of other requirements.—In order to be eligible for a multi-entity grant under this subsection, each eligible entity that comprises a multi-entity group shall have—

“(A) a Cybersecurity Plan that has been reviewed by the Secretary in accordance with subsection (i); and

“(B) a cybersecurity planning committee established in accordance with subsection (g).

“(3) Application.—

“(A) In general.—A multi-entity group applying for a multi-entity grant under paragraph (1) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(B) Multi-entity project plan.—An application for a grant under this section of a multi-entity group under subparagraph (A) shall include a plan describing—

“(i) the division of responsibilities among the eligible entities that comprise the multi-entity group;

“(ii) the distribution of funding from the grant among the eligible entities that comprise the multi-entity group; and

“(iii) how the eligible entities that comprise the multi-entity group will work together to implement the Cybersecurity Plan of each of those eligible entities.

“(g) Planning Committees.—

“(1) In general.—An eligible entity that receives a grant under this section shall establish a cybersecurity planning committee to—

“(A) assist with the development, implementation, and revision of the Cybersecurity Plan of the eligible entity;

“(B) approve the Cybersecurity Plan of the eligible entity; and

“(C) assist with the determination of effective funding priorities for a grant under this section in accordance with subsections (d) and (j).

“(2) Composition.—A committee of an eligible entity established under paragraph (1) shall—

“(A) be comprised of representatives from—

“(i) the eligible entity;

“(ii) if the eligible entity is a State, counties, cities, and towns within the jurisdiction of the eligible entity; and

“(iii) institutions of public education and health within the jurisdiction of the eligible entity; and

“(B) include, as appropriate, representatives of rural, suburban, and high-population jurisdictions.

“(3) Cybersecurity expertise.—Not less than one-half of the representatives of a committee established under paragraph (1) shall have professional experience relating to cybersecurity or information technology.

“(4) Rule of construction regarding existing planning committees.—Nothing in this subsection shall be construed to require an eligible entity to establish a cybersecurity planning committee if the eligible entity has established and uses a multijurisdictional planning committee or commission that—

“(A) meets the requirements of this subsection; or

“(B) may be expanded or leveraged to meet the requirements of this subsection, including through the formation of a cybersecurity planning subcommittee.

“(5) Rule of construction regarding control of information systems of eligible entities.—Nothing in this subsection shall be construed to permit a cybersecurity planning committee of an eligible entity that meets the requirements of this subsection to make decisions relating to information systems owned or operated by, or on behalf of, the eligible entity.

“(h) Special Rule for Tribal Governments.—With respect to any requirement under subsection (e) or (g), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may prescribe an alternative substantively similar requirement for Tribal governments if the Secretary finds that the alternative requirement is necessary for the effective delivery and administration of grants to Tribal governments under this section.

“(i) Review of Plans.—

“(1) Review as condition of grant.—

“(A) In general.—Subject to paragraph (3), before an eligible entity may receive a grant under this section, the Secretary, acting through the Director, shall—

“(i) review the Cybersecurity Plan of the eligible entity, including any revised Cybersecurity Plans of the eligible entity; and

“(ii) determine that the Cybersecurity Plan reviewed under clause (i) satisfies the requirements under paragraph (2).

“(B) Duration of determination.—In the case of a determination under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), the determination shall be effective for the 2-year period beginning on the date of the determination.

“(C) Annual renewal.—Not later than 2 years after the date on which the Secretary determines under subparagraph (A)(ii) that a Cybersecurity Plan satisfies the requirements under paragraph (2), and annually thereafter, the Secretary, acting through the Director, shall—

“(i) determine whether the Cybersecurity Plan and any revisions continue to meet the criteria described in paragraph (2); and

“(ii) renew the determination if the Secretary, acting through the Director, makes a positive determination under clause (i).

“(2) Plan requirements.—In reviewing a Cybersecurity Plan of an eligible entity under this subsection, the Secretary, acting through the Director, shall ensure that the Cybersecurity Plan—

“(A) satisfies the requirements of subsection (e)(2); and

“(B) has been approved by—

“(i) the cybersecurity planning committee of the eligible entity established under subsection (g); and

“(ii) the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity.

“(3) Exception.—Notwithstanding subsection (e) and paragraph (1) of this subsection, the Secretary may award a grant under this section to an eligible entity that does not submit a Cybersecurity Plan to the Secretary for review before September 30, 2023, if the eligible entity certifies to the Secretary that—

“(A) the activities that will be supported by the grant are—

“(i) integral to the development of the Cybersecurity Plan of the eligible entity; or

“(ii) necessary to assist with activities described in subsection (d)(4), as confirmed by the Director; and

“(B) the eligible entity will submit to the Secretary a Cybersecurity Plan for review under this subsection by September 30, 2023.

“(4) Rule of construction.—Nothing in this subsection shall be construed to provide authority to the Secretary to—

“(A) regulate the manner by which an eligible entity or local government improves the cybersecurity of the information systems owned or operated by, or on behalf of, the eligible entity or local government; or

“(B) condition the receipt of grants under this section on—

“(i) participation in a particular Federal program; or

“(ii) the use of a specific product or technology.

“(j) Limitations on Uses of Funds.—

“(1) In general.—Any entity that receives funds from a grant under this section may not use the grant—

“(A) to supplant State or local funds;

“(B) for any recipient cost-sharing contribution;

“(C) to pay a ransom;

“(D) for recreational or social purposes; or

“(E) for any purpose that does not address cybersecurity risks or cybersecurity threats on information systems owned or operated by, or on behalf of, the eligible entity that receives the grant or a local government within the jurisdiction of the eligible entity.

“(2) Compliance oversight.—In addition to any other remedy available, the Secretary may take such actions as are necessary to ensure that a recipient of a grant under this section uses the grant for the purposes for which the grant is awarded.

“(3) Rule of construction.—Nothing in paragraph (1)(A) shall be construed to prohibit the use of funds from a grant under this section awarded to a State, local, or Tribal government for otherwise permissible uses under this section on the basis that the State, local, or Tribal government has previously used State, local, or Tribal funds to support the same or similar uses.

“(k) Opportunity to Amend Applications.—In considering applications for grants under this section, the Secretary shall provide applicants with a reasonable opportunity to correct any defects in those applications before making final awards, including by allowing applicants to revise a submitted Cybersecurity Plan.

“(l) Apportionment.—For fiscal year 2022 and each fiscal year thereafter, the Secretary shall apportion amounts appropriated to carry out this section among eligible entities as follows:

“(1) Baseline amount.—The Secretary shall first apportion—

“(A) 0.25 percent of such amounts to each of American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, and the United States Virgin Islands;

“(B) 1 percent of such amounts to each of the remaining States; and

“(C) 3 percent of such amounts to Tribal governments.

“(2) Remainder.—The Secretary shall apportion the remainder of such amounts to States as follows:

“(A) 50 percent of such remainder in the ratio that the population of each State, bears to the population of all States; and

“(B) 50 percent of such remainder in the ratio that the population of each State that resides in rural areas, bears to the population of all States that resides in rural areas.

“(3) Apportionment among tribal governments.—In determining how to apportion amounts to Tribal governments under paragraph (1)(C), the Secretary shall consult with the Secretary of the Interior and Tribal governments.

“(4) Multi-entity grants.—An amount received from a multi-entity grant awarded under subsection (f)(1) by a State or Tribal government that is a member of the multi-entity group shall qualify as an apportionment for the purpose of this subsection.

“(m) Federal Share.—

“(1) In general.—The Federal share of the cost of an activity carried out using funds made available with a grant under this section may not exceed—

“(A) in the case of a grant to an eligible entity—

“(i) for fiscal year 2022, 90 percent;

“(ii) for fiscal year 2023, 80 percent;

“(iii) for fiscal year 2024, 70 percent; and

“(iv) for fiscal year 2025, 60 percent; and

“(B) in the case of a grant to a multi-entity group—

“(i) for fiscal year 2022, 100 percent;

“(ii) for fiscal year 2023, 90 percent;

“(iii) for fiscal year 2024, 80 percent; and

“(iv) for fiscal year 2025, 70 percent.

“(2) Waiver.—

“(A) In general.—The Secretary may waive or modify the requirements of paragraph (1) if an eligible entity or multi-entity group demonstrates economic hardship.

“(B) Guidelines.—The Secretary shall establish and publish guidelines for determining what constitutes economic hardship for the purposes of this subsection.

“(C) Considerations.—In developing guidelines under subparagraph (B), the Secretary shall consider, with respect to the jurisdiction of an eligible entity—

“(i) changes in rates of unemployment in the jurisdiction from previous years;

“(ii) changes in the percentage of individuals who are eligible to receive benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.) from previous years; and

“(iii) any other factors the Secretary considers appropriate.

“(3) Waiver for tribal governments.—Notwithstanding paragraph (2), the Secretary, in consultation with the Secretary of the Interior and Tribal governments, may waive or modify the requirements of paragraph (1) for 1 or more Tribal governments if the Secretary determines that the waiver is in the public interest.

“(n) Responsibilities of Grantees.—

“(1) Certification.—Each eligible entity or multi-entity group that receives a grant under this section shall certify to the Secretary that the grant will be used—

“(A) for the purpose for which the grant is awarded; and

“(B) in compliance with subsections (d) and (j).

“(2) Availability of funds to local governments and rural areas.—

“(A) In general.—Subject to subparagraph (C), not later than 45 days after the date on which an eligible entity or multi-entity group receives a grant under this section, the eligible entity or multi-entity group shall, without imposing unreasonable or unduly burdensome requirements as a condition of receipt, obligate or otherwise make available to local governments within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group, consistent with the Cybersecurity Plan of the eligible entity or the Cybersecurity Plans of the eligible entities that comprise the multi-entity group—

“(i) not less than 80 percent of funds available under the grant;

“(ii) with the consent of the local governments, items, services, capabilities, or activities having a value of not less than 80 percent of the amount of the grant; or

“(iii) with the consent of the local governments, grant funds combined with other items, services, capabilities, or activities having the total value of not less than 80 percent of the amount of the grant.

“(B) Availability to rural areas.—In obligating funds, items, services, capabilities, or activities to local governments under subparagraph (A), the eligible entity or eligible entities that comprise the multi-entity group shall ensure that rural areas within the jurisdiction of the eligible entity or the eligible entities that comprise the multi-entity group receive not less than—

“(i) 25 percent of the amount of the grant awarded to the eligible entity;

“(ii) items, services, capabilities, or activities having a value of not less than 25 percent of the amount of the grant awarded to the eligible entity; or

“(iii) grant funds combined with other items, services, capabilities, or activities having the total value of not less than 25 percent of the grant awarded to the eligible entity.

“(C) Exceptions.—This paragraph shall not apply to—

“(i) any grant awarded under this section that solely supports activities that are integral to the development or revision of the Cybersecurity Plan of the eligible entity; or

“(ii) the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Commonwealth of the Northern Mariana Islands, Guam, the United States Virgin Islands, or a Tribal government.

“(3) Certifications regarding distribution of grant funds to local governments.—An eligible entity or multi-entity group shall certify to the Secretary that the eligible entity or multi-entity group has made the distribution to local governments required under paragraph (2).

“(4) Extension of period.—

“(A) In general.—An eligible entity or multi-entity group may request in writing that the Secretary extend the period of time specified in paragraph (2) for an additional period of time.

“(B) Approval.—The Secretary may approve a request for an extension under subparagraph (A) if the Secretary determines the extension is necessary to ensure that the obligation and expenditure of grant funds align with the purpose of the State and Local Cybersecurity Grant Program.

“(5) Direct funding.—If an eligible entity does not make a distribution to a local government required under paragraph (2) in a timely fashion, the local government may petition the Secretary to request the Secretary to provide funds directly to the local government.

“(6) Limitation on construction.—A grant awarded under this section may not be used to acquire land or to construct, remodel, or perform alterations of buildings or other physical facilities.

“(7) Consultation in allocating funds.—An eligible entity applying for a grant under this section shall agree to consult the Chief Information Officer, the Chief Information Security Officer, or an equivalent official of the eligible entity in allocating funds from a grant awarded under this section.

“(8) Penalties.—In addition to other remedies available to the Secretary, if an eligible entity violates a requirement of this subsection, the Secretary may—

“(A) terminate or reduce the amount of a grant awarded under this section to the eligible entity; or

“(B) distribute grant funds previously awarded to the eligible entity—

“(i) in the case of an eligible entity that is a State, directly to the appropriate local government as a replacement grant in an amount determined by the Secretary; or

“(ii) in the case of an eligible entity that is a Tribal government, to another Tribal government or Tribal governments as a replacement grant in an amount determined by the Secretary.

“(o) Consultation With State, Local, and Tribal Representatives.—In carrying out this section, the Secretary shall consult with State, local, and Tribal representatives with professional experience relating to cybersecurity, including representatives of associations representing State, local, and Tribal governments, to inform—

“(1) guidance for applicants for grants under this section, including guidance for Cybersecurity Plans;

“(2) the study of risk-based formulas required under subsection (q)(4);

“(3) the development of guidelines required under subsection (m)(2)(B); and

“(4) any modifications described in subsection (q)(2)(D).

“(p) Notification to Congress.—Not later than 3 business days before the date on which the Department announces the award of a grant to an eligible entity under this section, including an announcement to the eligible entity, the Secretary shall provide to the appropriate committees of Congress notice of the announcement.

“(q) Reports, Study, and Review.—

“(1) Annual reports by grant recipients.—

“(A) In general.—Not later than 1 year after the date on which an eligible entity receives a grant under this section for the purpose of implementing the Cybersecurity Plan of the eligible entity, including an eligible entity that comprises a multi-entity group that receives a grant for that purpose, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report that, using the metrics described in the Cybersecurity Plan of the eligible entity, describes the progress of the eligible entity in—

“(i) implementing the Cybersecurity Plan of the eligible entity; and

“(B) Absence of plan.—Not later than 1 year after the date on which an eligible entity that does not have a Cybersecurity Plan receives funds under this section, and annually thereafter until 1 year after the date on which funds from the grant are expended or returned, the eligible entity shall submit to the Secretary a report describing how the eligible entity obligated and expended grant funds to—

“(i) develop or revise a Cybersecurity Plan; or

“(ii) assist with the activities described in subsection (d)(4).

“(2) Annual reports to congress.—Not less frequently than annually, the Secretary, acting through the Director, shall submit to Congress a report on—

“(A) the use of grants awarded under this section;

“(B) the proportion of grants used to support cybersecurity in rural areas;

“(C) the effectiveness of the State and Local Cybersecurity Grant Program;

“(D) any necessary modifications to the State and Local Cybersecurity Grant Program; and

“(E) any progress made toward—

“(i) developing, implementing, or revising Cybersecurity Plans; and

“(ii) reducing cybersecurity risks to, and identifying, responding to, and recovering from cybersecurity threats to, information systems owned or operated by, or on behalf of, State, local, or Tribal governments as a result of the award of grants under this section.

“(3) Public availability.—

“(A) In general.—The Secretary, acting through the Director, shall make each report submitted under paragraph (2) publicly available, including by making each report available on the website of the Agency.

“(B) Redactions.—In making each report publicly available under subparagraph (A), the Director may make redactions that the Director, in consultation with each eligible entity, determines necessary to protect classified or other information exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the ‘Freedom of Information Act’).

“(4) Study of risk-based formulas.—

“(A) In general.—Not later than September 30, 2024, the Secretary, acting through the Director, shall submit to the appropriate committees of Congress a study and legislative recommendations on the potential use of a risk-based formula for apportioning funds under this section, including—

“(i) potential components that could be included in a risk-based formula, including the potential impact of those components on support for rural areas under this section;

“(ii) potential sources of data and information necessary for the implementation of a risk-based formula;

“(iii) any obstacles to implementing a risk-based formula, including obstacles that require a legislative solution;

“(iv) if a risk-based formula were to be implemented for fiscal year 2026, a recommended risk-based formula for the State and Local Cybersecurity Grant Program; and

“(v) any other information that the Secretary, acting through the Director, determines necessary to help Congress understand the progress towards, and obstacles to, implementing a risk-based formula.

“(B) Inapplicability of paperwork reduction act.—The requirements of chapter 35 of title 44, United States Code (commonly referred to as the ‘Paperwork Reduction Act’), shall not apply to any action taken to carry out this paragraph.

“(5) Tribal cybersecurity needs report.—Not later than 2 years after the date of enactment of this section, the Secretary, acting through the Director, shall submit to Congress a report that—

“(A) describes the cybersecurity needs of Tribal governments, which shall be determined in consultation with the Secretary of the Interior and Tribal governments; and

“(B) includes any recommendations for addressing the cybersecurity needs of Tribal governments, including any necessary modifications to the State and Local Cybersecurity Grant Program to better serve Tribal governments.

“(6) GAO review.—Not later than 3 years after the date of enactment of this section, the Comptroller General of the United States shall conduct a review of the State and Local Cybersecurity Grant Program, including—

“(A) the grant selection process of the Secretary; and

“(B) a sample of grants awarded under this section.

“(r) Authorization of Appropriations.—

“(1) In general.—There are authorized to be appropriated for activities under this section—

“(A) for fiscal year 2022, $200,000,000;

“(B) for fiscal year 2023, $400,000,000;

“(C) for fiscal year 2024, $300,000,000; and

“(D) for fiscal year 2025, $100,000,000.

“(2) Transfers authorized.—

“(A) In general.—During a fiscal year, the Secretary or the head of any component of the Department that administers the State and Local Cybersecurity Grant Program may transfer not more than 5 percent of the amounts appropriated pursuant to paragraph (1) or other amounts appropriated to carry out the State and Local Cybersecurity Grant Program for that fiscal year to an account of the Department for salaries, expenses, and other administrative costs incurred for the management, administration, or evaluation of this section.

“(B) Additional appropriations.—Any funds transferred under subparagraph (A) shall be in addition to any funds appropriated to the Department or the components described in subparagraph (A) for salaries, expenses, and other administrative costs.

“(s) Termination.—

“(1) In general.—Subject to paragraph (2), the requirements of this section shall terminate on September 30, 2025.

“(2) Exception.—The reporting requirements under subsection (q) shall terminate on the date that is 1 year after the date on which the final funds from a grant under this section are expended or returned.”

(b)

Clerical Amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135), is amended by inserting after the item relating to section 2217 the following:

“Sec. 2218. State and Local Cybersecurity Grant Program.”.

TITLE VII Public-Private Partnerships

SEC. 70701. Value for Money Analysis.

(a)

In General.— Notwithstanding any other provision of law, in the case of a project described in subsection (b), the entity carrying out the project shall, during the planning and project development process and prior to signing any Project Development Agreement, conduct a value for money analysis or comparable analysis of the project, which shall include an evaluation of—

(1)

the life-cycle cost and project delivery schedule;

(2)

the costs of using public funding versus private financing for the project;

(3)

a description of the key assumptions made in developing the analysis, including—

(A)

an analysis of any Federal grants or loans and subsidies received or expected (including tax depreciation costs);

(B)

the key terms of the proposed public-private partnership agreement, if applicable (including the expected rate of return for private debt and equity), and major compensation events;

(C)

a discussion of the benefits and costs associated with the allocation of risk;

(D)

the determination of risk premiums assigned to various project delivery scenarios;

(E)

assumptions about use, demand, and any user fee revenue generated by the project; and

(F)

any externality benefits for the public generated by the project;

(4)

a forecast of user fees and other revenues expected to be generated by the project, if applicable; and

(5)

any other information the Secretary of Transportation determines to be appropriate.

(b)

Project Described.— A project referred to in subsection (a) is a transportation project—

(1)

with an estimated total cost of more than $750,000,000;

(2)

carried out—

(A)

by a public entity that is a State, territory, Indian Tribe, unit of local government, transit agency, port authority, metropolitan planning organization, airport authority, or other political subdivision of a State or local government; and

(B)

in a State in which there is in effect a State law authorizing the use and implementation of public-private partnerships for transportation projects; and

(3)

(A)

that intends to submit a letter of interest, or has submitted a letter of interest after the date of enactment of this Act, to be carried out with—

(i)

assistance under the TIFIA program under chapter 6 of title 23, United States Code; or

(ii)

assistance under the Railroad Rehabilitation and Improvement Financing Program of the Federal Railroad Administration established under chapter 224 of title 49, United States Code; and

(B)

that is anticipated to generate user fees or other revenues that could support the capital and operating costs of such project.

(c)

Reporting Requirements.—

(1)

Project reports.— For each project described in subsection (b), the entity carrying out the project shall—

(A)

include the results of the analysis under subsection (a) on the website of the project; and

(B)

submit the results of the analysis to the Build America Bureau and the Secretary of Transportation.

(2)

Report to congress.— The Secretary of Transportation, in coordination with the Build America Bureau, shall, not later than 2 years after the date of enactment of this Act—

(A)

compile the analyses submitted under paragraph (1)(B); and

(B)

submit to Congress a report that—

(i)

includes the analyses submitted under paragraph (1)(B);

(ii)

describes—

(I)

the use of private financing for projects described in subsection (b); and

(II)

the costs and benefits of conducting a value for money analysis; and

(iii)

identifies best practices for private financing of projects described in subsection (b).

(d)

Guidance.— The Secretary of Transportation, in coordination with the Build America Bureau, shall issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for projects described in subsection (b).

TITLE VIII Federal Permitting Improvement

SEC. 70801. Federal Permitting Improvement.

(a)

Definitions.— Section 41001 of the FAST Act (42 U.S.C. 4370m) is amended—

(1)

in paragraph (3), by inserting “ and any interagency consultation” after “ issued by an agency”;

(2)

in paragraph (4), by striking “ means” and all that follows through the period at the end of subparagraph (B) and inserting “ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).”;

(3)

in paragraph (5), by striking “ Federal Infrastructure Permitting Improvement Steering Council” and inserting “ Federal Permitting Improvement Steering Council”;

(4)

in paragraph (6)(A)—

(A)

in clause (ii), by striking “ or” at the end;

(B)

by redesignating clause (iii) as clause (iv); and

(C)

by inserting after clause (ii) the following:

“(iii) is—

“(I) subject to NEPA;

“(II) sponsored by an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), an Alaska Native Corporation, a Native Hawaiian organization (as defined in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517)), the Department of Hawaiian Home Lands, or the Office of Hawaiian Affairs; and

“(III) located on land owned or under the jurisdiction of the entity that sponsors the activity under subclause (II); or”

; and

(5)

in paragraph (8), by striking “ means” and all that follows through the period at the end and inserting “ has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or successor regulations).”.

(b)

Federal Permitting Improvement Steering Council.— Section 41002 of the FAST Act (42 U.S.C. 4370m–1) is amended—

(1)

in the section heading, by striking “ federal permitting improvement council” and inserting “ federal permitting improvement steering council”;

(2)

in subsection (b)(2)(A)—

(A)

in clause (i)—

(i)

by striking “ Each” and inserting the following:

“(I) In general.—Each”

; and

(ii)

by adding at the end the following:

“(II) Redesignation.—If an individual listed in subparagraph (B) designates a different member to serve on the Council than the member designated under subclause (I), the individual shall notify the Executive Director of the designation by not later than 30 days after the date on which the designation is made.”

; and

(B)

in clause (iii)(II), by striking “ a deputy secretary (or the equivalent) or higher” and inserting “ the applicable agency councilmember”;

(3)

in subsection (c)—

(A)

in paragraph (1)(C)(ii)—

(i)

by striking subclause (I) and inserting the following:

“(I) In general.—The performance schedules shall reflect employment of the most sound and efficient applicable processes, including the alignment of Federal reviews of projects, reduction of permitting and project delivery time, and consideration of the best practices for public participation.”

(ii)

by redesignating subclause (II) as subclause (III);

(iii)

by inserting after subclause (I) the following:

“(II) Goal.—

“(aa) In general.—To the maximum extent practicable, and consistent with applicable Federal law, the Executive Director, in consultation with the Council, shall aim to develop recommended performance schedules under clause (i) of not more than 2 years.

“(bb) Exception.—If a recommended performance schedule developed under clause (i) exceeds 2 years, the relevant agencies, in consultation with the Executive Director and the Council, shall explain in that recommended performance schedule the factors that cause the environmental reviews and authorizations in that category of covered projects to take longer than 2 years.”

; and

(iv)

in subclause (III)(bb) (as so redesignated), by striking “ on the basis of data from the preceding 2 calendar years” and inserting “ based on relevant historical data, as determined by the Executive Director,”;

(B)

in paragraph (2)(B)—

(i)

in the matter preceding clause (i), by striking “ later than” and all that follows through “ practices for” and inserting “ less frequently than annually, the Council shall issue recommendations on the best practices for improving the Federal permitting process for covered projects, which may include”;

(ii)

in clause (i)—

(I)

by striking “ stakeholder engagement, including fully considering” and inserting

“(II) fully considering”

; and

(II)

by inserting before subclause (II) (as added by subclause (I)) the following:

“(I) engaging with Native American stakeholders to ensure that project sponsors and agencies identify potential natural, archeological, and cultural resources and locations of historic and religious significance in the area of a covered project; and”

(iii)

in clause (vii), by striking “ and” at the end;

(iv)

by redesignating clause (viii) as clause (x); and

(v)

by inserting after clause (vii) the following:

“(viii) in coordination with the Executive Director, improving preliminary engagement with project sponsors in developing coordinated project plans;

“(ix) using programmatic assessments, templates, and other tools based on the best available science and data; and”

; and

(C)

in paragraph (3)(A), by inserting “ , including agency compliance with intermediate and final completion dates described in coordinated project plans” after “ authorizations”; and

(4)

by striking subsection (d).

(c)

Permitting Process Improvement.— Section 41003 of the FAST Act (42 U.S.C. 4370m–2) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by adding at the end the following:

“(D) Confidentiality.—Any information relating to Native American natural, cultural, and historical resources submitted in a notice by a project sponsor under subparagraph (A) shall be—

“(i) kept confidential; and

“(ii) exempt from the disclosure requirements under section 552 of title 5, United States Code (commonly known as the ‘Freedom of Information Act’), and the Federal Advisory Committee Act (5 U.S.C. App.).”

(B)

in paragraph (2)—

(i)

in subparagraph (A), in the matter preceding clause (i), by striking “ 45 days” and inserting “ 21 calendar days”; and

(ii)

in subparagraph (B), by inserting “ 14 calendar day” before “ deadline”; and

(C)

in paragraph (3)(A), in the matter preceding clause (i), by inserting “ and the Executive Director” after “ as applicable,”;

(2)

in subsection (b)—

(A)

in paragraph (2)(A), by adding at the end the following:

“(iii) Projects other than covered projects.—

“(I) In general.—The Executive Director may direct a lead agency to create a specific entry on the Dashboard for a project that is not a covered project and is under review by the lead agency if the Executive Director determines that a Dashboard entry for that project is in the interest of transparency.

“(II) Requirements.—Not later than 14 days after the date on which the Executive Director directs the lead agency to create a specific entry on the Dashboard for a project described in subclause (I), the lead agency shall create and maintain a specific entry on the Dashboard for the project that contains—

“(aa) a comprehensive permitting timetable, as described in subsection (c)(2)(A);

“(bb) the status of the compliance of each lead agency, cooperating agency, and participating agency with the permitting timetable required under item (aa);

“(cc) any modifications of the permitting timetable required under item (aa), including an explanation as to why the permitting timetable was modified; and

“(dd) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.”

; and

(B)

in paragraph (3)(A)—

(i)

in clause (i)—

(I)

in subclause (IV), by striking “ and” at the end;

(II)

by redesignating subclause (V) as subclause (VI);

(III)

by inserting after subclause (IV) the following:

“(V) information on the status of mitigation measures that were agreed to as part of the environmental review and permitting process, including whether and when the mitigation measures have been fully implemented; and”

; and

(IV)

in subclause (VI) (as so redesignated), by striking “ and” at the end;

(ii)

in clause (ii), by striking the period at the end and inserting “ ; and”; and

(iii)

by adding at the end the following:

“(iii) information about project-related public meetings, public hearings, and public comment periods, which shall be presented in English and the predominant language of the community or communities most affected by the project, as that information becomes available.”

; and

(3)

in subsection (c)(2)—

(A)

in subparagraph (A), strike “coordination” and insert “coordinated”;

(B)

in subparagraph (D)(i)—

(i)

by redesignating subclauses (I) through (III) as subclauses (II) through (IV), respectively;

(ii)

by inserting before subclause (II) (as so redesignated) the following:

“(I) the facilitating or lead agency, as applicable, consults with the Executive Director regarding the potential modification not less than 15 days before engaging in the consultation under subclause (II);”

; and

(iii)

in subclause (II) (as so redesignated), by inserting “ , the Executive Director,” after “ participating agencies”; and

(C)

in subparagraph (F)—

(i)

in clause (i)—

(I)

by inserting “ intermediate and final” before “ completion dates”; and

(II)

by inserting “ intermediate or final” before “ completion date”; and

(ii)

in clause (ii)—

(I)

in the matter preceding subclause (I), by striking “ a completion date for agency action on a covered project or is at significant risk of failing to conform with” and inserting “ an intermediate or final completion date for agency action on a covered project or reasonably believes the agency will fail to conform with a completion date 30 days before”; and

(II)

in subclause (I), by striking “ significantly risking failing to conform” and inserting “ reasonably believing the agency will fail to conform”.

(d)

Coordination of Required Reviews.— Section 41005 of the FAST Act (42 U.S.C. 4370m–4) is amended—

(1)

in subsection (a)—

(A)

in paragraph (1), by striking “ and” at the end;

(B)

in paragraph (2), by striking the period at the end and inserting “ ; and”; and

(C)

by adding at the end the following:

“(3) where an environmental impact statement is required for a project, prepare a single, joint interagency environmental impact statement for the project unless the lead agency provides justification in the coordinated project plan that multiple environmental documents are more efficient for project review and authorization.”

(2)

in subsection (b)—

(A)

by striking “ (1) State environmental documents; supplemental documents.—”;

(B)

by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively, and indenting appropriately;

(C)

in paragraph (1) (as so redesignated)—

(i)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and

(ii)

in subparagraph (A) (as so redesignated)—

(I)

by striking “ State laws and procedures” and inserting “ the laws and procedures of a State or Indian Tribe (as defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5130))”; and

(II)

by inserting “ developed pursuant to laws and procedures of that State or Indian Tribe (as so defined) that are of equal or greater rigor to each applicable Federal law and procedure, and” after “ Council on Environmental Quality,”;

(D)

in paragraph (2) (as so redesignated), by striking “ subparagraph (A)” each place it appears and inserting “ paragraph (1)”;

(E)

in paragraph (3) (as so redesignated)—

(i)

in the matter preceding clause (i), by striking “ subparagraph (A)” and inserting “ paragraph (1)”; and

(ii)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately;

(F)

in paragraph (4) (as so redesignated)—

(i)

in the matter preceding clause (i), by striking “ subparagraph (C)” and inserting “ paragraph (3)”; and

(ii)

by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and indenting appropriately; and

(G)

in paragraph (5) (as so redesignated)—

(i)

by striking “ subparagraph (A)” and inserting “ paragraph (1)”; and

(ii)

by striking “ subparagraph (C)” and inserting “ paragraph (3)”;

(3)

in subsection (c)(4)—

(A)

in the matter preceding subparagraph (A), by striking “ determines that the development of the higher level of detail will not prevent—” and inserting “ determines that—”;

(B)

in subparagraph (A), by inserting “ the development of the higher level of detail will not prevent” before “ the lead agency”; and

(C)

by striking subparagraph (B) and inserting the following:

“(B) the preferred and other alternatives are developed in sufficient detail to enable the public to comment on the alternatives.”

(4)

by redesignating subsection (f) as subsection (g); and

(5)

by inserting after subsection (e) the following:

“(f) Record of Decision.—When an environmental impact statement is prepared, Federal agencies must, to the maximum extent practicable, issue a record of decision not later than 90 days after the date on which the final environmental impact statement is issued.”

(e)

Litigation, Judicial Review, and Savings Provision.— Section 41007 of the FAST Act (42 U.S.C. 4370m–6) is amended—

(1)

in subsection (a)(1)—

(A)

in subparagraph (A)—

(i)

by striking “ the action” and inserting “ the claim”; and

(ii)

by striking “ of the final record of decision or approval or denial of a permit” and inserting “ of notice of final agency action on the authorization”; and

(B)

in subparagraph (B)(i), by striking “ the action” and inserting “ the claim”; and

(2)

in subsection (e), in the matter preceding paragraph (1), by striking “ this section” and inserting “ this title”.

(f)

Reports.— Section 41008 of the FAST Act (42 U.S.C. 4370m–7) is amended by striking subsection (a) and inserting the following:

“(a) Reports to Congress.—

“(1) Executive director annual report.—

“(A) In general.—Not later than April 15 of each year for 10 years beginning on the date of enactment of the Infrastructure Investment and Jobs Act, the Executive Director shall submit to Congress a report detailing the progress accomplished under this title during the previous fiscal year.

“(B) Opportunity to include comments.—Each councilmember, with input from the respective agency CERPO, shall have the opportunity to include comments concerning the performance of the agency in the report described in subparagraph (A).

“(2) Quarterly agency performance report.—The Executive Director shall submit to Congress a quarterly report evaluating agency compliance with the provisions of this title, which shall include a description of the implementation and adherence of each agency to the coordinated project plan and permitting timetable requirements under section 41003(c).

“(3) Agency best practices report.—Not later than April 15 of each year, each participating agency and lead agency shall submit to Congress and the Director of the Office of Management and Budget a report assessing the performance of the agency in implementing the best practices described in section 41002(c)(2)(B).”

(g)

Funding for Governance, Oversight, and Processing of Environmental Reviews and Permits.— Section 41009 of the FAST Act (42 U.S.C. 4370m–8) is amended—

(1)

by striking subsection (a) and inserting the following:

“(a) In General.—For the purpose of carrying out this title, the Executive Director, in consultation with the heads of the agencies listed in section 41002(b)(2)(B) and with the guidance of the Director of the Office of Management and Budget, may, after public notice and opportunity for comment, issue regulations establishing a fee structure for sponsors of covered projects to reimburse the United States for reasonable costs incurred in conducting environmental reviews and authorizations for covered projects.”

(2)

in subsection (b), by striking “ and 41003” and inserting “ through 41008”; and

(3)

in subsection (d)—

(A)

in the subsection heading, by striking “ and Permitting”; and

(B)

by striking paragraphs (2) and (3) and inserting the following:

“(2) Availability.—Amounts in the Fund shall be available to the Executive Director, without fiscal year limitation, solely for the purposes of administering, implementing, and enforcing this title, including the expenses of the Council, staffing of the Office of the Executive Director, and support of the role of the Council as a Federal center for permitting excellence, which may include supporting interagency detailee and rotation opportunities, advanced training, enhanced support for agency project managers, and fora for sharing information and lessons learned.

“(3) Transfer.—For the purpose of carrying out this title, the Executive Director, with the approval of the Director of the Office of Management and Budget, may transfer amounts in the Fund to other Federal agencies and State, Tribal, and local governments to facilitate timely and efficient environmental reviews and authorizations for covered projects and other projects under this title, including direct reimbursement agreements with agency CERPOs, reimbursable agreements, and approval and consultation processes and staff for covered projects.”

(h)

Sunset.— Section 41013 of the FAST Act (42 U.S.C. 4370m–12) is repealed.

(i)

Technical Correction.— Section 41002(b)(2)(A)(ii) of the FAST Act (42 U.S.C. 4370m–1(b)(2)(A)(ii)) is amended by striking “ councilmem-ber” and inserting “ councilmember”.

(j)

Clerical Amendment.— The table of contents in section 1(b) of the FAST Act (Public Law 114–94; 129 Stat. 1319) is amended by striking the item relating to section 41002 and inserting the following:

“Sec. 41002. Federal Permitting Improvement Steering Council.”.

TITLE IX Build America, Buy America

Subtitle A Build America, Buy America

SEC. 70901. Short Title.

This subtitle may be cited as the “Build America, Buy America Act”.

PART I Buy America Sourcing Requirements

SEC. 70911. Findings.

Congress finds that—

(1)

the United States must make significant investments to install, upgrade, or replace the public works infrastructure of the United States;

(2)

with respect to investments in the infrastructure of the United States, taxpayers expect that their public works infrastructure will be produced in the United States by American workers;

(3)

United States taxpayer dollars invested in public infrastructure should not be used to reward companies that have moved their operations, investment dollars, and jobs to foreign countries or foreign factories, particularly those that do not share or openly flout the commitments of the United States to environmental, worker, and workplace safety protections;

(4)

in procuring materials for public works projects, entities using taxpayer-financed Federal assistance should give a commonsense procurement preference for the materials and products produced by companies and workers in the United States in accordance with the high ideals embodied in the environmental, worker, workplace safety, and other regulatory requirements of the United States;

(5)

common construction materials used in public works infrastructure projects, including steel, iron, manufactured products, non-ferrous metals, plastic and polymer-based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, and drywall are not adequately covered by a domestic content procurement preference, thus limiting the impact of taxpayer purchases to enhance supply chains in the United States;

(6)

the benefits of domestic content procurement preferences extend beyond economics;

(7)

by incentivizing domestic manufacturing, domestic content procurement preferences reinvest tax dollars in companies and processes using the highest labor and environmental standards in the world;

(8)

strong domestic content procurement preference policies act to prevent shifts in production to countries that rely on production practices that are significantly less energy efficient and far more polluting than those in the United States;

(9)

for over 75 years, Buy America and other domestic content procurement preference laws have been part of the United States procurement policy, ensuring that the United States can build and rebuild the infrastructure of the United States with high-quality American-made materials;

(10)

before the date of enactment of this Act, a domestic content procurement preference requirement may not apply, may apply only to a narrow scope of products and materials, or may be limited by waiver with respect to many infrastructure programs, which necessitates a review of such programs, including programs for roads, highways, and bridges, public transportation, dams, ports, harbors, and other maritime facilities, intercity passenger and freight railroads, freight and intermodal facilities, airports, water systems, including drinking water and wastewater systems, electrical transmission facilities and systems, utilities, broadband infrastructure, and buildings and real property;

(11)

Buy America laws create demand for domestically produced goods, helping to sustain and grow domestic manufacturing and the millions of jobs domestic manufacturing supports throughout product supply chains;

(12)

as of the date of enactment of this Act, domestic content procurement preference policies apply to all Federal Government procurement and to various Federal-aid infrastructure programs;

(13)

a robust domestic manufacturing sector is a vital component of the national security of the United States;

(14)

as more manufacturing operations of the United States have moved offshore, the strength and readiness of the defense industrial base of the United States has been diminished; and

(15)

domestic content procurement preference laws—

(A)

are fully consistent with the international obligations of the United States; and

(B)

together with the government procurements to which the laws apply, are important levers for ensuring that United States manufacturers can access the government procurement markets of the trading partners of the United States.

SEC. 70912. Definitions.

In this part:

(1)

Deficient program.— The term “deficient program” means a program identified by the head of a Federal agency under section 70913(c).

(2)

Domestic content procurement preference.— The term “domestic content procurement preference” means a requirement that no amounts made available through a program for Federal financial assistance may be obligated for a project unless—

(A)

all iron and steel used in the project are produced in the United States;

(B)

the manufactured products used in the project are produced in the United States; or

(C)

the construction materials used in the project are produced in the United States.

(3)

Federal agency.— The term “Federal agency” means any authority of the United States that is an “agency” (as defined in section 3502 of title 44, United States Code), other than an independent regulatory agency (as defined in that section).

(4)

Federal financial assistance.—

(A)

In general.— The term “Federal financial assistance” has the meaning given the term in section 200.1 of title 2, Code of Federal Regulations (or successor regulations).

(B)

Inclusion.— The term “Federal financial assistance” includes all expenditures by a Federal agency to a non-Federal entity for an infrastructure project, except that it does not include expenditures for assistance authorized under section 402, 403, 404, 406, 408, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170a, 5170b, 5170c, 5172, 5174, or 5192) relating to a major disaster or emergency declared by the President under section 401 or 501, respectively, of such Act (42 U.S.C. 5170, 5191) or pre and post disaster or emergency response expenditures.

(5)

Infrastructure.— The term “infrastructure” includes, at a minimum, the structures, facilities, and equipment for, in the United States—

(A)

roads, highways, and bridges;

(B)

public transportation;

(C)

dams, ports, harbors, and other maritime facilities;

(D)

intercity passenger and freight railroads;

(E)

freight and intermodal facilities;

(F)

airports;

(G)

water systems, including drinking water and wastewater systems;

(H)

electrical transmission facilities and systems;

(I)

utilities;

(J)

broadband infrastructure; and

(K)

buildings and real property.

(6)

Produced in the united states.— The term “produced in the United States” means—

(A)

in the case of iron or steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;

(B)

in the case of manufactured products, that—

(i)

the manufactured product was manufactured in the United States; and

(ii)

the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and

(C)

in the case of construction materials, that all manufacturing processes for the construction material occurred in the United States.

(7)

Project.— The term “project” means the construction, alteration, maintenance, or repair of infrastructure in the United States.

SEC. 70913. Identification of Deficient Programs.

(a)

In General.— Not later than 60 days after the date of enactment of this Act, the head of each Federal agency shall—

(1)

submit to the Office of Management and Budget and to Congress, including a separate notice to each appropriate congressional committee, a report that identifies each Federal financial assistance program for infrastructure administered by the Federal agency; and

(2)

publish in the Federal Register the report under paragraph (1).

(b)

Requirements.— In the report under subsection (a), the head of each Federal agency shall, for each Federal financial assistance program—

(1)

identify all domestic content procurement preferences applicable to the Federal financial assistance;

(2)

assess the applicability of the domestic content procurement preference requirements, including—

(A)

section 313 of title 23, United States Code;

(B)

section 5323(j) of title 49, United States Code;

(C)

section 22905(a) of title 49, United States Code;

(D)

section 50101 of title 49, United States Code;

(E)

section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1388);

(F)

section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4));

(G)

section 5035 of the Water Infrastructure Finance and Innovation Act of 2014 (33 U.S.C. 3914);

(H)

any domestic content procurement preference included in an appropriations Act; and

(I)

any other domestic content procurement preference in Federal law (including regulations);

(3)

provide details on any applicable domestic content procurement preference requirement, including the purpose, scope, applicability, and any exceptions and waivers issued under the requirement; and

(4)

include a description of the type of infrastructure projects that receive funding under the program, including information relating to—

(A)

the number of entities that are participating in the program;

(B)

the amount of Federal funds that are made available for the program for each fiscal year; and

(C)

any other information the head of the Federal agency determines to be relevant.

(c)

List of Deficient Programs.— In the report under subsection (a), the head of each Federal agency shall include a list of Federal financial assistance programs for infrastructure identified under that subsection for which a domestic content procurement preference requirement—

(1)

does not apply in a manner consistent with section 70914; or

(2)

is subject to a waiver of general applicability not limited to the use of specific products for use in a specific project.

SEC. 70914. Application of Buy America Preference.

(a)

In General.— Not later than 180 days after the date of enactment of this Act, the head of each Federal agency shall ensure that none of the funds made available for a Federal financial assistance program for infrastructure, including each deficient program, may be obligated for a project unless all of the iron, steel, manufactured products, and construction materials used in the project are produced in the United States.

(b)

Waiver.— The head of a Federal agency that applies a domestic content procurement preference under this section may waive the application of that preference in any case in which the head of the Federal agency finds that—

(1)

applying the domestic content procurement preference would be inconsistent with the public interest;

(2)

types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

(3)

the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.

(c)

Written Justification.— Before issuing a waiver under subsection (b), the head of the Federal agency shall—

(1)

make publicly available in an easily accessible location on a website designated by the Office of Management and Budget and on the website of the Federal agency a detailed written explanation for the proposed determination to issue the waiver; and

(2)

provide a period of not less than 15 days for public comment on the proposed waiver.

(d)

Review of Waivers of General Applicability.—

(1)

In general.— An existing general applicability waiver or a general applicability waiver issued under subsection (b) shall be reviewed every 5 years after the date on which the waiver is issued.

(2)

Review.— In conducting a review of a general applicability waiver, the head of a Federal agency shall—

(A)

publish in the Federal Register a notice that—

(i)

describes the justification for a general applicability waiver; and

(ii)

requests public comments for a period of not less than 30 days on the continued need for a general applicability waiver; and

(B)

publish in the Federal Register a determination on whether to continue or discontinue the general applicability waiver, taking into account the comments received in response to the notice published under subparagraph (A).

(3)

Limitation on the review of existing waivers of general applicability.— For a period of 5 years beginning on the date of enactment of this Act, paragraphs (1) and (2) shall not apply to any product-specific general applicability waiver that was issued more than 180 days before the date of enactment of this Act.

(e)

Consistency With International Agreements.— This section shall be applied in a manner consistent with United States obligations under international agreements.

SEC. 70915. Omb Guidance and Standards.

(a)

Guidance.— The Director of the Office of Management and Budget shall—

(1)

issue guidance to the head of each Federal agency—

(A)

to assist in identifying deficient programs under section 70913(c); and

(B)

to assist in applying new domestic content procurement preferences under section 70914; and

(2)

if necessary, amend subtitle A of title 2, Code of Federal Regulations (or successor regulations), to ensure that domestic content procurement preference requirements required by this part or other Federal law are imposed through the terms and conditions of awards of Federal financial assistance.

(b)

Standards for Construction Materials.—

(1)

In general.— Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget shall issue standards that define the term “all manufacturing processes” in the case of construction materials.

(2)

Considerations.— In issuing standards under paragraph (1), the Director shall—

(A)

ensure that the standards require that each manufacturing process required for the manufacture of the construction material and the inputs of the construction material occurs in the United States; and

(B)

take into consideration and seek to maximize the direct and indirect jobs benefited or created in the production of the construction material.

SEC. 70916. Technical Assistance Partnership and Consultation Supporting Department of Transportation Buy America Requirements.

(a)

Definitions.— In this section:

(1)

Buy america law.— The term “Buy America law” means—

(A)

section 313 of title 23, United States Code;

(B)

section 5323(j) of title 49, United States Code;

(C)

section 22905(a) of title 49, United States Code;

(D)

section 50101 of title 49, United States Code; and

(E)

any other domestic content procurement preference for an infrastructure project under the jurisdiction of the Secretary.

(2)

Secretary.— The term “Secretary” means the Secretary of Transportation.

(b)

Technical Assistance Partnership.— Not later than 90 days after the date of the enactment of this Act, the Secretary shall enter into a technical assistance partnership with the Secretary of Commerce, acting through the Director of the National Institute of Standards and Technology—

(1)

to ensure the development of a domestic supply base to support intermodal transportation in the United States, such as intercity high speed rail transportation, public transportation systems, highway construction or reconstruction, airport improvement projects, and other infrastructure projects under the jurisdiction of the Secretary;

(2)

to ensure compliance with Buy America laws that apply to a project that receives assistance from the Federal Highway Administration, the Federal Transit Administration, the Federal Railroad Administration, the Federal Aviation Administration, or another office or modal administration of the Secretary of Transportation;

(3)

to encourage technologies developed with the support of and resources from the Secretary to be transitioned into commercial market and applications; and

(4)

to establish procedures for consultation under subsection (c).

(c)

Consultation.— Before granting a written waiver under a Buy America law, the Secretary shall consult with the Director of the Hollings Manufacturing Extension Partnership regarding whether there is a domestic entity that could provide the iron, steel, manufactured product, or construction material that is the subject of the proposed waiver.

(d)

Annual Report.— Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, the Committee on Environment and Public Works, and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of the House of Representatives a report that includes—

(1)

a detailed description of the consultation procedures developed under subsection (b)(4);

(2)

a detailed description of each waiver requested under a Buy America law in the preceding year that was subject to consultation under subsection (c), and the results of the consultation;

(3)

a detailed description of each waiver granted under a Buy America law in the preceding year, including the type of waiver and the reasoning for granting the waiver; and

(4)

an update on challenges and gaps in the domestic supply base identified in carrying out subsection (b)(1), including a list of actions and policy changes the Secretary recommends be taken to address those challenges and gaps.

SEC. 70917. Application.

(a)

In General.— This part shall apply to a Federal financial assistance program for infrastructure only to the extent that a domestic content procurement preference as described in section 70914 does not already apply to iron, steel, manufactured products, and construction materials.

(b)

Savings Provision.— Nothing in this part affects a domestic content procurement preference for a Federal financial assistance program for infrastructure that is in effect and that meets the requirements of section 70914.

(c)

Limitation With Respect to Aggregates.— In this part—

(1)

the term “construction materials” shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives; and

(2)

the standards developed under section 70915(b)(1) shall not include cement and cementitious materials, aggregates such as stone, sand, or gravel, or aggregate binding agents or additives as inputs of the construction material.

PART II Make It in America

SEC. 70921. Regulations Relating to Buy American Act.

(a)

In General.— Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget (“Director”), acting through the Administrator for Federal Procurement Policy and, in consultation with the Federal Acquisition Regulatory Council, shall promulgate final regulations or other policy or management guidance, as appropriate, to standardize and simplify how Federal agencies comply with, report on, and enforce the Buy American Act. The regulations or other policy or management guidance shall include, at a minimum, the following:

(1)

Guidelines for Federal agencies to determine, for the purposes of applying sections 8302(a) and 8303(b)(3) of title 41, United States Code, the circumstances under which the acquisition of articles, materials, or supplies mined, produced, or manufactured in the United States is inconsistent with the public interest.

(2)

Guidelines to ensure Federal agencies base determinations of non-availability on appropriate considerations, including anticipated project delays and lack of substitutable articles, materials, and supplies mined, produced, or manufactured in the United States, when making determinations of non-availability under section 8302(a)(1) of title 41, United States Code.

(3)

(A)

Uniform procedures for each Federal agency to make publicly available, in an easily identifiable location on the website of the agency, and within the following time periods, the following information:

(i)

A written description of the circumstances in which the head of the agency may waive the requirements of the Buy American Act.

(ii)

Each waiver made by the head of the agency within 30 days after making such waiver, including a justification with sufficient detail to explain the basis for the waiver.

(B)

The procedures established under this paragraph shall ensure that the head of an agency, in consultation with the head of the Made in America Office established under section 70923(a), may limit the publication of classified information, trade secrets, or other information that could damage the United States.

(4)

Guidelines for Federal agencies to ensure that a project is not disaggregated for purposes of avoiding the applicability of the requirements under the Buy American Act.

(5)

An increase to the price preferences for domestic end products and domestic construction materials.

(6)

Amending the definitions of “ domestic end product” and “ domestic construction material” to ensure that iron and steel products are, to the greatest extent possible, made with domestic components.

(b)

Guidelines Relating to Waivers.—

(1)

Inconsistency with public interest.—

(A)

In general.— With respect to the guidelines developed under subsection (a)(1), the Administrator shall seek to minimize waivers related to contract awards that—

(i)

result in a decrease in employment in the United States, including employment among entities that manufacture the articles, materials, or supplies; or

(ii)

result in awarding a contract that would decrease domestic employment.

(B)

Covered employment.— For purposes of subparagraph (A), employment refers to positions directly involved in the manufacture of articles, materials, or supplies, and does not include positions related to management, research and development, or engineering and design.

(2)

Assessment on use of dumped or subsidized foreign products.—

(A)

In general.— To the extent otherwise permitted by law, before granting a waiver in the public interest to the guidelines developed under subsection (a)(1) with respect to a product sourced from a foreign country, a Federal agency shall assess whether a significant portion of the cost advantage of the product is the result of the use of dumped steel, iron, or manufactured goods or the use of injuriously subsidized steel, iron, or manufactured goods.

(B)

Consultation.— The Federal agency conducting the assessment under subparagraph (A) shall consult with the International Trade Administration in making the assessment if the agency considers such consultation to be helpful.

(C)

Use of findings.— The Federal agency conducting the assessment under subparagraph (A) shall integrate any findings from the assessment into its waiver determination.

(c)

Sense of Congress on Increasing Domestic Content Requirements.— It is the sense of Congress that the Federal Acquisition Regulatory Council should amend the Federal Acquisition Regulation to increase the domestic content requirements for domestic end products and domestic construction material to 75 percent, or, in the event of no qualifying offers, 60 percent.

(d)

Definition of End Product Manufactured in the United States.— Not later than 1 year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend part 25 of the Federal Acquisition Regulation to provide a definition for “end product manufactured in the United States,” including guidelines to ensure that manufacturing processes involved in production of the end product occur domestically.

SEC. 70922. Amendments Relating to Buy American Act.

(a)

Special Rules Relating to American Materials Required for Public Use.— Section 8302 of title 41, United States Code, is amended by adding at the end the following new subsection:

“(c) Special Rules.—The following rules apply in carrying out the provisions of subsection (a):

“(1) Iron and steel manufactured in the united states.—For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States.

“(2) Limitation on exception for commercially available off-the-shelf items.—Notwithstanding any law or regulation to the contrary, including section 1907 of this title and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.”

(b)

Production of Iron and Steel for Purposes of Contracts for Public Works.— Section 8303 of title 41, United States Code, is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following new subsection:

“(c) Special Rules.—

“(1) Production of iron and steel.—For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States.

(c)

Annual Report.— Subsection (b) of section 8302 of title 41, United States Code, is amended to read as follows:

“(b) Reports.—

“(1) In general.—Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States.

“(2) Exception for intelligence community.—This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 (50 U.S.C. 3003).”

(d)

Definition.— Section 8301 of title 41, United States Code, is amended by adding at the end the following new paragraph:

“(3) Federal agency.—The term ‘Federal agency’ has the meaning given the term ‘executive agency’ in section 133 of this title.”

(e)

Conforming Amendments.— Title 41, United States Code, is amended—

(1)

in section 8302(a)—

(A)

in paragraph (1)—

(i)

by striking “ department or independent establishment” and inserting “ Federal agency”; and

(ii)

by striking “ their acquisition to be inconsistent with the public interest or their cost to be unreasonable” and inserting “ their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality”; and

(B)

in paragraph (2), by amending subparagraph (B) to read as follows:

“(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of this title), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and”

; and

(2)

in section 8303—

(A)

in subsection (b)—

(i)

by striking “ department or independent establishment” each place it appears and inserting “ Federal agency”;

(ii)

by amending subparagraph (B) of paragraph (1) to read as follows:

“(B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and”

; and

(iii)

in paragraph (3)—

(I)

in the heading, by striking “ Inconsistent with public interest” and inserting “ Waiver authority”; and

(II)

by striking “ their purchase to be inconsistent with the public interest or their cost to be unreasonable” and inserting “ their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the articles, materials, or supplies of the class or kind to be used, or the articles, materials, or supplies from which they are manufactured, are not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality”; and

(B)

in subsection (d), as redesignated by subsection (b)(1) of this section, by striking “ department, bureau, agency, or independent establishment” each place it appears and inserting “ Federal agency”.

(f)

Exclusion From Inflation Adjustment of Acquisition-Related Dollar Thresholds.— Subparagraph (A) of section 1908(b)(2) of title 41, United States Code, is amended by striking “ chapter 67” and inserting “ chapters 67 and 83”.

SEC. 70923. Made in America Office.

(a)

Establishment.— The Director of the Office of Management and Budget shall establish within the Office of Management and Budget an office to be known as the “Made in America Office”. The head of the office shall be appointed by the Director of the Office of Management and Budget (in this section referred to as the “Made in America Director”).

(b)

Duties.— The Made in America Director shall have the following duties:

(1)

Maximize and enforce compliance with domestic preference statutes.

(2)

Develop and implement procedures to review waiver requests or inapplicability requests related to domestic preference statutes.

(3)

Prepare the reports required under subsections (c) and (e).

(4)

Ensure that Federal contracting personnel, financial assistance personnel, and non-Federal recipients are regularly trained on obligations under the Buy American Act and other agency-specific domestic preference statutes.

(5)

Conduct the review of reciprocal defense agreements required under subsection (d).

(6)

Ensure that Federal agencies, Federal financial assistance recipients, and the Hollings Manufacturing Extension Partnership partner with each other to promote compliance with domestic preference statutes.

(7)

Support executive branch efforts to develop and sustain a domestic supply base to meet Federal procurement requirements.

(c)

Office of Management and Budget Report.— Not later than 1 year after the date of the enactment of this Act, the Director of the Office of Management and Budget, working through the Made in America Director, shall report to the relevant congressional committees on the extent to which, in each of the three fiscal years prior to the date of enactment of this Act, articles, materials, or supplies acquired by the Federal Government were mined, produced, or manufactured outside the United States. Such report shall include for each Federal agency the following:

(1)

A summary of total procurement funds expended on articles, materials, and supplies mined, produced, or manufactured—

(A)

inside the United States;

(B)

outside the United States; and

(C)

outside the United States—

(i)

under each category of waiver under the Buy American Act;

(ii)

under each category of exception under such chapter; and

(iii)

for each country that mined, produced, or manufactured such articles, materials, and supplies.

(2)

For each fiscal year covered by the report—

(A)

the dollar value of any articles, materials, or supplies that were mined, produced, or manufactured outside the United States, in the aggregate and by country;

(B)

an itemized list of all waivers made under the Buy American Act with respect to articles, materials, or supplies, where available, and the country where such articles, materials, or supplies were mined, produced, or manufactured;

(C)

if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States due to an exception (that is not the micro-purchase threshold exception described under section 8302(a)(2)(C) of title 41, United States Code), the specific exception that was used to purchase such articles, materials, or supplies; and

(D)

if any articles, materials, or supplies were acquired from entities that mine, produce, or manufacture such articles, materials, or supplies outside the United States pursuant to a reciprocal defense procurement memorandum of understanding (as described in section 8304 of title 41, United States Code), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation, a citation to such memorandum of understanding, trade agreement, or designation.

(3)

A description of the methods used by each Federal agency to calculate the percentage domestic content of articles, materials, and supplies mined, produced, or manufactured in the United States.

(d)

Review of Reciprocal Defense Agreements.—

(1)

Review of process.— Not later than 180 days after the date of the enactment of this Act, the Made in America Director shall review the Department of Defense’s use of reciprocal defense agreements to determine if domestic entities have equal and proportional access and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State.

(2)

Review of reciprocal procurement memoranda of understanding.— The Made in America Director shall review reciprocal procurement memoranda of understanding entered into after the date of the enactment of this Act between the Department of Defense and its counterparts in foreign governments to assess whether domestic entities will have equal and proportional access under the memoranda of understanding and report the findings of the review to the Director of the Office of Management and Budget, the Secretary of Defense, and the Secretary of State.

(e)

Report on Use of Made in America Laws.— The Made in America Director shall submit to the relevant congressional committees a summary of each report on the use of Made in America Laws received by the Made in America Director pursuant to section 11 of Executive Order 14005, dated January 25, 2021 (relating to ensuring the future is made in all of America by all of America’s workers) not later than 90 days after the date of the enactment of this Act or receipt of the reports required under section 11 of such Executive Order, whichever is later.

(f)

Domestic Preference Statute Defined.— In this section, the term “domestic preference statute” means any of the following:

(1)

the Buy American Act;

(2)

a Buy America law (as that term is defined in section 70916(a));

(3)

the Berry Amendment;

(4)

section 604 of the American Recovery and Reinvestment Act of 2009 (6 U.S.C. 453b) (commonly referred to as the “Kissell amendment”);

(5)

section 2533b of title 10 (commonly referred to as the “specialty metals clause”);

(6)

laws requiring domestic preference for maritime transport, including the Merchant Marine Act, 1920 (Public Law 66–261), commonly known as the “Jones Act”; and

(7)

any other law, regulation, rule, or executive order relating to Federal financial assistance awards or Federal procurement, that requires, or provides a preference for, the purchase or acquisition of goods, products, or materials produced in the United States, including iron, steel, construction material, and manufactured goods offered in the United States.

SEC. 70924. Hollings Manufacturing Extension Partnership Activities.

(a)

Use of Hollings Manufacturing Extension Partnership to Refer New Businesses to Contracting Opportunities.— The head of each Federal agency shall work with the Director of the Hollings Manufacturing Extension Partnership, as necessary, to ensure businesses participating in this Partnership are aware of their contracting opportunities.

(b)

Automatic Enrollment in GSA Advantage!.— The Administrator of the General Services Administration and the Secretary of Commerce, acting through the Under Secretary of Commerce for Standards and Technology, shall jointly ensure that each business that participates in the Hollings Manufacturing Extension Partnership is automatically enrolled in General Services Administration Advantage!.

SEC. 70925. United States Obligations under International Agreements.

This part, and the amendments made by this part, shall be applied in a manner consistent with United States obligations under international agreements.

SEC. 70926. Definitions.

In this part:

(1)

Berry amendment.— The term “Berry Amendment” means section 2533a of title 10, United States Code.

(2)

Buy american act.— The term “Buy American Act” means chapter 83 of title 41, United States Code.

(3)

Federal agency.— The term “Federal agency” has the meaning given the term “executive agency” in section 133 of title 41, United States Code.

(4)

Relevant congressional committees.— The term “relevant congressional committees” means—

(A)

the Committee on Homeland Security and Governmental Affairs, the Committee on Commerce, Science, and Transportation, the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Armed Services of the Senate; and

(B)

the Committee on Oversight and Reform, the Committee on Armed Services, and the Committee on Transportation and Infrastructure of the House of Representatives.

(5)

Waiver.— The term “waiver”, with respect to the acquisition of an article, material, or supply for public use, means the inapplicability of chapter 83 of title 41, United States Code, to the acquisition by reason of any of the following determinations under section 8302(a)(1) or 8303(b) of such title:

(A)

A determination by the head of the Federal agency concerned that the acquisition is inconsistent with the public interest.

(B)

A determination by the head of the Federal agency concerned that the cost of the acquisition is unreasonable.

(C)

A determination by the head of the Federal agency concerned that the article, material, or supply is not mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality.

SEC. 70927. Prospective Amendments to Internal Cross-References.

(a)

Specialty Metals Clause Reference.— Section 70923(f)(5) is amended by striking “ section 2533b” and inserting “ section 4863”.

(b)

Berry Amendment Reference.— Section 70926(1) is amended by striking “ section 2533a” and inserting “ section 4862”.

(c)

Effective Date.— The amendments made by this section shall take effect on January 1, 2022.

Subtitle B BuyAmerican.gov

SEC. 70931. Short Title.

This subtitle may be cited as the “BuyAmerican.gov Act of 2021”.

SEC. 70932. Definitions.

In this subtitle:

(1)

Buy american law.— The term “Buy American law” means any law, regulation, Executive order, or rule relating to Federal contracts, grants, or financial assistance that requires or provides a preference for the purchase or use of goods, products, or materials mined, produced, or manufactured in the United States, including—

(A)

chapter 83 of title 41, United States Code (commonly referred to as the “Buy American Act”);

(B)

section 5323(j) of title 49, United States Code;

(C)

section 313 of title 23, United States Code;

(D)

section 50101 of title 49, United States Code;

(E)

section 24405 of title 49, United States Code;

(F)

section 608 of the Federal Water Pollution Control Act (33 U.S.C. 1388);

(G)

section 1452(a)(4) of the Safe Drinking Water Act (42 U.S.C. 300j–12(a)(4));

(H)

section 5035 of the Water Resources Reform and Development Act of 2014 (33 U.S.C. 3914);

(I)

section 2533a of title 10, United States Code (commonly referred to as the “Berry Amendment”); and

(J)

section 2533b of title 10, United States Code.

(2)

Executive agency.— The term “executive agency” has the meaning given the term “agency” in paragraph (1) of section 3502 of title 44, United States Code, except that it does not include an independent regulatory agency, as that term is defined in paragraph (5) of such section.

(3)

Buy american waiver.— The term “Buy American waiver” refers to an exception to or waiver of any Buy American law, or the terms and conditions used by an agency in granting an exception to or waiver from Buy American laws.

SEC. 70933. Sense of Congress on Buying American.

It is the sense of Congress that—

(1)

every executive agency should maximize, through terms and conditions of Federal financial assistance awards and Federal procurements, the use of goods, products, and materials produced in the United States and contracts for outsourced government service contracts to be performed by United States nationals;

(2)

every executive agency should scrupulously monitor, enforce, and comply with Buy American laws, to the extent they apply, and minimize the use of waivers; and

(3)

every executive agency should use available data to routinely audit its compliance with Buy American laws.

SEC. 70934. Assessment of Impact of Free Trade Agreements.

Not later than 150 days after the date of the enactment of this Act, the Secretary of Commerce, the United States Trade Representative, and the Director of the Office of Management and Budget shall assess the impacts in a publicly available report of all United States free trade agreements, the World Trade Organization Agreement on Government Procurement, and Federal permitting processes on the operation of Buy American laws, including their impacts on the implementation of domestic procurement preferences.

SEC. 70935. Judicious Use of Waivers.

(a)

In General.— To the extent permitted by law, a Buy American waiver that is determined by an agency head or other relevant official to be in the public interest shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States.

(b)

Public Interest Waiver Determinations.— To the extent permitted by law, determination of public interest waivers shall be made by the head of the agency with the authority over the Federal financial assistance award or Federal procurement under consideration.

SEC. 70936. Establishment of Buyamerican.gov Website.

(a)

In General.— Not later than one year after the date of the enactment of this Act, the Administrator of General Services shall establish an Internet website with the address BuyAmerican.gov that will be publicly available and free to access. The website shall include information on all waivers of and exceptions to Buy American laws since the date of the enactment of this Act that have been requested, are under consideration, or have been granted by executive agencies and be designed to enable manufacturers and other interested parties to easily identify waivers. The website shall also include the results of routine audits to determine data errors and Buy American law violations after the award of a contract. The website shall provide publicly available contact information for the relevant contracting agencies.

(b)

Utilization of Existing Website.— The requirements of subsection (a) may be met by utilizing an existing website, provided that the address of that website is BuyAmerican.gov.

SEC. 70937. Waiver Transparency and Streamlining for Contracts.

(a)

Collection of Information.— The Administrator of General Services, in consultation with the heads of relevant agencies, shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a Federal contract, utilizing existing reporting requirements whenever possible, for purposes of providing early notice of possible waivers via the website established under section 70936.

(b)

Waiver Transparency and Streamlining.—

(1)

Requirement.— Prior to granting a request to waive a Buy American law, the head of an executive agency shall submit a request to invoke a Buy American waiver to the Administrator of General Services, and the Administrator of General Services shall make the request available on or through the public website established under section 70936 for public comment for not less than 15 days.

(2)

Exception.— The requirement under paragraph (1) does not apply to a request for a Buy American waiver to satisfy an urgent contracting need in an unforeseen and exigent circumstance.

(c)

Information Available to the Executive Agency Concerning the Request.—

(1)

Requirement.— No Buy American waiver for purposes of awarding a contract may be granted if, in contravention of subsection (b)—

(A)

information about the waiver was not made available on the website under section 70936; or

(B)

no opportunity for public comment concerning the request was granted.

(2)

Scope.— Information made available to the public concerning the request included on the website described in section 70936 shall properly and adequately document and justify the statutory basis cited for the requested waiver. Such information shall include—

(A)

a detailed justification for the use of goods, products, or materials mined, produced, or manufactured outside the United States;

(B)

for requests citing unreasonable cost as the statutory basis of the waiver, a comparison of the cost of the domestic product to the cost of the foreign product or a comparison of the overall cost of the project with domestic products to the overall cost of the project with foreign-origin products or services, pursuant to the requirements of the applicable Buy American law, except that publicly available cost comparison data may be provided in lieu of proprietary pricing information;

(C)

for requests citing the public interest as the statutory basis for the waiver, a detailed written statement, which shall include all appropriate factors, such as potential obligations under international agreements, justifying why the requested waiver is in the public interest; and

(D)

a certification that the procurement official or assistance recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and nonproprietary communications with the prime contractor.

(d)

Nonavailability Waivers.—

(1)

In general.— Except as provided under paragraph (2), for a request citing nonavailability as the statutory basis for a Buy American waiver, an executive agency shall provide an explanation of the procurement official’s efforts to procure a product from a domestic source and the reasons why a domestic product was not available from a domestic source. Those explanations shall be made available on BuyAmerican.gov prior to the issuance of the waiver, and the agency shall consider public comments regarding the availability of the product before making a final determination.

(2)

Exception.— An explanation under paragraph (1) is not required for a product the nonavailability of which is established by law or regulation.

SEC. 70938. Comptroller General Report.

Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report describing the implementation of this subtitle, including recommendations for any legislation to improve the collection and reporting of information regarding waivers of and exceptions to Buy American laws.

SEC. 70939. Rules of Construction.

(a)

Disclosure Requirements.— Nothing in this subtitle shall be construed as preempting, superseding, or otherwise affecting the application of any disclosure requirement or requirements otherwise provided by law or regulation.

(b)

Establishment of Successor Information Systems.— Nothing in this subtitle shall be construed as preventing or otherwise limiting the ability of the Administrator of General Services to move the data required to be included on the website established under subsection (a) to a successor information system. Any such information system shall include a reference to BuyAmerican.gov.

SEC. 70940. Consistency with International Agreements.

This subtitle shall be applied in a manner consistent with United States obligations under international agreements.

SEC. 70941. Prospective Amendments to Internal Cross-References.

(a)

In General.— Section 70932(1) is amended—

(1)

in subparagraph (I), by striking “ section 2533a” and inserting “ section 4862”; and

(2)

in subparagraph (J), by striking “ section 2533b” and inserting “ section 4863”.

(b)

Effective Date.— The amendments made by subsection (a) shall take effect on January 1, 2022.

Subtitle C Make PPE in America

SEC. 70951. Short Title.

This subtitle may be cited as the “Make PPE in America Act”.

SEC. 70952. Findings.

Congress makes the following findings:

(1)

The COVID–19 pandemic has exposed the vulnerability of the United States supply chains for, and lack of domestic production of, personal protective equipment (PPE).

(2)

The United States requires a robust, secure, and wholly domestic PPE supply chain to safeguard public health and national security.

(3)

Issuing a strategy that provides the government’s anticipated needs over the next three years will enable suppliers to assess what changes, if any, are needed in their manufacturing capacity to meet expected demands.

(4)

In order to foster a domestic PPE supply chain, United States industry needs a strong and consistent demand signal from the Federal Government providing the necessary certainty to expand production capacity investment in the United States.

(5)

In order to effectively incentivize investment in the United States and the re-shoring of manufacturing, long-term contracts must be no shorter than three years in duration.

(6)

To accomplish this aim, the United States should seek to ensure compliance with its international obligations, such as its commitments under the World Trade Organization’s Agreement on Government Procurement and its free trade agreements, including by invoking any relevant exceptions to those agreements, especially those related to national security and public health.

(7)

The United States needs a long-term investment strategy for the domestic production of PPE items critical to the United States national response to a public health crisis, including the COVID–19 pandemic.

SEC. 70953. Requirement of Long-Term Contracts for Domestically Manufactured Personal Protective Equipment.

(a)

Definitions.— In this section:

(1)

Appropriate congressional committees.— The term “appropriate congressional committees” means—

(A)

the Committee on Homeland Security and Governmental Affairs, the Committee on Health, Education, Labor, and Pensions, the Committee on Finance, and the Committee on Veterans’ Affairs of the Senate; and

(B)

the Committee on Homeland Security, the Committee on Oversight and Reform, the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Veterans’ Affairs of the House of Representatives.

(2)

Covered secretary.— The term “covered Secretary” means the Secretary of Homeland Security, the Secretary of Health and Human Services, and the Secretary of Veterans Affairs.

(3)

Personal protective equipment.— The term “personal protective equipment” means surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, gloves, disposable and reusable surgical and isolation gowns, head and foot coverings, and other gear or clothing used to protect an individual from the transmission of disease.

(4)

United states.— The term “United States” means the 50 States, the District of Columbia, and the possessions of the United States.

(b)

Contract Requirements for Domestic Production.— Beginning 90 days after the date of the enactment of this Act, in order to ensure the sustainment and expansion of personal protective equipment manufacturing in the United States and meet the needs of the current pandemic response, any contract for the procurement of personal protective equipment entered into by a covered Secretary, or a covered Secretary’s designee, shall—

(1)

be issued for a duration of at least 2 years, plus all option periods necessary, to incentivize investment in the production of personal protective equipment and the materials and components thereof in the United States; and

(2)

be for personal protective equipment, including the materials and components thereof, that is grown, reprocessed, reused, or produced in the United States.

(c)

Alternatives to Domestic Production.— The requirement under subsection (b) shall not apply to an item of personal protective equipment, or component or material thereof if, after maximizing to the extent feasible sources consistent with subsection (b), the covered Secretary—

(1)

maximizes sources for personal protective equipment that is assembled outside the United States containing only materials and components that are grown, reprocessed, reused, or produced in the United States; and

(2)

certifies every 120 days that it is necessary to procure personal protective equipment under alternative procedures to respond to the immediate needs of a public health emergency.

(d)

Availability Exception.—

(1)

In general.— Subsections (b) and (c) shall not apply to an item of personal protective equipment, or component or material thereof—

(A)

that is, or that includes, a material listed in section 25.104 of the Federal Acquisition Regulation as one for which a non-availability determination has been made; or

(B)

as to which the covered Secretary determines that a sufficient quantity of a satisfactory quality that is grown, reprocessed, reused, or produced in the United States cannot be procured as, and when, needed at United States market prices.

(2)

Certification requirement.— The covered Secretary shall certify every 120 days that the exception under paragraph (1) is necessary to meet the immediate needs of a public health emergency.

(e)

Report.—

(1)

In general.— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Management and Budget, in consultation with the covered Secretaries, shall submit to the chairs and ranking members of the appropriate congressional committees a report on the procurement of personal protective equipment.

(2)

Elements.— The report required under paragraph (1) shall include the following elements:

(A)

The United States long-term domestic procurement strategy for PPE produced in the United States, including strategies to incentivize investment in and maintain United States supply chains for all PPE sufficient to meet the needs of the United States during a public health emergency.

(B)

An estimate of long-term demand quantities for all PPE items procured by the United States.

(C)

Recommendations for congressional action required to implement the United States Government’s procurement strategy.

(D)

A determination whether all notifications, amendments, and other necessary actions have been completed to bring the United States existing international obligations into conformity with the statutory requirements of this subtitle.

(f)

Authorization of Transfer of Equipment.—

(1)

In general.— A covered Secretary may transfer to the Strategic National Stockpile established under section 319F–2 of the Public Health Service Act (42 U.S.C. 247d–6b) any excess personal protective equipment acquired under a contract executed pursuant to subsection (b).

(2)

Transfer of equipment during a public health emergency.—

(A)

Amendment.— Title V of the Homeland Security Act of 2002 (6 U.S.C. 311 et seq.) is amended by adding at the end the following:

“SEC. 529. TRANSFER OF EQUIPMENT DURING A PUBLIC HEALTH EMERGENCY.

“(a) Authorization of Transfer of Equipment.—During a public health emergency declared by the Secretary of Health and Human Services under section 319(a) of the Public Health Service Act (42 U.S.C. 247d(a)), the Secretary, at the request of the Secretary of Health and Human Services, may transfer to the Department of Health and Human Services, on a reimbursable basis, excess personal protective equipment or medically necessary equipment in the possession of the Department.

“(b) Determination by Secretaries.—

“(1) In general.—In carrying out this section—

“(A) before requesting a transfer under subsection (a), the Secretary of Health and Human Services shall determine whether the personal protective equipment or medically necessary equipment is otherwise available; and

“(B) before initiating a transfer under subsection (a), the Secretary, in consultation with the heads of each component within the Department, shall—

“(i) determine whether the personal protective equipment or medically necessary equipment requested to be transferred under subsection (a) is excess equipment; and

“(ii) certify that the transfer of the personal protective equipment or medically necessary equipment will not adversely impact the health or safety of officers, employees, or contractors of the Department.

“(2) Notification.—The Secretary of Health and Human Services and the Secretary shall each submit to Congress a notification explaining the determination made under subparagraphs (A) and (B), respectively, of paragraph (1).

“(3) Required inventory.—

“(A) In general.—The Secretary shall—

“(i) acting through the Chief Medical Officer of the Department, maintain an inventory of all personal protective equipment and medically necessary equipment in the possession of the Department; and

“(ii) make the inventory required under clause (i) available, on a continual basis, to—

“(I) the Secretary of Health and Human Services; and

“(II) the Committee on Appropriations and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Appropriations and the Committee on Homeland Security of the House of Representatives.

“(B) Form.—Each inventory required to be made available under subparagraph (A) shall be submitted in unclassified form, but may include a classified annex.”

(B)

Table of contents amendment.— The table of contents in section 1(b) of the Homeland Security Act of 2002 (Public Law 107–296; 116 Stat. 2135) is amended by inserting after the item relating to section 528 the following:

“Sec. 529. Transfer of equipment during a public health emergency.”.

(3)

Strategic national stockpile.— Section 319F–2(a) of the Public Health Service Act (42 U.S.C. 247d–6b(a)) is amended by adding at the end the following:

“(6) Transfers of items.—The Secretary, in coordination with the Secretary of Homeland Security, may sell drugs, vaccines and other biological products, medical devices, or other supplies maintained in the stockpile under paragraph (1) to a Federal agency or private, nonprofit, State, local, tribal, or territorial entity for immediate use and distribution, provided that any such items being sold are—

“(A) within 1 year of their expiration date; or

“(B) determined by the Secretary to no longer be needed in the stockpile due to advances in medical or technical capabilities.”

(g)

Compliance With International Agreements.— The President or the President’s designee shall take all necessary steps, including invoking the rights of the United States under Article III of the World Trade Organization’s Agreement on Government Procurement and the relevant exceptions of other relevant agreements to which the United States is a party, to ensure that the international obligations of the United States are consistent with the provisions of this subtitle.

TITLE X Asset Concessions

SEC. 71001. Asset Concessions.

(a)

Establishment of Program.—

(1)

In general.— Chapter 6 of title 23, United States Code, is amended by adding at the end the following:

“§ 611. Asset concessions and innovative finance assistance

“(a) Definitions.—In this section:

“(1) Approved infrastructure asset.—The term ‘approved infrastructure asset’ means—

“(A) a project (as defined in section 601(a)); and

“(B) a group of projects (as defined in section 601(a)) considered together in a single asset concession or long-term lease to a concessionaire by 1 or more eligible entities.

“(2) Asset concession.—The term ‘asset concession’ means a contract between an eligible entity and a concessionaire—

“(A) under which—

“(i) the eligible entity agrees to enter into a concession agreement or long-term lease with the concessionaire relating to an approved infrastructure asset owned, controlled, or maintained by the eligible entity;

“(ii) as consideration for the agreement or lease described in clause (i), the concessionaire agrees—

“(I) to provide to the eligible entity 1 or more asset concession payments; and

“(II) to maintain or exceed the condition, performance, and service level of the approved infrastructure asset, as compared to that condition, performance, and service level on the date of execution of the agreement or lease; and

“(iii) the eligible entity and the concessionaire agree that the costs for a fiscal year of the agreement or lease, and any project carried out under the agreement or lease, shall not be shifted to any taxpayer the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset; and

“(B) the terms of which do not include any noncompete or exclusivity restriction (or any other, similar restriction) on the approval of another project.

“(3) Asset concession payment.—The term ‘asset concession payment’ means a payment that—

“(A) is made by a concessionaire to an eligible entity for fair market value that is determined as part of the asset concession; and

“(B) may be—

“(i) a payment made at the financial close of an asset concession; or

“(ii) a series of payments scheduled to be made for—

“(I) a fixed period; or

“(II) the term of an asset concession.

“(4) Concessionaire.—The term ‘concessionaire’ means a private individual or a private or publicly chartered corporation or entity that enters into an asset concession with an eligible entity.

“(5) Eligible entity.—

“(A) In general.—The term ‘eligible entity’ means an entity described in subparagraph (B) that—

“(i) owns, controls, or maintains an approved infrastructure asset; and

“(ii) has the legal authority to enter into a contract to transfer ownership, maintenance, operations, revenues, or other benefits and responsibilities for an approved infrastructure asset.

“(B) Entities described.—An entity referred to in subparagraph (A) is any of the following:

“(i) A State.

“(ii) A Tribal government.

“(iii) A unit of local government.

“(iv) An agency or instrumentality of a State, Tribal government, or unit of local government.

“(v) A special purpose district or public authority.

“(b) Establishment.—The Secretary shall establish a program to facilitate access to expert services for, and to provide grants to, eligible entities to enhance the technical capacity of eligible entities to facilitate and evaluate public-private partnerships in which the private sector partner could assume a greater role in project planning, development, financing, construction, maintenance, and operation, including by assisting eligible entities in entering into asset concessions.

“(c) Applications.—To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require.

“(d) Eligible Activities.—

“(1) Technical assistance grants.—An eligible entity may use amounts made available from a grant under this section for technical assistance to build the organizational capacity of the eligible entity to develop, review, or enter into an asset concession, including for—

“(A) identifying appropriate assets or projects for asset concessions;

“(B) soliciting and negotiating asset concessions, including hiring staff in public agencies;

“(C) conducting a value-for-money analysis, or a comparable analysis, to evaluate the comparative benefits of asset concessions and public debt or other procurement methods;

“(D) evaluating options for the structure and use of asset concession payments;

“(E) evaluating and publicly presenting the risks and benefits of all contract provisions for the purpose of transparency and accountability;

“(F) identifying best practices to protect the public interest and priorities;

“(G) identifying best practices for managing transportation demand and mobility along a corridor, including through provisions of the asset concession, to facilitate transportation demand management strategies along the corridor that is subject to the asset concession; and

“(H) integrating and coordinating pricing, data, and fare collection with other regional operators that exist or may be developed.

“(2) Expert services.—An eligible entity seeking to leverage public and private funding in connection with the development of an early-stage approved infrastructure asset, including in the development of alternative approaches to project delivery or procurement, may use amounts made available from a grant under this section to retain the services of an expert firm to provide to the eligible entity direct project level assistance, which services may include—

“(A) project planning, feasibility studies, revenue forecasting, economic assessments and cost-benefit analyses, public benefit studies, value-for-money analyses, business case development, lifecycle cost analyses, risk assessment, financing and funding options analyses, procurement alternatives analyses, statutory and regulatory framework analyses and other pre-procurement and pre-construction activities;

“(B) financial and legal planning (including the identification of statutory authorization, funding, and financing options);

“(C) early assessment of permitting, environmental review, and regulatory processes and costs; and

“(D) assistance with entering into an asset concession.

“(e) Distribution.—

“(1) Maximum amount.—

“(A) Technical assistance grants.—The maximum amount of a technical assistance grant under subsection (d)(1) shall be $2,000,000.

“(B) Expert services.—The maximum amount of the value of expert services retained by an eligible entity under subsection (d)(2) shall be $2,000,000.

“(2) Cost sharing.—

“(A) In general.—Except as provided in subparagraph (B), the Federal share of the cost of an activity carried out under this section may be up to 100 percent.

“(B) Certain projects.—If the amount of the grant provided to an eligible entity under this section is more than $1,000,000, the Federal share of the cost of an activity carried out using grant amounts in excess of $1,000,000 shall be 50 percent.

“(3) Statewide maximum.—The aggregate amount made available under this section to eligible entities within a State shall not exceed, on a cumulative basis for all eligible entities within the State during any 3-year period, $4,000,000.

“(f) Requirements.—

“(1) In general.—The Secretary shall ensure that, as a condition of receiving a grant under this section, for any asset concession for which the grant provides direct assistance—

“(A) the asset concession shall not prohibit, discourage, or make it more difficult for an eligible entity to construct new infrastructure, to provide or expand transportation services, or to manage associated infrastructure in publicly beneficial ways, along a transportation corridor or in the proximity of a transportation facility that was a part of the asset concession;

“(B) the eligible entity shall have adopted binding rules to publish all major business terms of the proposed asset concession not later than the date that is 30 days before entering into the asset concession, to enable public review, including a certification of public interest based on the results of an assessment under subparagraph (D);

“(C) the asset concession shall not result in displacement, job loss, or wage reduction for the existing workforce of the eligible entity or other public entities;

“(D) the eligible entity or the concessionaire shall carry out a value-for-money analysis, or similar assessment, to compare the aggregate costs and benefits to the eligible entity of the asset concession against alternative options to determine whether the asset concession generates additional public benefits and serves the public interest;

“(E) the full amount of any asset concession payment received by the eligible entity under the asset concession, less any amount paid for transaction costs relating to the asset concession, shall be used to pay infrastructure costs of the eligible entity; and

“(F) the terms of the asset concession shall not result in any increase in costs under the asset concession being shifted to taxpayers the annual household income of whom is less than $400,000 per year, including through taxes, user fees, tolls, or any other measure, for use of an approved infrastructure asset.

“(2) Audit.—Not later than 3 years after the date on which an eligible entity enters into an asset concession as a result of a grant under this section—

“(A) the eligible entity shall hire an independent auditor to evaluate the performance of the concessionaire based on the requirements described in paragraph (1); and

“(B) the independent auditor shall submit to the eligible entity, and make publicly available, a report describing the results of the audit under subparagraph (A).

“(3) Treatment.—Unless otherwise provided under paragraph (1), the Secretary shall not, as a condition of receiving a grant under this section, prohibit or otherwise prevent an eligible entity from entering into, or receiving any asset concession payment under, an asset concession for an approved infrastructure asset owned, controlled, or maintained by the eligible entity.

“(4) Applicability of federal laws.—Nothing in this section exempts a concessionaire or an eligible entity from a compliance obligation with respect to any applicable Federal or State law that would otherwise apply to the concessionaire, the eligible entity, or an approved infrastructure asset.

“(g) Funding.—

“(1) In general.—On October 1, 2021, and on each October 1 thereafter through October 1, 2025, out of any funds in the Treasury not otherwise appropriated, the Secretary of the Treasury shall transfer to the Secretary to carry out this section $20,000,000, to remain available until expended.

“(2) Receipt and acceptance.—The Secretary shall be entitled to receive, shall accept, and shall use to carry out this section the funds transferred under paragraph (1), without further appropriation.”

(2)

Clerical amendment.— The analysis for chapter 6 of title 23, United States Code, is amended by adding at the end the following:

“611. Asset concessions and innovative finance assistance.”.

(b)

Asset Recycling Report.— Not later than August 1, 2024, the Secretary shall submit to Congress a report that includes—

(1)

an analysis of any impediments in applicable laws, regulations, and practices to increased use of public-private partnerships and private investment in transportation improvements; and

(2)

proposals for approaches that address those impediments while continuing to protect the public interest and any public investment in transportation improvements.

TITLE XI Clean School Buses and Ferries

SEC. 71101. Clean School Bus Program.

Section 741 of the Energy Policy Act of 2005 (42 U.S.C. 16091) is amended to read as follows:

“SEC. 741. CLEAN SCHOOL BUS PROGRAM.

“(a) Definitions.—In this section:

“(1) Administrator.—The term ‘Administrator’ means the Administrator of the Environmental Protection Agency.

“(2) Alternative fuel.—The term ‘alternative fuel’ means liquefied natural gas, compressed natural gas, hydrogen, propane, or biofuels.

“(3) Clean school bus.—The term ‘clean school bus’ means a school bus that—

“(A) the Administrator certifies reduces emissions and is operated entirely or in part using an alternative fuel; or

“(B) is a zero-emission school bus.

“(4) Eligible contractor.—The term ‘eligible contractor’ means a contractor that is a for-profit, not-for-profit, or nonprofit entity that has the capacity—

“(A) to sell clean school buses, zero-emission school buses, charging or fueling infrastructure, or other equipment needed to charge, fuel, or maintain clean school buses or zero-emission school buses, to individuals or entities that own a school bus or a fleet of school buses; or

“(B) to arrange financing for such a sale.

“(5) Eligible recipient.—

“(A) In general.—Subject to subparagraph (B), the term ‘eligible recipient’ means—

“(i) 1 or more local or State governmental entities responsible for—

“(I) providing school bus service to 1 or more public school systems; or

“(II) the purchase of school buses;

“(ii) an eligible contractor;

“(iii) a nonprofit school transportation association; or

“(iv) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)), Tribal organization (as defined in that section), or tribally controlled school (as defined in section 5212 of the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)) that is responsible for—

“(I) providing school bus service to 1 or more Bureau-funded schools (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or

“(II) the purchase of school buses.

“(B) Special requirements.—In the case of eligible recipients identified under clauses (ii) and (iii) of subparagraph (A), the Administrator shall establish timely and appropriate requirements for notice and shall establish timely and appropriate requirements for approval by the public school systems that would be served by buses purchased using award funds made available under this section.

“(6) High-need local educational agency.—The term ‘high-need local educational agency’ means a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that is among the local educational agencies in the applicable State with high percentages of children counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)), on the basis of the most recent satisfactory data available, as determined by the Secretary of Education (or, for a local educational agency for which no such data is available, such other data as the Secretary of Education determines to be satisfactory).

“(7) School bus.—The term ‘school bus’ has the meaning given the term ‘schoolbus’ in section 30125(a) of title 49, United States Code.

“(8) Zero-emission school bus.—The term ‘zero-emission school bus’ means a school bus that is certified by the Administrator to have a drivetrain that produces, under any possible operational mode or condition, zero exhaust emission of—

“(A) any air pollutant that is listed pursuant to section 108(a) of the Clean Air Act (42 U.S.C. 7408(a)) (or any precursor to such an air pollutant); and

“(B) any greenhouse gas.

“(b) Program for Replacement of Existing School Buses With Clean School Buses and Zero-emission School Buses.—

“(1) Establishment.—The Administrator shall establish a program—

“(A) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with clean school buses;

“(B) to award grants and rebates on a competitive basis to eligible recipients for the replacement of existing school buses with zero-emission school buses;

“(C) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with clean school buses; and

“(D) to award contracts to eligible contractors to provide rebates for the replacement of existing school buses with zero-emission school buses.

“(2) Allocation of funds.—Of the amounts made available for awards under paragraph (1) in a fiscal year, the Administrator shall award—

“(A) 50 percent to replace existing school buses with zero-emission school buses; and

“(B) 50 percent to replace existing school buses with clean school buses and zero-emission school buses.

“(3) Considerations.—In making awards under paragraph (2)(B), the Administrator shall take into account the following criteria and shall not give preference to any individual criterion:

“(A) Lowest overall cost of bus replacement.

“(B) Local conditions, including the length of bus routes and weather conditions.

“(C) Technologies that most reduce emissions.

“(D) Whether funds will bring new technologies to scale or promote cost parity between old technology and new technology.

“(4) Priority of applications.—In making awards under paragraph (1), the Administrator may prioritize applicants that—

“(A) propose to replace school buses that serve—

“(i) a high-need local educational agency;

“(ii) a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 (25 U.S.C. 2021)); or

“(iii) a local educational agency that receives a basic support payment under section 7003(b)(1) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(b)(1)) for children who reside on Indian land;

“(B) serve rural or low-income areas; or

“(C) propose to complement the assistance received through the award by securing additional sources of funding for the activities supported through the award, such as through—

“(i) public-private partnerships;

“(ii) grants from other entities; or

“(iii) issuance of school bonds.

“(5) Use of school bus fleet.—All clean school buses and zero-emission school buses acquired with funds provided under this section shall—

“(A) be operated as part of the school bus fleet for which the award was made for not less than 5 years;

“(B) be maintained, operated, and charged or fueled according to manufacturer recommendations or State requirements; and

“(C) not be manufactured or retrofitted with, or otherwise have installed, a power unit or other technology that creates air pollution within the school bus, such as an unvented diesel passenger heater.

“(6) Awards.—

“(A) In general.—In making awards under paragraph (1), the Administrator may make awards for up to 100 percent of the costs for replacement of existing school buses with clean school buses, zero-emission school buses, and charging or fueling infrastructure.

“(B) Structuring awards.—In making an award under paragraph (1)(A), the Administrator shall decide whether to award a grant or rebate, or a combination thereof, based primarily on how best to facilitate replacing existing school buses with clean school buses or zero-emission school buses, as applicable.

“(7) Deployment and distribution.—

“(A) In general.—The Administrator shall—

“(i) to the maximum extent practicable, achieve nationwide deployment of clean school buses and zero-emission school buses through the program under this section; and

“(ii) ensure a broad geographic distribution of awards.

“(B) Limitation.—The Administrator shall ensure that the amount received by all eligible entities in a State from grants and rebates under this section does not exceed 10 percent of the amounts made available to carry out this section during a fiscal year.

“(8) Annual report.—Not later than January 31 of each year, the Administrator shall submit to Congress a report that evaluates the implementation of this section and describes—

“(A) the total number of applications received;

“(B) the quantity and amount of grants and rebates awarded and the location of the recipients of the grants and rebates;

“(C) the criteria used to select the recipients; and

“(D) any other information the Administrator considers appropriate.

“(c) Education and Outreach.—

“(1) In general.—Not later than 120 days after the date of enactment of the Infrastructure Investment and Jobs Act, the Administrator shall develop an education and outreach program to promote and explain the award program under this section.

“(2) Coordination with stakeholders.—The education and outreach program under paragraph (1) shall be designed and conducted in conjunction with interested stakeholders.

“(3) Components.—The education and outreach program under paragraph (1) shall—

“(A) inform potential award recipients on the process of applying for awards and fulfilling the requirements of awards;

“(B) describe the available technologies and the benefits of using the technologies;

“(C) explain the benefits and costs incurred by participating in the award program;

“(D) make available information regarding best practices, lessons learned, and technical and other information regarding—

“(i) clean school bus and zero-emission school bus acquisition and deployment;

“(ii) the build-out of associated infrastructure and advance planning with the local electricity supplier;

“(iii) workforce development, training, and Registered Apprenticeships that meet the requirements under parts 29 and 30 of title 29, Code of Federal Regulations (as in effect on December 1, 2019); and

“(iv) any other information that is necessary, as determined by the Administrator; and

“(E) include, as appropriate, information from the annual report required under subsection (b)(7).

“(d) Administrative Costs.—The Administrator may use, for the administrative costs of carrying out this section, not more than 3 percent of the amounts made available to carry out this section for any fiscal year.

“(e) Regulations.—The Administrator shall have the authority to issue such regulations or other guidance, forms, instructions, and publications as may be necessary or appropriate to carry out the programs, projects, or activities authorized under this section, including to ensure that such programs, projects, or activities are completed in a timely and effective manner, result in emissions reductions, and maximize public health benefits.

“(f) Authorization of Appropriations.—There is authorized to be appropriated to the Administrator to carry out this section, to remain available until expended, $1,000,000,000 for each of fiscal years 2022 through 2026, of which—

“(1) $500,000,000 shall be made available for the adoption of clean school buses and zero-emission school buses; and

“(2) $500,000,000 shall be made available for the adoption of zero-emission school buses.”

SEC. 71102. Electric or Low-Emitting Ferry Pilot Program.

(a)

Definitions.— In this section:

(1)

Alternative fuel.— The term “alternative fuel” means—

(A)

methanol, denatured ethanol, and other alcohols;

(B)

a mixture containing at least 85 percent of methanol, denatured ethanol, and other alcohols by volume with gasoline or other fuels;

(C)

natural gas;

(D)

liquefied petroleum gas;

(E)

hydrogen;

(F)

fuels (except alcohol) derived from biological materials;

(G)

electricity (including electricity from solar energy); and

(H)

any other fuel the Secretary prescribes by regulation that is not substantially petroleum and that would yield substantial energy security and environmental benefits.

(2)

Electric or low-emitting ferry.— The term “electric or low-emitting ferry” means a ferry that reduces emissions by utilizing alternative fuels or onboard energy storage systems and related charging infrastructure to reduce emissions or produce zero onboard emissions under normal operation.

(3)

Secretary.— The term “Secretary” means the Secretary of Transportation.

(b)

Establishment.— The Secretary shall carry out a pilot program to provide grants for the purchase of electric or low-emitting ferries and the electrification of or other reduction of emissions from existing ferries.

(c)

Requirement.— In carrying out the pilot program under this section, the Secretary shall ensure that—

(1)

not less than 1 grant under this section shall be for a ferry service that serves the State with the largest number of Marine Highway System miles; and

(2)

not less than 1 grant under this section shall be for a bi-State ferry service—

(A)

with an aging fleet; and

(B)

whose development of zero and low emission power source ferries will propose to advance the state of the technology toward increasing the range and capacity of zero emission power source ferries.

(d)

Authorization of Appropriations.— There is authorized to be appropriated to the Secretary to carry out this section $50,000,000 for each of fiscal years 2022 through 2026.

SEC. 71103. Ferry Service for Rural Communities.

(a)

Definitions.— In this section:

(1)

Basic essential ferry service.— The term “basic essential ferry service” means scheduled ferry transportation service.

(2)

Eligible service.— The term “eligible service” means a ferry service that—

(A)

operated a regular schedule at any time during the 5-year period ending on March 1, 2020; and

(B)

served not less than 2 rural areas located more than 50 sailing miles apart.

(3)

Rural area.— The term “rural area” has the meaning given the term in section 5302 of title 49, United States Code.

(4)

Secretary.— The term “Secretary” means the Secretary of Transportation.

(b)

Establishment.— The Secretary shall establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to States to provide such basic essential ferry service.

(c)

Program Criteria.— The Secretary shall establish requirements and criteria for participation in the program under this section, including requirements for the provision of funds to States.

(d)

Waivers.— The Secretary shall establish criteria for the waiver of any requirement under this section.

(e)

Treatment.—

(1)

Not attributable to urbanized areas.— An eligible service that receives funds from a State under this section shall not be attributed to an urbanized area for purposes of apportioning funds under chapter 53 of title 49, United States Code.

(2)

No receipt of certain apportioned funds.— An eligible service that receives funds from a State under this section shall not receive funds apportioned under section 5336 or 5337 of title 49, United States Code, in the same fiscal year.

(f)

Funding.— There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026.

(g)

Operating Costs.—

(1)

Section 147 of title 23, United States Code, is amended by adding at the end the following:

“(k) Additional Uses.—Notwithstanding any other provision of law, in addition to other uses of funds under this section, an eligible entity may use amounts made available under this section to pay the operating costs of the eligible entity.”

(2)

Section 218(c) of title 23, United States Code (as amended by section 11116 of division A), is amended by inserting “ operation, repair,” after “ purchase,”.

SEC. 71104. Expanding the Funding Authority for Renovating, Constructing, and Expanding Certain Facilities.

Section 509 of the Indian Health Care Improvement Act (25 U.S.C. 1659) is amended—

(1)

by striking “ minor” before “ renovations”; and

(2)

by striking “ , to assist” and all that follows through “ standards”.

Lineage

Nov 15, 2021reading now Pub. L. 117–58 Enacted
Nov 15, 2021 H.R. 3684 · Enrolled Bill Congress
Aug 1, 2021 H.R. 3684 · Engrossed Amendment Senate Senate
Jul 12, 2021 H.R. 3684 · Placed on Calendar Senate Senate Received and read the first time
Jul 1, 2021 H.R. 3684 · Engrossed in House House
Jun 4, 2021 H.R. 3684 · Reported in House House Mr. DeFazio (for himself, Ms. Norton, and Mr. Payne) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
Jun 4, 2021 H.R. 3684 · Introduced in House House Mr. DeFazio (for himself, Ms. Norton, and Mr. Payne) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure