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117-s-1914 | II 117th CONGRESS 1st Session S. 1914 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Rubio (for himself and Mr. Casey ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit the initial public offering of certain securities, and for other purposes.
1. Short title This Act may be cited as the No IPOs for Unaccountable Actors Act . 2. No initial public offerings for unaccountable actors (a) Definitions In this section— (1) the term Board means the Public Company Accounting Oversight Board; (2) the term Commission means the Securities and Exchange Commission; (3) the term covered entity means— (A) an entity that is headquartered in, or otherwise controlled by an entity that is headquartered in, a foreign jurisdiction in which the Board is prevented from conducting an inspection or investigation of a registered public accounting firm under section 104 of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7214 ) because of a position taken by an authority in that foreign jurisdiction, as determined by the Board; or (B) an entity that— (i) is headquartered in, or otherwise controlled by an entity that is headquartered in, a foreign jurisdiction; and (ii) retains a registered public accounting firm described in section 104(i)(2)(A) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7214(i)(2)(A) ); (4) the terms exchange , issuer , and security have the meanings given the terms in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ); and (5) the term national securities exchange means an exchange registered as a national securities exchange under section 6 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78f ). (b) Prohibitions regarding covered entities Beginning on the date that is 1 year after the date of enactment of this Act— (1) the Commission shall prohibit the initial listing of the securities of a covered entity on a national securities exchange; (2) if the securities of an issuer are listed on a national securities exchange and, as a result of a business combination, that issuer becomes a covered entity, the Commission shall prohibit the national securities exchange from continuing to list the securities of the issuer; and (3) a covered entity may not register a security of the covered entity under section 12(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78l(b) ). | https://www.govinfo.gov/content/pkg/BILLS-117s1914is/xml/BILLS-117s1914is.xml |
117-s-1915 | II 117th CONGRESS 1st Session S. 1915 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Duckworth (for herself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to allow a veteran to receive a full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products.
1. Short title This Act may be cited as the Access to Contraception Expansion for Veterans Act or the ACE Veterans Act . 2. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products (a) Full year supply Subchapter II of chapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section: 1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products (a) Request for full year supply The Secretary shall ensure that a veteran who is enrolled in the system of annual patient enrollment of the Department under section 1705 of this title and who receives a prescription for contraceptive pills, transdermal patches, vaginal rings, or other hormonal contraceptive products may, upon request, fill such prescription as a full year supply. (b) Notice A veteran described in subsection (a) shall be notified of the option for a full year supply described in that subsection at the time at which the prescription is issued. . (b) Clerical amendment The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 1720J the following new item: 1720K. Full year supply of contraceptive pills, transdermal patches, vaginal rings, and other hormonal contraceptive products . . | https://www.govinfo.gov/content/pkg/BILLS-117s1915is/xml/BILLS-117s1915is.xml |
117-s-1916 | II 117th CONGRESS 1st Session S. 1916 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Braun (for himself, Mr. Barrasso , Mrs. Blackburn , Mr. Boozman , Mr. Cotton , Mr. Cramer , Mr. Crapo , Mr. Daines , Ms. Ernst , Mr. Hawley , Mr. Hoeven , Mrs. Hyde-Smith , Ms. Lummis , Mr. Marshall , Mr. Moran , Mr. Risch , Mr. Rounds , Mr. Scott of Florida , Mr. Thune , Mr. Tillis , Mr. Wicker , Mr. Young , Mr. Lankford , Mr. Cruz , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To prohibit the President and the Secretary of Health and Human Services from declaring certain emergencies or disasters for the purpose of imposing gun control.
1. Short title This Act may be cited as the Protecting the Right To Keep and Bear Arms Act of 2021 . 2. Limitation on declarations by President The President (or any designee thereof) shall not, for the purpose of imposing gun control, declare an emergency pursuant to the National Emergencies Act ( 50 U.S.C. 1601 et seq. ) or an emergency or major disaster pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. ). 3. Limitation on declarations by HHS The Secretary of Health and Human Services shall not, for the purpose of imposing gun control, declare a public health emergency pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). 4. Firearms policies Section 706(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5207(a) ) is amended— (1) in paragraph (3) by striking ; or and inserting a semicolon; (2) in paragraph (4) by striking the period and inserting a semicolon; and (3) by adding at the end the following: (5) prohibit the manufacturing, sale, or transfer of firearms; or (6) prohibit the manufacturing, sale, or transfer of ammunition. . | https://www.govinfo.gov/content/pkg/BILLS-117s1916is/xml/BILLS-117s1916is.xml |
117-s-1917 | II 117th CONGRESS 1st Session S. 1917 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Peters (for himself and Mr. Scott of Florida ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish a K–12 education cybersecurity initiative, and for other purposes.
1. Short title This Act may be cited as the K–12 Cybersecurity Act of 2021 . 2. Findings Congress finds the following: (1) K–12 educational institutions across the United States are facing cyber attacks. (2) Cyber attacks place the information systems of K–12 educational institutions at risk of possible disclosure of sensitive student and employee information, including— (A) grades and information on scholastic development; (B) medical records; (C) family records; and (D) personally identifiable information. (3) Providing K–12 educational institutions with resources to aid cybersecurity efforts will help K–12 educational institutions prevent, detect, and respond to cyber events. 3. K–12 education cybersecurity initiative (a) Definitions In this section: (1) Cybersecurity risk The term cybersecurity risk has the meaning given the term in section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ). (2) Director The term Director means the Director of Cybersecurity and Infrastructure Security. (3) Information system The term information system has the meaning given the term in section 3502 of title 44, United States Code. (4) K–12 educational institution The term K–12 educational institution means an elementary school or a secondary school, as those terms are defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (b) Study (1) In general Not later than 120 days after the date of enactment of this Act, the Director, in accordance with subsection (g)(1), shall conduct a study on the specific cybersecurity risks facing K–12 educational institutions that— (A) analyzes how identified cybersecurity risks specifically impact K–12 educational institutions; (B) includes an evaluation of the challenges K–12 educational institutions face in— (i) securing— (I) information systems owned, leased, or relied upon by K–12 educational institutions; and (II) sensitive student and employee records; and (ii) implementing cybersecurity protocols; (C) identifies cybersecurity challenges relating to remote learning; and (D) evaluates the most accessible ways to communicate cybersecurity recommendations and tools. (2) Congressional briefing Not later than 120 days after the date of enactment of this Act, the Director shall provide a Congressional briefing on the study conducted under paragraph (1). (c) Cybersecurity Recommendations Not later than 60 days after the completion of the study required under subsection (b)(1), the Director, in accordance with subsection (g)(1), shall develop recommendations that include cybersecurity guidelines designed to assist K–12 educational institutions in facing the cybersecurity risks described in subsection (b)(1), using the findings of the study. (d) Online training toolkit Not later than 120 days after the completion of the development of the recommendations required under subsection (c), the Director shall develop an online training toolkit designed for officials at K–12 educational institutions to— (1) educate the officials about the cybersecurity recommendations developed under subsection (c); and (2) provide strategies for the officials to implement the recommendations developed under subsection (c). (e) Public availability The Director shall make available on the website of the Department of Homeland Security with other information relating to school safety the following: (1) The findings of the study conducted under subsection (b)(1). (2) The cybersecurity recommendations developed under subsection (c). (3) The online training toolkit developed under subsection (d). (f) Voluntary use The use of the cybersecurity recommendations developed under (c) by K–12 educational institutions shall be voluntary. (g) Consultation (1) In general In the course of the conduction of the study required under subsection (b)(1) and the development of the recommendations required under subsection (c), the Director shall consult with individuals and entities focused on cybersecurity and education, as appropriate, including— (A) teachers; (B) school administrators; (C) Federal agencies; (D) non-Federal cybersecurity entities with experience in education issues; and (E) private sector organizations. (2) Inapplicability of FACA The Federal Advisory Committee Act (5 U.S.C App.) shall not apply to any consultation under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1917is/xml/BILLS-117s1917is.xml |
117-s-1918 | II 117th CONGRESS 1st Session S. 1918 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. King (for himself, Mr. Burr , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To support the reuse and recycling of batteries and critical minerals, and for other purposes.
1. Short title This Act may be cited as the Battery and Critical Mineral Recycling Act of 2021 . 2. Definitions In this Act: (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) Battery producer The term battery producer means, with respect to a covered battery or covered battery-containing product that is sold, offered for sale, or distributed for sale in the United States, including through retail, wholesale, business-to-business, and online sale, the following applicable entity: (A) A person who— (i) manufactures the covered battery or covered battery-containing product; and (ii) sells or offers for sale the covered battery or covered battery-containing product under the brand of that person. (B) If there is no person described in subparagraph (A) with respect to the covered battery or covered battery-containing product, the owner or licensee of the brand under which the covered battery or covered battery-containing product is sold, offered for sale, or distributed, regardless of whether the trademark of the brand is registered. (C) If there is no person described in subparagraph (A) or (B) with respect to the covered battery or covered battery-containing product, a person that imports the covered battery or covered battery-containing product into the United States for sale or distribution. (4) Covered battery The term covered battery means a new or unused primary battery or rechargeable battery. (5) Covered battery-containing product The term covered battery-containing product means a new or unused product that contains or is packaged with a primary battery or rechargeable battery. (6) Primary battery The term primary battery means a nonrechargeable battery that weighs not more than 4.4 pounds, including an alkaline, carbon-zinc, and lithium metal battery. (7) Rechargeable battery (A) In general The term rechargeable battery means a battery that— (i) contains 1 or more voltaic or galvanic cells that are electrically connected to produce electric energy; (ii) is designed to be recharged; (iii) weighs not more than 11 pounds; and (iv) has a watt-hour rating of not more than 300 watt-hours. (B) Exclusions The term rechargeable battery does not include a battery that— (i) contains electrolyte as a free liquid; or (ii) employs lead-acid technology, unless that battery is sealed and does not contain electrolyte as a free liquid. (8) Recycling The term recycling means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream— (A) unrelated to the manufacturing of batteries; and (B) for use— (i) as raw materials; or (ii) in the manufacture of products other than fuel. (9) Secretary The term Secretary means the Secretary of Energy. 3. Grants (a) Battery recycling research, development, and demonstration grants (1) In general The Secretary shall award multiyear grants to eligible entities for research, development, and demonstration projects to create innovative and practical approaches to increase the reuse and recycling of batteries, including by addressing— (A) recycling activities; (B) the development of methods to promote the design and production of batteries that take into full account and facilitate the dismantling, reuse, recovery, and recycling of battery components and materials; (C) strategies to increase consumer acceptance of, and participation in, the recycling of batteries; (D) the integration of increased quantities of recycled critical minerals in batteries and other products to develop markets for recycled battery materials and critical minerals; (E) safe disposal of waste materials and components recovered during the recycling process; (F) the protection of the health and safety of all persons involved in, or in proximity to, recycling and reprocessing activities; (G) mitigation of environmental impacts that arise from recycling batteries, including disposal of toxic reagents and byproducts related to recycling processes; (H) protection of data privacy associated with collected covered battery-containing products; (I) the optimization of the value of material derived from recycling batteries; and (J) the cost-effectiveness of the reuse and recycling of batteries. (2) Eligible entities The Secretary may award a grant under paragraph (1) to— (A) an institution of higher education; (B) a National Laboratory; (C) a Federal research agency; (D) a State research agency; (E) a nonprofit organization; (F) an industrial entity; (G) a manufacturing entity; (H) a private battery-collection entity; (I) an entity operating 1 or more battery recycling activities; (J) a State or municipal government entity; (K) a battery producer; (L) a battery retailer; or (M) a consortium of 2 or more entities described in subparagraphs (A) through (L). (3) Applications (A) In general To be eligible to receive a grant under paragraph (1), an eligible entity described in paragraph (2) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Contents An application submitted under subparagraph (A) shall describe how the project will promote collaboration among— (i) battery producers and manufacturers; (ii) battery material and equipment manufacturers; (iii) battery recyclers, collectors, and refiners; and (iv) retailers. (b) State and local programs (1) In general The Secretary shall establish a program under which the Secretary shall award grants, on a competitive basis, to States and units of local government to assist in the establishment or enhancement of State battery collection, recycling, and reprocessing programs. (2) Non-Federal cost share The non-Federal share of the cost of a project carried out using a grant under this subsection shall be 50 percent of the cost of the project. (3) Report Not later than 2 years after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report that describes the number of battery collection points established or enhanced, an estimate of jobs created, and the quantity of material collected as a result of the grants awarded under paragraph (1). (c) Retailers as collection points (1) In general The Secretary shall award grants, on a competitive basis, to retailers that sell covered batteries or covered battery-containing products to establish and implement a system for the acceptance and collection of covered batteries and covered battery-containing products, as applicable, for reuse, recycling, or proper disposal. (2) Collection system A system described in paragraph (1) shall include take-back of covered batteries— (A) at no cost to the consumer; and (B) on a regular, convenient, and accessible basis. 4. Lithium-ion battery recycling prize competition (a) In general The Secretary shall continue to carry out the existing Lithium-Ion Battery Recycling Prize competition of the Department of Energy established under section 24 of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3719 ). (b) Additional funding for pilot projects In addition to any other funds made available to the Secretary to carry out the competition described in subsection (a), there is authorized to be appropriated to the Secretary to carry out Phase III of that competition $10,000,000 for fiscal year 2021, to remain available until expended, which the Secretary may use— (1) to increase the number of winners of Phase III of that competition; (2) to increase the amount awarded to the winners of Phase III of that competition; or (3) to carry out any other activity that is consistent with the goals of Phase III of that competition, as determined by the Secretary. 5. Best practices for collection of batteries to be recycled (a) In general The Administrator shall develop voluntary best practices that may be implemented by State and local governments with respect to the collection of batteries to be recycled in a manner that— (1) to the maximum extent practicable, is technically and economically feasible for State and local governments; (2) is environmentally sound and safe for waste management workers; and (3) optimizes the value and use of material derived from recycling of batteries. (b) Consultation The Administrator shall develop the voluntary best practices described in subsection (a) in coordination with State and local leaders and entities in relevant private sectors. (c) Report Not later than 2 years after the date of enactment of this Act, the Administrator shall submit to Congress a report describing the voluntary best practices developed under subsection (a). 6. Voluntary labeling guidelines (a) In general There is established within the Department of Energy and the Environmental Protection Agency a voluntary program (referred to in this section as the program ) to promote battery recycling through the development of— (1) voluntary labeling guidelines for batteries; and (2) other forms of voluntary communication about the reuse and recycling of critical materials from batteries. (b) Purposes The purposes of the program are to improve battery collection and reduce battery waste, including by— (1) identifying battery collection locations and increasing accessibility to those locations; (2) promoting consumer education about battery collection and recycling; and (3) reducing safety concerns relating to the improper disposal of batteries. (c) Division of responsibilities Implementation responsibilities under the program shall be divided between the Secretary and the Administrator in accordance with the terms of 1 or more applicable agreements between the Secretary and the Administrator. (d) Other standards and law The Secretary and the Administrator shall make every reasonable effort to ensure that voluntary labeling guidelines and other forms of communication developed under the program are consistent with— (1) international battery labeling standards; and (2) the Mercury-Containing and Rechargeable Battery Management Act ( 42 U.S.C. 14301 et seq. ). 7. Task force on producer requirements (a) In general The Secretary shall convene a task force to develop an extended battery producer responsibility framework that— (1) addresses battery recycling goals, cost structures for mandatory recycling, reporting requirements, product design, collection models, and transportation of collected materials; (2) provides sufficient flexibility to allow battery producers to determine cost-effective strategies for compliance with the framework; and (3) outlines regulatory pathways for effective recycling. (b) Task force members Members of the task force convened under subsection (a) shall include— (1) battery producers, manufacturers, retailers, recyclers, collectors, and refiners; (2) States and municipalities; and (3) other relevant stakeholders, such as environmental, clean energy, or consumer advocates, as determined by the Secretary. (c) Report Not later than 1 year after the date on which the Secretary convenes the task force under subsection (a), the Secretary shall submit to Congress a report that— (1) describes the extended producer responsibility framework developed by the task force; (2) includes the recommendations of the task force on how best to implement a mandatory pay-in or other enforcement mechanism to ensure that battery producers and sellers are contributing to the recycling of batteries; and (3) suggests regulatory pathways for effective recycling. 8. Effect on Mercury-Containing and Rechargeable Battery Management Act Nothing in this Act, or any regulation, guideline, framework, or policy adopted or promulgated pursuant to this Act, shall modify or otherwise affect the provisions of the Mercury-Containing and Rechargeable Battery Management Act ( 42 U.S.C. 14301 et seq. ). 9. Authorization of appropriations There is authorized to be appropriated to carry out this Act $30,000,000 for each of fiscal years 2021 through 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s1918is/xml/BILLS-117s1918is.xml |
117-s-1919 | II 117th CONGRESS 1st Session S. 1919 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Braun (for himself and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to modify certain requirements of the railway-highway crossings program, and for other purposes.
1. Short titles This Act may be cited as the Railway Upgrades for Rural American Lines Act or the RURAL Act . 2. Railway-highway crossings program Section 130 of title 23, United States Code, is amended— (1) in subsection (e)(1)— (A) in subparagraph (A), by striking and the installation of protective devices and inserting , the installation of protective devices, and the replacement of functionally obsolete warning devices ; and (B) in subparagraph (B), by striking the installation of protective devices at railway-highway crossings and inserting construction or installation of protective devices (including the replacement of functionally obsolete protective devices) at railway-highway crossings ; and (2) in subsection (i)(3)(B), by striking $7,500 and inserting $100,000 . | https://www.govinfo.gov/content/pkg/BILLS-117s1919is/xml/BILLS-117s1919is.xml |
117-s-1920 | II 117th CONGRESS 1st Session S. 1920 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Braun (for himself, Mr. Barrasso , Mrs. Blackburn , Mr. Cramer , Mr. Crapo , Ms. Lummis , Mr. Risch , Mr. Scott of Florida , Mr. Lankford , Mr. Hawley , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide procedures for appealing certain Bureau of Alcohol, Tobacco, Firearms and Explosives rulings or determinations, and for other purposes.
1. Short title This Act may be cited as the ATF Accountability Act of 2021 . 2. Procedures for appealing certain Bureau of Alcohol, Tobacco, Firearms and Explosives rulings or determinations (a) In general Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) (1) If a licensed manufacturer, licensed importer, or licensed dealer transmits to the Attorney General a product classification request or a written question regarding any regulatory matter, including the legal status or classification of a product, or a recordkeeping practice, under any law administered, in whole or in part, by the Bureau of Alcohol, Tobacco, Firearms and Explosives, the Attorney General shall, not later than 90 days after receipt of the request or question, make a ruling or determination in writing on the question, and transmit the ruling or determination to the licensee. (2) (A) Within 30 calendar days after receipt of a copy of the ruling or determination, the licensee may appeal the ruling or determination (or a cease and desist letter) by filing with any Director of Industry Operations having jurisdiction over a premises of the licensee subject to a license issued to the licensee under this chapter a request for review of the ruling or determination, which shall include a statement of the reasons for the appeal, and the relief requested. (B) Within 30 calendar days after receipt of the request for the appeal, the Director of Industry Operations shall render a decision on the appeal in writing and transmit a copy of the decision to the licensee, at which point the licensee may request a hearing pursuant to paragraph (3). (3) (A) Within 14 days after receipt from the licensee of a request for the appeal to be determined on the record after opportunity for a hearing, the Director of Industry Operations shall refer the request to an administrative law judge who shall— (i) set a time and place for a hearing on the appeal at a location convenient to the licensee; and (ii) at least 10 days before the date set for the hearing, serve on the licensee and the Director of Industry Operations a notice of the hearing. (B) The hearing shall be conducted in accordance with the hearing procedures prescribed in subsections (b) through (e) of section 556 and section 557(d) of title 5. (C) Within a reasonable time, and as expeditiously as possible, after the conclusion of the hearing, the administrative law judge shall— (i) render a decision on the appeal, which shall consist of— (I) a brief statement of the issues of fact involved in the proceeding; (II) the findings and conclusions of the administrative law judge, and the reasons or basis therefor with record references, on all material issues of fact, law, or discretion presented on the record; and (III) the decision of the administrative law judge to reverse or affirm the ruling or determination involved; (ii) certify to the complete record of the proceeding; (iii) forward the complete certified record and a copy of the decision to the Director of Industry Operations; (iv) serve a copy of the decision on the licensee or counsel for the licensee; and (v) transmit a copy of the decision to the attorney representing the United States in the proceeding. (4) The decision of the administrative law judge or the Director of Industry Operations, or the ruling of another officer or employee of the Bureau of Alcohol, Tobacco, Firearms and Explosives, as the case may be, pursuant to this subsection shall— (A) constitute final agency action; (B) be subject to judicial review under chapter 7 of title 5; and (C) be binding on the United States and the licensee. . (b) Applicability The amendment made by subsection (a) shall apply with respect to determinations made before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1920is/xml/BILLS-117s1920is.xml |
117-s-1921 | II 117th CONGRESS 1st Session S. 1921 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Warren (for herself, Mr. Van Hollen , and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To establish the National Institutes of Clean Energy.
1. Short title This Act may be cited as the National Institutes of Clean Energy Act of 2021 . 2. National Institutes of Clean Energy (a) Definitions In this section: (1) Advanced energy technology The term advanced energy technology means a technology that— (A) reduces greenhouse gas emissions with high conversion efficiency; (B) minimizes energy, water, and material resource use; (C) was produced by or helps generate a renewable energy source; and (D) minimizes environmental harms to or negative public health impacts on frontline, vulnerable, and disadvantaged communities. (2) Frontline, vulnerable, and disadvantaged community The term frontline, vulnerable, and disadvantaged community means a community— (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ); and (B) in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, gender, and economic injustices by disproportionately affecting Black, Brown, and Indigenous peoples, other communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth. (3) Institutes The term Institutes means the National Institutes of Clean Energy established under subsection (b). (4) Land-grant college or university The term land-grant college or university means— (A) an institution that is eligible to receive funds under the Act of July 2, 1862 (commonly known as the First Morrill Act ) (12 Stat. 503, chapter 130; 7 U.S.C. 301 et seq. ) or the Act of August 30, 1890 (commonly known as the Second Morrill Act ) (26 Stat. 417, chapter 841; 7 U.S.C. 321 et seq. ), including Tuskegee University; and (B) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )). (5) Minority-serving institution The term minority-serving institution means an institution of higher education described in section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (6) Renewable energy source The term renewable energy source means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (C) Ocean, including tidal, wave, current, and thermal. (D) Geothermal, including electricity and heat pumps. (E) Hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project that was placed in service on or after January 1, 1999. (F) Hydrogen derived from a renewable energy source. (G) Thermal energy generated by any of the sources described in subparagraphs (A) through (F). (b) Establishment Not later than January 1, 2025, there shall be established the National Institutes of Clean Energy, which shall be an agency of the Department of Energy. (c) Activities (1) In general The Institutes shall— (A) invest in clean energy science, climate science, innovation, and research and development to reduce emissions and build climate resilience; and (B) support— (i) clean energy research areas, including— (I) demonstration projects for clean energy and climate research and development priorities, including microgrids, energy storage, electric vehicles, and advanced energy technologies in hard-to-decarbonize sectors, such as the aviation and shipping sectors; and (II) clean energy research areas that are underrepresented in existing Federal research and development funding, such as long-duration grid storage; (ii) research and development projects focusing on the impacts of energy production in frontline communities, including communities of color and low-income communities, that have been disproportionately impacted by environmental injustices; and (iii) research and development projects focused on impacts of clean energy and energy production on job loss, job creation, and workforce development, particularly in heavily unionized workforce sectors. (2) Priority In carrying out paragraph (1), the Institutes shall give priority to— (A) the development of technologies that will— (i) minimize environmental harms to or negative public health impacts on frontline, vulnerable, and disadvantaged communities; (ii) improve the public health of frontline, vulnerable, and disadvantaged communities; or (iii) create high-quality jobs with strong labor standards in frontline, vulnerable, and disadvantaged communities; (B) research and development of advanced energy technologies; (C) climate science and innovation and clean energy technology; (D) research and development that will be conducted at— (i) public universities and colleges; (ii) land-grant colleges and universities; (iii) minority-serving institutions, including historically Black colleges and universities; and (iv) consortia comprising 1 or more of the entities described in clauses (i) through (iii); and (E) research and development in geographic areas that have seen the worst job losses between 2016 and 2021, including rural areas and areas impacted by deindustrialization. (d) Authorization of appropriations There is authorized to be appropriated $400,000,000,000 for the period of fiscal years 2022 through 2031 to establish and operate the Institutes. | https://www.govinfo.gov/content/pkg/BILLS-117s1921is/xml/BILLS-117s1921is.xml |
117-s-1922 | II 117th CONGRESS 1st Session S. 1922 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Hickenlooper introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title II of the Child Abuse Prevention and Treatment Act.
1. Short title This Act may be cited as the Supporting Families Act . 2. Child Abuse Prevention and Treatment Act amendments (a) Purpose and authority of community-Based grants for the prevention of child abuse and neglect Section 201 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116 ) is amended— (1) in subsection (a), by amending paragraph (2) to read as follows: (2) to increase access to a continuum of community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, among diverse populations, in order to help families develop protective factors linked to the prevention of child abuse and neglect. ; and (2) in subsection (b)(1)— (A) by redesignating subparagraphs (A) through (H) as subparagraphs (B) through (I), respectively; and (B) in the matter preceding subparagraph (A), by striking (1) developing, operating, and all that follows through existing strengths that— and inserting the following: (1) providing community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect in order to help families build protective factors linked to the prevention of child abuse and neglect that— (A) are accessible, effective, culturally-responsive, and build upon existing strengths; . (b) Application Section 204 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116d ) is amended— (1) in paragraph (11), by striking ; and and inserting a semicolon; (2) in paragraph (12), by striking the period and inserting ; and ; and (3) by adding at the end the following: (13) a description of how the lead entity will use grant funds received under this title to provide community-based and prevention-focused programs and activities designed to strengthen and support families to prevent child abuse and neglect, in a manner that— (A) helps families build protective factors that are linked to the prevention of child abuse and neglect, including knowledge of parenting and child development, parental resilience, social connections, time-limited and need-based concrete support, and social and emotional development of children; (B) is trauma-informed, culturally-responsive, and takes into consideration the assets and needs of communities that the entity serves; and (C) promotes coordination between local programs, public agencies, and relevant private entities to develop and expand a continuum of primary preventive supports that promote child, parent, and family well-being, with a focus on increasing access to services for diverse populations. . (c) Local program requirements Section 205(a)(3)(A) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116e(a)(3)(A) ) is amended— (1) by redesignating clauses (ii) through (iv) as clauses (iii) through (v), respectively; and (2) by striking clause (i) and inserting the following: (i) parent support and education programs that build protective factors linked to the prevention of child abuse and neglect; (ii) mutual support and self help, and parent leadership services; . (d) Definitions Section 208 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116h ) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following: (3) Protective factors linked to the prevention of child abuse and neglect The term protective factors linked to the prevention of child abuse and neglect means evidence-based or evidence-informed factors that have been demonstrated to ensure that families are more likely to be healthy and strong and less likely to experience child abuse and neglect. Such factors include knowledge of parenting and child development, parental resilience, social connections, concrete supports in times of need, and support for the social and emotional development of children. . | https://www.govinfo.gov/content/pkg/BILLS-117s1922is/xml/BILLS-117s1922is.xml |
117-s-1923 | II 117th CONGRESS 1st Session S. 1923 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Cotton (for himself, Ms. Collins , Mrs. Gillibrand , and Mrs. Shaheen ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to provide to employees of the United States Government and their family members timely access to Walter Reed National Military Medical Center for medical assessment of anomalous health conditions.
1. Short title This Act may be cited as the Walter Reed Injury Recovery (WIRe) Act of 2021 . 2. Access by United States Government employees and their family members to certain facilities of Department of Defense for assessment and treatment of anomalous health conditions (a) Assessment The Secretary of Defense shall provide to employees of the United States Government and their family members who the Secretary determines are experiencing symptoms of certain anomalous health conditions, as defined by the Secretary for purposes of this section, timely access to Walter Reed National Military Medical Center for medical assessment. (b) Treatment With respect to an individual described in subsection (a) diagnosed with an anomalous health condition or a related affliction, whether diagnosed under an assessment under subsection (a) or otherwise, the Secretary shall furnish to the individual treatment for the injury or affliction, subject to space availability, at the National Intrepid Center of Excellence at Walter Reed National Military Medical Center. (c) Development of process The Secretary of Defense, in consultation with the heads of such Federal agencies as the Secretary considers appropriate, shall develop a process to ensure that employees from those agencies and their family members are afforded timely access to Walter Reed National Military Medical Center pursuant to subsection (a) by not later than 60 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1923is/xml/BILLS-117s1923is.xml |
117-s-1924 | II 117th CONGRESS 1st Session S. 1924 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Daines (for himself and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct the President to enforce the intellectual property provisions of the Economic and Trade Agreement Between the Government of the United States of America and the Government of China, and for other purposes.
1. Short title This Act may be cited as the Protecting IP Act of 2021 . 2. Agreement defined In this Act, the term Agreement means the Economic and Trade Agreement Between the Government of the United States of America and the Government of China, dated January 15, 2020. 3. Sense of Congress It is the sense of Congress that— (1) the Agreement includes significant mandates for the People's Republic of China related to its domestic intellectual property regime, including with respect to copyrights, trademarks, trade secrets, and patents; (2) the changes included in the Agreement, if implemented effectively, should improve the domestic intellectual property framework of the People's Republic of China, which has historically proven to harm the innovation and creative communities in the United States; (3) despite commitments made by the Government of the People's Republic of China under the Agreement, ongoing market access barriers, uneven enforcement, measures requiring forced technology transfer, and serious deficiencies in the rule of law continue to make the business environment in the People's Republic of China highly challenging for rights holders in the United States; (4) as reflected in the 2021 report by the United States Trade Representative required under section 182(h) of the Trade Act of 1974 ( 19 U.S.C. 2242(h) ) (commonly referred to as the Special 301 Report ), the People's Republic of China has consistently been listed in that annual report since 1989 as a trading partner of the United States that fails to provide adequate and effective IP protection and enforcement for U.S. inventors, creators, brands, manufacturers, and service providers, which, in turn, harm American workers ; and (5) Congress encourages the United States Trade Representative, the Attorney General, the Secretary of State, the Secretary of Homeland Security, the Secretary of Commerce, and the Director of the United States Patent and Trademark Office— (A) to use all available tools to ensure that the People's Republic of China fully implements its commitments under the Agreement; and (B) to actively consider additional means to require the People's Republic of China to address unfair market access barriers, forced technology transfer requirements, and broader intellectual property theft concerns, including through future trade agreements and working with partners in multilateral organizations, such as the Group of 7 (G7), the Group of 20 (G20), and the World Trade Organization. 4. Enforcement of intellectual property provisions of Economic and Trade Agreement Between the Government of the United States of America and the Government of China The President, acting through the United States Trade Representative, shall coordinate with the heads of such Federal agencies as the President considers appropriate to enforce the actions related to intellectual property laid out in the Agreement including— (1) the civil, administrative, and criminal procedures and deterrent-level civil and criminal penalties provided in the Agreement; and (2) by using the full enforcement authority of the President, including any enforcement authority in connection with the identification and reporting process under section 182 of the Trade Act of 1974 ( 19 U.S.C. 2242 ). 5. Report on status of implementation of certain obligations (a) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the United States Trade Representative shall submit to the appropriate committees of Congress a report on the status of the implementation by the People's Republic of China of its obligations under Chapter 1 of the Agreement. (b) Information in report Each report required by subsection (a) shall contain information sufficient to enable the appropriate committees of Congress to assess the extent of the compliance by the People's Republic of China with the Agreement, including appropriate quantitative metrics. (c) Appropriate committees of Congress defined In this section, the term appropriate committees of Congress means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. | https://www.govinfo.gov/content/pkg/BILLS-117s1924is/xml/BILLS-117s1924is.xml |
117-s-1925 | II 117th CONGRESS 1st Session S. 1925 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Warren (for herself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To support and fund the Federal procurement of clean energy products, and for other purposes.
1. Short title This Act may be cited as the Buy Green Act of 2021 . 2. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Transportation and Infrastructure of the House of Representatives; and (D) the Committee on Energy and Commerce of the House of Representatives. (2) Clean power The term clean power means power derived from a renewable energy source. (3) Covered product (A) In general The term covered product means— (i) energy— (I) used to power a facility; and (II) the production of which comes from a renewable energy source; and (ii) a product that— (I) is produced or manufactured— (aa) in the United States (including the territories of the United States); (bb) in accordance with all relevant energy efficiency, environmental preference, and safety designations; and (cc) by an entity that complies with the labor requirements under section 6; and (II) reduces energy usage during the lifecycle of the product by— (aa) minimizing energy, water, or material resources associated with the product; (bb) increasing opportunities for reuse and recycling due to the durability or repairability of the product; and (cc) improving environmental and human health impacts. (B) Inclusions The term covered product includes a product described in subparagraph (A)(ii) that— (i) is a zero-emission vehicle or a nonmotorized alternative mode of transportation; (ii) is a zero-emission form of public transportation, including high-speed rail; (iii) is a product or low-carbon material used to design, construct, or retrofit buildings, including a product bearing the Green Seal certification; (iv) improves the energy efficiency measures of facilities to make facilities environmentally responsible; (v) is a product used to maintain or clean buildings; (vi) is an appliance certified under the Energy Star program established under section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (vii) is an electronics product bearing the EPEAT certification; or (viii) is an energy-storage technology. (4) Covered small business The term covered small business means— (A) a small business concern owned and controlled by socially and economically disadvantaged individuals (as defined in section 8(d)(3)(C) of the Small Business Act ( 15 U.S.C. 637(d)(3)(C) )); (B) a small business concern owned and controlled by women (as defined in section 3 of that Act ( 15 U.S.C. 632 )); and (C) a small business concern owned and controlled by veterans (as defined in section 3 of that Act ( 15 U.S.C. 632 )). (5) Eligible material The term eligible material means a material for which the Secretary establishes a maximum global warming potential under section 4(b). (6) Environmentally responsible The term environmentally responsible , with respect to a facility or manufacturing capability, means that— (A) the facility or manufacturing capability is in compliance with, or carried out in accordance with, as applicable, all relevant energy efficiency, environmental preference, and safety designations; and (B) in the case of a facility, the facility is built or retrofitted with materials that minimize the use of— (i) energy; (ii) water; and (iii) material resources that produce pollutants or toxins, as determined by the Secretary. (7) Federal building The term Federal building has the meaning given the term in section 551 of the National Energy Conservation Policy Act ( 42 U.S.C. 8259 ). (8) Frontline, vulnerable, and disadvantaged community The term frontline, vulnerable, and disadvantaged community means a community— (A) in an area described in section 301(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3161(a) ); and (B) in which climate change, pollution, or environmental destruction have exacerbated systemic racial, regional, social, environmental, gender, and economic injustices by disproportionately affecting Black, Brown, and Indigenous peoples, other communities of color, migrant communities, deindustrialized communities, depopulated rural communities, the poor, low-income workers, women, the elderly, the unhoused, people with disabilities, or youth. (9) Fund The term Fund means the Clean Energy Fund established under section 3(a). (10) Global warming potential The term global warming potential , with respect to an eligible material, means a measure that indicates how much energy the emissions of 1 ton of gases associated with the life cycle of that eligible material, including the manufacture, use, and disposal of that eligible material, will absorb, on average, over a given period of time, relative to the emissions of 1 ton of carbon dioxide. (11) Oversight Advisory Board The term Oversight Advisory Board means the Green Procurement Oversight Advisory Board established under section 7. (12) Renewable energy source The term renewable energy source means energy generated from a renewable source, including the following renewable energy sources: (A) Solar, including electricity. (B) Wind. (C) Ocean, including tidal, wave, current, and thermal. (D) Geothermal, including electricity and heat pumps. (E) Hydroelectric generation capacity achieved from increased efficiency or additions of new capacity at an existing hydroelectric project that was placed in service on or after January 1, 1999. (F) Hydrogen derived from a renewable source of energy. (G) Thermal energy generated by any of the sources described in subparagraphs (A) through (F). (13) Secretary The term Secretary means the Secretary of Energy. (14) Small business The term small business has the meaning given the term small business concern in section 3 of the Small Business Act ( 15 U.S.C. 632 ). 3. Clean Energy Fund (a) In general Not later than January 1, 2023, the Secretary shall establish a fund in the Department of Energy, to be known as the Clean Energy Fund . (b) Use of Fund (1) In general The Secretary shall— (A) use amounts in the Fund— (i) to purchase covered products for use by the Secretary, including covered products relating to information technology and general supplies and services, in accordance with subsection (g) and section 5; (ii) to establish and carry out the grant programs under subsections (c) and (d); and (iii) to carry out the Federal building activities described in subsection (e); and (B) transfer amounts from the Fund— (i) to 1 or more Federal agencies (excluding the Department of Defense)— (I) to purchase covered products for use by the Federal agency, in accordance with subsection (g) and section 5; and (II) to carry out the Federal building activities described in subsection (e); and (ii) to the Administrator of General Services to carry out subsection (f). (2) Purchases from small businesses Of the amounts from the Fund made available to a Federal agency in a fiscal year, the head of the Federal agency shall ensure that not less than 20 percent is used to purchase covered products from small businesses and covered small businesses. (c) State, Tribal, and local government grant program (1) In general Not later than January 1, 2023, the Secretary, in coordination with the Secretary of the Treasury, shall establish a green procurement grant program under which the Secretary shall provide grants on a competitive basis to States, Indian Tribes, and units of local government to purchase covered products for use by the State, Indian Tribe, or unit of local government, as applicable, in accordance with subsection (g), section 5, and the labor requirements under section 6. (2) Selection of grant recipients The Secretary shall— (A) share with the Oversight Advisory Board applications received under the grant program established under paragraph (1); and (B) in coordination with the Secretary of the Treasury, select grant recipients under that program after receiving the recommendations of the Oversight Advisory Board relating to grant recipients. (3) Distribution of grants Of the amounts available in the Fund in a fiscal year to carry out the program under paragraph (1), the Secretary shall ensure that— (A) not less than 60 percent but not more than 65 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in urban areas located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; (B) not less than 40 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products for use in frontline, vulnerable, and disadvantaged communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable; and (C) not less than 20 percent of the amount of a grant awarded to a State, Indian Tribe, or unit of local government shall be used to purchase covered products from small businesses and covered small businesses. (4) Priority for school bus electrification In providing grants under paragraph (1), the Secretary shall give priority to States, Indian Tribes, and units of local government that will use the grant for the electrification of school buses in frontline, vulnerable, and disadvantaged communities and subsequently in all other communities located in or under the jurisdiction of the State, Indian Tribe, or unit of local government, as applicable. (5) Duration of grant Funds provided under a grant under paragraph (1) shall be available to the State, Indian Tribe, or unit of local government receiving the grant for not less than 3 years after the date on which the funds are provided. (d) Industry grants (1) Definitions In this subsection: (A) Eligible entity (i) In general The term eligible entity means a company that— (I) is organized under the laws of the United States or any jurisdiction within the United States; or (II) is otherwise subject to the jurisdiction of the United States. (ii) Exclusion The term eligible entity does not include a foreign branch of a company described in clause (i). (B) Greenhouse gas emissions The term greenhouse gas emissions means emissions of any of the following gases: (i) Carbon dioxide. (ii) Methane. (iii) Nitrous oxide. (iv) Hydrofluorocarbons. (v) Perfluorocarbons. (vi) Sulfur hexafluoride. (vii) Nitrogen trifluoride. (2) Establishment Not later than January 1, 2022, the Secretary shall establish a program under which the Secretary shall provide grants, on a competitive basis, to eligible entities— (A) to retrofit or otherwise upgrade facilities that produce covered products, including to make those facilities environmentally responsible; and (B) for the development of environmentally responsible manufacturing capabilities to bolster the production of covered products, including by— (i) constructing new environmentally responsible facilities in the United States for the production of covered products; and (ii) retrofitting or otherwise upgrading existing facilities in the United States— (I) to produce covered products; and (II) to make those facilities environmentally responsible. (3) Selection of grant recipients In providing grants under paragraph (2), the Secretary shall— (A) share grant applications with the Oversight Advisory Board; (B) select grant recipients after receiving the recommendations of the Oversight Advisory Board relating to grant recipients; (C) consider— (i) any labor, health or safety, or discrimination charges filed against the eligible entity in the preceding 2 years; (ii) any violations of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) reported to the National Labor Relations Board in the preceding 2 years; (iii) as applicable, whether wages and benefits for auto workers are not less than the industry standards for wages and benefits for auto workers who are represented by a labor organization; (iv) whether jobs created for purposes of activities supported through the grant will be permanent positions, rather than temporary or contingent positions; (v) whether training required under the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq. ) will be provided for employees, including any safety supervisors; (vi) the policy of the eligible entity with respect to coverage of workers’ compensation; and (vii) whether the work sites that will be used for activities supported through the grant have independent health and safety monitoring policies; and (D) prioritize applications that specify that the eligible entity— (i) participates or will participate in a registered apprenticeship program; or (ii) prioritizes the employment of individuals trained and certified by labor organizations, or joint labor-management organizations, that promote a skilled workforce with high standards for quality and safety. (4) Requirement An eligible entity receiving a grant under paragraph (2) shall comply with the labor requirements under section 6 with respect to the activities carried out using, or otherwise supported by, the grant. (5) Submission of environmental product declaration The Secretary shall require each eligible entity to which the Secretary awards a grant under paragraph (2) to submit to the Secretary, for each eligible material proposed to be used in the applicable project— (A) a current facility-specific Environmental Product Declaration, Type III (as defined by the International Organization for Standardization standard 14025); or (B) a declaration made under a similarly robust life cycle assessment method that has— (i) uniform standards in data collection consistent with that standard; (ii) industry acceptance; and (iii) integrity. (6) Certifications The Secretary shall require that any application for a grant under paragraph (2) shall include a certification that the facility-specific global warming potential for any eligible material proposed to be used in that project does not exceed the maximum acceptable global warming potential established under paragraph (1) of section 4(b) (as adjusted under paragraph (2)(A)(ii) of that section, if applicable) for that eligible material. (7) Goal In carrying out this subsection, the Secretary shall strive to achieve a continuous reduction of greenhouse gas emissions over time. (8) Purchases from small businesses Of the amounts made available under subsection (j) in a fiscal year to carry out the grant program established under paragraph (2), the Secretary shall ensure that not less than 20 percent is used to provide grants under that program to eligible entities that are small businesses or covered small businesses. (9) Report on implementation and effectiveness Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report describing— (A) any obstacles to the implementation of the grant program established under this subsection; (B) the effectiveness of the grant program in reducing— (i) greenhouse gas emissions; and (ii) the global warming potential for eligible materials; and (C) the effectiveness of the grant program in— (i) creating and maintaining jobs in the United States that comply with the labor requirements under section 6; and (ii) protecting the rights of workers in the United States, including the right of certain workers to organize and bargain collectively. (e) Federal building activities The Federal building activities referred to in subsection (b) are, with respect to a Federal agency, activities— (1) to construct new, modern Federal buildings of that Federal agency, including new hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, that are sustainable and resilient, including through the purchase of low-carbon materials for that construction; and (2) to modernize, and improve the sustainability and resilience of, Federal buildings of that Federal agency, including hospitals, medical centers, and clinics in the case of the Department of Veterans Affairs, including through— (A) the purchase of low-carbon materials for retrofitting, remodeling, or otherwise improving Federal buildings; and (B) the purchase of clean power for Federal buildings. (f) Replacement of Federal fleet Using amounts from the Fund, the Administrator of General Services shall purchase zero-emission vehicles to replace the existing Federal fleet (as defined by the term fleet in section 301 of the Energy Policy Act of 1992 ( 42 U.S.C. 13211 )) so that by the end of fiscal year 2030 the entire Federal fleet consists of zero-emission vehicles. (g) Priority for purchasing covered products A Federal agency, State, Indian Tribe, or unit of local government purchasing covered products pursuant to this section shall give priority to purchasing covered products that— (1) are made from renewable and recycled resources (including biobased products); (2) have lower lifecycle emissions than comparable products; and (3) are designed for— (A) reducing environmental impacts; and (B) recycling. (h) Buy American (1) In general Chapter 83 of title 41, United States Code, shall apply with respect to purchases of covered products made pursuant to this section— (A) by a Federal agency; and (B) in the case of purchases by a non-Federal entity, in the same manner in which that chapter applies to the Federal Government. (2) Exceptions and waivers The Secretary shall, to the maximum extent practicable, minimize the number of exceptions and waivers granted under chapter 83 of title 41, United States Code, with respect to purchases of covered products made pursuant to this section. (i) Report Not less frequently than once each fiscal year, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that— (1) describes the activities carried out using amounts in the Fund, including data on the clean power purchased under subsection (e)(2)(B); (2) includes data on the covered products purchased pursuant to those activities; and (3) includes data on compliance with subsection (h). (j) Authorization of appropriations There is authorized to be appropriated to the Fund $1,500,000,000,000 for the period of fiscal years 2022 through 2031, to remain available until January 1, 2042, of which not less than— (1) $750,000,000,000 shall be used to carry out the grant program established under subsection (c); and (2) $250,000,000,000 shall be used to carry out the grant program established under subsection (d). 4. Department of Energy (a) Senior procurement officer The Secretary shall— (1) be designated as the senior procurement officer for the Department of Energy; and (2) coordinate with the Director of the Office of Management and Budget in carrying out procurement for the Department of Energy. (b) Maximum acceptable global warming potential of eligible materials (1) Establishment (A) In general Not later than January 1, 2022, the Secretary shall establish, and publish in the Federal Register— (i) an initial list of materials for which the Secretary shall establish a maximum acceptable global warming potential under this subsection; and (ii) the maximum acceptable global warming potential for each material identified on that list, as determined in accordance with subparagraph (B). (B) Requirements (i) Industry average (I) In general The maximum acceptable global warming potential for an eligible material under subparagraph (A) shall be expressed as a number that is equal to the industry average of facility-specific global warming potential emissions for that eligible material, as determined under subclause (II). (II) Determination The Secretary shall determine the industry average described in subclause (I) for an eligible material by consulting nationally or internationally recognized databases of environmental product declarations. (ii) Consistency with environmental product declaration Each maximum acceptable global warming potential established under subparagraph (A) shall be established in a manner that is consistent with the requirements of an environmental product declaration. (C) Report Not later than January 1, 2023, the Secretary shall submit to the appropriate committees of Congress and the Oversight Advisory Board a report that describes the method that the Secretary used to develop the maximum global warming potential for each eligible material under subparagraph (A). (2) Review and adjustment (A) In general Not later than January 1, 2026, and every 3 years thereafter through 2042, the Secretary— (i) shall review the maximum acceptable global warming potential established under paragraph (1) for each eligible material; and (ii) may adjust that maximum acceptable global warming potential for an eligible material downward to reflect industry improvements if the Secretary, based on the process described in paragraph (1)(B)(i)(II), determines that the industry average has changed. (B) Publication If the Secretary adjusts the maximum acceptable global warming potential of an eligible material downward under subparagraph (A)(ii), the Secretary shall publish the updated maximum global warming potential in the Federal Register. (C) Prohibition After establishing the maximum acceptable global warming potential for an eligible material under paragraph (1), the Secretary may not adjust that maximum acceptable global warming potential upward. 5. Requirements for procurement of covered products An entity procuring a covered product pursuant to this Act shall ensure that the procurement— (1) is conducted in compliance with all applicable laws regarding fair and open competition in contracting; (2) is subject to appropriate cost controls; (3) provides for whistleblower protections for employees of contractors and subcontractors; (4) requires contractors and subcontractors to retain records pertinent to contract performance; (5) requires contractors to submit to the entity audited financial statements covering the contract performance period; and (6) is conducted in compliance with section 552 of title 5, United States Code (commonly known as the Freedom of Information Act ) and other applicable open records laws. 6. Labor requirements (a) Definitions In this section: (1) Covered activities The term covered activities means— (A) with respect to a covered entity described in subparagraph (A) of paragraph (2), activities involving producing or manufacturing a covered product; or (B) with respect to a covered entity described in subparagraph (B) of such paragraph, activities supported by the grant. (2) Covered entity The term covered entity means— (A) an entity producing or manufacturing a product as described in section 2(3)(A)(ii)(I)(cc); or (B) an entity receiving a grant under this Act. (b) Requirements The labor requirements under this section with respect to a covered entity are each of the following: (1) Minimum wage (A) In general The covered entity shall ensure that all employees of the covered entity, and of any contractor or subcontractor of the covered entity with respect to the covered activities, who are engaged in the covered activities shall be paid at a rate of not less than— (i) $15.00 an hour, beginning on the date of enactment of this Act; and (ii) beginning on the date that is 1 year after such date of enactment, and annually thereafter, the greater of— (I) the amount in effect under this subparagraph for the preceding year, increased by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics and rounded up to the nearest multiple of $0.05; or (II) 10 percent more than the minimum wage applicable under section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ). (B) Calculation In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii)(I), the Secretary of Labor, through the Bureau of Labor Statistics, shall— (i) compile data on the hourly wages of all employees to determine such a median hourly wage; and (ii) compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year. (C) Requirements applicable to construction Notwithstanding any other requirement in this section, all laborers and mechanics employed by contractors or subcontractors in the performance of construction, alteration, or repair work assisted, in whole or in part, with a grant under this Act shall be paid wages at rates not less than those prevailing on similar construction, alteration, or repair work in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code. The Secretary of Labor shall have, with respect to such labor standards, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States Code. (D) Requirements applicable to vehicle production (i) Definitions In this subparagraph: (I) Covered production worker The term covered production worker means a worker who— (aa) is employed by an establishment in the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System); (bb) is directly involved in the production of a vehicle; and (cc) is not a manager, engineer, or involved in research and development, or does not have a skilled trade. (II) Industry standard wage rate The term industry standard wage rate , with respect to covered production workers, means the median wage rate for all covered production workers, as determined by the Secretary of Labor in accordance with clause (iv). (III) Top earning wage rate The term top earning wage rate means the value of the wage rate for which 75 percent of covered production workers earn less, as determined by the Secretary of Labor in accordance with clause (iv). (ii) Minimum wage rate Notwithstanding any other requirement in this section, the covered entity shall ensure that— (I) the average rate of pay for all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities is not less than the industry standard wage rate for covered production workers; and (II) all covered production workers described in subclause (I) are paid not less than the rate in effect under subparagraph (A). (iii) Pathway to top earning wage rate The covered entity shall ensure that all covered production workers employed, directly by a manufacturer or through a subcontractor or employment services agency, in the performance of covered activities, are covered by a policy determined in a labor organization contract or a written company policy that provides, to the extent practicable, a pathway for such workers to earn the top earning wage rate not later than 7 years after beginning such employment. (iv) Determining wages of workers in the industry For purposes of this subparagraph, in determining for a year the industry standard wage rate and the top earning wage rate, the Secretary of Labor shall use the National Industry-Specific Occupational Employment and Wage Estimates, for the preceding year, for the Motor Vehicle Manufacturing industry (Code 3361 of the North American Industry Classification System) for the occupation of Assemblers and Fabricators (Occupational Code 51–2000 of the Occupational Employment Statistics of the Bureau of Labor Statistics). (2) Neutrality toward organized labor The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities, have— (A) an explicit policy of neutrality with regard to— (i) labor organizing for the employees engaged in the covered activities; and (ii) such employees' choice to form and join labor organizations; and (B) policies that require— (i) the posting and maintenance of notices in the workplace to such employees of their rights under the National Labor Relations Act ( 29 U.S.C. 151 et seq. ); and (ii) that such employees are, at the beginning of their employment, provided notice and information regarding the employees' rights under such Act. (3) Paid family and medical leave The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy providing all employees engaged in the covered activities not less than 12 workweeks of paid leave in a 12-month period for any purpose described in section 102(a)(1) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a)(1) ), in accordance with regulations promulgated by the Secretary of Labor. (4) Fair scheduling (A) In general The covered entity shall have, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities have, an explicit policy for fair scheduling for employees engaged in the covered activities, which shall include— (i) an opportunity for the employee to request— (I) an adjustment in the number of hours, work location, or times of the employee's work schedule; (II) a change in the amount of notification provided to the employee regarding the work schedule; or (III) the minimizing of fluctuations in the number of hours the employee is scheduled to work on a daily, weekly, or monthly basis; and (ii) a timely, good faith interactive process through which the covered entity, or contractor or subcontractor, and employee discuss the employee's request under clause (i) and the covered entity, or contractor or subcontractor, grants the request or suggests any alternatives that might meet the employee's needs. (B) Exception Subparagraph (A) shall not apply to any employee covered by a valid collective bargaining agreement if— (i) the terms of the collective bargaining agreement include terms that govern work scheduling practices; and (ii) the provisions of this paragraph are expressly waived in such collective bargaining agreement. (5) Preference for local hiring The covered entity shall have, and ensure that all contractors and subcontractors with respect to the covered activities have, explicit policies that provide a preference for local hiring for individuals engaged in the covered activities, consistent with applicable Federal law and subject to rules issued by the Secretary of Labor. (6) Employee classification The covered entity shall consider, and ensure that all contractors and subcontractors of the covered entity with respect to the covered activities consider, an individual performing any service for remuneration for the covered entity, or contractor or subcontractor, in the performance of the covered activities as an employee (and not an independent contractor) of the covered entity, or contractor or subcontractor, unless— (A) the individual is free from control and direction in connection with the performance of the service, both under the contract for the performance of the service and in fact; (B) the service is performed outside the usual course of the business of the covered entity or the contractor or subcontractor; and (C) the individual is customarily engaged in an independently established trade, occupation, profession, or business of the same nature as that involved in such service. 7. Green Procurement Oversight Advisory Board (a) In general There is established a Green Procurement Oversight Advisory Board within the Department of Energy. (b) Coordination The Oversight Advisory Board shall carry out its activities in coordination with the Office of Federal Sustainability and the Office of Management and Budget. (c) Membership The members of the Oversight Advisory Board shall— (1) be appointed by the Secretary of Energy; and (2) consist of— (A) experts on procurement and clean energy, including scientists, from Federal and State agencies; (B) 1 or more representatives from— (i) each of— (I) the Office of Science and Technology Policy; (II) the General Services Administration; and (III) the Council on Environmental Quality; (ii) environmental justice organizations; and (iii) unionized labor groups; and (C) chief financial officers of private companies. (d) Functions The Oversight Advisory Board shall— (1) oversee the procurement of covered products by Federal agencies pursuant to this Act, including to ensure that procurement of those products is carried out— (A) efficiently and in accordance with relevant contracting and labor laws, including open competition requirements; (B) in compliance with relevant conflict of interest requirements; (C) in a manner that— (i) promotes open competition; and (ii) prevents frauds; and (D) by Federal agency personnel sufficiently trained to ensure responsible procurement practices pursuant to this Act and the goals of this Act; (2) offer recommendations relating to the selection of recipients of grants under the grant programs established under this Act, with the goal of ensuring that grant recipients will use the grant funds— (A) efficiently and in accordance with relevant contracting and labor laws, including open competition requirements; (B) in compliance with relevant conflict of interest requirements; (C) in a manner that— (i) promotes open competition; and (ii) prevents frauds; and (D) by personnel sufficiently trained to ensure responsible procurement practices pursuant to this Act and the goals of this Act; and (3) submit an annual report to the Comptroller General of the United States, Congress, and the President describing— (A) the procurement of covered products by Federal agencies pursuant to this Act; and (B) the recommendations made by the Oversight Advisory Board under paragraph (2). (e) Authorities The Oversight Advisory Board— (1) shall have the authority to issue subpoenas; and (2) may refer parties that engage in fraud in connection with a procurement contract entered into by a Federal agency pursuant to this Act to the appropriate Federal law enforcement authority. (f) Treatment as advisory committee The Oversight Advisory Board is an advisory committee (as defined in section 3 of the Federal Advisory Committee Act (5 U.S.C. App.)). 8. Oversight by Comptroller General The Comptroller General of the United States shall— (1) conduct oversight of the funds appropriated under this Act to ensure transparency and compliance with all applicable requirements; and (2) shall make publicly available an annual report that— (A) evaluates the efficacy of the programs established under this Act; and (B) makes recommendations for any improvements to those programs. | https://www.govinfo.gov/content/pkg/BILLS-117s1925is/xml/BILLS-117s1925is.xml |
117-s-1926 | II 117th CONGRESS 1st Session S. 1926 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Van Hollen introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a Federal Capital Revolving Fund to assist Federal agencies in purchasing capital assets, and for other purposes.
1. Short title This Act may be cited as the Federal Capital Revolving Fund Act of 2021 . 2. Findings; purpose (a) Findings Congress finds that— (1) sudden increases in funding for purchases of federally owned capital assets are difficult to fit within funding available under discretionary spending limits; (2) failure to recapitalize or replace Federal capital assets on a regular schedule ultimately increases the cost to taxpayers of delivering services; (3) in appendix J, entitled Principles of Budgeting for Capital Asset Acquisitions , of Circular A–11, the Office of Management and Budget recommended combining assets in capital acquisition accounts to accommodate spikes in funding capital acquisitions; (4) in the document entitled Budgeting for Federal Investment and dated April 15, 2021, the Congressional Budget Office states that there is, a budgetary incentive to opt for short-term leases even if they are more expensive than long-term leases or purchases, and identifies a Federal Capital Revolving Fund as a potential solution; and (5) the document of the Government Accountability Office numbered GAO–14–239 found that budgeting for federally owned capital assets could be improved by creating a Government-wide capital acquisition fund with upfront mandatory funding— (A) to pay for projects estimated to exceed a certain total-cost threshold; and (B) to be repaid by annual discretionary funding provided by agency subcommittee appropriators. (b) Purpose The purpose of this Act is to improve the means by which the Federal Government budgets for expensive, federally owned, civilian facilities by— (1) establishing a mandatory revolving fund to pay the upfront costs of acquiring those facilities in a manner that ensures that the acquisition costs do not compete with smaller purchases and operating expenses for funding under applicable discretionary spending limits; and (2) requiring agencies to use discretionary appropriations to replenish the revolving fund referred to in paragraph (1) over a several-year period as the agencies use the facilities described in that paragraph to meet Federal mission needs. 3. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of General Services. (2) Agency (A) In general The term agency means any agency included in a list under paragraph (1) or (2) of section 901(b) of title 31, United States Code. (B) Exclusion The term agency does not include the Department of Defense. (3) Discretionary appropriations The term discretionary appropriations has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ). (4) Eligible agency project (A) In general The term eligible agency project means an action by an agency— (i) to acquire (including any related activity relating to siting, design, management and inspection, construction, or commissioning, and including all costs associated with temporary space and the acquisition of associated furniture, fixtures, and equipment necessary to furnish the Federal facility for initial occupancy) a facility for use by the agency as a Federal facility, through— (I) purchase; (II) construction; (III) manufacture; (IV) lease-purchase; (V) installment purchase; (VI) outlease-leaseback; (VII) exchange; or (VIII) modernization by renovation; (ii) to pay to the Administrator an administrative fee for each acquisition described in clause (i), in accordance with section 5(h); and (iii) the total cost of which is not less than $250,000,000. (B) Exclusions The term eligible agency project does not include— (i) an acquisition for resale in the ordinary course of agency operations; (ii) the acquisition of any consumable good, such as operating materials or supplies; (iii) an activity for normal maintenance or repair of real property; (iv) the payment of any salary or other operating expense of an agency; (v) the provision by an agency to any non-Federal individual or entity of— (I) a grant; (II) a tax incentive; or (III) a Federal credit assistance instrument; or (vi) the execution of any capital lease pursuant to which title does not automatically pass to the Federal Government. (5) Federal facility The term Federal facility means a structure on real property— (A) that has a useful life of not less than 25 years, as determined by the Administrator; and (B) within which 1 or more Federal employees or personnel carry out, or are proposed to carry out, an agency mission. (6) Fund The term Fund means the Federal Capital Revolving Fund established by section 4(a). (7) GSA-affected agency The term GSA-affected agency means an agency that acquires real property through the General Services Administration pursuant to section 3307 of title 40, United States Code. (8) Purchase transfer The term purchase transfer means an amount that is— (A) approved by an appropriations Act to be transferred from the Fund to a purchasing agency under section 5; and (B) not less than the amount required under section 5(d). (9) Purchasing agency The term purchasing agency means an agency that receives from the Fund a purchase transfer to pay the cost of an eligible agency project. 4. Federal Capital Revolving Fund (a) Establishment There is established in the Treasury of the United States a fund, to be known as the Federal Capital Revolving Fund , consisting of the amounts deposited under subsection (b), to be administered by the Administrator. (b) Deposits The Secretary of the Treasury shall deposit in the Fund— (1) as soon as practicable after the date of enactment of this Act, out of any funds in the Treasury not otherwise appropriated, $10,000,000,000 to capitalize the Fund; and (2) any amounts received from purchasing agencies through repayments under section 6. (c) Availability Amounts in the Fund shall— (1) be used only for the purpose described in subsection (d)(1); and (2) remain available until expended. (d) Use of Fund Amounts in the Fund— (1) shall be available only on approval of a purchase transfer to a purchasing agency to pay the costs of an eligible agency project, in accordance with this Act; and (2) may not be transferred or reprogrammed for any purpose other than the purpose specified in paragraph (1). 5. Purchase transfers (a) Definitions In this section: (1) Applicable committee of jurisdiction The term applicable committee of jurisdiction , with respect to an unaffected agency, means— (A) the Committee on Appropriations of the Senate; (B) the Committee on Appropriations of the House of Representatives; and (C) any other committee of the Senate or the House of Representatives, the approval of which is required for the unaffected agency to acquire real property. (2) Unaffected agency The term unaffected agency means an agency that acquires real property pursuant to an authority other than the General Services Administration. (b) Requests (1) GSA-affected agencies To be eligible to receive a purchase transfer from the Fund, a GSA-affected agency shall submit to the Administrator, the Committees on Appropriations and Environment and Public Works of the Senate, and the Committees on Appropriations and Transportation and Infrastructure of the House of Representatives a request that describes— (A) the eligible agency project proposed to be carried out by the GSA-affected agency using the purchase transfer; and (B) with respect to the eligible agency project described in subparagraph (A)— (i) each Federal facility proposed to be included; (ii) an estimated total cost; and (iii) a proposed schedule. (2) Unaffected agencies To be eligible to receive a purchase transfer from the Fund, an unaffected agency shall submit to each applicable committee of jurisdiction a request that describes— (A) the eligible agency project proposed to be carried out by the unaffected agency using the purchase transfer; and (B) with respect to the eligible agency project described in subparagraph (A)— (i) each Federal facility proposed to be included; (ii) an estimated total cost; and (iii) a proposed schedule. (c) Approval (1) Notice for GSA-affected agencies On approval by the Administrator of a request submitted by a GSA-affected agency under subsection (b)(1), the Administrator shall submit to Congress a notice of the approval in accordance with subsections (b) and (h) of section 3307 of title 40, United States Code. (2) Congress On receipt of a request for a purchase transfer from the Fund and the notice of approval by the Administrator for GSA-affected agencies required under paragraph (1), Congress may enact legislation— (A) approving the applicable eligible agency project and the purchase transfer, subject to— (i) for a request of a GSA-affected agency, subsections (c) and (d) of section 3307 of title 40, United States Code; or (ii) for a request of an unaffected agency, any applicable laws (including regulations); and (B) appropriating an amount equal to the first repayment amount relating to the approved eligible agency project. (3) Administrator The Administrator may transfer amounts in the Fund to an agency only if— (A) Congress has enacted legislation pursuant to paragraph (2)(A) approving— (i) the eligible agency project of the agency; and (ii) the purchase transfer; and (B) the agency has— (i) received appropriations pursuant to section 6(e) for the first repayment amount; and (ii) made the first repayment to the Fund in accordance with section 6. (4) Secretary of Treasury The Secretary of the Treasury, in consultation with the Director of the Office of Management and Budget and the head of the applicable purchasing agency, may establish within that purchasing agency new accounts for the purpose of facilitating budgetary and financial reporting of the transactions authorized by this Act. (d) Amount The total amount of a purchase transfer shall be not less than an amount equal to the sum of— (1) the full cost of the relevant eligible agency project, which shall be not less than a useful segment of the applicable Federal facility; and (2) the administrative fee required to be paid by the relevant purchasing agency under subsection (h), as determined by the Administrator. (e) Availability (1) In general Subject to paragraph (2), a purchase transfer to a purchasing agency— (A) shall remain available until expended; (B) shall be used solely to pay the costs of an eligible agency project; and (C) may not be transferred or reprogrammed for any other purpose. (2) Return of unused amounts Any portion of a purchase transfer that is not necessary to pay for the total cost of an eligible agency project shall be returned to the Fund, as follows: (A) Timing Any unobligated purchase transfer amounts shall be returned to the Fund— (i) after the relevant eligible agency project is substantially complete, as determined by the applicable purchasing agency; and (ii) by not later than 2 years after the date on which the most recent outlay of funds from the purchase transfer by the purchasing agency occurred. (B) Upward adjustments If, after the return of unused purchase transfer amounts under subparagraph (A), there occurs an upward adjustment to a previously incurred obligation for the eligible agency project, the Fund shall provide to the applicable purchasing agency an expenditure transfer for the upward adjustment in an amount equal to the lower of— (i) the amount returned under subparagraph (A); and (ii) the amount of the upward adjustment to the previously incurred obligation. (f) Limitations (1) Availability of amounts Notwithstanding any appropriations Act making amounts available for a purchase transfer under this section, if the amount made available to the applicable purchasing agency for the first repayment amount relating to the purchase transfer is less than the amount required by section 6(b) for the fiscal year, the amount transferred from the Fund to the purchasing agency shall be equal to the product obtained by multiplying— (A) that first repayment amount; and (B) the number of years in the applicable repayment period under section 6(c). (2) Annual maximum The total amount appropriated for a fiscal year for new purchase transfers under this section shall be not more than an amount equal to the sum of— (A) $2,500,000,000; and (B) the total amount, if any, by which the amounts appropriated for purchase transfers during any preceding fiscal years were less than the amount described in subparagraph (A). (3) Higher project costs If the amount appropriated from the Fund for a purchase transfer under this section is insufficient to pay the full costs of the eligible agency project that is the subject of the purchase transfer, an amount in excess of the appropriated amount may be transferred from the Fund to the applicable purchasing agency only if— (A) the additional transfer is approved in advance by an appropriations Act; and (B) the purchasing agency has— (i) received an appropriation of an additional amount for the adjustment to the repayment amount under section 6(b)(2); and (ii) repaid to the Fund that additional repayment amount. (4) Effect of section Nothing in this section requires any unaffected agency to receive approval from the Administrator, or to achieve compliance with section 3307 of title 40, United States Code, before acquiring real property pursuant to an existing authority of the unaffected agency for purposes of this Act. (g) Excess purchase transfer amounts In any fiscal year during which the total amount of purchase transfers approved to be appropriated from the Fund exceeds an amount equal to the lesser of the amount available in the Fund and the annual limitation described in subsection (f)(2) for that fiscal year— (1) each purchase transfer approved by an appropriations Act for the fiscal year shall be reduced by a uniform percentage, to be calculated by the Administrator in a manner that ensures that the excess is eliminated; and (2) the Administrator may not transfer from the Fund an amount equal to more than the reduced purchase transfer amount calculated under paragraph (1). (h) Administrative fee On receipt of a purchase transfer, a purchasing agency shall pay to the Administrator from the purchase transfer a 1-time administrative fee in an amount equal to not less than 0.03 percent of the total cost of the eligible agency project that is the subject of the purchase transfer. 6. Repayments to Fund (a) Agreement required As a condition of receiving a purchase transfer from the Fund, a purchasing agency shall enter into a written agreement with the Administrator under which the purchasing agency shall agree to make annual repayments to the Fund in accordance with this section. (b) Amount (1) In general Subject to paragraph (2), the amount of an annual repayment to the Fund by a purchasing agency under this section shall be an amount equal to the quotient obtained by dividing— (A) the amount of the purchase transfer provided to the purchasing agency; by (B) the number of years in the repayment period, as determined under subsection (c). (2) Adjustment (A) In general In any case described in subparagraph (B), after a purchasing agency repays to the Fund the applicable repayment amount, the Administrator shall adjust the repayment amount owed by the purchasing agency for each fiscal year thereafter by such uniform amount as the Administrator determines to be necessary to ensure that the sum of all repayments (including any repayments already paid to the Fund) by the purchasing agency is equal to the actual cost of the eligible agency project of the purchasing agency. (B) Description A case referred to in subparagraph (A) is any case in which— (i) the actual cost of the eligible agency project of the purchasing agency is less than the purchase transfer to the purchasing agency; (ii) (I) the actual cost of the eligible agency project of the purchasing agency is greater than the purchase transfer to the purchasing agency; and (II) an additional purchase transfer in an amount equal to the amount of the difference has been approved in advance in an appropriations Act; (iii) the total amount of repayments by the purchasing agency exceeds the annual repayment amount described in paragraph (1); or (iv) the amount of the purchase transfer is reduced under section 5(g). (c) Repayment period The period over which a purchasing agency shall repay to the Fund the amount described in subsection (b) shall be— (1) such period as may be agreed to by the purchasing agency and the Administrator; but (2) not longer than 15 years, beginning in the fiscal year for which the first repayment amount is appropriated to the purchasing agency pursuant to subsection (e)(1). (d) Frequency Repayments shall be made under this section not less frequently than annually during the period described in subsection (c). (e) Authorization of appropriations (1) In general There are authorized to be appropriated to each purchasing agency such sums as are necessary for the repayments owed by the purchasing agency to the Fund under this section for each fiscal year during the period— (A) beginning in the first fiscal year during which amounts are transferred from the Fund to the purchasing agency under section 5(c)(3); and (B) ending on the last day of the repayment period determined for the purchasing agency under subsection (c). (2) Treatment The receipt by a purchasing agency of amounts made available pursuant to paragraph (1) for a fiscal year shall be considered to be a legal obligation of the purchasing agency during that fiscal year to make a repayment to the Fund in accordance with this section. 7. Treatment of eligible agency projects and Federal facilities (a) Disposition (1) In general Disposition of an eligible agency project and any Federal facility that is the subject of an eligible agency project shall be carried out in accordance with— (A) applicable laws (including regulations); and (B) this subsection. (2) Outstanding repayment obligations If the disposition of an eligible agency project or Federal facility described in paragraph (1) occurs before the applicable purchasing agency has completed the obligation of the purchasing agency to make any repayment to the Fund under section 6, the purchasing agency shall continue to make the required repayments until the date on which the Fund is fully repaid, subject to the availability of appropriations. (3) Use of proceeds (A) In general If the disposition of an eligible agency project or Federal facility described in paragraph (1) results in the receipt of sale proceeds, those proceeds shall be available— (i) initially, to the applicable purchasing agency to pay any remaining unpaid repayments owed by the purchasing agency to the Fund; and (ii) thereafter, for the purpose of supporting authorized real property activities (excluding operations and maintenance)— (I) to the applicable purchasing agency, in the case of a purchasing agency that is an unaffected agency (as defined in section 5(a)); or (II) to the Administrator, in the case of an asset held in the inventory of the General Services Administration under subsection (c). (B) Availability Any proceeds from a sale under subparagraph (A)— (i) shall be available until expended, without further appropriation; and (ii) may be deposited in any account of the applicable purchasing agency or the General Services Administration, as applicable, that is available for the purposes described in clauses (i) and (ii) of subparagraph (A). (b) Changes in need or condition A change in the mission need of a purchasing agency for an eligible agency project or Federal facility that is the subject of an eligible agency project, and any change in the condition of such an eligible agency project or Federal facility, shall not affect any applicable repayment obligation relating to the eligible agency project under section 6. (c) Holding in Administration inventory (1) Definitions In this subsection: (A) Administration The term Administration means the General Services Administration. (B) Covered property The term covered property means any asset acquired through the Administration by a purchasing agency using a purchase transfer. (2) Inclusion in inventory On acquisition by a GSA-affected agency of any covered property, the covered property shall be— (A) placed in the inventory of the Administration; and (B) considered to be under the custody and control of the Administrator, subject to the requirements of this subsection. (3) Payment to Administrator (A) In general On receipt by a GSA-affected agency of amounts pursuant to a purchase transfer for the acquisition of any covered property, the GSA-affected agency— (i) except as provided in clause (ii), shall transfer the purchase transfer amount to the Administrator for deposit in the Federal Buildings Fund under section 592 of title 40, United States Code; but (ii) may retain such portion of the purchase transfer amount as is necessary for acquisition by the GSA-affected agency of associated furniture, fixtures, and equipment necessary to furnish the Federal facility for initial occupancy in accordance with subparagraph (B). (B) Use The Administrator or a GSA-affected agency shall use the amounts transferred under subparagraph (A)(i) or retained under subparagraph (A)(ii), respectively, only to pay the costs of the eligible agency project associated with the covered property. (C) Prohibition on fees The Administrator may not charge any fee for the execution of an eligible agency project on covered property pursuant to subparagraph (B), other than the 1-time administrative fee described in section 5(h). (4) Occupancy agreement The Administrator and the head of the applicable GSA-affected agency shall enter into an occupancy agreement with respect to any covered property acquired by the GSA-affected agency that— (A) recognizes the investment of the GSA-affected agency in the covered property and the associated eligible agency project by providing for shell rent abatement, in accordance with paragraph (5); and (B) establishes that the purchasing agency shall continue to be responsible for making annual repayments to the Fund in accordance with section 6 with respect to the covered property. (5) Shell rent abatement The shell rent abatement provisions under paragraph (4)(A) relating to an occupancy agreement with respect to covered property shall include requirements that rental payments shall— (A) be made by the GSA-affected agency to the Administration immediately on occupancy of the covered property by the GSA-affected agency; (B) for the 5-year period beginning on the initial date of occupancy of the covered property by the GSA-affected agency, be in an amount equal to the operating costs during the rental payment period of the GSA-affected agency relating to the covered property; and (C) effective during the period beginning on the date immediately after the period described in subparagraph (B) and ending on the date that is 25 years after the initial date of occupancy of the covered property by the GSA-affected agency, be in an amount equal to the sum of— (i) the operating costs during the rental payment period of the GSA-affected agency relating to the covered property; and (ii) such reduced shell rental rate as the GSA-affected agency and the Administrator may negotiate, subject to the requirement that the cumulative difference between the appraised market rent rate of the covered property and the reduced shell rental rate shall be equal to not more than the amount of the applicable purchase transfer. 8. Budget enforcement For purposes of budget enforcement under the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 et seq. ), the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900 et seq. ), and the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. ) relating to this Act, the following shall apply: (1) Direct spending Any provision in an appropriations Act approving a purchase transfer from the Fund to a purchasing agency, and collection by the Fund of repayments from the purchasing agency— (A) shall be classified as direct spending (as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) )); and (B) shall not be included in the estimates under section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(7) ) or considered budgetary effects for the purposes of section 3(4) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 932(4) ). (2) Discretionary appropriations A provision providing appropriations to a purchasing agency for annual repayments to the Fund shall be— (A) classified as discretionary appropriations; and (B) scored in the fiscal year for which such appropriations are made available by an appropriations Act. (3) Changes to Fund balance (A) Definition In this paragraph, the term provision changing the Fund balance means a provision in an appropriations Act that— (i) rescinds or precludes from obligation balances in the Fund; (ii) rescinds or precludes from obligation balances of approved purchase transfers; or (iii) reduces the annual limitation on total purchase transfers under section 5(f)(2). (B) Effects A provision changing the Fund balance— (i) shall be considered budgetary effects for purposes of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 931 et seq. ), and such budgetary effects shall be placed on the scorecards maintained pursuant to section 4(d) of that Act ( 2 U.S.C. 933(d) ) and the scorecards maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress); and (ii) shall not be included in the estimates under section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(7) ). (4) Failure to appropriate repayments (A) Definition In this paragraph, the term failure to appropriate a repayment means that— (i) an appropriations Act for a fiscal year provides a first repayment amount for an eligible agency project; and (ii) for a subsequent fiscal year during the repayment period, no appropriations Act provides an appropriation for the repayment amount required for that fiscal year. (B) Effects If there is a failure to appropriate a repayment, an amount equal to the required repayment for the applicable fiscal year, calculated pursuant to section 6(b), shall be included in the estimates under section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(7) ). (5) Transfers and reprogramming (A) Definition In this paragraph, the term transfer or reprogramming provision means a provision in an appropriations Act that, notwithstanding subparagraphs (B) and (C) of section 5(e)(1), authorizes or requires— (i) a transfer of amounts in the Fund for any purpose other than to cover the costs of eligible agency projects; or (ii) a purchasing agency to transfer or reprogram a purchase transfer for a purpose other than paying the costs of an eligible agency project. (B) Effects The amount transferred or reprogrammed under a transfer or reprogramming provision shall be included in the estimates of discretionary appropriations under section 251(a)(7) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(a)(7) ). 9. Sequestration Section 255(g)(1)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 905(g)(1)(A) ) is amended by inserting after the item relating to Farm Credit System Insurance Corporation, Farm Credit Insurance Fund the following: Federal Capital Revolving Fund (47–4614–0–4–804). . 10. Administrative provisions (a) Treatment as expenditure transfers The following shall be considered to be, and shall be recorded as, expenditure transfers: (1) Each purchase transfer. (2) Each payment of an administrative fee under section 5(h). (3) Each transfer of repayment amounts to the Fund under section 6. (b) Effect of Act Nothing in this Act— (1) provides any new real property landholding or land managing authority to a purchasing agency; (2) otherwise affects any existing real property landholding or land managing authority of an agency, as in effect on the date of enactment of this Act; or (3) permits the President, the Administrator, or the head of any other agency to transfer, reprogram, or otherwise use any amounts in the Fund absent specific language enacted by Congress authorizing such an action. | https://www.govinfo.gov/content/pkg/BILLS-117s1926is/xml/BILLS-117s1926is.xml |
117-s-1927 | II 117th CONGRESS 1st Session S. 1927 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mrs. Murray (for herself and Mr. Burr ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Child Abuse Prevention and Treatment Act.
1. Short title; table of contents (a) Short title This Act may be cited as the CAPTA Reauthorization Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Amended CAPTA table of contents. Sec. 3. Definitions. TITLE I—General program Sec. 101. Interagency work group on child abuse and neglect. Sec. 102. National clearinghouse for information relating to child abuse. Sec. 103. Research and assistance activities. Sec. 104. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations. Sec. 105. National child abuse hotline. Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs. Sec. 107. Grants for investigation and prosecution of child abuse and neglect. Sec. 108. Miscellaneous requirements relating to assistance. Sec. 109. Reports. Sec. 110. Monitoring and oversight. Sec. 111. Authorization of appropriations. TITLE II—Community-based grants for the prevention of child abuse and neglect Sec. 201. Amendments to title II of the Child Abuse Prevention and Treatment Act. TITLE III—Public health approaches to identify and prevent child fatalities and near fatalities due to child abuse and neglect Sec. 301. Identifying and preventing child fatalities and near fatalities due to child abuse and neglect. TITLE IV—Public health response to infants affected by substance use disorder Sec. 401. Amending the CAPTA to provide for a public health response to infants affected by substance use disorder. TITLE V—Adoption Opportunities Sec. 501. Purpose. Sec. 502. Definitions. Sec. 503. Information and services. Sec. 504. Studies and reports. Sec. 505. Unregulated custody transfers. Sec. 506. Authorization of appropriations. 2. Amended CAPTA table of contents The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended— (1) by striking section 2; and (2) by amending the table of contents under section 1(b) to read as follows: Table of contents Sec. 1. Short title. Sec. 2. Definitions. TITLE I—General program Sec. 101. Office on Child Abuse and Neglect. Sec. 102. Interagency work group on child abuse and neglect. Sec. 103. National clearinghouse for information relating to child abuse. Sec. 104. Research and assistance activities. Sec. 105. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations. Sec. 106. Grants to States for child abuse or neglect prevention and treatment programs. Sec. 107. Grants to States for programs relating to the investigation and prosecution of child abuse and neglect cases. Sec. 108. National child abuse hotline. Sec. 109. Miscellaneous requirements relating to assistance. Sec. 110. Coordination of child abuse and neglect programs. Sec. 111. Reports. Sec. 112. Monitoring and oversight. Sec. 113. Rule of construction. Sec. 114. Authorization of appropriations. TITLE II—Community-based grants for the primary prevention of child abuse and neglect Sec. 201. Purposes. Sec. 202. Authorization of grants. Sec. 203. Lead entity. Sec. 204. Application. Sec. 205. Uses of funds. Sec. 206. Performance measures. Sec. 207. National network for community-based family resource programs. Sec. 208. Rule of construction. Sec. 209. Authorization of appropriations. TITLE III—Public health approaches to identify and prevent child fatalities and near fatalities due to child abuse and neglect Sec. 301. Purpose. Sec. 302. Federal Work Group on Public Health Surveillance of Child Fatalities and near fatalities Due to Child Abuse and Neglect. Sec. 303. Grants for State child death review of child abuse and neglect fatalities and near fatalities. Sec. 304. Authorization of appropriations. TITLE IV—Public health response to infants affected by substance use disorder Sec. 401. Purpose. Sec. 402. Requirements. Sec. 403. National technical assistance and reporting. Sec. 404. Grant program authorized. Sec. 405. Authorization of appropriations. . 3. Definitions The Child Abuse Prevention and Treatment Act is amended by striking section 3 ( 42 U.S.C. 5101 note) and inserting the following: 2. Definitions (a) In general In this Act: (1) Alaska Native The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Child Subject to subsection (b)(2), the term child means a person who has not attained the lesser of— (A) the age of 18; or (B) except in the case of sexual abuse, the age specified by the child protection law of the State in which the child resides. (3) Child abuse and neglect The term child abuse and neglect means, at a minimum, any recent act or failure to act on the part of a parent or caretaker, which results in death, serious physical or emotional harm, sexual abuse or exploitation (including sexual abuse as determined under paragraph (17)), or an act or failure to act which presents an imminent risk of serious harm. (4) Child with a disability The term child with a disability means a child with a disability as defined in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ), or an infant or toddler with a disability as defined in section 632 of such Act ( 20 U.S.C. 1432 ). (5) Children and youth overrepresented in the child welfare system The term children and youth overrepresented in the child welfare system includes children and youth who belong to populations who are the focus of research efforts authorized under section 404N of the Public Health Service Act ( 42 U.S.C. 283p ) and defined in NIH Notice NOT–OD–19–139 released on August 28, 2019. (6) Community-based family strengthening services The term community-based family strengthening services includes services that— (A) are provided by organizations carrying out programs such as family resource programs, family support programs, voluntary home visiting programs, respite care services programs, parenting education, mutual support programs for parents and children, parent partner programs, family advocate programs, and other community programs or networks of such programs; and (B) are designed to prevent or respond to child abuse and neglect and support families in building protective factors linked to the prevention of child abuse and neglect. (7) Community referral services The term community referral services means services provided under contract or through an interagency agreement to assist families in obtaining needed information, mutual support, and community resources, including respite care services, health and mental health services, employability development and job training, and other social services, including early developmental screening of children, through help lines or other methods. (8) Governor The term Governor means the chief executive officer of a State. (9) Homeless children and youth The term homeless children and youth means an individual who is described in section 725 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a ). (10) Indian; Indian Tribe; Tribal organization The terms Indian , Indian Tribe , and Tribal organization have the meanings given the terms Indian , Indian tribe , and tribal organization , respectively, in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (11) Native Hawaiian The term Native Hawaiian has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7517 ). (12) Near fatality The term near fatality means an act that, as certified by a physician, places a child in serious or critical condition. (13) Protective factors linked to the prevention of child abuse and neglect The term protective factors linked to the prevention of child abuse and neglect means evidence-based or evidence-informed factors that have been demonstrated to ensure families are more likely to be healthy and strong and less likely to experience child abuse and neglect. (14) Respite care services The term respite care services means services, including the services of crisis nurseries, that are— (A) provided in the temporary absence of the regular caregiver (meaning a parent, other relative, foster parent, adoptive parent, or guardian); (B) provided to children who— (i) are in danger of child abuse or neglect; (ii) have experienced child abuse or neglect; or (iii) have disabilities or chronic or terminal illnesses; (C) provided within or outside the home of the child; (D) short-term care (ranging from a few hours to a few weeks of time, per year); and (E) intended to enable the family to stay together and to keep the child living in the home and community of the child. (15) Secretary The term Secretary means the Secretary of Health and Human Services. (16) Serious bodily injury The term serious bodily injury means bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty. (17) Sexual abuse The term sexual abuse includes— (A) the employment, use, persuasion, inducement, enticement, or coercion of any child to engage in, or assist any other person to engage in, any sexually explicit conduct or simulation of such conduct for the purpose of producing a visual depiction of such conduct; and (B) the rape, and in cases of caretaker or inter-familial relationships, statutory rape, molestation, prostitution, or other form of sexual exploitation of children, or incest with children. (18) State Except as provided in section 106(g), the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (19) Withholding medically indicated treatment The term withholding of medically indicated treatment means the failure to respond to the infant’s life-threatening conditions by providing treatment (including appropriate nutrition, hydration, and medication) which, in the treating physician’s or physicians’ reasonable medical judgment, will be most likely to be effective in ameliorating or correcting all such conditions, except that the term does not include the failure to provide treatment (other than appropriate nutrition, hydration, or medication) to an infant when, in the treating physician’s or physicians’ reasonable medical judgment— (A) the infant is chronically and irreversibly comatose; (B) the provision of such treatment would— (i) merely prolong dying; (ii) not be effective in ameliorating or correcting all of the infant’s life-threatening conditions; or (iii) otherwise be futile in terms of the survival of the infant; or (C) the provision of such treatment would be virtually futile in terms of the survival of the infant and the treatment itself under such circumstances would be inhumane. (b) Special rule (1) In general For purposes of paragraphs (3) and (17) of subsection (a), a child shall be considered a victim of child abuse and neglect or sexual abuse if the child is identified, by an employee of the State or local agency involved, as being a victim of sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) or a victim of severe forms of trafficking in persons (as defined in such section 103). (2) State option Notwithstanding the definition of child under subsection (a)(2), for purposes of application of paragraph (1), a State may elect to define the term child as a person who has not attained the age of 24. . I General program 101. Interagency work group on child abuse and neglect Section 102 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5102 ) is amended to read as follows: 102. Interagency work group on child abuse and neglect (a) Establishment The Secretary may establish and operate an Interagency Work Group on Child Abuse and Neglect (referred to in this section as the Work Group ). (b) Composition The Work Group shall be comprised of representatives from Federal agencies with responsibility for child abuse and neglect related programs and activities. (c) Duties The Work Group shall— (1) coordinate Federal efforts and activities with respect to child abuse and neglect prevention and treatment, including data collection and reporting; (2) serve as a forum that convenes relevant Federal agencies to communicate and exchange ideas concerning child abuse and neglect related programs and activities; and (3) work to maximize Federal resources to address child abuse and neglect in areas of critical needs for the field, such as— (A) improving research; (B) focusing on prevention of child abuse and neglect; (C) addressing racial bias and disparities in the child protective services system; (D) enhancing child welfare professionals’ understanding of trauma-informed practices that prevent and mitigate the effects of trauma and adverse childhood experiences; (E) identifying actions the child protective services system can take to develop alternative pathways to connect families experiencing difficulty meeting basic needs or other risk factors associated with child abuse and neglect to community-based family strengthening services to prevent child abuse and neglect in order to safely reduce the number of families unnecessarily involved in such system; and (F) addressing the links between child abuse and neglect and domestic violence. . 102. National clearinghouse for information relating to child abuse Section 103 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5104 ) is amended to read as follows: 103. National clearinghouse for information relating to child abuse (a) Establishment The Secretary shall establish, directly or through one or more competitive contracts of not less than 3 years duration, a national clearinghouse for information relating to child abuse and neglect. (b) Consultation In establishing the clearinghouse under subsection (a), the Secretary shall consult with the head of each Federal agency involved with child abuse and neglect regarding— (1) the development of the components for information collection; (2) the management of such clearinghouse; and (3) mechanisms for the sharing of information with other Federal agencies and clearinghouses. (c) Functions The Secretary, through the clearinghouse established under subsection (a), shall maintain and disseminate information on— (1) evidence-based and evidence-informed programs, including private and community-based programs, that have— (A) demonstrated success with respect to the prevention, assessment, identification, and treatment of child abuse or neglect; and (B) potential for broad-scale implementation and replication; (2) the medical diagnosis and treatment of child abuse and neglect and the use of trauma-informed practices that prevent and mitigate the effects of trauma and adverse childhood experiences; (3) best practices relating to— (A) differential response; (B) the use of alternative pathways to connect families experiencing difficulty meeting basic needs or other risk factors associated with child abuse and neglect to community-based family strengthening services to prevent child abuse and neglect, including through the operation of local or State helplines (which may include expanding hotlines and referral systems operated by State and local child protective services agencies for such purposes); (C) making improvements to the child protective services systems, including efforts to prevent child abuse and neglect, prioritize serving children who are at risk of serious harm, and implement protocols to identify, examine, and eliminate child fatalities and near fatalities due to child abuse and neglect; (D) making appropriate referrals related to the physical, developmental, and mental health needs of children who are victims of child abuse or neglect to address the needs of such children and effectively treat the effects of such abuse or neglect; (E) supporting children and youth being cared for by kinship caregivers, including such children whose living arrangements with kinship caregivers occurred without the involvement of a child protective services agency; and (F) workforce development and retention of child protective services personnel; (4) professional development and training resources available at the State and local level— (A) for individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect, including mandated reporters; and (B) for appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, physical, behavioral and mental health, education, child welfare, substance use disorder treatment services, and domestic violence services personnel on— (i) the role of the child protective services system to identify children at risk of serious harm; and (ii) how to direct families in need to alternative pathways for community-based family strengthening services in order to safely reduce the number of families unnecessarily involved with child protective services; (5) in conjunction with the National Resource Centers authorized under section 310(b) of the Family Violence Prevention and Services Act ( 42 U.S.C. 10410(b) ), effective programs and best practices for developing and carrying out collaboration between entities providing child protective services and entities providing domestic violence services; (6) maintain and disseminate information about the requirements of section 402(c) and best practices relating to the development, implementation, and monitoring of family care plans as described in section 402(c) for infants identified as being affected by substance or alcohol use disorder, including best practices on topics such as— (A) collaboration and coordination across substance abuse agencies, child welfare agencies, maternal and child health agencies, family courts, and other community partners; and (B) identification and delivery of services for affected infants and their families, including for infants affected by substance use disorder, including alcohol use disorder, but whose families do not meet criteria for immediate safety concerns of child abuse and neglect; (7) maintain and disseminate information relating to the incidence of cases of child abuse and neglect in the United States, including information based on data submitted by State child protective services agencies under section 106(d); and (8) compile, analyze, and publish a summary of the research conducted under section 104(a). (d) Data collection and analysis (1) In general The Secretary shall develop and maintain a Federal data collection and analysis system, in consultation with appropriate State and local agencies and experts in the field, to collect, compile, and make available State child abuse and neglect reporting information which, to the extent practical, shall be universal and case specific and integrated with other case-based Federal, State, Tribal, regional, and local child welfare data systems (including the automated foster care and adoption reporting system required under section 479 of the Social Security Act ( 42 U.S.C. 679 )) which shall include— (A) standardized data on false, unfounded, unsubstantiated, and substantiated reports; (B) comparable information on child fatalities and near fatalities due to child abuse and neglect, including— (i) the number of child fatalities and near fatalities due to child abuse and neglect; and (ii) case-specific data about the circumstances under which a child fatality or near fatality occurred due to abuse and neglect, including the data elements described in section 106(d)(3)(E); (C) information about the incidence and characteristics of child abuse and neglect in circumstances in which domestic violence is present; and (D) information about the incidence and characteristics of child abuse and neglect in cases related to substance use disorder. (2) Confidentiality requirement In carrying out paragraph (1)(D), the Secretary shall ensure that methods are established and implemented to preserve the confidentiality of records relating to case specific data. . 103. Research and assistance activities Section 104 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5105 ) is amended— (1) by amending subsections (a) through (c) to read as follows: (a) Research (1) In general The Secretary shall ensure that the Administration for Children and Families, in coordination with the Centers for Disease Control and Prevention, the Health Resources and Services Administration, and other relevant Federal agencies, and in consultation with recognized experts in the field, carries out a continuing interdisciplinary program of research, including longitudinal research, that is designed to— (A) provide information needed to improve primary prevention of child abuse and neglect; (B) better protect children from child abuse or neglect; (C) evaluate the efficacy of programs or practices to improve outcomes; (D) improve the well-being of victims of child abuse or neglect; and (E) be responsive to the research needs of the child welfare field. (2) Topics The research program described in paragraph (1) may focus on— (A) evidence-based or evidence-informed programs regarding— (i) prevention of child abuse and neglect in families that have not had contact with the child protective services system, including through supporting the development of protective factors linked to the prevention of child abuse and neglect; and (ii) trauma-informed treatment of children and families who experience child abuse and neglect, including efforts to prevent the re-traumatization of such children and families; (B) effective practices to reduce racial bias and disparities in the child protective services system; (C) effective practices and programs in the use of differential response to identify children at risk of serious harm and to safely reduce the number of families unnecessarily investigated by the child protective services system; (D) effective practices and programs designed to improve service delivery and outcomes for child protective services agencies engaged with children and families with complex needs, such as families who have experienced domestic violence, substance use disorders, and adverse childhood experiences; (E) best practices for recruiting and retaining a child protective services workforce and providing professional development; (F) effective collaborations, between the child protective system and domestic violence service providers, that provide for the safety of children exposed to domestic violence and their non-abusing parents and that improve the investigations, interventions, delivery of services, and treatments provided for such children and families; (G) child abuse and neglect issues facing Indians, Alaska Natives, and Native Hawaiians, including providing recommendations for improving the collection of child abuse and neglect data from Indian Tribes and Native Hawaiian communities; and (H) child abuse and neglect issues related to children and youth overrepresented in the child welfare system, including efforts to improve the child welfare system’s practices related to the prevention, identification, and treatment of child abuse and neglect to address such overrepresentation. (3) National incidence of child abuse and neglect (A) In general The Secretary shall conduct research on the national incidence of child abuse and neglect and investigate the trends in such incidence, including the information on the national incidence on child abuse and neglect specified in subparagraph (B). (B) Content The research described in subparagraph (A) shall examine the national incidence of child abuse and neglect, including— (i) the extent to which incidents of child abuse and neglect are increasing or decreasing in number and severity; (ii) the incidence of substantiated and unsubstantiated reported child abuse and neglect cases; (iii) the number of substantiated cases that result in a judicial finding of child abuse or neglect or related criminal court convictions; (iv) the extent to which the number of unsubstantiated, unfounded, or falsely reported cases of child abuse or neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse or neglect; (v) the extent to which the lack of adequate resources or the lack of adequate training of individuals required by law to report suspected cases of child abuse and neglect have contributed to the inability of a State to respond effectively to serious cases of child abuse and neglect; (vi) the number of unsubstantiated, false, or unfounded reports that have resulted in a child being placed in substitute care, and the duration of such placement; (vii) the extent to which unsubstantiated reports return as more serious cases of child abuse or neglect; (viii) the incidence and prevalence of physical, sexual, and emotional abuse and physical and emotional neglect in substitute care; (ix) the incidence and prevalence of child maltreatment by a wide array of demographic characteristics such as age, sex, race, family structure, household relationship (including the living arrangement of the resident parent and family size), school enrollment and education attainment, disability, grandparents as caregivers, labor force status, work status in previous year, and income in previous year; (x) the extent to which reports of suspected or known instances of child abuse or neglect involving a potential combination of jurisdictions, such as intrastate, interstate, Federal-State, and State-Tribal, are screened out solely on the basis of the cross-jurisdictional complications; and (xi) the incidence and outcomes of child abuse and neglect allegations reported within the context of divorce, custody, or other family court proceedings, and the interaction between family courts and the child protective services system. (4) Report Not later than 3 years after the date of the enactment of the CAPTA Reauthorization Act of 2021 and every 2 years thereafter, the Secretary shall prepare and make available on a website that is accessible to the public and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that— (A) identifies the research priorities under paragraph (5) and the process for determining such priorities; (B) contains a summary of the research supported pursuant to paragraphs (1) and (2), and a summary of relevant research on child abuse and neglect conducted by other agencies within the Department of Health and Human Services; (C) contains the findings of the research regarding the national incidence on child abuse and neglect conducted under paragraph (3); and (D) describes how the Secretary will continue to improve the accuracy of information on the national incidence on child abuse and neglect specified in paragraph (3). (5) Priorities (A) In general The Secretary shall establish research priorities, which may include long-term studies, for making grants or contracts for purposes of carrying out paragraph (1). (B) Public comment The Secretary shall provide a biennial opportunity for public comment concerning the priorities proposed under subparagraph (A) and shall maintain an official record of such public comment. (b) Provision of technical assistance (1) In general The Secretary shall provide technical assistance to State and local public and private agencies and community-based organizations, including organizations that support children or youth overrepresented in the child welfare system, disability organizations, and persons who work with children with disabilities, and providers of mental health, substance use disorder treatment, and domestic violence prevention services, to assist such agencies and organizations in planning, improving, developing, carrying out, and evaluating programs and activities, including replicating successful program models, relating to the prevention, assessment, identification, and treatment of child abuse and neglect. (2) Content The technical assistance under paragraph (1) shall be designed to— (A) reduce racial bias and disparities in the child protective services system; (B) provide professional development for child protective services workers in trauma-informed practices and supports that prevent and mitigate the effects of trauma and adverse childhood experiences for infants, children, youth, and adults; (C) promote best practices for addressing child abuse and neglect in families with complex needs, such as families who have experienced domestic violence, substance use disorders, and adverse childhood experiences; (D) leverage community-based resources to prevent child abuse and neglect to develop a continuum of preventive services, including resources regarding health (including mental health and substance use disorder), housing, food assistance, parent support, financial assistance, early childhood care and education, education services, and other services to assist families; (E) promote best practices for maximizing coordination and communication between State and local child welfare agencies and relevant health care entities, consistent with all applicable Federal and State privacy laws; and (F) provide other technical assistance, as determined by the Secretary in consultation with such State and local public and private agencies and community-based organizations as the Secretary determines appropriate. (3) Evaluation The technical assistance under paragraph (1) may include an evaluation or identification of— (A) various methods and procedures for the investigation, assessment, and prosecution of child physical and sexual abuse cases; (B) ways to prevent and mitigate the effects of trauma to the child victim; (C) effective programs carried out by the States under this title and title II; and (D) effective approaches to link child protective service agencies with health care, mental health care, and developmental services to improve forensic diagnosis and health evaluations, and barriers and shortages to such linkages. (4) Dissemination The Secretary may provide for, and disseminate information relating to, various training resources available at the State and local level to— (A) individuals who are engaged, or who intend to engage, in the prevention, identification, and treatment of child abuse and neglect; and (B) appropriate State and local officials to assist in training law enforcement, legal, judicial, medical, mental health, education, child welfare, substance use disorder, and domestic violence services personnel in appropriate methods of interacting during investigative, administrative, and judicial proceedings with children who have been subjected to, or children whom such personnel suspect have been subjected to, child abuse or neglect. (c) Authority To make grants or enter into contracts (1) In general The functions of the Secretary under this section may be carried out directly or through grant or contract. (2) Duration Grants under this section shall be made for periods of not more than 5 years. ; and (2) by striking subsection (e). 104. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations Section 105 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106 ) is amended to read as follows: 105. Grants to States, Indian Tribes or Tribal organizations, and public or private agencies and organizations (a) Authority To award grants or enter into contracts The Secretary may award grants and enter into contracts to carry out programs and projects in accordance with this section, for any of the following purposes: (1) Capacity building, in order to create coordinated, inclusive, and collaborative systems that have statewide, local, or community-based impact in preventing, reducing, and treating child abuse and neglect. (2) Innovation, through time-limited, field-initiated demonstration projects that further the understanding of the field to prevent, treat, and reduce child abuse and neglect. (b) Capacity building grant program (1) In general The Secretary may award grants or contracts to an eligible entity. (2) Eligible entity In this subsection, the term eligible entity means— (A) a State or local agency, Indian Tribe or Tribal organization, or a nonprofit entity; or (B) a consortium of entities described in subparagraph (A). (3) Applications To receive a grant or contract under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. (4) Uses of funds An eligible entity receiving a grant or contract under this subsection shall use the funds made available through the grant or contract to better align and coordinate community-based, local, or State activities to strengthen families and prevent, reduce, or treat child abuse and neglect, by— (A) training professionals in prevention, identification, and treatment of child abuse and neglect, which may include— (i) training of professional and paraprofessional personnel, who are engaged in, or intend to work in, the field of prevention, identification, and treatment of child abuse and neglect, including training in the links between child abuse and neglect and domestic violence and approaches to working with families with substance use disorder; (ii) training on evidence-based and evidence-informed programs to improve child abuse and neglect reporting, with a focus on adults who work with children in a professional or volunteer capacity, including on— (I) recognizing and responding to child sexual abuse; and (II) safely reducing the number of families unnecessarily investigated by the child protective services system; (iii) training of personnel in best practices to meet the unique needs and development of special populations of children, including children with disabilities, infants, and toddlers; (iv) improving the training of supervisory child welfare workers on best practices for recruiting, selecting, and retaining personnel; (v) supporting State child welfare and child protective services agencies to coordinate the provision of services with State and local health care agencies, substance use disorder prevention and treatment agencies, mental health agencies, other public and private welfare agencies, and agencies that provide early intervention services to promote child safety, permanence, and family stability, which may include training on improving coordination between agencies to meet health evaluation and treatment needs of children who have been victims of substantiated cases of child abuse or neglect; (vi) training of personnel in best practices relating to the provision of differential response; and (vii) training for child welfare professionals to reduce and prevent racial bias in the provision of child protective services and child welfare services related to child abuse and neglect; (B) enhancing systems coordination and triage procedures, including programs of collaborative partnerships between the State child protective services agency, community social service agencies and community-based family support programs, law enforcement agencies and legal systems, developmental disability agencies, substance use disorder treatment agencies, health care entities, domestic violence prevention entities, mental health service entities, schools, places of worship, and other community-based agencies, such as children’s advocacy centers, in accordance with all applicable Federal and State privacy laws, to— (i) improve responses to reports of child abuse and neglect; (ii) allow for the establishment or improvement of a coordinated triage system; (iii) connect families experiencing difficulty meeting basic needs or risk factors associated with child abuse and neglect to community-based systems and programs that assist families seeking support to minimize involvement in the child protective services system; or (iv) modernize data systems and networks to improve the effectiveness of technology used by the child protective services system, including to facilitate timely information and data sharing and referrals between systems that are designed to serve children and families; or (C) establishing or enhancing coordinated systems of support for children, parents, and families, including a continuum of preventive services that strengthens families and connects families to services and supports relevant to their diverse needs regardless of how families make contact with such systems. (c) Field-Initiated innovation grant program (1) In general The Secretary may award grants or contracts to eligible entities for field-initiated demonstration projects of up to 5 years that advance innovative approaches to prevent, reduce, or treat child abuse and neglect. (2) Eligible entity In this subsection, the term eligible entity means— (A) a State or local agency, Indian Tribe or Tribal organization, or public or private agency, or organization; or (B) a consortium of entities described in subparagraph (A). (3) Applications To receive a grant or contract under this subsection, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a rigorous methodological approach to the evaluation of the grant or contract. (4) Use of funds An eligible entity that receives a grant or contract under this subsection shall use the funds made available through the grant or contract to carry out or bring to scale promising, evidence-informed, or evidence-based activities to prevent, treat, or reduce child abuse and neglect that shall include one or more of the following: (A) Multidisciplinary systems of care to strengthen families and prevent, treat, or reduce child abuse and neglect, such as programs that focus on addressing traumatic stress in families due to child abuse and neglect, especially for families with complex needs or families in which children or parents exhibit high levels of adverse childhood experiences. (B) Primary prevention programs or strategies aimed at reducing the prevalence of child abuse and neglect among families. (C) The development and use of alternative pathways to connect families experiencing difficulty meeting basic needs or other risk factors associated with child abuse and neglect to community-based family strengthening services to prevent child abuse and neglect or other public and private resources, such as supporting the development and implementation of— (i) local or State helplines (which may include expanding hotlines and referral systems operated by State and local child protective services agencies for such purposes); (ii) a continuum of preventive services that strengthen families and promote child, parent, and family, well-being; and (iii) innovative collaboration and coordination between the child protective services system, public agencies, and community-based organizations (including community-based providers supported under title II). (D) Innovative training for mandated child abuse and neglect reporters, which may include training that is specific to the mandated individual’s profession or role when working with children. (E) Innovative programs, activities, and services that are aligned with the research priorities identified under section 104(a)(5). (F) Projects to improve implementation of best practices to educate and assist medical professionals in identifying, assessing, and responding to potential abuse in infants, including improving communication and alignment with child protective services as appropriate and identifying injuries indicative of potential abuse in infants, and to assess the outcomes of such best practices. (G) Projects to establish or implement comprehensive child sexual abuse awareness and prevention programs in an age-appropriate manner for parents, guardians, and professionals, including on recognizing and safely reporting such abuse. (d) Evaluation In awarding grants and contracts for programs or projects under this section, the Secretary shall require all such programs and projects to be evaluated for their effectiveness. Funding for such evaluations shall be provided either as a stated percentage of a grant or contracts or as a separate grant or contract entered into by the Secretary for the purpose of evaluating a particular program or project or group of programs or projects. In the case of an evaluation performed by the recipient of a grant, the Secretary shall make available technical assistance for the evaluation, where needed, including the use of a rigorous application of scientific evaluation techniques. . 105. National child abuse hotline Title I of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended— (1) by repealing section 114; (2) redesignating section 112 as section 114 and moving such section to the end of title I; (3) by redesignating sections 108 through 111 as sections 109 through 112, respectively; and (4) by inserting after section 107 the following: 108. National child abuse hotline The Secretary may award a grant under this section to a nonprofit entity to provide for the ongoing operation of a 24-hour, national, toll-free hotline to provide information and assistance to children who are victims of child abuse or neglect, parents, caregivers, mandated reporters, and other concerned community members, including through alternative modalities for communications (such as texting or chat services) with such victims and other information seekers. . 106. Grants to States for child abuse or neglect prevention and treatment programs Section 106 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106a ) is amended to read as follows: 106. Grants to States for child abuse or neglect prevention and treatment programs (a) Development and operation grants The Secretary shall make grants to the States, from allotments made under subsection (g) for each State that applies for a grant under this section, for purposes of assisting the States in improving the child protective services system of each such State with respect to one or more of the following activities: (1) Improving the intake, assessment, screening, and investigation of reports of child abuse or neglect, including— (A) the use of differential response, and establishing and maintaining a rapid response system for high-risk cases, with special attention to cases involving repeat referrals of the same child, infants, and toddlers; and (B) protocols and training that reduce and prevent racial bias in the child protective services system. (2) Supporting trauma-informed response, investigation, and treatment of child abuse and neglect by— (A) creating and improving the use of multidisciplinary teams, including children’s advocacy centers; (B) enhancing investigations through interagency, intra-agency, interstate, and intrastate protocols; and (C) improving legal preparation and representation, including— (i) procedures for appealing and responding to appeals of substantiated reports of child abuse or neglect; and (ii) provisions to ensure that all children and parents shall have legal representation by a trained attorney in all cases involving an allegation of child abuse or neglect that results in a judicial proceeding, for the entire duration of the court’s jurisdiction in the case. (3) Establishing alternative pathways to connect families in need to voluntary, community-based family strengthening services in order to enable the child protective services system to focus on children at most serious risk of harm and safely reduce the number of families unnecessarily investigated for child abuse and neglect, through the development, implementation, and expansion of— (A) local or State helplines (which may include expanding hotlines and referral systems operated by State and local child protective services agencies for such purposes); and (B) coordination with other local and State public entities to support a continuum of preventive services that strengthen families and promote child, parent, and family well-being. (4) Improving case management approaches, including ongoing case monitoring, and delivery of services and treatment provided to children and their families to ensure safety and respond to family needs, including— (A) multidisciplinary approaches to assessing family needs and connecting families with services, including prevention services under section 471 of the Social Security Act ( 42 U.S.C. 671 ); (B) organizing treatment teams of community service providers that prevent and treat child abuse and neglect, and improve child and family well-being; and (C) case-monitoring that can ensure progress in child well-being. (5) Modernizing data systems to improve case management, coordination, and communication between State and local public agencies, including— (A) updating systems of technology that support the program and track reports of child abuse and neglect from intake through final disposition and allow for interstate and intrastate information exchange; (B) improving real-time case monitoring for caseworkers at the State and local levels to track assessments, service referrals, follow-up, case reviews, and progress toward case plan goals; (C) facilitating real-time data sharing across State and local public agencies to allow for enhanced data collection and public disclosure related to child fatalities and near fatalities due to child abuse and neglect; and (D) developing, improving, and implementing risk and safety assessment tools and protocols that reduce and prevent bias. (6) Developing, strengthening, and facilitating training for professionals and volunteers engaged in the prevention, intervention, and treatment of child abuse and neglect, including training on— (A) the legal duties of such individuals; (B) personal safety for case workers; (C) early childhood, child, and adolescent development and the impact of child abuse and neglect, including long-term impacts of adverse childhood experiences; (D) improving coordination among child protective service agencies and health care agencies, entities providing health care (including mental health and substance use disorder services), and community resources; (E) improving screening, forensic diagnosis, and health and developmental evaluations, which may include best practices for periodic reevaluations, as appropriate; (F) addressing the unique needs of children with disabilities, including promoting interagency collaboration to meet such needs; (G) supporting the placement of children with kinship caregivers and addressing the unique needs of children in such placements; (H) implementing responsive, family-oriented, and trauma-informed approaches to prevention, identification, intervention, and treatment of child abuse and neglect; (I) ensuring child safety; (J) the links between child abuse and neglect and domestic violence, and approaches to working with families with mental health needs or substance use disorder; (K) coordinating with other services and agencies to address family and child needs, including trauma; and (L) distinguishing between cases of child and abuse neglect and cases related to family economic insecurity where abuse and neglect are not present. (7) Improving the recruitment and retention of caseworkers, such as efforts to address the effects of indirect trauma exposure for child welfare workers. (8) Developing, facilitating the use of, and implementing evidence-based or evidence-informed strategies and training protocols for individuals mandated to report child abuse and neglect, which may include improving public awareness and understanding relating to the role and responsibilities of the child protective services system and the nature and basis for reporting suspected incidents of child abuse and neglect. (9) Developing, implementing, or operating programs and referrals to assist in obtaining or coordinating necessary services for families of infants or toddlers with a disability, with special attention to at-risk infants or toddlers (as defined in section 632 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1432 )), including— (A) existing social and health services; (B) financial assistance; (C) educational services; and (D) the use of differential response in preventing child abuse and neglect. (10) Enhancing interagency collaboration between agencies and providers of the child protective services, public health, substance use disorder treatment, education, domestic violence services, law enforcement, and juvenile justice to improve the investigations, interventions, delivery of services, and treatments provided for children and families experiencing child abuse and neglect, which may include— (A) methods for continuity of treatment plan and services as children and families transition between systems; (B) addressing the health needs, including mental health needs, of children identified as victims of child abuse or neglect, including supporting prompt, comprehensive health and developmental evaluations for children who are the subject of substantiated child abuse and neglect reports; (C) the provision of services that assist children exposed to domestic violence, and that also support the caregiving role of their non-abusing parents; (D) enhancing the capacity of public entities or community-based providers to integrate the leadership of parents in such entities’ decision-making; and (E) co-locating service providers. (11) Supporting the development, implementation, and monitoring of family care plans for infants affected by substance use disorder, including alcohol use disorder, and their families and affected caregivers, in accordance with the requirements of section 402(c), including through enhancing interagency coordination, such as between the State’s substance abuse agencies, public health and mental health agencies, child welfare agencies, social services agencies, health care facilities with labor and delivery units, maternal and child health agencies, early intervention agencies, family courts with jurisdiction in cases of child abuse and neglect, and other agencies or entities involved in supporting families affected by substance use disorders. (b) Eligibility requirements (1) State plan (A) In general To be eligible to receive a grant under this section, a State shall submit to the Secretary a State plan that specifies how the State will use funds received under the grant to improve and strengthen the child protective services system through the activities described in subsection (a). (B) Duration of plan Each State plan shall— (i) be submitted not less frequently than once every 5 years, in coordination with the State plan submitted under part B of title IV of the Social Security Act ( 42 U.S.C. 621 et seq.); and (ii) be periodically reviewed and revised by the State, as necessary, to reflect— (I) any substantive changes to State law or regulations related to the prevention of child abuse and neglect that may affect the eligibility of the State under this section; and (II) any significant changes from the State application related to the State’s funding of strategies and programs supported under this section. (C) Public collaboration and comment In developing the State plan under subparagraph (A), each State shall— (i) consult widely with stakeholders and relevant public and private organizations and individuals across the State, which shall include parents; (ii) collaborate with the lead entity and community-based providers funded under title II to strengthen the State’s prevention efforts in the State plan; (iii) make the draft plan publicly available by electronic means in an easily accessible format; and (iv) provide all interested members of the public at least 30 days opportunity to submit comments on the draft State plan. (D) Availability The State shall ensure that the final approved plan required under subparagraph (A) shall be publicly available by electronic means in an easily accessible format, and shall update the such publicly available plan to include any revisions to such plan described in subparagraph (B)(ii). (2) Plan provisions (A) Descriptions Each State plan required under paragraph (1) shall describe— (i) the activities the State will carry out using amounts received under the grant to prevent, treat, and reduce child abuse and neglect; (ii) how the State will implement a systems-building approach to develop and maintain a continuum of preventive supports, in coordination with relevant State and local public agencies families and community-based organizations, such as through the development of alternative pathways described in subsection (a)(3); (iii) training and retention activities to be provided under the grant to support direct line and supervisory personnel in report taking, screening, assessment, decision-making, and referral for investigating suspected instances of child abuse and neglect; (iv) the training to be provided under the grant for mandatory reporting by individuals who are required to report known or suspected cases of child abuse and neglect, including for purposes of making such individuals aware of these requirements; (v) policies and procedures encouraging the appropriate involvement of families in decision-making pertaining to children who have experienced child abuse or neglect; (vi) policies and procedures that promote and enhance appropriate collaboration among child protective service agencies, domestic violence service agencies, substance abuse agencies, other relevant agencies, and kinship navigators in investigations, interventions, and the delivery of services and treatment provided to children and families affected by child abuse or neglect, including children exposed to domestic violence, where appropriate; (vii) policies and procedures regarding the use of differential response and a timeline for the development and implementation of a rapid response system to ensure that all referrals of repeat referrals of the same child, infants, and toddlers receive a rapid response from such system; (viii) how the State will enact policies and procedures within 2 years of the date of enactment of the CAPTA Reauthorization Act of 2021 requiring timely public disclosure of the findings or information about the case of child abuse or neglect that has resulted in a child fatality or near fatality (in accordance with relevant Federal and State privacy and confidentiality requirements), which shall include a description of— (I) how the State will make such information publically available in an easily accessible format, including information on— (aa) the cause and circumstances of the fatality or near fatality; (bb) the age, gender, and race or ethnicity of the child; and (cc) any previous reports of child abuse or neglect investigations by the perpetrator or the victim; and (II) assurances of the State that the State will not allow an exception to such public disclosure, except in a case in which— (aa) the State needs to delay public release of case-specific findings or information (including any previous reports of domestic violence and subsequent actions taken to assess and address such reports) during a pending criminal investigation or prosecution of such a fatality or near fatality; (bb) the State is protecting the identity of a reporter of child abuse or neglect; or (cc) the State is withholding information in order to ensure the safety and well-being of the child, parents and family, if such members of the victim’s family are not perpetrators of the fatality or near fatality; (ix) the State’s efforts to collect and review data on child fatalities and near fatalities due to child abuse and neglect to drive systemic change to prevent such incidents from occurring in the future, including a description of— (I) the criteria utilized by the State’s child protective services agency to determine which cases of child fatalities and near fatalities due to abuse and neglect are reported under subsection (d), subject to the requirements of section 422(b)(19) of the Social Security Act ( 42 U.S.C. 622(b) ), such as whether such agency is submitting data on— (aa) only such cases that had involvement with the State’s child protective services agency, including cases that were investigated by such agency, and substantiated as abuse or neglect by such agency; or (bb) all cases of child fatalities and near fatalities identified as being related to child abuse and neglect by the State’s child death review system; and (II) how the State is reviewing and analyzing such data to support reforms intended to prevent future child fatalities and near fatalities across the policies and procedures of the State’s agencies that support children and families; (x) the State’s efforts to reduce racial bias and disparities in its child protective services system; (xi) the State’s efforts to improve policies and procedures regarding the identification and response to child abuse and neglect in order to safely reduce unnecessary investigations by State and local child protective services agencies of— (I) families solely on the basis of circumstances related to poverty; and (II) families experiencing homelessness solely on the basis of circumstances related to such families’ housing status; and (xii) the State’s plan to ensure that, within a specified timeline, all child victims of child abuse or neglect that results in a judicial proceeding are appointed— (I) a guardian ad litem, who has received training appropriate to the role, including training in early childhood, child, and adolescent development, and domestic violence, and who may be a court appointed special advocate— (aa) to obtain first-hand, a clear understanding of the situation and needs of the child; and (bb) to make recommendations to the court concerning the best interests of the child; and (II) an attorney ad litem to provide legal services for the child who— (aa) owes to the child the duties of loyalty, confidentiality, and competent legal representation; and (bb) is appointed to represent and express the child’s wishes to the court. (B) Assurances Each State plan shall provide assurances that the State has— (i) provisions or procedures for individuals to report known and suspected instances of child abuse and neglect as applicable under State law, including a State law for mandatory reporting by individuals required to report such instances, including, as defined by the State— (I) health professionals; (II) school and child care personnel; (III) law enforcement officials; (IV) social workers; (V) camp and after-school employees; (VI) clergy; and (VII) other individuals, as a State may require; (ii) provisions for immunity from civil or criminal liability under State and local laws for individuals making good faith reports of suspected or known instances of child abuse or neglect, or who otherwise provide information or assistance, including medical evaluations or consultations, in connection with a report, investigation, or legal intervention pursuant to a good faith report of child abuse or neglect; (iii) procedures for the immediate screening, risk and safety assessment, and prompt investigation of reports of suspected or known instances of child abuse and neglect, and triage procedures for the appropriate referral of a child not at risk of imminent harm to a community organization or voluntary preventive service; (iv) procedures for immediate steps to be taken to ensure and protect the safety of a victim of child abuse or neglect and of any other child under the same care who may also be in danger of child abuse or neglect and ensuring their placement in a safe environment, which may include placements with kinship caregivers; (v) methods to preserve the confidentiality of all records in order to protect the rights of the child and of the child’s parents or guardians, including requirements ensuring that reports and records made and maintained pursuant to the purposes of this Act shall only be made available to— (I) individuals who are the subject of the report; (II) Federal, State, or local government entities, or any agent of such entities, as described in clause (vi); (III) child abuse citizen review panels; (IV) child fatality review panels; (V) a grand jury or court, upon a finding that information in the record is necessary for the determination of an issue before the court or grand jury; and (VI) other entities or classes of individuals statutorily authorized by the State to receive such information pursuant to a legitimate State purpose; (vi) provisions to require a State to disclose confidential information to any Federal, State, or local government entity, or any agent of such entity, that has a need for such information in order to carry out its responsibilities under law to protect children from child abuse and neglect; (vii) provisions to require the cooperation of State law enforcement officials, court of competent jurisdiction, and appropriate State agencies providing human services in the investigation, assessment, prosecution, and treatment of child abuse and neglect; (viii) provisions requiring, and procedures in place that facilitate the prompt expungement of any records that are accessible to the general public or are used for purposes of employment or other background checks in cases determined to be unsubstantiated or false, except that nothing in this section shall prevent State child protective services agencies from keeping information on unsubstantiated reports in their casework files to assist in future risk and safety assessment; (ix) established and maintained citizen review panels in accordance with subsection (c); (x) provisions, procedures, and mechanisms— (I) for the expedited termination of parental rights in the case of any infant determined to be abandoned under State law; and (II) by which individuals who disagree with an official finding of child abuse or neglect can appeal such finding; (xi) provisions, procedures, and mechanisms that assure that the State does not require reunification of a surviving child with a parent who has been found by a court of competent jurisdiction— (I) to have committed murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent; (II) to have committed voluntary manslaughter (which would have been an offense under section 1112(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of such parent; (III) to have aided or abetted, attempted, conspired, or solicited to commit such murder or voluntary manslaughter; (IV) to have committed a felony assault that results in the serious bodily injury to the surviving child or another child of such parent; (V) to have committed sexual abuse against the surviving child or another child of such parent; or (VI) to be required to register with a sex offender registry under section 113(a) of the Adam Walsh Child Protection and Safety Act of 2006 ( 34 U.S.C. 20913(a) ); (xii) an assurance that, upon the implementation by the State of the provisions, procedures, and mechanisms under clause (xi), conviction of any one of the felonies listed in clause (xi) constitute grounds under State law for the termination of parental rights of the convicted parent as to the surviving children (although case-by-case determinations of whether or not to seek termination of parental rights shall be within the sole discretion of the State); (xiii) provisions and procedures to require that a representative of the child protective services agency shall, at the initial time of contact with the individual subject to a child abuse or neglect investigation, advise the individual of the complaints or allegations made against the individual, in a manner that is consistent with laws protecting the rights of the informant; (xiv) provisions addressing the training of representatives of the child protective services system regarding the legal duties of the representatives, which may consist of various methods of informing such representatives of such duties, including in different languages if necessary, in order to protect the legal rights and safety of children and families from the initial time of contact during investigation through treatment; (xv) provisions and procedures for requiring criminal background record checks that meet the requirements of section 471(a)(20) of the Social Security Act ( 42 U.S.C. 671(a)(20) ) for prospective foster and adoptive parents and other adult relatives and non-relatives residing in the household; (xvi) provisions for systems of technology that support the State child protective service system described in subsection (a) and track reports of child abuse and neglect from intake through final disposition; (xvii) provisions and procedures requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )); (xviii) provisions and procedures for training child protective services workers about identifying, assessing, and providing comprehensive services for children who are sex trafficking (as defined in section 103 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7102 )) victims, including efforts to coordinate with State law enforcement, juvenile justice, and social service agencies such as runaway and homeless youth shelters to serve this population; (xix) procedures for responding to the reporting of medical neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions), procedures or programs, or both (within the State child protective services system), to provide for— (I) coordination and consultation with individuals designated by and within appropriate health-care facilities; (II) prompt notification by individuals designated by and within appropriate health care facilities of cases of suspected medical neglect (including instances of withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions); and (III) authority, under State law, for the State child protective services system to pursue any legal remedies, including the authority to initiate legal proceedings in a court of competent jurisdiction, as may be necessary to prevent the withholding of medically indicated treatment from infants with disabilities who have life-threatening conditions; (xx) procedures to provide information and training for mandated reporters who are educators on the requirements of subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq.) to support homeless children and youth in enrolling, attending, and succeeding in school, in accordance with the State plan submitted under such subtitle B; (xxi) collaborated with families affected by child abuse or neglect, and the lead entity and community-based providers supported under title II in developing the State plan described in paragraph (1); (xxii) provisions and procedures to ensure that all parents shall, in all cases involving allegations of child abuse or neglect which results in a judicial proceeding, have legal representation by a trained attorney for the entire duration of the court’s jurisdiction in the case; and (xxiii) procedures and policies for developing, implementing, and monitoring family care plans required under section 402(c) to ensure the safety and well-being of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and the well-being of such infants’ families and caregivers. (3) Limitation (A) Certain identifying information Nothing in clause (ii) or (iv) of paragraph (2)(B) shall be construed as restricting the authority of a State to refuse to disclose identifying information concerning the individual initiating a report or complaint alleging suspected instances of child abuse or neglect, except that the State may not refuse such a disclosure where a court orders such disclosure after such court has reviewed, in camera, the record of the State related to the report or complaint and has found it has reason to believe that the reporter knowingly made a false report. (B) Clarification Nothing in subparagraph (A) shall be construed to limit a State’s flexibility to determine State policies relating to public access to court proceedings to determine child abuse and neglect, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and families. (C) Mandated reporters in certain States With respect to a State in which State law requires all of the individuals to report known or suspected instances of child abuse and neglect directly to a State child protective services agency or to a law enforcement agency, the requirement under paragraph (2)(B)(i) shall not be construed to require the State to define the classes of individuals described in subclauses (I) through (VII) of such paragraph. (c) Citizen review panels (1) Establishment (A) In general Each State to which a grant is made under this section shall establish (including by designating under subparagraph (B)) not less than 2 citizen review panels. (B) Designation A State may designate a citizen review panel for purposes of this subsection, comprised of one or more existing (as of the date of the designation) entities established under State or Federal law, such as child fatality panels, foster care review panels, or State task forces established under section 107, if such entities have the capacity to satisfy the requirements of paragraph (3) and the State ensures that such entities will satisfy such requirements. (2) Membership Except as provided in paragraph (1)(B), each panel established pursuant to paragraph (1) shall be composed of volunteer members who are broadly representative of the community in which such panel is established, including parents with experience with the child protective services system and members who have expertise in the prevention and treatment of child abuse and neglect, and may include adults who experienced child abuse or neglect. (3) Functions (A) In general Each panel established pursuant to paragraph (1) shall evaluate, by examining the policies, procedures, and practices of State and local agencies and where appropriate, specific cases, the extent to which State and local child protective services system agencies are effectively discharging their child protection responsibilities in accordance with— (i) the State plan under subsection (b); and (ii) any other criteria that the panel considers important to ensure the protection of children, including— (I) a review of the extent to which the State and local child protective services system is coordinated with the foster care, prevention, and permanency program established under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq.); and (II) a review of child fatalities and near fatalities due to child abuse and neglect and State and local efforts to change policies, procedures, and practices to prevent future fatalities and near fatalities. (B) Alternative pathways In carrying out the requirements of subparagraph (A), each panel shall examine the policies, procedures, and practices of State and local child protective services system agencies that result in substantial numbers of families being unnecessarily investigated for child abuse and neglect (including by examining racial basis) and shall develop recommendations to the State, in accordance with paragraph (5), regarding how State and local child protective services agencies can become a more effective system of appropriate and immediate response for children who are at most serious risk of child abuse and neglect and eliminate child abuse fatalities and near fatalities. (C) Confidentiality (i) In general The members and staff of a panel established under paragraph (1)— (I) shall not disclose to any person or government official any identifying information about any specific child protection case with respect to which the panel is provided information; and (II) shall not make public other information unless authorized by State statute. (ii) Civil sanctions Each State that establishes a panel pursuant to paragraph (1) shall establish civil sanctions for a violation of clause (i). (D) Public outreach Each panel shall provide for public outreach and comment in order to assess the impact of current procedures and practices upon children and families in the community and in order to meet its obligations under subparagraph (A). (4) State assistance Each State that establishes a panel pursuant to paragraph (1)— (A) shall develop a memorandum of understanding with each panel, clearly outlining the panel’s roles and responsibilities, and identifying any support from the State; (B) shall provide the panel access to information on cases that the panel desires to review if such information is necessary for the panel to carry out its functions under paragraph (3); and (C) shall provide the panel, upon its request, staff assistance for the performance of the duties of the panel. (5) Reports Each citizen review panel established under paragraph (1) shall annually prepare and make available to the State and the public, which activities may be carried out collectively by a combination of such panels, a report containing a summary of the activities of the panel and recommendations to improve the child protective services system at the State and local levels. Not later than 6 months after the date on which a report is submitted by the panel to the State, the appropriate State agency shall submit a written response to State and local child protective services systems and the panel that describes how the State will incorporate the recommendations of such panel (where appropriate) to make measurable progress in improving the State and local child protective services systems, which response may include providing examples of efforts to implement the panel's recommendations. (d) Annual State data reports (1) In general Subject to paragraph (2), each State to which a grant is made under this section shall annually submit a report to the Secretary containing, at a minimum, the data elements described in paragraph (3). (2) Exception In working with States to implement the requirement in paragraph (1), the Secretary shall have the authority to waive such requirements for any data element required in paragraph (3) if a State demonstrates to the Secretary that reporting such information is not feasible or is insufficient to yield statistically reliable information. (3) Required data elements The following data elements shall annually be reported by States to the Secretary, in accordance with paragraph (1) at the aggregate and case-specific level: (A) The number of children who were reported to the State during the year as victims of child abuse or neglect, disaggregated, where available, by demographic characteristics including age, sex, race and ethnicity, disability, caregiver risk factors, caregiver relationship, living arrangement, and relation of victim to their perpetrator. (B) Of the number of children described in subparagraph (A), the number with respect to whom such reports were— (i) substantiated; (ii) unsubstantiated; or (iii) determined to be false. (C) Of the number of children described in subparagraph (A)— (i) the number that did not receive services during the year under the State program funded under this section or an equivalent State program; (ii) the number that received services during the year under the State program funded under this section or an equivalent State program; and (iii) the number that were removed from their families during the year by disposition of the case. (D) The number of families that were served through differential response, from the State, during the year. (E) The number of child fatalities and near fatalities in the State during the year resulting from child abuse or neglect, which shall include— (i) the number of child fatalities and near fatalities due to child abuse and neglect (disaggregated by such type of incident) that— (I) is compiled by the State child protective services agency for submission under this subsection; and (II) are derived from data sources which— (aa) includes data from State vital statistics departments, child death review teams, law enforcement agencies, and offices of medical examiners or coroners, in accordance with the requirements of section 422(b)(19) of the Social Security Act ( 42 U.S.C. 622(b)(19) ); and (bb) may include information from hospitals, health departments, juvenile justice departments, and prosecutor and attorney general offices; and (ii) case-specific information (and the sources used to provide such information) about the circumstances under which a child fatality or near fatality occurred due to abuse and neglect, including— (I) the cause of the death listed on the death certificate in the case of a child fatality, and the type of life-threatening injury in the case of a near fatality; (II) whether the child and such child’s siblings were reported to the State child protective services system; (III) the responses taken by the child protective services agency (which may include services or investigations, as applicable), including any determinations by such agency; (IV) the child’s living arrangement or placement at the time of the incident; (V) the perpetrator’s relationship to the child; (VI) any known previous child abuse and neglect of the child by other perpetrators and of any child abuse and neglect of other children by the perpetrator; (VII) the demographics and relevant characteristics of the child, perpetrator, and family; (VIII) the child’s encounters with the health care system prior to the incident; and (IX) other relevant data as determined by the Secretary designed to inform prevention efforts. (F) Of the number of children described in subparagraph (E), the number of such children who were in foster care at the time of the incident reported under such subparagraph. (G) (i) The number of child protective service personnel responsible for the— (I) intake of reports filed in the previous year; (II) screening of such reports; (III) assessment of such reports; and (IV) investigation of such reports. (ii) The average caseload for the personnel described in clause (i). (H) The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect. (I) The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made. (J) For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the State— (i) information on the education, qualifications, and training requirements established by the State for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions; (ii) data on the education, qualifications, and training of such personnel; (iii) demographic information of the child protective service personnel; and (iv) information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor. (K) With respect to children reunited with their families or receiving family preservation services, within the 5-year period preceding submission of the report— (i) the number of reports to the State child protective services agency for suspected child abuse and neglect; (ii) the number of substantiated reports of child abuse or neglect; and (iii) the number of fatalities or near fatalities of such children due to child abuse or neglect. (L) The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children. (M) The annual report containing the summary of the activities and recommendations of the citizen review panels of the State required by subsection (c)(5). (N) The number of children under the care of the State child protection system who are transferred into the custody of the State juvenile justice system. (O) The number of children that had a family care plan in accordance with section 402(c), and who were referred to the child protective services system. (P) The number of children determined to be victims of sex trafficking. (4) NCANDS files Within 6 months after receiving a State report under this subsection, the Secretary shall make publish the data reported by the State under paragraph (3) in the following formats: (A) The agency file that contains aggregate data. (B) The child file that contains case-specific information. (e) Annual State reports A State that receives funds under subsection (a) shall annually prepare and submit to the Secretary a report describing the manner in which funding provided under this section, alone or in combination with other Federal funds, was used to address the purposes and achieve the objectives of this section, including— (1) the amount of such funding used by the State to provide services to individuals, families, or communities to strengthen families and prevent child abuse and neglect, directly or through referrals, and a description of how the State implemented systems-building approaches to strategically coordinate such services with State and local agencies and relevant public entities to develop and maintain a continuum of preventive services aimed at preventing the occurrence of child abuse and neglect; (2) a description of how the State uses differential response, as applicable, and alternative pathways for families seeking support; (3) a description of the State’s efforts to reduce racial bias and disparities in its child protective services system, including changes in the rates of overrepresentation of children or youth in the child protective services system by race or ethnicity; (4) a description of the State’s efforts to safely reduce unnecessary investigations of families, through the child protective system, solely based on circumstances related to— (A) poverty; and (B) housing status; (5) the number of children under the age of 3 who are involved in a substantiated case of child abuse or neglect and who the State child protective services agency referred for early intervention services funded under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.), disaggregated, where available, by demographic characteristics including race and ethnicity, and, for children not referred for such services, a description of why such children were not referred; and (6) a description of how the State used such funding to implement effective strategies to enhance collaboration among child protective services and social services, legal services, health care (including mental health and substance use disorder services), domestic violence service, and educational agencies, and community-based organizations, that contribute to improvements to the overall well-being of children and families. (f) Annual report by the Secretary Annually, and not later than 6 months after receiving the State reports under subsections (d) and (e), the Secretary shall— (1) prepare a report based on information provided by the States for the fiscal year under such subsections and the results of the State monitoring requirements in section 111; and (2) make the report and such information available to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Education and Labor of the House of Representatives, and the national clearinghouse described in section 103. (g) Allotments (1) Definitions In this subsection: (A) State The term State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. (B) Territory The term territory means Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. (2) In general The Secretary shall make an allotment to each State and territory that applies for a grant under this section, in an amount equal to the sum of— (A) $50,000; and (B) an amount that bears the same relationship to any grant funds remaining after all such States and territories have received $50,000, as the number of children under the age of 18 in the State or territory bears to the number of such children in all States and territories that apply for such a grant. (3) Minimum allotments to States The Secretary shall adjust the allotments under paragraph (2), as necessary, such that no State that applies for a grant under this section receives an allotment in an amount that is less than $150,000. . 107. Grants for investigation and prosecution of child abuse and neglect (a) Grants to States Section 107(a) of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106c(a) ) is amended by striking paragraphs (1) through (4) and inserting the following: (1) the assessment, investigation, and prosecution of suspected child abuse and neglect cases, including cases of suspected child sexual abuse, exploitation, and child sex trafficking, in a manner that limits additional trauma to the child and the child’s family; (2) the assessment, investigation, and prosecution of cases of suspected child abuse-related fatalities and suspected child neglect-related fatalities, including through a child abuse investigative multidisciplinary review team, such as team from the State child death review program; and (3) the assessment, investigation, and prosecution of cases involving children with disabilities or serious health-related problems, or other vulnerable populations, who are suspected victims of child abuse or neglect. . (b) State task forces Section 107(c)(1) ( 42 U.S.C. 5106c(c)(1) ) is amended— (1) in subparagraph (I), by striking and at the end; (2) in subparagraph (J), by striking the period and inserting ; and ; and (3) by adding at the end the following: (K) individuals experienced in working with children or youth overrepresented in the child welfare system. . (c) State task force study Section 107(d)(1) ( 42 U.S.C. 5106c(d)(1) ) is amended by striking and exploitation, and inserting exploitation, and child sex trafficking, . (d) Adoption of State task force recommendations Section 107(e)(1) ( 42 U.S.C. 5106c(e)(1) ) is amended— (1) in subparagraph (A), by striking and exploitation, and inserting exploitation, and child sex trafficking, ; (2) in subparagraph (B), by striking and at the end; (3) in subparagraph (C)— (A) by striking and exploitation, and inserting exploitation, and child sex trafficking, ; and (B) by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (D) improving coordination among agencies regarding reports of child abuse and neglect to ensure both law enforcement and child protective services agencies have ready access to full information regarding past reports, which may be done in coordination with other States, Indian Tribes, or agencies for other geographic regions. . 108. Miscellaneous requirements relating to assistance Section 109 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106d ), as so redesignated by section 105 of this Act, is amended by striking subsection (e). 109. Reports Section 111 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106f ), as so redesignated by section 105 of this Act, is amended— (1) in subsection (a), by striking CAPTA Reauthorization Act of 2010 and inserting CAPTA Reauthorization Act of 2021 ; (2) in subsection (b)— (A) by striking (b) and all that follows through Not and inserting the following: (b) Activities and technical assistance Not ; and (B) by striking Senate a report and all that follows and inserting Senate a report on technical assistance activities for programs that support State efforts to meet the needs and objectives of section 106. ; and (3) by striking subsections (c) and (d) and inserting the following: (c) Report on State mandatory reporting laws Not later than 4 years after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains information on— (1) training supported by this Act, and through other relevant Federal programs, for mandated reporters of child abuse or neglect; (2) State efforts to improve reporting on, and responses to reports of, child abuse or neglect; and (3) barriers, if any, affecting mandatory reporting of child abuse or neglect. (d) Report relating to injuries indicating the presence of child abuse Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that contains— (1) information on best practices developed by medical institutions and other multidisciplinary partners to identify and appropriately respond to injuries indicating the presence of potential physical abuse in children, particularly among infants, including— (A) the identification and assessment of such injuries by health care professionals and appropriate child protective services referral and notification processes in response to such injuries; and (B) an identification of effective programs replicating such best practices, and barriers or challenges to implementing such programs; and (2) data on any outcomes associated with the practices described in paragraph (1), including data on subsequent revictimization and child fatalities. (e) Report relating to child abuse and neglect in indian tribal communities Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Comptroller General of the United States, taking into consideration the perspectives of Indian Tribes from each of the 12 Bureau of Indian Affairs Regions, shall submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives that contains— (1) information about such Indian Tribes and related Tribal organizations providing child abuse and neglect prevention activities, including types of programming and number of such Tribes and Tribal organizations providing activities; (2) a description of promising practices used by such Tribes and related Tribal organizations for child abuse and neglect prevention; (3) information about the child abuse and neglect prevention activities such Indian Tribes and related Tribal organizations are providing, including those activities supported by Federal, Tribal, and State funds; (4) information on ways to support prevention efforts regarding child abuse and neglect of children who are Indians, including Alaska Natives, which may include the use of the children’s trust fund model; (5) an assessment of Federal agency collaboration and technical assistance efforts to address child abuse and neglect prevention and treatment of children who are Indians, including Alaska Natives; (6) an examination of access to child abuse and neglect prevention research and demonstration grants by Indian tribes and related Tribal organizations under this Act; and (7) an examination of Federal child abuse and neglect data systems to identify what Tribal data is being submitted to the Department of Health and Human Services, or other relevant agencies, as applicable, any barriers to the submission of such data, and recommendations on improving the submission of such data. (f) Report relating to court appointments (1) Study Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Comptroller General of the United States shall conduct a study of— (A) policies in selected States regarding the appointment of guardians ad litem and attorneys ad litem as described in section 106(b)(2)(A)(xii); and (B) successes and challenges in selected States regarding the appointment of a guardian ad litem and attorney ad litem in each case involving a victim of child abuse or neglect that results in judicial proceeding. (2) Report Not later than 1 year after completion of the study under paragraph (1), the Comptroller General of the United States shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report that summarizes the study under paragraph (1) and includes recommendations, as appropriate, for improving access for such victims to guardians ad litem and attorneys ad litem. . 110. Monitoring and oversight Title I of the Child Abuse Prevention and Treatment Act is amended by striking section 112 ( 42 U.S.C. 5106g ), as so redesignated by section 105 of this Act, and inserting the following: 112. Monitoring and oversight The Secretary shall conduct monitoring to ensure that each State that receives a grant under section 106 is in compliance with the requirements of section 106(b), which shall— (1) be in addition to the review of the State plan upon its submission under section 106(b)(1)(A); and (2) include monitoring of State policies and procedures required under section 106(b)(2)(B)(xxiii) and section 402. . 111. Authorization of appropriations Section 114 of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5106h ), as so redesignated by section 105 of this Act, is amended by striking subsection (a) and inserting the following: (a) In general (1) General authorization In addition to any funds appropriated under paragraph (3), there are authorized to be appropriated to carry out this title $270,000,000 for fiscal year 2022 and such sums as may be necessary for each of the fiscal years 2023 through 2027. (2) Discretionary activities Of the amounts appropriated for a fiscal year under paragraph (1), the Secretary shall make available 30 percent of such amounts to fund discretionary activities under this title. (3) Hotline authorization There are authorized to be appropriated to carry out section 108 such sums as may be necessary for each of fiscal years 2022 through 2027. . II Community-based grants for the prevention of child abuse and neglect 201. Amendments to title II of the Child Abuse Prevention and Treatment Act Title II of the Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5116 et seq.) is amended to read as follows: II Community-based grants for the primary prevention of child abuse and neglect 201. Purposes The purposes of this title are— (1) to support community-based family strengthening services and statewide systems-building approaches to ensure the development, operation, expansion, evaluation, and coordination of initiatives, programs, and activities to prevent child abuse and neglect; and (2) to increase access to a continuum of primary preventive services for diverse populations, including families with low incomes, families who are racial or ethnic minorities, families that include children with disabilities or caregivers with disabilities, children and youth overrepresented in the child welfare system, families experiencing homelessness or at risk of homelessness, and families in rural communities, that help strengthen families and prevent child abuse and neglect. 202. Authorization of grants (a) Authority The Secretary shall make grants under this title on a formula basis, from allotments made in accordance with subsection (c), to the entities designated by the States as the lead entities under section 203(b) for the purposes of— (1) supporting community-based family strengthening services, to assist families to build protective factors linked to the prevention of child abuse and neglect, that— (A) are accessible to diverse populations, effective, trauma-informed, and culturally responsive; (B) build upon the strengths of families; (C) provide families with early, comprehensive support; (D) promote the development of healthy familial relationships and parenting skills, especially for young parents and parents of young children; (E) increase family stability; (F) improve family access to other formal and informal community-based resources, such as referral to early childhood health and developmental services, mental health services, and supports to meet the needs of families that include children with disabilities or caregivers with disabilities; and (G) meaningfully involve parents in the planning, implementation, and evaluation of such services, including the parents of families with low incomes, parents who are racial or ethnic minorities, parents of children with disabilities, parents with disabilities, parents of children and youth overrepresented in the child welfare system, parents experiencing homelessness or at risk of homelessness, and parents in rural communities; (2) promoting the development of a continuum of primary preventive services for families, through State- and community-based collaborations, public-private partnerships, and the leveraging of Federal, State, local, and private funds; (3) financing the establishment, maintenance, expansion, or redesign of core services described in section 205(d)(3)(A), to address unmet needs described in the inventory in section 204(b)(1)(C)(i); (4) financing public information and education activities that focus on the healthy and positive development of parents and children and the promotion of child abuse and neglect prevention activities, including— (A) comprehensive outreach strategies to engage diverse populations; and (B) efforts to increase awareness, of adults who work with children in a professional or volunteer capacity, regarding the availability of community-based family strengthening services; and (5) providing professional development and technical assistance (including activities to support the implementation of services) to improve the effectiveness of community-based family strengthening services including on the use of evidence-based or evidence-informed practices, public health approaches to preventing child abuse and neglect, and culturally responsive practices. (b) Reservation (1) In general The Secretary shall reserve 1 percent of the amount appropriated under section 209 for a fiscal year to make awards to Indian Tribes and Tribal organizations and for migrant programs. (2) Exception Notwithstanding paragraph (1), for any fiscal year for which the amount appropriated under section 209 exceeds the amount appropriated under section 209 for fiscal year 2021 by more than $4,000,000, the Secretary shall reserve, from the total amount appropriated— (A) 5 percent for awards to Indian Tribes and Tribal organizations to strengthen families and prevent child abuse and neglect; and (B) 1 percent for migrant programs to strengthen families and prevent child abuse and neglect. (c) Allotments to States The Secretary shall allot the amount appropriated under section 209 for a fiscal year and remaining after the reservations under subsection (b) and section 207 among the States as follows: (1) 70 percent 70 percent of such remaining amount shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remaining amount as the number of children under the age of 18 residing in the State bears to the total number of children under the age of 18 residing in all States (except that no State shall receive less than $200,000 under this paragraph). (2) 30 percent 30 percent of such remaining amount shall be allotted among the States by allotting to each State an amount that bears the same proportion to such remaining amount as the amount of private, State, or other non-Federal funds leveraged and directed in the preceding fiscal year through the lead entity (as designated for the preceding fiscal year) of the State bears to the total of the amounts of private, State, or other non-Federal sources leveraged and directed in the preceding fiscal year through such an entity of all States. (d) Terms Funds allotted by the Secretary to a State under this section shall be— (1) for a 3-year period; and (2) provided to the State on an annual basis. 203. Lead entity (a) Definition of lead entity In this title, the term lead entity means a public, quasi-public, or nonprofit private entity (which may be an entity that has not been established pursuant to State legislation, executive order, or any other written authority of the State) that— (1) exists to strengthen and support families to prevent child abuse and neglect and has a demonstrated ability to work with State and local public agencies and community-based nonprofit organizations to provide professional development and technical assistance; and (2) has the capacity and commitment to partner meaningfully with family advocates, parents who are or have been recipients of community-based family strengthening services, and adults who experienced child abuse or neglect as children, to provide leadership in the planning, implementation, and evaluation of the programs and policy decisions of the entity described in this subsection. (b) Designation (1) In general A State shall be eligible for a grant under this title for a fiscal year if the Governor of a State has designated a lead entity to administer funds under this title for the purposes identified under section 201, including to develop, implement, operate, enhance, or expand community-based family strengthening services. (2) Designation considerations In designating a lead entity under paragraph (1) the Governor shall— (A) take into consideration the capacity and expertise of potential lead entities; and (B) take into consideration (equally) whether a potential lead entity is— (i) a trust fund advisory board of the State; or (ii) an existing entity that— (I) leverages Federal, State, local, and private funds for a broad range of child abuse and neglect prevention activities and family resource programs; and (II) is directed by an interdisciplinary, public-private entity that includes participants from communities to be served by the lead entity. (c) Assurances On designating a lead entity under this title, the Governor of the State shall provide assurances to the Secretary as part of the application submitted by the lead entity under section 204 that the lead entity— (1) will provide or will be responsible for providing— (A) community-based family strengthening services, in accordance with section 205, including through collaborative, public-private partnerships with community-based providers; (B) leadership to elevate the importance of primary prevention of child abuse and neglect across the State through an interdisciplinary, collaborative, public-private structure with balanced representation from private and public sector members, and representation of parents, adults who experienced child abuse or neglect as children, community-based providers, and parents with disabilities; and (C) direction and oversight of programs of community-based family strengthening services supported by grant funds under this title through the use of identified goals and objectives, clear lines of communication and accountability, the provision of leveraged or combined funding from Federal, State, local, and private sources, centralized assessment and planning activities, the provision of training and technical assistance, and reporting and evaluation functions; (2) has a demonstrated commitment to parental leadership in the development, operation, and oversight of the community-based family strengthening services; (3) has a demonstrated ability to work with State and local public agencies and community-based nonprofit organizations to develop and maintain a continuum of primary preventive services designed to support children and families; (4) has the capacity to provide operational support (both financial and programmatic), professional development, technical assistance, and evaluation assistance to community-based providers, through innovative, interagency funding and interdisciplinary service delivery mechanisms; (5) will integrate its efforts with individuals and organizations experienced in working in partnership with diverse populations, including families with low incomes, families who are racial or ethnic minorities, families that include children with disabilities or caregivers with disabilities, children and youth overrepresented in the child welfare system, families experiencing homelessness or at risk of homelessness, and families in rural communities; and (6) will engage with diverse populations to identify and address unmet needs when developing the inventory required under section 204(b)(1)(C)(i) and when distributing funds to community-based providers under section 205. 204. Application (a) In general To receive a grant under this title, a lead entity shall submit an application to the Secretary at such time, in such form, and containing such information as the Secretary may reasonably require, including the contents described in subsection (b). (b) Contents Each application submitted under subsection (a) by a lead entity shall include each of the following: (1) A description of— (A) the lead entity responsible for the administration of funds provided under this title, including how the lead entity will conduct oversight of community-based providers that receive subgrants under section 205; (B) how the lead entity will ensure community-based family strengthening services supported by grant funds under this title will be integrated into a continuum of primary preventive services for children and families, including how the lead entity will— (i) utilize statewide and local systems-building approaches to increase access to community-based family strengthening services for diverse populations; (ii) determine which communities to serve; (iii) support place-based approaches to meeting the needs of children and families; and (iv) ensure such services are designed to serve children and families in hard-to-reach areas; (C) an inventory as of the date of submission of such application, that includes a description of— (i) the unmet needs in the State, identified through engagement with diverse populations; and (ii) the community-based family strengthening services supported by grant funds under this title and other relevant services provided in the State; (D) how the lead entity will ensure, in the policy decision-making, implementation, and evaluation of community-based providers supported by grant funds under this title, the meaningful involvement of— (i) parents who are or who have been recipients of community-based family strengthening services; (ii) family advocates; and (iii) adults who experienced child abuse or neglect as children; (E) the criteria the lead entity will use to select and fund community-based providers, including how the lead entity will take into consideration a provider's ability to— (i) collaborate with State and local public agencies and community-based nonprofit organizations and engage in long-term and strategic planning to support the development of a continuum of primary preventive services across the State; (ii) meaningfully partner with parents in the development, implementation, and evaluation of community-based family strengthening services; and (iii) incorporate evidence-based or evidence-informed practices; (F) outreach activities the lead entity and community-based providers will undertake to maximize the participation of diverse populations, including families with low incomes, families who are racial or ethnic minorities, families that include children with disabilities or caregivers with disabilities, children and youth overrepresented in the child welfare system, families experiencing homelessness or at risk of homelessness, and families in rural communities; (G) how the performance of the State program will be assessed using the measures described in section 206 and by other measures that may be established by the lead entity; (H) the actions the lead entity will take to advocate for systemic changes in State policies, practices, procedures, and regulations to— (i) improve the delivery of community-based family strengthening services; and (ii) promote primary prevention activities to strengthen and support families in order to reduce child abuse and neglect and contact with the child protective services system; and (I) the lead entity's plan for providing operational support, professional development, and technical assistance to community-based providers, related to the use of trauma-informed practices, public health approaches to preventing child abuse and neglect, culturally responsive practices, and the use of evidence-based or evidence-informed practices. (2) A budget for the development, operation, and expansion of the community-based family strengthening services that demonstrates that the State will expend, in non-Federal funds, an amount (in cash, not in kind) equal to not less than 20 percent of the amount received under this title for activities under this title. (3) An assurance that— (A) the lead entity will use grant funds received under this title to provide community-based family strengthening services in accordance with section 205 in a manner that— (i) helps families build protective factors that are linked to the prevention of child abuse and neglect, including knowledge of parenting and child development (including social and emotional development), parental resilience, social connections, and time-limited and need-based concrete support available to families; (ii) is trauma-informed, culturally responsive, and takes into consideration the assets and needs of communities in which the lead entity serves; and (iii) promotes coordination between community-based providers, State and local public agencies, community-based nonprofit organizations, and relevant private entities to develop and expand a continuum of primary preventive supports that promote child, parent, and family well-being, with a focus on increasing access to those supports for diverse populations; (B) funds received under this title will be used to supplement, not supplant, other State and local public funds designated for the establishment, maintenance, expansion, and redesign of community-based family strengthening services; and (C) the lead entity will provide the Secretary with reports at such time and containing such information as the Secretary may require. (4) The assurances described in section 203(c). 205. Uses of funds (a) In general A lead entity that receives a grant under this title shall use the grant funds to develop, implement, operate, expand, and enhance community-based family strengthening services, including by providing subgrants to community-based providers described in subsection (b). (b) Community-Based provider In this title, the term community-based provider means an entity that provides community-based family strengthening services, including an entity that is a State or local public agency or a community-based nonprofit organization. (c) Priority In awarding subgrants under this section, a lead entity shall give priority to community-based providers proposing evidence-based or evidence-informed local programs to serve low-income communities or to serve young parents or parents of young children. (d) Uses of funds A lead entity or a community-based provider that receives funds under this section shall use the funds to develop, implement, operate, expand, and enhance community-based family strengthening services, which may include— (1) assessing community assets and needs through a planning process that— (A) involves other relevant community-based organizations, including those that have already performed a local needs assessments and can positively contribute to the planning process; (B) meaningfully involves parents; and (C) uses information and expertise from local public agencies, local nonprofit organizations, and local private sector representatives; (2) developing a comprehensive strategy, which may leverage public-private partnerships, to provide a continuum of primary preventive services to children and families, especially to families experiencing difficulty meeting basic needs or with other risk factors linked with child abuse and neglect, such as families with young parents, parents of young children, or parents who experienced domestic violence or child abuse or neglect as children; (3) (A) providing, directly or through community referral services, core child abuse and neglect prevention services, such as— (i) parent support and education programs that build protective factors linked to the prevention of child abuse and neglect; (ii) mutual support and self-help programs; (iii) parental leadership skills development programs that support parents as leaders in their families and communities; (iv) respite care services; and (v) outreach and follow up services, which may include voluntary home visiting services; and (B) connecting individuals and families to community referral services, including referral to— (i) adoption services for individuals interested in adopting a child; (ii) early childhood care and education programs such as a child care program, a Head Start program (including an Early Head Start program) carried out under the Head Start Act ( 42 U.S.C. 9831 et seq.), a developmental screening program, or a program carried out under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 , 1431 et seq.); (iii) services and supports to meet the additional needs of families with children with disabilities or caregivers with disabilities; (iv) nutrition programs, which may include the special supplemental nutrition program for women, infants, and children program under section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ) and the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq.); (v) educational services, academic tutoring, adult education and literacy services, and workforce development activities, such as activities described in section 134 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3174 ); (vi) self-sufficiency and life management skills training; (vii) mental health services; (viii) peer counseling; and (ix) domestic violence service programs that provide services and treatment to children and their nonabusing caregivers; (4) developing and maintaining leadership roles for the meaningful involvement of parents in the development, operation, evaluation, and oversight of the services provided by the lead entity or community-based providers; (5) providing leadership in mobilizing local public and private resources to support the provision of community-based family strengthening services; and (6) coordinating services with State and local public agencies, community-based nonprofit organizations, and relevant private entities, to promote child, parent, and family well-being, including coordinating services through the development, operation, and expansion of State and local systems to develop a continuum of primary preventive services to strengthen families and to prevent child abuse and neglect. 206. Performance measures (a) Measures Each lead entity receiving a grant under this title shall collect information on the extent to which the State program carried out under this title meets measures relating to— (1) the effective development, operation, and expansion of community-based family strengthening services that meet the requirements of this title, including the use of systems-building approaches to increase access to such services for diverse populations; (2) the community-based family strengthening services supported under this title and an inventory of the types of such services provided in accordance with section 205 and a description that shall specify whether those services are evidence-based or evidence-informed; (3) the extent to which the lead entity has addressed the unmet needs identified by the inventory required under section 204(b)(1)(C)(i); (4) (A) the involvement of a diverse representation of families in the design, operation, and evaluation of community-based family strengthening services supported by grant funds under this title; and (B) the continued leadership of parents in the ongoing planning, implementation, and evaluation of such community-based family strengthening services supported by grant funds under this title, demonstrated in an implementation plan; (5) the satisfaction among families who received community-based family strengthening services supported by grant funds under this title; (6) the establishment or maintenance of innovative funding mechanisms that blend Federal, State, local, and private funds, and of innovative, interdisciplinary service delivery mechanisms, for the development, operation, expansion, and enhancement of the community-based family strengthening services; (7) the effectiveness of activities conducted under this title in meeting the purposes of the program, demonstrated through the results of evaluation, or the outcomes of monitoring, conducted by the lead entity; and (8) the number of children and families that received community-based family strengthening services funded under this title, including a disaggregated count of families with children with disabilities and families with caregivers with disabilities. (b) Reports The lead entity shall submit to the Secretary a report containing the information described in subsection (a). 207. National network for community-based family resource programs From the amount appropriated under section 209 for a fiscal year and remaining after the reservation under section 202(b), the Secretary may reserve not more than 5 percent to support the activities of lead entities— (1) to create, operate, and maintain a peer review process; (2) to create, operate, and maintain an information clearinghouse; (3) to fund a yearly symposium on State system change efforts that result from the provision of the community-based family strengthening services; (4) to establish, operate, and maintain a computerized communication system between lead entities; and (5) to contribute to funding State-to-State technical assistance through biannual conferences. 208. Rule of construction Nothing in this title shall be construed to prohibit grandparents, kinship care providers, foster parents, adoptive parents, or any other individual, in a parenting role from receiving or participating in services and programs under this title. 209. Authorization of appropriations There are authorized to be appropriated to carry out this title $270,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027. . III Public health approaches to identify and prevent child fatalities and near fatalities due to child abuse and neglect 301. Identifying and preventing child fatalities and near fatalities due to child abuse and neglect The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended by adding at the end the following: III Public health approaches to identify and prevent child fatalities and near fatalities due to child abuse and neglect 301. Purpose The purpose of this title is to develop coordinated leadership and shared responsibility at the Federal, State, and local levels to implement data-driven strategies and reforms to prevent child fatalities and near fatalities from occurring in the future through the use of improved collection, reporting, and analysis of all child fatalities and near fatalities due to child abuse and neglect. 302. Federal Work Group on Public Health Surveillance of Child Fatalities and near fatalities Due to Child Abuse and Neglect (a) Establishment The Secretary shall establish the Federal Work Group on Public Health Surveillance of Child Fatalities and near fatalities Due to Child Abuse and Neglect (referred to in this section as the Work Group ). (b) In general (1) Composition Not later than 90 days after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Secretary shall appoint representatives to the Work Group from the Administration for Children and Families, the Centers for Disease Control and Prevention, the Health Resources and Services Administration, the Department of Justice and other Federal agencies, as the Secretary determines. (2) Consultation In carrying out the duties described under subsection (c), the Work Group shall consult with experts determined by the Secretary who meet the qualifications described in section 3(b)(1)(B) of the Protect our Kids Act ( Public Law 112–275 ). (c) Duties The Work Group shall— (1) oversee the development of uniform public health data standards that are designed to promote consistent terminology and data collection related to child fatalities and near fatalities due to child abuse and neglect; and (2) examine all Federal data collections related to child fatalities and near fatalities due to child abuse and neglect and make recommendations to the Secretary regarding— (A) how to improve the accuracy, uniformity, and comparability of data regarding child fatalities and near fatalities due to child abuse and neglect within and across States; (B) how to ensure that such data collections are informative and can be effectively utilized by local, State, Federal policymakers and the public to make data-driven decisions to prevent such fatalities and near fatalities; and (C) the purposes and roles of existing data systems, and how such data systems or next-generation data systems should more effectively meet the goals described in subparagraphs (A) and (B). (d) Annual report to Secretary The Work Group shall annually prepare a report and submit such report to the Secretary on the activities carried out under subsection (b), including recommendations for improving public health surveillance of child fatalities and near fatalities due to abuse and neglect. 303. Grants for State child death review of child abuse and neglect fatalities and near fatalities (a) Program authorized The Secretary may award grants or cooperative agreements to States, Indian Tribes, and Tribal organizations for the purposes of assisting such States, Indian Tribes, and Tribal organizations in— (1) supporting child death review programs, including at the local level, in the review of all incidents of child fatalities and near fatalities due to child abuse or neglect, including incidents in which the child was known by, or referred to, the child protective services system; (2) improving data collection and reporting related to child fatalities and near fatalities due to child abuse and neglect, including intrastate and interstate data comparability; and (3) developing coordinated leadership and shared responsibility across State, Tribal, and local public agencies that support children and families to implement data-driven strategies and reforms in order to prevent child fatalities and near fatalities due to child abuse and neglect from occurring in the future. (b) Application A State, Indian Tribe, or Tribal organization desiring a grant or cooperative agreement under subsection (a) shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (c) Uses of funds A State, Indian Tribe, or Tribal organization receiving a grant or cooperative agreement under subsection (a) shall use such funds for the purposes of carrying out the grant program under subsection (a). (d) Reporting (1) State reporting Each State, Indian Tribe, and Tribal organization that receives an award under this subsection shall submit a report to the Secretary, for each fiscal year for which such award is received, at such time, in such manner, and containing such information as the Secretary may require. (2) Secretary’s report to congress The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor and the Committee on Appropriations of the House of Representatives that includes a summary of reports submitted by States, Indian Tribes, and Tribal organizations under paragraph (1) and the Secretary’s recommendations or observations on the challenges, successes, and lessons derived from implementation of the grant program under subsection (a). 304. Authorization of appropriations To carry out this title, there are authorized to be appropriated $20,000,000 for fiscal year 2022 and such sums as may be necessary for each of the fiscal years 2023 through 2027. . IV Public health response to infants affected by substance use disorder 401. Amending the CAPTA to provide for a public health response to infants affected by substance use disorder The Child Abuse Prevention and Treatment Act ( 42 U.S.C. 5101 et seq.) is amended by inserting after title III, as added by section 301, the following: IV Public health response to infants affected by substance use disorder 401. Purpose The purpose of this title is to ensure the safety, permanency, and well-being of infants affected by substance use by supporting States in providing a public health response to infants, mothers, and families by— (1) supporting the health and well-being of infants and their mothers rather than penalizing the family; (2) developing comprehensive family care plans to address the needs of infants, children, and families; (3) increasing access to treatment support and other services for mothers with a substance use disorder and their children, including ensuring that mothers can access necessary prenatal services; (4) supporting mothers and caregivers in building protective factors so that infants are at a low risk of child abuse or neglect; (5) providing access to appropriate screening, assessment, and intervention services for infants affected by substance use disorder, including alcohol use disorder; and (6) improving the capacity of health care professionals, child welfare workers, and other personnel involved in the development, implementation, and monitoring of family care plans. 402. Requirements (a) In general Each State receiving Federal funds under section 106 or section 404 shall have in effect policies and procedures that meet the requirements of this section. (b) Designation The Governor of the State shall designate a lead agency to carry out the State's public health response to strengthen families and ensure the safety and well-being of— (1) infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder; and (2) the families and caregivers of such infants. (c) Family care plans At the same time a State submits a State plan under section 106(b)(1), the lead agency designated by the Governor under subsection (b) shall provide to the Secretary a description of the State’s policies and procedures to ensure the safety and well-being of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and the well-being of the families and caregivers of such infants, including a description of— (1) how the State is implementing and monitoring family care plans, including by— (A) developing family care plans prior to the expected delivery of the infant; and (B) conducting necessary follow up to ensure that families are able to access supports and services, and to ensure the safety and well-being of infants and the caregivers of such infants; (2) the State’s policies and procedures for requiring providers involved in the delivery or care of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, to notify the lead agency designated under subsection (b) of the occurrence of such condition in such infants; (3) the State’s policies and procedures to ensure the development of a multi-disciplinary family care plan for the infant born with, and identified as being affected by, substance use disorder, and such infant’s affected family member or caregiver, to ensure the safety and well-being of such infant following release from the care of health care providers, including by— (A) using a family assessment approach to develop each family care plan; (B) addressing, through coordinated service delivery, the health and substance use disorder treatment needs of the infant and affected family member or caregiver; and (C) the development and implementation by the State of monitoring systems regarding the implementation of such plans to determine whether, and in what manner, local entities are providing, in accordance with State requirements, referrals to and delivery of appropriate services for the infant and affected family member or caregiver; and (4) the State’s plan to develop a system for purposes of notifications required by paragraph (2) that is distinct and separate from the system used in the State to report child abuse and neglect, and designed to promote a public health response to infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and not for the purpose of initiating an investigation of child abuse or neglect. (d) Special rule Nothing in this section shall be construed to— (1) establish a definition under Federal law of what constitutes child abuse or neglect; or (2) require investigation or prosecution for any illegal action, including a response by the State’s child protective services system. (e) Annual report The lead agency of a State designated by the Governor under subsection (b) shall annually work with the Secretary to provide a report that provides the number of infants— (1) identified under subsection (c)(2); (2) for whom a family care plan was developed under subsection (c)(3); and (3) for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (c)(3). 403. National technical assistance and reporting (a) Technical assistance The Secretary shall provide technical assistance to support States in complying the requirements of section 402(c) that includes— (1) disseminating best practices on implementation of multidisciplinary family care plans; (2) addressing State-identified challenges with developing, implementing, and monitoring family care plans; (3) supporting collaboration and coordination across substance abuse agencies, child welfare agencies, maternal and child health agencies, family courts, and other community partners; (4) supporting State efforts to develop information technology systems to manage family care plans; and (5) providing technical assistance in accordance with the infants with prenatal substance-exposure initiative developed by the National Center on Substance Abuse and Child Welfare. (b) Secretary’s report to Congress The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor, the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives that includes, at a minimum, information on— (1) the activities of the Secretary under subsection (a); and (2) the progress of States in developing, implementing, and monitoring family care plans to ensure a public health response to addressing the needs of infants born with, and identified as being affected by, substance use disorder, including alcohol use disorder, and the families of such infants, and as appropriate, recommendations for improving such practices. 404. Grant program authorized (a) In general The Secretary is authorized to award grants to States for the purpose of assisting maternal and child health agencies, child welfare agencies, public health agencies, mental health agencies, social services agencies, substance abuse agencies, health care facilities with labor and delivery units, and health care providers to facilitate collaboration in developing, updating, implementing, and monitoring family care plans described in section 402(c). (b) Distribution of funds (1) Reservations Of the amounts made available to carry out subsection (a), the Secretary shall reserve— (A) no more than 3 percent for the purposes described in subsection (g); and (B) no less than 3 percent for grants to Indian Tribes and Tribal organizations to address the needs of infants identified as being affected by substance use disorder, including alcohol use disorder, and their families or caregivers, which, to the extent practicable, shall be consistent with the uses of funds described under subsection (d). (2) Allotments to states and territories The Secretary shall allot the amount made available to carry out subsection (a) that remains after application of paragraph (1) to each State that applies for such a grant, in an amount equal to the sum of— (A) $500,000; and (B) an amount that bears the same relationship to any funds made available to carry out subsection (a) and remaining after application of paragraph (1) and subparagraph (A), as the number of live births in the State in the previous calendar year bears to the number of live births in all States in such year. (3) Ratable reduction If the amount made available to carry out subsection (a) is insufficient to satisfy the requirements of paragraph (2)(A), the Secretary shall ratably reduce each allotment to a State. (c) Application A State desiring a grant under this subsection shall submit an application to the Secretary at such time and in such manner as the Secretary may require. Such application shall include, at a minimum— (1) a description of— (A) how the lead agency designated under section 402(b) will coordinate with relevant State entities and programs (including maternal and child health providers, the child welfare agency, public health agencies, mental health agencies, the State substance abuse agency, health care facilities with labor and delivery units, health care providers, programs funded by the Substance Abuse and Mental Health Services Administration that provide substance use disorder treatment for women, maternal and child health programs funded by the Health Services Resources Administration, the State Medicaid program, the State agency administering the block grant program under title V of the Social Security Act ( 42 U.S.C. 701 et seq.), the State agency administering the programs funded under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.), the maternal, infant, and early childhood home visiting program under section 511 of the Social Security Act ( 42 U.S.C. 711 ), Early Head Start, the State judicial system, and other agencies, as determined by the Secretary) and any Indian Tribes and Tribal organizations located in the State to develop the application under this subsection and implement the activities under this section; (B) how the State plans to use funds for activities described in subsection (d) for the purposes of meeting the requirements of section 402(c); (C) if applicable, how the State plans to utilize funding authorized under part E of title IV of the Social Security Act ( 42 U.S.C. 670 et seq.) to assist in carrying out any family care plan, including funding authorized under section 471(e) of such Act for mental health and substance use disorder prevention and treatment services and in-home parent skill-based programs and funding authorized under such section 472(j) for children with a parent in a licensed residential family-based treatment facility for substance use disorder; and (D) the treatment and other services and programs available in the State to effectively carry out any family care plan developed, including identification of needed treatment, and other services and programs to ensure the well-being of young children and their families affected by substance use disorder, such as programs carried out under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.) and comprehensive early childhood development services and programs such as Head Start programs; and (2) an assurance that the State will comply with requirements to refer a child identified as substance-exposed to early intervention services as required pursuant to a grant under part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1431 et seq.). (d) Uses of funds Funds awarded to a State under this subsection may be used for the following activities, which may be carried out by the State directly, or through grants or subgrants, contracts, or cooperative agreements: (1) Improving State and local systems with respect to the development and implementation of family care plans, which— (A) shall address the health and substance use disorder treatment needs of the infant and affected family or caregiver and include parent and caregiver engagement, regarding available treatment and service options and include resources available for pregnant, perinatal, and postnatal women; and (B) may include activities such as— (i) developing policies, procedures, or protocols for the administration or development of evidence-based and validated screening tools for infants who may be affected by substance use disorder, including alcohol use disorder, and pregnant, perinatal, and postnatal women whose infants may be affected by substance use disorder, including alcohol use disorder; (ii) improving assessments used to determine the needs of the infant and family; (iii) improving ongoing case management services; (iv) improving access to treatment services, which may be prior to the pregnant woman’s delivery date; (v) keeping families safely together when it is in the best interest of the child; and (vi) developing the notification pathway as an alternative to a child maltreatment report, as described in subsection 402(c)(2). (2) Establishing partnerships, agreements, or memoranda of understanding between the lead agency and other entities (including health professionals, health care facilities, child welfare professionals, juvenile and family court judges, substance use and mental disorder treatment programs, early childhood education programs, maternal and child health and early intervention professionals (including home visiting providers), peer-to-peer recovery programs such as parent mentoring programs, and housing agencies) to facilitate the successful development and implementation of family care plans, including development of plans prior to the expected delivery of the infant, by— (A) developing a comprehensive, multi-disciplinary assessment and intervention process for infants, pregnant women, and their families who are affected by substance use disorder, including alcohol use disorder, that includes meaningful engagement with, and takes into account the unique needs of, each family and addresses differences between medically supervised substance use, including for the treatment of substance use disorder, including alcohol use disorder; (B) ensuring that treatment approaches for serving infants, pregnant women, and perinatal and postnatal women whose infants may be affected by substance use disorder, including alcohol use disorder, are designed to, where appropriate, keep infants with their mothers during both inpatient and outpatient treatment; and (C) increasing access to all evidence-based medications to treat substance use disorder, including alcohol use disorder, including medications for opioid use disorder approved by the Food and Drug Administration, behavioral therapy, and counseling services for the treatment of substance use disorders, as appropriate. (3) Developing policies, procedures, or protocols in consultation and coordination with health professionals, public and private health care facilities, and substance abuse agencies to ensure that— (A) appropriate notification to the appropriate agency determined by the Governor’s office is made in a timely manner, as required under section 402(c)(2); (B) a family care plan is in place, in accordance with section 402(c)(3) before the infant is discharged from the birth or health care facility; and (C) such health and related agency professionals are trained on how to follow such protocols and are aware of the supports that may be provided under a family care plan. (4) Training health professionals and health system leaders, early intervention professionals, child welfare workers, substance abuse treatment agencies, and other related professionals such as home visiting agency staff and law enforcement in relevant topics, including— (A) the referral and process requirements for notification to the appropriate agency as determined by the Governor when child abuse or neglect reporting is not mandated, including training on how such notification pathway is distinct and separate from the pathway used in the State to report child abuse and neglect; (B) the co-occurrence of pregnancy and substance use disorder, and implications of prenatal exposure; (C) the clinical guidance about treating substance use disorder in pregnant and postpartum women; (D) appropriate screening and interventions for infants affected by substance use disorder, including alcohol use disorder, and the requirements section 402(c); and (E) appropriate multigenerational strategies to address the mental health needs of the parent and child together. (5) Developing and updating systems of technology for improved data collection and monitoring of family care plans, including existing electronic medical records, to measure the outcomes achieved through the family care plans, including monitoring systems to meet the requirements of this title and submission of performance measures. (e) Reporting Each State that receives funds under this section, for each year such funds are received, shall submit a report to the Secretary that includes— (1) the impact of substance use disorder in such State, including with respect to the substance or class of substances with the highest incidence of abuse in the previous year in such State, including— (A) the prevalence of substance use disorder in such State; (B) the aggregate rate of births in the State of infants affected by substance use disorder, including alcohol use disorder (as determined by hospitals, insurance claims, claims submitted to the State Medicaid program, or other records), if available and to the extent practicable; (C) the number and percentage of infants identified, for whom a family care plan was developed, and for whom a referral was made for appropriate services; (D) the number and percentage of family care plans developed prior to the expected delivery of an infant affected by substance use disorder, including alcohol use disorder; and (E) the challenges the State faces in developing, implementing, and monitoring family care plans in accordance with section 402(c); (2) data disaggregated by geographic location, economic status, race and ethnicity, except that such disaggregation shall not be required if the results would reveal personally identifiable information on, with respect to infants identified under section 402(c)— (A) the number who experienced removal associated with parental substance use; (B) the number who experienced removal and subsequently are reunified with parents, and the length of time between such removal and reunification; (C) the number who are referred to community providers without a child protection case; (D) the number who receive services while in the care of their birth parents; (E) the number who receive post-reunification services within 1 year after a reunification has occurred; and (F) the number who experienced a return to out-of-home care within 1 year after reunification. (f) Secretary’s report to Congress The Secretary shall submit an annual report to the Committee on Health, Education, Labor, and Pensions and the Committee on Appropriations of the Senate and the Committee on Education and Labor, the Committee on Appropriations of the House of Representatives, and the Committee on Energy and Commerce of the House of Representatives that includes the information described in subsection (e) and recommendations or observations on the challenges, successes, and lessons derived from implementation of the grant program. (g) Evaluation The Secretary shall use the amount reserved under subsection (b)(1)(A) to carry out an independent evaluation to measure the effectiveness of the program assisted under this subsection in— (1) developing comprehensive family care plans to support the needs of infants, children, and families; (2) increasing access to treatment support and other services for mothers with a substance use disorder and their children; (3) providing access to appropriate screening, assessment, and intervention services for infants affected by substance use disorder, including alcohol use disorder; and (4) improving the capacity of health care professionals, child welfare workers, and other personnel involved in the development, implementation, and monitoring of family care plans. 405. Authorization of Appropriations There are authorized to be appropriated to carry out this title $60,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027. . V Adoption Opportunities 501. Purpose Section 201 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5111 ) is amended— (1) by striking the section heading and inserting the following: 201. Purpose ; (2) by striking subsection (a); and (3) in subsection (b)— (A) by striking the following: (b) Purpose ; (B) in the matter preceding paragraph (1), by striking particularly and all that follows through , by providing and inserting particularly for children facing barriers to adoption, by providing ; (C) in paragraph (2), by striking and at the end; (D) in paragraph (3), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (4) support the development and implementation of evidence-based and evidence-informed post-legal adoption services for families that adopt children, in order to increase permanency in adoptive placements; and (5) support the recruitment of racially and ethnically diverse prospective foster and adoptive parents. . 502. Definitions Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 is amended by inserting after section 201 ( 42 U.S.C. 5111 ) the following: 202. Definitions In this title: (1) Child facing a barrier to adoption The term child facing a barrier to adoption includes an older child, a child who is a racial or ethnic minority, a child with a disability, a child or youth who belongs to a population that is the focus of research efforts authorized under section 404N of the 21st Century Cures Act ( 42 U.S.C. 283p ) and defined in Notice NOT–OD–19–139, issued by the National Institutes of Health on August 28, 2019, and a child with special needs as defined in section 473(c) of the Social Security Act ( 42 U.S.C. 673(c) ). (2) Secretary The term Secretary means the Secretary of Health and Human Services. . 503. Information and services Section 203 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5113 ) is amended— (1) by striking subsection (a) and inserting the following: (a) Program authorization (1) In general The Secretary shall establish an appropriate administrative arrangement to provide a centralized focus for carrying out the provisions of this title and for planning and coordinating all departmental activities affecting adoption and foster care, including— (A) services to facilitate the adoption of children facing barriers to adoption; (B) services to families considering adoption of such children; and (C) post-legal adoption services for families to provide permanent and caring home environments for children who would benefit from adoption. (2) Technical assistance The Secretary shall make available such consultant services, on-site technical assistance and personnel, together with payment of appropriate administrative expenses, including salaries and travel costs, as are necessary for carrying out departmental activities described in paragraph (1). ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking connection with ; (B) in paragraph (1), by striking and prepare and all that follows and inserting the following: “including— (A) training, including the continuous improvement and evaluation of such training, on the provision of mental health supports for adoptive families to promote permanency; and (B) the development of information and education and training materials, regarding adoption, adoption assistance programs, and post-legal adoption services, and dissemination of the materials to all interested parties, public and private agencies and organizations (including hospitals, health care and family planning clinics, and social services agencies), and governmental bodies; ; (C) in paragraph (2)— (i) by striking conduct, directly and inserting conduct (directly ; (ii) by striking private organizations, ongoing, extensive recruitment efforts and inserting private agencies or organizations) ongoing, extensive public awareness and recruitment efforts ; (iii) by striking to promote the adoption of older children, minority children, and children with special needs, develop national public awareness efforts to unite and inserting the following: “to— (A) promote the adoption of children facing barriers to adoption; (B) unite ; and (iv) by striking parents, and establish and inserting “parents; and (C) establish ; (D) in paragraph (3)— (i) by striking for (A) the and inserting the following “for— (A) the ; and (ii) by striking and (B) the and inserting the following “and (B) the ; (E) in paragraph (4)— (i) by striking groups and minority groups) and inserting groups and organizations that represent families who are racial or ethnic minorities) ; and (ii) by striking of minorities and inserting of people who are racial or ethnic minorities ; (F) in paragraph (5), by striking corporations and and inserting large and ; (G) in paragraph (7)— (i) by striking increase and inserting identify best practices for ; (ii) by striking for the recruitment of and inserting to recruit ; and (iii) by striking older children and all that follows and inserting children facing barriers to adoption; ; (H) in paragraph (8), by striking in order ; (I) in paragraph (9)— (i) in the matter preceding subparagraph (A), by striking Special Needs and inserting Children Facing Barriers to ; (ii) in subparagraph (A), by inserting people who are racial or ethnic before minorities ; (iii) in subparagraph (B), by striking with special needs and inserting facing barriers to adoption ; and (iv) by striking subparagraph (D) and inserting the following: (D) identify and disseminate best practices to reduce adoption disruption and dissolution, and increase permanency, including best practices related to pre- and post-legal adoption services; ; (J) in paragraph (10)— (i) in the matter preceding subparagraph (A)— (I) by inserting racial or ethnic before minority populations ; (II) by striking minority children and inserting children who are racial or ethnic minorities ; and (III) by striking minority families and inserting racially and ethnically diverse families ; and (ii) in subparagraph (A)— (I) in clause (ii), by striking , including and all that follows and inserting a semicolon; (II) by redesignating clauses (iii) through (ix) as clauses (iv) through (x); (III) by inserting after clause (ii) the following: (iii) developing and using procedures, including family finding strategies, to notify family and relatives when a child enters the child welfare system, and to identify such family and relatives who are willing to adopt or provide a permanent home for such child to improve permanency; ; (IV) in clause (vi), as so redesignated, by inserting , including such groups for prospective kinship caregivers before the semicolon; (V) in clause (vii), as so redesignated, by striking training of personnel and inserting training on working with diverse cultural, racial, linguistic, and socioeconomic communities, for ; (VI) in clause (vii)(III), as so redesignated, by striking with experience and all that follows and inserting a semicolon; (VII) in clause (ix), as so redesignated, by inserting , including such groups for kinship caregivers before the semicolon; and (VIII) in clause (x), as so redesignated, by striking Act and inserting title ; and (K) in paragraph (11)— (i) in the matter preceding subparagraph (A), by inserting Indian Tribes, Tribal organizations, after States, ; (ii) in subparagraph (B), by striking and at the end; (iii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (D) procedures to identify and support potential kinship care arrangements. ; (3) in subsection (c)— (A) by striking the subsection header and inserting the following: (c) Services for families adopting children facing barriers to adoption ; (B) in paragraph (1), by striking special needs children and inserting children facing barriers to adoption ; and (C) in paragraph (2)(G), by inserting , including such parents, children, and siblings in kinship care arrangements before the semicolon; (4) in subsection (d)— (A) by striking the subsection header and inserting the following: (d) Improving placement rate of children in foster care and improving post-Legal adoption support services ; (B) in paragraph (1), by inserting including through the improvement of post-legal adoption services, after adoption, ; (C) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (i), by inserting , including plans to assess the need for and provide post-legal adoption services in order to improve permanency before the semicolon; (II) in clause (ii), by striking older children and all that follows and inserting children facing barriers to adoption, who are legally free for adoption; ; and (III) in clause (iv), by striking section 473 and all that follows and inserting subpart 2 of part B of title IV of the Social Security Act ( 42 U.S.C. 629 et seq.) and part E of such title IV ( 42 U.S.C. 670 et seq.). ; and (ii) in subparagraph (B)— (I) in clause (i), by striking older children and all that follows through special needs, and inserting children facing barriers to adoption; ; and (II) in clause (ii), by striking successful and inserting evidence-based and evidence-informed ; and (D) in paragraph (3)— (i) in subparagraph (A)— (I) by striking the first sentence; and (II) in the last sentence, by striking section 205(a) and inserting section 206(a) ; and (ii) in subparagraph (B), by striking this Act and inserting this title ; and (5) in subsection (e)(1), by inserting before the period at the end the following: , such as through the use of an electronic interstate case processing system . 504. Studies and reports Section 204 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5114 ) is amended to read as follows: 204. Studies and reports (a) Report on the outcomes of individuals who were adopted from foster care Not later than 2 years after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on research and data regarding— (1) the outcomes of individuals who were adopted from foster care as children; and (2) a summary of the post-adoption services available to families that adopted children from foster care including the extent to which such services are evidence-based or evidence-informed. (b) Report on adoption disruption and dissolution (1) In general Not later than 18 months after the date of enactment of the CAPTA Reauthorization Act of 2021 , the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and Labor of the House of Representatives a report on children who enter into foster care under the supervision of a State after prior finalization of an adoption or legal guardianship, including adoptions of foster youth and international adoptions. (2) Information The Secretary shall include in such report information, to the extent that such information is available through the Adoption and Foster Care Analysis and Reporting System and other data sources, regarding the incidence of adoption disruption and dissolution impacting children described in paragraph (1) and factors associated with such circumstances, including— (A) whether affected individuals received pre- or post-legal adoption services; and (B) other relevant information, such as the age of the child involved. . 505. Unregulated custody transfers Title II of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5111 et seq.) is amended— (1) by redesignating section 205 ( 42 U.S.C. 5115 ) as section 206; and (2) by inserting after section 204 the following: 205. Sense of Congress, technical assistance, and report on unregulated custody transfers (a) Sense of Congress It is the sense of Congress that— (1) there are challenges associated with adoptions (including the child’s mental health needs and the difficulties many families face in accessing support services) and some families may seek out an unregulated transfer of physical custody of an adoptive child without any formal supervision by child welfare agencies or courts; (2) some adopted children experience trauma, and the disruption and placement in another home due to such a transfer may contribute to additional trauma and instability for such children; (3) unregulated custody transfers may not include certain safety measures that are required as part of formal adoption proceedings; (4) child welfare agencies and courts may be unaware of the placement of children through unregulated custody transfers and, as a result, may not conduct assessments on children’s safety and well-being in such subsequent placements; (5) the lack of such assessments may result in the placement of children in homes in which the children may be exposed to unsafe environments; (6) the caregivers with whom a child is placed through an unregulated custody transfer may have no legal responsibility with respect to such child and may not have complete records, including the child’s birth, medical, or other records, with respect to such child; (7) a child adopted through intercountry adoption may be at risk of not acquiring United States citizenship if an unregulated custody transfer occurs before the adoptive parents complete all necessary steps to finalize the adoption of such child; (8) unregulated custody transfers pose significant challenges for children who experience such transfers; and (9) the Department of Health and Human Services should support States in preventing, identifying, and responding to unregulated custody transfers, including of adopted children. (b) Technical assistance and public awareness The Secretary, in coordination with the heads of other relevant departments of the Federal Government— (1) shall improve public awareness related to preventing adoption disruption and dissolution, including preventing unregulated custody transfers of adopted children; and (2) in carrying out paragraph (1), may update Federal resources, including internet websites, to provide— (A) employees of State, local, and Tribal agencies that provide child welfare services with education and training materials related to preventing, identifying, and responding to unregulated custody transfers; and (B) families with information on post-legal adoption services from State, local, and private resources to promote child permanency. (c) Report to Congress (1) In general Not later than 1 year after the date of enactment of the CAPTA Reauthorization Act of 2021, the Secretary, in consultation with the Secretary of State, shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on Finance of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on Ways and Means of the House of Representatives, a report on unregulated custody transfers of children, including of adopted children. (2) Elements The report required under paragraph (1) shall include— (A) information on the causes, methods, and characteristics of unregulated custody transfers, including the use of social media and the internet; (B) information on the effects of unregulated custody transfer on children, including the effects of the lack of assessment of a child’s safety and well-being by social services agencies and courts due to such unregulated custody transfer; (C) data on the prevalence of unregulated custody transfers within each State and across all States; and (D) recommended policies for preventing, identifying, and responding to unregulated custody transfers, including of adopted children, that include— (i) suggested changes or updates to Federal and State law to address unregulated custody transfers; (ii) suggested changes or updates to child protection practices to address unregulated custody transfers; and (iii) methods of providing to the public information regarding adoption and child protection. . 506. Authorization of appropriations Section 206 of the Child Abuse Prevention and Treatment and Adoption Reform Act of 1978 ( 42 U.S.C. 5115 ) is amended to read as follows: 206. Authorization of appropriations (a) In general There are authorized to be appropriated $50,000,000 for fiscal year 2022 and such sums as may be necessary for each of fiscal years 2023 through 2027 to carry out programs and activities authorized under this title. (b) Allocation Not less than 35 percent and not more than 50 percent of the funds appropriated under subsection (a) shall be allocated for activities under subsections (b)(10) and (c) of section 203. (c) Availability Funds appropriated pursuant to authorizations in this title shall remain available until expended for the purposes for which the funds were appropriated. . | https://www.govinfo.gov/content/pkg/BILLS-117s1927is/xml/BILLS-117s1927is.xml |
117-s-1928 | II 117th CONGRESS 1st Session S. 1928 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Cortez Masto introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the National and Community Service Act of 1990 to establish a national climate service corps to help communities withstand and respond to changes in the Earth’s climate with respect to natural disasters, and for other purposes.
1. Short title This Act may be cited as the National Climate Service Corps and Careers Network Act of 2021 . 2. Purpose The purpose of this Act is to establish a National Climate Service Corps to carry out national service projects under the National and Community Service Act of 1990 ( 42 U.S.C. 12501 ) in order to— (1) promote climate adaptation, mitigation, and resiliency; (2) provide young adults with opportunities to give back to their communities through meaningful service to their communities and the Nation; (3) mobilize youth and young adults, especially disadvantaged youth, to promote environmental sustainability and mitigate the threat of climate change in their communities; and (4) provide a pathway to employment in the private sector or otherwise within the clean energy economy, following completion of service in the National Climate Service Corps. 3. National Climate Service Corps (a) In general Section 122(a) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(a) ) is amended— (1) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and (2) by inserting after paragraph (3) the following new paragraph: (4) National Climate Service Corps (A) Purpose (i) In general The recipient may carry out national service projects through a National Climate Service Corps that improves community adaptation, mitigation, preparedness, response, and recovery from natural disaster and other trends related to climate change through activities such as those described in subparagraph (B) and improves performance on the indicators described in subparagraph (C). (ii) Selection priority The recipient shall, where appropriate, identify and select projects from communities that are disproportionately impacted by climate and severe weather events, including from communities of color, low-income communities, and Tribal communities. (B) Activities (i) In general A Climate Service Corps described in this paragraph may carry out activities, including— (I) assessing community resilience to the effects of climate change; (II) supporting climate adaptation and mitigation of the negative effects of climate change; (III) environmental sustainability and resiliency; (IV) emergency preparedness; (V) promoting sustainable and resilient communities; (VI) assisting with recovery from disasters to rebuild in a manner that provides improved resilience or adaptation for future climate impacts; (VII) assisting with prevention, recovery, or restoration of wildland, rangeland, and wildland-urban interface areas from the effects of wildfire and associated impacts due to the effects of climate change; or (VIII) other relevant activities, as determined by the Corporation. (ii) Participation In addition to the requirements for participants under section 137, in carrying out national service projects under this paragraph, the recipient shall, to the extent practicable— (I) select as participants— (aa) individuals who are at least 17 but not more than 30 years of age at the time of beginning the term of service, including out of-school youth, disadvantaged youth (such as individuals who are aging out of foster care, individuals who have limited English proficiency, homeless individuals, and individuals with disabilities), and youth from communities of color and Tribal communities; or (bb) veterans who have not reached the age of 36, at the time of beginning the term of service; and (II) provide each participant with team-based, highly structured, and adult-supervised service experience, education, career guidance, and counseling, and employment training, support services, and mentoring. (C) National Climate Service Corps indicators The indicators for a National Climate Service Corps program described in this paragraph are— (i) the number of acres, homes, buildings or infrastructure projects built, retrofitted, improved, treated, or restored for improved resilience, adaptation, or current and future disaster recovery; (ii) the number of individuals educated about, prepared for, and receiving training about natural disasters, other trends related to climate change, or environmentally conscious practices; (iii) the number of individuals assisted, including those rescued, evacuated, or provided shelter; (iv) the number of homes or buildings treated, including those boarded up, tarped, mucked, or gutted during disaster response; (v) the number of trees and plants planted; (vi) the number of new technologies that participants receive training on, and that are utilized and incorporated into resiliency projects; (vii) any additional indicator relating to natural disaster and other trends that the Corporation establishes, in consultation (as appropriate), with the Secretaries of the Departments of the Interior, Agriculture, Commerce, and Defense, the Director of the Federal Emergency Management Agency, and the Administrator of the Environmental Protection Agency; and (viii) any additional local indicator applicable to a particular recipient and on which an improvement in performance is needed related to climate change. . (b) Conforming amendments Section 122 of the National and Community Service Act of 1990 ( 42 U.S.C. 12572 ), as amended by subsection (a), is further amended— (1) in paragraph (b)(3), by striking or (5) and inserting (5), or (6) ; and (2) in paragraph (c)(1), by striking (5) and inserting (6) . 4. Cooperation among States for emergency response (a) Agreements between states States that provide subgrants to State or nonprofit entities that engage in National Climate Service Corps activities under section 122(a)(4) or States that have nonprofit organizations receiving funding under the national service laws and that are engaging in similar activities (referred to as participating States ) may enter into a compact with other participating States to provide for mutual cooperation to manage any emergency or disaster that is duly declared by the affected State. (b) Participating State responsibilities (1) Requests for assistance The authorized representative of a participating State may request assistance of the National Climate Service Corps or of such nonprofit organizations of another participating State by contacting the authorized representative of that State. The provisions of the compact described in subsection (a) shall only apply to requests for assistance made by and to such authorized representatives. (2) Consultation The State officials of participating States shall ensure— (A) that there is frequent consultation between State officials who are assigned emergency management responsibilities, and other appropriate representatives of the participating States, with the relevant officials of affected jurisdictions and with the relevant officials of the Federal Government; and (B) the free exchange of information, plans, and resource records relating to emergency capabilities. 5. Climate Resiliency AMERICORPS VISTA Section 103(a) of the Domestic Volunteer Service Act of 1973 ( 42 U.S.C. 4953(a) ) is amended— (1) in paragraph (12), by striking and at the end; (2) in paragraph (13), by striking the period at the end and inserting ; and ; and (3) after subsection (13), by adding the following: (14) in addressing the capacity of low-income communities to implement projects that increase resilience, adaptation, and mitigation to changes to the environment, including changes due to natural disasters. . 6. Noncompetitive hiring authority A qualified member of the National Climate Service Corps under section 122 of the National and Community Service Act of 1990 ( 42 U.S.C. 12572 ) shall be eligible for appointment in the competitive service in the same manner as a Peace Corps volunteer as prescribed in Executive Order 11103 ( 22 U.S.C. 2504 note, relating to Providing for the Appointment of Former Peace Corps Volunteers to the Civilian Career Services). 7. Climate Careers Network (a) In general As part of the Corporation’s Employers of National Service initiative, the Corporation shall establish a program, in consultation with the Departments of Energy, Agriculture, Education, Labor, Interior, Transportation, the Environmental Protection Agency, the National Oceanic and Atmospheric Administration, and other relevant Federal agencies, as determined to be appropriate by the Corporation, to be known as the Climate Careers Network, to— (1) address the challenge of job placement in a clean energy economy; and (2) support individuals who have completed service in the National Climate Service Corps, as well as individuals in the United States of all ages and backgrounds who want to get involved in growing green industries. (b) Activities of the Climate Careers Network As part of the Climate Careers Network program, the Corporation, in consultation with the Federal agencies described in subsection (a), shall carry out the following activities: (1) Create and maintain a database that outlines opportunities for individuals who have completed service in the National Climate Service Corps and other individuals, and that includes information related to opportunities for those individuals in a clean energy economy. (2) Establish direct partnerships between the Climate Careers Network program and existing infrastructure for relevant training and job placement in order to connect individuals with new jobs and lifelong careers, such as partnerships with 2 or more of the following: (A) Labor organizations or joint labor management organizations. (B) Employers. (C) High schools and adult education programs. (D) Nonprofit organizations with demonstrated success in areas of clean energy and climate change mitigation activities. (E) Institutions of higher education. (F) Community development organizations. (G) State and local workforce development boards established under title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3111 et seq. ). (H) Career and technical education providers, including those that award credentials and build career pathways. (I) Other entities that may provide relevant direct employment opportunities. (c) Definitions In this section: (1) Corporation The term Corporation means the Corporation for National and Community Service established under section 191 of the National and Community Service Act of 1990 ( 42 U.S.C. 12651 ). (2) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (3) National Climate Service Corps The term National Climate Service Corps means the National Climate Service Corps described in section 122(a)(4) of the National and Community Service Act of 1990 ( 42 U.S.C. 12572(a)(4) ), as added by section 3. 8. Matching funds waiver Any otherwise applicable matching funds requirements, including under section 212(a)(1) of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1729(a)(1) ) and under section 121(e) of the National and Community Service Act of 1990 ( 42 U.S.C. 12571(e) ), shall be waived for projects carried out using amounts made available under this Act. 9. Authorization of appropriations There are authorized to be appropriated— (1) $2,000,000,000 for each of fiscal years 2022 through 2026 to carry out section 3; (2) $50,000,000 for each of fiscal years 2022 through 2026 to carry out section 7; and (3) for each of fiscal years 2022 through 2026, such sums as may be necessary to provide national service educational awards under subtitle D of title I of the National and Community Service Act of 1990 ( 42 U.S.C. 12601 et seq. ) for the members of the National Climate Service Corps for such fiscal year. | https://www.govinfo.gov/content/pkg/BILLS-117s1928is/xml/BILLS-117s1928is.xml |
117-s-1929 | II 117th CONGRESS 1st Session S. 1929 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Murphy (for himself and Mr. Sanders ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish collective bargaining rights for college athletes, and for other purposes.
1. Short title This Act may be cited as the College Athlete Right To Organize Act . 2. Findings Congress finds the following: (1) The National Labor Relations Act ( 29 U.S.C. 151 et seq. ) seeks to remedy the inequality of bargaining power between employees and employers primarily through establishing and protecting the rights of employees to self-organize and designate representatives of their own choosing for the purpose of negotiating the terms and conditions of their employment or other mutual aid or protection. (2) Labor organizations often originate to remedy unfair and exploitative labor practices by employers through assisting employees in securing more equitable terms and conditions of their employment, including fair compensation and safe working conditions, which individual employees would be unlikely to negotiate successfully for on their own. (3) Labor organizations serve unique and essential purposes for professional athletes competing in sports leagues, where it is desirable to establish uniform rules and standards across multiple employers. These rules and standards bear significant consequences to the athletes in terms of compensation, health and safety, and the ability or lack thereof for athletes to choose their employer, among other issues related to the athletes’ well-being. (4) The formation of labor organizations representing athletes in professional sports leagues in the United States has helped end exploitative practices by team owners and management, particularly through establishing collective-bargaining agreements that have secured athletes a fair share of the revenues their talent and labor produces, as well as more equitable terms of their employment and protections for their short- and long-term health. (5) College athletes face exploitative and unfair labor practices by the National Collegiate Athletic Association (referred to in this section as the NCAA ) and its member institutions, primarily through the denial of the basic economic and labor rights of such athletes, which the NCAA and its member institutions have justified by defining college athletes as amateurs. (6) The NCAA and its member institutions have denied college athletes a fair wage for their labor by colluding to cap compensation; they maintain strict and exacting control over the terms and conditions of college athletes’ labor; and they exercise the ability to terminate an athlete’s eligibility to compete if the athlete violates these terms and conditions. (7) College athletes exhibit the markers of employment as established under the common law definition of the term employee : They perform a valuable service for their respective colleges under a contract for hire in the form of grant-in-aid agreements; these agreements assert significant control over how athletes perform their work and the conditions under which they work; and they receive compensation in the form of grant-in-aid and stipends in exchange for their athletic services. (8) To establish more equitable terms and conditions for college athletes’ labor, college athletes need representation of their own choosing to negotiate collective-bargaining agreements with their respective colleges and the athletic conferences that help set rules and standards across an entire league. (9) To organize effectively, college athletes must be able to form collective bargaining units across institutions of higher education that compete against each other, including within athletic conferences; and, accordingly, to establish effective collective bargaining rights for college athletes under this Act, the National Labor Relations Act must be amended to cover both private and public institutions of higher education to the extent that college athletes attending such institutions fall within the definition of employee under that Act, as amended by this Act. (10) The Constitution of the United States vests Congress with the power to regulate commerce between the States, and intercollegiate sports, which are maintained by athletic associations that host competitions between colleges across States, involves interstate commerce that generates annual revenue of more than $15,000,000,000. (11) Intercollegiate sports’ significant engagement in interstate commerce justifies application of the National Labor Relations Act ( 29 U.S.C. 151 et seq. ) to regulate the labor market within which public and private institutions of higher education compete and set rules pertaining to the wages and working conditions of college athletes. 3. Collective bargaining rights of college athletes (a) Definitions Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by adding at the end the following: Notwithstanding the previous sentence, the term employer includes a public institution of higher education with respect to the employment of college athlete employees of the institution. ; (2) in paragraph (3), by adding at the end the following: “Any individual who participates in an intercollegiate sport for an institution of higher education, and is a student enrolled in the institution of higher education, shall be considered an employee of the institution of higher education if— (A) the individual receives any form of direct compensation, including grant-in-aid, from the institution of higher education; and (B) any terms or conditions of such compensation require participation in an intercollegiate sport. ; and (3) by adding at the end the following: (15) The term grant-in-aid means a scholarship, grant, or other form of financial assistance that is provided by an institution of higher education to an individual for the individual’s undergraduate or graduate course of study. (16) The term institution of higher education has the meaning given the term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ). (17) The term intercollegiate athletic conference — (A) means any conference, or other group or organization, of institutions of higher education that— (i) exercises authority over intercollegiate sports at such institutions of higher education; and (ii) is engaged in commerce or an industry or activity affecting commerce; and (B) notwithstanding subparagraph (A), does not include the National Collegiate Athletic Association. (18) The term college athlete employee means an individual described in the second sentence of paragraph (3). . (b) Multiemployer bargaining unit Section 9(b) of the National Labor Relations Act ( 29 U.S.C. 159(b) ) is amended by striking the period at the end and inserting the following: : Provided , That, for the purpose of establishing an appropriate bargaining unit for college athlete employees at institutions of higher education in an intercollegiate athletic conference, the Board shall recognize multiple institutions of higher education within an intercollegiate athletic conference as a multiemployer bargaining unit, but only if consented to by the employee representatives for the intercollegiate sports bargaining units at the institutions of higher education that will be included in the multiemployer bargaining unit. . (c) Jurisdiction related to intercollegiate sports Section 14(c)(1) of the National Labor Relations Act ( 29 U.S.C. 164(c)(1) ) is amended by striking Provided , and inserting the following: Provided , That the Board shall exercise jurisdiction over institutions of higher education and college athlete employees of such institutions in relation to all collective bargaining matters under this Act pertaining to such employees, including any representation matter, such as recognizing or establishing a bargaining unit for such employees and any labor dispute involving such institutions and employees: Provided further , . (d) Prohibition on waiver An individual may not enter into any agreement (including a grant-in-aid agreement, as defined in section 3(15) of the National Labor Relations Act ( 29 U.S.C. 152(15) ) or legal settlement that waives or permits noncompliance with this Act or the amendments made by this Act. 4. Treatment of direct compensation for tax purposes and eligibility for Federal financial assistance Nothing in this Act, or an amendment made by this Act, shall— (1) cause any type of direct compensation described in section 2(3) of the National Labor Relations Act ( 29 U.S.C. 152(3) ) that was not previously treated as income for which a tax may be imposed under the Internal Revenue Code of 1986 to become a type of direct compensation for which such a tax may be imposed; (2) cause any individual to be treated as an employee, or cause any amounts received by an individual to be treated as wages, for purposes of any provision in the Internal Revenue Code of 1986 relating to employment taxes or the withholding of taxes by an employer if such individual or amounts would not otherwise be so treated; (3) affect the treatment of qualified scholarships under section 117 of the Internal Revenue Code of 1986; or (4) otherwise affect the treatment of any direct compensation described in such section 2(3) in determining income, including gross income or adjusted gross income, for purposes of— (A) the Internal Revenue Code of 1986, including any reporting requirements under such Code; or (B) determining eligibility for any form of Federal financial assistance, including assistance under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ). 5. Severability If any provision of this Act, an amendment made by this Act, or the application of such provision or amendment to any person or circumstance is held to be unconstitutional, the remainder of this Act and the amendments made by this Act, and the application of the provision or amendment to any other person or circumstance, shall not be affected. | https://www.govinfo.gov/content/pkg/BILLS-117s1929is/xml/BILLS-117s1929is.xml |
117-s-1930 | II 117th CONGRESS 1st Session S. 1930 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Personal Responsibility and Work Opportunity Act of 1996 to clarify that citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who are lawfully residing in the United States are eligible for certain Federal public benefits.
1. Short title This Act may be cited as the Compact Impact Fairness Act of 2021 . 2. Expansion of Federal public benefit eligibility for citizens of Freely Associated States (a) In general Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 ) is amended— (1) in subsection (a)(2), by adding at the end the following: (N) Exception for citizens of freely associated states With respect to eligibility for benefits for any specified Federal program, paragraph (1) shall not apply to any individual who lawfully resides in the United States in accordance with the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. ; and (2) in subsection (b)(2)(G)— (A) in the subparagraph heading, by striking Medicaid exception for and inserting Exception for ; and (B) by striking the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program) and inserting any designated Federal program . (b) Exception to 5-Year wait requirement Section 403(b)(3) of such Act ( 8 U.S.C. 1613(b)(3) ) is amended by striking , but only with respect to the designated Federal program defined in section 402(b)(3)(C) . (c) Definition of qualified alien Section 431(b)(8) of such Act ( 8 U.S.C. 1641(b)(8) ) is amended by striking , but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program) . | https://www.govinfo.gov/content/pkg/BILLS-117s1930is/xml/BILLS-117s1930is.xml |
117-s-1931 | II Calendar No. 64 117th CONGRESS 1st Session S. 1931 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Carper , from the Committee on Environment and Public Works of the Senate , reported the following original bill; which was read twice and placed on the calendar A BILL To amend title 23, United States Code, to authorize funds for Federal-aid highways and highway safety construction programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Surface Transportation Reauthorization Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—Federal-aid highways Subtitle A—Authorizations and programs Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Definitions. Sec. 1104. Apportionment. Sec. 1105. National highway performance program. Sec. 1106. Emergency relief. Sec. 1107. Federal share payable. Sec. 1108. Railway-highway grade crossings. Sec. 1109. Surface transportation block grant program. Sec. 1110. Nationally significant freight and highway projects. Sec. 1111. Highway safety improvement program. Sec. 1112. Federal lands transportation program. Sec. 1113. Federal lands access program. Sec. 1114. National highway freight program. Sec. 1115. Congestion mitigation and air quality improvement program. Sec. 1116. Alaska Highway. Sec. 1117. Toll roads, bridges, tunnels, and ferries. Sec. 1118. Bridge investment program. Sec. 1119. Safe routes to school. Sec. 1120. Highway use tax evasion projects. Sec. 1121. Construction of ferry boats and ferry terminal facilities. Sec. 1122. Vulnerable road user research. Sec. 1123. Wildlife crossing safety. Sec. 1124. Consolidation of programs. Sec. 1125. State freight advisory committees. Sec. 1126. Territorial and Puerto Rico highway program. Sec. 1127. Nationally significant Federal lands and Tribal projects program. Sec. 1128. Tribal high priority projects program. Sec. 1129. Standards. Sec. 1130. Public transportation. Sec. 1131. Rural opportunities to use transportation for economic success council. Sec. 1132. Reservation of certain funds. Sec. 1133. Rural surface transportation grant program. Sec. 1134. Bicycle transportation and pedestrian walkways. Sec. 1135. Recreational trails program. Sec. 1136. Updates to Manual on Uniform Traffic Control Devices. Subtitle B—Planning and performance management Sec. 1201. Transportation planning. Sec. 1202. Fiscal constraint on long-range transportation plans. Sec. 1203. State human capital plans. Sec. 1204. Prioritization process pilot program. Sec. 1205. Travel demand data and modeling. Sec. 1206. Increasing safe and accessible transportation options. Subtitle C—Project delivery and process improvement Sec. 1301. Codification of One Federal Decision. Sec. 1302. Work zone process reviews. Sec. 1303. Transportation management plans. Sec. 1304. Intelligent transportation systems. Sec. 1305. Alternative contracting methods. Sec. 1306. Flexibility for projects. Sec. 1307. Improved Federal-State stewardship and oversight agreements. Sec. 1308. Geomatic data. Sec. 1309. Evaluation of projects within an operational right-of-way. Sec. 1310. Preliminary engineering. Sec. 1311. Efficient implementation of NEPA for Federal land management projects. Sec. 1312. National Environmental Policy Act of 1969 reporting program. Sec. 1313. Surface transportation project delivery program written agreements. Sec. 1314. State assumption of responsibility for categorical exclusions. Sec. 1315. Early utility relocation prior to transportation project environmental review. Sec. 1316. Streamlining of section 4(f) reviews. Sec. 1317. Categorical exclusion for projects of limited Federal assistance. Sec. 1318. Certain gathering lines located on Federal land and Indian land. Sec. 1319. Annual report. Subtitle D—Climate change Sec. 1401. Grants for charging and fueling infrastructure. Sec. 1402. Reduction of truck emissions at port facilities. Sec. 1403. Carbon reduction program. Sec. 1404. Congestion relief program. Sec. 1405. Freight plans. Sec. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. Sec. 1407. Healthy Streets program. Subtitle E—Miscellaneous Sec. 1501. Additional deposits into Highway Trust Fund. Sec. 1502. Stopping threats on pedestrians. Sec. 1503. Transfer and sale of toll credits. Sec. 1504. Study of impacts on roads from self-driving vehicles. Sec. 1505. Disaster relief mobilization study. Sec. 1506. Appalachian Regional Commission. Sec. 1507. Denali Commission. Sec. 1508. Requirements for transportation projects carried out through public-private partnerships. Sec. 1509. Reconnecting communities pilot program. Sec. 1510. Cybersecurity tool; cyber coordinator. Sec. 1511. Report on emerging alternative fuel vehicles and infrastructure. Sec. 1512. Nonhighway recreational fuel study. Sec. 1513. Buy America. Sec. 1514. High priority corridors on the National Highway System. Sec. 1515. Interstate weight limits. Sec. 1516. Report on air quality improvements. Sec. 1517. Roadside highway safety hardware. Sec. 1518. Permeable pavements study. Sec. 1519. Emergency relief projects. Sec. 1520. Study on stormwater best management practices. Sec. 1521. Stormwater best management practices reports. Sec. 1522. Invasive plant elimination program. Sec. 1523. Over-the-road bus tolling equity. Sec. 1524. Bridge terminology. Sec. 1525. Technical corrections. Sec. 1526. Working group on covered resources. Sec. 1527. Blood transport vehicles. Sec. 1528. Pollinator-friendly practices on roadsides and highway rights-of-way. Sec. 1529. Active transportation infrastructure investment program. TITLE II—Transportation infrastructure finance and innovation Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. TITLE III—Research, technology, and education Sec. 3001. Strategic innovation for revenue collection. Sec. 3002. National motor vehicle per-mile user fee pilot. Sec. 3003. Performance management data support program. Sec. 3004. Data integration pilot program. Sec. 3005. Emerging technology research pilot program. Sec. 3006. Research and technology development and deployment. Sec. 3007. Workforce development, training, and education. Sec. 3008. Wildlife-vehicle collision research. Sec. 3009. Transportation Resilience and Adaptation Centers of Excellence. Sec. 3010. Transportation access pilot program. TITLE IV—Indian Affairs Sec. 4001. Definition of Secretary. Sec. 4002. Environmental reviews for certain tribal transportation facilities. Sec. 4003. Programmatic agreements for tribal categorical exclusions. Sec. 4004. Use of certain tribal transportation funds. Sec. 4005. Bureau of Indian Affairs road maintenance program. Sec. 4006. Study of road maintenance on Indian land. Sec. 4007. Maintenance of certain Indian reservation roads. Sec. 4008. Tribal transportation safety needs. Sec. 4009. Office of Tribal Government Affairs. 2. Definitions In this Act: (1) Department The term Department means the Department of Transportation. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Effective date This Act and the amendments made by this Act take effect on October 1, 2021. I Federal-aid highways A Authorizations and programs 1101. Authorization of appropriations (a) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title— (A) $52,488,065,375 for fiscal year 2022; (B) $53,537,826,683 for fiscal year 2023; (C) $54,608,583,217 for fiscal year 2024; (D) $55,700,754,881 for fiscal year 2025; and (E) $56,814,769,844 for fiscal year 2026. (2) Transportation infrastructure finance and innovation program For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. (3) Federal lands and tribal transportation programs (A) Tribal transportation program For the tribal transportation program under section 202 of title 23, United States Code— (i) $578,460,000 for fiscal year 2022; (ii) $589,960,000 for fiscal year 2023; (iii) $602,460,000 for fiscal year 2024; (iv) $612,960,000 for fiscal year 2025; and (v) $627,960,000 for fiscal year 2026. (B) Federal lands transportation program (i) In general For the Federal lands transportation program under section 203 of title 23, United States Code— (I) $421,965,000 for fiscal year 2022; (II) $429,965,000 for fiscal year 2023; (III) $438,965,000 for fiscal year 2024; (IV) $447,965,000 for fiscal year 2025; and (V) $455,965,000 for fiscal year 2026. (ii) Allocation Of the amount made available for a fiscal year under clause (i)— (I) the amount for the National Park Service is— (aa) $332,427,450 for fiscal year 2022; (bb) $338,867,450 for fiscal year 2023; (cc) $346,237,450 for fiscal year 2024; (dd) $353,607,450 for fiscal year 2025; and (ee) $360,047,450 for fiscal year 2026; (II) the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and (III) the amount for the Forest Service is— (aa) $24,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $26,000,000 for fiscal year 2024; (dd) $27,000,000 for fiscal year 2025; and (ee) $28,000,000 for fiscal year 2026. (C) Federal lands access program For the Federal lands access program under section 204 of title 23, United States Code— (i) $285,975,000 for fiscal year 2022; (ii) $291,975,000 for fiscal year 2023; (iii) $296,975,000 for fiscal year 2024; (iv) $303,975,000 for fiscal year 2025; and (v) $308,975,000 for fiscal year 2026. (4) Territorial and puerto rico highway program For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code— (A) $219,000,000 for fiscal year 2022; (B) $224,000,000 for fiscal year 2023; (C) $228,000,000 for fiscal year 2024; (D) $232,500,000 for fiscal year 2025; and (E) $237,000,000 for fiscal year 2026. (5) Nationally significant freight and highway projects For nationally significant freight and highway projects under section 117 of title 23, United States Code— (A) $1,000,000,000 for fiscal year 2022; (B) $1,000,000,000 for fiscal year 2023; (C) $1,000,000,000 for fiscal year 2024; (D) $900,000,000 for fiscal year 2025; and (E) $900,000,000 for fiscal year 2026. (b) Other programs (1) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Bridge investment program To carry out the bridge investment program under section 124 of title 23, United States Code— (i) $600,000,000 for fiscal year 2022; (ii) $640,000,000 for fiscal year 2023; (iii) $650,000,000 for fiscal year 2024; (iv) $675,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (B) Congestion relief program To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (C) Charging and fueling infrastructure grants To carry out section 151(f) of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $400,000,000 for fiscal year 2023; (iii) $500,000,000 for fiscal year 2024; (iv) $600,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (D) Rural surface transportation grant program To carry out the rural surface transportation grant program under section 173 of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $350,000,000 for fiscal year 2023; (iii) $400,000,000 for fiscal year 2024; (iv) $450,000,000 for fiscal year 2025; and (v) $500,000,000 for fiscal year 2026. (E) PROTECT grants (i) In general To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026— (I) $250,000,000 for fiscal year 2022; (II) $250,000,000 for fiscal year 2023; (III) $300,000,000 for fiscal year 2024; (IV) $300,000,000 for fiscal year 2025; and (V) $300,000,000 for fiscal year 2026. (ii) Allocation Of the amounts made available under clause (i)— (I) for planning grants under paragraph (3) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; (II) for resilience improvement grants under paragraph (4)(A) of that subsection— (aa) $175,000,000 for fiscal year 2022; (bb) $175,000,000 for fiscal year 2023; (cc) $210,000,000 for fiscal year 2024; (dd) $210,000,000 for fiscal year 2025; and (ee) $210,000,000 for fiscal year 2026; (III) for community resilience and evacuation route grants under paragraph (4)(B) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; and (IV) for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026. (F) Reduction of truck emissions at port facilities (i) In general To carry out the reduction of truck emissions at port facilities under section 1402, $50,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (G) Nationally significant Federal lands and Tribal projects (i) In general To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ), $55,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (2) General fund (A) Bridge investment program (i) In general In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code— (I) $600,000,000 for fiscal year 2022; (II) $640,000,000 for fiscal year 2023; (III) $650,000,000 for fiscal year 2024; (IV) $675,000,000 for fiscal year 2025; and (V) $700,000,000 for fiscal year 2026. (ii) Allocation Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A). (B) Nationally significant Federal lands and Tribal projects program In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ) $300,000,000 for each of fiscal years 2022 through 2026. (C) Healthy Streets program There is authorized to be appropriated to carry out the Healthy Streets program under section 1407 $100,000,000 for each of fiscal years 2022 through 2026. (D) Transportation Resilience and Adaptation Centers of Excellence There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. (E) Open challenge and research proposal pilot program There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 3006(e) $15,000,000 for each of fiscal years 2022 through 2026. (c) Research, technology, and education authorizations (1) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Highway research and development program To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026. (B) Technology and innovation deployment program To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (C) Training and education To carry out section 504 of title 23, United States Code— (i) $25,000,000 for fiscal year 2022; (ii) $25,250,000 for fiscal year 2023; (iii) $25,500,000 for fiscal year 2024; (iv) $25,750,000 for fiscal year 2025; and (v) $26,000,000 for fiscal year 2026. (D) Intelligent transportation systems program To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (E) University transportation centers program To carry out section 5505 of title 49, United States Code— (i) $80,000,000 for fiscal year 2022; (ii) $80,500,000 for fiscal year 2023; (iii) $81,000,000 for fiscal year 2024; (iv) $81,500,000 for fiscal year 2025; and (v) $82,000,000 for fiscal year 2026. (F) Bureau of transportation statistics To carry out chapter 63 of title 49, United States Code— (i) $26,000,000 for fiscal year 2022; (ii) $26,250,000 for fiscal year 2023; (iii) $26,500,000 for fiscal year 2024; (iv) $26,750,000 for fiscal year 2025; and (v) $27,000,000 for fiscal year 2026. (2) Administration The Federal Highway Administration shall— (A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D). (3) Applicability of title 23, United States Code Amounts authorized to be appropriated by paragraph (1) shall— (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and (B) remain available until expended and not be transferable, except as otherwise provided by this Act. (d) Pilot programs The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Wildlife crossings pilot program For the wildlife crossings pilot program under section 171 of title 23, United States Code— (A) $60,000,000 for fiscal year 2022; (B) $65,000,000 for fiscal year 2023; (C) $70,000,000 for fiscal year 2024; (D) $75,000,000 for fiscal year 2025; and (E) $80,000,000 for fiscal year 2026. (2) Prioritization process pilot program (A) In general For the prioritization process pilot program under section 1204, $10,000,000 for each of fiscal years 2022 through 2026. (B) Treatment Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (3) Reconnecting communities pilot program (A) Planning grants For planning grants under the reconnecting communities pilot program under section 1509(c), $30,000,000 for each of fiscal years 2022 through 2026. (B) Capital construction grants For capital construction grants under the reconnecting communities pilot program under section 1509(d)— (i) $65,000,000 for fiscal year 2022; (ii) $68,000,000 for fiscal year 2023; (iii) $70,000,000 for fiscal year 2024; (iv) $72,000,000 for fiscal year 2025; and (v) $75,000,000 for fiscal year 2026. (C) Treatment Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended. (e) Disadvantaged business enterprises (1) Findings Congress finds that— (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions In this subsection: (A) Small business concern (i) In general The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (ii) Exclusions The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Amounts for small business concerns Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this Act (other than section 4004) and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) Annual listing of disadvantaged business enterprises Each State shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification (A) In general The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) Reporting The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. (8) Sense of congress on prompt payment of DBE subcontractors It is the sense of Congress that— (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly available. 1102. Obligation ceiling (a) General limitation Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— (1) $57,473,430,072 for fiscal year 2022; (2) $58,764,510,674 for fiscal year 2023; (3) $60,095,782,888 for fiscal year 2024; (4) $61,314,170,545 for fiscal year 2025; and (5) $62,657,105,821 for fiscal year 2026. (b) Exceptions The limitations under subsection (a) shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); (13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and (14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of obligation authority For each of fiscal years 2022 through 2026, the Secretary— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 175, 176(c), 202, or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 175, 176(c), 202, or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 175, 176(c), 202, and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d) Redistribution of unused obligation authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026— (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 ; 126 Stat. 405)) and 104 of title 23, United States Code. (e) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under sections 175, 176(c), and 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 1103. Definitions Section 101(a) of title 23, United States Code, is amended— (1) in paragraph (4)— (A) in subparagraph (A), by inserting assessing resilience, after surveying, ; (B) in subparagraph (G), by striking and at the end; (C) by redesignating subparagraph (H) as subparagraph (I); and (D) by inserting after subparagraph (G) the following: (H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and ; (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively; (3) by inserting after paragraph (16) the following: (17) Natural infrastructure The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and— (A) is created through the action of natural physical, geological, biological, and chemical processes over time; (B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes. ; (4) by inserting after paragraph (23) (as so redesignated) the following: (24) Resilience The term resilience , with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— (A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters. ; and (5) in subparagraph (A) of paragraph (32) (as so redesignated)— (A) by striking the period at the end and inserting ; and ; (B) by striking through the implementation and inserting the following: “through— (i) the implementation ; and (C) by adding at the end the following: (ii) the consideration of incorporating natural infrastructure. . 1104. Apportionment (a) Administrative expenses Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. . (b) Division among programs of State share Section 104(b) of title 23, United States Code, is amended in subsection (b)— (1) in the matter preceding paragraph (1), by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 ; (2) in paragraph (1), by striking 63.7 percent and inserting 59.0771195921461 percent ; (3) in paragraph (2), by striking 29.3 percent and inserting 28.7402203421251 percent ; (4) in paragraph (3), by striking 7 percent and inserting 6.70605141316253 percent ; (5) by striking paragraph (4) and inserting the following: (4) Congestion mitigation and air quality improvement program (A) In general For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). (B) Total amount The total amount for the congestion mitigation and air quality improvement program for all States shall be— (i) $2,536,490,803 for fiscal year 2022; (ii) $2,587,220,620 for fiscal year 2023; (iii) $2,638,965,032 for fiscal year 2024; (iv) $2,691,744,332 for fiscal year 2025; and (v) $2,745,579,213 for fiscal year 2026. (C) State share For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that— (i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States for that program for fiscal year 2020. ; (6) in paragraph (5)— (A) by striking subparagraph (B) and inserting the following: (B) Total amount The total amount set aside for the national highway freight program for all States shall be— (i) $1,373,932,519 for fiscal year 2022; (ii) $1,401,411,169 for fiscal year 2023; (iii) $1,429,439,392 for fiscal year 2024; (iv) $1,458,028,180 for fiscal year 2025; and (v) $1,487,188,740 for fiscal year 2026. ; and (B) by striking subparagraph (D); and (7) by striking paragraph (6) and inserting the following: (6) Metropolitan planning (A) In general To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). (B) Total amount The total amount for metropolitan planning for all States shall be— (i) $ 438,121,139 for fiscal year 2022; (ii) $446,883,562 for fiscal year 2023; (iii) $455,821,233 for fiscal year 2024; (iv) $464,937,657 for fiscal year 2025; and (v) $474,236,409 for fiscal year 2026. (C) State share For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that— (i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. (7) Carbon reduction program For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (8) PROTECT formula program To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). . (c) Calculation of amounts Section 104(c) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking each of fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ; (B) in subparagraph (A)— (i) by striking clause (i) and inserting the following: (i) the base apportionment; by ; and (ii) in clause (ii)(I), by striking fiscal year 2015 and inserting fiscal year 2021 ; and (C) by striking subparagraph (B) and inserting the following: (B) Guaranteed amounts The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is— (i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— (I) attributable to highway users in the State; and (II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; (ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and (iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year. ; and (2) in paragraph (2)— (A) by striking fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ; and (B) by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 . (d) Metropolitan planning Section 104(d)(1)(A) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of subsection (b) each place it appears and inserting subsection (b)(6) . (e) Supplemental funds Section 104 of title 23, United States Code, is amended by striking subsection (h). (f) Base apportionment defined Section 104 of title 23, United States Code, is amended— (1) by redesignating subsection (i) as subsection (h); and (2) in subsection (h) (as so redesignated)— (A) by striking means in the matter preceding paragraph (1) and all that follows through the combined amount in paragraph (1) and inserting means the combined amount ; (B) by striking and to carry out section 134; minus and inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. ; and (C) by striking paragraph (2). 1105. National highway performance program Section 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, or other natural disasters. ; (2) in subsection (d)(2), by adding at the end the following: (Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section. (R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2). (S) Implement activities to protect segments of the National Highway System from cybersecurity threats. ; (3) in subsection (e)(4)(D), by striking analysis and inserting analyses, both of which shall take into consideration extreme weather and resilience ; and (4) by adding at the end the following: (k) Protective features (1) In general A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters. (2) Protective features described A protective feature referred to in paragraph (1) includes— (A) raising roadway grades; (B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) lengthening or raising bridges to increase waterway openings; (F) increasing the size or number of drainage structures; (G) replacing culverts with bridges or upsizing culverts; (H) installing seismic retrofits on bridges; (I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters. (3) Savings provision Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1). . 1106. Emergency relief Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting wildfire, after severe storm, ; (2) by striking subsection (b) and inserting the following: (b) Restriction on eligibility Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ; and (ii) by striking a facility that meets the current and inserting the following: “a facility that— (i) meets the current ; and (iii) by adding at the end the following: (ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) Protective features (A) In general The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described A protective feature referred to in subparagraph (A) includes— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) lengthening or raising bridges to increase waterway openings; (vi) increasing the size or number of drainage structures; (vii) replacing culverts with bridges or upsizing culverts; (viii) installing seismic retrofits on bridges; (ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. . 1107. Federal share payable Section 120 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), in the first sentence, by inserting vehicle-to-infrastructure communication equipment, after breakaway utility poles, ; (B) in subparagraph (3)(B)— (i) in clause (v), by striking or at the end; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or ; and (C) by adding at the end the following: (4) Pooled funding Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether— (A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and (B) the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations. ; (2) in subsection (e)— (A) in paragraph (1), by striking 180 days and inserting 270 days ; and (B) in paragraph (4), by striking permanent ; and (3) by adding at the end the following: (l) Federal share flexibility pilot program (1) Establishment Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a pilot program (referred to in this subsection as the pilot program ) to give States additional flexibility with respect to the Federal requirements under this section. (2) Program (A) In general Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a participating State ) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following: (i) The national highway performance program under section 119. (ii) The surface transportation block grant program under section 133. (iii) The highway safety improvement program under section 148. (iv) The congestion mitigation and air quality improvement program under section 149. (v) The national highway freight program under section 167. (vi) The carbon reduction program under section 175. (vii) Subsection (c) of the PROTECT program under section 176. (B) Requirements (i) Maximum Federal share Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent. (ii) Minimum Federal share No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent. (iii) Determination The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. (C) Selection (i) Application A State seeking to be a participating State shall— (I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and (II) have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program. (ii) Requirement For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States. . 1108. Railway-highway grade crossings (a) In general Section 130(e) of title 23, United States Code, is amended— (1) in the heading, by striking protective devices and inserting railway-Highway grade crossings ; and (2) in paragraph (1)— (A) in subparagraph (A), by striking and the installation of protective devices at railway-highway crossings in the matter preceding clause (i) and all that follows through 2020. in clause (v) and inserting the following: , the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026. ; and (B) by striking subparagraph (B) and inserting the following: (B) Reducing trespassing fatalities and injuries A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings. . (b) Federal share Section 130(f)(3) of title 23, United States Code, is amended by striking 90 percent and inserting 100 percent . (c) Incentive payments for at-grade crossing closures Section 130(i)(3)(B) of title 23, United States Code, is amended by striking $7,500 and inserting $100,000 . (d) Expenditure of funds Section 130(k) of title 23, United States Code, is amended by striking 2 percent and inserting 8 percent . (e) GAO study Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code. (f) Sense of Congress relating to trespasser deaths along railroad rights-of-way It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings. 1109. Surface transportation block grant program (a) In general Section 133 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B)— (I) by adding or at the end; (II) by striking facilities eligible and inserting the following: “facilities— (i) that are eligible ; and (III) by adding at the end the following: (ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D); ; (ii) in subparagraph (E), by striking and at the end; (iii) in subparagraph (F), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (G) wildlife crossing structures. ; (B) in paragraph (3), by inserting 148(a)(4)(B)(xvii), after 119(g), ; (C) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively; (D) in paragraph (5) (as so redesignated), by striking railway-highway grade crossings and inserting projects eligible under section 130 and installation of safety barriers and nets on bridges ; (E) in paragraph (7) (as so redesignated)— (i) by inserting including the maintenance and restoration of existing recreational trails, after section 206 ; and (ii) by striking the safe routes to school program under section 1404 of SAFETEA–LU ( 23 U.S.C. 402 note) and inserting the safe routes to school program under section 208 ; (F) by inserting after paragraph (13) (as so redesignated) the following: (14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. (15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. (16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. (17) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. (18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. (19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats. ; and (G) by adding at the end the following: (23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j). (24) Projects to enhance travel and tourism. ; (2) in subsection (c)— (A) in paragraph (2), by striking paragraphs (4) through (11) and inserting paragraphs (5) through (15) and paragraph (23) ; (B) in paragraph (3), by striking and at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: (4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and ; (3) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking reservation and inserting set aside ; and (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking the percentage specified in paragraph (6) for a fiscal year and inserting 55 percent for each of fiscal years 2022 through 2026 ; and (II) by striking clauses (ii) and (iii) and inserting the following: (ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population less than 5,000; and ; (B) by striking paragraph (3) and inserting the following: (3) Local consultation (A) Consultation with metropolitan planning organizations For purposes of clause (ii) of paragraph (1)(A), a State shall— (i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and (ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. (B) Consultation with regional transportation planning organizations For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. ; and (C) by striking paragraph (6); (4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (5) in subsection (f)— (A) in paragraph (1)— (i) by inserting or low water crossing (as defined by the Secretary) after a highway bridge ; and (ii) by inserting or low water crossing (as defined by the Secretary) after other than a bridge ; (B) in paragraph (2)(A)— (i) by striking activities described in subsection (b)(2) for off-system bridges and inserting activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary), ; and (ii) by striking 15 percent and inserting 20 percent ; and (C) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking bridge or rehabilitation of a bridge and inserting bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge ; and (ii) by inserting or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location after no longer a deficient bridge ; (6) in subsection (g)— (A) in the subsection heading, by striking less than 5,000 and inserting less than 50,000 ; and (B) by striking paragraph (1) and inserting the following: (1) In general Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on— (A) roads functionally classified as rural minor collectors or local roads; or (B) on critical rural freight corridors designated under section 167(e). ; and (7) by adding at the end the following: (j) Rural barge landing, dock, and waterfront infrastructure projects (1) In general A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2). (2) Eligible projects An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )) that is off the road system. (k) Projects in rural areas (1) Set aside Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be— (A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or (B) transferred to— (i) the Appalachian Highway System Program under 14501 of title 40; or (ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ). (2) Savings clause Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization. . (b) Set-aside (1) In general Section 133(h) of title 23, United States Code, is amended— (A) in paragraph (1)— (i) in the heading, by striking Reservation of funds and inserting In general ; and (ii) in the matter preceding subparagraph (A), by striking for each fiscal year and all that follows through and at the end of subparagraph (A)(ii) and inserting the following: “for fiscal year 2022 and each fiscal year thereafter— (A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and ; (B) by striking paragraph (2) and inserting the following: (2) Allocation within a State (A) In general Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))— (i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and (ii) paragraph (3) of subsection (d) shall not apply. (B) Local control A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if— (i) the State submits to the Secretary a plan that describes— (I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; (II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; (III) the legal, financial, and technical capacity of the entities described in subclause (I); (IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and (V) how the State will comply with paragraph (8); and (ii) the Secretary approves the plan submitted under clause (i). ; (C) by striking paragraph (3) and inserting the following: (3) Eligible projects Funds set aside under this subsection may be obligated for— (A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312); (B) projects and activities under the safe routes to school program under section 208; and (C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)). ; (D) in paragraph (4)— (i) by striking subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (A); (iii) in subparagraph (A) (as so redesignated)— (I) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (II) by inserting after clause (vi) the following: (vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer; ; (III) in clause (viii) (as so redesignated), by striking responsible and all that follows through programs; and and inserting a semicolon; (IV) in clause (ix) (as so redesignated)— (aa) by inserting that serves an urbanized area with a population of over 200,000 after metropolitan planning organization ; and (bb) by striking the period at the end and inserting ; and ; and (V) by adding at the end the following: (x) a State, at the request of an entity described in clauses (i) through (ix). ; and (iv) by adding at the end the following: (B) Competitive process A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. (C) Selection A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. (D) Prioritization The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas. ; (E) in paragraph (5)(A), by striking reserved under this section and inserting set aside under this subsection ; (F) in paragraph (6)— (i) in subparagraph (B), by striking reserved and inserting set aside ; and (ii) by adding at the end the following: (C) Improving accessibility and efficiency (i) In general A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing— (I) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and (II) funding for 1 or more full-time State employee positions to administer this subsection. (ii) Use of funds Amounts used under clause (i) may be expended— (I) directly by the State; or (II) through contracts with State agencies, private entities, or nonprofit entities. ; (G) by redesignating paragraph (7) as paragraph (8); (H) by inserting after paragraph (6) the following: (7) Federal share (A) Required aggregate non-Federal share The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. (B) Flexible financing Subject to subparagraph (A), notwithstanding section 120— (i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project— (I) is an eligible project described in section 148(e)(1); and (II) is consistent with the State strategic highway safety plan (as defined in section 148(a)); (ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and (iii) the Federal share of the cost of an individual project in this section may be up to 100 percent. (C) Requirement Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph. ; and (I) in subparagraph (A) of paragraph (8) (as so redesignated)— (i) in the matter preceding clause (i), by striking describes and inserting includes ; and (ii) by striking clause (ii) and inserting the following: (ii) a list of each project selected for funding for each fiscal year, including, for each project— (I) the fiscal year during which the project was selected; (II) the fiscal year in which the project is anticipated to be funded; (III) the recipient; (IV) the location, including the congressional district; (V) the type; (VI) the cost; and (VII) a brief description. . (2) State transferability Section 126(b)(2) of title 23, United States Code, is amended— (A) by striking the period at the end and inserting ; and ; (B) by striking reserved for a State under section 133(h) for a fiscal year may and inserting the following: “set aside for a State under section 133(h) for a fiscal year— (A) may ; and (C) by adding at the end the following: (B) may only be transferred if the Secretary certifies that the State— (i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; (ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and (iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred. . 1110. Nationally significant freight and highway projects (a) In general Section 117 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by inserting in and across rural and urban areas after people ; and (B) in subparagraph (F), by inserting , including highways that support movement of energy equipment after security ; (2) in subsection (b), by adding at the end the following: (3) Grant administration The Secretary may— (A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section. ; (3) in subsection (c)(1)— (A) by redesignating subparagraph (H) as subparagraph (I); and (B) by inserting after subparagraph (G) the following: (H) A multistate corridor organization. ; (4) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (iii)(II), by striking or at the end; (ii) in clause (iv), by striking and at the end; and (iii) by adding at the end the following: (v) a wildlife crossing project; (vi) a surface transportation infrastructure project that— (I) is located within the boundaries of or functionally connected to an international border crossing area in the United States; (II) improves a transportation facility owned by a Federal, State, or local government entity; and (III) increases throughput efficiency of the border crossing described in subclause (I), including— (aa) a project to add lanes; (bb) a project to add technology; and (cc) other surface transportation improvements; or (vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and ; and (B) in paragraph (2)(A), in the matter preceding clause (i)— (i) by striking $500,000,000 and inserting 30 percent ; and (ii) by striking fiscal years 2016 through 2020, in the aggregate, and inserting each of fiscal years 2022 through 2026 ; and (5) in subsection (e)— (A) in paragraph (1), by striking 10 percent and inserting not less than 15 percent ; (B) in paragraph (3)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. ; and (C) by adding at the end the following: (4) Requirement Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)). ; (6) in subsection (h)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades; (5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and (6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section. ; (7) in subsection (i)(2), by striking other grants under this section and inserting grants under subsection (e) ; (8) in subsection (j)— (A) by striking the subsection designation and heading and all that follows through The Federal share in paragraph (1) and inserting the following: (j) Federal assistance (1) Federal share (A) In general Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share ; (B) in paragraph (1), by adding at the end the following: (B) Small projects In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent. ; and (C) in paragraph (2)— (i) by striking Federal assistance other and inserting Except for grants under subsection (q), Federal assistance other ; and (ii) by striking except that the total Federal and inserting the following: except that— (A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and (B) for a State not described in subparagraph (A), the total Federal ; (9) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively; (10) by inserting after subsection (j) the following: (k) Efficient use of non-Federal funds (1) In general Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (2) Requirements (A) Application In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including— (i) a description of the activities the grant recipient intends to fund; (ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (iii) the level of risk of the activities described in clause (i). (B) Approval The Secretary shall approve or disapprove each request submitted under subparagraph (A). (C) Compliance with applicable requirements Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement. (3) Effect The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not— (A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1). ; (11) by inserting after subsection (n) (as so redesignated) the following: (o) Applicant notification (1) In general Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected. (2) Inclusion A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide— (A) detail on the evaluation of the application of the eligible applicant; and (B) an explanation of and guidance on the reasons the application was not selected for a grant under this section. (3) Response (A) In general Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief. (B) Debrief If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief. ; and (12) by striking subsection (p) (as so redesignated) and inserting the following: (p) Reports (1) Annual report (A) In general Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section. (B) Inclusions The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets. (C) Availability The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A). (D) Applicability This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. (B) Report Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section— (i) the process by which each project was selected; (ii) the factors that went into the selection of each project; and (iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section. (3) Inspector general Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall— (A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A). (q) State incentives pilot program (1) Establishment There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the pilot program ). (2) Priority In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. (3) Federal share (A) In general Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. (B) No federal involvement (i) In general For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A). (ii) Exception An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds. (4) Reservation (A) In general Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. (B) Unutilized amounts In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section. (5) Set-asides (A) Small projects (i) In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e). (ii) Requirement For a grant awarded from the amount reserved under clause (i)— (I) the requirements of subsection (e) shall apply; and (II) the requirements of subsection (g) shall not apply. (B) Rural projects (i) In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i). (ii) Requirement For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply. (6) Report to congress Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including— (A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program; (B) the number, types, and locations of grant recipients under the pilot program; (C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and (D) any recommendations for modifications to the pilot program. (r) Multistate corridor organization defined For purposes of this section, the term multistate corridor organization means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. . (b) Efficient use of non-Federal funds (1) In general Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. (2) Grant described A grant referred to in paragraph (1) is a grant that is— (A) provided under a competitive discretionary grant program administered by the Federal Highway Administration; (B) for a project eligible under title 23, United States Code; and (C) in an amount greater than $5,000,000. 1111. Highway safety improvement program (a) In general Section 148 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4)(B)— (i) in clause (i), by inserting that provides for the safety of all road users, as appropriate, including a multimodal roundabout after improvement ; (ii) in clause (vi), by inserting or a grade separation project after devices ; (iii) by striking clause (viii) and inserting the following: (viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds. ; (iv) by striking clause (xxvi) and inserting the following: (xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals. ; and (v) by striking clauses (xxvii) and (xxviii) and inserting the following: (xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. (xxviii) A pedestrian security feature designed to slow or stop a motor vehicle. (xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii). ; (B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively; (C) by inserting after paragraph (8) the following: (9) Safe system approach The term safe system approach means a roadway design— (A) that emphasizes minimizing the risk of injury or fatality to road users; and (B) that— (i) takes into consideration the possibility and likelihood of human error; (ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and (iii) takes into consideration vulnerable road users. ; (D) by inserting after paragraph (10) (as so redesignated) the following: (11) Specified safety project (A) In general The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. (B) Inclusion The term specified safety project includes a project that— (i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); (ii) facilitates enforcement of traffic safety laws; (iii) provides infrastructure and infrastructure-related equipment to support emergency services; (iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or (v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2). ; (E) in paragraph (13) (as so redesignated)— (i) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and (ii) by inserting after subparagraph (F) the following; (G) includes a vulnerable road user safety assessment; ; and (F) by adding at the end the following: (15) Vulnerable road user The term vulnerable road user means a nonmotorist— (A) with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or (B) described in the term number of non-motorized serious injuries in that section. (16) Vulnerable road user safety assessment The term vulnerable road user safety assessment means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l). ; (2) in subsection (c)— (A) in paragraph (1)(A), by striking subsections (a)(11) and inserting subsections (a)(13) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by inserting and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users after crashes ; (ii) in subparagraph (B)(i), by striking (including motorcyclists), bicyclists, pedestrians, and inserting , vulnerable road users (including motorcyclists, bicyclists, pedestrians), ; and (iii) in subparagraph (D)— (I) in clause (iv), by striking and at the end; (II) in clause (v), by striking the semicolon at the end and inserting ; and ; and (III) by adding at the end the following: (vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users; ; (3) in subsection (d)(2)(B)(i), by striking subsection (a)(11) and inserting subsection (a)(13) ; (4) in subsection (e), by adding at the end the following: (3) Flexible funding for specified safety projects (A) In general To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. (B) Rule of construction Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. (C) Effect of paragraph (i) Requirements A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. (ii) Other apportioned programs Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project. ; (5) in subsection (g), by adding at the end the following: (3) Vulnerable road user safety If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users. ; and (6) by adding at the end the following: (l) Vulnerable road user safety assessment (1) In general Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. (2) Contents A vulnerable road user safety assessment under paragraph (1) shall include— (A) a quantitative analysis of vulnerable road user fatalities and serious injuries that— (i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day; (ii) considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and (iii) based on the data, identifies areas as high-risk to vulnerable road users; and (B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii). (3) Use of data In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. (4) Requirements In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall— (A) take into consideration a safe system approach; and (B) consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). (5) Update A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). (6) Requirement for transportation system access The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. (7) Guidance (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. (B) Consultation In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders. . (b) High-risk rural roads (1) Study Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). (2) Publication of report Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). (3) Best practices manual Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). 1112. Federal lands transportation program Section 203(a) of title 23, United States Code, is amended— (1) in paragraph (1)(D), by striking $10,000,000 and inserting $20,000,000 ; and (2) by adding at the end the following: (6) Native plant materials In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable— (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. . 1113. Federal lands access program (a) Federal share Section 201 of title 23, United States Code, is amended— (1) in subsection (b)(7)(B), by striking determined in accordance with section 120 , and inserting be up to 100 percent ; and (2) in subsection (c)(8)(A), by striking 5 percent and inserting 20 percent . (b) Federal lands access program Section 204(a) of title 23, United States Code, is amended— (1) in paragraph (1)(A)— (A) in the matter preceding clause (i), by inserting context-sensitive solutions, after restoration, ; (B) in clause (i), by inserting , including interpretive panels in or adjacent to those areas after areas ; (C) in clause (v), by striking and at the end; (D) by redesignating clause (vi) as clause (ix); and (E) by inserting after clause (v) the following: (vi) contextual wayfinding markers; (vii) landscaping; (viii) cooperative mitigation of visual blight, including screening or removal; and ; and (2) by adding at the end the following: (6) Native plant materials In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable— (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. . 1114. National highway freight program Section 167 of title 23, United States Code, is amended— (1) in subsection (e)— (A) in paragraph (2), by striking 150 miles and inserting 300 miles ; and (B) by adding at the end the following: (3) Rural states Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater. ; (2) in subsection (f)(4), by striking 75 miles and inserting 150 miles ; and (3) in subsection (i)(5)(B)— (A) in the matter preceding clause (i), by striking 10 percent and inserting 30 percent ; (B) in clause (i), by striking and at the end; (C) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and (iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions. . 1115. Congestion mitigation and air quality improvement program Section 149 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (m)(1)(B)(ii) (B) in paragraph (7), by inserting shared micromobility (including bikesharing and shared scooter systems), after carsharing, ; (C) in paragraph (8)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting replacements or before retrofits ; (II) by striking clause (i) and inserting the following: (i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ( 42 U.S.C. 16131 )) for motor vehicles (as defined in section 216 of the Clean Air Act ( 42 U.S.C. 7550 )); or ; and (III) in clause (ii)(II), by striking or at the end; and (ii) in subparagraph (B), by inserting replacements or before retrofits ; and (iii) by adding at the end the following: (C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment; ; (D) in paragraph (9), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (10) if the project is for the modernization or rehabilitation of a lock and dam that— (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or (11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that— (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard. ; (2) in subsection (c), by adding at the end the following: (4) Locks and dams; marine highways For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b). ; (3) in subsection (f)(4)(A), by inserting and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations after motor vehicles ; (4) in subsection (g)— (A) in paragraph (1)(B)— (i) in the subparagraph heading, by inserting replacement or before retrofit ; (ii) by striking The term diesel retrofit and inserting The term diesel replacement or retrofit ; and (iii) by inserting or retrofit after replacement ; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting replacement or before retrofit ; and (C) in paragraph (3), by inserting replacements or before retrofits ; (5) in subsection (k)(1), by striking that reduce such fine particulate matter emissions in such area, including diesel retrofits. and inserting “that— (A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and (B) to the extent practicable, prioritize benefits to minority populations or low-income populations living in, or immediately adjacent to, such area. ; (6) in subsection (l), by adding at the following: (3) Assistance to metropolitan planning organizations (A) In general On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection. (B) Savings provision Nothing in this paragraph provides the Secretary the authority— (i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or (ii) to establish any other Federal requirement. ; and (7) by striking subsection (m) and inserting the following: (m) Operating assistance (1) In general A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs— (A) under chapter 53 of title 49; or (B) on— (i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or (ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note; Public Law 110–432 ) and no current nonattainment areas under subsection (d). (2) No time limitation Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for— (A) a route described in subparagraph (B)(ii) of that paragraph; or (B) a transit system that is located in— (i) a non-urbanized area; or (ii) an urbanized area with a population of 200,000 or fewer. . 1116. Alaska Highway Section 218 of title 23, United States Code, is amended to read as follows: 218. Alaska Highway (a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021 ) that provides, in part, that the Canadian Government— (1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; (2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; (3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; (4) will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the United States and Canada; and (5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. (b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. (c) For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. . 1117. Toll roads, bridges, tunnels, and ferries (a) In general Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking the construction of ferry boats and ferry terminal facilities, whether toll or free, and inserting the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip, . (b) Diesel fuel ferry vessels (1) In general Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State. (2) Sunset The authority provided by paragraph (1) shall terminate on September 30, 2025. 1118. Bridge investment program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: 124. Bridge investment program (a) Definitions In this section: (1) Eligible project (A) In general The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). (B) Inclusions The term eligible project includes— (i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and (ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. (2) Large project The term large project means an eligible project with total eligible project costs of greater than $100,000,000. (3) Program The term program means the bridge investment program established by subsection (b)(1). (b) Establishment of bridge investment program (1) In general There is established a bridge investment program to provide financial assistance for eligible projects under this section. (2) Goals The goals of the program shall be— (A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; (B) to improve the condition of bridges in the United States by reducing— (i) the number of bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (ii) the total person miles traveled over bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (iii) the number of bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (iv) the total person miles traveled over bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. (c) Grant authority (1) In general In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section. (2) Grant amounts Except as otherwise provided, a grant under the program shall be— (A) in the case of a large project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $50,000,000; and (B) in the case of any other eligible project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $2,500,000. (3) Maximum amount Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be— (A) in the case of a large project, not more than 50 percent; and (B) in the case of any other eligible project, not more than 80 percent. (4) Federal share (A) Maximum Federal involvement Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. (B) Off-system bridges In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))— (i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and (ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. (C) Federal land management agencies and Tribal governments Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments. (5) Considerations (A) In general In awarding grants under the program, the Secretary shall consider— (i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); (ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii); (iii) the average daily person and freight throughput supported by the eligible project; (iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; (v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; (vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog; (vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and (viii) the extent to which a bridge that would be assisted with a grant— (I) is, without that assistance— (aa) at risk of falling into or remaining in poor condition; or (bb) in fair condition and at risk of falling into poor condition within the next 3 years; (II) does not meet current geometric design standards based on— (aa) the current use of the bridge; or (bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or (III) does not meet current seismic design standards. (B) Requirement The Secretary shall— (i) give priority to an application for an eligible project that is located within a State for which— (I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and (II) fewer than 2 grants have been awarded for eligible projects within the State under the program; (ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select— (I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or (II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and (iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). (6) Culvert limitation Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. (d) Eligible entity The Secretary may make a grant under the program to any of the following: (1) A State or a group of States. (2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. (3) A unit of local government or a group of local governments. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function. (6) A Federal land management agency. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (e) Eligible project requirements The Secretary may make a grant under the program only to an eligible entity for an eligible project that— (1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B); (2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and (3) is based on the results of preliminary engineering. (f) Competitive process and evaluation of eligible projects other than large projects (1) Competitive process (A) In general The Secretary shall— (i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and (ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). (B) Requirements In carrying out subparagraph (A), the Secretary shall— (i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and (ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. (2) Applications An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Evaluation (A) In general Prior to providing a grant under this subsection, the Secretary shall— (i) conduct an evaluation of each eligible project for which an application is received under this subsection; and (ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). (B) Requirements In carrying out an evaluation under subparagraph (A), the Secretary shall— (i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary— (I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (III) safety benefits, including the reduction of accidents and related costs; (IV) person and freight mobility benefits, including congestion reduction and reliability improvements; (V) national or regional economic benefits; (VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (VIII) environmental benefits, including wildlife connectivity; (IX) benefits to nonvehicular and public transportation users; (X) benefits of using— (aa) innovative design and construction techniques; or (bb) innovative technologies; or (XI) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; and (ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. (g) Competitive process, evaluation, and annual report for large projects (1) In general (A) Applications The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6). (B) First fiscal year Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement. (2) Information required The information referred to in paragraph (1) includes— (A) all necessary information required for the Secretary to evaluate the large project; and (B) information sufficient for the Secretary to determine that— (i) the large project meets the applicable requirements under this section; and (ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. (3) Determination; notice On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to— (A) the eligible entity that submitted the application; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committee on Transportation and Infrastructure of the House of Representatives. (4) Evaluation The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project— (A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); (B) will generate, as determined by the Secretary— (i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (iii) safety benefits, including the reduction of accidents and related costs; (iv) person and freight mobility benefits, including congestion reduction and reliability improvements; (v) national or regional economic benefits; (vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (viii) environmental benefits, including wildlife connectivity; (ix) benefits to nonvehicular and public transportation users; (x) benefits of using— (I) innovative design and construction techniques; or (II) innovative technologies; or (xi) reductions in maintenance costs, including, in the case of a federally-owned bridge, cost savings to the Federal budget; (C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; (D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and (E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. (5) Ratings (A) In general The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high , medium-high , medium , medium-low , and low ) for each of— (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (B) Requirement To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A). (C) Interim methodology In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of— (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (6) Annual report on funding recommendations for large projects (A) In general Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes— (i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; (ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); (iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including— (I) scheduled payments under previously signed multiyear grant agreements under subsection (j); (II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and (III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and (iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project. (B) Limitations (i) In general The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. (ii) General fund projects The Secretary— (I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but (II) shall not execute a grant agreement for that project unless— (aa) funds other than from the Highway Trust Fund have been made available for the project; and (bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. (C) Considerations In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall— (i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and (ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. (D) Project diversity In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on— (i) the amount of the grant requested; and (ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects. (h) Eligible project costs A grant received for an eligible project under the program may be used for— (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and (3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection. (i) TIFIA program On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. (j) Multiyear grant agreements for large projects (1) In general A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. (2) Requirements A multiyear grant agreement for a large project described in paragraph (1) shall— (A) establish the terms of participation by the Federal Government in the project; (B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c); (C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; (D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and (E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations). (3) Special financial rules (A) In general A multiyear grant agreement under this subsection— (i) shall obligate an amount of available budget authority specified in law; and (ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. (B) Statement of contingent commitment The agreement shall state that the contingent commitment is not an obligation of the Federal Government. (C) Interest and other financing costs (i) In general Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. (ii) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (4) Advance payment Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement— (A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and (B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. (k) Undertaking parts of projects in advance under letters of no prejudice (1) In general The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if— (A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; (B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) has been issued for the eligible project; and (C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements. (2) Interest and other financing costs (A) In general For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. (B) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A). (3) No obligation or influence on recommendations An approval by the Secretary under paragraph (1)(A) shall not— (A) constitute an obligation of the Federal Government; or (B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. (l) Federally-owned bridges (1) Divestiture consideration In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency— (A) shall consider options to divest the bridge to a State or local entity after completion of the project; and (B) may apply jointly with the State or local entity to which the bridge may be divested. (2) Treatment Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. (m) Congressional notification Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes— (1) an evaluation and justification for the eligible project; and (2) the amount of the proposed grant. (n) Reports (1) Annual report Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. (2) GAO assessment and report Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Comptroller General of the United States shall— (A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and (ii) the justification and criteria used for the selection of each eligible project. (o) Limitation (1) Large projects Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. (2) Unutilized amounts If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year. (p) Tribal transportation facility bridge set aside (1) In general Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)— (A) $16,000,000 for fiscal year 2022; (B) $18,000,000 for fiscal year 2023; (C) $20,000,000 for fiscal year 2024; (D) $22,000,000 for fiscal year 2025; and (E) $24,000,000 for fiscal year 2026. (2) Treatment For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following: 124. Bridge investment program. . 1119. Safe routes to school (a) In general Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following: 208. Safe routes to school (a) Definitions In this section: (1) In the vicinity of schools The term in the vicinity of schools , with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school. (2) Primary, middle, and high schools The term primary, middle, and high schools means schools providing education from kindergarten through 12th grade. (b) Establishment Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. (c) Purposes The purposes of the program established under subsection (b) shall be— (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; (2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. (d) Apportionment of funds (1) In general Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that— (A) the total student enrollment in primary, middle, and high schools in each State; bears to (B) the total student enrollment in primary, middle, and high schools in all States. (2) Minimum apportionment No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. (3) Set-aside for administrative expenses Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section. (4) Determination of student enrollments Determinations under this subsection relating to student enrollments shall be made by the Secretary. (e) Administration of amounts Amounts apportioned to a State under this section shall be administered by the State department of transportation. (f) Eligible recipients Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. (g) Eligible projects and activities (1) Infrastructure-related projects (A) In general Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (B) Location of projects Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. (2) Noninfrastructure-related activities (A) In general In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. (B) Allocation Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. (3) Safe routes to school coordinator Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State. (h) Clearinghouse (1) In general The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools— (A) to operate a national safe routes to school clearinghouse; (B) to develop information and educational programs on safe routes to school; and (C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. (2) Funding The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). (i) Treatment of projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1. . (b) Conforming amendments (1) The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following: 208. Safe routes to school. . (2) Section 1404 of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ) is repealed. (3) The table of contents in section 1(b) of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144) is amended by striking the item relating to section 1404. 1120. Highway use tax evasion projects Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 1121. Construction of ferry boats and ferry terminal facilities Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: (h) Authorization of appropriations There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section— (1) $110,000,000 for fiscal year 2022; (2) $112,000,000 for fiscal year 2023; (3) $114,000,000 for fiscal year 2024; (4) $116,000,000 for fiscal year 2025; and (5) $118,000,000 for fiscal year 2026. . 1122. Vulnerable road user research (a) Definitions In this subsection: (1) Administrator The term Administrator means the Secretary, acting through the Administrator of the Federal Highway Administration. (2) Vulnerable road user The term vulnerable road user has the meaning given the term in section 148(a) of title 23, United States Code. (b) Establishment of research plan The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to— (1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context; (2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking; (3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and (4) other research areas to be determined by the Administrator. (c) Vulnerable road user assessments The Administrator shall— (1) review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and (2) in the first progress update under subsection (d)(2), provide— (A) the results of the determination described in paragraph (1); and (B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. (d) Submission; publication (1) Submission of plan Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (b). (2) Progress updates Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)— (A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and (B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2). 1123. Wildlife crossing safety (a) Declaration of policy Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting resilient, after efficient, . (b) Wildlife crossings pilot program (1) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Wildlife crossings pilot program (a) Finding Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because— (1) according to the report of the Federal Highway Administration entitled Wildlife-Vehicle Collision Reduction Study , there are more than 1,000,000 wildlife-vehicle collisions every year; (2) wildlife-vehicle collisions— (A) present a danger to— (i) human safety; and (ii) wildlife survival; and (B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; and (3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and (4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians. (b) Establishment The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the pilot program ) to provide grants for projects that seek to achieve— (1) a reduction in the number of wildlife-vehicle collisions; and (2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species. (c) Eligible entities An entity eligible to apply for a grant under the pilot program is— (1) a State highway agency, or an equivalent of that agency; (2) a metropolitan planning organization (as defined in section 134(b)); (3) a unit of local government; (4) a regional transportation authority; (5) a special purpose district or public authority with a transportation function, including a port authority; (6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); (7) a Federal land management agency; or (8) a group of any of the entities described in paragraphs (1) through (7). (d) Applications (1) In general To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application. (3) Guidance To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife. (e) Considerations In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following: (1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. (2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following: (A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships. (B) Supporting local economic development and improvement of visitation opportunities. (C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species. (D) Provision of educational and outreach opportunities. (E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects. (F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph. (f) Use of funds (1) In general The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions. (2) Grant administration (A) In general A grant received under the pilot program shall be administered by— (i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ))), the Federal Highway Administration, through an agreement; and (ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. (B) Partnerships (i) In general A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement. (ii) Eligible partners described The eligible partners referred to in clause (i) include— (I) a metropolitan planning organization (as defined in section 134(b)); (II) a unit of local government; (III) a regional transportation authority; (IV) a special purpose district or public authority with a transportation function, including a port authority; (V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); (VI) a Federal land management agency; (VII) a foundation, nongovernmental organization, or institution of higher education; (VIII) a Federal, Tribal, regional, or State government entity; and (IX) a group of any of the entities described in subclauses (I) through (VIII). (3) Compliance An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds. (g) Requirement The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. (h) Annual report to Congress (1) In general Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year. (2) Contents The report under paragraph (1) shall include— (A) a detailed description of the activities carried out under the pilot program; (B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and (C) policy recommendations to improve the effectiveness of the pilot program. . (2) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: 171. Wildlife crossings pilot program. . (c) Wildlife vehicle collision reduction and habitat connectivity improvement (1) In general Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following: 172. Wildlife-vehicle collision reduction and habitat connectivity improvement (a) Study (1) In general The Secretary shall conduct a study (referred to in this subsection as the study ) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions ). (2) Contents (A) Areas of study The study shall— (i) update and expand on, as appropriate— (I) the report entitled Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress ; and (II) the document entitled Wildlife Vehicle Collision Reduction Study: Best Practices Manual and dated October 2008; and (ii) include— (I) an assessment, as of the date of the study, of— (aa) the causes of wildlife-vehicle collisions; (bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and (cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and (II) solutions and best practices for— (aa) reducing wildlife-vehicle collisions; and (bb) improving habitat connectivity for terrestrial and aquatic species. (B) Methods In carrying out the study, the Secretary shall— (i) conduct a thorough review of research and data relating to— (I) wildlife-vehicle collisions; and (II) habitat fragmentation that results from transportation infrastructure; (ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and (iii) consult with— (I) appropriate experts in the field of wildlife-vehicle collisions; and (II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species. (3) Report (A) In general Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report on the results of the study. (B) Contents The report under subparagraph (A) shall include— (i) a description of— (I) the causes of wildlife-vehicle collisions; (II) the impacts of wildlife-vehicle collisions; and (III) the impacts of roads and traffic on— (aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (bb) species identified by States as species of greatest conservation need; (cc) species identified in State wildlife plans; and (dd) medium and small terrestrial and aquatic species; (ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners; (iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and (iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan— (I) to address wildlife-vehicle collisions; and (II) to improve habitat connectivity for terrestrial and aquatic species. (b) Workforce development and technical training (1) In general Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses— (A) to reduce wildlife-vehicle collisions; and (B) to improve habitat connectivity for terrestrial and aquatic species. (2) Availability The Secretary shall— (A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and (B) update the series of courses not less frequently than once every 2 years. (c) Standardization of wildlife collision and carcass data (1) Standardized methodology (A) In general The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary ), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost. (B) Methodology In developing the standardized methodology under subparagraph (A), the Secretary shall— (i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and (ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection. (C) Consultation In developing the standardized methodology under subparagraph (A), the Secretary shall consult with— (i) the Secretary of the Interior; (ii) the Secretary of Agriculture, acting through the Chief of the Forest Service; (iii) Tribal, State, and local transportation and wildlife authorities; (iv) metropolitan planning organizations (as defined in section 134(b)); (v) members of the American Association of State Highway Transportation Officials; (vi) members of the Association of Fish and Wildlife Agencies; (vii) experts in the field of wildlife-vehicle collisions; (viii) nongovernmental organizations; and (ix) other interested stakeholders, as appropriate. (2) Standardized national data system with voluntary template implementation The Secretary shall— (A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and (B) encourage the voluntary implementation of the template developed under subparagraph (A). (3) Reports (A) Methodology The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of— (i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 ; and (ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology. (B) Implementation Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report describing— (i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A); (ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities— (I) to reduce the number of wildlife-vehicle collisions; and (II) to improve habitat connectivity; (iii) the degree of the impact described in clause (ii); and (iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any. (d) National threshold guidance The Secretary shall— (1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration— (A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk; (B) highway-related mortality and the effects of traffic on the highway on— (i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq.); (ii) species identified by a State as species of greatest conservation need; (iii) species identified in State wildlife plans; and (iv) medium and small terrestrial and aquatic species; and (C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species. . (2) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) is amended by inserting after the item relating to section 171 the following: 172. Wildlife-vehicle collision reduction and habitat connectivity improvement. . (d) Wildlife crossings standards Section 109(c)(2) of title 23, United States Code, is amended— (1) in subparagraph (E), by striking and at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) the publication of the Federal Highway Administration entitled Wildlife Crossing Structure Handbook: Design and Evaluation in North America and dated March 2011; and . (e) Wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards Section 144 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting , resilience, after safety ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) to ensure adequate passage of aquatic and terrestrial species, where appropriate. ; (2) in subsection (b)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species. ; and (3) in subsection (i), by adding at the end the following: (3) Requirement The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential. . 1124. Consolidation of programs Section 1519(a) of MAP–21 ( Public Law 112–141 ; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 1125. State freight advisory committees Section 70201 of title 49, United States Code, is amended— (1) in subsection (a), by striking representatives of ports, freight railroads, and all that follows through the period at the end and inserting the following: representatives of— (1) ports, if applicable; (2) freight railroads, if applicable; (3) shippers; (4) carriers; (5) freight-related associations; (6) third-party logistics providers; (7) the freight industry workforce; (8) the transportation department of the State; (9) metropolitan planning organizations; (10) local governments; (11) the environmental protection department of the State, if applicable; (12) the air resources board of the State, if applicable; and (13) economic development agencies of the State. ; (2) in subsection (b)(5), by striking 70202. and inserting 70202, including by providing advice regarding the development of the freight investment plan. ; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following: (b) Qualifications Each member of a freight advisory committee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable— (1) general business and financial experience; (2) experience or qualifications in the areas of freight transportation and logistics; (3) experience in transportation planning; (4) experience representing employees of the freight industry; or (5) experience representing a State, local government, or metropolitan planning organization. . 1126. Territorial and Puerto Rico highway program Section 165 of title 23, United States Code, is amended— (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) for the Puerto Rico highway program under subsection (b)— (A) $173,010,000 shall be for fiscal year 2022; (B) $176,960,000 shall be for fiscal year 2023; (C) $180,120,000 shall be for fiscal year 2024; (D) $183,675,000 shall be for fiscal year 2025; and (E) $187,230,000 shall be for fiscal year 2026; and (2) for the territorial highway program under subsection (c)— (A) $45,990,000 shall be for fiscal year 2022; (B) $47,040,000 shall be for fiscal year 2023; (C) $47,880,000 shall be for fiscal year 2024; (D) $48,825,000 shall be for fiscal year 2025; and (E) $49,770,000 shall be for fiscal year 2026. ; (2) in subsection (b)(2)(C)(iii), by inserting and preventative maintenance on the National Highway System after chapter 1 ; and (3) in subsection (c)(7), by striking paragraphs (1) through (4) of section 133(c) and section 133(b)(12) and inserting paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13) . 1127. Nationally significant Federal lands and Tribal projects program Section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ) is amended— (1) in subsection (c)(3), by striking $25,000,000 and all that follows through the period at the end and inserting $12,500,000. ; (2) in subsection (g)— (A) by striking the subsection designation and heading and all that follows through The Federal in paragraph (1) and inserting the following: (g) Cost share (1) Federal share (A) In general Except as provided in subparagraph (B), the Federal ; (B) in paragraph (1), by adding at the end the following: (B) Tribal projects In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent. ; and (C) in paragraph (2), by striking other than those made available under title 23 or title 49, United States Code, ; and (3) by striking subsection (h) and inserting the following: (h) Use of funds (1) In general For each fiscal year, of the amounts made available to carry out this section— (A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and (B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). (2) Requirement Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. (3) Availability Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. . 1128. Tribal high priority projects program Section 1123(h) of MAP–21 ( 23 U.S.C. 202 note; Public Law 112–141 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking paragraph (1) and inserting paragraphs (1) and (2) ; and (3) by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: (h) Funding (1) Set-aside For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026. . 1129. Standards Section 109 of title 23, United States Code, is amended— (1) in subsection (d)— (A) by striking (d) On any and inserting the following: (d) Manual on Uniform Traffic Control Devices (1) In general On any ; (B) in paragraph (1) (as so designated), by striking promote the safe and inserting promote the safety, inclusion, and mobility of all users ; and (C) by adding at the end the following: (2) Updates Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices. ; (2) in subsection (o)— (A) by striking Projects and inserting: (A) In general Projects ; and (B) by inserting at the end the following: (B) Local jurisdictions Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws. ; and (3) by adding at the end the following: (s) Electric vehicle charging stations (1) Standards Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum— (A) non-proprietary charging connectors that meet applicable industry safety standards; and (B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider. (2) Treatment of projects Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway. . 1130. Public transportation (a) In general Section 142(a) of title 23, United States Code, is amended by adding at the end the following: (3) Bus corridors In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of— (A) traffic signaling and prioritization systems; (B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor; (C) on-street stations; (D) fare collection systems; (E) information and wayfinding systems; and (F) depots. . (b) Technical correction Section 142 of title 23, United States Code, is amended by striking subsection (i). 1131. Rural opportunities to use transportation for economic success council (a) Definitions In this section: (1) Council The term Council means the Rural Opportunities to Use Transportation for Economic Success Council, or the ROUTES Council, established under subsection (b). (2) Disadvantaged rural community The term disadvantaged rural community means a community— (A) in a rural area; and (B) the annual median household income of which is less than 80 percent of the annual median household income of the State in which the community is located. (3) Discretionary funding and financing programs The term discretionary funding and financing programs means— (A) the programs described in section 116(d)(1) of title 49, United States Code; and (B) any other program of the Department, as determined by the Secretary. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Rural area The term rural area means an area that is outside an urbanized area with a population of over 200,000. (b) Establishment The Secretary shall establish in the Department a council, to be known as the Rural Opportunities to Use Transportation for Economic Success Council , or the ROUTES Council , to coordinate with— (1) modal administrations and offices of the Department; and (2) other Federal agencies, as appropriate— (A) to ensure that the unique transportation needs and attributes of rural areas, Indian Tribes, and disadvantaged rural communities are fully addressed during the development and implementation of programs, policies, and activities of the Department; (B) to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the qualify of life of, rural areas, Indian Tribes, and disadvantaged rural communities; and (C) to provide rural areas, Indian Tribes, and disadvantaged rural communities with proactive outreach— (i) to improve access to discretionary funding and financing programs; and (ii) to facilitate timely resolution on environmental reviews for complex or high-priority projects. (c) Membership; chairperson The Council shall be composed of— (1) the Deputy Secretary of Transportation, who shall serve as the chairperson of the Council; (2) the Under Secretary of Transportation for Policy; (3) the General Counsel of the Department; (4) the Chief Financial Officer and Assistant Secretary for Budget and Programs; (5) the Assistant Secretary for Research and Technology; (6) the Assistant Secretary for Transportation Policy; (7) the Deputy Assistant Secretary for Tribal Government Affairs; (8) the Administrator of each of— (A) the Federal Highway Administration; (B) the Federal Railroad Administration; and (C) the Federal Transit Administration; and (9) such other individuals, who shall serve as at-large members, as the Secretary may designate. (d) Duties The Council shall— (1) educate and provide technical assistance to rural areas, Indian Tribes, and disadvantaged rural communities with respect to discretionary funding and financing programs; (2) carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas, Indian Tribes, and disadvantaged rural communities; (3) gather input from knowledgeable entities and the public relating to— (A) the benefits of transportation projects to rural areas, Indian Tribes, and disadvantaged rural communities; and (B) the barriers to advancing those projects; and (4) perform such other duties, as determined by the Secretary. (e) Additional staffing The Secretary shall ensure the Council has adequate staff support to carry out the duties of the Council under subsection (d). (f) Report The Council shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that describes the activities carried out by the Council under subsection (d). 1132. Reservation of certain funds (a) Open container requirements Section 154(c)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking 2012 and inserting 2022 ; (2) by striking subparagraph (A) and inserting the following: (A) Reservation of funds (i) In general On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). (ii) States described A State referred to in clause (i) is a State— (I) that has not enacted or is not enforcing an open container law described in subsection (b); and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b). ; and (3) in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) . (b) Repeat intoxicated driver laws Section 164(b)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking 2012 and inserting 2022 ; (2) by striking subparagraph (A) and inserting the following: (A) Reservation of funds (i) In general On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). (ii) States described A State referred to in clause (i) is a State— (I) that has not enacted or is not enforcing a repeat intoxicated driver law; and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law. ; and (3) in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) . 1133. Rural surface transportation grant program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1123(c)(1)), is amended by adding at the end the following: 173. Rural surface transportation grant program (a) Definitions In this section: (1) Program The term program means the program established under subsection (b)(1). (2) Rural area The term rural area means an area that is outside an urbanized area with a population of over 200,000. (b) Establishment (1) In general The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. (2) Goals The goals of the program shall be— (A) to increase connectivity; (B) to improve the safety and reliability of the movement of people and freight; and (C) to generate regional economic growth and improve quality of life. (3) Grant administration The Secretary may— (A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program. (c) Eligible entities The Secretary may make a grant under the program to— (1) a State; (2) a regional transportation planning organization; (3) a unit of local government; (4) a Tribal government or a consortium of Tribal governments; and (5) a multijurisdictional group of entities described in paragraphs (1) through (4). (d) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. (e) Eligible projects (1) In general Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is— (A) a highway, bridge, or tunnel project eligible under section 119(d); (B) a highway, bridge, or tunnel project eligible under section 133(b); (C) a project eligible under section 202(a); (D) a highway freight project eligible under section 167(h)(5); (E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a)); (F) a project on a publicly-owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or (G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. (2) Bundling of eligible projects (A) In general An eligible entity may bundle 2 or more similar eligible projects under the program that are— (i) included as a bundled project in a statewide transportation improvement program under section 135; and (ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. (B) Itemization Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135. (f) Eligible project costs An eligible entity may use funds from a grant under the program for— (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (g) Project requirements The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project— (1) will generate regional economic, mobility, or safety benefits; (2) will be cost effective; (3) will contribute to the accomplishment of 1 or more of the national goals under section 150; (4) is based on the results of preliminary engineering; and (5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. (h) Additional considerations In providing grants under the program, the Secretary shall consider the extent to which an eligible project will— (1) improve the state of good repair of existing highway, bridge, and tunnel facilities; (2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas; (3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021)); (4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; (5) contribute to geographic diversity among grant recipients; (6) utilize innovative project delivery approaches or incorporate transportation technologies; (7) coordinate with projects to address broadband infrastructure needs; or (8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources. (i) Grant amount Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000. (j) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent. (2) Federal share for certain projects The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ) shall be up to 100 percent, as determined by the State. (3) Use of other Federal assistance Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program. (k) Set asides (1) Small projects The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000. (2) Appalachian development highway system The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40. (3) Rural roadway lane departures The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary. (4) Excess funding In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program. (l) Congressional review (1) Notification Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) a list of all applications determined to be eligible for a grant by the Secretary; (B) each application proposed to be selected for a grant, including a justification for the selection; and (C) proposed grant amounts. (2) Committee review Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary. (3) Congressional disapproval The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). (m) Transparency (1) In general Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1). (2) Briefing The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program. (n) Reports (1) Annual report The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year. (B) Report Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year— (i) the adequacy and fairness of the process by which each project was selected, if applicable; and (ii) the justification and criteria used for the selection of each project, if applicable. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section (1123(c)(2)), is amended by inserting after the item relating to section 172 the following: 173. Rural surface transportation grant program. . 1134. Bicycle transportation and pedestrian walkways Section 217 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking pedestrian walkways and bicycle and inserting pedestrian walkways and bicycle and shared micromobility ; and (B) by striking safe bicycle use and inserting safe access for bicyclists and pedestrians ; (2) in subsection (d), by striking a position and inserting up to 2 positions ; (3) in subsection (e), by striking bicycles each place it appears and inserting pedestrians or bicyclists ; (4) in subsection (f), by striking and a bicycle and inserting or a bicycle or shared micromobility ; and (5) in subsection (j), by striking paragraph (2) and inserting the following: (2) Electric bicycle (A) In general The term electric bicycle means a bicycle— (i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; (ii) that can safely share a bicycle transportation facility with other users of such facility; and (iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. (B) Classes of electric bicycles (i) Class 1 electric bicycle For purposes of subparagraph (A)(iii), the term class 1 electric bicycle means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (ii) Class 2 electric bicycle For purposes of subparagraph (A)(iii), the term class 2 electric bicycle means an electric bicycle equipped with a motor that— (I) may be used exclusively to propel the bicycle; and (II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (iii) Class 3 electric bicycle For purposes of subparagraph (A)(iii), the term class 3 electric bicycle means an electric bicycle equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour. . 1135. Recreational trails program Section 206 of title 23, United States Code, is amended by adding at the end the following: (j) Use of other apportioned funds Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section. . 1136. Updates to Manual on Uniform Traffic Control Devices In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for— (1) the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code); (2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets; (3) appropriate use of variable message signs to enhance public safety; (4) the minimum retroreflectivity of traffic control devices and pavement markings; and (5) any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices. B Planning and performance management 1201. Transportation planning (a) Metropolitan transportation planning Section 134 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (3), by adding at the end the following: (D) Considerations In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area. ; and (B) in paragraph (7)— (i) by striking an existing metropolitan planning area and inserting an existing urbanized area (as defined by the Bureau of the Census) ; and (ii) by striking the existing metropolitan planning area and inserting the area ; (2) in subsection (g)— (A) in paragraph (1), by striking a metropolitan area and inserting an urbanized area (as defined by the Bureau of the Census) ; and (B) by adding at the end the following: (4) Coordination between MPO s If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. (5) Savings clause Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP. ; (3) in subsection (i)(6), by adding at the end the following: (D) Use of technology A metropolitan planning organization may use social media and other web-based tools— (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. ; and (4) in subsection (p), by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) . (b) Statewide and nonmetropolitan transportation planning Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following: (C) Use of technology A State may use social media and other web-based tools— (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. . (c) Conforming amendment Section 135(i) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) . 1202. Fiscal constraint on long-range transportation plans Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first 4 years . 1203. State human capital plans (a) In general Chapter 1 of title 23, United States Code (as amended by section 1133(a)), is amended by adding at the end the following: 174. State human capital plans (a) In general Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a human capital plan , that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title. (b) Plan contents (1) In general A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration— (A) significant transportation workforce trends, needs, issues, and challenges with respect to the State; (B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State; (C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State; (D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry; (E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State; (F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State; (G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; (H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs— (i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and (ii) to ensure that procurement methods provide the best public value; (I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and (J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150. (2) Planning period If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period. (c) Plan updates If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years. (d) Relationship to long-range plan (1) In general Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135. (2) Effect of section Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135. (e) Public availability Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation. (f) Savings provision Nothing in this section prevents a State from carrying out transportation workforce planning— (1) not described in this section; or (2) not in accordance with this section. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1133(b)), is amended by inserting after the item relating to section 173 the following: 174. State human capital plans. . 1204. Prioritization process pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity means any of the following: (A) A metropolitan planning organization that serves an area with a population of over 200,000. (B) A State. (2) Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (3) Prioritization process pilot program The term prioritization process pilot program means the pilot program established under subsection (b)(1). (b) Establishment (1) In general The Secretary shall establish and solicit applications for a prioritization process pilot program. (2) Purpose The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit. (c) Pilot program administration (1) In general An eligible entity participating in the prioritization process pilot program shall— (A) use priority objectives that are developed— (i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State; (ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and (iii) through a public process that provides an opportunity for public input; (B) assess and score projects and strategies on the basis of— (i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); (ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and (iii) public support; (C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and (D) ensure that the public— (i) has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and (ii) has access to clear reasons why each project or strategy was selected or not selected. (2) Requirements An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: (A) Metropolitan transportation planning In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall— (i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall— (I) include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support— (aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code; (bb) targets for national performance measures under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and (dd) priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (B) Statewide transportation planning In the case of a State, the State shall— (i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall— (I) include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support— (aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code; (bb) national transportation goals under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the State; and (dd) the priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (C) Additional transportation planning If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose. (D) Exceptions to priority ranking In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including— (i) a review of public comments regarding the project; (ii) an evaluation of public support for the project; (iii) an assessment of geographic balance of projects of the eligible entity; and (iv) the number of projects of the eligible entity in economically distressed areas. (3) Maximum amount The maximum amount of a grant under the prioritization process pilot program is $2,000,000. (d) Applications To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. 1205. Travel demand data and modeling (a) Definition of metropolitan planning organization In this section, the term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (b) Study (1) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that— (A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations; (B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including— (i) traffic counts; (ii) travel mode share and public transit ridership; and (iii) vehicle occupancy measures; and (C) uses the information described in subparagraphs (A) and (B)— (i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements; (ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion; (iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and (iv) to enhance the capacity of States and metropolitan planning organizations— (I) to forecast travel demand; and (II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns. (2) Secretarial support The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection. (3) Evaluation tool The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable. 1206. Increasing safe and accessible transportation options (a) Definition of Complete Streets standards or policies In this section, the term Complete Streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles. (b) Funding requirement Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)— (1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and (2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code. (c) Activities described An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include— (1) adoption of Complete Streets standards or policies; (2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street; (3) development of transportation plans— (A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers; (B) to integrate active transportation facilities with public transportation service or improve access to public transportation; (C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities; (D) to increase public transportation ridership; and (E) to improve the safety of bicyclists and pedestrians; (4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and (5) development of transportation plans and policies that support transit-oriented development. (d) Federal share The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e) State flexibility A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization— (1) has Complete Streets standards and policies in place; and (2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2). C Project delivery and process improvement 1301. Codification of One Federal Decision (a) In general Section 139 of title 23, United States Code, is amended— (1) in the section heading, by striking decisionmaking and inserting decisionmaking and One Federal Decision ; (2) in subsection (a)— (A) by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively; (B) by inserting after paragraph (1) the following: (2) Authorization The term authorization means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. (3) Environmental document The term environmental document includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). ; (C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking process for and completion of any environmental permit and inserting process and schedule, including a timetable for and completion of any environmental permit ; and (D) by inserting after paragraph (6) (as so redesignated) the following: (7) Major project (A) In general The term major project means a project for which— (i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); (ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; (iii) the project is not a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m )); and (iv) (I) the head of the lead agency has determined that an environmental impact statement is required; or (II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. (B) Clarification In this section, the term major project does not have the same meaning as the term major project as described in section 106(h). ; (3) in subsection (b)(1)— (A) by inserting , including major projects, after all projects ; and (B) by inserting as requested by a project sponsor and after applied, ; (4) in subsection (c)— (A) in paragraph (6)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year. ; and (B) by adding at the end the following: (7) Process improvements for projects (A) In general The Secretary shall review— (i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and (ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. (B) Consultation In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process. (C) Report Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (i) the results of the review under subparagraph (A); and (ii) an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section. ; (5) in subsection (d)— (A) in paragraph (8)— (i) in the paragraph heading, by striking NEPA and inserting environmental ; (ii) in subparagraph (A)— (I) by inserting and except as provided in subparagraph (D) after paragraph (7) ; (II) by striking permits and inserting authorizations ; and (III) by striking single environment document and inserting single environmental document for each kind of environmental document ; (iii) in subparagraph (B)(i)— (I) by striking an environmental document and inserting environmental documents ; and (II) by striking permits issued and inserting authorizations ; and (iv) by adding at the end the following: (D) Exceptions The lead agency may waive the application of subparagraph (A) with respect to a project if— (i) the project sponsor requests that agencies issue separate environmental documents; (ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) have already been satisfied with respect to the project; or (iii) the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project. ; and (B) by adding at the end the following: (10) Timely authorizations for major projects (A) Deadline Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project. (B) Detail The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. (C) Extension of deadline The head of the lead agency may extend the deadline under subparagraph (A) if— (i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; (ii) the project sponsor requests that the permit or approval follow a different timeline; or (iii) an extension would facilitate completion of the environmental review and authorization process of the major project. ; (6) in subsection (g)(1)— (A) in subparagraph (B)— (i) in clause (ii)(IV), by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of ; and (ii) by adding at the end the following: (iii) Major project schedule To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable— (I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or (II) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact. ; (B) by striking subparagraph (D) and inserting the following: (D) Modification (i) In general Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause. (ii) Exceptions (I) Major projects In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. (II) Shortened schedules The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project. ; (C) by redesignating subparagraph (E) as subparagraph (F); and (D) by inserting after subparagraph (D) the following: (E) Failure to meet deadline If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)— (i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and (ii) the Secretary shall— (I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and (II) make the report under clause (i) publicly available on the internet. ; (7) in subsection (n), by adding at the end the following: (3) Length of environmental document (A) In general Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. (B) Exemption An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project. ; and (8) by adding at the end the following: (p) Accountability and reporting for major projects (1) In general The Secretary shall establish a performance accountability system to track each major project. (2) Requirements The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum— (A) the environmental review process for the major project, including the project schedule; (B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and (C) the time taken to complete the environmental review process. (q) Development of categorical exclusions (1) In general Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall— (A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies; (B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and (C) provide to each agency described in paragraph (2)— (i) a list of the categorical exclusions identified under subparagraph (A); and (ii) the documentation and substantiating information under subparagraph (B). (2) Agencies described The agencies referred to in paragraph (1) are— (A) the Department of the Interior; (B) the Department of the Army; (C) the Department of Commerce; (D) the Department of Agriculture; (E) the Department of Energy; (F) the Department of Defense; and (G) any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. (3) Adoption of categorical exclusions (A) In general Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (B) Public comment In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following: 139. Efficient environmental reviews for project decisionmaking and One Federal Decision. . 1302. Work zone process reviews The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years. 1303. Transportation management plans (a) In general The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. (b) Non-Interstate projects Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures. 1304. Intelligent transportation systems (a) In general The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations). (b) Implementation The Secretary shall ensure that any guidance developed under subsection (a)— (1) clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden; (2) is consistently implemented by the Department nationwide; and (3) is disseminated to Federal-aid recipients. (c) Savings provision Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens. 1305. Alternative contracting methods (a) Alternative contracting methods for federal land management agencies and tribal governments Section 201 of title 23, United States Code, is amended by adding at the end the following: (f) Alternative contracting methods (1) In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of— (A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; (B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or (C) a Tribal government, in using funds pursuant to section 202(b)(7)(D). (2) Methods described The contracting methods referred to in paragraph (1) shall include, at a minimum— (A) project bundling; (B) bridge bundling; (C) design-build contracting; (D) 2-phase contracting; (E) long-term concession agreements; and (F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. (3) Effect Nothing in this subsection— (A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or (B) modifies the point of obligation of Federal salaries and expenses. . (b) Cooperation with federal and state agencies and foreign countries Section 308(a) of title 23, United States Code, is amended by adding at the end the following: (4) Alternative contracting methods (A) In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B) Methods described The contracting methods referred to in subparagraph (A) shall include, at a minimum— (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. . (c) Use of alternative contracting methods In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall— (1) in consultation with the applicable Federal land management agencies, establish clear procedures that are— (A) applicable to the alternative contracting method; and (B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; (2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and (3) analyze and prepare an evaluation of the use of the alternative contracting method. 1306. Flexibility for projects Section 1420 of the FAST Act ( 23 U.S.C. 101 note; Public Law 114–94 ) is amended— (1) in subsection (a), by striking and on request by a State, the Secretary may in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: “, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under— (1) the requirements of title 23, United States Code; and (2) other requirements administered by the Secretary, in whole or in part. ; and (2) in subsection (b)(2)(A), by inserting (including regulations) after environmental law . 1307. Improved Federal-State stewardship and oversight agreements (a) Definition of template In this section, the term template means a template created by the Secretary for Federal-State stewardship and oversight agreements that— (1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; (2) is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and (3) may be developed with consideration of relevant regulations, guidance, or policies. (b) Request for comment (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template. (2) Comment period The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). (3) Certain issues The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on— (A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; (B) opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and (C) any other matters that the Secretary determines to be appropriate. (c) Notice of action; updates (1) In general Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that— (A) describes any proposed changes to be made, and any alternatives to such changes, to the template; (B) addresses comments in response to which changes were not made to the template; and (C) prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). (2) Approval requirements In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. (3) Implementation (A) In general Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with— (i) the changes described in the notice under paragraph (1)(A); and (ii) the schedule and plan described in the notice under paragraph (1)(C). (B) Updates Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A). (d) Inclusion of non-standard terms Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. (e) Compliance with non-statutory terms (1) In general The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. (2) Approval authority Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. (f) Frequency of reviews Section 106(g)(3) of title 23, United States Code, is amended— (1) by striking annual ; (2) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (3) by adding at the end the following: (B) Frequency (i) In general Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years. (ii) Consultation with State The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i). (iii) Cause If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause. . 1308. Geomatic data (a) In general The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. (b) Considerations In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. (c) Public comment Before issuing any final guidance under subsection (a), the Secretary shall provide to the public— (1) notice of the proposed guidance; and (2) an opportunity to comment on the proposed guidance. (d) Savings clause Nothing in this section— (1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory requirements of the Department. 1309. Evaluation of projects within an operational right-of-way (a) In general Chapter 3 of title 23, United States Code, is amended by adding at the end the following: 331. Evaluation of projects within an operational right-of-way (a) Definitions (1) Eligible project or activity (A) In general In this section, the term eligible project or activity means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))— (i) (I) eligible for assistance under this title; or (II) administered as if made available under this title; (ii) that is— (I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or (II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and (iii) that— (I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (II) if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i). (B) Exclusion The term eligible project or activity does not include a project to create a new travel lane. (2) Preliminary evaluation The term preliminary evaluation , with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications. (3) Relevant agency The term relevant agency means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. (b) Action required (1) In general Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall— (A) make at least a preliminary evaluation of the application; and (B) notify the State of the results of the preliminary evaluation under subparagraph (A). (2) Extension The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension. (3) Failure to act If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall— (A) not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and (B) not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report. . (b) Clerical amendment The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: 331. Evaluation of projects within an operational right-of-way. . 1310. Preliminary engineering (a) In general Section 102 of title 23, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), in the second sentence, by striking Nothing in this subsection and inserting the following: (b) Savings provision Nothing in this section . (b) Conforming amendment Section 144(j) of title 23, United States Code, is amended by striking paragraph (6). 1311. Efficient implementation of NEPA for Federal land management projects Section 203 of title 23, United States Code, is amended by adding at the end the following: (e) Efficient implementation of NEPA (1) Definitions In this subsection: (A) Environmental document The term environmental document means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (B) Project The term project means a highway project, public transportation capital project, or multimodal project that— (i) receives funds under this title; and (ii) is authorized under this section or section 204. (C) Project sponsor The term project sponsor means the Federal land management agency that seeks or receives funds under this title for a project. (2) Environmental review to be completed by Federal Highway Administration The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if— (A) requested by a project sponsor; and (B) all areas of analysis required by the project sponsor can be addressed. (3) Federal land management agencies adoption of existing environmental review documents (A) In general To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency. (B) Independent evaluation Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2). (C) Use of same document In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency. (4) Application by Federal land management agencies of categorical exclusions established by Federal Highway Administration In carrying out requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that— (A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project; (B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions. (5) Mitigation commitments The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection. . 1312. National Environmental Policy Act of 1969 reporting program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following: 157. National Environmental Policy Act of 1969 reporting program (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation). (2) Documented categorical exclusion The term documented categorical exclusion has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation). (3) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (4) Environmental impact statement The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (5) Federal agency The term Federal agency includes a State that has assumed responsibility under section 327. (6) NEPA process The term NEPA process means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action. (7) Proposed action The term proposed action means an action (within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.)) under this title that the Secretary proposes to carry out. (8) Reporting period The term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). (9) Secretary The term Secretary includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327. (b) Report on NEPA data (1) In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3). (2) Time to complete For purposes of paragraph (3), the NEPA process— (A) for an environmental impact statement— (i) begins on the date on which the Notice of Intent is published in the Federal Register; and (ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and (B) for an environmental assessment— (i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and (ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. (3) Information described The information referred to in paragraph (1) is, with respect to the Department of Transportation— (A) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period; (C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending; (D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period; (E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D); (F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation; (G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period; (H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G); (I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and (J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which— (i) funding has been identified; and (ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 156 the following: 157. National Environmental Policy Act of 1969 reporting program. . 1313. Surface transportation project delivery program written agreements Section 327 of title 23, United States Code, is amended— (1) in subsection (a)(2)(G), by inserting , including the payment of fees awarded under section 2412 of title 28 before the period at the end; (2) in subsection (c)— (A) by striking paragraph (5) and inserting the following: (5) except as provided under paragraph (7), have a term of not more than 5 years; ; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years. ; (3) in subsection (g)(1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking annual ; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: (C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and ; and (4) by adding at the end the following: (m) Agency deemed to be Federal agency A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28. . 1314. State assumption of responsibility for categorical exclusions Section 326(c)(3) of title 23, United States Code, is amended— (1) by striking subparagraph (A) and inserting the following: (A) except as provided under subparagraph (C), shall have a term of not more than 3 years; ; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years. . 1315. Early utility relocation prior to transportation project environmental review Section 123 of title 23, United States Code, is amended to read as follows: 123. Relocation of utility facilities (a) Definitions In this section: (1) Cost of relocation The term cost of relocation includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. (2) Early utility relocation project The term early utility relocation project means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project. (3) Environmental review process The term environmental review process has the meaning given the term in section 139(a). (4) Transportation project The term transportation project means a project. (5) Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (6) Utility relocation activity The term utility relocation activity means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. (b) Reimbursement to States (1) In general If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project. (2) Limitation Federal funds shall not be used to reimburse a State under this section if the payment to the utility— (A) violates the law of the State; or (B) violates a legal contract between the utility and the State. (3) Requirement A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities. (4) Reimbursement eligibility for early relocation prior to transportation project environmental review process (A) In general In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project. (B) Requirements for reimbursement Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that— (i) the early utility relocation project is necessary to accommodate a transportation project; (ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project; (iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project— (I) would not result in significant adverse environmental impacts; and (II) would comply with other applicable Federal environmental requirements; (iv) the early utility relocation project did not influence— (I) the environmental review process for the transportation project; (II) the decision relating to the need to construct the transportation project; or (III) the selection of the transportation project design or location; (v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title; (vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds; (vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135; (viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) has been completed for the transportation project for which the early utility relocation project was necessitated; and (ix) the transportation project that necessitated the utility relocation activity is approved for construction. (C) Savings provision Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities. (c) Applicability of other provisions Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under— (1) section 138; (2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq.), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations); (3) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.); or (4) an environmental review process. . 1316. Streamlining of section 4(f) reviews Section 138(a) of title 23, United States Code, is amended— (1) in the fourth sentence, by striking In carrying out and inserting the following: (4) Studies In carrying out ; (2) in the third sentence— (A) by striking such land, and (2) such program and inserting the following: “the land; and (B) the program ; (B) by striking unless (1) there is and inserting the following: “unless— (A) there is ; and (C) by striking After the and inserting the following: (3) Requirement After the ; (3) in the second sentence— (A) by striking The Secretary of Transportation and inserting the following: (2) Cooperation and consultation (A) In general The Secretary ; and (B) by adding at the end the following: (B) Timeline for approvals (i) In general The Secretary shall— (I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and (II) provide a period of 30 days for receipt of comments. (ii) Assumed acceptance If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action. (C) Effect Nothing in subparagraph (B) affects— (i) the requirements under— (I) subsections (b) through (f); or (II) the consultation process under section 306108 of title 54; or (ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary. ; and (4) in the first sentence, by striking It is declared to be and inserting the following: (1) In general It is . 1317. Categorical exclusion for projects of limited Federal assistance Section 1317(1) of MAP–21 ( 23 U.S.C. 109 note; Public Law 112–141 ) is amended— (1) in subparagraph (A), by striking $5,000,000 and inserting $6,000,000 ; and (2) in subparagraph (B), by striking $30,000,000 and inserting $35,000,000 . 1318. Certain gathering lines located on Federal land and Indian land (a) Definitions In this section: (1) Federal land (A) In general The term Federal land means land the title to which is held by the United States. (B) Exclusions The term Federal land does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit (A) In general The term gathering line and associated field compression or pumping unit means— (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) Inclusions The term gathering line and associated field compression or pumping unit includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) Exclusions The term gathering line and associated field compression or pumping unit does not include a common carrier pipeline. (3) Indian land The term Indian land means land the title to which is held by— (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced water The term produced water means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) Secretary The term Secretary means the Secretary of the Interior. (b) Certain gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) if the gathering line and associated field compression or pumping unit— (A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within— (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce— (i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) Applicability Paragraph (1) shall apply to Indian land, or a portion of Indian land— (A) to which the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on other law Nothing in this section— (1) affects or alters any requirement— (A) relating to prior consent under— (i) section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ); or (ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e) ) (commonly known as the Indian Reorganization Act ); (B) under section 306108 of title 54, United States Code; or (C) under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or (2) makes the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) applicable to land to which that Act otherwise would not apply. 1319. Annual report (a) Definition of covered project In this section, the term covered project means a project or activity carried out with funds provided by the Department, including a project carried out under title 23 or 49, United States Code— (1) that is more than 5 years behind schedule; or (2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity. (b) Requirement Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on covered projects of the Department, which shall include, for each covered project— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, if applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project. D Climate change 1401. Grants for charging and fueling infrastructure (a) Purpose The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. (b) Grant program Section 151 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall and inserting The Secretary shall periodically ; and (B) by striking to improve the mobility and inserting to support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility ; (2) in subsection (b)(2), by inserting previously designated by the Federal Highway Administration or before designated by ; (3) by striking subsection (d) and inserting the following: (d) Redesignation (1) Initial redesignation Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall update and redesignate the corridors under subsection (a). (2) Subsequent redesignation The Secretary shall establish a recurring process to regularly update and redesignate the corridors under subsection (a). ; (4) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking establishes an aspirational goal of achieving and inserting describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve ; and (ii) by striking by the end of fiscal year 2020. and inserting ; and ; and (C) by adding at the end the following: (3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure. ; and (5) by adding at the end the following: (f) Grant program (1) Definition of private entity In this subsection, the term private entity means a corporation, partnership, company, or nonprofit organization. (2) Establishment Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6). (3) Eligible entities An entity eligible to receive a grant under this subsection is— (A) a State or political subdivision of a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a special purpose district or public authority with a transportation function, including a port authority; (E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (F) a territory of the United States; (G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or (H) a group of entities described in subparagraphs (A) through (G). (4) Applications To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including— (A) a description of how the eligible entity has considered— (i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including— (I) charging or fueling connector types and publicly available information on real-time availability; and (II) payment methods to ensure secure, convenient, fair, and equal access; (ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)— (I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (III) to protect personal privacy and ensure cybersecurity; and (IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (iii) the location of the station or fueling site, such as consideration of— (I) the availability of onsite amenities for vehicle operators, such as restrooms or food facilities; (II) access in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.); (III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and (IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps; (iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and (v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and (B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). (5) Considerations In selecting eligible entities to receive a grant under this subsection, the Secretary shall— (A) consider the extent to which the application of the eligible entity would— (i) improve alternative fueling corridor networks by— (I) converting corridor-pending corridors to corridor-ready corridors; or (II) in the case of corridor-ready corridors, providing redundancy— (aa) to meet excess demand for charging or fueling infrastructure; or (bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; (ii) meet current or anticipated market demands for charging or fueling infrastructure; (iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; (iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers; (v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and (vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations; (B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; (C) consider whether the private entity that the eligible entity contracts with under paragraph (6)— (i) submits to the Secretary the most recent year of audited financial statements; and (ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and (D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement— (i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure; and (ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met. (6) Use of funds (A) In general An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (B) Location of infrastructure Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation. (C) Operating assistance (i) In general Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations. (ii) Inclusions Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure and service. (iii) Limitation Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (D) Traffic control devices (i) In general Subject to this paragraph, an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant. (ii) Applicability Clause (i) shall apply only to an eligible entity that— (I) receives a grant under this subsection; and (II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (iii) Limitation on amount The amount of funds used to acquire and install traffic control devices under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure. (iv) No new authority created Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices if the entity is not otherwise authorized to do so. (E) Revenue (i) In general An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (ii) Uses of revenue An eligible entity that receives revenue from a cost-sharing agreement under clause (i) may only use that revenue for a project that is eligible under this title. (7) Certain fuels The use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles. (8) Community grants (A) In general Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph. (B) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (C) Eligible entities An entity eligible to receive a grant under this paragraph is— (i) an entity described in paragraph (3); and (ii) a State or local authority with ownership of publicly accessible transportation facilities. (D) Eligible projects The Secretary may provide a grant under this paragraph for a project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, including— (i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisition of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (E) Project locations A project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. (F) Priority In providing grants under this paragraph, the Secretary shall give priority to projects that expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within— (i) rural areas; (ii) low- and moderate-income neighborhoods; and (iii) communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary. (G) Additional considerations In providing grants under this paragraph, the Secretary shall consider the extent to which the project— (i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and (ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles. (H) Partnering with private entities An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (I) Maximum grant amount The amount of a grant under this paragraph shall not be more than $15,000,000. (J) Technical assistance Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities. (K) Additional activities The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure. (9) Requirements (A) Project treatment Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under this chapter. (B) Signs Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with— (i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and (ii) other provisions of Federal, State, and local law, as applicable. (10) Federal share (A) In general The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. (B) Responsibility of private entity As a condition of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). (11) Report Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection. . 1402. Reduction of truck emissions at port facilities (a) Establishment of program (1) In general The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall— (A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations; (B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and (C) coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (2) Consultation In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency. (b) Grants (1) In general In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification. (2) Cost share A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant. (3) Coordination In carrying out the grant program under this subsection, the Secretary shall— (A) to the maximum extent practicable, leverage existing resources and programs of the Department and other relevant Federal agencies; and (B) coordinate with other Federal agencies, as the Secretary determines to be appropriate. (4) Application; selection (A) Application The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary. (B) Selection The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available. (5) Requirement Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (c) Report Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes— (1) the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1); (2) the results of the projects that received a grant under subsection (b); (3) any recommendations for workforce development and training opportunities with respect to port electrification; and (4) any policy recommendations based on the findings and results described in paragraphs (1) and (2). 1403. Carbon reduction program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1203(a)), is amended by adding at the end the following: 175. Carbon reduction program (a) Definitions In this section: (1) Metropolitan planning organization; urbanized area The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b). (2) Transportation emissions The term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a State. (3) Transportation management area The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1). (b) Establishment The Secretary shall establish a carbon reduction program to reduce transportation emissions. (c) Eligible projects (1) In general Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including— (A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems; (B) a public transportation project that is eligible for assistance under section 142; (C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation; (D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies; (E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology; (F) a project to replace street lighting and traffic control devices with energy-efficient alternatives; (G) the development of a carbon reduction strategy in accordance with subsection (d); (H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs; (I) efforts to reduce the environmental and community impacts of freight movement; (J) a project to support deployment of alternative fuel vehicles, including— (i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and (ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities; (K) a project described in section 149(b)(8) for a diesel engine retrofit; (L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and (M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification. (2) Flexibility In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions— (A) as estimated on a per capita basis; and (B) as estimated on a per unit of economic output basis. (d) Carbon reduction strategy (1) In general Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection. (2) Requirements The carbon reduction strategy of a State developed under paragraph (1) shall— (A) support efforts to reduce transportation emissions; (B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options— (i) to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any; (ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and (iii) to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches; (C) support the reduction of transportation emissions of the State; (D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and (E) be appropriate to the population density and context of the State, including any metropolitan planning organization designated within the State. (3) Updates The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years. (4) Review Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall— (A) review the process used to develop the carbon reduction strategy; and (B) (i) certify that the carbon reduction strategy meets the requirements of paragraph (2); or (ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy. (5) Technical assistance At the request of a State, the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1). (e) Suballocation (1) In general For each fiscal year, of the funds apportioned to the State under section 104(b)(7)— (A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population of more than 200,000; (ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population of less than 5,000; and (B) the remainder may be obligated in any area of the State. (2) Metropolitan areas Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. (3) Distribution among urbanized areas of over 50,000 population (A) In general Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas. (B) Other factors The State may obligate the funds described in subparagraph (A) based on other factors if— (i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and (ii) the Secretary grants the request. (4) Coordination in urbanized areas Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project. (5) Consultation in rural areas Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project. (6) Obligation authority (A) In general A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and (ii) the ratio that— (I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. (B) Joint responsibility Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A). (f) Federal share The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1203(b)) is amended by inserting after the item relating to section 174 the following: 175. Carbon reduction program. . 1404. Congestion relief program (a) In general Section 129 of title 23, United States Code, is amended by adding at the end the following: (d) Congestion relief program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means any of the following: (i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (B) Integrated congestion management system The term integrated congestion management system means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. (C) Program The term program means the congestion relief program established under paragraph (2). (2) Establishment The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. (3) Program goals The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through— (A) improving intermodal integration with highways, highway operations, and highway performance; (B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and (C) pricing of, or based on, as applicable— (i) parking; (ii) use of roadways, including in designated geographic zones; or (iii) congestion. (4) Eligible projects Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including— (A) deployment and operation of an integrated congestion management system; (B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; (C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and (D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. (5) Application; selection (A) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Priority In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. (C) Federal share The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. (D) Minimum award A grant provided under the program shall be not less than $10,000,000. (6) Use of tolling (A) In general Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program. (B) Requirements The Secretary may only approve the use of tolls under subparagraph (A) if— (i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; (ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying— (I) the toll rate for any other vehicle class; and (II) 5; (iii) the toll rates are not charged or varied on the basis of State residency; (iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and (v) the use of toll revenues complies with subsection (a)(3). (C) Limitation The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. (7) Financial effects on low-income drivers A project under the program— (A) shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and (B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers. . (b) High occupancy vehicle use of certain toll facilities Section 129(a) of title 23, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: (10) High occupancy vehicle use of certain toll facilities Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility. . 1405. Freight plans (a) National and State freight plans (1) National freight strategic plan Section 70102(b) of title 49, United States Code, is amended— (A) in paragraph (10), by striking and at the end; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (12) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters; (13) strategies to promote United States economic growth and international competitiveness; and (14) strategies to reduce local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity. . (2) State freight plans Section 70202 of title 49, United States Code, is amended— (A) in subsection (b)— (i) in paragraph (9), by striking and at the end; (ii) by redesignating paragraph (10) as paragraph (12); and (iii) by inserting after paragraph (9) the following: (10) the most recent commercial motor vehicle parking facilities assessment conducted under subsection (f); (11) strategies and goals to decrease— (A) the severity of impacts of extreme weather and natural disasters on freight mobility; (B) the impacts of freight movement on local air pollution; (C) the impacts of freight movement on flooding and stormwater runoff; and (D) the impacts of freight movement on wildlife habitat loss; and ; (B) by redesignating subsection (e) as subsection (h); and (C) by inserting after subsection (d) the following: (e) Priority Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan— (1) enhance reliability or redundancy of freight transportation; or (2) incorporate the ability to rapidly restore access and reliability of freight transportation. (f) Commercial motor vehicle parking facilities assessments As part of the development or updating, as applicable, of the State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of— (1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation; (2) the volume of commercial motor vehicle traffic in the State; and (3) whether there are any areas within the State that have a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of any such shortages. (g) Approval (1) In general The Secretary of Transportation shall approve a State freight plan described in subsection (a) if the plan achieves compliance with the requirements of this section. (2) Savings provision Nothing in this subsection establishes new procedural requirements for the approval of a State freight plan described in subsection (a). . (b) Studies For the purpose of facilitating the integration of intelligent transportation systems into the freight transportation network powered by electricity, the Secretary, acting through the Administrator of the Federal Highway Administration, shall conduct a study relating to— (1) preparing to supply power to applicable electrical freight infrastructure; and (2) safely integrating freight into intelligent transportation systems. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1403(a)), is amended by adding at the end the following: 176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program (a) Definitions In this section: (1) Emergency event The term emergency event means a natural disaster or catastrophic failure resulting in— (A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or (B) an emergency or disaster declared by the President. (2) Evacuation route The term evacuation route means a transportation route or system that— (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; (B) is used— (i) to transport the public away from emergency events; or (ii) to transport emergency responders and recovery resources; and (C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). (3) Program The term program means the program established under subsection (b)(1). (4) Resilience improvement The term resilience improvement means the use of materials or structural or nonstructural techniques, including natural infrastructure— (A) that allow a project— (i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and (ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or (B) that— (i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or (ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters. (b) Establishment (1) In general The Secretary shall establish a program, to be known as the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program or the PROTECT program . (2) Purpose The purpose of the program is to provide grants for resilience improvements through— (A) formula funding distributed to States to carry out subsection (c); (B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improvements and emergency response strategies to address those vulnerabilities; and (C) competitive resilience improvement grants to protect— (i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes; (ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that— (I) serve critical local, regional, and national needs, including evacuation routes; and (II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities; (iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and (iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems. (c) Eligible activities for apportioned funding (1) In general Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4). (2) Planning set-aside Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3). (3) Requirements (A) Projects in certain areas If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall— (i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and (ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) with respect to the area. (B) Eligibilities A State shall use funds apportioned to the State under section 104(b)(8) for— (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or (iii) a port facility, including a facility that— (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (C) System resilience A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as— (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installation of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; (iv) upgrades to and installation of flood gates to protect tunnel entrances; and (v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastructure. (D) Federal cost share (i) In general Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost. (ii) Non-federal share A State may use Federal funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non-Federal cost share requirement for a project under this subsection. (E) Eligible project costs (i) In general Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of— (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii) Eligible planning costs In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3). (F) Limitations A State— (i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and (ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I). (d) Competitive awards (1) In general In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2). (2) Eligible entities Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following: (A) A State or political subdivision of a State. (B) A metropolitan planning organization. (C) A unit of local government. (D) A special purpose district or public authority with a transportation function, including a port authority. (E) An Indian tribe (as defined in section 207(m)(1)). (F) A Federal land management agency that applies jointly with a State or group of States. (G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F). (3) Planning grants Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of— (A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2); (B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; (C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or (D) evacuation planning and preparation. (4) Resilience grants (A) Resilience improvement grants (i) In general Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities (I) In general An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (II) Inclusions An activity eligible to be carried out under this subparagraph includes— (aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title; (bb) the incorporation of natural infrastructure; (cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration; (dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems; (ee) strengthening systems that remove rainwater from surface transportation facilities; (ff) upgrades to and installation of structural stormwater controls; (gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable; (hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas; (ii) stabilizing slide areas or slopes; (jj) installing riprap; (kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; (ll) increasing the size or number of drainage structures; (mm) installing seismic retrofits on bridges; (nn) adding scour protection at bridges; (oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; (pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and (qq) any other protective features, including natural infrastructure, as determined by the Secretary. (iii) Priority The Secretary shall prioritize a resilience improvement grant to an eligible entity if— (I) the Secretary determines— (aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and (bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or (II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2). (B) Community resilience and evacuation route grants (i) In general Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that— (I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; (II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; (III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of— (aa) communications and intelligent transportation system equipment and infrastructure; (bb) counterflow measures; or (cc) shoulders; (IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; (V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or (VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (iii) Priority The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account— (I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and (II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis. (iv) Consultation In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. (C) At-risk coastal infrastructure grants (i) Definition of eligible entity In this subparagraph, the term eligible entity means any of the following: (I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. (II) A political subdivision of a State described in subclause (I). (III) A metropolitan planning organization in a State described in subclause (I). (IV) A unit of local government in a State described in subclause (I). (V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). (VI) An Indian tribe in a State described in subclause (I). (VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). (VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). (ii) Grants Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). (iii) Eligible activities An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (iv) Criteria The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project— (I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and (II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. (v) Coastal benefits In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide— (I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or (II) access to a designated evacuation route. (5) Grant requirements (A) Solicitations for grants In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4). (B) Applications (i) In general To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (ii) Projects in certain areas If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall— (I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and (II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) with respect to the area. (C) Eligibilities The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for— (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; (iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or (iv) a port facility, including a facility that— (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (D) System resilience A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as— (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installing of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; and (iv) upgrades to and installation of flood gates to protect tunnel entrances. (E) Federal cost share (i) Planning grant The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent. (ii) Resilience grants (I) In general Except as provided in subclause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost. (II) Tribal projects On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent. (iii) Non-federal share The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection. (F) Eligible project costs (i) Resilience grant projects Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of— (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii) Planning grants Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph. (G) Limitations (i) In general An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)— (I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and (II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I). (ii) Limit on certain activities For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii). (H) Distribution of grants (i) In general Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. (ii) Rural set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000. (iii) Tribal set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)). (iv) Reallocation For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection. (6) Consultation In carrying out this subsection, the Secretary shall— (A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and (B) solicit technical support from the Administrator of the Federal Emergency Management Agency. (7) Grant administration The Secretary may— (A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection. (e) Resilience improvement plan and lower non-Federal share (1) Federal share reductions (A) In general A State that receives funds apportioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph. (B) Amount of reductions (i) Resilience improvement plan Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if— (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has— (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has— (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan. (ii) Incorporation of resilience improvement plan in other planning Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if— (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable. (iii) Limitations (I) Maximum reduction A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d). (II) No negative non-Federal share A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero. (2) Plan contents A resilience improvement plan referred to in paragraph (1)— (A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable; (B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes; (D) may— (i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles; (ii) plan for response to anticipated emergencies, including plans for the mobility of— (I) emergency response personnel and equipment; and (II) access to emergency services, including for vulnerable or disadvantaged populations; (iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience; (iv) include an investment plan that— (I) includes a list of priority projects; and (II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and (v) use science and data and indicate the source of data and methodologies; and (E) shall, as appropriate— (i) include a description of how the plan will improve the ability of the State or metropolitan planning organization— (I) to respond promptly to the impacts of weather events and natural disasters; and (II) to be prepared for changing conditions, such as sea level rise and increased flood risk; (ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan; (iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; (iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure; (v) use a long-term planning period; and (vi) include such other information as the State or metropolitan planning organization considers appropriate. (3) No new planning requirements Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State. (f) Monitoring (1) In general Not later than 18 months after the date of enactment of this section, the Secretary shall— (A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d)— (i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and (ii) procedures for monitoring and evaluating projects based on those metrics; and (B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A). (2) Notice Before adopting any metrics described in paragraph (1), the Secretary shall— (A) publish the proposed metrics in the Federal Register; and (B) provide to the public an opportunity for comment on the proposed metrics. (g) Reports (1) Reports from eligible entities Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds awarded. (2) Reports to Congress (A) Annual reports The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including— (i) each project for which a grant was provided under subsection (d); (ii) information relating to project applications received; (iii) the manner in which the consultation requirements were implemented under subsection (d); (iv) recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate; (v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and (vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events. (B) Final report Not later than 5 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1403(b)), is amended by inserting after the item relating to section 175 the following: 176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. . 1407. Healthy Streets program (a) Definitions In this section: (1) Community of color The term community of color means, in a State, a census block group for which the aggregate percentage of residents who identify as Black, African-American, American Indian, Alaska Native, Native Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other nonwhite race, or linguistically isolated is— (A) not less than 50 percent; or (B) significantly higher, as determined by the Secretary, than the State average. (2) Cool pavement The term cool pavement means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement. (3) Eligible entity The term eligible entity means— (A) a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a Tribal government; and (E) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D). (4) Low-income community The term low-income community means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )). (5) Porous pavement The term porous pavement means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil. (6) Program The term program means the Healthy Streets program established under subsection (b). (7) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (8) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Establishment The Secretary shall establish a discretionary grant program, to be known as the Healthy Streets program , to provide grants to eligible entities— (1) to deploy cool pavements and porous pavements; and (2) to expand tree cover. (c) Goals The goals of the program are— (1) to mitigate urban heat islands; (2) to improve air quality; and (3) to reduce— (A) the extent of impervious surfaces; (B) stormwater runoff and flood risks; and (C) heat impacts to infrastructure and road users. (d) Application (1) In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirements The application submitted by an eligible entity under paragraph (1) shall include a description of— (A) how the eligible entity would use the grant funds; and (B) the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and communities of color. (e) Use of funds An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities: (1) Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution. (2) Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including— (A) an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and (B) an identification of— (i) the locations where trees need to be replaced; (ii) empty tree boxes or other locations where trees could be added; and (iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding. (3) Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to— (A) pedestrian walkways and public transportation stop locations; (B) low-income communities; and (C) communities of color. (4) Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3). (5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots. (6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in— (A) pedestrian-only areas; and (B) areas of low-volume, low-speed vehicular use. (7) Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to— (A) to the extent practicable, the planting of native species; and (B) projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods. (8) Assessing underground infrastructure and coordinating with local transportation and utility providers. (9) Hiring staff to conduct any of the activities described in paragraphs (1) through (8). (f) Priority In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity— (1) proposing to carry out an activity or project in a low-income community or a community of color; (2) that has entered into a community benefits agreement with representatives of the community; or (3) that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 )). (g) Distribution requirement Of the amounts made available to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in section 101(a) of title 23, United States Code). (h) Federal share (1) In general Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent. (2) Waiver The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (i) Maximum grant amount An individual grant under this section shall not exceed $15,000,000. E Miscellaneous 1501. Additional deposits into Highway Trust Fund (a) In general Section 105 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105. 1502. Stopping threats on pedestrians (a) Definition of bollard installation project In this section, the term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle. (b) Establishment Not later than 1 year after the date of enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians. (c) Application To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum— (1) a description of the proposed bollard installation project to be carried out; (2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and (3) an analysis of how the proposed bollard installation project will mitigate those risks. (d) Use of funds A recipient of a grant under this section may only use the grant funds for a bollard installation project. (e) Federal share The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. 1503. Transfer and sale of toll credits (a) Definitions In this section: (1) Originating state The term originating State means a State that— (A) is eligible to use a credit under section 120(i) of title 23, United States Code; and (B) has been selected by the Secretary under subsection (d)(2). (2) Pilot program The term pilot program means the pilot program established under subsection (b). (3) Recipient state The term recipient State means a State that receives a credit by transfer or by sale under this section from an originating State. (4) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (b) Establishment of pilot program The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c) Purposes The purposes of the pilot program are— (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d) Selection of originating States (1) Application In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify— (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including— (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2) Selection Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3) Limitation on sales At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. (e) Transfer or sale of credits (1) In general In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code. (2) Website support The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3) Bilateral transactions An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4) Notification Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on— (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the originating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5) Use of credits by transferee or purchaser A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code. (6) Use of proceeds from sale of credits An originating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code. (f) Reporting requirements (1) Initial report Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program. (2) Final report Not later than 3 years after the date on which the pilot program is established, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (i) determines whether a toll credit marketplace is viable and cost-effective; (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) make the report under subparagraph (A) publicly available on the website of the Department. (g) Termination (1) In general The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that— (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2) Procedures The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. 1504. Study of impacts on roads from self-driving vehicles (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure, mobility, the environment, and safety, including impacts on— (1) the Interstate System (as defined in section 101(a) of title 23, United States Code); (2) urban roads; (3) rural roads; (4) corridors with heavy traffic congestion; (5) transportation systems optimization; and (6) any other areas or issues relevant to operations of the Federal Highway Administration that the Secretary determines to be appropriate. (b) Contents of study The study under subsection (a) shall include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing transportation system capacity. (c) Considerations In carrying out the study under subsection (a), the Secretary shall— (1) consider the need for and recommend any policy changes to be undertaken by the Federal Highway Administration on the impacts of self-driving vehicles as identified under paragraph (2); and (2) for both rural and urban communities, include a discussion of— (A) the impacts that self-driving vehicles will have on existing transportation infrastructure, such as signage and markings, traffic lights, and highway capacity and design; (B) the impact on commercial and private traffic flows; (C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate self-driving vehicles; (D) the impact of self-driving vehicles on the environment, congestion, and vehicle miles traveled; and (E) the impact of self-driving vehicles on mobility. (d) Coordination In carrying out the study under subsection (a), the Secretary shall consider and incorporate relevant current and ongoing research of the Department. (e) Consultation In carrying out the study under subsection (a), the Secretary shall convene and consult with a panel of national experts in both rural and urban transportation, including— (1) operators and users of the Interstate System (as defined in section 101(a) of title 23, United States Code), including private sector stakeholders; (2) States and State departments of transportation; (3) metropolitan planning organizations; (4) the motor carrier industry; (5) representatives of public transportation agencies or organizations; (6) highway safety and academic groups; (7) nonprofit entities with experience in transportation policy; (8) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); (9) environmental stakeholders; and (10) self-driving vehicle producers, manufacturers, and technology developers. (f) Report Not later than 1 year after the date on which the study under subsection (a) is initiated, the Secretary shall submit a report on the results of the study to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. 1505. Disaster relief mobilization study (a) Definition of local community In this section, the term local community means— (1) a unit of local government; (2) a political subdivision of a State or local government; (3) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (4) a rural planning organization; or (5) a Tribal government. (b) Study (1) In general The Secretary shall carry out a study to determine the utility of incorporating the use of bicycles into the disaster preparedness and disaster response plans of local communities. (2) Requirements The study carried out under paragraph (1) shall include— (A) a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this Act that supports active transportation, including bicycling, walking, and personal mobility devices, with a particular focus on areas in local communities that— (i) have low levels of vehicle ownership; and (ii) lack sufficient active transportation infrastructure routes to public transportation; (B) an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders, emergency workers, and community organization representatives— (i) during a mandatory or voluntary evacuation ordered by a Federal, State, Tribal, or local government entity— (I) to notify residents of the need to evacuate; (II) to evacuate individuals and goods; and (III) to reach individuals who are in need of first aid and medical assistance; and (ii) after a disaster or emergency declared by a Federal, State, Tribal, or local government entity— (I) to participate in search and rescue activities; (II) to carry commodities to be used for life-saving or life-sustaining purposes, including— (aa) water; (bb) food; (cc) first aid and other medical supplies; and (dd) power sources and electric supplies, such as cell phones, radios, lights, and batteries; (III) to reach individuals who are in need of the commodities described in subclause (II); and (IV) to assist with other disaster relief tasks, as appropriate; and (C) a review of training programs for first responders, emergency workers, and community organization representatives relating to— (i) competent bicycle skills, including the use of cargo bicycles and electric bicycles, as applicable; (ii) basic bicycle maintenance; (iii) compliance with relevant traffic safety laws; (iv) methods to use bicycles to carry out the activities described in clauses (i) and (ii) of subparagraph (2)(B); and (v) exercises conducted for the purpose of— (I) exercising the skills described in clause (i); and (II) maintaining bicycles and related equipment. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) describes the results of the study carried out under subsection (b); and (2) provides recommendations, if any, relating to— (A) the methods by which to incorporate bicycles into disaster preparedness and disaster response plans of local communities; and (B) improvements to training programs described in subsection (b)(2)(C). 1506. Appalachian Regional Commission (a) Definitions Section 14102(a)(1) of title 40, United States Code, is amended— (1) in subparagraph (G)— (A) by inserting Catawba, after Caldwell, ; and (B) by inserting Cleveland, after Clay, ; (2) in subparagraph (J), by striking and Spartanburg and inserting Spartanburg, and Union ; and (3) in subparagraph (M), by inserting , of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion after West Virginia . (b) Functions Section 14303(a) of title 40, United States Code, is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (11) support broadband access in the Appalachian region. . (c) Congressional notification (1) In general Subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14323. Congressional notification (a) In general In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance. (b) Projects described A project referred to in subsection (a) is a project that the Appalachian Regional Commission has selected to receive a grant or other financial assistance under this subtitle in an amount not less than $50,000. . (2) Clerical amendment The analysis for subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14323. Congressional notification. . (d) High-speed broadband deployment initiative Section 14509 of title 40, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region. ; (2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (3) by inserting after subsection (a) the following: (b) Eligible projects and activities A project or activity eligible to be carried out under this section is a project or activity— (1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or (2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region. ; (4) in subsection (d) (as so redesignated), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (5) by adding at the end the following: (f) Request for data Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— (1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and (2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. (g) Requirement For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2). . (e) Appalachian regional energy hub initiative (1) In general Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14511. Appalachian regional energy hub initiative (a) In general The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; (2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and (3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. (b) Limitation on available amounts Of the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (c) Sources of assistance Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (d) Federal share Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate. . (2) Clerical amendment The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: 14511. Appalachian regional energy hub initiative. . (f) Authorization of appropriations Section 14703 of title 40, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) $200,000,000 for each of fiscal years 2022 through 2026. ; (2) in subsection (c), by striking $10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021 and inserting $20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026 ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: (d) Appalachian regional energy hub initiative Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026. . (g) Termination Section 14704 of title 40, United States Code, is amended by striking 2021 and inserting 2026 . 1507. Denali Commission (a) Denali access system program Notwithstanding subsection (j) of section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ), there is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to carry out that section. (b) Transfers of funds Section 311(c) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) notwithstanding any other provision of law, shall— (A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and (B) not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are transferred. . 1508. Requirements for transportation projects carried out through public-private partnerships (a) Definitions In this section: (1) Project The term project means a project (as defined in section 101 of title 23, United States Code) that— (A) is carried out, in whole or in part, using Federal financial assistance; and (B) has an estimated total cost of $100,000,000 or more. (2) Public-private partnership The term public-private partnership means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. (b) Requirements for projects carried out through public-private partnerships With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic— (1) to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; (2) (A) to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or (B) to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and (3) to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does not disclose any proprietary or confidential business information. (c) Notification If the Secretary provides Federal financial assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project. (d) Value for money analysis (1) Project approval and oversight Section 106(h)(3) of title 23, United States Code, is amended— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and . (2) Surface transportation block grant program Paragraph (21) of section 133(b) of title 23, United States Code (as redesignated by section 1109(a)(1)(C)), is amended by inserting , including conducting value for money analyses or similar comparative analyses, after oversight . (3) TIFIA Section 602(a) of title 23, United States Code, is amended by adding at the end the following: (11) Public-private partnerships In the case of a project to be carried out through a public-private partnership, the public partner shall have— (A) conducted a value for money analysis or similar comparative analysis; and (B) determined the appropriateness of the public-private partnership agreement. . (e) Applicability This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act. 1509. Reconnecting communities pilot program (a) Definition of eligible facility (1) In general In this section, the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (2) Inclusions In this section, the term eligible facility may include— (A) a limited access highway; (B) a viaduct; and (C) any other principal arterial facility. (b) Establishment The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity— (1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. (c) Planning grants (1) Eligible entities The Secretary may award a grant (referred to in this section as a planning grant ) to carry out planning activities described in paragraph (2) to— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; and (E) a nonprofit organization. (2) Eligible activities described The planning activities referred to in paragraph (1) are— (A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of— (i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; (ii) the capacity of existing transportation networks to maintain mobility needs; (iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; (iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; (v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; (vi) the cost to remove, retrofit, or mitigate the eligible facility— (I) to restore community connectivity; and (II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; (vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and (viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; (B) public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and (C) other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. (3) Technical assistance program (A) In general The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. (B) Technical assistance described The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity— (i) to engage in transportation planning; and (ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities that— (I) are bifurcated by eligible facilities; or (II) lack safe, reliable, and affordable transportation choices. (C) Priorities In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. (4) Selection The Secretary shall— (A) solicit applications for— (i) planning grants; and (ii) technical assistance under paragraph (3); and (B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that— (i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; (ii) the eligible facility— (I) creates barriers to mobility, access, or economic development; or (II) is not justified by current and forecast future travel demand; and (iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. (5) Award amounts A planning grant may not exceed $2,000,000 per recipient. (6) Federal share The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. (d) Capital construction grants (1) Eligible entities The Secretary may award a grant (referred to in this section as a capital construction grant ) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. (2) Partnerships An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; or (E) a nonprofit organization. (3) Eligible projects A project eligible to be carried out with a capital construction grant includes— (A) the removal, retrofit, or mitigation of an eligible facility; and (B) the replacement of an eligible facility with a new facility that— (i) restores community connectivity; and (ii) is— (I) sensitive to the context of the surrounding community; and (II) otherwise eligible for funding under title 23, United States Code. (4) Selection The Secretary shall— (A) solicit applications for capital construction grants; and (B) evaluate applications on the basis of— (i) the degree to which the project will improve mobility and access through the removal of barriers; (ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; (iii) the impact of the project on freight movement; (iv) the results of a cost-benefit analysis of the project; (v) the opportunities for inclusive economic development; (vi) the degree to which the eligible facility is out of context with the current or planned land use; (vii) the results of any feasibility study completed for the project; and (viii) the plan of the applicant for— (I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and (II) contracting and subcontracting with disadvantaged business enterprises. (5) Minimum award amounts A capital construction grant shall be in an amount not less than $5,000,000 per recipient. (6) Federal share (A) In general Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. (B) Maximum Federal involvement Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. (7) Community advisory board (A) In general To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall— (i) facilitate community engagement with respect to the project; and (ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. (B) Membership If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— (i) the community; (ii) owners of businesses that serve the community; (iii) labor organizations that represent workers that serve the community; and (iv) State and local government. (e) Reports (1) USDOT report on program Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including— (A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and (B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— (i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and (ii) environmental impacts and economic development opportunities in the project area. (2) GAO report on highway removals Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that— (A) identifies examples of projects to remove highways using Federal highway funds; (B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; (D) analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and (E) provides recommendations for integrating those assessments into transportation planning and decision-making processes. (f) Technical assistance Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). 1510. Cybersecurity tool; cyber coordinator (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2) Cyber incident The term cyber incident has the meaning given the term significant cyber incident in Presidential Policy Directive–41 (July 26, 2016, relating to cyber incident coordination). (3) Transportation authority The term transportation authority means— (A) a public authority (as defined in section 101(a) of title 23, United States Code); (B) an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); (C) a manufacturer that manufactures a product related to transportation; and (D) a division office of the Federal Highway Administration. (b) Cybersecurity tool (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. (2) Requirements In developing the tool under paragraph (1), the Administrator shall— (A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity); (B) establish a structured cybersecurity assessment and development program; (C) consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and (D) provide for a period of public comment and review on the tool. (c) Designation of cyber coordinator (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a cyber coordinator , which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. (2) Requirements The office designated under paragraph (1) shall— (A) provide to transportation authorities a secure method of notifying a single Federal entity of cyber incidents; (B) monitor cyber incidents that affect transportation authorities; (C) alert transportation authorities to cyber incidents that affect those transportation authorities; (D) investigate unaddressed cyber incidents that affect transportation authorities; and (E) provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems. 1511. Report on emerging alternative fuel vehicles and infrastructure (a) Definitions In this section: (1) Emerging alternative fuel vehicle The term emerging alternative fuel vehicle means a vehicle fueled by hydrogen, natural gas, or propane. (2) Emerging alternative fueling infrastructure The term emerging alternative fueling infrastructure means infrastructure for fueling an emerging alternative fuel vehicle. (b) Report Not later than 1 year after the date of enactment of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress and make publicly available a report that— (1) includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report; (2) identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the 5-year period beginning on the date of submission of the report; (3) identifies specific areas, such as a lack of pipeline infrastructure, that may impede deployment and adoption of emerging alternative fuel vehicles; (4) includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure; (5) estimates the future need for emerging alternative fueling infrastructure to support the adoption and use of emerging alternative fuel vehicles; and (6) includes a tool to allow States to compare and evaluate different adoption and use scenarios for emerging alternative fuel vehicles, with the ability to adjust factors to account for regionally specific characteristics. 1512. Nonhighway recreational fuel study (a) Definitions In this section: (1) Highway Trust Fund The term Highway Trust Fund means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (2) Nonhighway recreational fuel taxes The term nonhighway recreational fuel taxes means taxes under section 4041 and 4081 of the Internal Revenue Code of 1986 with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). (3) Recreational trails program The term recreational trails program means the recreational trails program under section 206 of title 23, United States Code. (b) Assessment; report (1) Assessment Not later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. (2) Report After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes— (A) to assist Congress in determining an appropriate funding level for the recreational trails program— (i) a description of the results of the assessment; and (ii) an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and (B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. (c) Consultation In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate— (1) the heads of— (A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and (B) division offices of the Department; (2) the Secretary of the Treasury; (3) the Administrator of the Federal Highway Administration; and (4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates. 1513. Buy America Section 313 of title 23, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Waivers (1) In general Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public— (A) notice of the proposed waiver; (B) an opportunity for comment on the proposed waiver; and (C) the reasons for the proposed waiver. (2) Report Not less frequently than annually, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the waivers provided under this section. . 1514. High priority corridors on the National Highway System (a) High priority corridors Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) is amended by adding at the end the following: (92) United States Route 421 from the interchange with Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina. (93) The South Mississippi Corridor from the Louisiana and Mississippi border near Natchez, Mississippi, to Gulfport, Mississippi, shall generally follow— (A) United States Route 84 from the Louisiana border at the Mississippi River passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to the logical terminus with Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 south to the vicinity of Hattiesburg, Mississippi; and (B) United States Route 49 from the vicinity of Hattiesburg, Mississippi, south to Interstate Route 10 in the vicinity of Gulfport, Mississippi, following Mississippi Route 601 south and terminating near the Mississippi State Port at Gulfport. (94) The Kosciusko to Gulf Coast corridor commencing at the logical terminus of Interstate Route 55 near Vaiden, Mississippi, running south and passing east of the vicinity of the Jackson Urbanized Area, connecting to United States Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with Interstate Route 10 in the vicinity of Gulfport, Mississippi. (95) The Interstate Route 22 spur from the vicinity of Tupelo, Mississippi, running south generally along United States Route 45 to the vicinity of Shannon, Mississippi. (96) The route that generally follows United States Route 412 from its intersection with Interstate Route 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate Route 49 in Springdale, Arkansas. (97) The Louie B. Nunn Cumberland Expressway from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. (98) The route that generally follows State Route 7 from Grenada, Mississippi, to Holly Springs, Mississippi, passing in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route 22 in the vicinity of Holly Springs, Mississippi. . (b) Designation as future Interstates Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence by striking and subsection (c)(91) and inserting subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), subsection (c)(94), subsection (c)(95), subsection (c)(96), and subsection (c)(97) . (c) Numbering of parkway Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 598; 133 Stat. 3018) is amended by adding at the end the following: The route referred to in subsection (c)(97) is designated as Interstate Route I–365. . (d) GAO report on designation of segments as part of Interstate System (1) Definition of applicable segment In this subsection, the term applicable segment means the route described in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032). (2) Report (A) In general Not later than 2 years after the date on which the applicable segment is open for operations as part of the Interstate System, the Comptroller General of the United States shall submit to Congress a report on the impact, if any, during that 2-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the Interstate System. (B) Requirements The report under subparagraph (A) shall— (i) be informed by the views and documentation provided by the State highway agency (or equivalent agency) in the State in which the applicable segment is located; (ii) describe any impacts on safety and infrastructure on the applicable segment; (iii) describe any view of the State highway agency (or equivalent agency) in the State in which the applicable segment is located on the impact of the applicable segment; and (iv) focus only on the applicable segment. 1515. Interstate weight limits Section 127 of title 23, United States Code, is amended— (1) in subsection (l)(3)(A)— (A) in the matter preceding clause (i), in the first sentence, by striking clauses (i) through (iv) of this subparagraph and inserting clauses (i) through (v) ; and (B) by adding at the end the following: (v) The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. ; and (2) by adding at the end the following: (v) Operation of vehicles on certain North Carolina highways If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (w) Operation of vehicles on certain Oklahoma highways If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without any regard to any requirement under this section. . 1516. Report on air quality improvements (a) In general Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report that evaluates the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code (referred to in this section as the program ), to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Contents The evaluation under subsection (a) shall include an evaluation of— (1) the reductions of ozone, carbon monoxide, and particulate matter that result from projects under the program; (2) the cost-effectiveness of the reductions described in paragraph (1); (3) the result of investments of funding under the program in minority and low-income communities that are disproportionately affected by ozone, carbon monoxide, and particulate matter; (4) the effectiveness, with respect to the attainment or maintenance of national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) for ozone, carbon monoxide, and particulate matter, of performance measures established under section 150(c)(5) of title 23, United States Code, and performance targets established under subsection (d) of that section for traffic congestion and on-road mobile source emissions; (5) the extent to which there are any types of projects that are not eligible funding under the program that would be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in paragraph (4); and (6) the extent to which projects under the program reduce sulfur dioxide, nitrogen dioxide, and lead. 1517. Roadside highway safety hardware (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall implement, to the maximum extent practicable, the following recommendations from the report of the Government Accountability Office entitled Highway Safety: More Robust DOT Oversight of Guardrails and Other Roadside Hardware Could Further Enhance Safety published in June 2016 and numbered GAO–16–575: (1) Develop a process for third party verification of full-scale crash testing results from crash test labs to include a process for— (A) formally verifying the testing outcomes; and (B) providing for an independent pass/fail determination. (2) Establish a process to enhance the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b) Continued issuance of eligibility letters Until the implementation of the recommendations described in subsection (a) is complete, the Secretary shall ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters as a service to States. 1518. Permeable pavements study (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study— (1) to gather existing information on the effects of permeable pavements on flood control in different contexts, including in urban areas, and over the lifetime of the permeable pavement; (2) to perform research to fill gaps in the existing information gathered under paragraph (1); and (3) to develop— (A) models for the performance of permeable pavements in flood control; and (B) best practices for designing permeable pavement to meet flood control requirements. (b) Data survey In carrying out the study under subsection (a), the Secretary shall develop— (1) a summary, based on available literature and models, of localized flood control capabilities of permeable pavement that considers long-term performance and cost information; and (2) best practices for the design of localized flood control using permeable pavement that considers long-term performance and cost information. (c) Publication The Secretary shall make a report describing the results of the study under subsection (a) publicly available. 1519. Emergency relief projects (a) Definition of emergency relief project In this section, the term emergency relief project means a project carried out under the emergency relief program under section 125 of title 23, United States Code. (b) Improving the emergency relief program Not later than 90 days after the date of enactment of this Act, the Secretary shall— (1) revise the emergency relief manual of the Federal Highway Administration— (A) to include and reflect the definition of the term resilience (as defined in section 101(a) of title 23, United States Code); (B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in— (A) the emergency relief program under section 125 of title 23, United States Code; and (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track— (A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United States Code; and (B) the costs of emergency relief projects. 1520. Study on stormwater best management practices (a) Study Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator of the Environment Protection Agency shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study— (1) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load (as defined in section 130.2 of title 40, Code of Federal Regulations (or successor regulations)) requirements; (2) to provide recommendations regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation Research Board determines to be appropriate); and (3) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in paragraphs (1) and (2) to entities issued permits under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.). (b) Requirements If the Transportation Research Board enters into an agreement under subsection (a), in conducting the study under that subsection, the Transportation Research Board shall— (1) review and supplement, as appropriate, the methodologies examined and recommended in the report of the National Academies of Sciences, Engineering, and Medicine entitled Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff and dated 2019; (2) consult with— (A) the Secretary; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Army, acting through the Chief of Engineers; and (D) State departments of transportation; and (3) solicit input from— (A) stakeholders with experience in implementing stormwater management practices for projects; and (B) educational and technical stormwater management groups. (c) Report If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study. 1521. Stormwater best management practices reports (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2) Best management practices report The term best management practices report means— (A) the 2014 report sponsored by the Administrator entitled Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices ; and (B) the 1997 report sponsored by the Administrator entitled Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring . (b) Reissuance Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each best management practices report to reflect new information and advancements in stormwater management. (c) Updates Not less frequently than once every 5 years after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator shall update and reissue the best management practices report until the earlier of the date on which— (1) the best management practices report is withdrawn; or (2) the contents of the best management practices report are incorporated (including by reference) into applicable regulations of the Administrator. 1522. Invasive plant elimination program (a) Definitions In this section: (1) Invasive plant The term invasive plant means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip, sericea lespedeza, spotted knapweed, garlic mustard, and palmer amaranth. (2) Program The term program means the grant program established under subsection (b). (3) Transportation corridor The term transportation corridor means a road, highway, railroad, or other surface transportation route. (b) Establishment The Secretary shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (c) Application To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible activities (1) In general Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (2) Prioritization of projects In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly. (3) Prohibition on certain uses of funds Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless— (A) mowing is identified as the best means of treatment according to best management practices; or (B) mowing is used in conjunction with another treatment. (4) Limitation Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. (5) Administrative and indirect costs Not more than 5 percent of the amounts provided to a State under the program may be used for the administrative and other indirect costs (such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities. (e) Requirements (1) Coordination In carrying out eligible activities with a grant under the program, a State shall coordinate with— (A) units of local government, political subdivisions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; (B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and (C) with respect to the most effective roadside control methods, State and Federal land management agencies and any relevant Tribal authorities. (2) Annual report Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. (f) Federal share (1) In general The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be— (A) in the case of a project that utilizes revegetation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and (B) in the case of any other project not described in subparagraph (A), 50 percent. (2) Certain funds counted toward non-Federal share A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calculating the non-Federal share required under the program. (g) Funding There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026. 1523. Over-the-road bus tolling equity Section 129(a) of title 23, United States Code, is amended— (1) in paragraph (3)(B)(i), by inserting , together with the results of the audit under paragraph (9)(C), after the audits ; and (2) in paragraph (9)— (A) by striking An over-the-road and inserting the following: (A) In general An over-the-road ; (B) in subparagraph (A) (as so designated), by striking public transportation buses and inserting public transportation vehicles ; and (C) by adding at the end the following: (B) Reports (i) In general Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. (ii) Updates A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. (iii) Publication The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. (C) Annual audit (i) In general A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall— (I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and (II) report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. (ii) Records After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. (iii) Noncompliance If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance. . 1524. Bridge terminology (a) Condition of NHS bridges Section 119(f)(2) of title 23, United States Code, is amended by striking structurally deficient each place it appears and inserting in poor condition . (b) National Bridge and Tunnel inventories Section 144(b)(5) of title 23, United States Code, is amended by striking structurally deficient bridge and inserting bridge classified as in poor condition . (c) Tribal transportation facility bridges Section 202(d) of title 23, United States Code, is amended— (1) in paragraph (1), by striking deficient bridges eligible for the tribal transportation program and inserting bridges eligible for the tribal transportation program classified as in poor condition, having low load capacity, or needing geometric improvements ; and (2) in paragraph (3)(C), by striking structurally deficient or functionally obsolete and inserting classified as in poor condition, having a low load capacity, or needing geometric improvements . 1525. Technical corrections (a) Section 101(b)(1) of title 23, United States Code, is amended by inserting Highways after and Defense . (b) Section 104(f)(3) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking federal highway administration and inserting an operating administration of the Department of Transportation ; and (2) in subparagraph (A), by striking the Federal Highway Administration and inserting an operating administration of the Department of Transportation . (c) Section 108(c)(3)(F) of title 23, United States Code, is amended— (1) by inserting of 1969 ( 42 U.S.C. 4321 et seq.) after Policy Act ; and (2) by striking this Act and inserting this title . (d) Section 112(b)(2) of title 23, United States Code, is amended by striking (F) (F) Subparagraphs and inserting the following: (F) Exclusion Subparagraphs . (e) Section 115(c) of title 23, United States Code, is amended by striking section 135(f) and inserting section 135(g) . (f) Section 130(g) of title 23, United States Code, is amended— (1) in the third sentence— (A) by striking and Transportation, and inserting and Transportation ; and (B) by striking thereafter,, and inserting thereafter, ; and (2) in the fifth sentence, by striking railroad highway and inserting railway-highway . (g) Section 135(g) of title 23, United States Code, is amended— (1) in paragraph (3), by striking operators),, and inserting operators), ; and (2) in paragraph (6)(B), by striking 5310, 5311, 5316, and 5317 and inserting 5310 and 5311 . (h) Section 139 of title 23, United States Code (as amended by section 1301), is amended— (1) in subsection (b)(1), by inserting ( 42 U.S.C. 4321 et seq.) after of 1969 ; (2) in subsection (c), by inserting ( 42 U.S.C. 4321 et seq.) after of 1969 each place it appears; and (3) in subsection (k)(2), by inserting ( 42 U.S.C. 4321 et seq.) after of 1969 . (i) Section 140(a) of title 23, United States Code, is amended, in the third sentence, by inserting a comma after Secretary . (j) Section 148(i)(2)(D) of title 23, United States Code, is amended by striking safety safety and inserting safety . (k) Section 166(a)(1) of title 23, United States Code, is amended by striking the paragraph designation and heading and all that follows through A public authority and inserting the following: (1) Authority of public authorities A public authority . (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is amended by striking ( 25 U.S.C. 450 et seq.) and inserting ( 25 U.S.C. 5301 et seq.) . (m) Section 202 of title 23, United States Code, is amended— (1) by striking ( 25 U.S.C. 450 et seq.) each place it appears and inserting ( 25 U.S.C. 5301 et seq.) ; (2) in subsection (a)(10)(B), by striking ( 25 U.S.C. 450e(b) ) and inserting ( 25 U.S.C. 5307(b) ) ; and (3) in subsection (b)(5), in the matter preceding subparagraph (A), by inserting the after agreement under . (n) Section 206(d)(2)(G) of title 23, United States Code, is amended by striking use of recreational trails and inserting uses of recreational trails . (o) Section 207 of title 23, United States Code, is amended— (1) in subsection (g)— (A) by striking ( 25 U.S.C. 450j–1 ) and inserting ( 25 U.S.C. 5325 ) ; and (B) by striking ( 25 U.S.C. 450j–1(f) ) and inserting ( 25 U.S.C. 5325(f) ) ; (2) in subsection (l)— (A) in paragraph (1), by striking ( 25 U.S.C. 458aaa–5 ) and inserting ( 25 U.S.C. 5386 ) ; (B) in paragraph (2), by striking ( 25 U.S.C. 458aaa–6 ) and inserting ( 25 U.S.C. 5387 ) ; (C) in paragraph (3), by striking ( 25 U.S.C. 458aaa–7 ) and inserting ( 25 U.S.C. 5388 ) ; (D) in paragraph (4), by striking ( 25 U.S.C. 458aaa–9 ) and inserting ( 25 U.S.C. 5390 ) ; (E) in paragraph (5), by striking ( 25 U.S.C. 458aaa–10 ) and inserting ( 25 U.S.C. 5391 ) ; (F) in paragraph (6), by striking ( 25 U.S.C. 458aaa–11 ) and inserting ( 25 U.S.C. 5392 ) ; (G) in paragraph (7), by striking ( 25 U.S.C. 458aaa–14 ) and inserting ( 25 U.S.C. 5395 ) ; (H) in paragraph (8), by striking ( 25 U.S.C. 458aaa–15 ) and inserting ( 25 U.S.C. 5396 ) ; and (I) in paragraph (9), by striking ( 25 U.S.C. 458aaa–17 ) and inserting ( 25 U.S.C. 5398 ) ; and (3) in subsection (m)(2)— (A) by striking 505 and inserting 501 ; and (B) by striking ( 25 U.S.C. 450b ; 458aaa) and inserting ( 25 U.S.C. 5304 ; 5381) . (p) Section 217(d) of title 23, United States Code, is amended by striking 104(b)(3) and inserting 104(b)(4) . (q) Section 323(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), in the second sentence, by inserting ( 42 U.S.C. 4321 et seq.) after of 1969 . (r) Section 325 of title 23, United States Code, is repealed. (s) Section 504(g)(6) of title 23, United States Code, is amended by striking make grants or to and inserting make grants to . (t) The analysis for chapter 3 of title 23, United States Code, is amended by striking the item relating to section 325. 1526. Working group on covered resources (a) Definitions In this section: (1) Covered resource The term covered resource means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand, and gravel. (2) State The term State means each of the several States, the District of Columbia, and each territory or possession of the United States. (3) Working Group The term Working Group means the working group established under subsection (b). (b) Establishment Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects. (c) Membership (1) Appointment The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) Representation The Working Group shall include not less than 1 representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary determines appropriate. (3) Termination The Working Group shall terminate 180 days after the date on which the Secretary receives the report under subsection (f)(1). (d) Duties In carrying out the study required under subsection (b), the Working Group shall analyze— (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (e) Consultation In carrying out the study required under subsection (b), the Working Group shall consult with, as appropriate— (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; (5) other Federal entities that provide funding for transportation projects; and (6) any other stakeholder the Working Group determines appropriate. (f) Reports (1) Working group report Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes— (A) the findings of the study required under subsection (b), including a summary of comments received during the consultation process under subsection (e); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) Departmental report Not later than 90 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under the report and any recommendations, as appropriate. 1527. Blood transport vehicles Section 166(b) of title 23, United States Code, is amended by adding at the end the following: (6) Blood transport vehicles The public authority may allow blood transport vehicles that are transporting blood between a collection point and a hospital or storage center to use the HOV facility if the public authority establishes requirements for clearly identifying such vehicles. . 1528. Pollinator-friendly practices on roadsides and highway rights-of-way (a) In general Chapter 3 of title 23, United States Code (as amended by section 1309(a)), is amended by adding at the end the following: 332. Pollinator-friendly practices on roadsides and highway rights-of-way (a) In general The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally-appropriate grasses and wildflowers, including milkweed. (b) Eligible entities An entity eligible to receive a grant under this section is— (1) a State department of transportation; (2) an Indian tribe; or (3) a Federal land management agency. (c) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d). (d) Pollinator-friendly practices plan (1) In general An eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including— (A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as— (i) reducing the mowing swath outside of the State-designated safety zone; (ii) increasing the mowing height; (iii) reducing the mowing frequency; (iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; (v) use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or (vi) reducing raking along roadsides and highway rights-of-way; (B) implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; (C) planting or seeding of native, locally-appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; (D) removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; (E) obtaining expert training or assistance on pollinator-friendly practices, including— (i) native plant identification; (ii) establishment and management of locally-appropriate native plants that benefit pollinators; (iii) land management practices that benefit pollinators; and (iv) pollinator-focused integrated vegetation management; or (F) any other pollinator-friendly practices the Secretary determines to be appropriate. (2) Coordination In developing a plan under paragraph (1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. (3) Consultation In developing a plan under paragraph (1)— (A) an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and (B) any eligible entity may consult with nonprofit organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities. (e) Award of grants (1) In general The Secretary shall provide a grant to each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the Secretary determines to be satisfactory. (2) Amount of grants The amount of a grant under this section— (A) shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement; and (B) shall not exceed $150,000. (f) Use of funds An eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d). (g) Federal share The Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent. (h) Best practices The Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way. (i) Technical assistance On request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or further development of a plan under subsection (d). (j) Administrative costs For each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section. (k) Report Not later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section. (l) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. (2) Availability Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized. . (b) Clerical amendment The analysis for chapter 3 of title 23, United States Code (as amended by section 1309(b)), is amended by adding at the end the following: 332. Pollinator-friendly practices on roadsides and highway rights-of-way. . 1529. Active transportation infrastructure investment program (a) In general Subject to the availability of appropriations, the Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Eligible projects partially on Federal land With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c) Application considerations In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following: (1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans— (A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through— (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the success and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life. (d) Use of funds (1) In general Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate— (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2) Planning and design grants Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3) Administrative costs Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (4) Limitation on statutory construction Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code. (e) Grant timing (1) Request for application Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year. (2) Selection of grant recipients Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year. (f) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (2) Exception for disadvantaged communities For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost. (g) Assistance to Indian tribes In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act. (h) Reports (1) Interim report Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report: (A) A list of grants made under this section. (B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects. (C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation. (i) Rule required Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environment. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (2) Availability The amounts made available to carry out this section shall remain available until expended. (k) Definitions In this section: (1) Active transportation The term active transportation means mobility options powered primarily by human energy, including bicycling and walking. (2) Active transportation network The term active transportation network means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region. (3) Active transportation spine The term active transportation spine means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States. (4) Community The term community means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible organization The term eligible organization means— (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multicounty special district; (C) a State; (D) a multistate group of governments; or (E) an Indian tribe. (6) Eligible project The term eligible project means an active transportation project or group of projects— (A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and (B) that has— (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (8) Total project cost The term total project cost means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including— (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the eligible project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments; (F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable. II Transportation infrastructure finance and innovation 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments (a) Definitions Section 601(a) of title 23, United States Code, is amended— (1) in subparagraph (E) of paragraph (10), by striking 3 years and inserting 5 years ; and (2) in paragraph (12)— (A) by striking subparagraph (E) and inserting the following: (E) a project to improve or construct public infrastructure— (i) that— (I) is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; or (II) is a project for economic development, including commercial and residential development, and related infrastructure and activities— (aa) that incorporates private investment; (bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service; (cc) for which the project sponsor has a high probability of commencing the contracting process for construction by not later than 90 days after the date on which credit assistance under the TIFIA program is provided for the project; and (dd) that has a high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs; and (ii) for which, by not later than September 30, 2026, the Secretary has— (I) received a letter of interest; and (II) determined that the project is eligible for assistance; ; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (G) an eligible airport-related project (as defined in section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has— (i) received a letter of interest; and (ii) determined that the project is eligible for assistance; and (H) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that— (i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ); and (ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title. . (b) Eligibility Section 602(a)(2) of title 23, United States Code, is amended— (1) in subparagraph (A)(iv)— (A) by striking a rating and inserting an investment-grade rating ; and (B) by striking $75,000,000 and inserting $150,000,000 ; and (2) in subparagraph (B)— (A) by striking the senior debt and inserting senior debt ; and (B) by striking credit instrument is for an amount less than $75,000,000 and inserting total amount of other senior debt and the Federal credit instrument is less than $150,000,000 . (c) Federal requirements Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking and the requirements of section 5333(a) of title 49 for rail projects, and inserting the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(b) and 50101 of title 49 for airport-related projects, . (d) Processing timelines Section 602(d) of title 23, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting paragraph (2) ; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Processing timelines Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary. . (e) Maturity date of certain secured loans Section 603(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (2) by adding at the end the following: (C) Long lived assets In the case of a capital asset with an estimated life of more than 50 years, the final maturity date of the secured loan shall be the lesser of— (i) 75 years after the date of substantial completion of the project; or (ii) 75 percent of the estimated useful life of the capital asset. . (f) Secured loans Section 603(c)(4)(A) of title 23, United States Code, is amended— (1) by striking Any excess and inserting the following: (i) In general Except as provided in clause (ii), any excess ; and (2) by adding at the end the following: (ii) Certain applicants In the case of a secured loan or other secured Federal credit instrument provided after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , if the obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49. . (g) Technical amendment Section 602(e) of title 23, United States Code, is amended by striking section 601(a)(1)(A) and inserting section 601(a)(2)(A) . (h) Streamlined application process Section 603(f) of title 23, United States Code, is amended by adding at the end the following: (3) Additional terms for expedited decisions (A) In general Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet— (i) the terms under paragraph (2); and (ii) the additional criteria described in subparagraph (B). (B) Additional criteria The additional criteria referred to in subparagraph (A)(ii) are the following: (i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau. (ii) The secured loan is rated in the A category or higher. (iii) The TIFIA program share of eligible project costs is 33 percent or less. (iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. (v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). (C) Written notice The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project. . (i) Funding (1) In general Section 608(a) of title 23, United States Code, is amended— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: (4) Limitation for certain projects (A) Transit-oriented development projects For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year. (B) Airport-related projects The Secretary may use to carry out projects described in section 601(a)(12)(G)— (i) for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and (ii) for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021). ; and (C) by striking paragraph (6) (as so redesignated) and inserting the following: (6) Administrative costs Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program. . (2) Conforming amendment Section 605(f)(1) of title 23, United States Code, is amended by striking section 608(a)(5) and inserting section 608(a)(6) . (j) Status reports Section 609 of title 23, United States Code, is amended by adding at the end the following: (c) Status reports (1) In general The Secretary shall publish on the website for the TIFIA program— (A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and (B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. (2) Inclusions Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report— (A) the name of the party submitting the letter of interest or application; (B) the name of the project; (C) the date on which the letter of interest or application was received; (D) the estimated project eligible costs; (E) the type of credit assistance sought; and (F) the anticipated fiscal year and quarter for closing of the credit assistance. . (k) State infrastructure bank program Section 610 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (B) in paragraph (2), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (C) in paragraph (3), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (2) in subsection (k), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . (l) Report Not later than September 30, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the impact of the amendment relating to airport-related projects under subsection (a)(2)(C) and subsection (i)(1)(B), including— (1) information on the use of TIFIA program (as defined in section 601(a) of title 23, United States Code) funds for eligible airport-related projects (as defined in section 40117(a) of title 49, United States Code); and (2) recommendations for modifications to the TIFIA program. III Research, technology, and education 3001. Strategic innovation for revenue collection (a) In general The Secretary shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as user-based alternative revenue mechanisms ) to help maintain the long-term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level. (b) Grants (1) In general The Secretary shall provide grants to eligible entities to carry out pilot projects under this section. (2) Applications To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Objectives The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives: (A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among— (i) differing income groups; and (ii) rural and urban drivers, as applicable. (B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms. (C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms. (D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors. (E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism. (F) To conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs. (G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system. (H) To ensure, to the greatest extent practicable, the use of innovation. (I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations. (J) To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on— (i) transportation revenues; (ii) personal mobility, driving patterns, congestion, and transportation costs; and (iii) freight movement and costs. (K) To evaluate options for the integration of a user-based alternative revenue mechanism with— (i) nationwide transportation revenue collections and regulations; (ii) toll revenue collection platforms; (iii) transportation network company fees; and (iv) any other relevant transportation revenue mechanisms. (4) Eligible entity An entity eligible to apply for a grant under this section is— (A) a State or a group of States; (B) a local government or a group of local governments; or (C) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code) or a group of metropolitan planning organizations. (5) Use of funds An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3). (6) Consideration The Secretary shall consider geographic diversity in awarding grants under this subsection. (7) Federal share The Federal share of the cost of a pilot project carried out under this section may not exceed— (A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and (B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section. (c) Limitation on revenue collected Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code. (d) Recommendations and report Not later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 3002(g)(1), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) summarizes the results of the pilot projects under this section and the national pilot program under section 3002; and (2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism. (e) Funding (1) In general Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $15,000,000 shall be used for pilot projects under this section. (2) Flexibility If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 3002 or to the highway research and development program under section 503(b) of title 23, United States Code— (A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under this section; and (B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A). (f) Repeal (1) In general Section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) is repealed. (2) Clerical amendment The table of contents in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312) is amended by striking the item relating to section 6020. 3002. National motor vehicle per-mile user fee pilot (a) Definitions In this section: (1) Advisory board The term advisory board means the Federal System Funding Alternative Advisory Board established under subsection (g)(1). (2) Commercial vehicle The term commercial vehicle has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. (3) Highway Trust Fund The term Highway Trust Fund means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986. (4) Light truck The term light truck has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). (5) Medium- and heavy-duty truck The term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section 32901(a) of title 49, United States Code. (6) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (7) Per-mile user fee The term per-mile user fee means a revenue mechanism that— (A) is applied to road users operating motor vehicles on the surface transportation system; and (B) is based on the number of vehicle miles traveled by an individual road user. (8) Pilot program The term pilot program means the pilot program established under subsection (b)(1). (9) Volunteer participant The term volunteer participant means— (A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; (B) a commercial vehicle operator who volunteers to participate in the pilot program; or (C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program. (b) Establishment (1) In general The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee— (A) to restore and maintain the long-term solvency of the Highway Trust Fund; and (B) to improve and maintain the surface transportation system. (2) Objectives The objectives of the pilot program are— (A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee; (B) to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and (C) to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee. (c) Parameters In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall— (1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; (2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; (3) ensure an equitable geographic distribution by population among volunteer participants; (4) include commercial vehicles and passenger motor vehicles; and (5) use components of and, where appropriate, coordinate with— (A) the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and (B) eligible entities that received a grant under section 3001. (d) Methods (1) Tools In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools: (A) Third-party on-board diagnostic (OBD-II) devices. (B) Smart phone applications. (C) Telemetric data collected by automakers. (D) Motor vehicle data obtained by car insurance companies. (E) Data from the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). (F) Motor vehicle data obtained from fueling stations. (G) Any other method that the Secretary considers appropriate. (2) Coordination (A) Selection The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program. (B) Volunteer participants In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1). (e) Motor vehicle per-mile user fees For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts. (f) Volunteer participants The Secretary, in coordination with the Secretary of the Treasury, shall— (1) (A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and (B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and (2) issue policies relating to the protection of volunteer participants, including policies that— (A) protect the privacy of volunteer participants; and (B) secure the data provided by volunteer participants. (g) Federal system funding alternative advisory board (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the Federal System Funding Alternative Advisory Board , to assist with— (A) providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program; (B) carrying out the public awareness campaign under subsection (h); and (C) developing the report under subsection (n). (2) Membership The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary: (A) State departments of transportation. (B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). (C) Representatives of the trucking industry, including owner-operator independent drivers. (D) Data security experts with expertise in personal privacy. (E) Academic experts on surface transportation systems. (F) Consumer advocates, including privacy experts. (G) Advocacy groups focused on equity. (H) Owners of motor vehicle fleets. (I) Owners and operators of toll facilities. (J) Tribal groups or representatives. (K) Any other representatives or entities, as determined appropriate by the Secretary. (3) Recommendations Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program. (h) Public awareness campaign (1) In general The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information— (A) related to the pilot program; (B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and (C) related to consumer privacy. (2) Considerations In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. (i) Revenue collection The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which— (1) may be adjusted as needed to address technical challenges; and (2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. (j) Agreement The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. (k) Limitation Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code. (l) Highway trust fund The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund. (m) Refund Not more than 45 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury shall calculate and issue an equivalent refund to such volunteer participant for applicable Federal motor fuel taxes under section 4041 and section 4081 of the Internal Revenue Code of 1986. (n) Report to Congress Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of— (1) whether the objectives described in subsection (b)(2) were achieved; (2) how volunteer participant protections in subsection (f)(2) were complied with; (3) whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; (4) how the privacy of volunteers was maintained; and (5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. (o) Funding (1) In general Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $10,000,000 shall be used to carry out the pilot program under this section. (2) Excess funds Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 3001. 3003. Performance management data support program Section 6028(c) of the FAST Act ( 23 U.S.C. 150 note; Public Law 114–94 ) is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 3004. Data integration pilot program (a) Establishment The Secretary shall establish a pilot program— (1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated— (A) weather conditions; (B) roadway conditions; (C) incidents, work zones, and other nonrecurring events related to emergency planning; and (D) information from emergency responders; and (2) to facilitate data integration between the Department, the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum— (A) winter weather; (B) heavy rainfall; and (C) tropical weather events. (b) Requirements In carrying out subsection (a)(1), the Secretary shall— (1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and (2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility. (c) Treatment Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended. 3005. Emerging technology research pilot program (a) Establishment The Secretary shall establish a pilot program to conduct emerging technology research in accordance with this section. (b) Activities The pilot program under this section shall include— (1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and (2) research and development activities (including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure performance)— (A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and (B) to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems. (c) Treatment Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. 3006. Research and technology development and deployment (a) In general Section 503 of title 23, United States Code, is amended— (1) in subsection (a)(2), by striking section 508 and inserting section 6503 of title 49 ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (E) engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and (F) consult frequently with public and private entities on new transportation technologies. ; (B) in paragraph (2)(C)— (i) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively; and (ii) by inserting after clause (ix) the following: (x) safety measures to reduce the number of wildlife-vehicle collisions; ; (C) in paragraph (3)— (i) in subparagraph (B)(viii), by inserting weather after extreme ; and (ii) in subparagraph (C)— (I) in clause (xv), by inserting extreme weather events and after withstand ; (II) in clause (xviii), by striking and at the end; (III) in clause (xix), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (xx) studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights-of-way. ; (D) in paragraph (6)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) to support research on non-market-ready technologies in consultation with public and private entities. ; (E) in paragraph (7)(B)— (i) in the matter preceding clause (i), by inserting innovations by leading after support ; (ii) in clause (iii), by striking and at the end; (iii) in clause (iv), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (v) the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration and key partners. ; (F) in paragraph (8)(A), by striking future highway and all that follows through needs. and inserting the following: “current conditions and future needs of highways, bridges, and tunnels of the United States, including— (i) the conditions and performance of the highway network for freight movement; (ii) intelligent transportation systems; (iii) resilience needs; and (iv) the backlog of current highway, bridge, and tunnel needs. ; and (G) by adding at the end the following: (9) Analysis tools The Secretary may develop interactive modeling tools and databases that— (A) track the full condition of highway assets, including interchanges, and the reconstruction history of those assets; (B) can be used to assess transportation options; (C) allow for the monitoring and modeling of network-level traffic flows on highways; and (D) further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting use of rights-of-way permissible under applicable law, after structures, ; (ii) in subparagraph (D), by striking and at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (F) disseminating and evaluating information from accelerated market readiness efforts, including non-market-ready technologies, to public and private entities. ; (B) in paragraph (2)— (i) in subparagraph (B)(iii), by striking improved tools and methods to accelerate the adoption and inserting and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation ; and (ii) by adding at the end the following: (D) Report Not later than 2 years after the date of enactment of this subparagraph and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on an internet website a report that describes— (i) the activities the Secretary has undertaken to carry out the program established under paragraph (1); and (ii) how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities. ; (C) in paragraph (3)— (i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (ii) by inserting after subparagraph (B) the following: (C) High-friction surface treatment application study (i) Definition of institution In this subparagraph, the term institution means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements. (ii) Study The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement. (iii) Report Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit a report on the results of the study under clause (ii) to— (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Transportation and Infrastructure of the House of Representatives; (III) the Federal Highway Administration; and (IV) the American Association of State Highway and Transportation Officials. ; (iii) in subparagraph (D) (as so redesignated), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (iv) in subparagraph (E) (as so redesignated)— (I) in clause (i), by striking annually and inserting once every 3 years ; and (II) in clause (ii)— (aa) in subclause (III), by striking and at the end; (bb) in subclause (IV), by striking the period at the end and inserting a semicolon; and (cc) by adding at the end the following: (V) pavement monitoring and data collection practices; (VI) pavement durability and resilience; (VII) stormwater management; (VIII) impacts on vehicle efficiency; (IX) the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability; and (X) integration of renewable energy in pavement designs. ; and (D) by adding at the end the following: (5) Accelerated implementation and deployment of advanced digital construction management systems (A) In general The Secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph (1) to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits. (B) Goals The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include— (i) accelerated State adoption of advanced digital construction management systems applied throughout the construction lifecycle (including through the design and engineering, construction, and operations phases) that— (I) maximize interoperability with other systems, products, tools, or applications; (II) boost productivity; (III) manage complexity; (IV) reduce project delays and cost overruns; and (V) enhance safety and quality; (ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; (iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; (iv) the development and deployment of best practices for use in digital construction management; (v) increased technology adoption and deployment by States and units of local government that enables project sponsors— (I) to integrate the adoption of digital management systems and technologies in contracts; and (II) to weigh the cost of digitization and technology in setting project budgets; (vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States and units of local government— (I) to better manage projects using advanced construction management technologies; and (II) to properly measure and reward technology adoption across projects of the State or unit of local government; (vii) development of guidance to assist States in updating regulations of the State to allow project sponsors and contractors— (I) to report data relating to the project in digital formats; and (II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies; (viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and (ix) enhanced worker and pedestrian safety resulting from increased transparency. (C) Funding For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems. (D) Publication (i) In general Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on— (I) progress made in the implementation of advanced digital management systems by States; and (II) the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph. (ii) Inclusions The report under clause (i) may include an analysis of— (I) Federal, State, and local cost savings; (II) project delivery time improvements; (III) congestion impacts; and (IV) safety improvements for roadway users and construction workers. . (b) Advanced transportation technologies and innovative mobility deployment Section 503(c)(4) of title 23, United States Code, is amended— (1) in the heading, by inserting and innovative mobility before deployment ; (2) by striking subparagraph (A) and inserting the following: (A) In general The Secretary shall provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment. ; (3) in subparagraph (B)— (A) in clause (i), by striking the enhanced use and inserting optimization ; (B) in clause (v)— (i) by striking transit, and inserting work zone, weather, transit, paratransit, ; and (ii) by striking and accessible transportation and inserting , accessible, and integrated transportation and transportation services ; (C) by redesignating clauses (vi) through (viii) as clauses (vii), (viii), and (x), respectively; (D) by inserting after clause (v) the following: (vi) facilitate account-based payments for transportation access and services and integrate payment systems across modes; ; (E) in clause (viii) (as so redesignated), by striking or at the end; and (F) by inserting after clause (viii) (as so redesignated) the following: (ix) incentivize travelers— (I) to share trips during periods in which travel demand exceeds system capacity; or (II) to shift trips to periods in which travel demand does not exceed system capacity; or ; (4) in subparagraph (C)— (A) in clause (i), by striking Not later and all that follows through thereafter and inserting Each fiscal year for which funding is made available for activities under this paragraph ; and (B) in clause (ii)— (i) in subclause (I), by inserting mobility, after safety, ; and (ii) in subclause (II)— (I) in item (bb), by striking and at the end; (II) in item (cc), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (dd) facilitating payment for transportation services. ; (5) in subparagraph (D)— (A) in clause (i), by striking Not later and all that follows through thereafter and inserting Each fiscal year for which funding is made available for activities under this paragraph ; and (B) in clause (ii)— (i) by striking In awarding and inserting the following: (I) In general Subject to subclause (II), in awarding ; and (ii) by adding at the end the following: (II) Rural set-aside Not less than 20 percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas. ; (6) in subparagraph (E)— (A) by redesignating clauses (iii) through (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively; (B) by inserting after clause (ii) the following: (iii) advanced transportation technologies to improve emergency evacuation and response by Federal, State, and local authorities; ; (C) by inserting after clause (viii) (as so redesignated) the following: (ix) integrated corridor management systems; (x) advanced parking reservation or variable pricing systems; ; (D) in clause (xi) (as so redesignated)— (i) by inserting , toll collection, after pricing ; and (ii) by striking or at the end; (E) by inserting after clause (xi) (as so redesignated) the following: (xii) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing; (xiii) integration of transportation service payment systems; ; (F) in clause (xiv) (as so redesignated)— (i) by striking and access and inserting , access, and on-demand transportation service ; (ii) by inserting and other shared-use mobility applications after ridesharing ; and (iii) by striking the period at the end and inserting ; or ; and (G) by adding at the end the following: (xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology. ; (7) in subparagraph (F)(ii)(IV), by striking efficiency and multimodal system performance and inserting mobility, efficiency, multimodal system performance, and payment system performance ; (8) in subparagraph (G)— (A) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and (B) by inserting after clause (v) the following: (vi) improved integration of payment systems; ; (9) in subparagraph (I)(i), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (10) by striking subparagraph (J) and inserting the following: (J) Federal share (i) In general Except as provided in clause (ii), the Federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed 50 percent. (ii) Certain projects The Federal share of the cost of a project for which a grant is awarded under this subsection for activities described in subparagraph (E)(xv) shall not exceed 80 percent. ; and (11) in subparagraph (N)— (A) in clause (i), by striking representing a population of over 200,000 ; and (B) in clause (iii), in the matter preceding subclause (I), by striking a any and inserting any . (c) Center of Excellence on new mobility and automated vehicles Section 503(c) of title 23, United States Code (as amended by subsection (a)(3)(D)), is amended by adding at the end the following: (6) Center of Excellence (A) Definitions In this paragraph: (i) Automated vehicle The term automated vehicle means a motor vehicle that— (I) has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and (II) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention. (ii) New mobility The term new mobility includes shared services such as— (I) docked and dockless bicycles; (II) docked and dockless electric scooters; and (III) transportation network companies. (B) Establishment Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets. (C) Partnerships In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or public or private research entity. . (d) Accelerated implementation and deployment of advanced digital construction management systems Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of— (A) the current status of the use of advanced digital construction management systems in each State; and (B) the progress of each State toward accelerating the adoption of advanced digital construction management systems; and (2) an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems. (e) Open challenge and research proposal pilot program (1) In general The Secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs. (2) Requirements A research proposal submitted to the Secretary by an eligible entity shall address— (A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or (B) an issue or challenge that the Secretary determines to be important. (3) Eligible entities An entity eligible to submit a research proposal under the pilot program under paragraph (1) is— (A) a State; (B) a unit of local government; (C) a university transportation center under section 5505 of title 49, United States Code; (D) a private nonprofit organization; (E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through (D); and (F) any other individual or entity that the Secretary determines to be appropriate. (4) Project review The Secretary shall— (A) review each research proposal submitted under the pilot program under paragraph (1); and (B) provide to the eligible entity a written notice that— (i) if the research proposal is not selected— (I) notifies the eligible entity that the research proposal has not been selected for funding; (II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and (III) if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office; and (ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. (5) Federal share (A) In general The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (B) Non-federal share All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection. (f) Conforming amendment Section 167 of title 23, United States Code, is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively. 3007. Workforce development, training, and education (a) Surface transportation workforce development, training, and education Section 504(e) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (D) through (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following: (D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training; ; (C) in subparagraph (E) (as so redesignated), by striking or community college and inserting , college, community college, or vocational school ; and (D) by inserting after subparagraph (F) (as so redesignated) the following: (G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations; ; (2) in paragraph (2), by striking paragraph (1)(G) and inserting paragraph (1)(I) ; and (3) in paragraph (3)— (A) by striking the period at the end and inserting a semicolon; (B) by striking including activities and inserting the following: “including— (A) activities ; and (C) by adding at the end the following: (B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; (C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and (D) activities to attract new sources of job-creating investment. . (b) Transportation education and training development and deployment program Section 504(f) of title 23, United States Code, is amended— (1) in the subsection heading, by striking Development and inserting and Training Development and Deployment ; (2) by striking paragraph (1) and inserting the following: (1) Establishment The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies— (A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or (B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs. ; (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking shall and inserting may ; (B) in subparagraph (A), by inserting current or future after specific ; and (C) in subparagraph (E)— (i) by striking in nontraditional departments ; (ii) by inserting construction, after such as ; and (iii) by inserting or emerging after industrial ; (4) by redesignating paragraph (3) as paragraph (4); and (5) by inserting after paragraph (2) the following: (3) Reporting The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection— (A) the percentage or number of program participants that are employed during the second quarter after exiting the program; (B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; (C) the median earnings of program participants that are employed during the second quarter after exiting the program; (D) the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and (E) the percentage or number of program participants that, during a program year— (i) are in an education or training program that leads to a recognized postsecondary credential or employment; and (ii) are achieving measurable skill gains toward such a credential or employment. . (c) Use of funds Section 504 of title 23, United States Code, is amended by adding at the end the following: (i) Use of funds The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if— (1) the activities are authorized by another provision of this title; and (2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments. . 3008. Wildlife-vehicle collision research (a) General authorities and requirements regarding wildlife and habitat Section 515(h)(2) of title 23, United States Code, is amended— (1) in subparagraph (K), by striking and at the end; (2) by redesignating subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), (K), (L), (M), and (O), respectively; (3) by inserting after subparagraph (C) the following: (D) a representative from a State, local, or regional wildlife, land use, or resource management agency; ; (4) by inserting after subparagraph (I) (as so redesignated) the following: (J) an academic researcher who is a biological or ecological scientist with expertise in transportation issues; ; and (5) by inserting after subparagraph (M) (as so redesignated) the following: (N) a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and . (b) Animal detection systems research and development Section 516(b)(6) of title 23, United States Code, is amended by inserting , including animal detection systems to reduce the number of wildlife-vehicle collisions after systems . 3009. Transportation Resilience and Adaptation Centers of Excellence (a) In general Chapter 5 of title 23, United States Code, is amended by adding at the end the following: 520. Transportation Resilience and Adaptation Centers of Excellence (a) Definition of Center of Excellence In this section, the term Center of Excellence means a Center of Excellence for Resilience and Adaptation designated under subsection (b). (b) Designation The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation. (c) Eligibility An entity eligible to be designated as a Center of Excellence is— (1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or (2) a consortium of nonprofit organizations led by an institution of higher education. (d) Application To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section. (e) Selection (1) Regional Centers of Excellence The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled Standard Federal Regions and dated April 1974 (circular A–105). (2) National Center of Excellence The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers. (3) Criteria In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider— (A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); (B) the merits of the proposal of an eligible entity and the extent to which the proposal would— (i) advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems; (ii) support activities carried out under the PROTECT program under section 176; (iii) support and build on work being carried out by another Federal agency relating to resilience; (iv) inform transportation decisionmaking at all levels of government; (v) engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban, and land use planning, natural resources, environmental protection, hazard mitigation, and emergency management; and (vi) engage community groups and other stakeholders that will be affected by transportation decisions, including underserved, economically disadvantaged, rural, and predominantly minority communities; and (C) the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity. (f) Grants Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g). (g) Activities In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through— (1) supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 ), relevant feasibility analyses of resilient transportation improvements, and transportation resilience planning; (2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; (3) research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure; (4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation; (5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities; (6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders— (A) to assess the vulnerability of transportation infrastructure assets and systems; (B) to develop community response strategies; (C) to meaningfully engage with community stakeholders; and (D) to develop strategies and improvements for enhancing transportation infrastructure resilience under current conditions and a range of potential future conditions; (7) workforce development and training; (8) development and dissemination of data, tools, techniques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; (9) education and outreach regarding transportation infrastructure resilience; and (10) technology transfer and commercialization. (h) Federal share The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent. . (b) Clerical amendment The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following: 520. Transportation Resilience and Adaptation Centers of Excellence. . 3010. Transportation access pilot program (a) Definitions In this section: (1) Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (2) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (3) Surface transportation modes The term surface transportation modes means— (A) driving; (B) public transportation; (C) walking; (D) cycling; and (E) a combination of any of the modes of transportation described in subparagraphs (A) through (D). (4) Pilot program The term pilot program means the transportation pilot program established under subsection (b). (5) Regional transportation planning organization The term regional transportation planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation pilot program. (c) Purpose The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program— (1) to improve the transportation planning of those eligible entities by— (A) measuring the level of access by surface transportation modes to important destinations, which may include— (i) jobs; (ii) health care facilities; (iii) child care services; (iv) educational and workforce training facilities; (v) housing; (vi) food sources; (vii) points within the supply chain for freight commodities; (viii) domestic or international markets; and (ix) connections between surface transportation modes; and (B) disaggregating the level of access by surface transportation modes by a variety of— (i) population categories, which may include— (I) low-income populations; (II) minority populations; (III) age; (IV) disability; and (V) geographical location; or (ii) freight commodities, which may include— (I) agricultural commodities; (II) raw materials; (III) finished products; and (IV) energy commodities; and (2) to assess the change in accessibility that would result from new transportation investments. (d) Eligible entities An entity eligible to participate in the pilot program is— (1) a State; (2) a metropolitan planning organization; or (3) a regional transportation planning organization. (e) Application To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— (1) previous experience of the eligible entity measuring transportation access or other performance management experience, if applicable; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (f) Selection (1) In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) regional transportation planning organizations. (2) Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (g) Duties For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (c); and (2) submit the data set to the eligible entity. (h) Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (i) Availability The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (j) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (k) Transportation system access (1) In general The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A). (2) Savings provision Nothing in this section provides the Secretary the authority— (A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or (B) to establish any other Federal requirement. (l) Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (m) Sunset The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented. IV Indian Affairs 4001. Definition of Secretary In this title, the term Secretary means the Secretary of the Interior. 4002. Environmental reviews for certain tribal transportation facilities (a) Definition of tribal transportation safety project (1) In general In this section, the term tribal transportation safety project means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code. (2) Project described A project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23, United States Code. (b) Reviews of tribal transportation safety projects (1) In general The Secretary or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) Review of applications Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall— (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3) Decisions under other Federal laws In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to the project, the head of the Federal agency responsible for the decision shall— (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4) Extensions The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) Notification and explanation In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall— (A) notify the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. 4003. Programmatic agreements for tribal categorical exclusions (a) In general The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) Inclusions A programmatic agreement under subsection (a)— (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.); and (2) shall— (A) require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow— (i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary and the Secretary of Transportation of the performance of the Indian tribe. 4004. Use of certain tribal transportation funds Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Use of funds Funds made available to carry out this subsection shall be used— (A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; (B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or (C) to implement any countermeasure for tribal transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts. . 4005. Bureau of Indian Affairs road maintenance program There are authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau— (1) $50,000,000 for fiscal year 2022; (2) $52,000,000 for fiscal year 2023; (3) $54,000,000 for fiscal year 2024; (4) $56,000,000 for fiscal year 2025; and (5) $58,000,000 for fiscal year 2026. 4006. Study of road maintenance on Indian land (a) Definitions In this section: (1) Indian land The term Indian land has the meaning given the term Indian lands in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ). (2) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Road The term road means a road managed in whole or in part by the Bureau of Indian Affairs. (4) Secretary The term Secretary means the Secretary, acting through the Assistant Secretary for Indian Affairs. (b) Study Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall carry out a study to evaluate— (1) the long-term viability and useful life of existing roads on Indian land; (2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land; (3) programmatic reforms and performance enhancements necessary to achieve the goal of restructuring and streamlining road maintenance programs on existing or future roads located on Indian land; and (4) recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of local government to maintain roads on Indian land. (c) Tribal consultation and input Before beginning the study under subsection (b), the Secretary shall— (1) consult with any Indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the Bureau of Indian Affairs; and (2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1). (d) Report On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study. (e) Status report Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of— (1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs; (3) the remaining needs of any of the projects referred to in paragraph (1); (4) how the goals described in subsection (b) have been met, including— (A) an identification and assessment of any deficiencies or shortfalls in meeting the goals; and (B) a plan to address the deficiencies or shortfalls in meeting the goals; and (5) any other issues or recommendations provided by an Indian tribe under the consultation and input process under subsection (c) that the Secretary determines to be appropriate. 4007. Maintenance of certain Indian reservation roads The Commissioner of U.S. Customs and Border Protection may transfer funds to the Director of the Bureau of Indian Affairs to maintain, repair, or reconstruct roads under the jurisdiction of the Director, subject to the condition that the Commissioner and the Director shall mutually agree that the primary user of the subject road is U.S. Customs and Border Protection. 4008. Tribal transportation safety needs (a) Definitions In this section: (1) Alaska Native The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Alaska Native village The term Alaska Native village has the meaning given the term Native village in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Best practices, standardized crash report form (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, Indian tribes, Alaska Native villages, and State departments of transportation shall develop— (A) best practices for the compiling, analysis, and sharing of motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities; and (B) a standardized form for use by Indian tribes and Alaska Native communities to carry out those best practices. (2) Purpose The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages. (3) Report On completion of the development of the best practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form. (c) Use of IMARS The Director of the Bureau of Indian Affairs shall require all law enforcement offices of the Bureau, for the purpose of reporting motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities— (1) to use the crash report form of the applicable State; and (2) to upload the information on that form to the Incident Management Analysis and Reporting System (IMARS) of the Department of the Interior. (d) Tribal Transportation Program safety funding Section 202(e)(1) of title 23, United States Code, is amended by striking 2 percent and inserting 4 percent . 4009. Office of Tribal Government Affairs Section 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 6 Assistant and inserting 7 Assistant ; (B) in subparagraph (C), by striking and after the semicolon; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: (D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and ; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following: (f) Office of Tribal Government Affairs (1) Establishment There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs— (A) to oversee the tribal self-governance program under section 207 of title 23; (B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations; (C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and (D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23. .
May 27, 2021 Read twice and placed on the calendar | https://www.govinfo.gov/content/pkg/BILLS-117s1931rs/xml/BILLS-117s1931rs.xml |
117-s-1932 | II 117th CONGRESS 1st Session S. 1932 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Cruz (for himself, Mr. Braun , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To protect individual liberty, ensure privacy, and prohibit discrimination with respect to the vaccination status of individuals, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the No Vaccine Passports Act . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Severability. TITLE I—General provisions Subtitle A—Health information privacy protections Sec. 101. Prohibition on establishment of Federal vaccine passports and tracking of individuals. Sec. 102. Vaccine status protections under HIPAA privacy regulations. Subtitle B—Consent to vaccination Sec. 111. Vaccinations. TITLE II—Prohibition of discrimination based on vaccination status Subtitle A—Nondiscrimination in employment Sec. 201. Definitions. Sec. 202. Discrimination prohibited. Sec. 203. Defenses. Sec. 204. Remedies and enforcement. Subtitle B—Nondiscrimination in public accommodation Sec. 211. Definitions. Sec. 212. Prohibition of discrimination by places of public accommodation. Sec. 213. Prohibition of discrimination in specified public transportation services provided by private entities. Sec. 214. Exemptions for private clubs and religious organizations. Sec. 215. Enforcement. Sec. 216. Effective date. Subtitle C—Nondiscrimination by a public entity and access to Federal services Sec. 221. Nondiscrimination by a public entity. Sec. 222. Access to Federal services. 2. Findings Congress finds as follows: (1) In December 2019, reports began circulating that hospitals in Wuhan, China were seeing cases of a pneumonia-like respiratory illness of unknown origins. (2) On December 31, 2019, an automated translation of a Chinese media report about a novel respiratory outbreak was posted to ProMED, one of the largest public emerging disease and outbreak reporting systems used to promote communication among infectious disease specialists, including scientists, physicians, veterinarians, epidemiologists, and public health professionals. (3) The ProMED posting prompted the World Health Organization (WHO) to instruct its China Country Office to request verification of the outbreak from the communist government of the People’s Republic of China. (4) In response to the WHO-prompted inquiry, the Wuhan Municipal Health Commission issued its first public statement on the outbreak, saying it had identified 27 cases. (5) On January 3, 2020, in what is clear conduct by the Chinese government to cover up the origins and dangers posed by the outbreak, Dr. Li Wenliang, a physician at Wuhan Central Hospital, was reprimanded by local police in the Public Security Bureau for spreading allegedly false statements about the outbreak online. (6) On January 3, 2020, the Chinese Center for Disease Control and Prevention (China CDC) Director-General Gao Fu told the United States Centers for Disease Control and Prevention (United States CDC) Director Robert Redfield about a pneumonia outbreak in Wuhan, Hubei Province, China. (7) On January 6, 2020, the United States Department of Health and Human Services (HHS) Secretary Alex M. Azar II and United States CDC Director Redfield offered to send United States CDC experts to China, and United States CDC issued a Watch Level 1 Alert for Wuhan, meaning that the CDC recognized a heightened risk for travelers, cautioning travelers to use health precautions when traveling to areas in China. (8) On January 11, 2020, a team led by Professor Yong-zhen Zhang of Fudan University in Shanghai posted the genetic sequence of the novel virus on an open-access platform, sharing it with the world. (9) On January 14, 2020, the WHO tweeted, Preliminary investigations conducted by the Chinese authorities have found no clear evidence of human-to-human transmission of the novel coronavirus (2019–nCoV) identified in Wuhan, China . The WHO’s assertion has been proven false and completely contrary to medical science given that there have been nearly 163,000,000 cases of infection worldwide, resulting in more than 3,380,000 deaths. (10) On January 20, 2020, China confirmed person-to-person transmission of the novel coronavirus and infections among medical workers. (11) On January 21, 2020, the United States CDC announced the first COVID–19 case in the United States. (12) On January 30, 2020, WHO Director-General Tedros declared the epidemic a Public Health Emergency of International Concern, and President Donald J. Trump announced the formation of the President's Coronavirus Task Force. In a statement from the WHO regarding the second meeting of its International Health Regulations (2005) Emergency Committee regarding the outbreak of novel coronavirus (2019–nCoV), the Committee specifically did not recommend any travel or trade restriction based on the current information available . (13) On January 31 2020, President Trump suspended entry into the United States of most foreigners who were physically present in mainland China during the preceding 14-day period, effective February 2, 2020, and Secretary Azar declared a public health emergency for the United States to aid response to the novel coronavirus. (14) On February 1, 2020, then-presidential candidate Joe Biden recklessly downplayed the risk of the virus, suggesting in a tweet that President Trump’s efforts to limit the spread of the virus were nothing more than hysteria, xenophobia, and fear-mongering . (15) Numerous individuals criticized these travel restrictions. When asked if you had to, would you close down the borders? to stop the spread of coronavirus, Senator Bernie Sanders said, no . When asked about these travel restrictions, Representative Nancy Pelosi stated, [a]ctually tens of thousands of people were allowed in from China, it wasn't as it was described as this great moment . WHO Director-General Tedros Adhanom Ghebreyesus was reported to say that widespread travel bans and restrictions were not needed to stop the outbreak and could have the effect of increasing fear and stigma, with little public health benefit . Reportedly, Representative Ami Bera stated that the travel ban probably doesn’t make sense since the outbreak had already spread to several other countries, that such measures were causing an antagonistic relationship with the Chinese, and such mandatory quarantines may be overkill . (16) Health experts have since noted that the early United States restrictions imposed on travelers from China saved American lives. Former CDC director Dr. Tom Frieden noted that [t]he travel ban with China made a difference … It resulted in a significant delay in the number of people coming in with infection and because of that, that bought time in the U.S. to better prepare. . While testifying before the House of Representatives, Dr. Anthony Fauci was asked if he believed that the travel restrictions saved lives, to which Dr. Fauci answered, yes, I do . (17) On February 26, 2020, United States CDC confirmed a case of COVID–19 in California in a person who reportedly did not have relevant travel history or exposure to another known patient with COVID–19. (18) On February 29, 2020, United States CDC reported the first COVID–19 death in United States, though later public reports indicated that the first death from COVID–19 may have been weeks earlier. (19) In a 60 Minutes interview posted on March 8, 2020, Dr. Anthony Fauci stated that right now in the United States, people should not be walking around with masks … there’s no reason to be walking around with a mask. When you’re in the middle of an outbreak wearing a mask might make people feel a little bit better, and it might even block a droplet, but it’s not providing the perfect protection that people think that it is. And often, there are unintended consequences, people keep fiddling with the masks, and they keep touching their face … But, when you think masks, you should think of healthcare providers needing them and people who are ill. The people who, when you look at the films of foreign countries and you see eight-five percent of the people wearing masks, that’s fine. That’s fine. I’m not against it. If you want to do it, that’s fine … It could lead to a shortage of masks for the people who really need it. . (20) On April 3, 2020, United States CDC updated its guidance on facial coverings, recommending that Americans wear facial coverings in public settings and especially when social distancing measures are difficult to maintain. (21) On May 15, 2020, the Trump administration announced the establishment of Operation Warp Speed, a public-private partnership to expedite the timeline for development, large scale manufacturing, and delivery of a safe and effective COVID–19 vaccine to the American public. The initial goal of the project was to develop at least 1 vaccine and begin administering it to Americans before the end of 2020. As reported on BioCentury, Dr. Anthony Fauci noted that the fastest a vaccine might be ready for use in an emergency would be 1 year, although the process could take up to 2 years. Before the Senate on March 3, 2020, Dr. Fauci stated that the process would likely take at least 1 to 1 1/2 years to have a vaccine that could be administered to American persons. Some, such as the analytics firm Clarivate, concluded that it might take at least 5 years for the leading vaccine candidates, like Moderna, to complete the development process through full regulatory approval. (22) Operation Warp Speed and other government actions sped COVID–19 vaccine development by enabling typical vaccine development steps to be taken simultaneously with manufacturing and distribution planning. As part of these actions, the Federal Government made investments in critical manufacturing capacity, giving pharmaceutical companies confidence that if they invested in developing a vaccine, once the vaccine received authorization from the Food and Drug Administration, these companies would be able to immediately begin distributing the vaccine. (23) Despite efforts to speed vaccine development to address the COVID–19 pandemic, the emergency use authorization (EUA) process utilized by the Food and Drug Administration (FDA) appears to have met rigorous safety and efficacy standards. (24) On July 14, 2020, United States CDC issued stronger recommendations to wear masks as a strategy for preventing the spread of COVID–19. United States CDC Director Robert Redfield, in a news release from the agency, identified masks as one of the most powerful weapons we have to slow and stop the spread of the virus . (25) On December 11, 2020, the FDA issued the first EUA for a vaccine for the prevention of COVID–19 in individuals 16 years of age and older. The EUA allowed the Pfizer-BioNTech COVID–19 Vaccine to be distributed in the United States. (26) On December 18, 2020, the FDA issued an EUA for the second vaccine for the prevention of COVID–19 in individuals 16 years of age and older. The EUA allowed the Moderna COVID–19 Vaccine to be distributed in the United States for use in individuals 18 years of age and older. (27) On February 27, 2021, the FDA issued an EUA for the third vaccine for the prevention of COVID–19. The EUA allowed the Janssen COVID–19 Vaccine to be distributed in the United States for use in individuals 18 years of age and older. (28) Because of the hard work of countless Americans, this public-private partnership, and the funding and support from Congress, multiple safe and effective COVID–19 vaccines have been, and are still being, developed and manufactured, and, as of May 16, 2021, about 273,000,000 vaccine doses had been administered in the United States. (29) Despite the successful development and rollout of the current COVID–19 vaccines, it is not fully known whether these vaccines will protect people from the emergence and potential future emergence of variants of SARS–CoV–2, the virus that causes COVID–19. (30) The emergence of future variants of SARS–CoV–2 could require that the United States continue to develop new COVID–19 vaccines and that people receive a COVID–19 booster shot on a regular, potentially annual, basis to maintain immunity. (31) According to the FDA fact sheets on COVID–19 vaccines, there are certain populations for whom existing COVID–19 vaccines are not indicated or authorized or for whom there is insufficient data to inform vaccine-related risks including— (A) people with severe allergies to vaccine components or who are immunocompromised; (B) people with certain pre-existing conditions such as bleeding disorders and women who are pregnant, trying to get pregnant, or breastfeeding; and (C) children under the age of 18. (32) Because of potential risks that the vaccine poses to certain people, it is important that every patient is able to consult his or her doctor to determine whether one of the COVID–19 vaccines is appropriate for that patient. (33) Consistent with fundamental human rights, and medical and legal ethics and proper standards of medical care, every American has the right to informed consent with respect to medical treatment, meaning that he or she has a right to be fully informed about the nature of his or her health care and to participate in and voluntarily make decisions related to his or her care. In addition, every patient has a right to medical privacy to expect that the decisions and nature of care will be kept confidential by his or her health care provider and anyone who has access to the individual’s medical records, including vaccination records. (34) At various times in history, governments and medical professionals have violated these and other inherent rights including by coercing patients, failing to properly inform patients of, or even intentionally begin deceptive with patients about, their rights and the risks inherent with various medical procedures, experiments, and studies—including the Tuskegee syphilis experiments, forced sterilization, lobotomy procedures, electro-shock therapy, certain psychological studies, collection and utilization of individuals’ cells and parts of their body, or from fetal tissue of a patient’s offspring, without knowledge or consent, and eugenics laws. (35) The absence of informed consent not only constitutes a violation of medical ethics and standards of care, in some cases, treatment may also constitute a crime, such as battery. (36) Criminal battery stemming from violations of medical ethics and informed consent standards have led to a significant degree of distrust of the government, public health officials, and medical professionals by certain groups and communities including among the most vulnerable populations such as ethnic minorities, immigrants, economically disadvantaged, unmarried mothers, those with disabilities, and those with mental illnesses. (37) On January 12, 2021, United States CDC issued an order requiring proof of a negative COVID–19 test for all air passengers arriving from a foreign country to the United States, and on February 14, 2021, the United States CDC announced it would not recommend required testing for domestic air travel. (38) On March 19, 2021, the WHO released draft recommendations for a Smart Vaccine Certificate—what amounts to a form of a vaccine passport that would, per WHO’s Smart Vaccination Certificate Working Group , support COVID–19 vaccine delivery and monitoring and to serve current and future requirements, toward the dual purposes of (1) supporting continuity of care; and (2) cross-border uses . (39) The International Air Transport Association has developed the Travel Pass Initiative to gather information on entry and exit testing requirements, allow passengers to create a digital passport that verifies testing and vaccination status, and establish the capability of sharing health data with government authorities. (40) The European Commission has proposed a Digital Green Certificate on March 17, 2021, to prove a passenger’s vaccination status, test results, and COVID–19 antibodies that may be adopted by a country for public health restrictions. (41) The State of New York is testing a vaccine certification to be used for admission into public events. (42) More than 225 companies and organizations are involved in what is known as the Vaccination Credential Initiative, a program intended to establish standards for developers to build digital vaccine passports. (43) On April 2, 2021, the United States CDC announced vaccinated people could travel safely. On April 5, 2021, the United States CDC recommended, but did not require, passengers to be vaccinated, though cruise ships are still not permitted to resume normal operations. (44) The White House, while saying the COVID–19 Task Force will not create a vaccine passport, has engaged in a multi-agency coordination effort led by the Office of the National Coordinator for Health Information Technology to develop criteria and principles for a vaccine passport created by the private sector. (45) The private sector, which includes many large technology companies that previously have shown disregard for privacy and a willingness to engage in censorship of Americans while bowing to the will of the Chinese Communist party, are pursuing digital vaccine passports that can be adopted by governments and other public establishments to authenticate personal health information. (46) During a March 2, 2021, virtual meeting lead by the Federal Health IT Coordinating Council on behalf of the Biden Administration, a slide presentation included the following: Proof of individual COVID-related health status is likely to be an important component of pandemic response, proof of immunization will likely become a major, if not the primary, form of health status validation, and a unified Federal approach [is] required to ensure Federal activities are working toward the same common goals for vaccine [passports]. Additionally, the presentation suggested the Biden Administration expects that Federal entities would likely require vaccine verification for a variety of purposes and that the Federal government will inevitably be involved with vaccine credential solutions … . . (47) The Federal Health IT Coordinating Council also listed a number of international organizations and private companies that are working on the development of vaccine passports. (48) The development, implementation, and utilization of vaccine passports, whether by Federal or State government, or the private sector, has the potential for significant misuse and abuse, leading to the denial of constitutionally protected freedoms such as freedom of association and freedom of movement, and could allow the government or corporate interests to begin to track people’s health status on a large-scale basis. (49) There currently exists no clear regulatory framework to fully protect the privacy of United States citizens and United States nationals with respect to their vaccination records and negative COVID–19 test results. (50) The widespread utilization of vaccine passports will certainly lead to discrimination by businesses that provide public accommodations as they could begin to require a customer to demonstrate his or her health status, through the presentment of a vaccine passport or other papers or by requiring that the customer disclose his or her protected health information, before the business agrees to serve or otherwise do business with such individual, meaning the denial of service in such cases could be based on an individual’s disability, health status, or familial status, such as a restaurant denying service to a man who has not been vaccinated based on the advice of his doctor due to a previous anaphylaxis (allergic) reaction to an ingredient found in the COVID–19 vaccines. (51) The widespread acceptance of vaccine passports could also lead to employment discrimination, where employers take adverse employment actions against employees who are not vaccinated because of an underlying health condition and without regard to the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq.) (ADA), which requires an interactive process whereby the employer follows the law to assess if the employee can and should be reasonably accommodated under the ADA. For example, without proper disability protections, an employer could terminate a female employee who has not been vaccinated based on the advice of her doctor simply because she is pregnant. (52) In February 2021, a business in New York told its employees that the business was instituting a vaccine mandate and, when a woman who worked there decided against getting a COVID–19 vaccine because she was trying to get pregnant, she was told her employment was being terminated. (53) In March 2021, a woman in Cumberland County, Pennsylvania was suspended from her job after her employer issued a vaccine mandate for its employees. The woman, who said she is not anti-vaccination, wanted sufficient time to consult with her doctor to see if the vaccine was appropriate for her. (54) For women who are pregnant or breastfeeding, the CDC has indicated that the potential risks of COVID–19 vaccines to the pregnant person and the fetus are unknown because these vaccines have not been studied in pregnant people . Accordingly, it is highly likely that the implementation and use of vaccine passports, refusal to provide services to unvaccinated persons, and decision by employers to impose a vaccine mandate and to take adverse employment actions against unvaccinated employees, are likely to be unfair and discriminatory, disparately impacting women because of their sex. (55) Given that several COVID–19 vaccines are not recommended for children under the age of 12, the implementation and widespread utilization of vaccine passports could lead to the refusal to provide services to unvaccinated persons, such as the denial of services to families with small children, meaning certain vaccine-related policies could lead to age or familial-status-related discrimination. (56) The denial of public services and public accommodations, as well as adverse employment actions, based on COVID–19 vaccination status, lack of or refusal to present a vaccine passport, refusal to get vaccinated, or requiring an individual to explain the underlying reason why they are not vaccinated, could constitute unlawful discrimination, including as to sex, age, familial status, disability, or based on genetic or other health condition. (57) Any United States person that requests the vaccine records of a United States individual, including data such as a copy or other digital record of a vaccine passport or similar proof of vaccination, should be regarded as having collected protected health information and should be regarded as a covered entity as defined under the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ). (58) The policy of the United States is to recognize, defend, and protect the inherent rights of the individual, including the right to privacy, the right of liberty, the right to be secure in one’s person, the right of the individual to be informed about any medical procedures, treatment, or vaccination, and the right of the individual to provide or withhold consent to such procedures, treatment, or vaccination. (59) Congress recognizes that special vigilance is required, especially in times of crisis or emergency to ensure that government agencies do not try to take advantage of, manipulate, or enflame public fear, stoke hatred of minority groups, or increase intolerance toward the diversity that builds our Nation. (60) Congress finds that there is a clear need for the Federal Government to take specific action to restore public trust by protecting the privacy and voluntary informed consent rights of patients specifically regarding vaccinations and an individual’s vaccination records. (61) Furthermore, the protection of such individual rights to make one’s own medical decisions in consultation with his or her health care provider without fear of coercion, forced vaccination, loss of civil liberties, or risk of adverse employment action is especially needed at a time when it is critical for our Nation to increase public trust in vaccinations and increase vaccination rates in order to end the COVID–19 pandemic. 3. Severability (a) In general If any provision of this Act, or an amendment made by this Act, or the application of any such provision or amendment to any person or circumstance is declared invalid or unconstitutional, the remainder of this Act, including any amendment made by this Act, and the application of such provisions and amendments to any person or circumstance shall not be affected. (b) Effect of partial invalidation, repeal, or amendment The invalidation, repeal, or amendment of any part of this Act, or amendment made by this Act, does not release or extinguish any penalty, forfeiture, or liability incurred or right accruing or accrued under this Act (or amendment), unless the invalidation, repeal, or amendment so provides expressly. This Act, and amendments made by this Act, shall be treated as remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of the right, penalty, forfeiture, or liability pursuant to the previous sentence. I General provisions A Health information privacy protections 101. Prohibition on establishment of Federal vaccine passports and tracking of individuals (a) In general No Federal funds may be used to create, establish or collaborate in the establishment of any Federal, State, private, or international vaccine passport system, vaccine tracking database, or similar system or in the creation or adoption of any related guidelines or standards, under which Federal, State, or international government agencies or private companies would be able to monitor or track individuals who have been vaccinated against COVID–19, or which could otherwise be used to limit the freedom of movement or the freedom of association of individuals based on their COVID–19 vaccination status. (b) Personal privacy To the extent any Federal department or agency has received, obtained, collected, aggregated, stored, or is otherwise in possession of any data or records from officials, including public health officials, in any State, the District of Columbia, or any territory, or any third party who administered or has information related to the administration of any COVID–19 vaccinations, including health care providers and insurers, such data and records about any individuals’ vaccination status shall be destroyed by the Federal department or agency and, if in digital form, that data record shall be deleted in its entirety within 30 days of the enactment of this Act. (c) Reporting For any Federal department or agency that has received and subsequently destroyed COVID–19 data or records as required by this section, the head of such agency shall, not later than 15 days after such data or records have been destroyed, submit a sworn affidavit, subject to penalty of perjury, to Congress confirming that he or she has personally assured such data or records have been destroyed. (d) Criminal penalties Any person who knowingly makes or is responsible for the inclusion of a statement or representation in an affidavit under subsection (c) that is materially false, fictitious, or fraudulent shall be fined not more than $10,000, imprisoned not more than 1 year, or both. (e) Prohibition on federal issuance or vaccine passport or similar documentation and prohibition on vaccination requirement to enter federal property or services (1) In general No Federal department or agency may issue a vaccine passport, vaccine pass, or other standardized documentation for the purpose of certifying the COVID–19 vaccination status of a citizen of the United States to a third party, or otherwise publish or share any COVID–19 vaccination record of a citizen of the United States, or similar health information. (2) Access to Federal property and services Proof of COVID–19 vaccination shall not be deemed a requirement for access to Federal property or Federal services, or for access to congressional grounds or services. (f) Exceptions (1) Deidentified or anonymized information for certain purposes The prohibition described in subsection (a) shall not apply to the aggregation and sharing of information that has been deidentified or anonymized if such information is used for purposes of Federal, State, or local public health reporting or academic studies, provided that the recipient of such information does not have the capability to reconstruct the data in any way that would allow for the determination of the vaccination status of any individual. (2) Limited use of information with respect to Federal employees The prohibition described in subsection (a) and the requirement described in subsection (b) shall not apply to the possession by a Federal department or agency of COVID–19 vaccination data or records pertaining to any employee of such department or agency where such data or records will be used solely to determine if such employee would be eligible to gain admission to a foreign country during international travel in furtherance of the employee’s official duties. 102. Vaccine status protections under HIPAA privacy regulations (a) In general The Secretary of Health and Human Services shall amend the regulations promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note) to establish the following: (1) Reporting by covered entities to public health entities of non-anonymized protected health information related to an individual’s vaccination status is not permissible, even during public health emergencies, without express patient consent. (2) Any United States person that requests the vaccine records of a United States individual shall be deemed to be a covered entity for purposes of such request. (3) With respect to any individual who shares their vaccine status with any covered entity, the covered entity shall comply with any request from such individual to— (A) delete all protected health information that identifies the individual’s vaccination status, including in relation to any records shared with the covered entities’ business associates, in all active and inactive databases; and (B) provide to such individual written confirmation of such deletion. (b) Definitions In this section, the terms business associate , covered entity , protected health information have the meanings given such terms in section 160.103 of title 21, Code of Federal Regulations (or any successor regulations). B Consent to vaccination 111. Vaccinations (a) In general Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: 117A Vaccinations 2431. Vaccinations (a) Requirements (1) In general Except as provided in paragraph (2), it shall be unlawful to— (A) require any United States person to receive a vaccine that has only received authorization by the Food and Drug Administration through an emergency use authorization pursuant to section 564 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bbb–3 ), or that has received such authorization prior to receiving full approval or licensure under section 505 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355 ) or section 351 of the Public Health Service Act ( 42 U.S.C. 262 ); or (B) vaccinate with a vaccine that has only received authorization by the Food and Drug Administration through such an emergency use authorization, or that has received such authorization prior to receiving such full approval or licensure— (i) an individual under the age of 18; or (ii) an individual that lacks the capacity to exercise the right to consent to be vaccinated. (2) Exceptions Paragraph (1) shall not apply if the individual, or if the individual is a minor or is otherwise unable to consent, a parent, guardian, conservator, or attorney-in-fact of the individual, provides consent to be vaccinated. (3) Sunset This subsection shall cease to have force or effect on the date that is 5 years after the date of enactment of this section. (b) Right To be informed Any person that administers a vaccine for the coronavirus disease 2019 (COVID–19) shall, consistent with medical ethics and applicable informed consent laws of the State in which the vaccine is administered and any applicable Federal regulations related to informed consent laws, disclose to any individual, before the vaccine is administered, the risks associated with the vaccine so that the individual can make an informed decision. (c) Protecting privacy (1) In general Except as provided in subparagraph (B), it shall be unlawful for any person to publicly disclose information about the COVID–19 vaccination status of an individual without the express consent of the individual if the individual provided the information to the person— (A) as an employee in the context of an employer-employee relationship; (B) as an independent contractor where the vaccination status was provided to the person to whom the contractor is providing services; (C) as a consumer in the context of any consumer transaction; (D) as a patient in order to obtain medical care or health-related services from any health care provider; or (E) the user of any technology application, platform, or service. (2) Requirements For purposes of this subsection, an individual does not provide express consent to the disclosure of a COVID–19 vaccination status unless— (A) the individual agrees to the circumstances of disclosure in writing; and (B) the agreement is not conditioned on or contained within any other agreement. (3) Exception Paragraph (1) shall not apply if the parent or guardian of the individual provides consent to the disclosure described in that subparagraph. (d) Criminal penalties Whoever knowingly violates subsection (a) or (c) shall be imprisoned no more than 1 year, fined in accordance with this title, or both. (e) Civil penalties Any person who receives the COVID–19 vaccination status of an individual under circumstances that would create a reasonable expectation of privacy in that status, including the circumstances listed in subparagraphs (A) through (E) of subsection (c)(1), and who either intentionally or negligently discloses that status to the public without the consent of the individual shall be subject to a civil fine not to exceed $25,000 per disclosure or any actual damages suffered. (f) Preemption This section does not annul, alter, or affect any law of any State or local government that provides a greater level of privacy than the provisions in this section. . (b) Technical and conforming amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to section 117 the following: 117A. Vaccinations 2431 . II Prohibition of discrimination based on vaccination status A Nondiscrimination in employment 201. Definitions In this section: (1) ADA terms The terms direct threat and undue hardship have the meaning given those terms in section 101 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 ). (2) Covered entity The term covered entity — (A) has the meaning given the term respondent in section 701(n) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(n) ); and (B) includes— (i) an employer, which means a person engaged in industry affecting commerce who has 15 or more employees as defined in section 701(b) of title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(b) ); and (ii) an entity to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (3) Employee The term employee means— (A) an employee (including an applicant), as defined in section 701(f) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e(f) ); and (B) an employee (including an applicant) to which section 717(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16(a) ) applies. (4) Person; commerce; industry affecting commerce The terms person , commerce , and industry affecting commerce shall have the same meaning given such terms in section 701 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e ). (5) Qualified employee The term qualified employee means an employee or applicant who, with or without reasonable accommodation, can perform the essential functions of the employment position. For the purposes of this title, consideration shall be given to the employer’s judgment as to what functions of a job are essential, and if an employer has prepared a written description before advertising or interviewing applicants for the job, this description shall be considered evidence of the essential functions of the job. (6) Reasonable accommodation The term reasonable accommodation may include— (A) job restructuring, modified work schedules, telework, reassignment to a vacant position, or wearing a mask or personal protective equipment; and (B) physical distancing for an unvaccinated individual or an unvaccinated individual wearing a mask or personal protective equipment, to the extent that the unvaccinated individual interacts with individuals who are vulnerable to COVID–19 and unvaccinated for COVID–19. (7) Vaccination status The term vaccination status means— (A) an individual’s status based on the voluntary election to receive or not to receive a COVID–19 vaccine; and (B) regardless of whether someone has or has not been vaccinated against COVID–19, an individual's status with respect to having or producing proof of such vaccination in the form of a vaccine passport or other medical records that would demonstrate whether an individual has been vaccinated against COVID–19. 202. Discrimination prohibited (a) General rule No covered entity shall discriminate against a qualified employee on the basis of vaccination status, or the qualified employee’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, in regard to job application procedures, the hiring, advancement, or discharge of employees, employee compensation, job training, and other terms, conditions, and privileges of employment. (b) Construction (1) In general As used in subsection (a), the term discriminate against a qualified employee on the basis of vaccination status includes— (A) limiting, segregating, or classifying an employee in a way that adversely affects the opportunities or status of such employee because of the vaccination status of such employee; (B) participating in a contractual or other arrangement or relationship that has the effect of subjecting a covered entity’s qualified employee based on vaccination status to the discrimination prohibited by this title (such relationship includes a relationship with an employment or referral agency, labor union, an organization providing fringe benefits to an employee of the covered entity, or an organization providing training and apprenticeship programs); (C) utilizing standards, criteria, or methods of administration— (i) that have the effect of discrimination on the basis of vaccination status; or (ii) that perpetuate the discrimination of others who are subject to common administrative control; (D) excluding or otherwise denying equal benefits to a qualified employee because of the known vaccination status of an individual with whom the qualified employee is known to have a relationship or association; (E) (i) not making reasonable accommodations based on vaccination status for an otherwise qualified employee, unless such covered entity can demonstrate that the accommodation would impose an undue hardship on the operation of the business of such covered entity; or (ii) denying employment opportunities to an employee who is an otherwise qualified employee based on vaccination status, if such denial is based on the need of such covered entity to make reasonable accommodation based on the vaccination status of the qualified employee; and (F) using qualification standards, employment tests, or other selection criteria that screen out or tend to screen out an individual or a class of individuals based on vaccination status unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity. (2) Exclusions Notwithstanding any other provision of this section, the term discriminate against a qualified individual on the basis of vaccination status does not include— (A) requiring physical distancing by or from individuals who are particularly vulnerable to COVID–19 or have not been fully vaccinated for COVID–19; (B) requiring a qualified employee to wear a mask or to utilize other personal protective equipment; or (C) conducting any symptom check as described in subsection (d)(3). (c) Covered entities in foreign countries It shall not be unlawful under this section for a covered entity to take any action that constitutes discrimination under this section with respect to an employee in a workplace in a foreign country if compliance with this section would cause such covered entity to violate the law of the foreign country in which such workplace is located. (d) Medical examinations and inquiries (1) In general Consistent with paragraph (2), the prohibition against discrimination as referred to in subsection (a) shall include medical examinations designed to reveal a qualified employee’s vaccination status and inquiries about a qualified employee’s vaccination status or reasons for choosing not to receive a COVID–19 vaccine. (2) Prohibited examinations and inquiries A covered entity shall not require a medical examination designed to reveal a qualified employee’s vaccination status and shall not make inquiries of an employee as to the vaccination status of the employee or reasons for choosing not to receive a COVID–19 vaccine unless such examination or inquiry is shown to be job-related and consistent with business necessity. (3) Symptom checks permitted Notwithstanding any other provision of this title, a covered entity may implement basic health screenings that ask individuals if they have symptoms associated with COVID–19 as long as the covered entity does not discriminate against a qualified employee, as described in subsection (a), based on those symptoms, provided that the covered entity does not discriminate on the basis of vaccination status when taking any action in response to any symptom check. 203. Defenses (a) In general It may be a defense to a charge of discrimination under this title that an alleged application of qualification standards, tests, or selection criteria that screen out or tend to screen out or otherwise deny a job or benefit to a qualified employee based on vaccination status has been shown to be job-related and consistent with business necessity, and such performance cannot be accomplished by reasonable accommodation, as required under this title. (b) Religious entities (1) In general This title shall not prohibit a religious corporation, association, educational institution, or society from giving preference in employment to individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. (2) Religious tenets requirement Under this title, a religious organization may require that all applicants and employees conform to the religious tenets of such organization. 204. Remedies and enforcement (a) Employees covered by title VII of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in sections 705, 706, 707, 709, 710, and 711 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–4 et seq.) to the Commission, the Attorney General, or any person alleging a violation of title VII of such Act ( 42 U.S.C. 2000e et seq.) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(3)(A) except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Board or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Board or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (b) Employees covered by section 717 of the Civil Rights Act of 1964 (1) In general The powers, remedies, and procedures provided in section 717 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–16 ) to the Commission, the Attorney General, the Librarian of Congress, or any person alleging a violation of that section shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person, respectively, alleging an unlawful employment practice in violation of this title against an employee described in section 201(3)(B), except as provided in paragraphs (2) and (3) of this subsection. (2) Costs and fees The powers, remedies, and procedures provided in subsections (b) and (c) of section 722 of the Revised Statutes ( 42 U.S.C. 1988 ) shall be the powers, remedies, and procedures this Act provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice. (3) Damages The powers, remedies, and procedures provided in section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ), including the limitations contained in subsection (b)(3) of such section 1977A, shall be the powers, remedies, and procedures this title provides to the Commission, the Attorney General, the Librarian of Congress, or any person alleging such practice (not an employment practice specifically excluded from coverage under section 1977A(a)(1) of the Revised Statutes). (c) Prohibition against retaliation (1) In general No person shall discriminate against any employee because such employee has opposed any act or practice made unlawful by this title or because such employee made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this title. (2) Prohibition against coercion It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of such individual having exercised or enjoyed, or on account of such individual having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this title. (3) Remedy The remedies and procedures otherwise provided for under this section shall be available to aggrieved individuals with respect to violations of this subsection. (d) Limitation Notwithstanding subsections (a)(3) and (b)(3), if an unlawful employment practice involves the provision of a reasonable accommodation pursuant to this title or regulations implementing this title, damages may not be awarded under section 1977A of the Revised Statutes ( 42 U.S.C. 1981a ) if the covered entity demonstrates good faith efforts, in consultation with the qualified employee, to identify and make a reasonable accommodation that would provide such employee with an equally effective opportunity and would not cause an undue hardship on the operation of the covered entity. B Nondiscrimination in public accommodation 211. Definitions In this subtitle: (1) ADA terms The terms commerce , commercial facilities , private entity , and public accommodation have the meanings given those terms in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ). (2) Individual who has not received a COVID–19 vaccine The term individual who has not received a COVID–19 vaccine means an individual who has not received a COVID–19 vaccine or who does not have or cannot produce proof of having such a vaccine. (3) Vaccination status The term vaccination status means— (A) an individual’s status based on the voluntary election to receive or not to receive a COVID–19 vaccine; and (B) regardless of whether someone has or has not been vaccinated against COVID–19, an individual's status with respect to having or producing proof of such vaccination in the form of a vaccine passport or other medical records that would demonstrate whether an individual has been vaccinated against COVID–19. 212. Prohibition of discrimination by places of public accommodation (a) General rule Subject to the provisions of this subtitle, no individual shall be discriminated against on the basis of vaccination status, or the individual’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of any place of public accommodation by any person who owns, leases (or leases to), or operates a place of public accommodation. (b) Construction (1) General prohibition (A) Activities (i) Denial of participation It shall be discriminatory to subject an individual or class of individuals on the basis of the vaccination status of such individual or class of individuals, directly, or through contractual, licensing, or other arrangements, to a denial of the opportunity of the individual or class to participate in or benefit from the goods, services, facilities, privileges, advantages, or accommodations of an entity. (ii) Participation in unequal benefit It shall be discriminatory to afford an individual or class of individuals, on the basis of vaccination status of such individual or class of individuals, directly, or through contractual, licensing, or other arrangements with the opportunity to participate in or benefit from a good, service, facility, privilege, advantage, or accommodation that is not substantially equal to that afforded to other individuals. (iii) Separate benefit It shall be discriminatory to provide an individual or class of individuals, on the basis of vaccination status of such individual or class of individuals, directly, or through contractual, licensing, or other arrangements with a good, service, facility, privilege, advantage, or accommodation that is different or separate from that provided to other individuals, unless such action is necessary to provide the individual or class of individuals with a good, service, facility, privilege, advantage, or accommodation, or other opportunity that is as effective as that provided to others. (iv) Individual or class of individuals For purposes of clauses (i) through (iii) of this subparagraph, the term individual or class of individuals refers to the clients or customers of the covered public accommodation that enters into the contractual, licensing or other arrangement. (B) Integrated settings Goods, services, facilities, privileges, advantages, and accommodations shall be afforded to an individual regardless of vaccination status in the most integrated setting appropriate. (C) Opportunity to participate Notwithstanding the existence of separate or different programs or activities provided in accordance with this section, an individual who has not received a COVID–19 vaccine shall not be denied the opportunity to participate in such programs or activities that are not separate or different. (D) Administrative methods An individual or entity shall not, directly or through contractual or other arrangements, utilize standards or criteria or methods of administration— (i) that have the effect of discriminating on the basis of vaccination status; or (ii) that perpetuate the discrimination of others who are subject to common administrative control. (E) Association It shall be discriminatory to exclude or otherwise deny equal goods, services, facilities, privileges, advantages, accommodations, or other opportunities to an individual or entity because of the vaccination status of an individual with whom the individual or entity is known to have a relationship or association. (2) Specific prohibitions (A) Discrimination For purposes of subsection (a), discrimination includes— (i) the imposition or application of eligibility criteria that screen out or tend to screen out an individual who has not had a COVID–19 vaccine or any class of such individuals from fully and equally enjoying any goods, services, facilities, privileges, advantages, or accommodations, unless such criteria can be shown to be necessary for the provision of the goods, services, facilities, privileges, advantages, or accommodations being offered; and (ii) a failure to make reasonable modifications in policies, practices, or procedures, when such modifications are necessary to afford such goods, services, facilities, privileges, advantages, or accommodations to individuals who have not received a COVID–19 vaccine, unless the entity can demonstrate that making such modifications would fundamentally alter the nature of such goods, services, facilities, privileges, advantages, or accommodations. (3) Specific construction Nothing in this title shall require an entity to permit an individual to participate in or benefit from the goods, services, facilities, privileges, advantages and accommodations of such entity where such individual poses a direct threat to the health or safety of others. The term direct threat means a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices, or procedures or by physical distancing, wearing a mask, or wearing personal protective equipment. (c) Distancing and PPE Notwithstanding any other provision of this section, an individual shall not be considered to be discriminated against on the basis of vaccination status in violation of this section if that individual is required to engage in physical distancing, wear a mask, or wear personal protective equipment. 213. Prohibition of discrimination in specified public transportation services provided by private entities (a) General rule No individual shall be discriminated against on the basis of vaccination status, or the individual’s unwillingness or inability to present a vaccine passport or other proof of vaccinations status, in the full and equal enjoyment of specified public transportation services provided by a private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. (b) Construction For purposes of subsection (a), discrimination includes— (1) the imposition or application by an entity described in subsection (a) of eligibility criteria that screens out or tends to screen out an individual based on vaccination status or any class of individuals based on vaccination status from fully enjoying the specified public transportation services provided by the entity, unless such criteria can be shown to be necessary for the provision of the services being offered; and (2) the failure of such entity to make reasonable modifications, including physical distancing for an unvaccinated individual or an unvaccinated individual wearing a mask or personal protective equipment, to the extent that the unvaccinated individual interacts with individuals who are vulnerable to COVID–19 and unvaccinated for COVID–19. (c) Distancing and PPE Notwithstanding any other provision of this section, an individual shall not be considered to be discriminated against on the basis of vaccination status in violation of this section if that individual is required to engage in physical distancing, wear a mask, or wear personal protective equipment. 214. Exemptions for private clubs and religious organizations The provisions of this subtitle shall not apply to private clubs or establishments exempted from coverage under title II of the Civil Rights Act of 1964 (42 U.S.C. 2000–a(e)) or to religious organizations or entities controlled by religious organizations, including places of worship. 215. Enforcement (a) Availability of remedies and procedures The remedies and procedures set forth in section 204(a) of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a–3(a) ) are the remedies and procedures this subtitle provides to any person who is being subjected to discrimination on the basis of vaccination status in violation of this subtitle or who has reasonable grounds for believing that such person is about to be subjected to discrimination in violation of this subtitle. Nothing in this section shall require a person who has not received a COVID–19 vaccine to engage in a futile gesture if such person has actual notice that a person or organization covered by this subtitle does not intend to comply with its provisions. (b) Enforcement by the attorney general (1) Denial of rights (A) Authority to investigate The Attorney General shall have the authority to investigate alleged violations of this subtitle, and shall undertake periodic reviews of compliance of entities subject to this subtitle. (B) Potential violation If the Attorney General has reasonable cause to believe that— (i) any person or group of persons is engaged in a pattern or practice of discrimination under this subtitle; or (ii) any person or group of persons has been discriminated against under this subtitle and such discrimination raises an issue of general public importance; the Attorney General may commence a civil action in any appropriate United States district court. (2) Authority of court In a civil action under paragraph (1)(B), the court— (A) may grant any equitable relief that such court considers to be appropriate, including, to the extent required by this subtitle— (i) granting temporary, preliminary, or permanent relief; (ii) providing a modification of policy, practice, or procedure, or alternative method; and (iii) making reasonable accommodations for individuals who have not received a COVID–19 vaccine; (B) may award such other relief as the court considers to be appropriate, including monetary damages to individuals aggrieved when requested by the Attorney General; and (C) may, to vindicate the public interest, assess a civil penalty against the entity subject to this subtitle in an amount— (i) not exceeding $50,000 for a first violation; and (ii) not exceeding $100,000 for any subsequent violation. (3) Single violation For purposes of paragraph (2)(C), in determining whether a first or subsequent violation has occurred, a determination in a single action, by judgment or settlement, that the entity subject to this subtitle has engaged in more than one discriminatory act shall be counted as a single violation. (4) Punitive damages For purposes of paragraph (2)(B), the term monetary damages and such other relief does not include punitive damages. (5) Judicial consideration In a civil action under paragraph (1)(B), the court, when considering what amount of civil penalty, if any, is appropriate, shall give consideration to any good faith effort or attempt to comply with this Act by the entity. In evaluating good faith, the court shall consider, among other factors it deems relevant, whether the entity could have reasonably anticipated the need for a reasonable accommodation for individuals who have not received a COVID–19 vaccine. 216. Effective date This subtitle shall become effective 90 days after the date of the enactment of this Act. C Nondiscrimination by a public entity and access to Federal services 221. Nondiscrimination by a public entity (a) In general Subject to the provisions of this subtitle, no qualified individual who has not received a COVID–19 vaccine shall, by reason of such vaccination status, including the qualified individual’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. (b) Right To vote shall not be impaired It shall be unlawful for any State or political subdivision, as such term is used in the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.), to require or impose a requirement that a voter or voters must present a vaccine passport or otherwise present information regarding their vaccination status in order to exercise the right to vote, including to vote in person, in any election involving any candidate for Federal office. (c) Rule of construction Notwithstanding subsection (a), a public entity shall not be considered in violation of subsection (a) if that public entity requires a qualified individual who has not received a COVID–19 vaccine to engage in physical distancing, wear a mask, or wear personal protective equipment. (d) Enforcement The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of status as a qualified individual who has not received a COVID–19 vaccine in violation of this section. (e) Definitions (1) Qualified individual who has not received a COVID–19 vaccine The term qualified individual who has not received a COVID–19 vaccine means an individual who— (A) has voluntarily elected not to receive a COVID–19 vaccine; and (B) with or without reasonable modifications to rules, policies, or practices, including physical distancing, mask wearing, wearing personal protective equipment, or undergoing a COVID-related symptom check meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. (2) Public entity The term public entity has the meaning given that term in section 201 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 ). 222. Access to Federal services (a) Federal services (1) In General No otherwise qualified individual who has not received a COVID–19 vaccine, shall, solely by reason of her or his vaccine status, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance or under any program or activity conducted by any Executive agency or by the United States Postal Service. (2) Regulations The head of each such agency shall promulgate such regulations as may be necessary to carry out this section. (3) Program or activity In this section the term program or activity has the meaning given that term in section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (b) Petition; access to property An individual's right to petition the Federal Government and an individual's right to access Federal property shall not be affected because the individual is a qualified individual who has not received a COVID–19 vaccine. Proof of COVID–19 vaccination shall not be a requirement for access to Federal property or Federal services, or for access to congressional grounds or services. (c) Exception relating to admission and departure of aliens (1) In general Notwithstanding any other provision of this Act, the Secretary of Homeland Security may request, require, and collect vaccination records providing evidence of vaccination for COVID–19, SARS–CoV–2, or any variant of COVID–19 or SARS–CoV–2 from any alien (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) seeking admission to the United States or departing the United States, to the extent necessary to ensure public health. (2) Recordkeeping The Secretary of Homeland Security may maintain such evidence of vaccination and any ancillary documentation for a period the Secretary considers necessary. (3) Privacy Information collected or maintained under paragraph (1) or (2) may not be transmitted or communicated to any entity or individual other than an employee of the Department of Homeland Security designated by the Secretary of Homeland Security. (4) Rule of construction Nothing in this subsection shall be construed to provide an alien a right or an enforceable action relating to the admission of the alien to the United States or authorization to remain in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1932is/xml/BILLS-117s1932is.xml |
117-s-1933 | II 117th CONGRESS 1st Session S. 1933 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Daines introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To clarify the location of a clinic of the Department of Veterans Affairs designated by law.
1. Clarification of location of clinic of Department of Veterans Affairs in Montana Section 1(a)(1) of the Act entitled An Act to redesignate certain clinics of the Department of Veterans Affairs located in Montana , approved June 5, 2018 ( Public Law 115–181 ; 132 Stat. 1391), is amended by striking located at 2687 Palmer Street . | https://www.govinfo.gov/content/pkg/BILLS-117s1933is/xml/BILLS-117s1933is.xml |
117-s-1934 | II 117th CONGRESS 1st Session S. 1934 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Murphy (for himself and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve public trust in the Federal Government by establishing customer experience as a central measure of performance for agencies and the Federal Government, and for other purposes.
1. Short title This Act may be cited as the Trust in Public Service Act . 2. Findings Congress finds the following: (1) Although the public believes that the Federal Government serves an indispensable role and often performs quite well, overall trust in the Federal Government is at historic lows. (2) Agencies face competing requirements and respond to evolving and diverse needs in a context of uncertainty and constrained resources. To perform this challenging job for the benefit of the public, experimentation, learning, and failure should be expected and welcomed. Congress must support agencies throughout this process by balancing traditional oversight with dedicated efforts to celebrate progress and locate setbacks within a broader context. (3) Improving public trust requires delivering tangible results that address the needs of the public, including those needs that span agencies or require coordination with State, local, Tribal, or territorial governments. But improving public trust also requires the Federal Government to consider much more deeply how interaction with the public shapes public perceptions and how communication by the Federal Government can provide better context on the many ways in which the Federal Government serves the public. (4) In terms of public interaction, whether seeking a small business loan, veterans’ services, Social Security benefits, or other service or information, the people of the United States deserve a customer experience that matches or exceeds that of leading private sector organizations. This level of customer experience means experiences are seamless, connected, inclusive, effective, consistent, and reliable. (5) Customer experience (commonly referred to as CX ) is a vital means for agencies to pursue their missions in a more effective and responsive way and at a lower cost, as research shows that customer experience is linked to— (A) more accurate and timely data submissions; (B) increased feedback that improves services through 3 different means, which include— (i) process, procedure, product, or safety improvement; (ii) uncovering unmet customer needs that require a new or innovative approach; and (iii) informing leadership decision making so that agencies are grounded in improving customer outcomes; (C) improved compliance with agency regulations and guidance; and (D) improved workforce morale and retention. (6) Customer experience is also highly correlated with public trust in the Federal Government and is therefore essential for broader efforts of the Federal Government to earn and maintain the consent of the governed. (7) Yet the Forrester's 2020 Federal Customer Experience Index noted that Federal customer experience lags behind all sectors of private industry. While the Federal Government faces constraints that the private sector does not face, including competing requirements, such as balancing speed and combating fraud, an obligation to serve the entire public, less nimble workforce and hiring policies, and personnel and spending constraints, the Federal Government has both the ability and imperative to improve customer experience. (8) Research also shows a strong correlation between employee engagement and the quality of customer experience. Employees provide better customer experience when they feel valued and identify with the missions of their agencies, and, as customer experience and confidence in the agency improves, those employees become even more committed, creative, and professional. (9) The Federal Government has made significant progress on improving customer experience, including through— (A) efforts within the General Services Administration, such as the 18F Office, the 10X Program, the U.S. Web Design System, the Digital.gov communities and website, and the Presidential Innovation Fellows Program; (B) the Smarter IT Schedule A hiring authority issued by the Director of the Office of Personnel Management; (C) the Technology Modernization Fund established under section 1078 of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note), which provides broad authority for information technology modernization to improve customer experience and public-facing digital services; (D) efforts on employee engagement by the Office of Personnel Management and the Office of Management and Budget; (E) the United States Digital Service; (F) Executive Order 12862 ( 31 U.S.C. 501 note; relating to setting customer service standards) and Executive Order 13571 (76 Fed. Reg. 24339; relating to streamlining service delivery and improving customer service); (G) efforts of the executive branch as of the date of enactment of this Act, including— (i) Section 280 of Circular A11 Part 6 (2021) of the Office of Management and Budget; and (ii) the establishment of dedicated individuals at the Office of Management and Budget to work on cross-agency customer experience initiatives and information collection reviews; (H) the designation of high-impact service providers and the sharing of feedback performance data, customer experience capacity assessments, and customer experience action plans on a dedicated website; (I) individual agencies that are early adopters of customer experience approaches, including the Veterans Experience Office of the Department of Veterans Affairs; and (J) legislation, including— (i) the Digital Accountability and Transparency Act of 2014 ( 31 U.S.C. 6101 note); (ii) the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); and (iii) pending legislation. (10) With respect to communication, agencies have both a constitutional duty and an operational imperative to better communicate how those agencies serve the public, including through stories of human-level impact, compelling design, and interactive platforms that make the public feel valued and included, particularly if agencies work in counterintuitive, preventative, or subtle ways. (11) A push towards open government, in particular through data.gov, performance.gov, challenge.gov, and other transparency efforts, are vital steps to improving public confidence and decision-making and service delivery. Additionally, open data is a vital service for the public that researchers, businesses, nonprofit organizations, and the public alike can use to innovate, promote economic growth, and take an active role in improving communities alongside the Federal Government. (12) But open government is not enough. To truly nourish a debate about the achievements and role of the Federal Government, rather than simply making information available, agencies must communicate their mandates, performance, and data in a manner that ensures that the public understands the broader context in which those agencies operate and the real-world impact of those agencies. (13) In performing the tasks described in paragraph (12), the Federal Government has broad latitude to communicate to the public in tailored, creative, and compelling ways. Provisions in annual appropriations Acts typically bar agencies from engaging in impermissible publicity or propaganda. Although those provisions prohibit agencies from engaging in self-aggrandizement, covert propaganda and purely partisan communications, those provisions do not restrict agencies from engaging in legitimate activities to inform the public about agency programs. Full compliance with those provisions presents no bar for an agency to fully implement the activities authorized and encouraged in this Act. As necessary, agencies may seek decisions and informal technical assistance from the Comptroller General of the United States concerning the applicability of prohibitions against publicity or propaganda. (14) USA.gov and other-Government wide platforms, such as login.gov, have the potential to become interactive, personalized, and compelling portals to the Federal Government and enable the public to both address its needs, learn about the myriad ways in which the Federal Government improves the lives of the public, and develop a greater sense of pride in the Federal Government. However, the current incarnations of Government-wide communication platforms fall well short of this vision. 3. Sense of Congress Is it the sense of Congress that— (1) agencies must— (A) continue to develop customer-centered mindsets as a means to providing high-quality, responsive, inclusive, reliable, transparent, empathetic, courteous, and efficient services to the people of the United States; and (B) use public feedback and human-centered design practices to continually improve services; (2) all agency interaction with the public must be seen as an invaluable opportunity to strengthen the bond of trust between the people of the United States and the Federal Government as a whole; (3) to this end, the Federal Government must— (A) adopt a whole-of-Government, integrated, and enterprise approach to service delivery; (B) build out the technical capacity of the Federal Government, as has been done with the establishment of the United States Digital Service and the Technology Transformation Service of the General Services Administration, that creates a strategy, accountability, and performance framework for identifying and defining experiences and managing improvements across agency delivery systems; (C) enhance customer experience based on an understanding of true needs of the public, rather solely on individual agency or program mandates; (D) identify ambitious agency and Government-wide customer experience priorities; (E) develop consistent approaches to customer experience across the Federal Government, as consistency is central to building Government-wide trust; and (F) mobilize resources to support the Chief of Staffs, Chief Operating Officers, or equivalent officials, of agencies and hold those officials accountable for customer experience through statutorily-established councils, such as the Performance Improvement Council, the Chief Information Officers Council, the Chief Data Officers Council, the Evaluation Officer Council, the Chief Human Capital Officers Council, and the President’s Management Council; (4) while the imperative to improve customer experience particularly applies to high-impact service providers, which have frequent interaction with the public or high profiles, all agencies, no matter the scope of the mission of an agency or the manner in which an agency works, have an obligation and opportunity to proactively and effectively communicate how those agencies serve the public as a means towards increasing responsiveness and contributing to public trust in the Federal Government; (5) to understand if information is effectively communicated by agencies, agency communication must be tailored to ensure the public receives and understands information through— (A) human-level stories; (B) proactive outreach; (C) modern design, including multimedia; (D) opportunities for public participation; and (E) feedback and testing; (6) to inspire Federal employees and contractors to serve the public in a responsive, creative, and professional manner, agencies must improve employee engagement, including by— (A) regularly soliciting and responding to employee feedback and improving internal agency services, such as human resources and information technology; and (B) using human-centered design practices; and (7) similarly, when agencies provide information or services to each other, these interactions should be characterized by effectiveness, ease, and responsiveness to help enable fellow agencies to provide the public with high-quality customer experience. 4. Definitions In this Act: (1) Agency; customer experience; employee engagement; Federal customer; Federal employee; high-impact service provider; voluntary customer feedback The terms agency , customer experience , employee engagement , Federal customer , Federal employee , high-impact service provider , and voluntary customer feedback have the meaning given those terms in section 321 of title 5, United States Code, as added by this Act. (2) Director The term Director means the Director of the Office of Management and Budget. (3) Propaganda and publicity The term propaganda and publicity means information produced and disseminated by an agency that is— (A) self-aggrandizing or seeks to inflate the reputation of an official; (B) a covert communication in which the agency does not disclose that the agency is the source of the communication; or (C) purely partisan in nature. 5. Elevating customer experience and employee engagement within the Federal Government (a) Requirements for customer experience, public communication, and employee engagement (1) In general Chapter 3 of title 5, United States Code, is amended by adding at the end the following: III Federal customer experience 321. Definitions In this subchapter: (1) Agency The term agency — (A) has the meaning give the term in section 306(f); and (B) includes the United States Postal Service. (2) Customer experience The term customer experience — (A) means the ways in which the Federal Government and agencies consider Federal customers at the center of the decision making process, including by— (i) understanding needs from the perspective of a Federal customer; (ii) considering the entire journey of a Federal customer, instead of simply the point of service; (iii) soliciting and considering voluntary customer feedback; and (iv) measuring performance; and (B) includes a consideration of the factors within any interaction between a Federal customer and an agency, or between agencies, including, with respect to the interaction— (i) ease; (ii) effectiveness; (iii) emotional effect; (iv) perception or trust; (v) Federal employee interaction; and (vi) any other factor that impacts the overall trust, satisfaction, and confidence of the customer in a program, an agency, or the Federal Government as a whole. (3) Director The term Director means the Director of the Office of Management and Budget. (4) Employee engagement The term employee engagement means— (A) the heightened sense of commitment of a Federal employee or contractor to the agency for which the Federal employee works or the contractor performs services and the Federal customers served by the Federal employee or contractor that results in a more efficient, effective, creative, or courteous outcome; and (B) the extent to which a Federal employee or contractor— (i) finds personal meaning and pride in the work of the Federal employee or contractor; and (ii) with respect to the agency served by the Federal employee or contractor, feels— (I) a sense of belonging in the culture of work of the agency; (II) valued by the agency and the public; and (III) that the agency regularly considers and is responsive to feedback and human-centered design insights from the Federal employee or contractor. (5) Federal customer The term Federal customer — (A) means— (i) a member of the public of the United States; and (ii) an entity that is directly impacted by the Federal Government, including— (I) member of the public of the United States, a business, an organization, or an agency of a State or unit of local government, Tribal, or territorial that interacts with an agency or Federal program— (aa) directly; (bb) through a Federal contractor; or (cc) through a federally funded program; (II) an applicant for a Federal job, a Federal employee, a contractor, or a volunteer of the Federal Government that interacts with an agency or an internal process of an agency, including— (aa) hiring; (bb) on-boarding; (cc) human resources; (dd) information technology services; and (ee) efforts to improve agency performance, including by suggesting process improvements or reporting fraud, waste, or abuse; (III) an agency that relies on another agency for information or services; and (IV) the recipient of a Federal award, including a contract, grant, or loan. (6) Federal employee The term Federal employee has the meaning given the term employee in section 2105 of title 5, United States Code. (7) High-impact service provider The term high-impact service provider means an agency or a component of an agency designated as a high-impact service provider in guidance issued by the Director under section 323(b)(4). (8) Human-centered design The term human-centered design means an approach towards designing interactive systems, processes, products, services, or information that aims to make those systems, processes, products, services, or information more usable and useful by— (A) focusing on the users of the systems, processes, or information and the needs and requirements of those users; and (B) applying knowledge of human factors and learning from human feedback and interactions with similar systems, processes, or information. (9) Voluntary customer feedback The term voluntary customer feedback means the submission of information, an opinion, appreciation, or a concern by a Federal customer following an interaction with an agency that is— (A) solicited by the agency and identified as voluntary in the solicitation; and (B) voluntarily made by the Federal customer relating to the particular service of, or interaction with, the agency. 322. Agency requirements (a) In general The head of each agency, in order to effectively pursue the mission of the agency, shall develop a high-quality customer experience by— (1) allocating sufficient resources to and prioritizing— (A) customer experience capabilities; and (B) initiatives that may cut across budget accounts or program activities; (2) requesting and drawing on new expertise and tools relating to customer experience; (3) adapting Government-wide and global good practices relating to customer experience; (4) ensuring that the process of each agency for soliciting voluntary customer feedback is as streamlined as possible and requires limited internal review if the collection is within the scope of the guidance provided by the Director; (5) making use of customer experience resources of the Federal Government; and (6) using human-centered design practices. (b) Tools The head of each agency shall— (1) develop and use tools to— (A) experiment with different approaches to improve customer experience; and (B) collect qualitative and quantitative data on customer experience as Federal customers engage with the agency in a routine, flexible manner, including through human-centered design practices; (2) ensure the tools developed under paragraph (1) ensure the privacy of Federal customers; (3) use the data collected under paragraph (1)(B) to continually improve customer experience and agency performance; and (4) share the data collected under paragraph (1)(B) with research entities to allow for external analysis. (c) voluntary customer feedback (1) In general The head of each agency shall, as appropriate, solicit voluntary customer feedback from Federal customers. (2) Assistance (A) In general The Director shall assist the heads of agencies in carrying out paragraph (1) by— (i) ensuring that the process for agencies to submit voluntary customer feedback surveys for approval is as clear and streamlined as possible; and (ii) assisting the heads of agencies in collaborating with other agencies and State, local, Tribal, and territorial governments to understand and respond to the needs of Federal customers— (I) from the perspectives of those customers; and (II) not solely from the perspective of the mandates of the agency. (B) Example An example of a situation in which the Director shall assist heads of agencies under subparagraph (A)(ii)(II) is when an opportunity for cross-agency collaboration exists that meets the demonstrated interest of the public of the United States. (3) Requirements With respect to any voluntary customer feedback solicited by the head of an agency, the head of the agency— (A) may not use the voluntary customer feedback as a basis to provide a Federal customer with inferior service; and (B) shall consider privacy concerns and, as appropriate, anonymize the voluntary customer feedback to— (i) allow for candid feedback; and (ii) protect privacy. (d) Agency communication responsibilities (1) Public understanding The head of each agency shall seek to— (A) increase public understanding of the mandate of the agency, including the statutes under which the agency operates and from which the agency derives the mission of the agency; (B) provide the public with historical and broader context of programs, policies, context, and achievements of the agency, including human level stories of the impact of the agency; (C) employ shared design solutions, effective human-centered design practices, modern design tools, interactive platforms, and innovative participation methods to engage the public in the policy process of the agency; and (D) tailor the content and format of communications of the agency based on regional or demographic considerations and human-centered design practices. (2) Tools The head of each agency shall develop and use tools to understand the progress of the agency towards achieving the requirements under paragraph (1), including— (A) testing; (B) feedback; (C) focus groups; (D) public participation; and (E) human-centered design practices and co-design processes. (e) Agency consultation (1) In general Not less frequently than annually, the head of each agency shall consult with the agencies or offices described in section 323(c)(1) to ensure that the customer experience and communications approaches of the agency— (A) are engaging and interactive; (B) incorporate good practices from the private sector and human-centered design; and (C) employ cutting edge digital tools, including application programming interfaces and social media and digital experiences. (2) Historical perspectives Not less frequently than annually, the head of each agency shall consult with the National Archives and Records Administration, the Library of Congress, or the historians of other relevant entities to obtain advice and multimedia content relating to the historical performance of the agency that can be used to provide context on the origins and roles of the agency throughout history, including human level stories of the impact of the agency. 323. OMB Customer experience guidance (a) In general (1) Guidance Not later than 180 days after the date of enactment of the Trust in Public Service Act , the Director shall issue the guidance described in subsection (b) for— (A) agencies; and (B) components of agencies, as appropriate. (2) Format The Director may issue the guidance required under paragraph (1) in a format chosen by the Director, which may include Circular A–11 of the Office of Management and Budget. (b) Contents The guidance described in this subsection is as follows: (1) Guidance consistent with this subchapter to assist agencies in achieving high-quality customer experience and continually improving service delivery across the Federal Government. (2) Guidance that requires an agency or component of an agency to include principles of customer experience in— (A) standard operating procedures of the agency or component of the agency; (B) rules (as defined in section 551 of title 5, United States Code) issued by the agency or component of the agency; and (C) similar documents of the agency or component of the agency. (3) Guidance that— (A) requires an agency to communicate the impact of programs of the agency to the public, including through communication that— (i) is human-centered, including multimedia and good design; (ii) uses stories of human impact; (iii) allows for the public to contribute personal accounts; (iv) is participatory in nature; and (v) is tailored to regional or demographic considerations; and (B) reminds agencies that, although provisions of annual appropriations Acts typically bar agencies from engaging in impermissible publicity or propaganda, including self-aggrandizement, covert propaganda, and purely partisan communications, those provisions do not restrict agencies from engaging in legitimate activities to inform the public about agency programs through a communication described in subparagraph (A). (4) Guidance in which the Director designates certain agencies or components of agencies as high-impact service providers based on the following considerations: (A) Whether an agency or component has a large base of Federal customers served by the agency or component. (B) Whether an agency or component has a high impact on Federal customers served by the agency or component. (C) Whether, with respect to an agency or component, the public exchanges time, money, or information with the agency or component to receive a good, service, or authorization. (D) Whether agencies or components have high-profile Federal customer-facing services, regulatory functions, or informational roles, including operating websites or communication portals of the Federal Government, such as usa.gov. (E) Other agencies or components, based on factors that give the agency or component an ability to positively or negatively influence the public perception of the Federal Government. (5) Guidance that, with respect to high-impact service providers— (A) establishes service standards, as appropriate; (B) emphasizes resources, expectations, and good practices, including the use of human-centered design; and (C) requires high-impact service providers to publicly commit to, and report on, Federal customer experience standards, as appropriate. (6) Guidance that, with respect to agencies or components of agencies that are not high-impact service providers— (A) highlights that those agencies and components have an obligation to find creative means to inform the public about the ways in which those agencies or components serve the public; and (B) emphasizes expectations, resources, and good practices, including the use of human-centered design, for those agencies and components, including maximizing the contribution of the agency or component to overall trust in the Federal Government. (7) Guidance that, with respect to voluntary customer feedback— (A) provides agencies with best practices, templates, and standards for collecting qualitative and quantitative data relating to Government-wide customer experience and voluntary customer feedback; (B) enables cross-agency benchmarking and the improvement of customer experience; and (C) includes— (i) guidelines and support for user data collected from websites and forms relating to customer experience, including visits, task completion rates, time taken, drop out points, and other relevant areas; and (ii) guidance on voluntary customer feedback data collection relating to user comprehension and satisfaction, including guidance for how agencies should communicate the purpose of a data collection request and how the agency uses voluntary customer feedback to influence the policy and programs of the agency. (8) Guidance that identifies any privacy risks to Federal customers and how those risks and mitigation measures for those risks should be communicated to the public. (9) Guidance that clearly explains the process by which agencies and components of agencies shall solicit voluntary customer feedback and other learning and feedback tools, such as focus groups and usability testing, which shall— (A) balance— (i) quality control and risk management relating to the solicitation of voluntary customer feedback; and (ii) reducing unnecessary delay or burdens on agencies and components of agencies that inhibit or slow the solicitation of voluntary customer feedback; and (B) outline a streamlined process for agencies and components of agencies that demonstrate the capability to design and conduct high-quality Federal customer surveys or other capabilities that— (i) may include— (I) blanket approvals; and (II) waivers; and (ii) does not require re-approval for minimal changes. (10) Guidance that requires Government-wide employee engagement, including— (A) the Federal Employee Viewpoint Survey of the Office of Personnel Management; (B) as appropriate, the collection of additional, real-time voluntary qualitative and quantitative feedback from Federal employees; and (C) the development of an explicit employee engagement measure by the Director of the Office of Personnel Management that aligns with existing public sector employee engagement measures. (11) Guidance that includes best practices on the appropriate use of metrics by agencies that— (A) promotes true improvement and learning and the right incentives for Federal employees and the leadership of agencies; and (B) in order to avoid metrics that create perverse incentives, clarifies that certain customer experience or employee engagement measures should not be used for adverse personnel actions or promotion. (c) Collaboration (1) In general In developing the guidance issued under subsection (a), the Director shall collaborate with— (A) the Administrator of General Services with respect to customer experience good practices, including the use of human-centered design, data collection and use, usability testing, evaluation science, behavioral science, human-centered design, the use of agency websites and digital communication tools, and personnel support; (B) the Director of the Office of Personnel Management with respect to— (i) employee engagement; (ii) hiring authorities for recruiting subject matter experts; and (iii) developing a customer experience-oriented workforce; (C) the Administrator of the United States Digital Service with respect to personnel, human-centered design, digital experience good practices, and innovation; (D) the Office of Information and Regulatory Affairs and the Office of the Federal Chief Information Officer of the Office of Management and Budget with respect to— (i) providing technical assistance in Government-wide data collection; and (ii) balancing— (I) the quality control of agency data collection requests; and (II) reducing unnecessary delay or burdens on agencies, particularly with voluntary customer feedback and focus groups; (E) the Office of Science and Technology Policy with respect to good practices in behavioral sciences and human-centered design; (F) the National Archives and Records Administration and the Library of Congress with respect to historical context, multimedia, and stories of agency achievement throughout history; and (G) any other entity determined appropriate by the Director. (2) Support In collaborating with the entities described in paragraph (1), the Director shall ensure that those entities have sufficient resources to carry out the collaboration. (d) Updates Not later than 1 year after the date on which guidance is issued under subsection (a), and annually thereafter, the Director shall update the guidance. . (2) Clerical amendment The table of sections for chapter 3, United States Code, is amended by adding at the end the following: SUBCHAPTER III—Federal customer experience 321. Definitions. 322. Agency requirements. 323. OMB Customer experience guidance. . 6. Recognizing exceptional performance and early adopters (a) Establishment The Director may establish 1 or more programs that, on an annual basis, recognize individuals and teams across the Federal workforce, the dedication of which supports— (1) the early adoption of innovative customer experience tools or human-centered design practices by an agency to improve— (A) performance; (B) customer experience; or (C) public communication; or (2) the exceptional delivery by an agency of— (A) results that aligns with the mission of the agency; (B) customer experience; (C) public communication; and (D) the accountable stewardship of resources. (b) Public participation A program established under subsection (a) may involve a mechanism to foster participation in the recognition efforts of the program by— (1) members of the general public; (2) Federal employees; and (3) members of Congress or congressional committees. (c) Public communication A program established under subsection (a) may include year-round and interactive public communication efforts to ensure that the achievements of individuals and teams recognized by the program are communicated to the public in a manner that— (1) is compelling; (2) is tailored to regional and demographic considerations; and (3) emphasizes the breadth and scope of ongoing and exceptional efforts of the Federal Government to serve the public. 7. Integrating customer experience into titles 5 and 31 (a) Title 5 amendments (1) Agency strategic plans Section 306 of title 5, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (8)— (I) by inserting and agency customer feedback data after the program evaluations ; and (II) by striking and at the end; (ii) in paragraph (9)(F), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (10) a description of how the goals and objectives of the agency contribute to improved customer experience and public confidence in the agency. ; and (B) in subsection (f)— (i) by striking section the term and inserting “section— (1) the term ; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting a semi colon; and (iii) by adding at the end the following: (2) the term agency customer means a Federal customer of an agency; and (3) the term customer experience and Federal customer have the meanings given those terms in section 321. . (2) Agency evidence-building plan Section 312(a) of title 5, United States Code, is amended— (A) in the matter preceding paragraph (1), by inserting customer experience (as defined in section 321), before and regulations ; and (B) in paragraph (1), by inserting and improve customer experience (as defined in section 321) after support policymaking . (3) Functions of the Director of the Office of Personnel Management Section 1103(c)(2) of title 5, United States Code, is amended— (A) in subparagraph (A)— (i) in clause (i), by striking and at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: (ii) ensuring employee engagement (as defined in section 321) is a central component of the strategy and priorities of those agencies; and ; and (B) in subparagraph (D), by inserting and leads to high-quality customer experience (as defined in section 321) after workforce . (b) Title 31 amendments (1) Federal Government and agency performance plans (A) In general Section 1115 of title 31, United States Code, is amended— (i) in subsection (a)— (I) in paragraph (5), by striking and at the end; (II) in paragraph (6)— (aa) by inserting , including factors that make it more difficult for agencies to learn through voluntary customer feedback, testing, focus groups, human-centered design practices, or otherwise foster active public participation in Government, after in nature ; and (bb) by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (7) identify entities, which shall include the Office of Management and Budget and the entities listed in section 323(c)(1) of title 5, with mission support and coordination functions to enable other agencies to improve customer experience and employee engagement and request sufficient budgets. ; (ii) in subsection (b)— (I) in paragraph (1), by inserting , which shall include at least 1 performance goal related to customer experience after next fiscal year ; (II) in paragraph (5)(A), by inserting , including overall employee engagement considerations, which shall include soliciting and responding to feedback from employees after performance goals ; (III) in paragraph (6), by striking customer service and inserting customer experience ; (IV) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (V) by inserting after paragraph (8) the following: (9) describe customer experience opportunities and challenges facing the agency and identify— (A) key interaction points between the agency and the public; (B) Federal customer needs in relation to the overall agency mission, which may draw from reporting required under section 1116; (C) capabilities, resources, tradeoffs, constraints, and risks related to customer experience; and (D) the linkage between customer experience and employee engagement, including— (i) cultural strengths and weakness among the workforce that either enable high-quality customer experience or render high-quality customer experience difficult; (ii) capability, resource, or statutory challenges, tradeoffs, constraints, or risks related to employee engagement; and (iii) the voice of employees and the extent to which agencies regularly solicit, consider, and respond to employee feedback; ; (iii) by redesignating subsection (h) as subsection (i); (iv) by inserting after subsection (g) the following: (h) Agencies and components of agencies, particularly high-impact service providers (as defined in section 321 of title 5), are encouraged to develop more detailed customer experience action plans in coordination with the Office of Management and Budget. ; and (v) in subsection (i), as so redesignated, by striking paragraph (3) and inserting the following: (3) customer experience , the term employee engagement , and the term Federal customer have the meanings given such terms in section 321 of title 5; . (B) Technical and conforming amendments (i) Section 1122(a)(1)(D) of title 31, United States Code, is amended by striking section 1115(h) and inserting section 1115 . (ii) Section 6401(2)(A) of title 31, United States Code, is amended by striking section 1115(h) and inserting section 1115 . (2) Agency performance reporting Section 1116(a) of title 31, United States Code, is amended by inserting , which shall include customer experience as a central component after performance . (3) Federal Government and agency priority goals Section 1120(a)(1)(B) of title 31, United States Code, is amended— (A) in clause (iv), by striking and at the end; (B) in clause (v), by adding and at the end; and (C) by adding at the end the following: (vi) customer experience. . (4) Transparency of programs, priority goals, and results Section 1122(c) of title 31, United States Code, is amended— (A) in paragraph (8), by striking and at the end; (B) in paragraph (9), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (10) an assessment of overall trust in the Federal Government and customer experience, including an assessment of— (A) agency and sector-specific (such as health) considerations, progress, and achievements; (B) shortcomings and where more progress must be made; (C) external constraints; and (D) human-level case studies of high performance. . 8. Adequately resourcing customer experience and employee engagement (a) Including customer experience in Federal Citizen Services Fund (1) In general Section 323 of title 40, United States Code, is amended— (A) by striking the section heading and inserting Federal Citizen Services Fund ; and (B) in subsection (a), by striking purpose of and all that follows and inserting “purpose of— (1) disseminating Federal Government information to the public; (2) improving— (A) customer experience (as defined in section 321 of title 5); (B) mechanisms for public participation in the Federal Government; and (C) communication of the Federal Government to the public, including tailored messaging and human-centered stories of the impact of the Federal Government, including through human-centered design practices; and (3) other related purposes. . (2) Conforming amendment The table of sections for chapter 3 of title 40, United States Code, is amended by striking the item relating to section 323 and inserting the following: 323. Federal Citizen Services Fund. . (b) OMB Transfer authority (1) In general With the approval of the Director, the head of an agency may transfer funds available to the agency from appropriations to finance customer experience activities. (2) Amount The amounts transferred by the head of an agency under paragraph (1) may not exceed $10,000,000 in a fiscal year. (3) Aggregate limitation The total amount of transfers approved by the Director under paragraph (1) may not exceed $50,000,000 in a fiscal year. (4) Notification Not later than 30 days before the date on which the head of an agency executes a transfer authorized under paragraph (1), the head of the agency shall notify the Committee on Appropriations of the Senate and the Committee on Appropriations of the House of Representatives. (5) Sunset The authority to make a transfer under this subsection shall terminate on September 30, 2026. 9. Chief Customer Experience Officer of the United States (a) Establishment Not later than 30 days after the date of enactment of this Act, the Director shall establish the Office of Customer Experience. (b) Chief customer experience officer The Office of Customer Experience shall be led by the Chief Customer Experience Officer of the United States, who shall be appointed by the Director. (c) Qualifications The Chief Customer Experience Officer of the United States shall have demonstrated training and experience in— (1) complex inter-organizational coordination; (2) management; (3) establishing customer experience programs within service delivery organizations; (4) customer experience disciplines, such as product management, understanding the true needs of customers, experience and perception measurement, and human-centered design research; (5) employee engagement; and (6) public communications or marketing. (d) Functions The Chief Customer Experience Officer of the United States shall— (1) serve as a voice for the public within senior level interagency policy processes, including by— (A) advocating for the means to solicit and respond to public feedback and human-centered design insights to inform program and service design and delivery; (B) enhancing public participation in the planning, execution, and evaluation of agency programs; and (C) providing the public with timely and compelling communication about the impact of the policy and programs of the Federal Government that is tailored to regional or demographic considerations; (2) serve as the chief official responsible for improving public trust in the Federal Government, including by, in consultation with the heads of agencies— (A) establishing ambitious Government-wide, sector-specific (such as health), and agency targets; and (B) identifying Government-wide focal points, including call centers, and agency and Government-wide public websites using human-centered design practices; (3) in collaboration with the Deputy Director for Management— (A) establish priorities, goals, and targets that are cross-agency, sector-specific (such as health), experience-specific (such as retirement), Government-wide, and agency-specific; (B) assess needs and opportunities to improve customer experience; and (C) convene Chief Operating Officers, or equivalent officials, of agencies through meetings of the President’s Management Council, or similar means to— (i) align resources with priorities; (ii) assign responsibility; and (iii) ensure accountability; (4) in collaboration with the heads of the agencies listed in section 323(c)(1) of title 5, United States Code— (A) develop a Government-wide service delivery strategy to serve as a focal point for the public and include customer service standards in the strategy, as appropriate; (B) capture and develop Government-wide and sector-specific best practices for— (i) customer experience; (ii) employee engagement; (iii) design of websites and interactive portals, online forms, social media, and other digital platforms of agencies; and (iv) communication; (C) encourage cross-agency efforts relating to improving customer experience; and (D) pilot and implement innovative technologies and strategies from human-centered design to improve customer experience; (5) identify— (A) life moments of Federal Government customers in which agencies have a role; and (B) other key focal points or interactions that are particularly salient for interaction of the public with the Federal Government; (6) in collaboration with the heads of agencies and State and municipal governments, develop innovative and collaborative means to improve how the Federal Government meets the current and future needs of the public; (7) develop a framework to help agencies accurately assess the true costs, benefits, and costs of inaction with respect to improving customer experience, taking into account the many benefits of improved public engagement, including receiving more accurate and timely public data inputs; and (8) in collaboration with the heads of relevant agencies, develop good practices on customer experience and employee engagement, including through engagement and dialogue with advocacy groups, private sector organizations, and foreign government officials. 10. Integrating Customer Experience into the Responsibilities of Key Agency Officials (a) Performance Improvement Officers and the Performance Improvement Council Section 1124 of title 31, United States Code, is amended— (1) in subsection (a)(2)— (A) by redesignating subparagraphs (B) through (F) as subparagraphs (C) through (G), respectively; (B) by inserting after subparagraph (A) the following: (B) in consultation with agency staff responsible for customer experience and communications, advise the head of the agency and the Chief Operating Officer, or an equivalent official, on the agency contribution to public trust in Government, including through customer experience, mechanisms for public participation in Government, and communication with the public on agency performance, consistent with subparagraph (G); ; (C) in subparagraph (D), as so redesignated, by inserting , with an emphasis on customer experience before the semicolon; (D) in subparagraph (E), as so redesignated, by inserting and soliciting voluntary customer experience feedback after agency performance ; (E) in subparagraph (F), as so redesignated, by striking and at the end; (F) in subparagraph (G), as so redesignated, by striking the period at the end and inserting ; and ; and (G) by adding at the end the following: (H) in collaboration with other relevant officials, revise and update the website of the agency and develop and implement proactive public outreach strategies that emphasize human-level stories of impact, geographic or demographic considerations of the target audience, and human centered design, in collaboration with other agency officials and support agencies, including the United States Digital Service and the General Services Administration. ; and (2) in subsection (b)(2)— (A) in subparagraph (B), by inserting , especially related to customer experience before the semicolon; (B) in subparagraph (D), by inserting especially customer experience, and barriers to developing and enhancing public trust in Government, after performance issues, ; and (C) in subparagraph (H) by inserting and customer experience after performance improvement experiences . (b) Agency Chief Human Capital Officers Section 1401(1) of title 5, United States Code, is amended by inserting , with an emphasis on enhancing employee engagement (as defined in section 321) before the semicolon. (c) Authorities and functions of Chief Human Capital Officers Section 1402(a)(4) of title 5, United States Code, is amended to read as follows: (4) the hiring and performance management authorities for developing and advocating a culture of continuous learning and employee engagement (as defined in section 321) to attract and retain employees with superior abilities, motivation, and pride in their work who will contribute to overall agency performance and customer experience (as defined in section 321), which shall be delegated to the Chief Human Capital Officer by the Director of the Office of Personnel Management; . (d) Chief Information Officer authorities Section 11319(d)(1) of title 40, United States Code, is amended— (1) by redesignating subparagraphs (C), (D), (E), (F), (G), and (H) as subparagraphs (D), (E), (F), (G), (H), and (I), respectively; and (2) by inserting after subparagraph (B) the following: (C) to improve customer experience (as defined in section 321 of title 5) through targeted information technology improvement and analytics; . (e) Program Management Improvement Officer and Program Management Policy Council Section 1126 of title 31, United States Code, is amended— (1) in subsection (a)(2)(B)— (A) in clause (i)— (i) in subclause (I), by striking and at the end; (ii) in subclause (II), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (III) training that emphasizes customer experience. ; and (B) in clause (iii), by striking career paths and career and inserting employee engagement, career paths, and career ; and (2) in subsection (b)(2)(C)— (A) in clause (i), by striking career development and and inserting employee engagement, career development, and ; and (B) in clause (ii), by inserting , including customer experience after project management . (f) Chief data officers and Chief Data Officer Council (1) Chief data officers Section 3520(c) of title 44, United States Code, is amended— (A) in paragraph (7), by inserting , including data use relating to customer experience and employee engagement after data use ; and (B) in paragraph (12), by inserting , including data use relating to customer experience and employee engagement after data use . (2) Chief Data Officer Council Section 3520A(b)(3) of title 44, United States Code, is amended by inserting , including policymaking relating to customer experience and employee engagement after policymaking . 11. Customer experience officers for agency components (a) Designation (1) In general The head of an agency may designate 1 or more Lead Customer Experience Officers for a component of the agency that presents significant customer experience opportunities or challenges. (2) High-impact service providers It is the sense of Congress that, the head of an agency that is a high-impact service provider should make a designation under paragraph (1). (3) Qualifications A Lead Customer Experience Officer of a component of an agency designated under paragraph (1) shall have demonstrated training and experience in— (A) agency leadership; (B) management; (C) policy; (D) customer experience; (E) employee engagement; (F) digital experience; (G) public communications; or (H) marketing. (b) Functions The Lead Customer Experience Officer of a component of an agency shall— (1) report directly to the head of the component or the deputy head of the agency; (2) be included in the budget formulation process of the component; (3) recommend modifications to policies of agencies to incorporate customer experience as an essential priority, including— (A) rules (as defined in section 551 of title 5, United States Code); and (B) any other relevant policies; (4) issue directives, guidance, or policies for the component on customer experience that articulate how strategy and mission link to customer experience management and outcomes; (5) participate in agency peer-learning and sharing and ensure that customer experience practices are informed by good practices from the private sector or other agencies; (6) in concert with agency-wide efforts and consistent with guidance of the Office of Management and Budget, assess and measure the overall public perceptions of the component; (7) coordinate the development, resourcing, and implementation of customer experience priorities; (8) engage employees and contractors of the component in customer experience and employee engagement, including through process reforms, training, workshops, and other interventions designed to shift the culture of the component to increasingly focus on measuring customer experience and the outcomes that the component produces, such as improved trust; and (9) serve as the liaison of the component to other components of the agency, other agencies, and the Office of Management and Budget on improving customer experience and trust in the Federal Government. 12. Paperwork Reduction Act Voluntary Customer Feedback Reform (a) Application of Paperwork Reduction Act to collection of voluntary feedback Subchapter I of chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), is amended— (1) in section 3502— (A) in paragraph (22), by striking and at the end; (B) in paragraph (23), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (24) the term voluntary customer feedback has the meaning given the term in section 321 of title 5. ; and (2) in section 3518(c)(1)— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (E) by an agency that is voluntary customer feedback. . (b) Guidelines for voluntary customer feedback Each agency that solicits voluntary customer feedback shall ensure that— (1) responses to the solicitation of voluntary customer feedback remain anonymous and are not traced to specific individuals or entities; (2) individuals and entities who decline to participate in the solicitation of voluntary customer feedback are not treated differently by the agency for purposes of providing services or information; (3) the solicitation does not include more than 10 questions; (4) the voluntary nature of the solicitation is clear; (5) the proposed solicitation of voluntary customer feedback will contribute to improved customer service; (6) solicitations of voluntary customer feedback are limited to 1 solicitation per interaction with an individual or entity; (7) to the extent practicable, the solicitation of voluntary customer feedback is made at the point of service with an individual or entity; (8) instruments for collecting voluntary customer feedback are accessible to individuals with disabilities in accordance with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (9) internal agency data governance policies remain in effect with respect to the collection of voluntary customer feedback from individuals and entities. 13. Effectively Communicating Agency Performance to the Public (a) 21st Century IDEA Section 6(4) of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note) is amended— (1) by striking customers, identify areas and inserting “customers, identify— (A) areas ; (2) in subparagraph (A), as so designated, by adding and at the end; and (3) by adding at the end the following: (B) opportunities to provide— (i) a more engaging customer experience (as defined in section 321 of title 5, United States Code) through human-level content, such as stories of individual impact or multimedia testimonials; and (ii) design improvements of websites and interactive portals, online forms, social media, and other digital platforms of agencies and the Federal Government; . (b) USA.gov and agency websites (1) E-Government Act of 2002 The E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended— (A) in section 204(a)— (i) in paragraph (1)— (I) by striking and promote an and inserting “and promote— (A) an ; (II) in subparagraph (A), as so designated, by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (B) a well-designed interactive experience for visitors to the Internet-based system maintained under subparagraph (A) that— (i) is tailored to the needs of individual visitors; (ii) includes context about the impact and achievements of the Federal Government, including human-level multimedia stories; and (iii) offers visitors an opportunity to submit— (I) voluntary customer feedback, as defined in section 321 of title 5, United States Code; and (II) information about personal experiences with the Federal Government of visitors. ; and (ii) in paragraph (2), by adding at the end the following: (E) The inclusion of an interactive map of the United States that— (i) allows visitors of the integrated system to view the human-level impact of programs and policies of agencies, tailored by the geographic region and demographic profile of the visitor; and (ii) links to the websites of agencies and components of agencies in order for visitors to obtain additional information. ; and (B) in section 207(f)(1)— (i) in the matter preceding subparagraph (A), by striking Not later than 2 years after the effective date of this title and inserting Not later than 2 years after the date of enactment of the Trust in Public Service Act ; (ii) in subparagraph (A)— (I) in clause (iii), by striking and at the end; (II) in clause (iv), by striking and at the end; and (III) by adding at the end the following: (v) historical context and stories about the impact and achievements of the agency; and (vi) human-level stories of the impact of the agency, including multimedia testimonials from the public; ; and (iii) by striking subparagraph (B) and inserting the following: (B) minimum agency goals to assist public users to— (i) navigate agency websites, including— (I) the speed of retrieval of search results; (II) the relevance of the results; (III) tools to aggregate and disaggregate data; and (IV) security protocols to protect information; and (ii) efficiently and easily obtain services of the agency and information to better understand the mission and impact of the agency and have an emotionally positive experience while obtaining those services and information, including— (I) measures to ensure the customer experience (as defined in section 321 of title 5, United States Code), of public users, which may include— (aa) task completion rates; (bb) time taken to complete a task; (cc) drop out points; and (dd) user comprehension and satisfaction measurements; (II) visual presentations of curated testimonials segmented by geographic and demographic profiles; and (III) functionality that allows website visitors to submit voluntary customer feedback (as defined in section 321 of title 5, United States Code) or personal testimonials through text or multimedia functions; and (C) instructions for agencies to assess the minimum agency goals described in subparagraph (B) through testing, focus groups, and voluntary customer feedback (as defined in section 321 of title 5, United States Code) . (2) Agency reports Not later than 1 year after the date of enactment of this Act, the head of each agency shall submit to the Director a report on— (A) any changes made to the website of the agency and the digital experience of visitors to the website of the agency in accordance with guidance issued under section 207(f) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note), as amended by this Act; and (B) any collaboration or consultation relating to the customer experience of the agency with an agency described in section 323(c)(1) of title 5, United States Code, as added by this Act. (3) OMB report Not later than 30 days after the date on which the Director receives the reports from the heads of agencies under paragraph (2), the Director shall submit to Congress a report summarizing those reports. 14. Participatory Government and Civic Dialogue Advisory Council (a) Definitions In this section: (1) Council The term Council means the Participatory Government and Civic Dialogue Advisory Council. (2) State The term State means— (A) a State; (B) the District of Columbia; (C) the Commonwealth of Puerto Rico; and (D) any other territory or possession of the United States. (b) Establishment The Director, in coordination with the Chief Customer Experience Officer of the United States appointed under section 9(b), shall establish an advisory council to be known as the Participatory Government and Civic Dialogue Advisory Council for the purpose of providing the recommendations described in subsection (e). (c) Membership (1) In general The Council shall consist of 22 members appointed by the Director, of whom— (A) 4 shall be representatives of a nonprofit organization or foundation; (B) 4 shall be representatives of agencies who have the responsibility to foster, or relevant experience in fostering, public participation in the prioritization of the policy, regulation, execution, or evaluation of the Federal Government; (C) 4 shall be representatives of a State, local, Tribal, or territorial government; (D) 4 shall be representatives of academic or research institutions; (E) 4 shall be representatives of businesses; and (F) 2 shall be representatives of media organizations. (2) Geographic diversity The Director shall ensure that— (A) the membership of the Council is geographically diverse; and (B) not more than 2 of the members described in subparagraphs (A) through (E) of paragraph (1) represent the same State. (3) Terms; vacancies (A) In general Subject to subparagraph (C), each member of the Council shall be appointed for a term of 3 years. (B) Term limits Members of the Council may be appointed for not more than 2 consecutive terms. (C) Initial terms The terms of the initial members of the Council may be 1, 2, or 3 years in order to establish a rotation in which the Director appoints 1/3 of the members of the Council each year. (D) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member’s predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member’s term until a successor has taken office. (d) Meetings The Director shall convene the Council not less frequently than biannually. (e) Duties The Council, on a continuous basis, shall provide to the Director written recommendations, including any recommendations relating to the 2-year plan required under subsection (h), that— (1) focus on furthering a virtuous cycle in which responsive political institutions foster a healthy civic culture of participation and responsibility to ensure that political institutions are responsive and inclusive; (2) evaluate, and recommend improvements for, opportunities for active and substantive public participation in the prioritization, design, implementation, and evaluation of the policies of the Federal Government in order to— (A) enhance the quality of the policies of the Federal Government; and (B) increase the legitimacy of processes and outcomes of the Federal Government; (3) identify opportunities created by digital platforms to— (A) facilitate and enhance the interaction between the public and the Federal Government; and (B) incorporate innovations in participatory democracy gleaned from— (i) agencies; (ii) State, local, Tribal, and territorial governments; and (iii) governments across the world; (4) evaluate, and recommend improvements for— (A) civic dialogue and debate across the United States, with an emphasis on bridging differences and highlighting shared values; and (B) efforts to counterbalance cynical, vitriolic, and unproductive civil conversations on social media by finding common ground; and (5) assess, and recommend improvement for, the role of the Federal Government in using the convening power and resources of the Federal Government to complement— (A) private and philanthropic funding; (B) civic education at all educational levels and structures; and (C) the media. (f) Compensation (1) In general Members of the Council may not receive compensation for the performance of services for the Council. (2) Travel expenses Members of the Council 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 Council. (3) Voluntary service permitted Notwithstanding section 1342 of title 31, United States Code, the Secretary may accept the voluntary and uncompensated services of members of the Council. (g) Permanence Section 14 of the Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Council. (h) 2-Year plan (1) In general Not later than 1 year after the date of enactment of this Act, the Director, in consultation with the Council and the heads of appropriate agencies, shall submit to Congress a 2-year plan on participatory government and civic dialogue. (2) Contents The plan required under paragraph (1) shall include— (A) a description of the problem relating to public participation in the Federal Government and civic dialogue; (B) recommendations for agency and congressional action to improve public participation in the Federal Government, including— (i) good practices; (ii) a selection of illustrative mechanisms for agencies that can enable agencies to offer meaningful and impactful opportunities for public participation; and (iii) a list of resources available to agencies to enable agencies to adopt and pilot recommendations. (C) recommendations for agency and congressional action to improve civic conversation in the United States, including new— (i) agency programs; (ii) legislative authorities; or (iii) funding; and (D) a description of the concrete actions that agencies should take relating to the mission of the Council during the 2-year period beginning on the date on which the plan is submitted under paragraph (1). (3) Development and implementation In developing and implementing the plan required under paragraph (1), the Director shall take into account other efforts of the Federal Government to improve participatory government and civic dialogue, including customer experience initiatives and broader Federal Government communication. 15. GAO reports (a) Report on agency efforts (1) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an assessment of agency efforts to enhance customer experience and improve communication with the public. (2) Contents To the extent relevant information is available, the report required under paragraph (1) shall include the following: (A) An assessment of the extent to which selected agencies actively assesses public confidence in the agency and programs of those agency, including by conducting surveys, convening focus groups, soliciting voluntary customer feedback, making use of public data, fostering public participation in the Federal Government, and evaluating communication tools and strategies. (B) An assessment of the experience of agencies, specific sectors, such as healthcare, and the Federal Government as a whole in improving customer experience, including whether guidance on customer experience, as of the date of enactment of this Act, is sufficient to support the efforts of agencies. (C) An assessment of— (i) agencies with high-performing customer experience, including strategies that enable successful efforts; and (ii) agencies that have not adopted customer experience culture or initiatives and the challenges those agencies faced in that adoption. (D) An assessment of the compliance of agencies with requirements relating to customer experience, digital experience, and communication (including through websites), including requirements under— (i) the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 note); and (ii) other relevant authorities, including this Act. (E) Any other matter the Comptroller General of the United States determines important to assessing customer experience or enhancing confidence in agencies or the Federal Government as a whole. (b) Report on best practices (1) In general Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an examination of best practices in customer experience— (A) across the Federal Government; and (B) in State, local, Tribal, territorial, and foreign governments. (2) Contents To the extent relevant information is available, the report required under paragraph (1) shall include the following: (A) An examination of the experience of agencies with sharing, disseminating, and adopting customer experience best practices from other agencies and recommendations for improvement. (B) An examination of successful efforts by State, local, and foreign governments to improve or create high quality, integrated customer experience, especially in the digital domain, in order to identify useful lessons. (C) Any other matter the Comptroller General of the United States determines important to assessing customer experience or enhancing confidence in agencies or the Federal Government as a whole. | https://www.govinfo.gov/content/pkg/BILLS-117s1934is/xml/BILLS-117s1934is.xml |
117-s-1935 | II 117th CONGRESS 1st Session S. 1935 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for an extension of the period of eligibility under the Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities by reason of school closures due to emergency and other situations, and for other purposes.
1. Short title This Act may be cited as the Veteran Readiness and Employment National Emergency Extended Deadline Act of 2021 or the VR&E NEED Act of 2021 . 2. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities Section 3103 of title 38, United States Code, is amended— (1) in subsection (a), by striking or (g) and inserting (g), or (h) ; and (2) by adding at the end the following new subsection: (h) (1) In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility— (A) shall not run during the period the veteran is so prevented from participating in such program; and (B) shall again begin running on a date determined by the Secretary that is— (i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and (ii) not later than 90 days after that day. (2) In this subsection, a covered reason is— (A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or (B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary. . | https://www.govinfo.gov/content/pkg/BILLS-117s1935is/xml/BILLS-117s1935is.xml |
117-s-1936 | II 117th CONGRESS 1st Session S. 1936 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to provide for extensions of the time limitations for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations, and for other purposes.
1. Short title This Act may be cited as the GI Bill National Emergency Extended Deadline Act of 2021 . 2. Extension of time limitation for use of entitlement under Department of Veterans Affairs educational assistance programs by reason of school closures due to emergency and other situations (a) Montgomery GI Bill Section 3031 of title 38, United States Code, is amended— (1) in subsection (a), by inserting and subsection (i) after through (g) ; and (2) by adding at the end the following new subsection: (i) (1) In the case of an individual eligible for educational assistance under this chapter who is prevented from pursuing the individual's chosen program of education before the expiration of the 10-year period for the use of entitlement under this chapter otherwise applicable under this section because of a covered reason, as determined by the Secretary, such 10-year period— (A) shall not run during the period the individual is so prevented from pursuing such program; and (B) shall again begin running on a date determined by the Secretary that is— (i) not earlier than the first day after the individual is able to resume pursuit of a program of education with educational assistance under this chapter; and (ii) not later than 90 days after that day. (2) In this subsection, a covered reason is— (A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or (B) another reason that prevents the individual from pursuing the individual’s chosen program of education, as determined by the Secretary. . (b) Post-9/11 Educational Assistance Section 3321(b)(1) of such title is amended— (1) by inserting (A) before Subsections ; (2) by striking and (d) and inserting (d), and (i) ; and (3) by adding at the end the following new subparagraph: (B) Subsection (i) of section 3031 of this title shall apply with respect to the running of the 15-year period described in paragraphs (4)(A) and (5)(A) of this subsection in the same manner as such subsection applies under such section 3031 with respect to the running of the 10-year period described in subsection (a) of such section. . 3. Extension of period of eligibility by reason of school closures due to emergency and other situations under Department of Veterans Affairs training and rehabilitation program for veterans with service-connected disabilities Section 3103 of title 38, United States Code, is amended— (1) in subsection (a), by striking or (g) and inserting (g), or (h) ; and (2) by adding at the end the following new subsection: (h) (1) In the case of a veteran who is eligible for a vocational rehabilitation program under this chapter and who is prevented from participating in the vocational rehabilitation program within the period of eligibility prescribed in subsection (a) because of a covered reason, as determined by the Secretary, such period of eligibility— (A) shall not run during the period the veteran is so prevented from participating in such program; and (B) shall again begin running on a date determined by the Secretary that is— (i) not earlier than the first day after the veteran is able to resume participation in a vocational rehabilitation program under this chapter; and (ii) not later than 90 days after that day. (2) In this subsection, a covered reason is— (A) the temporary or permanent closure of an educational institution by reason of an emergency situation; or (B) another reason that prevents the veteran from participating in the vocational rehabilitation program, as determined by the Secretary. . 4. Department of Veterans Affairs disapproval of courses offered by public institutions of higher learning that do not charge veterans the in-State tuition rate for purposes of Survivors’ and Dependents’ Educational Assistance Program (a) In general Section 3679(c) of title 38, United States Code, is amended— (1) in paragraph (1), by striking or 33 and inserting 33, or 35 ; (2) in paragraph (2), by adding at the end the following new subparagraph: (D) An individual who is entitled to assistance under section 3510 of this title. ; and (3) in paragraph (6), by striking and 33 and inserting 33, and 35 . (b) Conforming amendments Section 3679(e) of such title is amended— (1) in paragraph (1)— (A) in subparagraph (A), by striking or 33 and inserting , 33, or 35 ; and (B) in subparagraph (B), by striking or 33 and inserting 33, or 35 ; and (2) in paragraph (2), by striking or 33 and inserting 33, or 35 . (c) Effective date The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply with respect to an academic period that begins on or after August 1, 2022. 5. Improvements to information technology services used to process claims for educational assistance (a) Modern information technology service The Secretary of Veterans Affairs shall implement an information technology service to process claims for educational assistance under chapters 30, 33, 35, and 36 of title 38, United States Code, using one or more commercial software systems. The Secretary shall complete such implementation not later than August 1, 2024. (b) Required capabilities The Secretary shall ensure that the modern information technology service under subsection (a) has the following capabilities: (1) As compared to legacy information technology systems— (A) the ability to process claims faster and in a more efficient manner by improving processing integration and accuracy; (B) improved data exchange and reporting; and (C) improved customer integration and simplification of the online experience. (2) Timely communication by employees of the Department of Veterans Affairs to individuals and educational institutions using an online portal that can provide real-time information on claims for educational assistance. (3) The ability to be customized to address future capabilities required by law. (4) Fully automated to the extent practicable for all original and supplemental claims, including with respect to calculating accurate awards. (5) The ability for individuals entitled to educational assistance to electronically apply for, withdraw from, and amend such entitlement, and to reallocate a transferred entitlement. (6) The ability to electronically process changes made by educational institutions. (7) The ability to verify attendance at an educational institution. (8) The ability to process validations made by an educational institution. (c) Initial report Not later than 120 days after the date of the enactment of this Act, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on the cost, schedule, and performance of the project for implementing the information technology service required by subsection (a), including, with respect to such project, the following: (1) An estimate of acquisition, implementation, and life cycle costs (including all direct and indirect costs to acquire, implement, operate, and maintain such system). (2) An intended implementation schedule indicating significant milestones, initial operating capability, and full operating capability or completion. (3) Key business, functional, or performance objectives. (4) With respect to both original claims and supplemental claims processed on a monthly basis, statistics regarding— (A) the number of such claims processed using legacy information systems; (B) the number of such claims that were off-ramped and processed manually; and (C) the number of such claims estimated to be processed using the modern information technology service. (5) The amount of savings that are estimated to be realized from using the modern information technology service rather than legacy information technology systems. (6) The estimated accuracy of processing claims. (7) The estimated timeliness for— (A) processing original claims; and (B) processing supplemental claims. (8) A description of how the modern information technology service will— (A) automate the processing of original claims; and (B) automate the processing of supplemental claims. (d) Definitions In this section: (1) Legacy information technology system The term legacy information technology system means an information technology system used by the Department of Veterans Affairs to process claims for educational assistance under chapters 30, 33, 35, and 36 of title 38, United States Code, before the date on which the Secretary of Veterans Affairs commences implementation under subsection (a) of the modern information technology service. (2) Modern information technology service The term modern information technology service means the information technology service implemented under subsection (a) to process claims for educational assistance under chapters 30, 33, 35, and 36 of title 38, United States Code. 6. Time period for eligibility under Survivors’ And Dependents’ Educational Assistance Program of Department of Veterans Affairs (a) In general Section 3512 of title 38, United States Code, is amended— (1) by redesignating subsection (h) as subsection (f); and (2) by adding at the end the following new subsection: (g) Notwithstanding any other provision of this section, the following persons may be afforded educational assistance under this chapter at any time after August 1, 2023, and without regard to the age of the person: (1) A person who first becomes an eligible person on or after August 1, 2023. (2) A person who— (A) first becomes an eligible person before August 1, 2023; and (B) becomes 18 years of age, or completes secondary schooling, on or after August 1, 2023. . (b) Conforming amendments Such section is further amended— (1) in subsection (a), by striking The educational and inserting Except as provided in subsection (g), the educational ; (2) in subsection (b)— (A) in paragraph (1)(A), by inserting subsection (g) or after provided in ; and (B) in paragraph (2), by striking Notwithstanding and inserting Except as provided in subsection (g), notwithstanding ; and (3) in subsection (e), by striking No person and inserting Except as provided in subsection (g), no person . 7. Pilot program on short-term fellowship programs (a) Authority The Assistant Secretary of Labor for Veterans' Employment and Training shall carry out a pilot program under which a State may use a grant or contract under section 4102A(b)(5) of title 38, United States Code, to carry out a short-term fellowship program. (b) Locations; agreements The Secretary shall select at least three, but not more than five, States to carry out a short-term fellowship program pursuant to subsection (a). Each such State shall enter into an agreement with a non-profit organization to carry out such program. (c) Short-Term fellowship program Each short-term fellowship program carried out by a State pursuant to subsection (a) shall— (1) consist of veterans participating as fellows with an employer for a period not exceeding 20 weeks; (2) provide to such veterans a monthly stipend during such period; and (3) provide to such veterans an opportunity to be employed on a long-term basis with the employer following such period. (d) Amount of stipend The amount of the stipend provided to a veteran pursuant to subsection (c)(2) for a month shall be the amount equal to the amount of the wages earned by the veteran during that month for participating in the fellowship. (e) Comptroller General report Not later than four years after the date on which the pilot program commences under this section, the Comptroller General of the United States shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on the pilot program. (f) Definition of State In this section, the term State has the meaning given such term in section 4101(6) of title 38, United States Code. (g) Authorization of appropriations In addition to funds made available under section 4102A(b)(5) of title 38, United States Code, there is authorized to be appropriated to the Assistant Secretary to carry out the pilot program under this section $15,000,000 for each of fiscal years 2021 through 2025. | https://www.govinfo.gov/content/pkg/BILLS-117s1936is/xml/BILLS-117s1936is.xml |
117-s-1937 | II 117th CONGRESS 1st Session S. 1937 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To require the Secretary of Veterans Affairs to establish a pilot program to furnish doula services to veterans.
1. Short title This Act may be cited as the Delivering Optimally Urgent Labor Access for Veterans Affairs Act of 2021 or the DOULA for VA Act of 2021 . 2. Pilot program on doula support for veterans (a) Findings Congress finds the following: (1) There are approximately 2,300,000 women within the veteran population in the United States. (2) The number of women veterans using services from the Veterans Health Administration has increased by 28.8 percent from 423,642 in 2014 to 545,670 in 2019. (3) During the period of 2010 through 2015, the use of maternity services from the Veterans Health Administration increased by 44 percent. (4) Although prenatal care and delivery is not provided in facilities of the Department of Veterans Affairs, pregnant women seeking care from the Department for other conditions may also need emergency care and require coordination of services through the Veterans Community Care Program under section 1703 of title 38, United States Code. (5) The number of unique women veteran patients with an obstetric delivery paid for by the Department increased by 1,778 percent from 200 deliveries in 2000 to 3,756 deliveries in 2015. (6) The number of women age 35 years or older with an obstetric delivery paid for by the Department increased 16-fold from fiscal year 2000 to fiscal year 2015. (7) A study in 2010 found that veterans returning from Operation Enduring Freedom and Operation Iraqi Freedom who experienced pregnancy were twice as likely to have a diagnosis of depression, anxiety, posttraumatic stress disorder, bipolar disorder, or schizophrenia as those who had not experienced a pregnancy. (8) The number of women veterans of reproductive age seeking care from the Veterans Health Administration continues to grow (more than 185,000 as of fiscal year 2015). (b) Program (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to furnish doula services to covered veterans through eligible entities by expanding the Whole Health model of the Department of Veterans Affairs, or successor model, to measure the impact that doula support services have on birth and mental health outcomes of pregnant veterans (in this section referred to as the pilot program ). (2) Consideration In carrying out the pilot program, the Secretary shall consider all types of doulas, including traditional and community-based doulas. (3) Consultation In designing and implementing the pilot program, the Secretary shall consult with stakeholders, including— (A) organizations representing veterans, including veterans that are disproportionately impacted by poor maternal health outcomes; (B) community-based health care professionals, including doulas, and other stakeholders; and (C) experts in promoting health equity and combating racial bias in health care settings. (4) Goals The goals of the pilot program are the following: (A) To improve— (i) maternal, mental health, and infant care outcomes; (ii) integration of doula support services into the Whole Health model of the Department, or successor model; and (iii) the experience of women receiving maternity care from the Department, including by increasing the ability of a woman to develop and follow her own birthing plan. (B) To reengage veterans with the Department after giving birth. (c) Locations The Secretary shall carry out the pilot program in— (1) the three Veterans Integrated Service Networks of the Department that have the highest percentage of female veterans enrolled in the patient enrollment system of the Department established and operated under section 1705(a) of title 38, United States Code, compared to the total number of enrolled veterans in such Network; and (2) the three Veterans Integrated Service Networks that have the lowest percentage of female veterans enrolled in the patient enrollment system compared to the total number of enrolled veterans in such Network. (d) Open participation The Secretary shall allow any eligible entity or covered veteran interested in participating in the pilot program to participate in the pilot program. (e) Services provided (1) In general Under the pilot program, a covered veteran shall receive not more than 10 sessions of care from a doula under the Whole Health model of the Department, or successor model, under which a doula works as an advocate for the veteran alongside the medical team for the veteran. (2) Sessions Sessions covered under paragraph (1) shall be as follows: (A) Three or four sessions before labor and delivery. (B) One session during labor and delivery. (C) Three or four sessions after post-partum, which may be conducted via the mobile application for VA Video Connect. (f) Administration of pilot program (1) In general The Office of Women’s Health of the Department of Veterans Affairs, or successor office (in this section referred to as the Office ), shall— (A) coordinate services and activities under the pilot program; (B) oversee the administration of the pilot program; and (C) conduct onsite assessments of medical facilities of the Department that are participating in the pilot program. (2) Guidelines for veteran-specific care The Office shall establish guidelines under the pilot program for training doulas on military sexual trauma and post traumatic stress disorder. (3) Amounts for care The Office may recommend to the Secretary appropriate payment amounts for care and services provided under the pilot program, which shall not exceed $3,500 per doula per veteran. (g) Doula Service Coordinator (1) In general The Secretary, in consultation with the Office, shall establish a Doula Service Coordinator within the functions of the Maternity Care Coordinator at each medical facility of the Department that is participating in the pilot program. (2) Duties A Doula Service Coordinator established under paragraph (1) at a medical facility shall be responsible for— (A) working with eligible entities, doulas, and covered veterans participating in the pilot program; and (B) managing payment between eligible entities and the Department under the pilot program. (3) Tracking of information A doula providing services under the pilot program shall report to the applicable Doula Service Coordinator after each session conducted under the pilot program. (4) Coordination with women's program manager A Doula Service Coordinator for a medical facility of the Department shall coordinate with the women's program manager for that facility in carrying out the duties of the Doula Service Coordinator under the pilot program. (h) Term of pilot program The Secretary shall conduct the pilot program for a period of 5 years. (i) Technical assistance The Secretary shall establish a process to provide technical assistance to eligible entities and doulas participating in the pilot program. (j) Report (1) In general Not later than one year after the date of the enactment of this Act, and annually thereafter for each year in which the pilot program is carried out, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on the pilot program. (2) Final report As part of the final report submitted under paragraph (1), the Secretary shall include recommendations on whether the model studied in the pilot program should be continued or more widely adopted by the Department. (k) Authorization of appropriations There are authorized to be appropriated to the Secretary, for each of fiscal years 2022 through 2027, such sums as may be necessary to carry out this section. (l) Definitions In this section: (1) Covered veteran The term covered veteran means a pregnant veteran or a formerly pregnant veteran (with respect to sessions post-partum) who is enrolled in the patient enrollment system of the Department of Veterans Affairs established and operated under section 1705(a) of title 38, United States Code. (2) Eligible entity The term eligible entity means an entity that provides medically accurate, comprehensive maternity services to covered veterans under the laws administered by the Secretary, including under the Veterans Community Care Program under section 1703 of title 38, United States Code. (3) VA Video Connect The term VA Video Connect means the program of the Department of Veterans Affairs to connect veterans with their health care team from anywhere, using encryption to ensure a secure and private session. | https://www.govinfo.gov/content/pkg/BILLS-117s1937is/xml/BILLS-117s1937is.xml |
117-s-1938 | II 117th CONGRESS 1st Session S. 1938 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Booker (for himself and Mr. Menendez ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To extend the authority for the establishment of a commemorative work in honor of Gold Star Families, and for other purposes.
1. Short title This Act may be cited as the Gold Star Mothers Family Monument Extension Act . 2. Extension of authority for establishment of commemorative work Notwithstanding section 8903(e) of title 40, United Sates Code, the authority provided by section 2859 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239 ; 126 Stat. 2164; 40 U.S.C. 8903 note) shall continue to apply through January 2, 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s1938is/xml/BILLS-117s1938is.xml |
117-s-1939 | II 117th CONGRESS 1st Session S. 1939 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Cotton (for himself, Mr. McConnell , Mr. Barrasso , Mr. Blunt , Mr. Boozman , Mr. Cornyn , Mr. Cramer , Mr. Daines , Ms. Ernst , Mr. Hagerty , Mr. Inhofe , Mr. Moran , Mr. Rubio , Mr. Scott of Florida , Mr. Scott of South Carolina , Mr. Sullivan , Mr. Tillis , Mr. Cruz , Mrs. Hyde-Smith , Mr. Grassley , Mr. Hoeven , Ms. Murkowski , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To facilitate the expedited review of antisemitic hate crimes, and for other purposes.
1. Short title This Act may be cited as the Preventing Antisemitic Hate Crimes Act . 2. Findings Congress finds the following: (1) Jews are the targets of the majority of hate crimes committed in the United States against any religious group, including attacks on houses of worship and Jewish community centers. (2) Amid ongoing conflict in May 2021 between Israel, which is one of the closest allies of the United States, and Hamas, which is a terrorist organization and has been designated by the United States as such since 1997, media reports indicate that there has been a dramatic increase in hate crimes and violence against Jews in the United States. (3) Media reports indicate that activists and mobs acting in support of the terrorist group, Hamas, and its sympathizers have incited and perpetrated hate crimes and violence against Jews in the United States in 2021. (4) A recent survey conducted by the Anti-Defamation League indicates that 63 percent of American Jews have directly experienced or witnessed antisemitic hate incidents within the past 5 years. (5) Antisemitism has long perpetrated myths about Jews, including the Russian fabrication of the Protocols of the Elders of Zion and the wide circulation of libelous falsehoods about the Jewish murder of infants. (6) The International Holocaust Remembrance Alliance defines antisemitism as a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities . (7) In its most extreme form, antisemitism aims at the physical destruction of the Jewish people, as seen in pogroms, forced conversions, and Nazi Germany’s murder of over 6,000,000 Jews. (8) Antisemitism has included attacks on the livelihood of Jews, including prohibitions on land ownership, campaigns to boycott, confiscate, or destroy Jewish businesses, and denial of the ability of Jews to practice certain professions. (9) In the United States, Jews have suffered from systematic discrimination in the form of exclusion from home ownership in certain neighborhoods, prohibition from staying in certain hotels, restrictions upon membership in private clubs and other associations, limitations upon admission to certain educational institutions, and other barriers to equal justice under the law. (10) In the United States, Jews have faced, and continue to face, false accusations of divided loyalty between the United States and Israel, false claims that they purchase political power with money, and false accusations about control of the financial system, along with other negative stereotypes. (11) The people of the United States stand in solidarity with those affected by hate incidents directed toward the American Jewish community. 3. Review of hate crimes (a) In general Not later than 7 days after the date of enactment of this Act, the Attorney General shall designate an officer or employee of the Department of Justice whose responsibility during the applicable period shall be to facilitate the expedited review of antisemitic hate crimes (as described in section 249 of title 18, United States Code) and reports of any such crime to Federal, State, local, or Tribal law enforcement agencies. (b) Applicable period defined In this section, the term applicable period means the period beginning on the date on which the officer or employee is designated under subsection (a), and ending on the date that is 3 years after the date of enactment of this Act, except that the Attorney General may extend such period as appropriate. 4. Improving antisemitic hate crime prevention efforts (a) Guidance for law enforcement agencies The Attorney General shall issue guidance for State, local, and Tribal law enforcement agencies, pursuant to this Act and other applicable law, on how to expand public education campaigns aimed at raising awareness of antisemitic hate crimes and reaching victims that are equally effective for people with disabilities as for people without disabilities. (b) Report to congress (1) In general Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter until December 31, 2024, the Attorney General shall issue a report to the appropriate congressional committees summarizing— (A) the number of hate crimes and other incidents reported to the Federal Bureau of Investigation during the preceding 90 days for which the government has reason to believe that the victim was targeted because he or she is Jewish or was perceived to be Jewish; (B) the number of active investigations into antisemitic hate crimes, disaggregated by the division of the Department of Justice responsible for the investigation; (C) the number of active prosecutions of antisemitic hate crimes, disaggregated by district, primary charge filed, and whether the prosecution is primarily conducted by the relevant United States Attorney, the Criminal Division, or the Civil Rights Division; and (D) other efforts undertaken by the Department of Justice during the preceding 90 days to reduce the number of antisemitic hate crimes in the United States. (2) Appropriate congressional committees defined As used in this section, the term appropriate congressional committees means— (A) the Committee on the Judiciary of the Senate; (B) the Committee on the Judiciary of the House of Representatives; (C) the Committee on Appropriations of the Senate; and (D) the Committee on Appropriations of the House of Representatives. (c) Enhanced penalties for repeat violent hate crime offenders Section 249 of title 18, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (1), by amending subparagraph (B) to read as follows: (B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (i) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (ii) death results from the offense; or (iii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (B) in paragraph (2)(A), in clause (ii) to read as follows: (ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if— (I) the violation of this section occurs after a prior conviction under this section or a hate crime felony under State law has become final; (II) death results from the offense; or (III) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill. ; and (2) in subsection (c)— (A) by redesignating paragraph (5) as paragraph (6); (B) in paragraph (4), by striking and at the end; and (C) by inserting after paragraph (4) the following: (5) the term hate crime felony under State law means any crime under State law that— (A) is punishable by more than 1 year; and (B) has as an element the use, attempted use, or threatened use of physical force against the person or property of another because of any actual or perceived characteristic described in paragraph (1) or (2) of subsection (a) of the person; and . | https://www.govinfo.gov/content/pkg/BILLS-117s1939is/xml/BILLS-117s1939is.xml |
117-s-1940 | II 117th CONGRESS 1st Session S. 1940 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Murkowski (for herself, Ms. Cantwell , Mr. Sullivan , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the market name of genetically altered salmon in the United States, and for other purposes.
1. Short title This Act may be cited as the Genetically Engineered Salmon Labeling Act . 2. Purposes It is the purpose of this Act to ensure that consumers in the United States can make informed decisions when purchasing salmon. 3. Market name for genetically engineered salmon (a) In General Notwithstanding subtitle E of title II of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1639 et seq. ), or any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), the acceptable market name of any salmon that is genetically engineered shall include the words “Genetically Engineered” or GE prior to the existing acceptable market name. (b) Definition For purposes of this section, salmon is genetically engineered if it has been modified by recombinant DNA (rDNA) techniques, including the entire lineage of salmon that contain the rDNA modification. | https://www.govinfo.gov/content/pkg/BILLS-117s1940is/xml/BILLS-117s1940is.xml |
117-s-1941 | II 117th CONGRESS 1st Session S. 1941 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To direct the Director of the Office of Management and Budget to standardize the use of core-based statistical area designations across Federal programs, to allow between 120 and 180 days for public comment on any proposed change to such designations, and to report on the scientific basis and estimated impact to Federal programs for any proposed change to such designations, and for other purposes.
1. Short title This Act may be cited as the Metropolitan Areas Protection and Standardization Act of 2021 or the MAPS Act of 2021 . 2. Requirements for modification of CBSA standards (a) Definitions In this section: (1) Core-based statistical area The term core-based statistical area has the meaning given the term by the Office of Management and Budget in the Notice of Decision entitled 2010 Standards for Delineating Metropolitan and Micropolitan Statistical Areas , published in the Federal Register on June 28, 2010 (75 Fed. Reg. 37246), or any successor to that Notice. (2) Director The term Director means the Director of the Office of Management and Budget. (b) Requirements (1) In general Before the Director recommends, adopts, or implements any change to the standards for a core-based statistical area, the Director shall— (A) require the complete reporting of the use of core-based statistical area designations as standardized by the Office of Management and Budget in accordance with the amendments made by subsections (c) and (d); (B) allow for public comment on any proposed change to the standards for a core-based statistical area for a period of not less than 120 days and not more than 180 days; and (C) submit a public report, produced in accordance with paragraph (2), to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives on— (i) the scientific basis, criteria, and methodology for any such change to existing standards, including clear quantitative thresholds for determining any future statistical redesignations; and (ii) the complete list of Federal programs that would be impacted by any such change to existing standards, including the estimated impact on a county level to Federal services, opportunities, and funding of these programs, which shall be made available in a searchable format and consistent with the reporting described in subparagraph (A). (2) Required consultation The Director shall— (A) for purpose of reporting the information described in paragraph (1)(C)(i), consult with domestic and international experts in statistics and demographics, including government experts at the Bureau of the Census and other relevant agencies, to assess and justify what scientific basis, criteria, and methodology should determine a region's descriptive status as metropolitan or nonmetropolitan, including any other necessary categories; and (B) for purpose of reporting the information described in paragraph (1)(C)(ii), consult with program staff and other relevant entities, such as representatives from State, local, and tribal governments, as well as representatives from the business community. (c) Agency use of statistical standards Section 3504(e) of title 44, United States Code, is amended— (1) in paragraph (8)(B)(ii), by striking and at the end; (2) in paragraph (9)(B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) collaborate with Federal agencies to study and disclose any impact to Federal programs based on implementation of paragraph (3), including agencies that use statistical standards for both statistical and non-statistical purposes. . (d) Standardization (1) Program information requirements Section 6102(a)(2) of title 31, United States Code, is amended— (A) by redesignating subparagraph (G) and subparagraph (H); (B) in subparagraph (F), by striking and at the end; and (C) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient eligibility for, and distribution of, the funding; and . (2) Federal Funding Accountability and Transparency Act of 2006 The Federal Funding Accountability and Transparency Act of 2006 ( 31 U.S.C. 6101 note) is amended— (A) in section 2(b)(1)— (i) by redesignating subparagraph (G) as subparagraph (H); (ii) in subparagraph (F)(ii), by striking the period at the end and inserting a semicolon; and (iii) by inserting after subparagraph (F) the following: (G) use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding; and ; and (B) in section 3(b)— (i) in paragraph (3)(B), by striking and at the end; (ii) in paragraph (4)(B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (5) for each program activity, the use of core-based statistical area designations (as chosen from a standardized list determined by the Office of Management and Budget), for purposes including prime recipient and subrecipient eligibility for, and distribution of, the funding. . | https://www.govinfo.gov/content/pkg/BILLS-117s1941is/xml/BILLS-117s1941is.xml |
117-s-1942 | II 117th CONGRESS 1st Session S. 1942 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Stabenow (for herself, Mr. Blunt , Mr. Blumenthal , Mrs. Capito , Mr. Markey , Mr. Wicker , Ms. Cortez Masto , Mr. Heinrich , Mr. Booker , Mr. Murphy , Ms. Warren , Ms. Duckworth , Mr. Peters , Mr. Sanders , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To standardize the designation of National Heritage Areas, and for other purposes.
1. Short title This Act may be cited as the National Heritage Area Act . 2. Definitions In this Act: (1) Local coordinating entity The term local coordinating entity means the entity designated by Congress— (A) to carry out, in partnership with other individuals and entities, the management plan for a National Heritage Area; and (B) to operate the National Heritage Area, including through the implementation of projects and programs among diverse partners in the National Heritage Area. (2) National Heritage Area The term National Heritage Area means a component of the National Heritage Area System described in section 3(b). (3) National Heritage Area System The term National Heritage Area System means the system established by section 3(a). (4) Proposed National Heritage Area The term proposed National Heritage Area means an area that is proposed to be designated as a National Heritage Area. (5) Secretary The term Secretary means the Secretary of the Interior. (6) Tribal government The term Tribal government means the governing body of an Indian Tribe included on the most recent list published by the Secretary pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). 3. National Heritage Area System (a) In general To recognize certain areas of the United States that tell nationally significant stories and to conserve, enhance, and interpret those nationally significant stories and the natural, historic, scenic, and cultural resources of areas that illustrate significant aspects of the heritage of the United States, there is established a National Heritage Area System through the administration of which the Secretary may provide technical and financial assistance to local coordinating entities to support the establishment, development, and continuity of the National Heritage Areas. (b) National heritage area system The National Heritage Area System shall be composed of— (1) each National Heritage Area, National Heritage Corridor, National Heritage Canalway, Cultural Heritage Corridor, and National Heritage Partnership designated by Congress before or on the date of enactment of this Act; and (2) each National Heritage Area designated by Congress after the date of enactment of this Act, unless the law designating the area exempts that area from the National Heritage Area System by specific reference to this Act. (c) Relationship to the national park system (1) Relationship to national park units The Secretary shall— (A) ensure, to the maximum extent practicable, participation and assistance by any administrator of a unit of the National Park System that is located near or encompassed by a National Heritage Area in local initiatives for the National Heritage Area to conserve and interpret resources consistent with the applicable management plan for the National Heritage Area; and (B) work with local coordinating entities to promote public enjoyment of units of the National Park System and National Park-related resources. (2) Treatment A National Heritage Area shall not be— (A) considered to be a unit of the National Park System; or (B) subject to the authorities applicable to units of the National Park System. (d) Duties Under the National Heritage Area System, the Secretary shall— (1) review and approve or disapprove the management plan for a National Heritage Area in accordance with section 4(c); and (2) submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives reports describing the activities conducted with respect to National Heritage Areas in accordance with this Act. (e) Authorities In carrying out this Act, the Secretary may— (1) conduct or review, as applicable, feasibility studies in accordance with section 4(a); (2) conduct an evaluation of the accomplishments of, and submit to Congress a report that includes recommendations regarding the role of National Park Service with respect to, each National Heritage Area, in accordance with section 5; (3) use amounts made available under section 7 to provide technical and financial assistance, on a reimbursable or nonreimbursable basis, as determined by the Secretary, for— (A) the development and implementation of management plans for National Heritage Areas; and (B) the administration of National Heritage Areas; (4) enter into cooperative agreements with other Federal agencies, States, Tribal governments, local governments, local coordinating entities, and other interested individuals and entities to achieve the purposes of the National Heritage Area System; (5) provide information, promote understanding, and encourage research regarding National Heritage Areas, in partnership with local coordinating entities; and (6) provide national oversight, analysis, coordination, technical and financial assistance, and support to ensure consistency and accountability of the National Heritage Area System. 4. Designation of National Heritage Areas (a) Studies (1) In general Subject to the availability of appropriations, the Secretary may carry out or review a study to assess the suitability and feasibility of each proposed National Heritage Area for designation as a National Heritage Area. (2) Preparation (A) In general A study under paragraph (1) may be carried out— (i) by the Secretary, in consultation with State and local historic preservation officers, State and local historical societies, State and local tourism offices, and other appropriate organizations and governmental agencies; or (ii) by interested individuals or entities, if the Secretary certifies that the completed study meets the requirements of paragraph (3). (B) Certification Not later than 1 year after receiving a study carried out by interested individuals or entities under subparagraph (A)(ii), the Secretary shall review and certify whether the study meets the requirements of paragraph (3). (3) Requirements A study under paragraph (1) shall include analysis, documentation, and determinations on whether the proposed National Heritage Area— (A) has an assemblage of natural, historic, and cultural resources that— (i) represent distinctive aspects of the heritage of the United States; (ii) are worthy of recognition, conservation, interpretation, and continuing use; and (iii) would be best managed— (I) through partnerships among public and private entities; and (II) by linking diverse and sometimes noncontiguous resources and active communities; (B) reflects traditions, customs, beliefs, and folklife that are a valuable part of the story of the United States; (C) provides outstanding opportunities— (i) to conserve natural, historic, cultural, or scenic features; and (ii) for recreation and education; (D) contains resources that— (i) are important to any identified themes of the proposed National Heritage Area; and (ii) retain a degree of integrity capable of supporting interpretation; (E) includes residents, business interests, nonprofit organizations, and State and local governments that— (i) are involved in the planning of the proposed National Heritage Area; (ii) have developed a conceptual financial plan that outlines the roles of all participants in the proposed National Heritage Area, including the Federal Government; and (iii) have demonstrated support for the designation of the proposed National Heritage Area; (F) has a potential management entity to work in partnership with the individuals and entities described in subparagraph (E) to develop the proposed National Heritage Area while encouraging State and local economic activity; and (G) has a conceptual boundary map that is supported by the public. (4) Report (A) In general For each study carried out under paragraph (1), the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (i) the findings of the study; and (ii) any conclusions and recommendations of the Secretary. (B) Timing (i) Studies carried out by the Secretary With respect to a study carried out by the Secretary in accordance with paragraph (2)(A)(i), the Secretary shall submit a report under subparagraph (A) not later than 3 years after the date on which funds are first made available to carry out the study. (ii) Studies carried out by other interested parties With respect to a study carried out by interested individuals or entities in accordance with paragraph (2)(A)(ii), the Secretary shall submit a report under subparagraph (A) not later than 180 days after the date on which the Secretary certifies under paragraph (2)(B) that the study meets the requirements of paragraph (3). (b) Designation (1) In general An area shall be designated as a National Heritage Area only by an Act of Congress. (2) Designation On receipt of a report under subsection (a)(4) recommending the designation of a proposed National Heritage Area as a National Heritage Area, Congress may designate— (A) as a National Heritage Area the proposed National Heritage Area that is the subject of the relevant feasibility study; and (B) a local coordinating entity to operate the National Heritage Area. (3) Treatment as component of national heritage area system A National Heritage Area designated under paragraph (2)(A) shall be a component of the National Heritage Area System, unless the law designating the National Heritage Area exempts the National Heritage Area from the National Heritage Area System through a specific reference to this Act. (c) Management plan (1) In general The applicable local coordinating entity shall develop a management plan for a National Heritage Area in accordance with paragraph (2). (2) Requirements The management plan for a National Heritage Area shall— (A) be developed using a comprehensive planning approach that includes— (i) opportunities for stakeholders (such as community members, local and regional governments, Tribal governments, businesses, nonprofit organizations, and others)— (I) to be involved in the planning process; and (II) to review and comment on the draft plan; and (ii) documentation of the planning and public participation processes, including a description of— (I) the means by which the management plan was prepared; (II) the stakeholders involved in the process; and (III) the timing and method of stakeholder involvement; (B) include an inventory of the natural, historic, cultural, and scenic resources of the National Heritage Area relating to the nationally significant themes and events of the region that should be protected, enhanced, interpreted, managed, or developed; (C) identify comprehensive goals, strategies, policies, and recommendations for— (i) demonstrating the heritage represented by the National Heritage Area; and (ii) encouraging long-term resource protection, enhancement, interpretation, and development; (D) include recommendations for ways in which Federal, State, Tribal government, and local entities may best be coordinated, including the role of the National Park Service and other Federal agencies associated with the National Heritage Area, to advance the purposes of this Act; (E) describe a strategy by which the local coordinating entity will achieve financial sustainability; (F) include an implementation program that identifies, with respect to the National Heritage Area— (i) prioritized actions and criteria for selecting future projects; (ii) existing and potential sources of funding; (iii) performance goals; (iv) the means by which stakeholders will be involved; and (v) the manner in which the management plan will be evaluated and updated; (G) include a business plan for the local coordinating entity that, at a minimum, addresses management and operation, products or services offered, the target market for those products and services, and revenue streams; and (H) be submitted to the Secretary for approval by not later than 3 years after the date on which the National Heritage Area is designated by Congress under subsection (b). (3) Applicability The requirements described in paragraph (2) shall not apply to any management plan or other similar plan in effect on the date of enactment of this Act with respect to a National Heritage Area described in section 3(b)(1). 5. Evaluation (a) In general At reasonable and appropriate intervals, as determined by the Secretary, the Secretary may— (1) conduct an evaluation of the accomplishments of a National Heritage Area in accordance with subsection (b); and (2) prepare and submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes recommendations for the continued role of the National Park Service with respect to each National Heritage Area in accordance with subsection (c). (b) Components An evaluation under subsection (a)(1) shall— (1) assess the progress of the applicable local coordinating entity of a National Heritage Area with respect to— (A) accomplishing the purposes of the applicable National Heritage Area; and (B) achieving the goals and objectives of the management plan; (2) analyze Federal, State, local, Tribal government, and private investments in the National Heritage Area to determine the leverage and impact of the investments; and (3) review the management structure, partnership relationships, and funding of the National Heritage Area for purposes of identifying the critical components for sustainability of the National Heritage Area. (c) Recommendations Each report under subsection (a)(2) shall include— (1) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be continued, an analysis of— (A) any means by which that Federal funding may be reduced or eliminated over time; and (B) the appropriate time period necessary to achieve the recommended reduction or elimination of Federal funding; or (2) if the report contains a recommendation of the Secretary that Federal funding for the applicable National Heritage Area should be eliminated, a description of potential impacts on conservation, interpretation, and sustainability in the applicable National Heritage Area. (d) Conforming amendment Section 3052(a) of Public Law 113–291 ( 54 U.S.C. 320101 note) is amended by striking paragraph (2). 6. Property owners and regulatory protections Nothing in this Act— (1) abridges any right of a public or private property owner, including the right to refrain from participating in any plan, project, program, or activity conducted within a National Heritage Area; (2) requires any property owner to permit public access (including Federal, State, Tribal government, or local government access) to a property; (3) modifies any provision of Federal, State, Tribal, or local law with respect to public access or use of private land; (4) (A) alters any applicable land use regulation, land use plan, or other regulatory authority of any Federal, State, or local agency or Tribal government; or (B) conveys to any local coordinating entity any land use or other regulatory authority; (5) authorizes or implies the reservation or appropriation of water or water rights; (6) diminishes the authority of a State to manage fish and wildlife, including through the regulation of fishing and hunting within a National Heritage Area in the State; or (7) creates or affects any liability— (A) under any other provision of law; or (B) of any private property owner with respect to any person injured on private property. 7. Authorization of appropriations (a) In general Notwithstanding any other provision of law, there is authorized to be appropriated to the Secretary for each fiscal year not more than $1,000,000 for each National Heritage Area. (b) Cost-Sharing requirement (1) Federal Share Except as otherwise provided in applicable law, including any law designating a National Heritage Area, the Federal share of the total cost of any activity funded with appropriations authorized by subsection (a) shall be not more than 50 percent. (2) Form of Non-Federal share The non-Federal share of the total cost of any activity funded with appropriations authorized by subsection (a) may be in the form of in-kind contributions of goods or services fairly valued. (c) Authority To provide assistance Notwithstanding any other provision of law, the Secretary may provide assistance to a National Heritage Area during any fiscal year for which appropriations are authorized under subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1942is/xml/BILLS-117s1942is.xml |
117-s-1943 | II 117th CONGRESS 1st Session S. 1943 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Collins (for herself, Mr. Cardin , Mr. Marshall , Ms. Stabenow , Mrs. Capito , Mr. King , Mr. Cassidy , Ms. Sinema , Mr. Menendez , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve access to, and utilization of, bone mass measurement benefits under part B of the Medicare program by establishing a minimum payment amount under such part for bone mass measurement.
1. Short title This Act may be cited as the Increasing Access to Osteoporosis Testing for Medicare Beneficiaries Act of 2021 . 2. Findings The Congress finds the following: (1) Osteoporosis is a major public health problem with 54 million Americans as of 2010 having either low bone mass or osteoporosis, responsible for over 2,000,000 fractures per year, including over 300,000 hip fractures. The estimated total cost of these fractures in 2005 was $17,000,000,000 and expected to rise to over $25,000,000,000 by 2025. (2) Osteoporosis is a silent disease that often is not discovered until a fracture occurs. One out of two women and up to one of four men will suffer an osteoporotic fracture in their lifetimes. (3) While both men and women may develop osteoporosis, 80 percent are women. (4) Most women are not aware of their personal risk factors for osteoporosis, the prevalence of, or the morbidity and mortality associated with the disease, despite the fact that broken bones due to osteoporosis lead to more hospitalizations and greater health care costs than heart attack, stroke, or breast cancer in women age 55 and above. (5) A woman’s risk of hip fracture is equal to her combined risk of breast, uterine, and ovarian cancer. More women die in the United States in the year following a hip fracture than from breast cancer. (6) One out of four people who have an osteoporotic hip fracture will need long-term nursing home care. Half of those who experience osteoporotic hip fractures are unable to walk without assistance. (7) Elderly women are so afraid of losing their independence that 8 in 10 would rather die than break their hip and be admitted to a nursing home. (8) Bone density testing is more powerful in predicting fractures than cholesterol is in predicting myocardial infarction or blood pressure in predicting stroke. (9) Osteoporosis remains both under-recognized and under-treated. Over a 7-year period (2007–2013), 45 percent of older female Medicare beneficiaries had no DXA bone density test, and 25 percent had only one test. (10) DXA testing in older women declined in 2014 to the lowest point in 10 years. (11) A decade of steady decline in hip fractures stopped abruptly in 2013. Since then, there have been more than 14,000 additional hip fractures, costing over $560,000,000, leading to 2,800 more deaths than expected if the decline had continued. 3. Increasing access to osteoporosis prevention and treatment (a) In general Section 1848(b) of the Social Security Act ( 42 U.S.C. 1395w–4(b) ) is amended— (1) in paragraph (4)(B)— (A) by striking and the first 2 months of 2012 and inserting the first 2 months of 2012, 2022, and each subsequent year ; and (B) by striking paragraph (6) and inserting paragraphs (6) and (12) ; and (2) by adding at the end the following: (12) Establishing minimum payment for osteoporosis tests (A) Floor on locality payment amounts For a dual-energy x-ray absorptiometry service (identified by HCPCS codes 77080, 77085, and 77086 (and any succeeding codes)) furnished during 2022 or a subsequent year, after determining the payment amount otherwise applicable under this section (without application of this paragraph), if the otherwise applicable payment amount would be less than the floor on the payment amount for the fee schedule area (as determined in subparagraph (B)), the Secretary shall increase the otherwise applicable payment amount for such fee schedule area to the floor on the payment amount for such fee schedule area. (B) Determination of floor on payment amount For purposes of subparagraph (A), the floor on the payment amount for a fee schedule area shall be equal to the product of— (i) the national minimum payment for such service specified in subparagraph (C); and (ii) the geographic adjustment factor established under subsection (e)(2) for such fee schedule area for the respective year. (C) National minimum payment amounts For purposes of subparagraph (B), the national minimum payment amounts are the following: (i) For services identified by HCPCS code 77080, $98 (with national minimum payment amounts of $87.11 for the technical component and $10.89 for the professional component). (ii) For services identified by HCPCS code 77086, $35 (with national minimum payment amounts of $27.18 for the technical component and $7.82 for the professional component). (iii) For the bundled code for dual energy absorptiometry and vertebral fracture assessment studies identified as HCPCS code 77085, $133 (with national minimum payment amounts of $114.29 for the technical component and $18.71 for the professional component). . (b) Exemption from budget neutrality Section 1848(c)(2)(B)(iv) of the Social Security Act ( 42 U.S.C. 1395w–4(c)(2)(B)(iv) ) is amended— (1) in subclause (IV), by striking and at the end; (2) in subclause (V), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subclause: (VI) subsection (b)(12) shall not be taken into account in applying clause (ii)(II) for 2022 or a subsequent year. . | https://www.govinfo.gov/content/pkg/BILLS-117s1943is/xml/BILLS-117s1943is.xml |
117-s-1944 | II 117th CONGRESS 1st Session S. 1944 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Reed (for himself and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To improve Vet Centers of the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Vet Center Improvement Act of 2021 . 2. Definitions In this Act: (1) Vet Center The term Vet Center has the meaning given that term in section 1712A(h) of title 38, United States Code. (2) Veterans service organization The term veterans service organization means an organization recognized by the Secretary of Veterans Affairs for the representation of veterans under section 5902 of title 38, United States Code. 3. Productivity expectations for readjustment counselors of Vet Centers (a) Evaluation of productivity expectations Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall evaluate productivity expectations for readjustment counselors of Vet Centers, including by obtaining systematic feedback from counselors on such expectations, including with respect to following: (1) Any potential effects of productivity expectations, whether positive or negative, on client care. (2) Distances readjustment counselors may travel to appointments, especially with respect to serving rural veterans. (3) The possibility that some veterans may not want to use nor benefit from telehealth or group counseling. (4) Availability and access of veteran populations to broadband and telehealth. (5) Any effect of productivity expectations on readjustment counselors, including with respect to recruitment, retention, and welfare. (6) Whether productivity expectations provide incentives or pressure to inaccurately report client visits. (7) Whether directors and readjustment counselors of Vet Centers need additional training or guidance on how productivity expectations are calculated. (8) Such other criteria as the Secretary considers appropriate. (b) Systematic feedback (1) In general The Secretary shall— (A) make every effort to ensure that all readjustment counselors of Vet Centers are given the opportunity to fully provide feedback, positive or negative, on all items under subsection (a); (B) collect and safely store the feedback obtained under subsection (a)— (i) in an electronic database that cannot be altered by any party; (ii) in an anonymized manner, in order to protect the privacy of each respondent; and (iii) in a manner that allows for evaluation by third parties of the feedback, such as audit of the feedback by the Government Accountability Office; and (C) provide the feedback obtained under subsection (a) in an anonymized manner to the working group established under section 5. (2) Government Accountability Office audit Not less frequently than once each year during the five-year period beginning on the date of the enactment of this Act, the Comptroller General of the United States shall audit the feedback obtained from readjustment counselors of Vet Centers under subsection (a). (c) Implementation of changes Not later than 90 days after the date of the completion of the evaluation required by subsection (a), the Secretary shall implement any needed changes to the productivity expectations described in such subsection in order to ensure— (1) quality of care and access to care for veterans; and (2) the welfare of readjustment counselors. (d) Report to Congress Not later than 180 days after the date of the completion of the evaluation required by subsection (a), the Secretary shall submit to Congress a report on— (1) the findings of the evaluation; and (2) any planned or implemented changes described in subsection (c). (e) Plan for reassessment and implementation (1) Plan Not later than one year after the date of the enactment of this Act, the Secretary shall develop and implement a plan for— (A) reassessing productivity expectations for readjustment counselors of Vet Centers, in consultation with such counselors; and (B) implementing any needed changes to such expectations, as the Secretary determines appropriate. (2) Reassessments Under the plan required by paragraph (1), the Secretary shall conduct a reassessment described in such paragraph not less frequently than once each year. 4. Staffing model for Vet Centers (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop and implement a staffing model for Vet Centers that incorporates key practices in the design of such staffing model. (b) Elements In developing the staffing model under subsection (a), the Secretary shall— (1) involve key stakeholders, including readjustment counselors, outreach specialists, and directors of Vet Centers; (2) incorporate key work activities and the frequency and time required to conduct such activities; (3) ensure the data used in the model is high quality to provide assurance that staffing estimates are reliable; and (4) incorporate— (A) risk factors, including case complexity; (B) geography; (C) availability, advisability, and willingness of veterans to use telehealth or group counseling; and (D) such other factors as the Secretary considers appropriate. (c) Plan for assessments and updates Not later than one year after the date of the enactment of this Act, the Secretary shall develop a plan for— (1) assessing and updating the staffing model developed and implemented under subsection (a) not less frequently than once every four years; and (2) implementing any needed changes to such model, as the Secretary determines appropriate. 5. Working group of readjustment counselors, outreach specialists, and directors of Vet Centers (a) In general In conducting the evaluation of productivity expectations under section 3(a) and developing the staffing model for Vet Centers under section 4(a), the Secretary of Veterans Affairs shall establish a working group to assess— (1) the efficacy, impact, and composition of performance metrics for such expectations with respect to— (A) quality of care and access to care for veterans; and (B) the welfare of readjustment counselors and other employees of Vet Centers; and (2) key considerations for the development of such staffing model, including with respect to— (A) quality of care and access to care for veterans and other individuals eligible for care through Vet Centers; and (B) recruitment, retention, and welfare of employees of Vet Centers. (b) Membership The working group established under subsection (a) shall be composed of readjustment counselors, outreach specialists, and directors of Vet Centers. (c) Feedback and recommendations The working group established under subsection (a) shall provide to the Secretary— (1) feedback from readjustment counselors, outreach specialists, and directors of Vet Centers; and (2) recommendations on how to improve— (A) quality of care and access to care for veterans; and (B) the welfare of readjustment counselors and other employees of Vet Centers. 6. Improvements of hiring practices at Vet Centers (a) Standardization of position descriptions (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall standardize descriptions of position responsibilities at Vet Centers. (2) Reporting requirement In each of the first two annual reports submitted under section 7309(e) of title 38, United States Code, after the date of the enactment of this Act, the Secretary shall include a description of the actions taken by the Secretary to carry out paragraph (1). (b) Expansion of reporting requirements on readjustment counseling to include actions to reduce staffing vacancies and time to hire Section 7309(e)(2) of title 38, United States Code, is amended by adding at the end the following new subparagraph: (D) A description of actions taken by the Secretary to reduce— (i) vacancies in counselor positions in the Readjustment Counseling Service; and (ii) the time it takes to hire such counselors. . 7. Report by Government Accountability Office on Vet Center infrastructure and future investments (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on physical infrastructure and future investments with respect to Vet Centers. (b) Elements The report required by subsection (a) shall include the following: (1) An assessment of— (A) the condition of the physical infrastructure of all assets of Vet Centers, whether owned or leased by the Department of Veterans Affairs; and (B) the short-, medium-, and long-term plans of the Department to maintain and upgrade the physical infrastructure of Vet Centers to address the operational needs of Vet Centers as of the date of the submittal of the report and future needs. (2) An assessment of management and strategic planning for the physical infrastructure of Vet Centers, including whether the Department should buy or lease existing or additional locations in areas with stable or growing populations of veterans. (3) An assessment of whether, as of the date of the submittal of the report, Vet Center buildings, mobile Vet Centers, community access points, and similar infrastructure are sufficient to care for veterans or if such infrastructure is negatively affecting care due to limited space for veterans and Vet Center personnel or other factors. (4) An assessment of the areas with the greatest need for investments in— (A) improved physical infrastructure, including upgraded Vet Centers; or (B) additional physical infrastructure for Vet Centers, including new Vet Centers owned or leased by the Department. (5) A description of the authorities and resources that may be required for the Secretary to make such investments. (6) A review of all annual reports submitted under 7309(e) of title 38, United States Code, before the date of the submittal of the report under subsection (a). 8. Pilot program to combat food insecurity among veterans and family members of veterans (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish a pilot program to award grants to eligible entities to support partnerships that address food insecurity among veterans and family members of veterans who receive services through Vet Centers or other facilities of the Department as determined by the Secretary. (b) Eligible entities For purposes of the pilot program, an eligible entity is— (1) a nonprofit organization; (2) a veterans service organization; (3) a public agency; (4) a community-based organization; or (5) an institution of higher education. (c) Application An eligible entity seeking a grant under the pilot program shall submit to the Secretary an application therefor at such time, in such manner, and containing such information as the Secretary may require. (d) Selection The Secretary shall select eligible entities that submit applications under subsection (c) for the award of grants under the pilot program using a competitive process that takes into account the following: (1) Capacity of the applicant entity to serve veterans and family members of veterans. (2) Demonstrated need of the population the applicant entity would serve. (3) Demonstrated need of the applicant entity for assistance from the grant. (4) Such other criteria as the Secretary considers appropriate. (e) Distribution The Secretary shall ensure, to the extent practicable, an equitable geographic distribution of grants awarded under this section. (f) Minimum program requirements Any grant awarded under this section shall be used— (1) to carry out a collaboration between one or more eligible entities and one or more Vet Centers or other facilities of the Department for five years; (2) to increase participation in nutrition counseling programs and provide educational materials and counseling to veterans and family members of veterans to address food insecurity and healthy diets among those individuals; (3) to increase access to and enrollment in Federal assistance programs, including the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ), the low-income home energy assistance program established under the Low-Income Home Energy Assistance Act of 1981 ( 42 U.S.C. 8621 et seq. ), and any other assistance program that the Secretary considers advisable; and (4) to fulfill such other criteria as the Secretary considers appropriate to further the purpose of the grant and serve veterans. (g) Provision of information Each entity that receives a grant under this section shall provide to the Secretary, at least once each year during the duration of the grant term, data on— (1) the number of veterans and family members of veterans screened for, and enrolled in, programs described in paragraphs (2) and (3) of subsection (f); (2) other services provided by the entity to veterans and family members of veterans using funds from the grant; and (3) such other data as the Secretary may require. (h) Report Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the appropriate committees of Congress a report on the status of the implementation of this section. (i) Government Accountability Office report (1) In general Not later than one year after the date on which the pilot program terminates, the Comptroller General of the United States shall submit to Congress a report evaluating the effectiveness of the activities carried out under this section in reducing food insecurity among veterans and family members of veterans. (2) Elements The report required by paragraph (1) shall include the following: (A) A summary of the activities carried out under this section. (B) An assessment of the effectiveness of the grants awarded under this section, including with respect to eligibility screening contacts, application assistance consultations, and changes in food insecurity among the population served by the grant. (C) Best practices regarding the use of partnerships to improve the effectiveness of public benefit programs to address food insecurity among veterans and family members of veterans. (D) An assessment of the feasibility and advisability of extending the term of the pilot program. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out the pilot program established under subsection (a) $50,000,000 for each fiscal year in which the program is carried out, beginning with the fiscal year in which the program is established. (2) Administrative expenses Of the amounts authorized to be appropriated under paragraph (1), not more than 5 percent may be used for administrative expenses of the Department of Veterans Affairs associated with administering grants under this section. (k) Definitions In this section: (1) Appropriate committees of Congress The term appropriate committees of Congress means— (A) the Committee on Veterans’ Affairs and the Committee on Appropriations of the Senate; and (B) the Committee on Veterans’ Affairs and the Committee on Appropriations of the House of Representatives. (2) Facilities of the Department The term facilities of the Department has the meaning given that term in section 1701(3) of title 38, United States Code. (3) Institution of higher education The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (4) Public agency The term public agency means a department, agency, other unit, or instrumentality of Federal, State, Tribal, or local government. (5) State The term State means each State and Territory of the United States, the District of Columbia, and the Commonwealth of Puerto Rico. (6) Veteran The term veteran means an individual who served in the Armed Forces, including an individual who served in a reserve component of the Armed Forces, and who was discharged or released therefrom, regardless of the conditions of such discharge or release. | https://www.govinfo.gov/content/pkg/BILLS-117s1944is/xml/BILLS-117s1944is.xml |
117-s-1945 | II 117th CONGRESS 1st Session S. 1945 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Coons (for himself and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the long-term improvement of Historically Black Colleges and Universities, and for other purposes.
1. Short title This Act may be cited as the Institutional Grants for New Infrastructure, Technology, and Education for HBCU Excellence Act or the IGNITE HBCU Excellence Act . 2. Grants for the long-term improvement of HBCUs (a) In general The Secretary shall award grants to eligible entities, on a competitive basis, to support long-term improvements to the facilities of such entities in accordance with this Act. (b) Application To be considered for a grant under this section, an eligible entity shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including— (1) to the extent possible, the information necessary for the Secretary to make the determinations under subsection (c); (2) a description of the projects that such eligible entity plans to carry out with the grant, and how such projects will advance the long-term goals of the entity; and (3) an explanation of how such projects will reduce risks to the health, welfare, and safety of students, staff, administrators, faculty, researchers, and guests at such eligible entity. (c) Priority In awarding grants under this section, the Secretary— (1) shall give priority to eligible entities that— (A) demonstrate the greatest need to improve campus facilities, as determined by a comparison of factors identified by the Secretary, which may include— (i) consideration of threats posed by the proximity of such facilities to toxic sites; (ii) the vulnerability of such facilities to natural disasters and environmental risks; (iii) the median age of such facilities, including the facilities that such eligible entities will use grant funds to improve; (iv) the extent to which student enrollment exceeds physical and instructional capacity; (v) the condition of major systems in such facilities such as heating, ventilation, air conditioning, electrical, water, and sewer systems; (vi) the condition of roofs, windows, and doors of such facilities; (vii) other critical health and safety conditions; (viii) the number and condition of facilities in significant disrepair; and (ix) the total amount of deferred maintenance of such facilities; (B) demonstrate the most limited capacity to raise funds for the long-term improvement of campus facilities, as determined by an assessment of— (i) the current and historic ability of the eligible entity to raise funds for construction, renovation, modernization, and major repair projects for campus; (ii) whether the eligible entity has been able to issue bonds or receive other funds to support school construction projects; and (iii) the bond rating of the eligible entity; (C) enroll the highest percentages of students who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ), and whose families qualify for other Federal need-based aid; (D) are public institutions facing declining State support or investment; or (E) demonstrate an effort to seek support from public and private entities for projects carried out with a grant awarded under this Act; and (2) may give priority to eligible entities— (A) that lack access to high-speed broadband and will use the grant funds to improve access to high-speed broadband sufficient to support digital learning in accordance with section 3(a)(9); or (B) at which the highest degree that is predominantly awarded to students is an associate’s degree. (d) Geographic distribution The Secretary shall ensure that grants under this section are awarded to eligible entities in a manner that reflects the geographic distribution of such entities in the United States. (e) Technical assistance The Secretary, directly or by grant or contract, may provide technical assistance to eligible entities to prepare the entities to qualify, apply for, and maintain a grant, under this Act. (f) Relationship to HBCU capital financing program (1) In general The Secretary may take into consideration whether an eligible entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ) when— (A) reviewing grant applications under this section; (B) determining priority under subsection (c); and (C) determining the amount awarded for a grant under this Act. (2) Priority With respect to paragraph (1)(B), the Secretary may— (A) determine that an eligible entity should not receive priority under subsection (c) if such entity has received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ); and (B) determine that an eligible entity should receive higher priority under subsection (c) if such entity has not received a loan under a loan agreement made under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ). 3. Grant uses (a) Permitted uses Except as provided in subsection (b), an eligible entity that receives a grant under this Act shall use such grant funds to carry out at least one of the following activities: (1) Construct, modernize, renovate, or retrofit the campus facilities of such entity, which may include— (A) providing for the improvement of existing, or the establishment of new, instructional program spaces, laboratories, or research facilities relating to fields of science, technology, engineering, the arts, mathematics, health, agriculture, education, medicine, law, and other disciplines; (B) constructing or improving roads or other transportation infrastructure on campus, for which the eligible entity is responsible; (C) establishing or improving the use of campus facilities for the purpose of community-based partnerships that provide students and community members with academic, health, career, and social services; and (D) preserving facilities with historic significance, and facilities that house historic or cultural artifacts. (2) Purchase or modernize vehicle fleets owned and operated by such entity that are used primarily for the purpose of facilitating campus accessibility and student academic activities. (3) Carry out major repairs to the facilities or other physical plants of such entity, including deferred maintenance projects. (4) Acquire and install academic and residential furniture, fixtures, and instructional research-related equipment and technology in the campus facilities of such entity. (5) For the purpose of facilitating the construction of new campus facilities funded with a grant under this Act— (A) purchase or otherwise acquire title to land to serve as a permanent site for such facilities; and (B) to the extent that other public or private funds are insufficient— (i) prepare land for the construction of such facilities; and (ii) pay other preconstruction costs relating to the development of such facilities. (6) Install or extend the life and usability of basic systems and components of campus facilities, which may include— (A) high-speed broadband internet infrastructure sufficient to support digital and technology-based learning; (B) high-capacity, middle-mile broadband networks, and campus-wide broadband networks, including 5G and future network generations; (C) fiber, cyber, and telecommunications infrastructure, including small cells; (D) heating, ventilation, and air conditioning (HVAC) or other indoor air quality systems; (E) support for last-mile service for rural campuses when other means of providing this support is unavailable; and (F) other infrastructure to support the success of operations and other digital and technology needs. (7) Strengthen the safety and security of the campus of such entity by improving or utilizing design elements, principles, and technology that— (A) guarantee layers of security throughout the such campus; and (B) uphold the function of such campus as a learning and teaching environment. (8) Reduce current or anticipated overcrowding in the campus facilities. (9) Ensure that the building envelopes of the campus facilities— (A) protect occupants and interiors of such facilities from natural elements; and (B) are structurally sound and secure. (10) Improve energy and water efficiency to lower the costs of energy and water consumption in campus facilities. (11) With respect to campus facilities, reduce or eliminate the presence of— (A) toxins and chemicals, including mercury, radon, polychlorinated biphenyls, lead, and asbestos; (B) mold and mildew; (C) rodents and pests; or (D) biological, radiological, and other waste related to research. (12) Ensure the safety of drinking water at the tap and water used for meal preparation in campus facilities, which may include testing of the potability of water at the tap for the presence of lead and other contaminants. (13) Bring campus facilities into compliance with applicable fire, health, and safety codes and regulations. (14) Make existing campus facilities accessible to individuals with disabilities through compliance with— (A) the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); and (B) section 504 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794 ). (b) Prohibited uses An eligible entity that receives a grant under this Act may not use such grant funds for— (1) payment of routine and predictable maintenance costs, minor repairs, and utility bills; (2) any facility that is— (A) primarily used for athletic contests or exhibitions or other events for which admission is charged to the general public; or (B) primarily used for or associated with sectarian instruction or religious worship; or (3) the purchase or support of any communications equipment or service (as defined in section 9 of the Secure and Trusted Networks Act of 2019 ( 47 U.S.C. 1608 )) that poses a risk to national security. (c) Supplement not supplant An eligible entity shall use a grant received under this Act only to supplement the level of Federal, State, and local public funds that would, in the absence of such grant, be made available for the activities supported by the grant, and not to supplant such funds. (d) Encouraging partnerships The Secretary shall encourage partnerships between eligible entities and public and private entities to— (1) provide additional funding; and (2) assist in carrying out the activities under this Act. 4. Requirements for hazard-resistance and energy and water conservation An eligible entity that receives a grant under this Act shall ensure that any new construction, modernization, or renovation project carried out with such grant funds meets or exceeds the following requirements: (1) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model building code. (2) Requirements for such projects set forth in the most recent published edition of a nationally recognized, consensus-based model energy conservation code. (3) Performance criteria under the WaterSense program, established under section 324B of the Energy Policy and Conservation Act ( 42 U.S.C. 6294b ), applicable to such projects within a nationally recognized, consensus-based model code. 5. Use of small business concerns In carrying out projects funded with a grant under this Act, an eligible entity shall seek to procure contracts from small business concerns owned and controlled by veterans (including service-disabled veterans), qualified HUBZone small business concerns, small business concerns owned and controlled by socially and economically disadvantaged individuals, and small business concerns owned and controlled by women. 6. Reservation for administrative and other activities (a) Reservation An eligible entity that receives a grant under this Act may reserve a total of not more than five percent of the amount of such grant to— (1) develop the facilities master plan required under subsection (b); (2) carry out activities to— (A) protect the health of students, staff, administrators, faculty, researchers, and guests during the construction or modernization of the campus facilities of such entity; and (B) mitigate excessive noise caused by activities carried out under this Act; (3) pay personnel to carry out administrative work relating to the grant program; and (4) pay other reasonable administrative costs associated with the grant program. (b) Facilities master plan (1) In general Not later than 180 days after receiving a grant under this Act, an eligible entity shall submit to the Secretary a comprehensive 10-year facilities master plan. (2) Elements The facilities master plan required under paragraph (1) shall include, with respect to the eligible entity submitting such plan, a description of— (A) the extent to which the campus facilities— (i) meet the educational needs of students; and (ii) support the educational mission and vision of such entity; (B) the physical condition of the campus facilities; (C) the current health, safety, and environmental conditions of the campus facilities, including— (i) indoor air quality; (ii) the presence of hazardous and toxic substances and chemicals on or near such facilities; (iii) the safety of drinking water at the tap and water used for meal preparation, including the level of lead and other contaminants in such water; (iv) energy and water efficiency; (v) excessive noise in academic spaces; and (vi) other health, safety, and environmental conditions that would impact the health, safety, and learning ability of students; (D) the actual and anticipated impact of current and future student enrollment levels (as of the date of application) on the design of current and future campus facilities, as well as the financial implications of such enrollment levels; (E) the dollar amount and percentage of funds such entity will dedicate to capital construction projects, including— (i) any funds in the budget of such entity that will be dedicated to such projects; and (ii) any funds not in such budget that will be dedicated to such projects, including any funds available to the eligibility entity as the result of a bond issue or the Historically Black College and University Capital Financing Program under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ); and (F) the dollar amount and percentage of funds such entity will dedicate to the maintenance and operation of campus facilities, including— (i) any funds in the budget of such entity that will be dedicated to the maintenance and operation of such facilities; and (ii) any funds not in the budget of such entity that will be dedicated to the maintenance and operation of such facilities. (3) Consultation In developing the facilities master plan, the eligible entity demonstrate that it conducted meaningful consultation with diverse stakeholders, which may include— (A) staff and other institutional leaders; (B) custodial and maintenance staff; (C) emergency first responders; (D) campus facilities directors; (E) students and families; (F) community residents, including those directly affected by actions undertaken as a result of utilizing grant funds; (G) government entities; (H) local charitable foundations; (I) local employers; (J) Indian Tribes, as applicable; and (K) other such individuals and entities. 7. HBCU capital financing loan disbursement and forgiveness (a) In general Each time an institution of higher education receives a disbursement of a loan amount under a covered closed loan agreement, the Secretary shall repay— (1) the outstanding balance of principal, interest, fees, and costs on such loan amount (as of the date of such disbursement) under the covered closed loan agreement; and (2) any reimbursement (including reimbursements of escrow and return of fees and deposits) relating to the covered closed loan agreement that are usual and customary when the loan is paid off by the institution. (b) Covered closed loan agreement In this section, the term “covered closed loan agreement” means each of the following: (1) A closed loan agreement— (A) executed before the date of enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); (B) made under part D of title III of the Higher Education Act of 1965 ( 20 U.S.C. 1066 et seq. ); and (C) that provides for loan amounts that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (2) A closed loan agreement— (A) authorized under section 3512 of the CARES Act ( 20 U.S.C. 1001 note); and (B) made for the deferment of balances that have not been disbursed as of the date of enactment of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). 8. Reports (a) Department of Education report (1) In general Not later than 2 years after the date of the enactment of this Act, and annually thereafter, the Secretary shall submit to the appropriate congressional committees a report on the projects carried out with grant funds awarded under this Act. (2) Elements The report required under paragraph (1) shall include— (A) with respect to projects carried out by eligible entities with grant funds awarded under this Act, an assessment of— (i) the types of such projects; (ii) the square footage of the improvements made by such projects, disaggregated by— (I) total square footage; and (II) square footage per each eligible entity; (iii) the total cost of each such project; (iv) the cost described in clause (iii), disaggregated by the cost of— (I) planning; (II) design; (III) construction; (IV) site purchase; and (V) improvements; (v) the geographic distribution of such projects; and (vi) the demographic composition of the student population served by such projects, disaggregated by— (I) race and ethnicity; and (II) the number and percentage of students enrolled at such entities who are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070a et seq. ); (B) an evaluation of a sample of grant recipients, selected by the Secretary taking into account size and geographic location of each grantee, to determine how such recipients are using the grant and the effectiveness of the activities carried out with the grant; and (C) an analysis of compliance with the requirement in section 3(c). (b) Comptroller General study report (1) Study required Not later than 4 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of the grant program under this Act. (2) Elements The study conducted under paragraph (1) shall include— (A) an examination of program implementation challenges; and (B) an assessment of whether any changes are needed to make grants under this Act more accessible to eligible entities with fiscal challenges to help them raise capital for infrastructure projects. (3) Report After the completion of the study under paragraph (1), the Comptroller General shall submit to the appropriate congressional committees a report on the results of the study, including any recommendations to the Secretary for improvements to the implementation of the grant program under this Act. 9. Definitions In this Act: (1) Eligible entity The term eligible entity means— (A) a part B institution, as such term is defined in section 322(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1061(2) ); or (B) a Historically Black Graduate Professional School identified in section 326(e) of such Act ( 20 U.S.C. 1063b(e) ). (2) Secretary The term Secretary means the Secretary of Education. (3) State The term State has the meaning given such term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). 10. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this Act for each of fiscal years 2022 through 2027. | https://www.govinfo.gov/content/pkg/BILLS-117s1945is/xml/BILLS-117s1945is.xml |
117-s-1946 | II 117th CONGRESS 1st Session S. 1946 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Portman (for himself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Disaster Recovery Reform Act of 2018 to require the Administrator of the Federal Emergency Management Agency to waive certain debts owed to the United States related to covered assistance provided to an individual or household, and for other purposes.
1. Short title This Act may be cited as the Preventing Disaster Revictimization Act . 2. Flexibility Section 1216(a) of the Disaster Recovery Reform Act of 2018 ( 42 U.S.C. 5174a(a) ) is amended— (1) by amending paragraph (2)(A) to read as follows: (A) except as provided in subparagraph (B), shall— (i) waive a debt owed to the United States related to covered assistance provided to an individual or household if the covered assistance was distributed based on an error by the Agency and such debt shall be construed as a hardship; and (ii) waive a debt owed to the United States related to covered assistance provided to an individual or household if such assistance is subject to a claim or legal action, including in accordance with section 317 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5160 ); and ; and (2) in paragraph (3)(B)— (A) by striking Removal of and inserting Report on ; and (B) in clause (ii), by striking the authority of the Administrator to waive debt under paragraph (2) shall no longer be effective and inserting the Administrator shall report to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate actions that the Administrator will take to reduce the error rate . 3. Report to Congress The Administrator of the Federal Emergency Management Agency shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing a description of the internal processes used to make decisions regarding the distribution of covered assistance under section 1216 of the Disaster Recovery and Reform Act of 2018 ( 42 U.S.C. 5174a ) and any changes made to such processes. 4. Determination of budgetary effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage. | https://www.govinfo.gov/content/pkg/BILLS-117s1946is/xml/BILLS-117s1946is.xml |
117-s-1947 | II 117th CONGRESS 1st Session S. 1947 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Sullivan (for himself, Mr. Schatz , Mr. King , Ms. Cortez Masto , and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To authorize the position of Assistant Secretary of Commerce for Travel and Tourism, to statutorily establish the United States Travel and Tourism Advisory Board, and for other purposes.
1. Short title This Act may be cited as the Visit America Act . 2. Purposes The purposes of this Act are— (1) to support the travel and tourism industry, which produces economic impacts that are vital our national economy; (2) to address the recent decline in the percentage of international travelers who visit the United States; and (3) to establish national goals for international visitors to the United States, including— (A) recommendations for achieving such goals and timelines for implementing such recommendations; (B) coordination between Federal and State agencies; (C) the resources needed by each Government agency to achieve such goals; and (D) national travel export goals. 3. Sense of Congress It is the sense of Congress that— (1) the national goal for international visitors referred to in section 2(3) should reach 116,000,000 per year by 2028; (2) the national goal for travel exports referred to in section 2(3)(D) should reach $445,000,000,000 by 2028; (3) the travel industry is an essential part of the United States services exports with respect to both business travel and leisure travel; (4) the promotion of travel and visitation by Brand USA is vital to increasing visitation and articulating the visitation laws of the United States; and (5) there is an urgent need for a coordinated travel and tourism industry response and strategy in the event of unforeseen circumstances leading to a decline in travel or tourism. 4. Assistant Secretary for Travel and Tourism Section 2(d) of the Reorganization Plan Numbered 3 of 1979 (93 Stat. 1382; 5 U.S.C. App.) is amended— (1) by striking There shall be in the Department two additional Assistant Secretaries and inserting (1) There shall be in the Department 3 additional Assistant Secretaries, including the Assistant Secretary of Commerce for Travel and Tourism, ; and (2) by adding at the end the following: (2) The Assistant Secretary of Commerce for Travel and Tourism shall— (A) be appointed by the President, subject to the advice and consent of the Senate; and (B) report directly to the Under Secretary for International Trade. . 5. Responsibilities of the Assistant Secretary of Commerce for Travel and Tourism (a) Visitation goals The Assistant Secretary of Commerce for Travel and Tourism (referred to in this section as the Assistant Secretary ), appointed pursuant to section 2(d) of the Reorganization Plan Numbered 3 of 1979, as amended by section 4, shall— (1) establish an annual goal for— (A) the number of international visitors to the United States; and (B) travel exports; (2) develop recommendations for achieving the visitation goals established pursuant to paragraph (1); (3) ensure coordination between— (A) the Department of Commerce, the Department of Homeland Security, the Department of State, the Department of Transportation, the Department of Labor for policy development and recommendations for utilizing: (i) the National Travel and Tourism Office; (ii) Brand USA; (iii) the United States Travel and Tourism Advisory Board; (iv) the Task Force on Travel and Tourism established by Executive Order 13597 of January 19, 2012; and (v) travel industry partners, including public and private destination marketing organizations and travel and tourism suppliers; (4) establish short, medium, and long-term timelines for implementing the recommendations developed pursuant to paragraph (2); and (5) conduct Federal agency needs assessments to identify the resources, statutory or regulatory changes, and private sector engagement needed to achieve the annual visitation goals. (b) Visa adjudication The Assistant Secretary, in consultation with the Secretary of State and the Secretary of Homeland Security, shall— (1) provide support for improving visitor visa processing with respect to— (A) the maximum time for processing visas, by visitation type; (B) regulatory and policy changes needed to meet the visa processing goals referred to in subparagraph (A), including changes regarding technology, processing centers, and training; and (C) streamlining visa applications and adjudications, including application design and data collection procedures; and (2) explore opportunities to establish pilot programs to integrate technology into the visitor visa adjudication process, including video conferencing and biometrics. (c) Domestic travel The Assistant Secretary shall— (1) conduct a study to better understand domestic policy options for supporting competitiveness with respect to the strengths, weaknesses, and growth of the domestic travel industry; (2) develop recommendations and goals to support domestic tourism, separated by business and leisure; and (3) engage public and private stakeholders to support domestic tourism. (d) Workforce The Assistant Secretary— (1) in coordination with the Secretary of Labor, shall provide timely and reliable workforce data regarding workforce and labor market needs; (2) shall work to improve tourism industry data collection by the Bureau of Economic Analysis; and (3) shall provide recommendations for policy enhancements and streamlining. (e) Travel export promotion The Assistant Secretary, in coordination with the Director General of the United States and Foreign Commercial Service, shall work to promote and facilitate travel exports abroad and ensure competitiveness by— (1) participating in and organizing meetings, incentives, conferences, and exhibitions; (2) emphasizing rural and other destinations rich in cultural heritage or ecological tourism, among other uniquely American destinations; and (3) promoting sports and recreation events and activities. (f) Travel security The Assistant Secretary shall investigate and provide recommendations regarding utilizing and expanding existing security programs to better meet the needs of the United States travel and tourism industry, including— (1) the Visa Waiver Program authorized under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 ); (2) preclearance operations; (3) the Trusted Traveler Program; (4) the biometric entry-exit control system required under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1221 note); and (5) the establishment of a system to provide increased resilience to travel during pandemics. (g) Recovery strategy (1) Initial recovery strategy Not later than 60 days after the date of the enactment of this Act, the Assistant Secretary, in consultation with the United States Travel and Tourism Advisory Board and travel industry partners, shall develop and implement a COVID–19 pandemic recovery strategy to assist in the United States travel and tourism industry to quickly recover from the travel restrictions necessitated by the pandemic. (2) Future recovery strategies After assisting in the implementation of the strategy developed pursuant to paragraph (1), the Assistant Secretary, in consultation with the entities referred to in such paragraph, shall develop additional recovery strategies for the travel and tourism industry in anticipation of other unforeseen catastrophic events that would significantly affect the travel and tourism industry, such as hurricanes, floods, tsunamis, tornadoes, or pandemics. (h) Reporting requirements (1) Assistant secretary The Assistant Secretary shall produce an annual forecasting report on the travel and tourism industry, which shall include current and anticipated— (A) domestic employment needs; (B) international inbound volume and spending, taking into account the lasting effects of the COVID–19 pandemic and the impact of the recovery strategy implemented pursuant to subsection (g)(1); and (C) domestic volume and spending, including Federal and State public land travel and tourism data. (2) Bureau of economic analysis The Director of the Bureau of Economic Analysis should update the Travel and Tourism Satellite Accounts quarterly, including— (A) State level travel and tourism export data; (B) travel and tourism workforce data for full-time and part-time employment; and (C) Federal and State public lands visitation and spending data. (3) National travel and tourism office The Director of the National Travel and Tourism Office shall— (A) report international arrival and spending data on a regular monthly schedule; and (B) shall include questions in the Survey of International Air Travelers regarding wait-times, visits to public lands, and State data, to the extent applicable. 6. Travel and tourism strategy (a) In general The Secretary of Commerce, in consultation with the United States Travel and Tourism Advisory Board, shall develop and submit to Congress a 10-year travel and tourism strategy, which shall include— (1) the establishment of goals with respect to the number of annual international visitors to the United States and the annual amount of travel exports during such 10-year period; (2) the resources needed to achieve the goals established pursuant to paragraph (1); and (3) recommendations for statutory or regulatory changes that would be necessary to achieve such goals. (b) Interagency coordination The Secretary of Commerce shall coordinate an interagency strategy with the Secretary of State and the Secretary of Homeland Security for— (1) identify impediments to reaching the goals referred to in subsection (a)(1); and (2) recommends solutions for overcoming such impediments. 7. United States Travel and Tourism Advisory Board Section 3 of the Act entitled An Act to encourage travel in the United States, and for other purposes ( 15 U.S.C. 1546 ) is amended— (1) by amending the section heading to read as follows: United States Travel and Tourism Advisory Board; Advisory Committee for Promotion of Tourist Travel ; and (2) by striking The Secretary of Commerce is authorized and inserting the following: (a) United States Travel and Tourism Advisory Board (1) In general There is established the United States Travel and Tourism Advisory Board (referred to in this subsection as the Board ), which shall be composed of not more than 32 members, who shall be appointed by the Secretary of Commerce for 2-year terms from among companies and organizations in the travel and tourism industry. (2) Executive director The Assistant Secretary for Travel and Tourism shall serve as the Executive Director of the Board. (3) Executive secretariat The National Travel and Tourism Office of the International Trade Administration shall serve as the Executive Secretariat for the Board. (4) Functions The Board shall comply with its Charter, including— (A) serving as the advisory body to the Secretary of Commerce on matters relating to the travel and tourism industry in the United States; (B) advising the Secretary of Commerce on government policies and programs that affect the United States travel and tourism industry; (C) offering counsel on current and emerging issues; (D) providing a forum for discussing and proposing solutions to problems related to the travel and tourism industry; and (E) examining the domestic travel and tourism industry as an economic engine. (5) Recovery strategy The Board shall assist the Assistant Secretary in the development and implementation of the COVID–19 pandemic recovery strategy required under section 5(g)(1) of the Visit America Act . (b) Advisory Committee for Promotion of Tourist Travel The Secretary of Commerce is authorized . | https://www.govinfo.gov/content/pkg/BILLS-117s1947is/xml/BILLS-117s1947is.xml |
117-s-1948 | II 117th CONGRESS 1st Session S. 1948 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mrs. Shaheen introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Omnibus Crime Control and Safe Streets Act of 1968 to establish the Adverse Childhood Experiences Response Team grant program, and for other purposes.
1. Adverse childhood experiences response team grant program (a) In general Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ) is amended by adding at the end the following: PP Adverse childhood experiences response team grant program 3061. Grants for adverse childhood experiences response teams (a) Grants authorized From amounts made available to carry out this section, the Attorney General, in coordination with the Secretary of Health and Human Services, shall make grants to States, units of local government, Indian Tribes, and neighborhood or community-based organizations to address adverse childhood experiences associated with exposure to trauma. (b) Use of funds Amounts received under a grant under this section may be used to establish an adverse childhood experiences response team, including by— (1) establishing protocols to follow when encountering a child or youth exposed to trauma to facilitate access to services; (2) developing referral partnership agreements with behavioral health providers, substance treatment facilities, and recovery services for family members of children exposed to trauma; (3) integrating law enforcement, mental health, and crisis services to respond to situations where children have been exposed to trauma; (4) implementing comprehensive programs and practices to support children exposed to trauma; (5) identifying barriers for children to access trauma-informed care in their communities; (6) providing training in trauma-informed care to emergency response providers, victim service providers, child protective service professionals, educational institutions, and other community partners; (7) supporting cross-system planning and collaboration among officers and employees who work in law enforcement, court systems, child welfare services, correctional reentry programs, emergency medical services, health care services, public health, and substance abuse treatment and recovery support; and (8) providing technical assistance to communities, organizations, and public agencies on how to prevent and mitigate the impact of exposure to trauma and violence. (c) Application A State, unit of local government, Indian Tribe, or neighborhood or community-based organization desiring a grant under this section shall submit to the Attorney General an application in such form, and containing such information, as the Attorney General may reasonably require. . (b) Authorization of appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10261(a) ) is amended by adding at the end the following: (29) There are authorized to be appropriated to carry out part PP $10,000,000 for each of fiscal years 2022 through 2025. . | https://www.govinfo.gov/content/pkg/BILLS-117s1948is/xml/BILLS-117s1948is.xml |
117-s-1949 | II 117th CONGRESS 1st Session S. 1949 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Portman (for himself and Mr. Kelly ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To direct the Secretary of Homeland Security to establish a plan to respond to irregular migration at the border, to establish an irregular migration border response fund, and for other purposes.
1. Short title This Act may be cited as the Border Response Resilience Act . 2. Irregular migration border response plan and fund (a) In general Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. ) is amended by adding at the end the following: 437. Irregular migration border response plan and fund (a) Response plan (1) In general The Secretary, in coordination with the heads of appropriate Federal agencies, shall develop a plan to respond to irregular migration at the border that present risks to border security (referred to in this section as the Response Plan ). (2) Elements The Response Plan shall include the following: (A) The identification of— (i) each agency, component, and office participating in the Response Plan; and (ii) the role, chain of command, and responsibilities, including minimum acceptable response times, of each such entity identified pursuant to clause (i). (B) A strategy— (i) to enhance security and reinforce infrastructure of the Department along the border; (ii) to maximize the use of Border Patrol Processing Coordinators to assist with processing individuals in the custody of the Department at the border; and (iii) to conduct streamlined screening and processing procedures of individuals in the custody of the Department at the border without diminishing security measures or normally conducted checks during such procedures. (C) A process— (i) to identify needed personnel and detail such personnel to the border; (ii) to request interagency assistance for the border; (iii) to quickly expand temporary processing and holding capacity to respond to an irregular migration event at the border; and (iv) to track and keep the Secretary informed of the metrics identified under subsection (c). (D) Policies and procedures to ensure timely communication and coordination between relevant agencies relating to— (i) the capacity of Department border facilities; and (ii) transferring individuals at the border in the custody of the Department within the Department or to other agencies. (E) A process to initiate and conduct an after-action review of the efforts of the Department in response to an irregular migration event at the border. (F) A strategy to ensure that an individual at the border in the custody of the Department is not released into the United States during a public health emergency if the individual has a communicable disease directly relating to the public health emergency. (G) A strategy, for the purpose of public safety, to inform and coordinate with other Federal agencies, nongovernmental organizations, and relevant transportation companies with respect to any release at the border of an individual from the custody of the Department. (H) A regularly updated intelligence-driven analysis that includes— (i) trends at the border with respect to demographics and group size that could contribute to overcrowding of U.S. Customs and Border Protection facilities; (ii) migrant perceptions of United States law and policy at the border, including human smuggling organization messaging and propaganda; (iii) tactics, techniques, and procedures used by human smuggling organizations to exploit border security vulnerabilities to facilitate such smuggling activities across the border; (iv) the methods and use of technology to organize and encourage irregular migration and undermine border security; and (v) any other information the Secretary determines appropriate. (b) Department coordination (1) Partnerships (A) In general The Secretary shall direct the participants in the Response Plan to enter into necessary and appropriate memoranda of understanding or other appropriate agreements, to be periodically updated, to carry out the requirements of this section. (B) Rule of construction Nothing in this section may be construed to require participants in the Response Plan to share the information or status of any individual. (2) Ongoing intelligence analysis The Secretary shall identify and implement the appropriate process to coordinate information sharing between the Office of Intelligence and Analysis, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, and any other appropriate agency in preparation for or during an irregular migration event at the border to assess the estimated number of individuals traveling to the United States border outside of standard trade and travel routes. (3) Communication The Secretary shall identify the most appropriate communication structure to ensure immediate and continued success of the Response Plan. (c) Response Plan activation (1) Threshold identification, activation, and deactivation The Secretary shall— (A) identify metric thresholds required to activate the Response Plan; (B) activate the Response Plan when one or more such thresholds are exceeded; and (C) deactivate the Response Plan when one or more thresholds are no longer met. (2) Elements The metric thresholds to be considered by the Secretary pursuant to paragraph (1) shall include the following: (A) The average amount of time an individual at the border is in the custody of U.S. Customs and Border Protection, disaggregated by whether such individual is a single adult, a member of a family unit, or an unaccompanied alien child. (B) The total percentage of individuals at the border in the custody of the Department with respect to capacity, disaggregated by— (i) field office or sector; and (ii) whether such an individual in the custody of the Department is a single adult, a member of a family unit, or an unaccompanied alien child. (C) The total percentage of individuals in the custody of a partner agency with respect to capacity, disaggregated by each facility holding such individuals. (D) The estimated number of individuals traveling to the United States border outside of standard trade and travel routes as determined by intelligence and other sources. (E) The estimated number of individuals at the southern border of the United States who are seeking food, shelter, or medical care due to a natural disaster or other humanitarian crisis in their home countries. (F) Any other such threshold the Secretary considers appropriate. (3) Notifications to Congress (A) In general Not later than 90 days after the date of the enactment of this section, the Secretary shall— (i) publish in the Federal Register the final of metric thresholds required under paragraph (1)(A); and (ii) notify the appropriate committees of Congress of such publication. (B) Updates Not later than 14 days after the Secretary updates such metric thresholds, the Secretary shall notify the appropriate committees of Congress of such update. (d) After-Action review (1) In general The Secretary shall— (A) develop a process, including policies and procedures, for initiating and conducting an after-action review of the efforts of the Department in response to an irregular migration event at the border that poses a risk to border security; and (B) conduct such a review at the conclusion of any irregular migration event for which the Response Plan has been activated. (2) Elements Each such review shall include the following: (A) An assessment of any changes necessary, including adjustments in the allocation of resources and modifications to authority, law, or policy— (i) to improve the ability of the Department to respond to future irregular migration events at the border; and (ii) to mitigate the risks to border security posed by irregular migration events. (B) Recommendations on reforms necessary to enable the Department to better coordinate with other Federal agencies and nongovernmental organizations on cases of individuals requesting asylum in the United States. (3) Report (A) In general Not later than 90 days after the completion of each after-action review, the Secretary shall submit to the appropriate committees of Congress a report on the results of the review. (B) Form A report required under subparagraph (A) shall be submitted in unclassified form but may contain a classified annex. (e) Updating response plan The Secretary shall— (1) periodically update the Response Plan and the appropriate metric thresholds to activate the Response Plan; and (2) consider the most recent action-after review required under subsection (d) for such an update. (f) Briefing to Congress If the Secretary activates the Response Plan pursuant to subsection (c)(1)(B), not later than 14 days after such activation, the Secretary shall— (1) brief the appropriate committees of Congress with respect to such activation; and (2) include with such briefing an assessment with respect to whether there is a need to obligate and expend amounts available from the Irregular Migration Border Response Fund, established pursuant to subsection (g). (g) Irregular Migration Border Response Fund (1) Establishment There is established in the Treasury of the United States a fund to be known as the Irregular Migration Border Response Fund (referred to in this section as the Fund ), consisting of amounts appropriated pursuant to paragraph (5). (2) Investment of amounts (A) In general The Secretary of the Treasury shall invest such portion of the Fund as is not required to meet current withdrawals in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. (B) Interest and proceeds The interest on, and the proceeds from the sale or redemption of, any obligations held in the Fund shall be credited to and form a part of the Fund. (3) Use of funds (A) In general The Secretary may only obligate and expend amounts available in the Fund— (i) if the Secretary activates the Response Plan pursuant to subsection (c)(1)(B); and (ii) for the purposes described in subparagraph (B). (B) Purposes The purposes described in this subparagraph are the following: (i) Replenishing the depletion of consumables, personal protective equipment, medical supplies and equipment, transportation equipment, and personnel overtime funds. (ii) Expanding temporary Department processing capacity. (iii) Improving and ensuring— (I) age-appropriate and family-appropriate shelter capacity; and (II) the safety of, and transportation and telecommunications services for, individuals at the border in the custody of the Department or partner agencies. (iv) Coordinating with and providing funding for nongovernmental organizations. (v) Ensuring timely communication and transportation between the agencies of the Department, or with partner agencies, with respect to the transfer of individuals at the border in the custody of the Department. (vi) Requesting interagency assistance and detailing Department personnel in order to respond to an irregular migration event. (vii) Providing appropriate and accessible health care, including mental health care, for all individuals at the border in the custody of the Department. (viii) Providing appropriate trauma-informed care for unaccompanied alien children (as defined in section 462(g)) at the border in the custody of the Department. (4) Remaining amounts (A) In general Amounts in the Fund shall remain available until expended. (B) Exception Amounts remaining in the Fund at the end of fiscal year 2025 shall be returned to the general fund of the Treasury. (5) Authorization of appropriations There are authorized to be appropriated to the Irregular Migration Border Response Fund— (A) $1,000,000,000 for fiscal year 2022; and (B) such sums as are necessary to maintain a balance of $1,000,000,000 for each of fiscal years 2022 through 2025. (h) 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) Border The term border means the international land borders of the United States. (3) Irregular migration The term irregular migration means the arrival of 1 or more individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. (4) Irregular migration event The term irregular migration event means a significant increase in, or a sustained large number of, Department encounters with individuals at the border who are traveling to the United States outside of standard trade and travel routes for the purpose of attempting to enter the United States illegally. (5) Public health emergency The term public health emergency means a public health emergency declared by the Secretary of Health and Human Services pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ). . (b) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following: Sec. 437. Irregular migration border response plan and fund. . | https://www.govinfo.gov/content/pkg/BILLS-117s1949is/xml/BILLS-117s1949is.xml |
117-s-1950 | II 117th CONGRESS 1st Session S. 1950 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Lankford (for himself, Mr. Cornyn , and Mr. Scott of South Carolina ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To impose strict conditions on the lifting of sanctions imposed with respect to the Islamic Republic of Iran.
1. Short title This Act may be cited as the Iran Sanctions Preservation Act . 2. Findings Congress makes the following findings: (1) The Islamic Republic of Iran is the world’s leading state sponsor of terrorism and has been designated as a state sponsor of terrorism by the United States since 1984. (2) Iran’s support for terrorism, development of nuclear weapons and ballistic missiles, and gross violations of human rights are a threat to the security interests of the United States and the rules-based international order. (3) Iran has given ballistic missiles, conventional weapons, and technical support to Hamas, the Palestinian Islamic Jihad, the Taliban, Ansar Allah (commonly referred to as the Houthis ) in Yemen, Shia militias in Iraq, the Assad regime in Syria, and Hezbollah in Lebanon, which those proxies have used to implement terrorist attacks throughout the world that have killed citizens of the United States and its allies. (4) Iran continues to hold United States citizens hostage, including Bob Levinson, Baquer and Siamak Namazi, Morad Tahbaz, and Emad Shargi, while also serving as a safe harbor for senior leaders of al Qaeda such as Abd al-Rahman al-Maghribi. (5) The Joint Comprehensive Plan of Action (commonly referred to as the JCPOA ), which was finalized by President Barack Obama and the respective governments of the United Kingdom, Germany, France, the People’s Republic of China, and the Russian Federation (commonly referred to as the P5+1 ) on July 14, 2015, permitted Iran to continue uranium enrichment at 3.67 percent levels and possess more 6,000 IR–1 centrifuges, thereby failing to eliminate Iran’s pathway to a nuclear weapon. (6) The JCPOA contained sunset provisions that allow Iran to increase its number of IR–1 centrifuges and resume operation of IR–2 centrifuges after 10 years, and exceed the 3.67 percent uranium enrichment threshold after 15 years. (7) The verification and compliance mechanisms of the JCPOA were insufficient to ensure and enforce compliance, allowing the International Atomic Energy Agency only limited access to select facilities and establishing a protracted process to request access to sites suspected of hosting activity inconsistent with Iran’s obligations under the JCPOA. (8) Iran repeatedly violated numerous provisions of the JCPOA by maintaining more advanced centrifuges than was permitted, exceeding the limits on heavy water stocks, and refusing to grant international inspectors access to nuclear research and military facilities, among other violations. (9) A central strategic flaw of the JCPOA was its exclusive focus on Iran’s nuclear program apart from its support for terrorism, which was bolstered by the more than $100,000,000,000 in sanctions relief it received under the deal. (10) The JCPOA contained no provisions addressing Iran’s development of ballistic and cruise missiles capable of carrying nuclear weapons. (11) The JCPOA failed to address the human rights record of the Iranian regime, including the regime’s suppression of free speech, a free press, peaceful assembly, and the free exercise of religion. (12) Iran is one of the world’s worst human rights violators, having received a 16 out of 100 Global Freedom Score and a 15 out of 100 Internet Freedom Score from Freedom House, and has been designated as a country of particular concern for religious freedom under section 402(b)(1)(A)(ii) of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6442(b)(1)(A)(ii) ) for its suppression of religious freedom since 1999. (13) On May 8, 2018, President Donald Trump announced that the United States would withdraw from the JCPOA and resumed the application of sanctions against Iranian actors, thereby depriving the regime of revenue to support terrorism. (14) On May 21, 2018, Secretary of State Mike Pompeo announced that the Trump administration would apply unprecedented financial pressure on the Iranian regime and laid out 12 steps that Iran must take to receive sanctions relief and reestablish normal relations with the United States, including— (A) providing the International Atomic Energy Agency a full account of the prior military dimensions of its nuclear program and permanently and verifiably abandoning such work in perpetuity; (B) stopping enrichment of plutonium reprocessing and committing to refrain from resuming such work; (C) permitting the International Atomic Energy Agency to access all sites throughout the entire country; (D) ending its proliferation of ballistic missiles and ceasing further development of such systems; (E) releasing all United States citizens, as well as citizens of United States partners and allies, who are currently detained; (F) discontinuing its support for terrorist groups in the Middle East, including Hezbollah, Hamas, and the Palestinian Islamic Jihad; (G) respecting the sovereignty of Iraq by ending its support for Shia militias; (H) ending its military support for the Ansar Allah in Yemen; (I) withdrawing all forces under Iranian command from the entirety of Syria; (J) ending support for the Taliban in Afghanistan and for senior al Qaeda leaders around the region; (K) ending the Iranian Revolutionary Guard Corp’s support for terrorist groups and proxies worldwide; and (L) ceasing its threatening behavior against its neighbors, many of which are allies of the United States. (15) The financial sector of Iran, including the Central Bank of Iran, is designated as a primary money laundering concern under section 5318A of title 31, United States Code, because of the threat to government and financial institutions resulting from the illicit activities of the Government of Iran, including its pursuit of nuclear weapons, support for international terrorism, and efforts to deceive responsible financial institutions and evade sanctions. (16) On April 22, 2019, President Trump announced that the United States would no longer issue exemptions under section 1245(d)(4)(D) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d)(4)(D) ), inhibiting the ability of countries to purchase Iranian petroleum products or conduct transactions with the Central Bank of Iran as a result of the exposure to sanctions. (17) Following the decision to discontinue issuance of those exemptions, Iran’s average daily sales of crude oil declined from an estimated 2,400,000 barrels per day in May 2018 to an estimated 1,300,000 in 2020. (18) The decline in revenue and decrease in exports have reportedly forced the Iranian energy sector to cut the number of newly drilled oil wells from 300 in 2018 to 11 in 2020. (19) Iran has reportedly stockpiled 60,000,000 barrels of crude oil and is preparing to return to production levels of nearly 4,000,000 barrels a day should sanctions relief be provided. (20) On December 31, 2019, Iranian President Hassan Rouhani admitted that Iran had lost $200,000,000,000 in revenue because of United States sanctions. (21) Iran’s 2019 defense budget cut defense spending by 28 percent, including a 17 percent cut to the Iranian Islamic Revolutionary Guard Corps, a designated foreign terrorist organization. (22) Following United States withdrawal from the JCPOA, the value of Iran’s currency reached historical lows, with the rial losing around 70 percent of its value. (23) According to the International Monetary Fund, Iran’s accessible foreign exchange reserves decreased by more 96 percent to $4,000,000,000 in 2020 from $123,000,000,000 in 2018, depleting the revenue stream for the Islamic Revolutionary Guard Corps, Hezbollah, and Iranian-backed militias. (24) During the maximum pressure campaign, the United States was able to secure the release of 2 hostages in Iran, Xiyue Wang and Michael White, without lifting sanctions or transferring cash to Iran. (25) President Joe Biden has reportedly offered to lift sanctions, including sanctions on the Central Bank of Iran, if the Government of Iran agrees to return to the JCPOA. 3. Sense of Congress It is the sense of Congress that the United States should not offer preemptive sanctions relief that benefits Iran’s oil industry, financial services sector, or supporters of terrorism unless and until the Senate provides advice and consent under section 2 of article II of the Constitution of the United States to a treaty addressing Iran’s destabilizing activities. 4. Prohibition on sanctions relief for petroleum purchases from Iran Section 1245(d) of the National Defense Authorization Act for Fiscal Year 2012 ( 22 U.S.C. 8513a(d) ) is amended by striking paragraphs (4) and (5) and inserting the following: (4) No authority to waive On and after the date of the enactment of the Iran Sanctions Preservation Act , the President may not issue any waiver of sanctions with respect to or license to authorize the purchase of petroleum or petroleum products from Iran. . 5. Conditions on sanctions relief for supporters of Iran’s malign activities (a) In general An Iranian person may not be removed from the SDN list unless the President submits to the appropriate congressional committees a certification that the individual has not provided financial, material, or technical support or contributions to— (1) a terrorist organization or in support of terrorism; or (2) the development of nuclear weapons or their means of delivery (including missiles capable of delivering such weapons) by the Government of Iran. (b) Form of certification A certification under subsection (a) shall be submitted in unclassified form but may include a classified annex. 6. Conditions on sanctions relief for Iranian financial institutions (a) Central Bank of Iran The Central Bank of Iran may not be removed from the SDN list until the termination date described in section 8. (b) Iranian financial institutions An Iranian financial institution may not be removed from the SDN list unless the President submits to the appropriate congressional committees a certification that the Iranian financial institution has not facilitated a transaction or provided material support to— (1) the Islamic Revolutionary Guard Corps; (2) any foreign terrorist organization; or (3) any Iranian person the property or interests in property of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ). (c) Jurisdictions of primary money laundering concern The designation of Iran as a jurisdiction of primary money laundering concern pursuant to section 5318A of title 31, United States Code, may not be revoked unless the President submits to the appropriate congressional committees a certification that Iran is no longer engaged in— (1) any illicit financial activities, including support for terrorism; (2) nuclear proliferation activities; or (3) ballistic missile acquisition or development. (d) Form of certification A certification under subsection (b) or (c) shall be submitted in unclassified form but may include a classified annex. 7. Support for the Iranian people It shall be the policy of the United States— (1) to support the rights of the people of Iran to exercise the freedom of speech, assembly, religion, and the press; (2) to condemn Iran’s destabilizing activities, including the suppression of protests and demonstrations in Iran; (3) to promote a free and open internet in Iran by supporting internet freedom programs and investing in firewall circumvention technologies; (4) to defend the rights of women in Iran; and (5) to hold leaders in Iran accountable for their contributions to human rights crises throughout the world, including in Iraq, Syria, Lebanon, Yemen, Gaza, and Venezuela. 8. Termination The provisions of and amendments made by this Act shall terminate on the date on which the Senate provides advice and consent under section 2 of article II of the Constitution of the United States to a treaty with Iran that addresses Iran’s nuclear proliferation, development of ballistic missiles, and support for terrorism. 9. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (2) Foreign terrorist organization The term foreign terrorist organization means an organization designated by the Secretary of State as a foreign terrorist organization under section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ). (3) Iranian financial institution The term Iranian financial institution has the meaning given that term in section 104A(d) of the Comprehensive Iran Sanctions, Accountability, and Divestment Act of 2010 ( 22 U.S.C. 8513b(d) ). (4) Iranian person The term Iranian person has the meaning given that term in section 1242 of the Iran Freedom and Counter-Proliferation Act of 2012 ( 22 U.S.C. 8801 ). (5) SDN list The term SDN list means the list of specially designated nationals and blocked persons maintained by the Office of Foreign Assets Control of the Department of the Treasury. | https://www.govinfo.gov/content/pkg/BILLS-117s1950is/xml/BILLS-117s1950is.xml |
117-s-1951 | II 117th CONGRESS 1st Session S. 1951 IN THE SENATE OF THE UNITED STATES May 27, 2021 Ms. Murkowski (for herself and Mr. Sullivan ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To make additional Federal public land available for selection under the Alaska Native Vietnam era veterans land allotment program, and for other purposes
1. Short title This Act may be cited as the Alaska Native Vietnam Veteran Land Allotment Fulfillment Act of 2021 . 2. Making additional land available for selection under the Alaska Native Vietnam era veterans land allotment program All Federal land identified as suitable for allotment selection in the report under subsection (c)(1) of section 1119 of the John D. Dingell, Jr. Conservation, Management, and Recreation Act ( 43 U.S.C. 1629g–1 ), and published by the United States Fish and Wildlife Service in the report entitled Identification of National Wildlife Refuge System Lands in Alaska That Should Be Made Available for Allotment Selection by Eligible Alaska Native Vietnam Era Veterans (November 2020), shall be made immediately available for selection in accordance with that section. | https://www.govinfo.gov/content/pkg/BILLS-117s1951is/xml/BILLS-117s1951is.xml |
117-s-1952 | II 117th CONGRESS 1st Session S. 1952 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Schatz (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for a National Disaster Safety Board.
1. Short title This Act may be cited as the Disaster Learning and Life Saving Act of 2021 . 2. Establishment and purpose (a) Organization There is established in the executive branch a National Disaster Safety Board, which shall be an independent establishment, as defined in section 104 of title 5, United States Code. (b) Purpose The purposes of the Board are— (1) to reduce loss of life, injury, and economic injury caused by future incidents by learning from natural hazards, including the impacts and underlying factors of such incidents, in a standardized way; (2) to maintain a focus that is future-looking and national in scope, by applying what the Board learns through the trends that emerge from the incidents the Board reviews nationally to prevent loss of life, or human or economic injury, not only in the affected jurisdiction, but nationally, as the Board determines relevant; (3) in carrying out reviews, analyses, and recommendations, not to be accusatory in nature and the Board shall not seek to find blame in any individual or organization, or second-guess any relevant authorities; (4) to address systemic causes behind the loss of life and human or economic injury in incidents, including by recommending the augmentation of resources available to entities responsible for managing incident consequences; and (5) while preventing economic injury as part of the mission of the Board, when relevant, to prioritize efforts that focus on lifesaving and injury prevention, especially in disproportionately impacted communities, as its work determines them to be. 3. General authority (a) Authority To review (1) In general Subject to subsection (b), the Board shall review and establish the facts, circumstances, and cause or probable cause of the loss of life, human injury, and economic injury due to a natural hazard with 10 or more fatalities or that meets the requirements described in paragraph (5) or (6) of subsection (b) that occurs after the date of enactment of this Act. (2) Due to a natural hazard incident defined For purposes of paragraph (1), the term due to a natural hazard means a fatality that, if not for the natural hazard incident, as the case may be, would not have occurred within the time frame of the incident, as defined by standards developed by the Board. (b) Determination of whether incident warrants Board review In carrying out subsection (a), the Board— (1) may begin the review of an incident, including by monitoring the natural hazard and collecting facts, before the total number of fatalities is known if the Board determines that the natural hazard incident has the potential to cause 10 or more fatalities at its onset, in accordance with the policies and procedures established by the Board; (2) may, by a two-thirds vote, decide that an incident that caused 10 or more fatalities does not require a review and shall issue a public statement explaining the determination; (3) may, by a majority vote, decide to review any natural hazard incident that occurs after the date of enactment of this Act upon request from a representative of an affected State, Tribal government, or unit of local government, regardless of the number of fatalities; (4) may, by a majority vote, decide to review any natural hazard incident that occurs after the date of enactment of this Act upon recommendation by the Office for the Protection of Disproportionately Impacted Communities of the Board, which the Office may make because of the incident’s impacts on populations that are socially, medically, or economically vulnerable, as decided by the Office; (5) may, by a majority vote, decide to review a natural hazard incident that occurs after the date of enactment of this Act if— (A) the Board determines that information may be gained by the review that will be useful in reducing systemic causes behind the loss of life and human or economic injury; and (B) the incident— (i) did not result in 10 or more fatalities; and (ii) (I) could have resulted in a large number of fatalities if not for swift intervention or a shift in the course of events; or (II) resulted in, as determined by the Board— (aa) a significant amount of economic or infrastructure damage; (bb) significant human displacement; or (cc) a significant number of severe non-fatal injuries or cases of severe illness; and (6) shall, by majority vote, determine whether each incident for which the President issues a major disaster declaration under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ) meets the criteria for review under paragraph (5). (c) Nature of review (1) In general In carrying out a review under this Act, the Board shall— (A) conduct the review to determine the facts, conditions, and circumstances relating to the loss of life, human injury, and economic injury due to an incident; (B) following an initial assessment of an incident by the Board, notify any individual or organization that the Board anticipates will be affected by the review as to the extent of the expected review response of the Board; (C) use the results of the review under subparagraph (A) to— (i) determine how and why people die and are injured during an incident; and (ii) issue recommendations to prevent or mitigate the loss of life, human injury, or economic injury due to similar incidents; and (D) report on the facts and circumstances of the incident review, including the pre-incident resilience or vulnerabilities of the incident area or population. (2) Generalized nature of reviews A review of loss of life and injury conducted by the Board shall— (A) be generalized; (B) focus on trends across an incident; and (C) not aim to determine the exact individual cause of death or injury of any affected people. (3) Fact-finding proceeding Any review of an incident by the Board under this Act shall be a fact-finding proceeding with no adverse parties. (4) Limitation of applicability of other Acts (A) Administrative Procedure Act Any review proceedings of the Board under this Act shall not be— (i) subject to the Administrative Procedure Act ( 5 U.S.C. 551 et seq.); or (ii) conducted for the purpose of determining the rights, liabilities, or blame of any person, as the review is not an adjudicatory proceeding. (B) Paperwork Reduction Act Chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to the review proceedings of the Board under this Act. (C) Federal Advisory Committee Act The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Board. (5) Initiating reviews The Board shall initiate a review of an incident by monitoring the situation and assessing available facts to determine the appropriate review response, without interfering in any ongoing lifesaving and life sustaining efforts underway by other entities. (6) Alignment and coordination In carrying out this Act, the Board shall coordinate with Federal, State, local, and Tribal entities to— (A) establish or adopt standard methods of measuring the impacts of natural hazards and accessing response capacity and capabilities to maintain consistency and allow for the analysis of trends over time; (B) ensure that the standard data sets and formats necessary for reviews developed under subparagraph (A) are propagated among Federal, State, local, and Tribal entities that may be involved in response operations; (C) leverage, to the extent practicable, data collected using standard data sets and formats established under subparagraph (B) by Federal entities involved in response operations to avoid any duplication of data collection; and (D) during incident response operations, coordinate with partners active in the operation to collect data remotely or take other actions that the Board finds necessary to align and coordinate the requirements of the review with ongoing operations, including through the requirements of paragraph (7). (7) Incident command The Board shall— (A) recognize the role of incident command systems to address incidents; (B) observe the incident command system to identify and coordinate review needs related to the preservation and collection of information and evidence; and (C) shall collect information and evidence from the incident command in a timely and reasonable manner so as not to interfere with the operations of the incident command. (8) Parties to the review (A) Participants Subject to subparagraph (B), the Board may invite 1 or more entities to serve as a party in a review on a voluntary basis, and any party participant shall be required to follow all directions and instructions from the Board. (B) Eligible entity In designating an entity to serve as a party under subparagraph (A), the Board may designate only a Federal, State, or local government agency or private organization whose employees, functions, activities, or products were involved in the incident, including responsible parties, and that can provide suitable qualified technical personnel to actively assist in the review. (C) Representatives of eligible entities To the extent practicable, a representative proposed by an entity designated as a party under subparagraph (A) to participate in the review may not be an individual who had direct involvement in the incident under review. (D) Revocation of party status A designation as a party under subparagraph (A) may be revoked or suspended by the Board if the party fails to comply with assigned duties and instructions, withholds information, or otherwise acts in a manner prejudicial or disruptive to a review. (E) Rule of construction Nothing in this paragraph shall be construed to establish a right for any entity to participate in a Board review as a party. (F) Internal review by a party To assure coordination of concurrent efforts, a party to a review that conducts or authorizes an internal review of the processes and procedures of the party as a result of an incident that the Board is reviewing shall— (i) inform the Board of the nature of the review; and (ii) provide to the Board findings from the review. (9) Review procedures In addition to any procedures required under this Act, the Board shall determine and publish detailed review procedures as the Board determines necessary. (10) Products The Board may use any medium that will effectively convey the findings and recommendations of the Board to the targeted audience of such findings or recommendations. (d) Review by affected authorities (1) In general When the Board has completed the findings and recommendations or other products as a result of a review under this Act, the Board shall provide all affected States, Tribal Governments, and units of local government, or their designees, an opportunity to review and comment not later than 30 days before the publication of the findings or recommendations. (2) Requirement The Board shall make every reasonable effort, within its discretion, to respond to requests for additional information and context that an affected jurisdiction may make and to edit their findings and recommendations with any useful additional information or context provided by any affected jurisdiction in its comments without affecting the integrity or independence of the review and its findings and recommendations, as the Board shall determine. (e) Disproportionately impacted communities (1) In general In carrying out a review of an incident under this section, including in determining whether to launch a review, the Board shall ensure the potential development of findings that would benefit the prevention of loss of life and human or economic injury to populations that are socially, medically, or economically vulnerable, as decided by the Board. (2) Data requirement To forward the analysis and identification of trends of fatalities and injuries as a result of incidents, the Board shall publish information regarding the number of fatalities and injuries, and the facts and circumstances surrounding them, disaggregated by race, color or ethnicity, religion, nationality, sex, age, disability, English proficiency, occupation, or economic status, and other demographic characteristics that the Board may determine appropriate. (f) Coordination with other reviews and investigations (1) In general Subject to the requirements of this section, a review of a natural hazard incident by the Board under subsection (a)(1) shall have priority over any investigation by another department, agency, or instrumentality of the Federal Government or a State, Tribal, or local government. (2) Participation by other agencies The Board shall provide for appropriate participation by other departments, agencies, or instrumentalities in a review conducted by the Board, except that another department, agency, or instrumentality may not influence the final findings of the Board. (3) Coordination The Board shall coordinate with all other Federal, State, Tribal, or local legally mandated investigations or reviews and may share information with those entities, according to policies and procedures that the Board will provide, to ensure that appropriate findings and recommendations to reduce loss of life, injury, and economic injury caused by future incidents are produced as efficiently as possible. (4) Memoranda of understanding Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Chairman of the Board shall enter into memoranda of understanding with the Director of the National Institute of Standards and Technology, the Administrator of the Federal Emergency Management Agency, the Chairman of the Chemical Safety Board, and the Chairman of the National Transportation Safety Board, respectively, and may enter into additional memoranda of understanding with any other Federal entity that requests such due to the relationship that the requirements of the Federal entity may have with the requirements with the Board, in order to— (A) determine the appropriate roles and responsibilities of the Board with respect to the other agency or board; (B) avoid any duplication of effort; and (C) ensure that appropriate findings and recommendations to reduce loss of life, injury, and economic injury caused by future incidents are provided. (g) Participation in support of another agency (1) In general (A) Investigation of acts of violence The Board may participate in an investigation of an act of violence in support of another Federal department or agency, or other Federal investigative body with statutory authority to lead such an investigation, if the head of the lead investigative agency determines that the participation of the Board would be beneficial to reduce the likelihood of the loss of life and human or economic injury, for future similar incidents. (B) Investigation of technological incidents (i) In general The Board may participate in an investigation of a technological incident— (I) in support of another Federal department or agency, or other Federal investigative body with statutory authority to lead such an investigation, if the head of the lead investigative agency determines that the participation of the Board would be beneficial to reduce the likelihood of the loss of life and human or economic injury, for future similar incidents; or (II) in the case of no statutory authority for another Federal department or agency, or other Federal investigative body, to lead such an investigation, as the lead investigative entity. (ii) Memoranda of understanding Not later than 1 year after the date of enactment of this Act, and biennially thereafter, the Chairman of the Board shall enter into memoranda of understanding with the heads of appropriate Federal agencies in order to— (I) determine the appropriate roles and responsibilities of the Board in investigating technological incidents with respect to the other agency; (II) avoid any duplication of effort; and (III) ensure that appropriate findings and recommendations to reduce loss of life, injury, and economic injury caused by future incidents are provided. (2) Findings If the Board participates in an act of violence or technological incident investigation under subparagraph (A), the Board may issue independent findings and recommendations notwithstanding the outcome of any investigation conducted by another Federal agency or other Federal investigative body. (3) Criminal circumstances If the Attorney General, in consultation with the Chairperson, determines and notifies the Board that circumstances reasonably indicate that the act of violence or technological incident described in subparagraph (A) may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the responsible Federal law enforcement entity. (4) Rule of construction This section shall not be construed to affect the authority of another department, agency, or instrumentality of the Federal Government to investigate an incident under applicable law or to obtain information directly from the parties involved in, and witnesses to, the incident. The Board and other departments, agencies, and instrumentalities shall ensure that appropriate information developed about the incident is exchanged in a timely manner. (h) Technical assistance The Board may make the following types of technical assistance available to Federal, State, Tribal, and local government agencies and to private entities as designated by a Federal, State, Tribal, or local government agency: (1) Independent review The Board shall disseminate best practices to develop disaster investigation and review capacity within State, Tribal, and local governments. (2) Implementation of recommendations The Board— (A) may provide technical assistance to any entity identified as responsible for implementing a recommendation under section 4(a)(1) to assist the entity in implementing the recommendation; and (B) to the extent possible, shall provide the technical assistance described in subparagraph (A) in coordination with technical assistance offered by another Federal department or agency. (3) Prioritization In offering technical assistance under this subsection, the Board shall use a risk-based method of prioritization, as the Board determines appropriate. (i) Findings (1) In general Except as provided in paragraph (2), not later than 1 year after the date on which the Board initiates a review conducted under this section, the Board shall make the findings and relevant underlying data of the review available to the public. (2) Extension of deadline The Chairperson of the Board may extend the 1-year period described in paragraph (1) if the Chairperson, before the end of such 1-year period— (A) provides an explanation for the extension; and (B) makes available to the public all available interim findings and underlying data. 4. Recommendations and responses (a) In general If the Board issues a recommendation about an incident, the Board shall— (1) explain the relationship between any recommendation and the results of a fact-finding review; (2) identify each relevant entity responsible for making the change called for in the recommendation, including State, local, or private entities, as appropriate; (3) publish any responses to the recommendation publicly; and (4) assess whether the responses adequately lower the likelihood that a future similar incident will result in loss of life, or human or economic injury in the view of the Board. (b) Federal responses to recommendations (1) In general All Federal departments and agencies identified in a recommendation made by the Board shall reply to the recommendations not later than 90 days after the date on which the recommendation is published by the Board. (2) Response described A response under paragraph (1) made by a Federal department or agency shall include— (A) whether the department or agency intends to adopt the recommendation in whole, in part, or not at all; (B) an explanation of the reasons for only adopting the recommendation in part or not at all; and (C) a proposed timetable for completing the action the Federal department or agency has agreed to. (3) Progress updates A Federal department or agency that agrees to adopt a recommendation of the Board shall— (A) track the progress of the department or agency toward completion; and (B) provide an update to the Board, to be published publicly, periodically, and not less frequently than annually. (c) Public availability (1) In general Not later than 1 year after the date on which a final determination is made on a recommendation under this section, the Board shall make a copy of the recommendation and response to the recommendation available to the public. (2) Extension of deadline The Chairperson of the Board may extend the 1-year period described in paragraph (1) if the Chairperson, before the end of such 1-year period— (A) provides an explanation for the extension; and (B) makes available to the public any available interim response to the recommendation and underlying data. (d) Dissemination The Board shall propagate each recommendation issued under this section, including by— (1) incorporating the recommendation, and any related findings, into training material used by Federal, State, Tribal, and private training facilities specializing in building resilience to and responding to and recovering from natural hazards, as the Board deems appropriate; (2) coordinating with professional associations related to building resilience to and responding to and recovering from natural hazards; (3) collaborating with relevant Federal, State, and Tribal authorities and private organizations; and (4) coordinating with private and public institutions of higher education and research institutions. 5. Reports and studies (a) Studies and other reports (1) In general The Board shall annually submit a report containing the information described in paragraph (2) to— (A) Congress; (B) any department, agency, or instrumentality of the Federal Government concerned with natural hazards; (C) all State and Tribal governments; and (D) the general public. (2) Information described The information described in this paragraph is— (A) the results of special studies on how to reduce morbidity and mortality from incidents; (B) an examination of techniques and methods of evaluating measures to protect the public from incidents and periodically publish recommended procedures for reviews; (C) evaluation and examination of the effectiveness of the findings of the Board about the natural hazard resilience of other departments, agencies, and instrumentalities of the Federal Government and their effectiveness in preventing loss of life, or human or economic injury; and (D) recommend meaningful responses to reduce the likelihood of loss of life, or human or economic injury, according to the findings of the above-mentioned research, including national and regional policies and programs. (b) Biennial report Not later than June 1, 2023, and once every 2 years thereafter, the Board shall submit a report to Congress, which shall include— (1) a statistical and analytical summary of the reviews conducted and reviewed by the Board during the prior 2 calendar years; (2) a survey and summary of the recommendations made by the Board and the observed response to each recommendation, including the classification, containing a written justification and explanation of each recommendation as— (A) open, if, in the determination of the Board, sufficient action to fulfill the intent of the recommendation has not been taken and still should be; (B) closed, if, in the determination of the Board, sufficient action to fulfill the intent of the recommendation has been taken and no further action is necessary; and (C) outdated, if, in the determination of the Board, the recommendation is no longer relevant because of any change in circumstances or actions by parties other than the intended recipient of the recommendation; (3) an assessment of efforts of Federal, State, Tribal, and local governments to respond to recommendations made by the Board, if such entities have voluntarily provided information to the Board on the progress of the entity; (4) a description of the training undertaken by the Board and its staff and persons sponsored by the Board; (5) a list of natural hazards that caused 10 or more fatalities that the Board did not review and a recommendation with justification by the Board of whether similar incidents should be reviewed in the future; (6) a recommendation on how, if at all, the thresholds and triggers for a review by the Board should change; (7) an assessment of the sufficiency of Federal resources provided to State, Tribal, and local governments in aggregate relative to any vulnerabilities that the Board determines the governments have; (8) a list of all requests for review from Governors of States and territories and chief executives of Tribal governments or recommended by the office established under section 6(f)(2) that the Board rejected, including comments and recommendations from the Board regarding whether similar incidents should be reviewed in the future; and (9) a list of ongoing reviews that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such review. (c) Dissemination The Board shall propagate the information described in subsection (a)(2), including by— (1) incorporating the information into training material used by Federal, State, Tribal, and private training facilities specializing in building resilience to and responding to and recovering from natural hazards, as the Board deems appropriate; (2) coordinating with professional associations related to building resilience to and responding to and recovering from natural hazards; (3) collaborating with relevant Federal, State, and Tribal authorities and private organizations; and (4) coordinating with private and public institutions of higher education and research institutions. 6. Appointment and organization (a) Appointment of members (1) In general The Board shall be composed of 7 members, who shall, in accordance with paragraph (2) and subject to paragraph (3), be appointed by the President, by and with the advice and consent of the Senate. (2) Procedure (A) Initial appointments The President shall, in consultation with the National Academies of Sciences, Engineering, and Medicine and relevant professional associations and leaders in the private sector, appoint the 7 members of the Board from among a list of 14 individuals provided by both houses of Congress, of which— (i) the majority leader of the Senate shall provide the names of 4 individuals; (ii) the minority leader of the Senate shall provide the names of 3 individuals; (iii) the Speaker of the House of Representatives shall provide the names of 4 individuals; and (iv) the minority leader of the House of Representatives shall provide the names of 3 individuals. (B) Subsequent appointments Any vacancy of the Board shall be filled in the same manner as the original appointment. (3) Requirements Of the 7 members appointed under paragraph (1)— (A) not more than 4 members may be appointed from the same political party; (B) all members shall be appointed on the basis of technical qualification, professional standing, and demonstrated knowledge in emergency management, fire management, emergency medical services, public-health, physical sciences, social science, behavioral science, or architectural and engineering with post-disaster evaluation or building forensics expertise in their respective field; (C) a minimum of 2 members shall have experience working at the State or municipal level in 1 of the fields described in subparagraph (B); and (D) a minimum of 2 members shall have demonstrated professional experience working with populations that have historically been more vulnerable to incidents because of their race, color, nationality, sex, age, disability, English proficiency, or economic status. (b) Terms of office and removal (1) Term of office Except as provided in paragraph (2), the term of office of each member shall be 5 years. (2) Filling of vacancy An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed is appointed for the remainder of that term. (3) Continuation until successor is appointed When the term of office of a member ends, the member may continue to serve until a successor is appointed and confirmed. (4) Removal The President may remove a member only for inefficiency, neglect of duty, or malfeasance in office. Immediately upon removing a member of the Board, the President shall issue a public statement that details how the actions of the removed member met the criteria of this paragraph. (c) Chairperson and vice chairperson (1) Chairperson The President shall designate, by and with the advice and consent of the Senate, a member appointed under subsection (b) to serve as the Chairperson of the Board. (2) Vice chairperson The President shall designate a member appointed under subsection (b) to serve as the Vice Chairperson of the Board and if the Chairperson is absent or unable to serve, or if the position of Chairperson is vacant, the Vice Chairperson shall act as the Chairperson. (3) Term of office The Chairperson and Vice Chairperson shall each serve in such position for a term of 3 years. (d) Duties and powers of Chairperson (1) In general The Chairperson shall be the chief executive and administrative officer of the Board. (2) Powers Subject to the general policies and decisions of the Board, the Chairperson shall— (A) appoint and supervise officers and employees, other than regular and full-time employees in the immediate offices of another member, necessary to carry out this Act; (B) fix the pay of officers and employees necessary to carry out this Act; (C) distribute business among the officers, employees, and administrative units of the Board; and (D) supervise the expenditures of the Board. (e) Quorum (1) In general Subject to paragraphs (2) and (3), 4 members of the Board shall constitute a quorum for purposes of carrying out the duties and powers of the Board, subject to the limitations in the remainder of this subsection. (2) Party limitation Not less than 1 representative from each party shall be present for a quorum to be established. (3) Chairperson Either the Chairperson or Vice Chairperson shall be present for a quorum to be established. (f) Offices (1) In general The Board shall establish such offices as are necessary to carry out this Act, which may include offices responsible for— (A) operations; (B) science and methodology; (C) review and evaluation; (D) communications; (E) external coordination; or (F) technical assistance. (2) Office for the protection of disproportionately impacted communities (A) In general The Board shall establish an office to review and make recommendations to mitigate and prevent the loss of life, or human or economic injury for vulnerable populations, including populations that may be more vulnerable because of their race, color, religion, nationality, sex, age, disability, English proficiency, or economic status, or other demographic characteristics that the Board may determine appropriate. (B) Responsibilities The office established under paragraph (1) shall— (i) provide recommendations to the Board for incidents to review in accordance with section 3(b)(4) that do not otherwise meet the requirements of section 3(b); (ii) determine and maintain a list specific demographic, economic, social, and health characteristics of populations that historically have shown to be disproportionately impacted by incidents; (iii) during a review conducted by the Board, provide research and analysis on how the incident impacts populations that the Office determines to be disproportionately impacted; (iv) provide recommendations for each review conducted by the Board and for each report developed under section 5 on actions that can be taken to reduce the impact to populations that are found to be disproportionately impacted under clause (ii); and (v) provide training, and establish training requirements, for Board members and staff in the fields of diversity, inclusion, and equity in consultation with organizations specializing in those fields. (3) Regional offices In establishing offices under this subsection, the Board may establish regional offices across the United States to facilitate collaboration, coordination, and the dissemination of findings, recommendations, and best practices to State, Tribal, and local governments and the private sector in such regions as the Board determines appropriate. (4) Purpose Each office established under this subsection shall enable the Board to review, report on, and issue recommendations to prevent the loss of life, human injury, and economic injury and deliver technical assistance to disseminate best practices in accordance with this Act. (g) Chief financial officer The Chairperson shall designate an officer or employee of the Board to serve as the Chief Financial Officer, who shall— (1) report directly to the Chairperson on financial management and budget execution; (2) direct, manage, and provide policy guidance and oversight on financial management and property and inventory control; and (3) review the fees, rents, and other charges imposed by the Board for services and things of value it provides and suggest appropriate revisions to those charges to reflect costs incurred by the Board in providing those services and things of value. (h) Board member staff (1) In general Each member of the Board shall appoint and supervise regular and full-time employees in the immediate office of the member as long as any such employee has been approved for employment by the designated agency ethics official under the same guidelines that apply to all employees of the Board. (2) Designation With respect to an individual appointed under paragraph (1)— (A) the member of the Board making the appointment shall determine which grade of the General Schedule most closely corresponds with respect to the duties and functions of the position to which the individual is appointed; and (B) during the period of the appointment— (i) the individual shall be compensated at the appropriate rate of pay for the grade of the General Schedule with respect to which the determination is made under subparagraph (A); and (ii) for the purposes of title 5, United States Code, and the rules issued under that title, the individual shall be considered to be an employee, as that term is defined in section 5331(a) of title 5, United States Code. (3) Limitation Except for the Chairperson, the appointment authority in paragraph (1) shall be limited to the number of full-time equivalent positions, in addition to 1 senior professional staff position at a level not to exceed the GS–15 level of the General Schedule and 1 administrative staff position, allocated to each member of the Board through the annual budget and allocation process of the Board. (i) Detailed staff (1) Federal employees (A) In general Upon request of the Board, the head of an agency described in subparagraph (B), or any other Federal department or agency that the Board may request, may detail, on a reimbursable basis, any of the personnel of that department or agency to the Board to assist the Board in carrying out the duties of the Board under this Act. (B) Relevant agencies For purposes of subparagraph (A), the following are agencies described in this subparagraph: (i) The Federal Emergency Management Agency. (ii) The Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security. (iii) The National Oceanic and Atmospheric Administration, including the National Weather Service. (iv) The Department of Defense, including the Army Corps of Engineers. (v) The Department of Health and Human Services. (vi) The National Institutes of Health. (vii) The Centers for Disease Control and Prevention. (viii) The Coast Guard. (ix) The National Transportation Safety Board. (x) The National Institute of Standards and Technology. (xi) The Government Accountability Office. (xii) The Department of the Interior, including the United States Geological Survey. (xiii) Any Office of the Inspector General. (xiv) The Small Business Administration. (xv) The Chemical Safety and Hazard Investigation Board. (xvi) The Department of Housing and Urban Development. (xvii) The Department of Agriculture. (2) State, local, Tribal, and research staff (A) In general The Board may enter into agreements with State, local, and Tribal governments and relevant nonprofit institutions of higher education and research institutions to request staff, with specialized experience that the Board determines relevant, to be detailed to the Board, on a reimbursable basis, and shall consult with relevant associations and organizations of those entities in developing an efficient process for requesting and receiving detailed staff. (B) Compensation The Board shall ensure that any staff members detailed to the Board under this paragraph are compensated equitably and shall pay differences in salaries based on the experience of said staff and in consultation with the Office of Personnel Management. (3) Term of detail Any staff member detailed to the Board under this section shall be detailed for a term of 1 year and such detail may be extended for not more than 2 1-year terms. (4) Limitations Under this subsection— (A) not more than 25 percent of the total number of staff members working for the Board at any time may be detailees or otherwise nonpermanent staff; (B) a detailee shall serve as an adviser or supplemental professional staff in any office established by the Board under subsection (g); and (C) a detailee may not— (i) determine any final findings or recommendations; and (ii) be the sole decisionmaker in review or evaluation methodologies. (j) Seal The Board shall have a seal that shall be judicially recognized. (k) Open meetings (1) In general Except as provided in paragraph (2), the Board shall be considered an agency for purposes of section 552b of title 5, United States Code. (2) Nonpublic collaborative discussions (A) In general Notwithstanding section 552b of title 5, United States Code, a majority of the members may hold a meeting that is not open to public observation to discuss official agency business, if— (i) no formal or informal vote or other official agency action is taken at the meeting; (ii) each individual present at the meeting is a member or an employee of the Board; (iii) at least 1 member of the Board from each political party is present at the meeting, if applicable; (iv) the General Counsel of the Board is present at the meeting; and (v) the records of the meeting, including the names of the individuals in attendance, time, place, and summary to be as thorough as the Board determines to be prudent, are posted publicly and online. (B) Disclosure of nonpublic collaborative discussions Except as provided under subparagraphs (C) and (D), not later than 2 business days after the conclusion of a meeting under subparagraph (A), the Board shall make available to the public, in a place easily accessible to the public— (i) a list of the individuals present at the meeting; and (ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5, United States Code. (C) Summary If the Board properly determines a matter may be withheld from the public under section 552b(c) of title 5, United States Code, the Board shall provide a summary with as much general information as possible on each matter withheld from the public. (D) Active reviews If a discussion under subparagraph (A) directly relates to an active review, the Board shall make the disclosure under subparagraph (B) on the date the Board adopts the final report. (E) Preservation of open meetings requirements for agency action Nothing in this paragraph may be construed to limit the applicability of section 552b of title 5, United States Code, with respect to a meeting of the members other than that described in this paragraph. (F) Statutory construction Nothing in this paragraph may be construed— (i) to limit the applicability of section 552b of title 5, United States Code, with respect to any information which is proposed to be withheld from the public under subparagraph (B)(ii); or (ii) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code. 7. Methodology (a) In general The Board shall conduct each review, issue each recommendation, develop each report, and deliver all technical assistance authorized under this Act using the methods that are in accordance with relevant professional best practices, including those by analogous review organizations, academia, and government and private organizations. (b) Required review The Board shall— (1) review, on a regular basis, the methodologies of the Board; and (2) update the methodologies of the Board in accordance with the findings of each review conducted under paragraph (1). (c) Requirement In establishing the methodologies of the Board under this section, the Board shall incorporate all relevant information from relevant Federal, State, and local entities, including past experience with similar incidents, exercises, risk assessments, and all other past research and analysis. (d) Transparency The Chairperson shall include with each review report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation. (e) Elements Except as provided in subsection (f), the methodology section under subsection (a) shall include, for each recommendation— (1) a brief summary of the Board’s collection and analysis of the specific information most relevant to the recommendation; (2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific review, if any were used to inform or support the recommendation, including a brief summary of the specific resilience benefits and other effects identified by each study, report, or expert; and (3) a brief summary of actions, including important examples, taken by regulated entities before the publication of the recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation. (f) Savings clause (1) In general Nothing in this section may be construed— (A) to delay publication of the findings, cause, or probable cause of a Board review; (B) to delay the issuance of an urgent recommendation that the Board has determined must be issued to avoid immediate death, or human or economic injury; or (C) to limit the number of examples the Board may consider before issuing a recommendation. (2) Limitation Notwithstanding paragraph (1), the Board shall publish the methodology required under this section not later than 30 days after the date on which the review is initially published. 8. Administrative (a) Authority (1) In general The Board, and when authorized by the Board, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairperson, may conduct hearings to carry out this Act, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence. (2) Subpoena authority A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States. (3) Requirement A subpoena shall be issued under the signature of the Chairperson or the Chairperson's designee, but may be served by any person designated by the Chairperson. (4) Enforcement If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court. (b) Additional powers The Board may— (1) procure the temporary or intermittent services of experts or consultants under section 3109 of title 5, United States Code; (2) make agreements and other transactions necessary to carry out this Act without regard to subsections (b), (c), and (d) of section 6101 of title 41, United States Code; (3) use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis; (4) confer with employees and use services, records, and facilities of State and local governmental authorities; (5) appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate; (6) accept voluntary and uncompensated services notwithstanding another law; (7) make contracts with private entities to carry out studies related to duties and powers of the Board; and (8) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Federal Government, State, Tribal, and local governments, and governments of foreign countries for the provision of facilities, technical services, or training in research theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board. (c) Collection of funds The Board shall deposit in the Treasury of the United States amounts received under subsection (b)(8) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under subsection (b)(8). (d) Submission of certain copies to Congress (1) In general When the Board submits to the President or the Director of the Office of Management and Budget a budget estimate, budget request, supplemental budget estimate, other budget information, a legislative recommendation, prepared testimony for congressional hearings, or comments on legislation, the Board must submit a copy to Congress at the same time. (2) Limitation An officer, department, agency, or instrumentality of the Government may not require the Board to submit the estimate, request, information, recommendation, testimony, or comments to another officer, department, agency, or instrumentality of the Government for approval, comment, or review before being submitted to Congress. (3) Budget process The Board shall develop and approve a process for the Board's review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection. (e) Liaison committees The Chairperson may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumentalities of the Federal Government, State and local governmental authorities, and independent standard-setting authorities that carry out programs and activities related to its work. The Board may designate representatives to serve on or assist those committees. (f) Inquiries The Board, or an officer or employee of the Board designated by the Chairperson, may conduct an inquiry to obtain information related to natural hazard safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Federal Government, a State, Tribal, or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection. (g) Regulations The Board may prescribe regulations to carry out this Act. (h) Overtime pay (1) In general Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, United States Code, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS–10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed in the field (including travel to or from) and other work that is critical to a review in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. (2) Limitation on overtime pay to an employee An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 25 percent of the annual rate of basic pay of the employee for such calendar year. (3) Basic pay defined In this subsection, the term basic pay includes any applicable locality-based comparability payment under section 5304 of title 5, United States Code (or similar provision of law), and any special rate of pay under section 5305 of such title 5 (or similar provision of law). (4) Annual report Not later than January 31, 2022, and annually thereafter, the Board shall transmit to Congress a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 25 percent limit established by paragraph (2). (i) Entry and inspection (1) In general An officer or employee of the Board— (A) on display of appropriate credentials and written notice of authority, may— (i) enter an area where an incident has occurred; (ii) take such actions as are necessary to conduct a review under this section, so long as the actions do not interfere with ongoing lifesaving and life-sustaining operations; and (iii) during reasonable hours, inspect any record, including an electronic record, process, control, or facility related to an incident under this Act. (2) Requirement The Board shall use utmost discretion to prevent interference with ongoing response efforts, including by developing review procedures with input from relevant authorities nationwide. 9. Disclosure, availability, and use of information (a) Disclosure of information (1) In general Except as provided in subsections (b), (c), (d), and (f) of this section, a copy of a record, information, or review submitted or received by the National Disaster Safety Board, or a member or employee of the Board, shall be posted publicly. (2) Rule of construction Nothing in this subsection shall be construed to require the release of information described in section 552(b) of title 5, United States Code, or protected from disclosure by another law of the United States. (b) Trade secrets (1) In general The Board may disclose information related to a trade secret referred to in section 1905 of title 18, United States Code, only— (A) to another department, agency, or instrumentality of the United States Government when requested for official use; (B) to a committee of Congress having jurisdiction over the subject matter to which the information is related, when requested by that committee; (C) in a judicial proceeding under a court order that preserves the confidentiality of the information without impairing the proceeding; and (D) to the public to protect health and safety after giving notice to any interested person to whom the information is related and an opportunity for that person to comment in writing, or orally in closed session, on the proposed disclosure, if the delay resulting from notice and opportunity for comment would not be detrimental to health and safety. (2) Requirement Information disclosed under paragraph (1) of this subsection may be disclosed only in a way designed to preserve its confidentiality. (3) Protection of voluntary submission of information Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose voluntarily provided safety-related information if that information is not related to the exercise of the Board's review authority under this Act and if the Board finds that the disclosure of the information would inhibit the voluntary provision of that type of information. (c) Recordings and transcripts (1) Confidentiality of recordings Except as provided in paragraph (2), the Board may not disclose publicly any part of an original recording or transcript of oral communications or original and contemporary written communications between Federal, State, Tribal, or local officials responding to an incident under review by the Board. (2) Exception Subject to subsections (b) and (g), the Board shall make public any part of a transcript, any written depiction of visual information obtained from an audio or video recording, or any still image obtained from a recording the Board decides is relevant to the incident— (A) if the Board holds a public hearing on the incident at the time of the hearing; or (B) if the Board does not hold a public hearing, at the time a majority of the other factual reports on the incident are placed in the public docket. (3) References to information in making safety recommendations This subsection does not prevent the Board from referring at any time to recorded or written information in making safety recommendations. (d) Foreign reviews (1) In general Notwithstanding any other provision of law, neither the Board, nor any agency receiving information from the Board, shall disclose records or information relating to its participation in foreign incident review, except that— (A) the Board shall release records pertaining to such a review when the country conducting the review issues its final report or 2 years following the date of the incident, whichever occurs first; and (B) the Board may disclose records and information when authorized to do so by the country conducting the review. (2) Safety recommendations Nothing in this subsection shall restrict the Board at any time from referring to foreign review information in making safety recommendations. (e) Privacy protections Before making public any still image obtained from a video recorder under subsection (c)(2) or subsection (d)(2), the Board shall take such action as appropriate to protect from public disclosure any information that readily identifies an individual, including a decedent. 10. Training (a) Use of training facilities The Board may use, on a reimbursable basis, the services of any training facility in the Federal Government, including those operated by the Department of Homeland Security, Department of Health and Human Services, and Department of Commerce. The responsible department or agency shall make such training facility and any relevant training course available to— (1) the Board for safety training of employees of the Board in carrying out their duties and powers; and (2) other relevant personnel of the United States Government, State and local governments, governments of foreign countries, interstate authorities, and private organizations the Board designates in consultation with the relevant departments and agencies. (b) Fees Training shall be provided at a reasonable fee established periodically by the Board in consultation with the relevant departments and agencies. The fee shall be paid directly to the relevant departments and agencies, and shall be deposited in the Treasury. (c) Training of board employees and others The Board may conduct training of its employees in those subjects necessary for proper performance. The Board may also authorize attendance at courses given under this subsection by other government personnel, personnel of foreign governments, and personnel from industry or otherwise who have a requirement for training. The Board may require non-Board personnel to reimburse some or all of the training costs, and amounts so reimbursed shall be credited to the appropriation of the Board as offsetting collections. 11. Authorization of appropriations (a) In general There are authorized to be appropriated, to remain available until expended, for the purposes of this Act— (1) $25,000,000 for fiscal year 2022; (2) $40,000,000 for fiscal year 2023; (3) $50,000,000 for fiscal year 2024; and (4) $60,000,000 for fiscal year 2025. (b) Emergency fund (1) In general There shall be established in the Treasury of the United States an Emergency Fund for the Board, which shall be available to the Board for necessary expenses of the Board, not otherwise provided for, for reviews. (2) Appropriations There shall be appropriated, out of amounts in the Treasury not otherwise appropriated, to the Emergency Fund— (A) $2,000,000 for fiscal year 2022; (B) such sums as are necessary to maintain the Emergency Fund at a level not to exceed $4,000,000 for each fiscal year thereafter; and (C) such other sums as Congress determines necessary. (c) Fees, refunds, and reimbursements (1) In general The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board. (2) Receipts credited as offsetting collections Notwithstanding section 3302 of title 31, United States Code, any fee, refund, or reimbursement collected under this subsection— (A) shall be credited as offsetting collections to the account that finances the activities and services for which the fee is imposed or with which the refund or reimbursement is associated; (B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and (C) shall remain available until expended. (3) Refunds The Board may refund any fee paid by mistake or any amount paid in excess of that required. 12. Authority of the Inspector General (a) In general The Inspector General of the Department of Homeland Security, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the Board, including internal accounting and administrative control systems, to determine compliance with applicable Federal laws, rules, and regulations. (b) Duties In carrying out this section, the Inspector General shall— (1) keep the Chairperson of the Board and Congress fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board; (2) issue findings and recommendations for actions to address such problems; and (3) report periodically to Congress on any progress made in implementing actions to address such problems. (c) Access to information In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.). (d) Authorization of appropriations (1) Funding There are authorized to be appropriated to the Secretary of Homeland Security for use by the Inspector General of the Department of Homeland Security such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section. (2) Reimbursable agreement In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursable agreement to cover such expense. 13. Evaluation and audit of National Disaster Safety Board (a) In general As determined necessary by the Comptroller General of the United States or the appropriate congressional committees, but not less frequently than once every 2 years, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the Board in order to promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the Board. (b) Responsibility of Comptroller General In carrying out subsection (a), the Comptroller General of the United States shall evaluate and audit the programs, operations, and activities of the Board, including— (1) information management and security, including privacy protection of personally identifiable information; (2) the resource levels of the Board and management of such resources relative to the mission of the Board; (3) workforce development; (4) procurement and contracting planning, practices and policies; (5) the process and procedures to select an incident to review; (6) the extent to which the Board follows leading practices in selected management areas; (7) the extent to which the Board addresses management challenges in completing reviews; (8) the extent to which the evaluation, review, and recommendation-issuing methodologies of the Board are consistent with established best practice, as determined by the Comptroller General; and (9) an impact evaluation of the work of the Board, using the purposes and intent described in this Act and by the Board, against the realized results of the Board, according to a methodology determined by the Comptroller General, conducted in a manner that is not overly disruptive to the work of the Board. 14. Definitions In this Act: (1) Act of violence The term act of violence means an offense described in section 16(a) of title 18, United States Code. (2) Board The term Board means the National Disaster Safety Board established under section 3. (3) Chairperson The term Chairperson means the Chairperson of the Board designated under section 6. (4) Economic injury The term economic injury has the meaning given the term substantial economic injury in section 7(b) of the Small Business Act ( 15 U.S.C. 636(b) ). (5) Incident The term incident means a natural hazard or other circumstance that the Board decides to review. (6) Institution of higher education and research institution The term institution of higher education and research institution means— (A) an institution of higher education (as defined in section 101 of the Higher Education Act ( 20 U.S.C. 1001 )); (B) a National Laboratory (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); (C) a laboratory described in section 308(c)(2) of the Homeland Security Act of 2002 ( 6 U.S.C. 188(c)(2) ); (D) the National Domestic Preparedness Consortium established under section 1204 of the Implementing Recommendations of the 9/11 Commission Act of 2007 ( 6 U.S.C. 1102 ) and the members of such Consortium; and (E) a research institution associated with an institution of higher education. (7) Natural hazard The term natural hazard — (A) means a major disaster, as defined in paragraph (2) of section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5122 ), that is naturally occurring, regardless of— (i) whether the President makes a determination with respect to severity and magnitude of the disaster under such paragraph; or (ii) the result of such a determination; (B) includes any naturally occurring heat wave, wind storm, wildfire, wildland urban interface fire, urban conflagration fire, or dust storm; (C) includes any combination of events covered by subparagraphs (A) and (B) that causes or threatens to cause loss of human life, or human or economic injury, as determined by the Board; and (D) does not include a technological disaster. (8) 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 ). (9) Technological disaster The term technological disaster means an incident that— (A) is caused by human error or malfunction in technology, including a dam or structural failure, a fire (other than a naturally occurring wildfire, wildland urban interface fire, urban conflagration fire, or arson), a hazardous material incident, a nuclear accident, and a power and telecommunications failure; and (B) causes loss of human life, or human or economic injury, as determined by the Board. (10) Terrorism The term terrorism has the meaning given the term in section 2 of the Homeland Security Act of 2002 ( 6 U.S.C. 101 ). (11) Tribal government The term Tribal government means the governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, or community that the Secretary of the Interior acknowledges to exist as an Indian tribe under the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5130 et seq.). | https://www.govinfo.gov/content/pkg/BILLS-117s1952is/xml/BILLS-117s1952is.xml |
117-s-1953 | II 117th CONGRESS 1st Session S. 1953 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Carper (for himself, Mrs. Capito , Mr. Cardin , and Mr. Cramer ) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend title 23, United States Code, to authorize funds for Federal-aid highways and highway safety construction programs, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Surface Transportation Reauthorization Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Effective date. TITLE I—Federal-aid highways Subtitle A—Authorizations and programs Sec. 1101. Authorization of appropriations. Sec. 1102. Obligation ceiling. Sec. 1103. Definitions. Sec. 1104. Apportionment. Sec. 1105. National highway performance program. Sec. 1106. Emergency relief. Sec. 1107. Federal share payable. Sec. 1108. Railway-highway grade crossings. Sec. 1109. Surface transportation block grant program. Sec. 1110. Nationally significant freight and highway projects. Sec. 1111. Highway safety improvement program. Sec. 1112. Federal lands transportation program. Sec. 1113. Federal lands access program. Sec. 1114. National highway freight program. Sec. 1115. Congestion mitigation and air quality improvement program. Sec. 1116. Alaska Highway. Sec. 1117. Toll roads, bridges, tunnels, and ferries. Sec. 1118. Bridge investment program. Sec. 1119. Safe routes to school. Sec. 1120. Highway use tax evasion projects. Sec. 1121. Construction of ferry boats and ferry terminal facilities. Sec. 1122. Vulnerable road user research. Sec. 1123. Wildlife crossing safety. Sec. 1124. Consolidation of programs. Sec. 1125. State freight advisory committees. Sec. 1126. Territorial and Puerto Rico highway program. Sec. 1127. Nationally significant Federal lands and Tribal projects program. Sec. 1128. Tribal high priority projects program. Sec. 1129. Standards. Sec. 1130. Public transportation. Sec. 1131. Rural opportunities to use transportation for economic success council. Sec. 1132. Reservation of certain funds. Sec. 1133. Rural surface transportation grant program. Sec. 1134. Bicycle transportation and pedestrian walkways. Sec. 1135. Recreational trails program. Sec. 1136. Updates to Manual on Uniform Traffic Control Devices. Subtitle B—Planning and performance management Sec. 1201. Transportation planning. Sec. 1202. Fiscal constraint on long-range transportation plans. Sec. 1203. State human capital plans. Sec. 1204. Prioritization process pilot program. Sec. 1205. Travel demand data and modeling. Sec. 1206. Increasing safe and accessible transportation options. Subtitle C—Project delivery and process improvement Sec. 1301. Codification of One Federal Decision. Sec. 1302. Work zone process reviews. Sec. 1303. Transportation management plans. Sec. 1304. Intelligent transportation systems. Sec. 1305. Alternative contracting methods. Sec. 1306. Flexibility for projects. Sec. 1307. Improved Federal-State stewardship and oversight agreements. Sec. 1308. Geomatic data. Sec. 1309. Evaluation of projects within an operational right-of-way. Sec. 1310. Preliminary engineering. Sec. 1311. Efficient implementation of NEPA for Federal land management projects. Sec. 1312. National Environmental Policy Act of 1969 reporting program. Sec. 1313. Surface transportation project delivery program written agreements. Sec. 1314. State assumption of responsibility for categorical exclusions. Sec. 1315. Early utility relocation prior to transportation project environmental review. Sec. 1316. Streamlining of section 4(f) reviews. Sec. 1317. Categorical exclusion for projects of limited Federal assistance. Sec. 1318. Certain gathering lines located on Federal land and Indian land. Sec. 1319. Annual report. Subtitle D—Climate change Sec. 1401. Grants for charging and fueling infrastructure. Sec. 1402. Reduction of truck emissions at port facilities. Sec. 1403. Carbon reduction program. Sec. 1404. Congestion relief program. Sec. 1405. Freight plans. Sec. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. Sec. 1407. Healthy Streets program. Subtitle E—Miscellaneous Sec. 1501. Additional deposits into Highway Trust Fund. Sec. 1502. Stopping threats on pedestrians. Sec. 1503. Transfer and sale of toll credits. Sec. 1504. Study of impacts on roads from self-driving vehicles. Sec. 1505. Disaster relief mobilization study. Sec. 1506. Appalachian Regional Commission. Sec. 1507. Denali Commission. Sec. 1508. Requirements for transportation projects carried out through public-private partnerships. Sec. 1509. Reconnecting communities pilot program. Sec. 1510. Cybersecurity tool; cyber coordinator. Sec. 1511. Report on emerging alternative fuel vehicles and infrastructure. Sec. 1512. Nonhighway recreational fuel study. Sec. 1513. Buy America. Sec. 1514. High priority corridors on the National Highway System. Sec. 1515. Interstate weight limits. Sec. 1516. Report on air quality improvements. Sec. 1517. Roadside highway safety hardware. Sec. 1518. Permeable pavements study. Sec. 1519. Emergency relief projects. Sec. 1520. Study on stormwater best management practices. Sec. 1521. Stormwater best management practices reports. Sec. 1522. Invasive plant elimination program. Sec. 1523. Over-the-road bus tolling equity. Sec. 1524. Bridge terminology. Sec. 1525. Technical corrections. Sec. 1526. Working group on covered resources. Sec. 1527. Blood transport vehicles. Sec. 1528. Pollinator-friendly practices on roadsides and highway rights-of-way. Sec. 1529. Active transportation infrastructure investment program. TITLE II—Transportation infrastructure finance and innovation Sec. 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments. TITLE III—Research, technology, and education Sec. 3001. Strategic innovation for revenue collection. Sec. 3002. National motor vehicle per-mile user fee pilot. Sec. 3003. Performance management data support program. Sec. 3004. Data integration pilot program. Sec. 3005. Emerging technology research pilot program. Sec. 3006. Research and technology development and deployment. Sec. 3007. Workforce development, training, and education. Sec. 3008. Wildlife-vehicle collision research. Sec. 3009. Transportation Resilience and Adaptation Centers of Excellence. Sec. 3010. Transportation access pilot program. TITLE IV—Indian Affairs Sec. 4001. Definition of Secretary. Sec. 4002. Environmental reviews for certain tribal transportation facilities. Sec. 4003. Programmatic agreements for tribal categorical exclusions. Sec. 4004. Use of certain tribal transportation funds. Sec. 4005. Bureau of Indian Affairs road maintenance program. Sec. 4006. Study of road maintenance on Indian land. Sec. 4007. Maintenance of certain Indian reservation roads. Sec. 4008. Tribal transportation safety needs. Sec. 4009. Office of Tribal Government Affairs. 2. Definitions In this Act: (1) Department The term Department means the Department of Transportation. (2) Secretary The term Secretary means the Secretary of Transportation. 3. Effective date This Act and the amendments made by this Act take effect on October 2, 2021. I Federal-aid highways A Authorizations and programs 1101. Authorization of appropriations (a) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Federal-aid highway program For the national highway performance program under section 119 of title 23, United States Code, the surface transportation block grant program under section 133 of that title, the highway safety improvement program under section 148 of that title, the congestion mitigation and air quality improvement program under section 149 of that title, the national highway freight program under section 167 of that title, the carbon reduction program under section 175 of that title, to carry out subsection (c) of the PROTECT program under section 176 of that title, and to carry out section 134 of that title— (A) $52,488,065,375 for fiscal year 2022; (B) $53,537,826,683 for fiscal year 2023; (C) $54,608,583,217 for fiscal year 2024; (D) $55,700,754,881 for fiscal year 2025; and (E) $56,814,769,844 for fiscal year 2026. (2) Transportation infrastructure finance and innovation program For credit assistance under the transportation infrastructure finance and innovation program under chapter 6 of title 23, United States Code, $250,000,000 for each of fiscal years 2022 through 2026. (3) Federal lands and tribal transportation programs (A) Tribal transportation program For the tribal transportation program under section 202 of title 23, United States Code— (i) $578,460,000 for fiscal year 2022; (ii) $589,960,000 for fiscal year 2023; (iii) $602,460,000 for fiscal year 2024; (iv) $612,960,000 for fiscal year 2025; and (v) $627,960,000 for fiscal year 2026. (B) Federal lands transportation program (i) In general For the Federal lands transportation program under section 203 of title 23, United States Code— (I) $421,965,000 for fiscal year 2022; (II) $429,965,000 for fiscal year 2023; (III) $438,965,000 for fiscal year 2024; (IV) $447,965,000 for fiscal year 2025; and (V) $455,965,000 for fiscal year 2026. (ii) Allocation Of the amount made available for a fiscal year under clause (i)— (I) the amount for the National Park Service is— (aa) $332,427,450 for fiscal year 2022; (bb) $338,867,450 for fiscal year 2023; (cc) $346,237,450 for fiscal year 2024; (dd) $353,607,450 for fiscal year 2025; and (ee) $360,047,450 for fiscal year 2026; (II) the amount for the United States Fish and Wildlife Service is $36,000,000 for each of fiscal years 2022 through 2026; and (III) the amount for the Forest Service is— (aa) $24,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $26,000,000 for fiscal year 2024; (dd) $27,000,000 for fiscal year 2025; and (ee) $28,000,000 for fiscal year 2026. (C) Federal lands access program For the Federal lands access program under section 204 of title 23, United States Code— (i) $285,975,000 for fiscal year 2022; (ii) $291,975,000 for fiscal year 2023; (iii) $296,975,000 for fiscal year 2024; (iv) $303,975,000 for fiscal year 2025; and (v) $308,975,000 for fiscal year 2026. (4) Territorial and puerto rico highway program For the territorial and Puerto Rico highway program under section 165 of title 23, United States Code— (A) $219,000,000 for fiscal year 2022; (B) $224,000,000 for fiscal year 2023; (C) $228,000,000 for fiscal year 2024; (D) $232,500,000 for fiscal year 2025; and (E) $237,000,000 for fiscal year 2026. (5) Nationally significant freight and highway projects For nationally significant freight and highway projects under section 117 of title 23, United States Code— (A) $1,000,000,000 for fiscal year 2022; (B) $1,000,000,000 for fiscal year 2023; (C) $1,000,000,000 for fiscal year 2024; (D) $900,000,000 for fiscal year 2025; and (E) $900,000,000 for fiscal year 2026. (b) Other programs (1) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Bridge investment program To carry out the bridge investment program under section 124 of title 23, United States Code— (i) $600,000,000 for fiscal year 2022; (ii) $640,000,000 for fiscal year 2023; (iii) $650,000,000 for fiscal year 2024; (iv) $675,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (B) Congestion relief program To carry out the congestion relief program under section 129(d) of title 23, United States Code, $50,000,000 for each of fiscal years 2022 through 2026. (C) Charging and fueling infrastructure grants To carry out section 151(f) of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $400,000,000 for fiscal year 2023; (iii) $500,000,000 for fiscal year 2024; (iv) $600,000,000 for fiscal year 2025; and (v) $700,000,000 for fiscal year 2026. (D) Rural surface transportation grant program To carry out the rural surface transportation grant program under section 173 of title 23, United States Code— (i) $300,000,000 for fiscal year 2022; (ii) $350,000,000 for fiscal year 2023; (iii) $400,000,000 for fiscal year 2024; (iv) $450,000,000 for fiscal year 2025; and (v) $500,000,000 for fiscal year 2026. (E) PROTECT grants (i) In general To carry out subsection (d) of the PROTECT program under section 176 of title 23, United States Code, for each of fiscal years 2022 through 2026— (I) $250,000,000 for fiscal year 2022; (II) $250,000,000 for fiscal year 2023; (III) $300,000,000 for fiscal year 2024; (IV) $300,000,000 for fiscal year 2025; and (V) $300,000,000 for fiscal year 2026. (ii) Allocation Of the amounts made available under clause (i)— (I) for planning grants under paragraph (3) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; (II) for resilience improvement grants under paragraph (4)(A) of that subsection— (aa) $175,000,000 for fiscal year 2022; (bb) $175,000,000 for fiscal year 2023; (cc) $210,000,000 for fiscal year 2024; (dd) $210,000,000 for fiscal year 2025; and (ee) $210,000,000 for fiscal year 2026; (III) for community resilience and evacuation route grants under paragraph (4)(B) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026; and (IV) for at-risk coastal infrastructure grants under paragraph (4)(C) of that subsection— (aa) $25,000,000 for fiscal year 2022; (bb) $25,000,000 for fiscal year 2023; (cc) $30,000,000 for fiscal year 2024; (dd) $30,000,000 for fiscal year 2025; and (ee) $30,000,000 for fiscal year 2026. (F) Reduction of truck emissions at port facilities (i) In general To carry out the reduction of truck emissions at port facilities under section 1402, $50,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (G) Nationally significant Federal lands and Tribal projects (i) In general To carry out the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ), $55,000,000 for each of fiscal years 2022 through 2026. (ii) Treatment Amounts made available under clause (i) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (2) General fund (A) Bridge investment program (i) In general In addition to amounts made available under paragraph (1)(A), there are authorized to be appropriated to carry out the bridge investment program under section 124 of title 23, United States Code— (I) $600,000,000 for fiscal year 2022; (II) $640,000,000 for fiscal year 2023; (III) $650,000,000 for fiscal year 2024; (IV) $675,000,000 for fiscal year 2025; and (V) $700,000,000 for fiscal year 2026. (ii) Allocation Amounts made available under clause (i) shall be allocated in the same manner as if made available under paragraph (1)(A). (B) Nationally significant Federal lands and Tribal projects program In addition to amounts made available under paragraph (1)(G), there is authorized to be appropriated to carry out section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ) $300,000,000 for each of fiscal years 2022 through 2026. (C) Healthy Streets program There is authorized to be appropriated to carry out the Healthy Streets program under section 1407 $100,000,000 for each of fiscal years 2022 through 2026. (D) Transportation Resilience and Adaptation Centers of Excellence There is authorized to be appropriated to carry out section 520 of title 23, United States Code, $100,000,000 for each of fiscal years 2022 through 2026. (E) Open challenge and research proposal pilot program There is authorized to be appropriated to carry out the open challenge and research proposal pilot program under section 3006(e) $15,000,000 for each of fiscal years 2022 through 2026. (c) Research, technology, and education authorizations (1) In general The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (A) Highway research and development program To carry out section 503(b) of title 23, United States Code, $147,000,000 for each of fiscal years 2022 through 2026. (B) Technology and innovation deployment program To carry out section 503(c) of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (C) Training and education To carry out section 504 of title 23, United States Code— (i) $25,000,000 for fiscal year 2022; (ii) $25,250,000 for fiscal year 2023; (iii) $25,500,000 for fiscal year 2024; (iv) $25,750,000 for fiscal year 2025; and (v) $26,000,000 for fiscal year 2026. (D) Intelligent transportation systems program To carry out sections 512 through 518 of title 23, United States Code, $110,000,000 for each of fiscal years 2022 through 2026. (E) University transportation centers program To carry out section 5505 of title 49, United States Code— (i) $80,000,000 for fiscal year 2022; (ii) $80,500,000 for fiscal year 2023; (iii) $81,000,000 for fiscal year 2024; (iv) $81,500,000 for fiscal year 2025; and (v) $82,000,000 for fiscal year 2026. (F) Bureau of transportation statistics To carry out chapter 63 of title 49, United States Code— (i) $26,000,000 for fiscal year 2022; (ii) $26,250,000 for fiscal year 2023; (iii) $26,500,000 for fiscal year 2024; (iv) $26,750,000 for fiscal year 2025; and (v) $27,000,000 for fiscal year 2026. (2) Administration The Federal Highway Administration shall— (A) administer the programs described in subparagraphs (A), (B), and (C) of paragraph (1); and (B) in consultation with relevant modal administrations, administer the programs described in paragraph (1)(D). (3) Applicability of title 23, United States Code Amounts authorized to be appropriated by paragraph (1) shall— (A) be available for obligation in the same manner as if those funds were apportioned under chapter 1 of title 23, United States Code, except that the Federal share of the cost of a project or activity carried out using those funds shall be 80 percent, unless otherwise expressly provided by this Act (including the amendments by this Act) or otherwise determined by the Secretary; and (B) remain available until expended and not be transferable, except as otherwise provided by this Act. (d) Pilot programs The following amounts are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account): (1) Wildlife crossings pilot program For the wildlife crossings pilot program under section 171 of title 23, United States Code— (A) $60,000,000 for fiscal year 2022; (B) $65,000,000 for fiscal year 2023; (C) $70,000,000 for fiscal year 2024; (D) $75,000,000 for fiscal year 2025; and (E) $80,000,000 for fiscal year 2026. (2) Prioritization process pilot program (A) In general For the prioritization process pilot program under section 1204, $10,000,000 for each of fiscal years 2022 through 2026. (B) Treatment Amounts made available under subparagraph (A) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code. (3) Reconnecting communities pilot program (A) Planning grants For planning grants under the reconnecting communities pilot program under section 1509(c), $30,000,000 for each of fiscal years 2022 through 2026. (B) Capital construction grants For capital construction grants under the reconnecting communities pilot program under section 1509(d)— (i) $65,000,000 for fiscal year 2022; (ii) $68,000,000 for fiscal year 2023; (iii) $70,000,000 for fiscal year 2024; (iv) $72,000,000 for fiscal year 2025; and (v) $75,000,000 for fiscal year 2026. (C) Treatment Amounts made available under subparagraph (A) or (B) shall be available for obligation in the same manner as if those amounts were apportioned under chapter 1 of title 23, United States Code, except that those amounts shall remain available until expended. (e) Disadvantaged business enterprises (1) Findings Congress finds that— (A) while significant progress has occurred due to the establishment of the disadvantaged business enterprise program, discrimination and related barriers continue to pose significant obstacles for minority- and women-owned businesses seeking to do business in Federally assisted surface transportation markets across the United States; (B) the continuing barriers described in subparagraph (A) merit the continuation of the disadvantaged business enterprise program; (C) Congress has received and reviewed testimony and documentation of race and gender discrimination from numerous sources, including congressional hearings and roundtables, scientific reports, reports issued by public and private agencies, news stories, reports of discrimination by organizations and individuals, and discrimination lawsuits, which show that race- and gender-neutral efforts alone are insufficient to address the problem; (D) the testimony and documentation described in subparagraph (C) demonstrate that discrimination across the United States poses a barrier to full and fair participation in surface transportation-related businesses of women business owners and minority business owners and has impacted firm development and many aspects of surface transportation-related business in the public and private markets; and (E) the testimony and documentation described in subparagraph (C) provide a strong basis that there is a compelling need for the continuation of the disadvantaged business enterprise program to address race and gender discrimination in surface transportation-related business. (2) Definitions In this subsection: (A) Small business concern (i) In general The term small business concern means a small business concern (as the term is used in section 3 of the Small Business Act ( 15 U.S.C. 632 )). (ii) Exclusions The term small business concern does not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals that have average annual gross receipts during the preceding 3 fiscal years in excess of $26,290,000, as adjusted annually by the Secretary for inflation. (B) Socially and economically disadvantaged individuals The term socially and economically disadvantaged individuals has the meaning given the term in section 8(d) of the Small Business Act ( 15 U.S.C. 637(d) ) and relevant subcontracting regulations issued pursuant to that Act, except that women shall be presumed to be socially and economically disadvantaged individuals for purposes of this subsection. (3) Amounts for small business concerns Except to the extent that the Secretary determines otherwise, not less than 10 percent of the amounts made available for any program under this Act (other than section 4004) and section 403 of title 23, United States Code, shall be expended through small business concerns owned and controlled by socially and economically disadvantaged individuals. (4) Annual listing of disadvantaged business enterprises Each State shall annually— (A) survey and compile a list of the small business concerns referred to in paragraph (3) in the State, including the location of the small business concerns in the State; and (B) notify the Secretary, in writing, of the percentage of the small business concerns that are controlled by— (i) women; (ii) socially and economically disadvantaged individuals (other than women); and (iii) individuals who are women and are otherwise socially and economically disadvantaged individuals. (5) Uniform certification (A) In general The Secretary shall establish minimum uniform criteria for use by State governments in certifying whether a concern qualifies as a small business concern for the purpose of this subsection. (B) Inclusions The minimum uniform criteria established under subparagraph (A) shall include, with respect to a potential small business concern— (i) on-site visits; (ii) personal interviews with personnel; (iii) issuance or inspection of licenses; (iv) analyses of stock ownership; (v) listings of equipment; (vi) analyses of bonding capacity; (vii) listings of work completed; (viii) examination of the resumes of principal owners; (ix) analyses of financial capacity; and (x) analyses of the type of work preferred. (6) Reporting The Secretary shall establish minimum requirements for use by State governments in reporting to the Secretary— (A) information concerning disadvantaged business enterprise awards, commitments, and achievements; and (B) such other information as the Secretary determines to be appropriate for the proper monitoring of the disadvantaged business enterprise program. (7) Compliance with court orders Nothing in this subsection limits the eligibility of an individual or entity to receive funds made available under this Act and section 403 of title 23, United States Code, if the entity or person is prevented, in whole or in part, from complying with paragraph (3) because a Federal court issues a final order in which the court finds that a requirement or the implementation of paragraph (3) is unconstitutional. (8) Sense of congress on prompt payment of DBE subcontractors It is the sense of Congress that— (A) the Secretary should take additional steps to ensure that recipients comply with section 26.29 of title 49, Code of Federal Regulations (the disadvantaged business enterprises prompt payment rule), or any corresponding regulation, in awarding Federally funded transportation contracts under laws and regulations administered by the Secretary; and (B) such additional steps should include increasing the ability of the Department to track and keep records of complaints and to make that information publicly available. 1102. Obligation ceiling (a) General limitation Subject to subsection (e), and notwithstanding any other provision of law, the obligations for Federal-aid highway and highway safety construction programs shall not exceed— (1) $57,473,430,072 for fiscal year 2022; (2) $58,764,510,674 for fiscal year 2023; (3) $60,095,782,888 for fiscal year 2024; (4) $61,314,170,545 for fiscal year 2025; and (5) $62,657,105,821 for fiscal year 2026. (b) Exceptions The limitations under subsection (a) shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 note; 92 Stat. 2714); (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 note; 119 Stat. 1248), to the extent that funds obligated in accordance with that section were not subject to a limitation on obligations at the time at which the funds were initially made available for obligation; (12) section 119 of title 23, United States Code (as in effect for fiscal years 2013 through 2015, but only in an amount equal to $639,000,000 for each of those fiscal years); (13) section 119 of title 23, United States Code (as in effect for fiscal years 2016 through 2021, but only in an amount equal to $639,000,000 for each of those fiscal years); and (14) section 119 of title 23, United States Code (but, for fiscal years 2022 through 2026, only in an amount equal to $639,000,000 for each of those fiscal years). (c) Distribution of obligation authority For each of fiscal years 2022 through 2026, the Secretary— (1) shall not distribute obligation authority provided by subsection (a) for the fiscal year for— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) shall not distribute an amount of obligation authority provided by subsection (a) that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under section 175, 176(c), 202, or 204 of title 23, United States Code); and (B) for which obligation authority was provided in a previous fiscal year; (3) shall determine the proportion that— (A) the obligation authority provided by subsection (a) for the fiscal year, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (13) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(14) for the fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under this Act and title 23, United States Code, or apportioned by the Secretary under section 175, 176(c), 202, or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for the fiscal year; and (5) shall distribute the obligation authority provided by subsection (a), less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the national highway performance program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(14) and the amounts apportioned under sections 175, 176(c), 202, and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for the fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for the fiscal year. (d) Redistribution of unused obligation authority Notwithstanding subsection (c), the Secretary shall, after August 1 of each of fiscal years 2022 through 2026— (1) revise a distribution of the obligation authority made available under subsection (c) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of MAP–21 ( Public Law 112–141 ; 126 Stat. 405)) and 104 of title 23, United States Code. (e) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), obligation limitations imposed by subsection (a) shall apply to contract authority for transportation research programs carried out under chapter 5 of title 23, United States Code. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (f) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation authority under subsection (c) for each of fiscal years 2022 through 2026, the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for the fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under sections 175, 176(c), and 204 of title 23, United States Code), and will not be available for obligation, for the fiscal year because of the imposition of any obligation limitation for the fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (c)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 1103. Definitions Section 101(a) of title 23, United States Code, is amended— (1) in paragraph (4)— (A) in subparagraph (A), by inserting assessing resilience, after surveying, ; (B) in subparagraph (G), by striking and at the end; (C) by redesignating subparagraph (H) as subparagraph (I); and (D) by inserting after subparagraph (G) the following: (H) improvements that reduce the number of wildlife-vehicle collisions, such as wildlife crossing structures; and ; (2) by redesignating paragraphs (17) through (34) as paragraphs (18), (19), (20), (21), (22), (23), (25), (26), (27), (28), (29), (30), (31), (32), (33), (34), (35), and (36), respectively; (3) by inserting after paragraph (16) the following: (17) Natural infrastructure The term natural infrastructure means infrastructure that uses, restores, or emulates natural ecological processes and— (A) is created through the action of natural physical, geological, biological, and chemical processes over time; (B) is created by human design, engineering, and construction to emulate or act in concert with natural processes; or (C) involves the use of plants, soils, and other natural features, including through the creation, restoration, or preservation of vegetated areas using materials appropriate to the region to manage stormwater and runoff, to attenuate flooding and storm surges, and for other related purposes. ; (4) by inserting after paragraph (23) (as so redesignated) the following: (24) Resilience The term resilience , with respect to a project, means a project with the ability to anticipate, prepare for, or adapt to conditions or withstand, respond to, or recover rapidly from disruptions, including the ability— (A) (i) to resist hazards or withstand impacts from weather events and natural disasters; or (ii) to reduce the magnitude or duration of impacts of a disruptive weather event or natural disaster on a project; and (B) to have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to weather events or other natural disasters. ; and (5) in subparagraph (A) of paragraph (32) (as so redesignated)— (A) by striking the period at the end and inserting ; and ; (B) by striking through the implementation and inserting the following: “through— (i) the implementation ; and (C) by adding at the end the following: (ii) the consideration of incorporating natural infrastructure. . 1104. Apportionment (a) Administrative expenses Section 104(a)(1) of title 23, United States Code, is amended by striking subparagraphs (A) through (E) and inserting the following: (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. . (b) Division among programs of State share Section 104(b) of title 23, United States Code, is amended in subsection (b)— (1) in the matter preceding paragraph (1), by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 ; (2) in paragraph (1), by striking 63.7 percent and inserting 59.0771195921461 percent ; (3) in paragraph (2), by striking 29.3 percent and inserting 28.7402203421251 percent ; (4) in paragraph (3), by striking 7 percent and inserting 6.70605141316253 percent ; (5) by striking paragraph (4) and inserting the following: (4) Congestion mitigation and air quality improvement program (A) In general For the congestion mitigation and air quality improvement program, an amount determined for the State under subparagraphs (B) and (C). (B) Total amount The total amount for the congestion mitigation and air quality improvement program for all States shall be— (i) $2,536,490,803 for fiscal year 2022; (ii) $2,587,220,620 for fiscal year 2023; (iii) $2,638,965,032 for fiscal year 2024; (iv) $2,691,744,332 for fiscal year 2025; and (v) $2,745,579,213 for fiscal year 2026. (C) State share For each fiscal year, the Secretary shall distribute among the States the total amount for the congestion mitigation and air quality improvement program under subparagraph (B) so that each State receives an amount equal to the proportion that— (i) the amount apportioned to the State for the congestion mitigation and air quality improvement program for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States for that program for fiscal year 2020. ; (6) in paragraph (5)— (A) by striking subparagraph (B) and inserting the following: (B) Total amount The total amount set aside for the national highway freight program for all States shall be— (i) $1,373,932,519 for fiscal year 2022; (ii) $1,401,411,169 for fiscal year 2023; (iii) $1,429,439,392 for fiscal year 2024; (iv) $1,458,028,180 for fiscal year 2025; and (v) $1,487,188,740 for fiscal year 2026. ; and (B) by striking subparagraph (D); and (7) by striking paragraph (6) and inserting the following: (6) Metropolitan planning (A) In general To carry out section 134, an amount determined for the State under subparagraphs (B) and (C). (B) Total amount The total amount for metropolitan planning for all States shall be— (i) $438,121,139 for fiscal year 2022; (ii) $446,883,562 for fiscal year 2023; (iii) $455,821,233 for fiscal year 2024; (iv) $464,937,657 for fiscal year 2025; and (v) $474,236,409 for fiscal year 2026. (C) State share For each fiscal year, the Secretary shall distribute among the States the total amount to carry out section 134 under subparagraph (B) so that each State receives an amount equal to the proportion that— (i) the amount apportioned to the State to carry out section 134 for fiscal year 2020; bears to (ii) the total amount of funds apportioned to all States to carry out section 134 for fiscal year 2020. (7) Carbon reduction program For the carbon reduction program under section 175, 2.56266964565637 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). (8) PROTECT formula program To carry out subsection (c) of the PROTECT program under section 176, 2.91393900690991 percent of the amount remaining after distributing amounts under paragraphs (4), (5), and (6). . (c) Calculation of amounts Section 104(c) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) in the matter preceding subparagraph (A), by striking each of fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ; (B) in subparagraph (A)— (i) by striking clause (i) and inserting the following: (i) the base apportionment; by ; and (ii) in clause (ii)(I), by striking fiscal year 2015 and inserting fiscal year 2021 ; and (C) by striking subparagraph (B) and inserting the following: (B) Guaranteed amounts The initial amounts resulting from the calculation under subparagraph (A) shall be adjusted to ensure that each State receives an aggregate apportionment that is— (i) equal to at least 95 percent of the estimated tax payments paid into the Highway Trust Fund (other than the Mass Transit Account) in the most recent fiscal year for which data are available that are— (I) attributable to highway users in the State; and (II) associated with taxes in effect on July 1, 2019, and only up to the rate those taxes were in effect on that date; (ii) at least 2 percent greater than the apportionment that the State received for fiscal year 2021; and (iii) at least 1 percent greater than the apportionment that the State received for the previous fiscal year. ; and (2) in paragraph (2)— (A) by striking fiscal years 2016 through 2020 and inserting fiscal year 2022 and each fiscal year thereafter ; and (B) by inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, before and to carry out section 134 . (d) Metropolitan planning Section 104(d)(1)(A) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of subsection (b) each place it appears and inserting subsection (b)(6) . (e) Supplemental funds Section 104 of title 23, United States Code, is amended by striking subsection (h). (f) Base apportionment defined Section 104 of title 23, United States Code, is amended— (1) by redesignating subsection (i) as subsection (h); and (2) in subsection (h) (as so redesignated)— (A) by striking means in the matter preceding paragraph (1) and all that follows through the combined amount in paragraph (1) and inserting means the combined amount ; (B) by striking and to carry out section 134; minus and inserting the carbon reduction program under section 175, to carry out subsection (c) of the PROTECT program under section 176, and to carry out section 134. ; and (C) by striking paragraph (2). 1105. National highway performance program Section 119 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (4) to provide support for activities to increase the resiliency of the National Highway System to mitigate the cost of damages from sea level rise, extreme weather events, flooding, or other natural disasters. ; (2) in subsection (d)(2), by adding at the end the following: (Q) Undergrounding public utility infrastructure carried out in conjunction with a project otherwise eligible under this section. (R) Resiliency improvements on the National Highway System, including protective features described in subsection (k)(2). (S) Implement activities to protect segments of the National Highway System from cybersecurity threats. ; (3) in subsection (e)(4)(D), by striking analysis and inserting analyses, both of which shall take into consideration extreme weather and resilience ; and (4) by adding at the end the following: (k) Protective features (1) In general A State may use not more than 15 percent of the funds apportioned to the State under section 104(b)(1) for each fiscal year for 1 or more protective features on a Federal-aid highway or bridge not on the National Highway System, if the protective feature is designed to mitigate the risk of recurring damage or the cost of future repairs from extreme weather events, flooding, or other natural disasters. (2) Protective features described A protective feature referred to in paragraph (1) includes— (A) raising roadway grades; (B) relocating roadways in a base floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (C) stabilizing slide areas; (D) stabilizing slopes; (E) lengthening or raising bridges to increase waterway openings; (F) increasing the size or number of drainage structures; (G) replacing culverts with bridges or upsizing culverts; (H) installing seismic retrofits on bridges; (I) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (J) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather events, flooding, or other natural disasters. (3) Savings provision Nothing in this subsection limits the ability of a State to carry out a project otherwise eligible under subsection (d) using funds apportioned under section 104(b)(1). . 1106. Emergency relief Section 125 of title 23, United States Code, is amended— (1) in subsection (a)(1), by inserting wildfire, after severe storm, ; (2) by striking subsection (b) and inserting the following: (b) Restriction on eligibility Funds under this section shall not be used for the repair or reconstruction of a bridge that has been permanently closed to all vehicular traffic by the State or responsible local official because of imminent danger of collapse due to a structural deficiency or physical deterioration. ; and (3) in subsection (d)— (A) in paragraph (2)(A)— (i) by striking the period at the end and inserting ; and (ii) by striking a facility that meets the current and inserting the following: “a facility that— (i) meets the current ; and (iii) by adding at the end the following: (ii) incorporates economically justifiable improvements that will mitigate the risk of recurring damage from extreme weather, flooding, and other natural disasters. ; (B) by redesignating paragraph (3) as paragraph (4); and (C) by inserting after paragraph (2) the following: (3) Protective features (A) In general The cost of an improvement that is part of a project under this section shall be an eligible expense under this section if the improvement is a protective feature that will mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. (B) Protective features described A protective feature referred to in subparagraph (A) includes— (i) raising roadway grades; (ii) relocating roadways in a floodplain to higher ground above projected flood elevation levels or away from slide prone areas; (iii) stabilizing slide areas; (iv) stabilizing slopes; (v) lengthening or raising bridges to increase waterway openings; (vi) increasing the size or number of drainage structures; (vii) replacing culverts with bridges or upsizing culverts; (viii) installing seismic retrofits on bridges; (ix) adding scour protection at bridges, installing riprap, or adding other scour, stream stability, coastal, or other hydraulic countermeasures, including spur dikes; and (x) the use of natural infrastructure to mitigate the risk of recurring damage or the cost of future repair from extreme weather, flooding, and other natural disasters. . 1107. Federal share payable Section 120 of title 23, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (1), in the first sentence, by inserting vehicle-to-infrastructure communication equipment, after breakaway utility poles, ; (B) in subparagraph (3)(B)— (i) in clause (v), by striking or at the end; (ii) by redesignating clause (vi) as clause (vii); and (iii) by inserting after clause (v) the following: (vi) contractual provisions that provide safety contingency funds to incorporate safety enhancements to work zones prior to or during roadway construction activities; or ; and (C) by adding at the end the following: (4) Pooled funding Notwithstanding any other provision of law, the Secretary may waive the non-Federal share of the cost of a project or activity under section 502(b)(6) that is carried out with amounts apportioned under section 104(b)(2) after considering appropriate factors, including whether— (A) decreasing or eliminating the non-Federal share would best serve the interests of the Federal-aid highway program; and (B) the project or activity addresses national or regional high priority research, development, and technology transfer problems in a manner that would benefit multiple States or metropolitan planning organizations. ; (2) in subsection (e)— (A) in paragraph (1), by striking 180 days and inserting 270 days ; and (B) in paragraph (4), by striking permanent ; and (3) by adding at the end the following: (l) Federal share flexibility pilot program (1) Establishment Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a pilot program (referred to in this subsection as the pilot program ) to give States additional flexibility with respect to the Federal requirements under this section. (2) Program (A) In general Notwithstanding any other provision of law, a State participating in the pilot program (referred to in this subsection as a participating State ) may determine the Federal share on a project, multiple-project, or program basis for projects under any of the following: (i) The national highway performance program under section 119. (ii) The surface transportation block grant program under section 133. (iii) The highway safety improvement program under section 148. (iv) The congestion mitigation and air quality improvement program under section 149. (v) The national highway freight program under section 167. (vi) The carbon reduction program under section 175. (vii) Subsection (c) of the PROTECT program under section 176. (B) Requirements (i) Maximum Federal share Subject to clause (iii), the Federal share of the cost of an individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program may be up to 100 percent. (ii) Minimum Federal share No individual project carried out under a program described in subparagraph (A) by a participating State and to which the participating State is applying the Federal share requirements under the pilot program shall have a Federal share of 0 percent. (iii) Determination The average annual Federal share of the total cost of all projects authorized under a program described in subparagraph (A) to which a participating State is applying the Federal share requirements under the pilot program shall be not more than the average of the maximum Federal share of those projects if those projects were not carried out under the pilot program. (C) Selection (i) Application A State seeking to be a participating State shall— (I) submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require; and (II) have in place adequate financial controls to allow the State to determine the average annual Federal share requirements under the pilot program. (ii) Requirement For each of fiscal years 2022 through 2026, the Secretary shall select not more than 10 States to be participating States. . 1108. Railway-highway grade crossings (a) In general Section 130(e) of title 23, United States Code, is amended— (1) in the heading, by striking protective devices and inserting railway-Highway grade crossings ; and (2) in paragraph (1)— (A) in subparagraph (A), by striking and the installation of protective devices at railway-highway crossings in the matter preceding clause (i) and all that follows through 2020. in clause (v) and inserting the following: , the installation of protective devices at railway-highway crossings, the replacement of functionally obsolete warning devices, and as described in subparagraph (B), not less than $245,000,000 for each of fiscal years 2022 through 2026. ; and (B) by striking subparagraph (B) and inserting the following: (B) Reducing trespassing fatalities and injuries A State may use funds set aside under subparagraph (A) for projects to reduce pedestrian fatalities and injuries from trespassing at grade crossings. . (b) Federal share Section 130(f)(3) of title 23, United States Code, is amended by striking 90 percent and inserting 100 percent . (c) Incentive payments for at-Grade crossing closures Section 130(i)(3)(B) of title 23, United States Code, is amended by striking $7,500 and inserting $100,000 . (d) Expenditure of funds Section 130(k) of title 23, United States Code, is amended by striking 2 percent and inserting 8 percent . (e) GAO study Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit to Congress a report that includes an analysis of the effectiveness of the railway-highway crossings program under section 130 of title 23, United States Code. (f) Sense of Congress relating to trespasser deaths along railroad rights-of-Way It is the sense of Congress that the Department should, where feasible, coordinate departmental efforts to prevent or reduce trespasser deaths along railroad rights-of-way and at or near railway-highway crossings. 1109. Surface transportation block grant program (a) In general Section 133 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (B)— (I) by adding or at the end; (II) by striking facilities eligible and inserting the following: “facilities— (i) that are eligible ; and (III) by adding at the end the following: (ii) that are privately or majority-privately owned, but that the Secretary determines provide a substantial public transportation benefit or otherwise meet the foremost needs of the surface transportation system described in section 101(b)(3)(D); ; (ii) in subparagraph (E), by striking and at the end; (iii) in subparagraph (F), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (G) wildlife crossing structures. ; (B) in paragraph (3), by inserting 148(a)(4)(B)(xvii), after 119(g), ; (C) by redesignating paragraphs (4) through (15) as paragraphs (5), (6), (7), (8), (9), (10), (11), (12), (13), (20), (21), and (22), respectively; (D) in paragraph (5) (as so redesignated), by striking railway-highway grade crossings and inserting projects eligible under section 130 and installation of safety barriers and nets on bridges ; (E) in paragraph (7) (as so redesignated)— (i) by inserting including the maintenance and restoration of existing recreational trails, after section 206 ; and (ii) by striking the safe routes to school program under section 1404 of SAFETEA–LU ( 23 U.S.C. 402 note) and inserting the safe routes to school program under section 208 ; (F) by inserting after paragraph (13) (as so redesignated) the following: (14) Projects and strategies designed to reduce the number of wildlife-vehicle collisions, including project-related planning, design, construction, monitoring, and preventative maintenance. (15) The installation of electric vehicle charging infrastructure and vehicle-to-grid infrastructure. (16) The installation and deployment of current and emerging intelligent transportation technologies, including the ability of vehicles to communicate with infrastructure, buildings, and other road users. (17) Planning and construction of projects that facilitate intermodal connections between emerging transportation technologies, such as magnetic levitation and hyperloop. (18) Protective features, including natural infrastructure, to enhance the resilience of a transportation facility otherwise eligible for assistance under this section. (19) Measures to protect a transportation facility otherwise eligible for assistance under this section from cybersecurity threats. ; and (G) by adding at the end the following: (23) Rural barge landing, dock, and waterfront infrastructure projects in accordance with subsection (j). (24) Projects to enhance travel and tourism. ; (2) in subsection (c)— (A) in paragraph (2), by striking paragraphs (4) through (11) and inserting paragraphs (5) through (15) and paragraph (23) ; (B) in paragraph (3), by striking and at the end; (C) by redesignating paragraph (4) as paragraph (5); and (D) by inserting after paragraph (3) the following: (4) for a bridge project for the replacement of a low water crossing (as defined by the Secretary) with a bridge; and ; (3) in subsection (d)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking reservation and inserting set aside ; and (ii) in subparagraph (A)— (I) in the matter preceding clause (i), by striking the percentage specified in paragraph (6) for a fiscal year and inserting 55 percent for each of fiscal years 2022 through 2026 ; and (II) by striking clauses (ii) and (iii) and inserting the following: (ii) in urbanized areas of the State with an urbanized area population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population less than 5,000; and ; (B) by striking paragraph (3) and inserting the following: (3) Local consultation (A) Consultation with metropolitan planning organizations For purposes of clause (ii) of paragraph (1)(A), a State shall— (i) establish a process to consult with all metropolitan planning organizations in the State that represent an urbanized area described in that clause; and (ii) describe how funds allocated for areas described in that clause will be allocated equitably among the applicable urbanized areas during the period of fiscal years 2022 through 2026. (B) Consultation with regional transportation planning organizations For purposes of clauses (iii) and (iv) of paragraph (1)(A), before obligating funding attributed to an area with a population less than 50,000, a State shall consult with the regional transportation planning organizations that represent the area, if any. ; and (C) by striking paragraph (6); (4) in subsection (e)(1), in the matter preceding subparagraph (A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (5) in subsection (f)— (A) in paragraph (1)— (i) by inserting or low water crossing (as defined by the Secretary) after a highway bridge ; and (ii) by inserting or low water crossing (as defined by the Secretary) after other than a bridge ; (B) in paragraph (2)(A)— (i) by striking activities described in subsection (b)(2) for off-system bridges and inserting activities described in paragraphs (1)(A) and (10) of subsection (b) for off-system bridges, projects and activities described in subsection (b)(1)(A) for the replacement of low water crossings with bridges, and projects and activities described in subsection (b)(10) for low water crossings (as defined by the Secretary), ; and (ii) by striking 15 percent and inserting 20 percent ; and (C) in paragraph (3), in the matter preceding subparagraph (A)— (i) by striking bridge or rehabilitation of a bridge and inserting bridge, rehabilitation of a bridge, or replacement of a low water crossing (as defined by the Secretary) with a bridge ; and (ii) by inserting or, in the case of a replacement of a low water crossing with a bridge, is determined by the Secretary on completion to have improved the safety of the location after no longer a deficient bridge ; (6) in subsection (g)— (A) in the subsection heading, by striking less than 5,000 and inserting less than 50,000 ; and (B) by striking paragraph (1) and inserting the following: (1) In general Notwithstanding subsection (c), and except as provided in paragraph (2), up to 15 percent of the amounts required to be obligated by a State under clauses (iii) and (iv) of subsection (d)(1)(A) for each fiscal year may be obligated on— (A) roads functionally classified as rural minor collectors or local roads; or (B) on critical rural freight corridors designated under section 167(e). ; and (7) by adding at the end the following: (j) Rural barge landing, dock, and waterfront infrastructure projects (1) In general A State may use not more than 5 percent of the funds apportioned to the State under section 104(b)(2) for eligible rural barge landing, dock, and waterfront infrastructure projects described in paragraph (2). (2) Eligible projects An eligible rural barge landing, dock, or waterfront infrastructure project referred to in paragraph (1) is a project for the planning, designing, engineering, or construction of a barge landing, dock, or other waterfront infrastructure in a rural community or a Native village (as defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )) that is off the road system. (k) Projects in rural areas (1) Set aside Notwithstanding subsection (c), in addition to the activities described in subsections (b) and (g), of the amounts apportioned to a State for each fiscal year to carry out this section, not more than 15 percent may be— (A) used on eligible projects under subsection (b) or maintenance activities on roads functionally classified as rural minor collectors or local roads, ice roads, or seasonal roads; or (B) transferred to— (i) the Appalachian Highway System Program under 14501 of title 40; or (ii) the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ). (2) Savings clause Amounts allocated under subsection (d) shall not be used to carry out this subsection, except at the request of the applicable metropolitan planning organization. . (b) Set-Aside (1) In general Section 133(h) of title 23, United States Code, is amended— (A) in paragraph (1)— (i) in the heading, by striking Reservation of funds and inserting In general ; and (ii) in the matter preceding subparagraph (A), by striking for each fiscal year and all that follows through and at the end of subparagraph (A)(ii) and inserting the following: “for fiscal year 2022 and each fiscal year thereafter— (A) the Secretary shall set aside an amount equal to 10 percent to carry out this subsection; and ; (B) by striking paragraph (2) and inserting the following: (2) Allocation within a State (A) In general Except as provided in subparagraph (B), funds set aside for a State under paragraph (1) shall be obligated within that State in the manner described in subsection (d), except that, for purposes of this paragraph (after funds are made available under paragraph (5))— (i) for fiscal year 2022 and each fiscal year thereafter, the percentage referred to in paragraph (1)(A) of that subsection shall be deemed to be 59 percent; and (ii) paragraph (3) of subsection (d) shall not apply. (B) Local control A State may allocate up to 100 percent of the funds referred to in subparagraph (A)(i) if— (i) the State submits to the Secretary a plan that describes— (I) how funds will be allocated to counties, metropolitan planning organizations, regional transportation planning organizations as described in section 135(m), or local governments; (II) how the entities described in subclause (I) will carry out a competitive process to select projects for funding and report selected projects to the State; (III) the legal, financial, and technical capacity of the entities described in subclause (I); (IV) how input was gathered from the entities described in subclause (I) to ensure those entities will be able to comply with the requirements of this subsection; and (V) how the State will comply with paragraph (8); and (ii) the Secretary approves the plan submitted under clause (i). ; (C) by striking paragraph (3) and inserting the following: (3) Eligible projects Funds set aside under this subsection may be obligated for— (A) projects or activities described in section 101(a)(29) or 213, as those provisions were in effect on the day before the date of enactment of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312); (B) projects and activities under the safe routes to school program under section 208; and (C) activities in furtherance of a vulnerable road user safety assessment (as defined in section 148(a)). ; (D) in paragraph (4)— (i) by striking subparagraph (A); (ii) by redesignating subparagraph (B) as subparagraph (A); (iii) in subparagraph (A) (as so redesignated)— (I) by redesignating clauses (vii) and (viii) as clauses (viii) and (ix), respectively; (II) by inserting after clause (vi) the following: (vii) a metropolitan planning organization that serves an urbanized area with a population of 200,000 or fewer; ; (III) in clause (viii) (as so redesignated), by striking responsible and all that follows through programs; and and inserting a semicolon; (IV) in clause (ix) (as so redesignated)— (aa) by inserting that serves an urbanized area with a population of over 200,000 after metropolitan planning organization ; and (bb) by striking the period at the end and inserting ; and ; and (V) by adding at the end the following: (x) a State, at the request of an entity described in clauses (i) through (ix). ; and (iv) by adding at the end the following: (B) Competitive process A State or metropolitan planning organization required to obligate funds in accordance with paragraph (2) shall develop a competitive process to allow eligible entities to submit projects for funding that achieve the objectives of this subsection. (C) Selection A metropolitan planning organization for an area described in subsection (d)(1)(A)(i) shall select projects under the competitive process described in subparagraph (B) in consultation with the relevant State. (D) Prioritization The competitive process described in subparagraph (B) shall include prioritization of project location and impact in high-need areas as defined by the State, such as low-income, transit-dependent, rural, or other areas. ; (E) in paragraph (5)(A), by striking reserved under this section and inserting set aside under this subsection ; (F) in paragraph (6)— (i) in subparagraph (B), by striking reserved and inserting set aside ; and (ii) by adding at the end the following: (C) Improving accessibility and efficiency (i) In general A State may use an amount equal to not more than 5 percent of the funds set aside for the State under this subsection, after allocating funds in accordance with paragraph (2)(A), to improve the ability of applicants to access funding for projects under this subsection in an efficient and expeditious manner by providing— (I) to applicants for projects under this subsection application assistance, technical assistance, and assistance in reducing the period of time between the selection of the project and the obligation of funds for the project; and (II) funding for 1 or more full-time State employee positions to administer this subsection. (ii) Use of funds Amounts used under clause (i) may be expended— (I) directly by the State; or (II) through contracts with State agencies, private entities, or nonprofit entities. ; (G) by redesignating paragraph (7) as paragraph (8); (H) by inserting after paragraph (6) the following: (7) Federal share (A) Required aggregate non-Federal share The average annual non-Federal share of the total cost of all projects for which funds are obligated under this subsection in a State for a fiscal year shall be not less than the average non-Federal share of the cost of the projects that would otherwise apply. (B) Flexible financing Subject to subparagraph (A), notwithstanding section 120— (i) funds made available to carry out section 148 may be credited toward the non-Federal share of the costs of a project under this subsection if the project— (I) is an eligible project described in section 148(e)(1); and (II) is consistent with the State strategic highway safety plan (as defined in section 148(a)); (ii) the non-Federal share for a project under this subsection may be calculated on a project, multiple-project, or program basis; and (iii) the Federal share of the cost of an individual project in this section may be up to 100 percent. (C) Requirement Subparagraph (B) shall only apply to a State if the State has adequate financial controls, as certified by the Secretary, to account for the average annual non-Federal share under this paragraph. ; and (I) in subparagraph (A) of paragraph (8) (as so redesignated)— (i) in the matter preceding clause (i), by striking describes and inserting includes ; and (ii) by striking clause (ii) and inserting the following: (ii) a list of each project selected for funding for each fiscal year, including, for each project— (I) the fiscal year during which the project was selected; (II) the fiscal year in which the project is anticipated to be funded; (III) the recipient; (IV) the location, including the congressional district; (V) the type; (VI) the cost; and (VII) a brief description. . (2) State transferability Section 126(b)(2) of title 23, United States Code, is amended— (A) by striking the period at the end and inserting ; and ; (B) by striking reserved for a State under section 133(h) for a fiscal year may and inserting the following: “set aside for a State under section 133(h) for a fiscal year— (A) may ; and (C) by adding at the end the following: (B) may only be transferred if the Secretary certifies that the State— (i) held a competition in compliance with the guidance issued to carry out section 133(h) and provided sufficient time for applicants to apply; (ii) offered to each eligible entity, and provided on request of an eligible entity, technical assistance; and (iii) demonstrates that there were not sufficiently suitable applications from eligible entities to use the funds to be transferred. . 1110. Nationally significant freight and highway projects (a) In general Section 117 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (A), by inserting in and across rural and urban areas after people ; and (B) in subparagraph (F), by inserting , including highways that support movement of energy equipment after security ; (2) in subsection (b), by adding at the end the following: (3) Grant administration The Secretary may— (A) retain not more than a total of 2 percent of the funds made available to carry out this section for the National Surface Transportation and Innovative Finance Bureau to review applications for grants under this section; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this section. ; (3) in subsection (c)(1)— (A) by redesignating subparagraph (H) as subparagraph (I); and (B) by inserting after subparagraph (G) the following: (H) A multistate corridor organization. ; (4) in subsection (d)— (A) in paragraph (1)(A)— (i) in clause (iii)(II), by striking or at the end; (ii) in clause (iv), by striking and at the end; and (iii) by adding at the end the following: (v) a wildlife crossing project; (vi) a surface transportation infrastructure project that— (I) is located within the boundaries of or functionally connected to an international border crossing area in the United States; (II) improves a transportation facility owned by a Federal, State, or local government entity; and (III) increases throughput efficiency of the border crossing described in subclause (I), including— (aa) a project to add lanes; (bb) a project to add technology; and (cc) other surface transportation improvements; or (vii) a project for a marine highway corridor designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor), if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and ; and (B) in paragraph (2)(A), in the matter preceding clause (i)— (i) by striking $500,000,000 and inserting 30 percent ; and (ii) by striking fiscal years 2016 through 2020, in the aggregate, and inserting each of fiscal years 2022 through 2026 ; (5) in subsection (e)— (A) in paragraph (1), by striking 10 percent and inserting not less than 15 percent ; (B) in paragraph (3)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) the effect of the proposed project on safety on freight corridors with significant hazards, such as high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades. ; and (C) by adding at the end the following: (4) Requirement Of the amounts reserved under paragraph (1), not less than 30 percent shall be used for projects in rural areas (as defined in subsection (i)(3)). ; (6) in subsection (h)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (4) enhancement of freight resilience to natural hazards or disasters, including high winds, heavy snowfall, flooding, rockslides, mudslides, wildfire, wildlife crossing onto the roadway, or steep grades; (5) whether the project will improve the shared transportation corridor of a multistate corridor organization, if applicable; and (6) prioritizing projects located in States in which neither the State nor an eligible entity in that State has been awarded a grant under this section. ; (7) in subsection (i)(2), by striking other grants under this section and inserting grants under subsection (e) ; (8) in subsection (j)— (A) by striking the subsection designation and heading and all that follows through The Federal share in paragraph (1) and inserting the following: (j) Federal assistance (1) Federal share (A) In general Except as provided in subparagraph (B) or for a grant under subsection (q), the Federal share ; (B) in paragraph (1), by adding at the end the following: (B) Small projects In the case of a project described in subsection (e)(1), the Federal share of the cost of the project shall be 80 percent. ; and (C) in paragraph (2)— (i) by striking Federal assistance other and inserting Except for grants under subsection (q), Federal assistance other ; and (ii) by striking except that the total Federal and inserting the following: except that— (A) for a State with a population density of not more than 80 persons per square mile of land area, based on the 2010 census, the maximum share of the total Federal assistance provided for a project receiving a grant under this section shall be the applicable share under section 120(b); and (B) for a State not described in subparagraph (A), the total Federal ; (9) by redesignating subsections (k) through (n) as subsections (l), (m), (n), and (p), respectively; (10) by inserting after subsection (j) the following: (k) Efficient use of non-Federal funds (1) In general Notwithstanding any other provision of law and subject to approval by the Secretary under paragraph (2)(B), in the case of any grant for a project under this section, during the period beginning on the date on which the grant recipient is selected and ending on the date on which the grant agreement is signed— (A) the grant recipient may obligate and expend non-Federal funds with respect to the project for which the grant is provided; and (B) any non-Federal funds obligated or expended in accordance with subparagraph (A) shall be credited toward the non-Federal cost share for the project for which the grant is provided. (2) Requirements (A) Application In order to obligate and expend non-Federal funds under paragraph (1), the grant recipient shall submit to the Secretary a request to obligate and expend non-Federal funds under that paragraph, including— (i) a description of the activities the grant recipient intends to fund; (ii) a justification for advancing the activities described in clause (i), including an assessment of the effects to the project scope, schedule, and budget if the request is not approved; and (iii) the level of risk of the activities described in clause (i). (B) Approval The Secretary shall approve or disapprove each request submitted under subparagraph (A). (C) Compliance with applicable requirements Any non-Federal funds obligated or expended under paragraph (1) shall comply with all applicable requirements, including any requirements included in the grant agreement. (3) Effect The obligation or expenditure of any non-Federal funds in accordance with this subsection shall not— (A) affect the signing of a grant agreement or other applicable grant procedures with respect to the applicable grant; (B) create an obligation on the part of the Federal Government to repay any non-Federal funds if the grant agreement is not signed; or (C) affect the ability of the recipient of the grant to obligate or expend non-Federal funds to meet the non-Federal cost share for the project for which the grant is provided after the period described in paragraph (1). ; (11) by inserting after subsection (n) (as so redesignated) the following: (o) Applicant notification (1) In general Not later than 60 days after the date on which a grant recipient for a project under this section is selected, the Secretary shall provide to each eligible applicant not selected for that grant a written notification that the eligible applicant was not selected. (2) Inclusion A written notification under paragraph (1) shall include an offer for a written or telephonic debrief by the Secretary that will provide— (A) detail on the evaluation of the application of the eligible applicant; and (B) an explanation of and guidance on the reasons the application was not selected for a grant under this section. (3) Response (A) In general Not later than 30 days after the eligible applicant receives a written notification under paragraph (1), if the eligible applicant opts to receive a debrief described in paragraph (2), the eligible applicant shall notify the Secretary that the eligible applicant is requesting a debrief. (B) Debrief If the eligible applicant submits a request for a debrief under subparagraph (A), the Secretary shall provide the debrief by not later than 60 days after the date on which the Secretary receives the request for a debrief. ; and (12) by striking subsection (p) (as so redesignated) and inserting the following: (p) Reports (1) Annual report (A) In general Notwithstanding any other provision of law, not later than 30 days after the date on which the Secretary selects a project for funding under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the reasons for selecting the project, based on any criteria established by the Secretary in accordance with this section. (B) Inclusions The report submitted under subparagraph (A) shall specify each criterion established by the Secretary that the project meets. (C) Availability The Secretary shall make available on the website of the Department of Transportation the report submitted under subparagraph (A). (D) Applicability This paragraph applies to all projects described in subparagraph (A) that the Secretary selects on or after October 1, 2021. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section. (B) Report Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Comptroller General of the United States shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for each project selected to receive funding under this section— (i) the process by which each project was selected; (ii) the factors that went into the selection of each project; and (iii) the justification for the selection of each project based on any criteria established by the Secretary in accordance with this section. (3) Inspector general Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and annually thereafter, the Inspector General of the Department of Transportation shall— (A) conduct an assessment of the establishment, solicitation, selection, and justification process with respect to the funding of projects under this section; and (B) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a final report that describes the findings of the Inspector General of the Department of Transportation with respect to the assessment conducted under subparagraph (A). (q) State incentives pilot program (1) Establishment There is established a pilot program to award grants to eligible applicants for projects eligible for grants under this section (referred to in this subsection as the pilot program ). (2) Priority In awarding grants under the pilot program, the Secretary shall give priority to an application that offers a greater non-Federal share of the cost of a project relative to other applications under the pilot program. (3) Federal share (A) In general Notwithstanding any other provision of law, the Federal share of the cost of a project assisted with a grant under the pilot program may not exceed 50 percent. (B) No federal involvement (i) In general For grants awarded under the pilot program, except as provided in clause (ii), an eligible applicant may not use Federal assistance to satisfy the non-Federal share of the cost under subparagraph (A). (ii) Exception An eligible applicant may use funds from a secured loan (as defined in section 601(a)) to satisfy the non-Federal share of the cost under subparagraph (A) if the loan is repayable from non-Federal funds. (4) Reservation (A) In general Of the amounts made available to provide grants under this section, the Secretary shall reserve for each fiscal year $150,000,000 to provide grants under the pilot program. (B) Unutilized amounts In any fiscal year during which applications under this subsection are insufficient to effect an award or allocation of the entire amount reserved under subparagraph (A), the Secretary shall use the unutilized amounts to provide other grants under this section. (5) Set-asides (A) Small projects (i) In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 10 percent for projects eligible for a grant under subsection (e). (ii) Requirement For a grant awarded from the amount reserved under clause (i)— (I) the requirements of subsection (e) shall apply; and (II) the requirements of subsection (g) shall not apply. (B) Rural projects (i) In general Of the amounts reserved under paragraph (4)(A), the Secretary shall reserve for each fiscal year not less than 25 percent for projects eligible for a grant under subsection (i). (ii) Requirement For a grant awarded from the amount reserved under clause (i), the requirements of subsection (i) shall apply. (6) Report to congress Not later than 2 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes the administration of the pilot program, including— (A) the number, types, and locations of eligible applicants that have applied for grants under the pilot program; (B) the number, types, and locations of grant recipients under the pilot program; (C) an assessment of whether implementation of the pilot program has incentivized eligible applicants to offer a greater non-Federal share for grants under the pilot program; and (D) any recommendations for modifications to the pilot program. (r) Multistate corridor organization defined For purposes of this section, the term multistate corridor organization means an organization of a group of States developed through cooperative agreements, coalitions, or other arrangements to promote regional cooperation, planning, and shared project implementation for programs and projects to improve transportation system management and operations for a shared transportation corridor. . (b) Efficient use of non-Federal funds (1) In general Notwithstanding any other provision of law, in the case of a grant described in paragraph (2), section 117(k) of title 23, United States Code, shall apply to the grant as if the grant was a grant provided under that section. (2) Grant described A grant referred to in paragraph (1) is a grant that is— (A) provided under a competitive discretionary grant program administered by the Federal Highway Administration; (B) for a project eligible under title 23, United States Code; and (C) in an amount greater than $5,000,000. 1111. Highway safety improvement program (a) In general Section 148 of title 23, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4)(B)— (i) in clause (i), by inserting that provides for the safety of all road users, as appropriate, including a multimodal roundabout after improvement ; (ii) in clause (vi), by inserting or a grade separation project after devices ; (iii) by striking clause (viii) and inserting the following: (viii) Construction or installation of features, measures, and road designs to calm traffic and reduce vehicle speeds. ; (iv) by striking clause (xxvi) and inserting the following: (xxvi) Installation or upgrades of traffic control devices for pedestrians and bicyclists, including pedestrian hybrid beacons and the addition of bicycle movement phases to traffic signals. ; and (v) by striking clauses (xxvii) and (xxviii) and inserting the following: (xxvii) Roadway improvements that provide separation between pedestrians and motor vehicles or between bicyclists and motor vehicles, including medians, pedestrian crossing islands, protected bike lanes, and protected intersection features. (xxviii) A pedestrian security feature designed to slow or stop a motor vehicle. (xxix) A physical infrastructure safety project not described in clauses (i) through (xxviii). ; (B) by redesignating paragraphs (9) through (12) as paragraphs (10), (12), (13), and (14), respectively; (C) by inserting after paragraph (8) the following: (9) Safe system approach The term safe system approach means a roadway design— (A) that emphasizes minimizing the risk of injury or fatality to road users; and (B) that— (i) takes into consideration the possibility and likelihood of human error; (ii) accommodates human injury tolerance by taking into consideration likely accident types, resulting impact forces, and the ability of the human body to withstand impact forces; and (iii) takes into consideration vulnerable road users. ; (D) by inserting after paragraph (10) (as so redesignated) the following: (11) Specified safety project (A) In general The term specified safety project means a project carried out for the purpose of safety under any other section of this title that is consistent with the State strategic highway safety plan. (B) Inclusion The term specified safety project includes a project that— (i) promotes public awareness and informs the public regarding highway safety matters (including safety for motorcyclists, bicyclists, pedestrians, individuals with disabilities, and other road users); (ii) facilitates enforcement of traffic safety laws; (iii) provides infrastructure and infrastructure-related equipment to support emergency services; (iv) conducts safety-related research to evaluate experimental safety countermeasures or equipment; or (v) supports safe routes to school noninfrastructure-related activities described in section 208(g)(2). ; (E) in paragraph (13) (as so redesignated)— (i) by redesignating subparagraphs (G), (H), and (I) as subparagraphs (H), (I), and (J), respectively; and (ii) by inserting after subparagraph (F) the following; (G) includes a vulnerable road user safety assessment; ; and (F) by adding at the end the following: (15) Vulnerable road user The term vulnerable road user means a nonmotorist— (A) with a fatality analysis reporting system person attribute code that is included in the definition of the term number of non-motorized fatalities in section 490.205 of title 23, Code of Federal Regulations (or successor regulations); or (B) described in the term number of non-motorized serious injuries in that section. (16) Vulnerable road user safety assessment The term vulnerable road user safety assessment means an assessment of the safety performance of the State with respect to vulnerable road users and the plan of the State to improve the safety of vulnerable road users as described in subsection (l). ; (2) in subsection (c)— (A) in paragraph (1)(A), by striking subsections (a)(11) and inserting subsections (a)(13) ; and (B) in paragraph (2)— (i) in subparagraph (A)(vi), by inserting and to differentiate the safety data for vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users after crashes ; (ii) in subparagraph (B)(i), by striking (including motorcyclists), bicyclists, pedestrians, and inserting , vulnerable road users (including motorcyclists, bicyclists, pedestrians), ; and (iii) in subparagraph (D)— (I) in clause (iv), by striking and at the end; (II) in clause (v), by striking the semicolon at the end and inserting ; and ; and (III) by adding at the end the following: (vi) improves the ability of the State to differentiate the fatalities and serious injuries of vulnerable road users, including bicyclists, motorcyclists, and pedestrians, from other road users; ; (3) in subsection (d)(2)(B)(i), by striking subsection (a)(11) and inserting subsection (a)(13) ; (4) in subsection (e), by adding at the end the following: (3) Flexible funding for specified safety projects (A) In general To advance the implementation of a State strategic highway safety plan, a State may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(3) for a fiscal year to carry out specified safety projects. (B) Rule of construction Nothing in this paragraph requires a State to revise any State process, plan, or program in effect on the date of enactment of this paragraph. (C) Effect of paragraph (i) Requirements A project carried out under this paragraph shall be subject to all requirements under this section that apply to a highway safety improvement project. (ii) Other apportioned programs Nothing in this paragraph prohibits the use of funds made available under other provisions of this title for a specified safety project that is a noninfrastructure project. ; (5) in subsection (g), by adding at the end the following: (3) Vulnerable road user safety If the total annual fatalities of vulnerable road users in a State represents not less than 15 percent of the total annual crash fatalities in the State, that State shall be required to obligate not less than 15 percent of the amounts apportioned to the State under section 104(b)(3) for the following fiscal year for highway safety improvement projects to address the safety of vulnerable road users. ; and (6) by adding at the end the following: (l) Vulnerable road user safety assessment (1) In general Not later than 2 years after the date of enactment of this subsection, each State shall complete a vulnerable road user safety assessment. (2) Contents A vulnerable road user safety assessment under paragraph (1) shall include— (A) a quantitative analysis of vulnerable road user fatalities and serious injuries that— (i) includes data such as location, roadway functional classification, design speed, speed limit, and time of day; (ii) considers the demographics of the locations of fatalities and serious injuries, including race, ethnicity, income, and age; and (iii) based on the data, identifies areas as high-risk to vulnerable road users; and (B) a program of projects or strategies to reduce safety risks to vulnerable road users in areas identified as high-risk under subparagraph (A)(iii). (3) Use of data In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall use data from the most recent 5-year period for which data is available. (4) Requirements In carrying out a vulnerable road user safety assessment under paragraph (1), a State shall— (A) take into consideration a safe system approach; and (B) consult with local governments, metropolitan planning organizations, and regional transportation planning organizations that represent a high-risk area identified under paragraph (2)(A)(iii). (5) Update A State shall update the vulnerable road user safety assessment of the State in accordance with the updates required to the State strategic highway safety plan under subsection (d). (6) Requirement for transportation system access The program of projects developed under paragraph (2)(B) may not degrade transportation system access for vulnerable road users. (7) Guidance (A) In general Not later than 1 year after the date of enactment of this subsection, the Secretary shall develop guidance for States to carry out this subsection. (B) Consultation In developing the guidance under this paragraph, the Secretary shall consult with the States and relevant safety stakeholders. . (b) High-Risk rural roads (1) Study Not later than 2 years after the date of enactment of this Act, the Secretary shall update the study under section 1112(b)(1) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). (2) Publication of report Not later than 2 years after the date of enactment of this Act, the Secretary shall publish on the website of the Department of Transportation an update to the report described in section 1112(b)(2) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). (3) Best practices manual Not later than 180 days after the date on which the report is published under paragraph (2), the Secretary shall update the best practices manual described in section 1112(b)(3) of MAP–21 ( 23 U.S.C. 148 note; Public Law 112–141 ). 1112. Federal lands transportation program Section 203(a) of title 23, United States Code, is amended— (1) in paragraph (1)(D), by striking $10,000,000 and inserting $20,000,000 ; and (2) by adding at the end the following: (6) Native plant materials In carrying out an activity described in paragraph (1), the entity carrying out the activity shall consider, to the maximum extent practicable— (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. . 1113. Federal lands access program (a) Federal share Section 201 of title 23, United States Code, is amended— (1) in subsection (b)(7)(B), by striking determined in accordance with section 120 , and inserting be up to 100 percent ; and (2) in subsection (c)(8)(A), by striking 5 percent and inserting 20 percent . (b) Federal lands access program Section 204(a) of title 23, United States Code, is amended— (1) in paragraph (1)(A)— (A) in the matter preceding clause (i), by inserting context-sensitive solutions, after restoration, ; (B) in clause (i), by inserting , including interpretive panels in or adjacent to those areas after areas ; (C) in clause (v), by striking and at the end; (D) by redesignating clause (vi) as clause (ix); and (E) by inserting after clause (v) the following: (vi) contextual wayfinding markers; (vii) landscaping; (viii) cooperative mitigation of visual blight, including screening or removal; and ; and (2) by adding at the end the following: (6) Native plant materials In carrying out an activity described in paragraph (1), the Secretary shall ensure that the entity carrying out the activity considers, to the maximum extent practicable— (A) the use of locally adapted native plant materials; and (B) designs that minimize runoff and heat generation. . 1114. National highway freight program Section 167 of title 23, United States Code, is amended— (1) in subsection (e)— (A) in paragraph (2), by striking 150 miles and inserting 300 miles ; and (B) by adding at the end the following: (3) Rural states Notwithstanding paragraph (2), a State with a population per square mile of area that is less than the national average, based on the 2010 census, may designate as critical rural freight corridors a maximum of 600 miles of highway or 25 percent of the primary highway freight system mileage in the State, whichever is greater. ; (2) in subsection (f)(4), by striking 75 miles and inserting 150 miles ; and (3) in subsection (i)(5)(B)— (A) in the matter preceding clause (i), by striking 10 percent and inserting 30 percent ; (B) in clause (i), by striking and at the end; (C) in clause (ii), by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (iii) for the modernization or rehabilitation of a lock and dam, if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions; and (iv) on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing), if the Secretary determines that the project— (I) is functionally connected to the National Highway Freight Network; and (II) is likely to reduce on-road mobile source emissions. . 1115. Congestion mitigation and air quality improvement program Section 149 of title 23, United States Code, is amended— (1) in subsection (b)— (A) in the matter preceding paragraph (1), by striking subsection (d) and inserting subsections (d) and (m)(1)(B)(ii) ; (B) in paragraph (7), by inserting shared micromobility (including bikesharing and shared scooter systems), after carsharing, ; (C) in paragraph (8)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting replacements or before retrofits ; (II) by striking clause (i) and inserting the following: (i) verified technologies (as defined in section 791 of the Energy Policy Act of 2005 ( 42 U.S.C. 16131 )) for motor vehicles (as defined in section 216 of the Clean Air Act ( 42 U.S.C. 7550 )); or ; and (III) in clause (ii)(II), by striking or at the end; and (ii) in subparagraph (B), by inserting replacements or before retrofits ; and (iii) by adding at the end the following: (C) the purchase of medium- or heavy-duty zero emission vehicles and related charging equipment; ; (D) in paragraph (9), by striking the period at the end and inserting a semicolon; and (E) by adding at the end the following: (10) if the project is for the modernization or rehabilitation of a lock and dam that— (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard; or (11) if the project is on a marine highway corridor, connector, or crossing designated by the Secretary under section 55601(c) of title 46 (including an inland waterway corridor, connector, or crossing) that— (A) is functionally connected to the Federal-aid highway system; and (B) the Secretary determines is likely to contribute to the attainment or maintenance of a national ambient air quality standard. ; (2) in subsection (c), by adding at the end the following: (4) Locks and dams; marine highways For each fiscal year, a State may not obligate more than 10 percent of the funds apportioned to the State under section 104(b)(4) for projects described in paragraphs (10) and (11) of subsection (b). ; (3) in subsection (f)(4)(A), by inserting and nonroad vehicles and nonroad engines used in construction projects or port-related freight operations after motor vehicles ; (4) in subsection (g)— (A) in paragraph (1)(B)— (i) in the subparagraph heading, by inserting replacement or before retrofit ; (ii) by striking The term diesel retrofit and inserting The term diesel replacement or retrofit ; and (iii) by inserting or retrofit after replacement ; (B) in paragraph (2), in the matter preceding subparagraph (A), by inserting replacement or before retrofit ; and (C) in paragraph (3), by inserting replacements or before retrofits ; (5) in subsection (k)(1), by striking that reduce such fine particulate matter emissions in such area, including diesel retrofits. and inserting “that— (A) reduce such fine particulate matter emissions in such area, including diesel replacements or retrofits; and (B) to the extent practicable, prioritize benefits to minority populations or low-income populations living in, or immediately adjacent to, such area. ; (6) in subsection (l), by adding at the following: (3) Assistance to metropolitan planning organizations (A) In general On the request of a metropolitan planning organization, the Secretary may assist the metropolitan planning organization tracking progress made in minority or low-income populations as part of a performance plan under this subsection. (B) Savings provision Nothing in this paragraph provides the Secretary the authority— (i) to change the performance measures under section 150(c)(5) or the performance targets established under section 134(h)(2) or 150(d); or (ii) to establish any other Federal requirement. ; and (7) by striking subsection (m) and inserting the following: (m) Operating assistance (1) In general A State may obligate funds apportioned under section 104(b)(4) in an area of the State that is otherwise eligible for obligations of such funds for operating costs— (A) under chapter 53 of title 49; or (B) on— (i) a system for which CMAQ funding was eligible, made available, obligated, or expended in fiscal year 2012; or (ii) a State-supported Amtrak route with a valid cost-sharing agreement under section 209 of the Passenger Rail Investment and Improvement Act of 2008 ( 49 U.S.C. 24101 note; Public Law 110–432 ) and no current nonattainment areas under subsection (d). (2) No time limitation Operating assistance provided under paragraph (1) shall have no imposed time limitation if the operating assistance is for— (A) a route described in subparagraph (B)(ii) of that paragraph; or (B) a transit system that is located in— (i) a non-urbanized area; or (ii) an urbanized area with a population of 200,000 or fewer. . 1116. Alaska Highway Section 218 of title 23, United States Code, is amended to read as follows: 218. Alaska Highway (a) Recognizing the benefits that will accrue to the State of Alaska and to the United States from the reconstruction of the Alaska Highway from the Alaskan border at Beaver Creek, Yukon Territory, to Haines Junction in Canada and the Haines Cutoff Highway from Haines Junction in Canada to Haines, Alaska, the Secretary may provide for the necessary reconstruction of the highway using funds awarded through an applicable competitive grant program, if the highway meets all applicable eligibility requirements for the program, except for the specific requirements established by the agreement for the Alaska Highway Project between the Government of the United States and the Government of Canada. In addition to the funds described in the previous sentence, notwithstanding any other provision of law and on agreement with the State of Alaska, the Secretary is authorized to expend on such highway or the Alaska Marine Highway System any Federal-aid highway funds apportioned to the State of Alaska under this title at a Federal share of 100 per centum. No expenditures shall be made for the construction of the portion of such highways that are in Canada unless an agreement is in place between the Government of Canada and the Government of the United States (including an agreement in existence on the date of enactment of the Surface Transportation Reauthorization Act of 2021 ) that provides, in part, that the Canadian Government— (1) will provide, without participation of funds authorized under this title, all necessary right-of-way for the reconstruction of such highways; (2) will not impose any highway toll, or permit any such toll to be charged for the use of such highways by vehicles or persons; (3) will not levy or assess, directly or indirectly, any fee, tax, or other charge for the use of such highways by vehicles or persons from the United States that does not apply equally to vehicles or persons of Canada; (4) will continue to grant reciprocal recognition of vehicle registration and driver's licenses in accordance with agreements between the United States and Canada; and (5) will maintain such highways after their completion in proper condition adequately to serve the needs of present and future traffic. (b) The survey and construction work undertaken in Canada pursuant to this section shall be under the general supervision of the Secretary. (c) For purposes of this section, the term Alaska Marine Highway System includes all existing or planned transportation facilities and equipment in Alaska, including the lease, purchase, or construction of vessels, terminals, docks, floats, ramps, staging areas, parking lots, bridges and approaches thereto, and necessary roads. . 1117. Toll roads, bridges, tunnels, and ferries (a) In general Section 129(c) of title 23, United States Code, is amended in the matter preceding paragraph (1) by striking the construction of ferry boats and ferry terminal facilities, whether toll or free, and inserting the construction of ferry boats and ferry terminal facilities (including ferry maintenance facilities), whether toll or free, and the procurement of transit vehicles used exclusively as an integral part of an intermodal ferry trip, . (b) Diesel fuel ferry vessels (1) In general Notwithstanding section 147(b), in the case of a project to replace or retrofit a diesel fuel ferry vessel that provides substantial emissions reductions, the Federal share of the cost of the project may be up to 85 percent, as determined by the State. (2) Sunset The authority provided by paragraph (1) shall terminate on September 30, 2025. 1118. Bridge investment program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 123 the following: 124. Bridge investment program (a) Definitions In this section: (1) Eligible project (A) In general The term eligible project means a project to replace, rehabilitate, preserve, or protect 1 or more bridges on the National Bridge Inventory under section 144(b). (B) Inclusions The term eligible project includes— (i) a bundle of projects described in subparagraph (A), regardless of whether the bundle of projects meets the requirements of section 144(j)(5); and (ii) a project to replace or rehabilitate culverts for the purpose of improving flood control and improved habitat connectivity for aquatic species. (2) Large project The term large project means an eligible project with total eligible project costs of greater than $100,000,000. (3) Program The term program means the bridge investment program established by subsection (b)(1). (b) Establishment of bridge investment program (1) In general There is established a bridge investment program to provide financial assistance for eligible projects under this section. (2) Goals The goals of the program shall be— (A) to improve the safety, efficiency, and reliability of the movement of people and freight over bridges; (B) to improve the condition of bridges in the United States by reducing— (i) the number of bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (ii) the total person miles traveled over bridges— (I) in poor condition; or (II) in fair condition and at risk of falling into poor condition within the next 3 years; (iii) the number of bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (iv) the total person miles traveled over bridges that— (I) do not meet current geometric design standards; or (II) cannot meet the load and traffic requirements typical of the regional transportation network; and (C) to provide financial assistance that leverages and encourages non-Federal contributions from sponsors and stakeholders involved in the planning, design, and construction of eligible projects. (c) Grant authority (1) In general In carrying out the program, the Secretary may award grants, on a competitive basis, in accordance with this section. (2) Grant amounts Except as otherwise provided, a grant under the program shall be— (A) in the case of a large project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $50,000,000; and (B) in the case of any other eligible project, in an amount that is— (i) adequate to fully fund the project (in combination with other financial resources identified in the application); and (ii) not less than $2,500,000. (3) Maximum amount Except as otherwise provided, for an eligible project receiving assistance under the program, the amount of assistance provided by the Secretary under this section, as a share of eligible project costs, shall be— (A) in the case of a large project, not more than 50 percent; and (B) in the case of any other eligible project, not more than 80 percent. (4) Federal share (A) Maximum Federal involvement Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project for which a grant is made, except that the total Federal assistance provided for a project receiving a grant under the program may not exceed the Federal share for the project under section 120. (B) Off-system bridges In the case of an eligible project for an off-system bridge (as defined in section 133(f)(1))— (i) Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project; and (ii) notwithstanding subparagraph (A), the total Federal assistance provided for the project shall not exceed 90 percent of the total eligible project costs. (C) Federal land management agencies and Tribal governments Notwithstanding any other provision of law, Federal funds other than Federal funds made available under this section may be used to pay the remaining share of the cost of a project under the program by a Federal land management agency or a Tribal government or consortium of Tribal governments. (5) Considerations (A) In general In awarding grants under the program, the Secretary shall consider— (i) in the case of a large project, the ratings assigned under subsection (g)(5)(A); (ii) in the case of an eligible project other than a large project, the quality rating assigned under subsection (f)(3)(A)(ii); (iii) the average daily person and freight throughput supported by the eligible project; (iv) the number and percentage of bridges within the same State as the eligible project that are in poor condition; (v) the extent to which the eligible project demonstrates cost savings by bundling multiple bridge projects; (vi) in the case of an eligible project of a Federal land management agency, the extent to which the grant would reduce a Federal liability or Federal infrastructure maintenance backlog; (vii) geographic diversity among grant recipients, including the need for a balance between the needs of rural and urban communities; and (viii) the extent to which a bridge that would be assisted with a grant— (I) is, without that assistance— (aa) at risk of falling into or remaining in poor condition; or (bb) in fair condition and at risk of falling into poor condition within the next 3 years; (II) does not meet current geometric design standards based on— (aa) the current use of the bridge; or (bb) load and traffic requirements typical of the regional corridor or local network in which the bridge is located; or (III) does not meet current seismic design standards. (B) Requirement The Secretary shall— (i) give priority to an application for an eligible project that is located within a State for which— (I) 2 or more applications for eligible projects within the State were submitted for the current fiscal year and an average of 2 or more applications for eligible projects within the State were submitted in prior fiscal years of the program; and (II) fewer than 2 grants have been awarded for eligible projects within the State under the program; (ii) during the period of fiscal years 2022 through 2026, for each State described in clause (i), select— (I) not fewer than 1 large project that the Secretary determines is justified under the evaluation under subsection (g)(4); or (II) 2 eligible projects that are not large projects that the Secretary determines are justified under the evaluation under subsection (f)(3); and (iii) not be required to award a grant for an eligible project that the Secretary does not determine is justified under an evaluation under subsection (f)(3) or (g)(4). (6) Culvert limitation Not more than 5 percent of the amounts made available for each fiscal year for grants under the program may be used for eligible projects that consist solely of culvert replacement or rehabilitation. (d) Eligible entity The Secretary may make a grant under the program to any of the following: (1) A State or a group of States. (2) A metropolitan planning organization that serves an urbanized area (as designated by the Bureau of the Census) with a population of over 200,000. (3) A unit of local government or a group of local governments. (4) A political subdivision of a State or local government. (5) A special purpose district or public authority with a transportation function. (6) A Federal land management agency. (7) A Tribal government or a consortium of Tribal governments. (8) A multistate or multijurisdictional group of entities described in paragraphs (1) through (7). (e) Eligible project requirements The Secretary may make a grant under the program only to an eligible entity for an eligible project that— (1) in the case of a large project, the Secretary recommends for funding in the annual report on funding recommendations under subsection (g)(6), except as provided in subsection (g)(1)(B); (2) is reasonably expected to begin construction not later than 18 months after the date on which funds are obligated for the project; and (3) is based on the results of preliminary engineering. (f) Competitive process and evaluation of eligible projects other than large projects (1) Competitive process (A) In general The Secretary shall— (i) for the first fiscal year for which funds are made available for obligation under the program, not later than 60 days after the date on which the template under subparagraph (B)(i) is developed, and in subsequent fiscal years, not later than 60 days after the date on which amounts are made available for obligation under the program, solicit grant applications for eligible projects other than large projects; and (ii) not later than 120 days after the date on which the solicitation under clause (i) expires, conduct evaluations under paragraph (3). (B) Requirements In carrying out subparagraph (A), the Secretary shall— (i) develop a template for applicants to use to summarize project needs and benefits, including benefits described in paragraph (3)(B)(i); and (ii) enable applicants to use data from the National Bridge Inventory under section 144(b) to populate templates described in clause (i), as applicable. (2) Applications An eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Evaluation (A) In general Prior to providing a grant under this subsection, the Secretary shall— (i) conduct an evaluation of each eligible project for which an application is received under this subsection; and (ii) assign a quality rating to the eligible project on the basis of the evaluation under clause (i). (B) Requirements In carrying out an evaluation under subparagraph (A), the Secretary shall— (i) consider information on project benefits submitted by the applicant using the template developed under paragraph (1)(B)(i), including whether the project will generate, as determined by the Secretary— (I) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (II) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (III) safety benefits, including the reduction of accidents and related costs; (IV) person and freight mobility benefits, including congestion reduction and reliability improvements; (V) national or regional economic benefits; (VI) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (VII) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (VIII) environmental benefits, including wildlife connectivity; (IX) benefits to nonvehicular and public transportation users; (X) benefits of using— (aa) innovative design and construction techniques; or (bb) innovative technologies; or (XI) reductions in maintenance costs, including, in the case of a federally owned bridge, cost savings to the Federal budget; and (ii) consider whether and the extent to which the benefits, including the benefits described in clause (i), are more likely than not to outweigh the total project costs. (g) Competitive process, evaluation, and annual report for large projects (1) In general (A) Applications The Secretary shall establish an annual date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for a recommendation by the Secretary for funding in the next annual report under paragraph (6). (B) First fiscal year Notwithstanding subparagraph (A), for the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish a date by which an eligible entity submitting an application for a large project shall submit to the Secretary such information as the Secretary may require, including information described in paragraph (2), in order for a large project to be considered for immediate execution of a grant agreement. (2) Information required The information referred to in paragraph (1) includes— (A) all necessary information required for the Secretary to evaluate the large project; and (B) information sufficient for the Secretary to determine that— (i) the large project meets the applicable requirements under this section; and (ii) there is a reasonable likelihood that the large project will continue to meet the requirements under this section. (3) Determination; notice On making a determination that information submitted to the Secretary under paragraph (1) is sufficient, the Secretary shall provide a written notice of that determination to— (A) the eligible entity that submitted the application; (B) the Committee on Environment and Public Works of the Senate; and (C) the Committee on Transportation and Infrastructure of the House of Representatives. (4) Evaluation The Secretary may recommend a large project for funding in the annual report under paragraph (6), or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, immediately execute a grant agreement for a large project, only if the Secretary evaluates the proposed project and determines that the project is justified because the project— (A) addresses a need to improve the condition of the bridge, as determined by the Secretary, consistent with the goals of the program under subsection (b)(2); (B) will generate, as determined by the Secretary— (i) costs avoided by the prevention of closure or reduced use of the bridge to be improved by the project; (ii) in the case of a bundle of projects, benefits from executing the projects as a bundle compared to as individual projects; (iii) safety benefits, including the reduction of accidents and related costs; (iv) person and freight mobility benefits, including congestion reduction and reliability improvements; (v) national or regional economic benefits; (vi) benefits from long-term resiliency to extreme weather events, flooding, or other natural disasters; (vii) benefits from protection (as described in section 133(b)(10)), including improving seismic or scour protection; (viii) environmental benefits, including wildlife connectivity; (ix) benefits to nonvehicular and public transportation users; (x) benefits of using— (I) innovative design and construction techniques; or (II) innovative technologies; or (xi) reductions in maintenance costs, including, in the case of a federally owned bridge, cost savings to the Federal budget; (C) is cost effective based on an analysis of whether the benefits and avoided costs described in subparagraph (B) are expected to outweigh the project costs; (D) is supported by other Federal or non-Federal financial commitments or revenues adequate to fund ongoing maintenance and preservation; and (E) is consistent with the objectives of an applicable asset management plan of the project sponsor, including a State asset management plan under section 119(e) in the case of a project on the National Highway System that is sponsored by a State. (5) Ratings (A) In general The Secretary shall develop a methodology to evaluate and rate a large project on a 5-point scale (the points of which include high , medium-high , medium , medium-low , and low ) for each of— (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (B) Requirement To be considered justified and receive a recommendation for funding in the annual report under paragraph (6), a project shall receive a rating of not less than medium for each rating required under subparagraph (A). (C) Interim methodology In the first fiscal year for which funds are made available for obligation for grants under the program, the Secretary may establish an interim methodology to evaluate and rate a large project for each of— (i) paragraph (4)(B); (ii) paragraph (4)(C); and (iii) paragraph (4)(D). (6) Annual report on funding recommendations for large projects (A) In general Not later than the first Monday in February of each year, the Secretary shall submit to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Environment and Public Works and Appropriations of the Senate a report that includes— (i) a list of large projects that have requested a recommendation for funding under a new grant agreement from funds anticipated to be available to carry out this subsection in the next fiscal year; (ii) the evaluation under paragraph (4) and ratings under paragraph (5) for each project referred to in clause (i); (iii) the grant amounts that the Secretary recommends providing to large projects in the next fiscal year, including— (I) scheduled payments under previously signed multiyear grant agreements under subsection (j); (II) payments for new grant agreements, including single-year grant agreements and multiyear grant agreements; and (III) a description of how amounts anticipated to be available for the program from the Highway Trust Fund for that fiscal year will be distributed; and (iv) for each project for which the Secretary recommends a new multiyear grant agreement under subsection (j), the proposed payout schedule for the project. (B) Limitations (i) In general The Secretary shall not recommend in an annual report under this paragraph a new multiyear grant agreement provided from funds from the Highway Trust Fund unless the Secretary determines that the project can be completed using funds that are anticipated to be available from the Highway Trust Fund in future fiscal years. (ii) General fund projects The Secretary— (I) may recommend for funding in an annual report under this paragraph a large project using funds from the general fund of the Treasury; but (II) shall not execute a grant agreement for that project unless— (aa) funds other than from the Highway Trust Fund have been made available for the project; and (bb) the Secretary determines that the project can be completed using funds other than from the Highway Trust Fund that are anticipated to be available in future fiscal years. (C) Considerations In selecting projects to recommend for funding in the annual report under this paragraph, or, in the case of the first fiscal year for which funds are made available for obligation for grants under the program, projects for immediate execution of a grant agreement, the Secretary shall— (i) consider the amount of funds available in future fiscal years for multiyear grant agreements as described in subparagraph (B); and (ii) assume the availability of funds in future fiscal years for multiyear grant agreements that extend beyond the period of authorization based on the amount made available for large projects under the program in the last fiscal year of the period of authorization. (D) Project diversity In selecting projects to recommend for funding in the annual report under this paragraph, the Secretary shall ensure diversity among projects recommended based on— (i) the amount of the grant requested; and (ii) grants for an eligible project for 1 bridge compared to an eligible project that is a bundle of projects. (h) Eligible project costs A grant received for an eligible project under the program may be used for— (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements directly related to improving system performance; and (3) expenses related to the protection (as described in section 133(b)(10)) of a bridge, including seismic or scour protection. (i) TIFIA program On the request of an eligible entity carrying out an eligible project, the Secretary may use amounts awarded to the entity to pay subsidy and administrative costs necessary to provide to the entity Federal credit assistance under chapter 6 with respect to the eligible project for which the grant was awarded. (j) Multiyear grant agreements for large projects (1) In general A large project that receives a grant under the program in an amount of not less than $100,000,000 may be carried out through a multiyear grant agreement in accordance with this subsection. (2) Requirements A multiyear grant agreement for a large project described in paragraph (1) shall— (A) establish the terms of participation by the Federal Government in the project; (B) establish the maximum amount of Federal financial assistance for the project in accordance with paragraphs (3) and (4) of subsection (c); (C) establish a payout schedule for the project that provides for disbursement of the full grant amount by not later than 4 fiscal years after the fiscal year in which the initial amount is provided; (D) determine the period of time for completing the project, even if that period extends beyond the period of an authorization; and (E) attempt to improve timely and efficient management of the project, consistent with all applicable Federal laws (including regulations). (3) Special financial rules (A) In general A multiyear grant agreement under this subsection— (i) shall obligate an amount of available budget authority specified in law; and (ii) may include a commitment, contingent on amounts to be specified in law in advance for commitments under this paragraph, to obligate an additional amount from future available budget authority specified in law. (B) Statement of contingent commitment The agreement shall state that the contingent commitment is not an obligation of the Federal Government. (C) Interest and other financing costs (i) In general Interest and other financing costs of carrying out a part of the project within a reasonable time shall be considered a cost of carrying out the project under a multiyear grant agreement, except that eligible costs may not be more than the cost of the most favorable financing terms reasonably available for the project at the time of borrowing. (ii) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms. (4) Advance payment Notwithstanding any other provision of law, an eligible entity carrying out a large project under a multiyear grant agreement— (A) may use funds made available to the eligible entity under this title for eligible project costs of the large project until the amount specified in the multiyear grant agreement for the project for that fiscal year becomes available for obligation; and (B) if the eligible entity uses funds as described in subparagraph (A), the funds used shall be reimbursed from the amount made available under the multiyear grant agreement for the project. (k) Undertaking parts of projects in advance under letters of no prejudice (1) In general The Secretary may pay to an applicant all eligible project costs under the program, including costs for an activity for an eligible project incurred prior to the date on which the project receives funding under the program if— (A) before the applicant carries out the activity, the Secretary approves through a letter to the applicant the activity in the same manner as the Secretary approves other activities as eligible under the program; (B) a record of decision, a finding of no significant impact, or a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been issued for the eligible project; and (C) the activity is carried out without Federal assistance and in accordance with all applicable procedures and requirements. (2) Interest and other financing costs (A) In general For purposes of paragraph (1), the cost of carrying out an activity for an eligible project includes the amount of interest and other financing costs, including any interest earned and payable on bonds, to the extent interest and other financing costs are expended in carrying out the activity for the eligible project, except that interest and other financing costs may not be more than the cost of the most favorable financing terms reasonably available for the eligible project at the time of borrowing. (B) Certification The applicant shall certify to the Secretary that the applicant has shown reasonable diligence in seeking the most favorable financing terms under subparagraph (A). (3) No obligation or influence on recommendations An approval by the Secretary under paragraph (1)(A) shall not— (A) constitute an obligation of the Federal Government; or (B) alter or influence any evaluation under subsection (f)(3)(A)(i) or (g)(4) or any recommendation by the Secretary for funding under the program. (l) Federally owned bridges (1) Divestiture consideration In the case of a bridge owned by a Federal land management agency for which that agency applies for a grant under the program, the agency— (A) shall consider options to divest the bridge to a State or local entity after completion of the project; and (B) may apply jointly with the State or local entity to which the bridge may be divested. (2) Treatment Notwithstanding any other provision of law, section 129 shall apply to a bridge that was previously owned by a Federal land management agency and has been transferred to a non-Federal entity under paragraph (1) in the same manner as if the bridge was never federally owned. (m) Congressional notification Not later than 30 days before making a grant for an eligible project under the program, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a written notification of the proposed grant that includes— (1) an evaluation and justification for the eligible project; and (2) the amount of the proposed grant. (n) Reports (1) Annual report Not later than August 1 of each fiscal year, the Secretary shall make available on the website of the Department of Transportation an annual report that lists each eligible project for which a grant has been provided under the program during the fiscal year. (2) GAO assessment and report Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Comptroller General of the United States shall— (A) conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the funding of grants under the program; and (B) submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a report that describes— (i) the adequacy and fairness of the process under which each eligible project that received a grant under the program was selected; and (ii) the justification and criteria used for the selection of each eligible project. (o) Limitation (1) Large projects Of the amounts made available out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section for each of fiscal years 2022 through 2026, not less than 50 percent, in aggregate, shall be used for large projects. (2) Unutilized amounts If, in fiscal year 2026, the Secretary determines that grants under the program will not allow for the requirement under paragraph (1) to be met, the Secretary shall use the unutilized amounts to make other grants under the program during that fiscal year. (p) Tribal transportation facility bridge set aside (1) In general Of the amounts made available from the Highway Trust Fund (other than the Mass Transit Account) for a fiscal year to carry out this section, the Secretary shall use, to carry out section 202(d)— (A) $16,000,000 for fiscal year 2022; (B) $18,000,000 for fiscal year 2023; (C) $20,000,000 for fiscal year 2024; (D) $22,000,000 for fiscal year 2025; and (E) $24,000,000 for fiscal year 2026. (2) Treatment For purposes of section 201, funds made available for section 202(d) under paragraph (1) shall be considered to be part of the tribal transportation program. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 123 the following: 124. Bridge investment program. . 1119. Safe routes to school (a) In general Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following: 208. Safe routes to school (a) Definitions In this section: (1) In the vicinity of schools The term in the vicinity of schools , with respect to a school, means the approximately 2-mile area within bicycling and walking distance of the school. (2) Primary, middle, and high schools The term primary, middle, and high schools means schools providing education from kindergarten through 12th grade. (b) Establishment Subject to the requirements of this section, the Secretary shall establish and carry out a safe routes to school program for the benefit of children in primary, middle, and high schools. (c) Purposes The purposes of the program established under subsection (b) shall be— (1) to enable and encourage children, including those with disabilities, to walk and bicycle to school; (2) to make bicycling and walking to school a safer and more appealing transportation alternative, thereby encouraging a healthy and active lifestyle from an early age; and (3) to facilitate the planning, development, and implementation of projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools. (d) Apportionment of funds (1) In general Subject to paragraphs (2), (3), and (4), amounts made available to carry out this section for a fiscal year shall be apportioned among the States so that each State receives the amount equal to the proportion that— (A) the total student enrollment in primary, middle, and high schools in each State; bears to (B) the total student enrollment in primary, middle, and high schools in all States. (2) Minimum apportionment No State shall receive an apportionment under this section for a fiscal year of less than $1,000,000. (3) Set-aside for administrative expenses Before apportioning under this subsection amounts made available to carry out this section for a fiscal year, the Secretary shall set aside not more than $3,000,000 of those amounts for the administrative expenses of the Secretary in carrying out this section. (4) Determination of student enrollments Determinations under this subsection relating to student enrollments shall be made by the Secretary. (e) Administration of amounts Amounts apportioned to a State under this section shall be administered by the State department of transportation. (f) Eligible recipients Amounts apportioned to a State under this section shall be used by the State to provide financial assistance to State, local, Tribal, and regional agencies, including nonprofit organizations, that demonstrate an ability to meet the requirements of this section. (g) Eligible projects and activities (1) Infrastructure-related projects (A) In general Amounts apportioned to a State under this section may be used for the planning, design, and construction of infrastructure-related projects that will substantially improve the ability of students to walk and bicycle to school, including sidewalk improvements, traffic calming and speed reduction improvements, pedestrian and bicycle crossing improvements, on-street bicycle facilities, off-street bicycle and pedestrian facilities, secure bicycle parking facilities, and traffic diversion improvements in the vicinity of schools. (B) Location of projects Infrastructure-related projects under subparagraph (A) may be carried out on any public road or any bicycle or pedestrian pathway or trail in the vicinity of schools. (2) Noninfrastructure-related activities (A) In general In addition to projects described in paragraph (1), amounts apportioned to a State under this section may be used for noninfrastructure-related activities to encourage walking and bicycling to school, including public awareness campaigns and outreach to press and community leaders, traffic education and enforcement in the vicinity of schools, student sessions on bicycle and pedestrian safety, health, and environment, and funding for training, volunteers, and managers of safe routes to school programs. (B) Allocation Not less than 10 percent and not more than 30 percent of the amount apportioned to a State under this section for a fiscal year shall be used for noninfrastructure-related activities under this paragraph. (3) Safe routes to school coordinator Each State shall use a sufficient amount of the apportionment of the State for each fiscal year to fund a full-time position of coordinator of the safe routes to school program of the State. (h) Clearinghouse (1) In general The Secretary shall make grants to a national nonprofit organization engaged in promoting safe routes to schools— (A) to operate a national safe routes to school clearinghouse; (B) to develop information and educational programs on safe routes to school; and (C) to provide technical assistance and disseminate techniques and strategies used for successful safe routes to school programs. (2) Funding The Secretary shall carry out this subsection using amounts set aside for administrative expenses under subsection (d)(3). (i) Treatment of projects Notwithstanding any other provision of law, a project assisted under this section shall be treated as a project on a Federal-aid highway under chapter 1. . (b) Conforming amendments (1) The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following: 208. Safe routes to school. . (2) Section 1404 of SAFETEA–LU ( 23 U.S.C. 402 note; Public Law 109–59 ) is repealed. (3) The table of contents in section 1(b) of SAFETEA–LU ( Public Law 109–59 ; 119 Stat. 1144) is amended by striking the item relating to section 1404. 1120. Highway use tax evasion projects Section 143(b)(2)(A) of title 23, United States Code, is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 1121. Construction of ferry boats and ferry terminal facilities Section 147 of title 23, United States Code, is amended by striking subsection (h) and inserting the following: (h) Authorization of appropriations There are authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section— (1) $110,000,000 for fiscal year 2022; (2) $112,000,000 for fiscal year 2023; (3) $114,000,000 for fiscal year 2024; (4) $116,000,000 for fiscal year 2025; and (5) $118,000,000 for fiscal year 2026. . 1122. Vulnerable road user research (a) Definitions In this subsection: (1) Administrator The term Administrator means the Secretary, acting through the Administrator of the Federal Highway Administration. (2) Vulnerable road user The term vulnerable road user has the meaning given the term in section 148(a) of title 23, United States Code. (b) Establishment of research plan The Administrator shall establish a research plan to prioritize research on roadway designs, the development of safety countermeasures to minimize fatalities and serious injuries to vulnerable road users, and the promotion of bicycling and walking, including research relating to— (1) roadway safety improvements, including traffic calming techniques and vulnerable road user accommodations appropriate in a suburban arterial context; (2) the impacts of traffic speeds, and access to low-traffic stress corridors, on safety and rates of bicycling and walking; (3) tools to evaluate the impact of transportation improvements on projected rates and safety of bicycling and walking; and (4) other research areas to be determined by the Administrator. (c) Vulnerable road user assessments The Administrator shall— (1) review each vulnerable road user safety assessment submitted by a State under section 148(l) of title 23, United States Code, and other relevant sources of data to determine what, if any, standard definitions and methods should be developed through guidance to enable a State to collect pedestrian injury and fatality data; and (2) in the first progress update under subsection (d)(2), provide— (A) the results of the determination described in paragraph (1); and (B) the recommendations of the Secretary with respect to the collection and reporting of data on the safety of vulnerable road users. (d) Submission; publication (1) Submission of plan Not later than 180 days after the date of enactment of this Act, the Administrator shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the research plan described in subsection (b). (2) Progress updates Not later than 2 years after the date of enactment of this Act, and biannually thereafter, the Administrator shall submit to the Committees described in paragraph (1)— (A) updates on the progress and findings of the research conducted pursuant to the plan described in subsection (b); and (B) in the first submission under this paragraph, the results and recommendations described in subsection (c)(2). 1123. Wildlife crossing safety (a) Declaration of policy Section 101(b)(3)(D) of title 23, United States Code, is amended, in the matter preceding clause (i), by inserting resilient, after efficient, . (b) Wildlife crossings pilot program (1) In general Chapter 1 of title 23, United States Code, is amended by adding at the end the following: 171. Wildlife crossings pilot program (a) Finding Congress finds that greater adoption of wildlife-vehicle collision safety countermeasures is in the public interest because— (1) according to the report of the Federal Highway Administration entitled Wildlife-Vehicle Collision Reduction Study , there are more than 1,000,000 wildlife-vehicle collisions every year; (2) wildlife-vehicle collisions— (A) present a danger to— (i) human safety; and (ii) wildlife survival; and (B) represent a persistent concern that results in tens of thousands of serious injuries and hundreds of fatalities on the roadways of the United States; (3) the total annual cost associated with wildlife-vehicle collisions has been estimated to be $8,388,000,000; and (4) wildlife-vehicle collisions are a major threat to the survival of species, including birds, reptiles, mammals, and amphibians. (b) Establishment The Secretary shall establish a competitive wildlife crossings pilot program (referred to in this section as the pilot program ) to provide grants for projects that seek to achieve— (1) a reduction in the number of wildlife-vehicle collisions; and (2) in carrying out the purpose described in paragraph (1), improved habitat connectivity for terrestrial and aquatic species. (c) Eligible entities An entity eligible to apply for a grant under the pilot program is— (1) a State highway agency, or an equivalent of that agency; (2) a metropolitan planning organization (as defined in section 134(b)); (3) a unit of local government; (4) a regional transportation authority; (5) a special purpose district or public authority with a transportation function, including a port authority; (6) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); (7) a Federal land management agency; or (8) a group of any of the entities described in paragraphs (1) through (7). (d) Applications (1) In general To be eligible to receive a grant under the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirement If an application under paragraph (1) is submitted by an eligible entity other than an eligible entity described in paragraph (1) or (7) of subsection (c), the application shall include documentation that the State highway agency, or an equivalent of that agency, of the State in which the eligible entity is located was consulted during the development of the application. (3) Guidance To enhance consideration of current and reliable data, eligible entities may obtain guidance from an agency in the State with jurisdiction over fish and wildlife. (e) Considerations In selecting grant recipients under the pilot program, the Secretary shall take into consideration the following: (1) Primarily, the extent to which the proposed project of an eligible entity is likely to protect motorists and wildlife by reducing the number of wildlife-vehicle collisions and improve habitat connectivity for terrestrial and aquatic species. (2) Secondarily, the extent to which the proposed project of an eligible entity is likely to accomplish the following: (A) Leveraging Federal investment by encouraging non-Federal contributions to the project, including projects from public-private partnerships. (B) Supporting local economic development and improvement of visitation opportunities. (C) Incorporation of innovative technologies, including advanced design techniques and other strategies to enhance efficiency and effectiveness in reducing wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species. (D) Provision of educational and outreach opportunities. (E) Monitoring and research to evaluate, compare effectiveness of, and identify best practices in, selected projects. (F) Any other criteria relevant to reducing the number of wildlife-vehicle collisions and improving habitat connectivity for terrestrial and aquatic species, as the Secretary determines to be appropriate, subject to the condition that the implementation of the pilot program shall not be delayed in the absence of action by the Secretary to identify additional criteria under this subparagraph. (f) Use of funds (1) In general The Secretary shall ensure that a grant received under the pilot program is used for a project to reduce wildlife-vehicle collisions. (2) Grant administration (A) In general A grant received under the pilot program shall be administered by— (i) in the case of a grant to a Federal land management agency or an Indian tribe (as defined in section 207(m)(1), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ))), the Federal Highway Administration, through an agreement; and (ii) in the case of a grant to an eligible entity other than an eligible entity described in clause (i), the State highway agency, or an equivalent of that agency, for the State in which the project is to be carried out. (B) Partnerships (i) In general A grant received under the pilot program may be used to provide funds to eligible partners of the project for which the grant was received described in clause (ii), in accordance with the terms of the project agreement. (ii) Eligible partners described The eligible partners referred to in clause (i) include— (I) a metropolitan planning organization (as defined in section 134(b)); (II) a unit of local government; (III) a regional transportation authority; (IV) a special purpose district or public authority with a transportation function, including a port authority; (V) an Indian tribe (as defined in section 207(m)(1)), including a Native village and a Native Corporation (as those terms are defined in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 )); (VI) a Federal land management agency; (VII) a foundation, nongovernmental organization, or institution of higher education; (VIII) a Federal, Tribal, regional, or State government entity; and (IX) a group of any of the entities described in subclauses (I) through (VIII). (3) Compliance An eligible entity that receives a grant under the pilot program and enters into a partnership described in paragraph (2) shall establish measures to verify that an eligible partner that receives funds from the grant complies with the conditions of the pilot program in using those funds. (g) Requirement The Secretary shall ensure that not less than 60 percent of the amounts made available for grants under the pilot program each fiscal year are for projects located in rural areas. (h) Annual report to Congress (1) In general Not later than December 31 of each calendar year, the Secretary shall submit to Congress, and make publicly available, a report describing the activities under the pilot program for the fiscal year that ends during that calendar year. (2) Contents The report under paragraph (1) shall include— (A) a detailed description of the activities carried out under the pilot program; (B) an evaluation of the effectiveness of the pilot program in meeting the purposes described in subsection (b); and (C) policy recommendations to improve the effectiveness of the pilot program. . (2) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 170 the following: 171. Wildlife crossings pilot program. . (c) Wildlife vehicle collision reduction and habitat connectivity improvement (1) In general Chapter 1 of title 23, United States Code (as amended by subsection (b)(1)), is amended by adding at the end the following: 172. Wildlife-vehicle collision reduction and habitat connectivity improvement (a) Study (1) In general The Secretary shall conduct a study (referred to in this subsection as the study ) of the state, as of the date of the study, of the practice of methods to reduce collisions between motorists and wildlife (referred to in this section as wildlife-vehicle collisions ). (2) Contents (A) Areas of study The study shall— (i) update and expand on, as appropriate— (I) the report entitled Wildlife Vehicle Collision Reduction Study: 2008 Report to Congress ; and (II) the document entitled Wildlife Vehicle Collision Reduction Study: Best Practices Manual and dated October 2008; and (ii) include— (I) an assessment, as of the date of the study, of— (aa) the causes of wildlife-vehicle collisions; (bb) the impact of wildlife-vehicle collisions on motorists and wildlife; and (cc) the impacts of roads and traffic on habitat connectivity for terrestrial and aquatic species; and (II) solutions and best practices for— (aa) reducing wildlife-vehicle collisions; and (bb) improving habitat connectivity for terrestrial and aquatic species. (B) Methods In carrying out the study, the Secretary shall— (i) conduct a thorough review of research and data relating to— (I) wildlife-vehicle collisions; and (II) habitat fragmentation that results from transportation infrastructure; (ii) survey current practices of the Department of Transportation and State departments of transportation to reduce wildlife-vehicle collisions; and (iii) consult with— (I) appropriate experts in the field of wildlife-vehicle collisions; and (II) appropriate experts on the effects of roads and traffic on habitat connectivity for terrestrial and aquatic species. (3) Report (A) In general Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report on the results of the study. (B) Contents The report under subparagraph (A) shall include— (i) a description of— (I) the causes of wildlife-vehicle collisions; (II) the impacts of wildlife-vehicle collisions; and (III) the impacts of roads and traffic on— (aa) species listed as threatened species or endangered species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (bb) species identified by States as species of greatest conservation need; (cc) species identified in State wildlife plans; and (dd) medium and small terrestrial and aquatic species; (ii) an economic evaluation of the costs and benefits of installing highway infrastructure and other measures to mitigate damage to terrestrial and aquatic species, including the effect on jobs, property values, and economic growth to society, adjacent communities, and landowners; (iii) recommendations for preventing wildlife-vehicle collisions, including recommended best practices, funding resources, or other recommendations for addressing wildlife-vehicle collisions; and (iv) guidance, developed in consultation with Federal land management agencies and State departments of transportation, State fish and wildlife agencies, and Tribal governments that agree to participate, for developing, for each State that agrees to participate, a voluntary joint statewide transportation and wildlife action plan— (I) to address wildlife-vehicle collisions; and (II) to improve habitat connectivity for terrestrial and aquatic species. (b) Workforce development and technical training (1) In general Not later than 3 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall, based on the study conducted under subsection (a), develop a series of in-person and online workforce development and technical training courses— (A) to reduce wildlife-vehicle collisions; and (B) to improve habitat connectivity for terrestrial and aquatic species. (2) Availability The Secretary shall— (A) make the series of courses developed under paragraph (1) available for transportation and fish and wildlife professionals; and (B) update the series of courses not less frequently than once every 2 years. (c) Standardization of wildlife collision and carcass data (1) Standardized methodology (A) In general The Secretary, acting through the Administrator of the Federal Highway Administration (referred to in this subsection as the Secretary ), shall develop a quality standardized methodology for collecting and reporting spatially accurate wildlife collision and carcass data for the National Highway System, considering the practicability of the methodology with respect to technology and cost. (B) Methodology In developing the standardized methodology under subparagraph (A), the Secretary shall— (i) survey existing methodologies and sources of data collection, including the Fatality Analysis Reporting System, the General Estimates System of the National Automotive Sampling System, and the Highway Safety Information System; and (ii) to the extent practicable, identify and correct limitations of those existing methodologies and sources of data collection. (C) Consultation In developing the standardized methodology under subparagraph (A), the Secretary shall consult with— (i) the Secretary of the Interior; (ii) the Secretary of Agriculture, acting through the Chief of the Forest Service; (iii) Tribal, State, and local transportation and wildlife authorities; (iv) metropolitan planning organizations (as defined in section 134(b)); (v) members of the American Association of State Highway Transportation Officials; (vi) members of the Association of Fish and Wildlife Agencies; (vii) experts in the field of wildlife-vehicle collisions; (viii) nongovernmental organizations; and (ix) other interested stakeholders, as appropriate. (2) Standardized national data system with voluntary template implementation The Secretary shall— (A) develop a template for State implementation of a standardized national wildlife collision and carcass data system for the National Highway System that is based on the standardized methodology developed under paragraph (1); and (B) encourage the voluntary implementation of the template developed under subparagraph (A). (3) Reports (A) Methodology The Secretary shall submit to Congress a report describing the standardized methodology developed under paragraph (1) not later than the later of— (i) the date that is 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 ; and (ii) the date that is 180 days after the date on which the Secretary completes the development of the standardized methodology. (B) Implementation Not later than 4 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report describing— (i) the status of the voluntary implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A); (ii) whether the implementation of the standardized methodology developed under paragraph (1) and the template developed under paragraph (2)(A) has impacted efforts by States, units of local government, and other entities— (I) to reduce the number of wildlife-vehicle collisions; and (II) to improve habitat connectivity; (iii) the degree of the impact described in clause (ii); and (iv) the recommendations of the Secretary, including recommendations for further study aimed at reducing motorist collisions involving wildlife and improving habitat connectivity for terrestrial and aquatic species on the National Highway System, if any. (d) National threshold guidance The Secretary shall— (1) establish guidance, to be carried out by States on a voluntary basis, that contains a threshold for determining whether a highway shall be evaluated for potential mitigation measures to reduce wildlife-vehicle collisions and increase habitat connectivity for terrestrial and aquatic species, taking into consideration— (A) the number of wildlife-vehicle collisions on the highway that pose a human safety risk; (B) highway-related mortality and the effects of traffic on the highway on— (i) species listed as endangered species or threatened species under the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (ii) species identified by a State as species of greatest conservation need; (iii) species identified in State wildlife plans; and (iv) medium and small terrestrial and aquatic species; and (C) habitat connectivity values for terrestrial and aquatic species and the barrier effect of the highway on the movements and migrations of those species. . (2) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by subsection (b)(2)) is amended by inserting after the item relating to section 171 the following: 172. Wildlife-vehicle collision reduction and habitat connectivity improvement. . (d) Wildlife crossings standards Section 109(c)(2) of title 23, United States Code, is amended— (1) in subparagraph (E), by striking and at the end; (2) by redesignating subparagraph (F) as subparagraph (G); and (3) by inserting after subparagraph (E) the following: (F) the publication of the Federal Highway Administration entitled Wildlife Crossing Structure Handbook: Design and Evaluation in North America and dated March 2011; and . (e) Wildlife habitat connectivity and national bridge and tunnel inventory and inspection standards Section 144 of title 23, United States Code, is amended— (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting , resilience, after safety ; (B) in subparagraph (D), by striking and at the end; (C) in subparagraph (E), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (F) to ensure adequate passage of aquatic and terrestrial species, where appropriate. ; (2) in subsection (b)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) determine if the replacement or rehabilitation of bridges and tunnels should include measures to enable safe and unimpeded movement for terrestrial and aquatic species. ; and (3) in subsection (i), by adding at the end the following: (3) Requirement The first revision under paragraph (2) after the date of enactment of the Surface Transportation Reauthorization Act of 2021 shall include techniques to assess passage of aquatic and terrestrial species and habitat restoration potential. . 1124. Consolidation of programs Section 1519(a) of MAP–21 ( Public Law 112–141 ; 126 Stat. 574; 129 Stat. 1423) is amended, in the matter preceding paragraph (1), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 1125. State freight advisory committees Section 70201 of title 49, United States Code, is amended— (1) in subsection (a), by striking representatives of ports, freight railroads, and all that follows through the period at the end and inserting the following: representatives of— (1) ports, if applicable; (2) freight railroads, if applicable; (3) shippers; (4) carriers; (5) freight-related associations; (6) third-party logistics providers; (7) the freight industry workforce; (8) the transportation department of the State; (9) metropolitan planning organizations; (10) local governments; (11) the environmental protection department of the State, if applicable; (12) the air resources board of the State, if applicable; and (13) economic development agencies of the State. ; (2) in subsection (b)(5), by striking 70202. and inserting 70202, including by providing advice regarding the development of the freight investment plan. ; (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following: (b) Qualifications Each member of a freight advisory committee established under subsection (a) shall have qualifications sufficient to serve on a freight advisory committee, including, as applicable— (1) general business and financial experience; (2) experience or qualifications in the areas of freight transportation and logistics; (3) experience in transportation planning; (4) experience representing employees of the freight industry; or (5) experience representing a State, local government, or metropolitan planning organization. . 1126. Territorial and Puerto Rico highway program Section 165 of title 23, United States Code, is amended— (1) in subsection (a), by striking paragraphs (1) and (2) and inserting the following: (1) for the Puerto Rico highway program under subsection (b)— (A) $173,010,000 shall be for fiscal year 2022; (B) $176,960,000 shall be for fiscal year 2023; (C) $180,120,000 shall be for fiscal year 2024; (D) $183,675,000 shall be for fiscal year 2025; and (E) $187,230,000 shall be for fiscal year 2026; and (2) for the territorial highway program under subsection (c)— (A) $45,990,000 shall be for fiscal year 2022; (B) $47,040,000 shall be for fiscal year 2023; (C) $47,880,000 shall be for fiscal year 2024; (D) $48,825,000 shall be for fiscal year 2025; and (E) $49,770,000 shall be for fiscal year 2026. ; (2) in subsection (b)(2)(C)(iii), by inserting and preventative maintenance on the National Highway System after chapter 1 ; and (3) in subsection (c)(7), by striking paragraphs (1) through (4) of section 133(c) and section 133(b)(12) and inserting paragraphs (1), (2), (3), and (5) of section 133(c) and section 133(b)(13) . 1127. Nationally significant Federal lands and Tribal projects program Section 1123 of the FAST Act ( 23 U.S.C. 201 note; Public Law 114–94 ) is amended— (1) in subsection (c)(3), by striking $25,000,000 and all that follows through the period at the end and inserting $12,500,000. ; (2) in subsection (g)— (A) by striking the subsection designation and heading and all that follows through The Federal in paragraph (1) and inserting the following: (g) Cost share (1) Federal share (A) In general Except as provided in subparagraph (B), the Federal ; (B) in paragraph (1), by adding at the end the following: (B) Tribal projects In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent. ; and (C) in paragraph (2), by striking other than those made available under title 23 or title 49, United States Code, ; and (3) by striking subsection (h) and inserting the following: (h) Use of funds (1) In general For each fiscal year, of the amounts made available to carry out this section— (A) 50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and (B) 50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). (2) Requirement Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. (3) Availability Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. . 1128. Tribal high priority projects program Section 1123(h) of MAP–21 ( 23 U.S.C. 202 note; Public Law 112–141 ) is amended— (1) by redesignating paragraph (2) as paragraph (3); (2) in paragraph (3) (as so redesignated), in the matter preceding subparagraph (A), by striking paragraph (1) and inserting paragraphs (1) and (2) ; and (3) by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following: (h) Funding (1) Set-aside For each of fiscal years 2022 through 2026, of the amounts made available to carry out the tribal transportation program under section 202 of title 23, United States Code, for that fiscal year, the Secretary shall use $9,000,000 to carry out the program. (2) Authorization of appropriations In addition to amounts made available under paragraph (1), there is authorized to be appropriated $30,000,000 out of the general fund of the Treasury to carry out the program for each of fiscal years 2022 through 2026. . 1129. Standards Section 109 of title 23, United States Code, is amended— (1) in subsection (d)— (A) by striking (d) On any and inserting the following: (d) Manual on Uniform Traffic Control Devices (1) In general On any ; (B) in paragraph (1) (as so designated), by striking promote the safe and inserting promote the safety, inclusion, and mobility of all users ; and (C) by adding at the end the following: (2) Updates Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 and not less frequently than every 4 years thereafter, the Secretary shall update the Manual on Uniform Traffic Control Devices. ; (2) in subsection (o)— (A) by striking Projects and inserting: (A) In general Projects ; and (B) by inserting at the end the following: (B) Local jurisdictions Notwithstanding subparagraph (A), a local jurisdiction may use a roadway design guide recognized by the Federal Highway Administration and adopted by the local jurisdiction that is different from the roadway design guide used by the State in which the local jurisdiction is located for the design of projects on all roadways under the ownership of the local jurisdiction (other than a highway on the National Highway System) for which the local jurisdiction is the project sponsor, provided that the design complies with all other applicable Federal laws. ; and (3) by adding at the end the following: (s) Electric vehicle charging stations (1) Standards Electric vehicle charging infrastructure installed using funds provided under this title shall provide, at a minimum— (A) non-proprietary charging connectors that meet applicable industry safety standards; and (B) open access to payment methods that are available to all members of the public to ensure secure, convenient, and equal access to the electric vehicle charging infrastructure that shall not be limited by membership to a particular payment provider. (2) Treatment of projects Notwithstanding any other provision of law, a project to install electric vehicle charging infrastructure using funds provided under this title shall be treated as if the project is located on a Federal-aid highway. . 1130. Public transportation (a) In general Section 142(a) of title 23, United States Code, is amended by adding at the end the following: (3) Bus corridors In addition to the projects described in paragraphs (1) and (2), the Secretary may approve payment from sums apportioned under paragraph (2) or (7) of section 104(b) for carrying out a capital project for the construction of a bus rapid transit corridor or dedicated bus lanes, including the construction or installation of— (A) traffic signaling and prioritization systems; (B) redesigned intersections that are necessary for the establishment of a bus rapid transit corridor; (C) on-street stations; (D) fare collection systems; (E) information and wayfinding systems; and (F) depots. . (b) Technical correction Section 142 of title 23, United States Code, is amended by striking subsection (i). 1131. Rural opportunities to use transportation for economic success council (a) Definitions In this section: (1) Council The term Council means the Rural Opportunities to Use Transportation for Economic Success Council, or the ROUTES Council, established under subsection (b). (2) Disadvantaged rural community The term disadvantaged rural community means a community— (A) in a rural area; and (B) the annual median household income of which is less than 80 percent of the annual median household income of the State in which the community is located. (3) Discretionary funding and financing programs The term discretionary funding and financing programs means— (A) the programs described in section 116(d)(1) of title 49, United States Code; and (B) any other program of the Department, as determined by the Secretary. (4) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Rural area The term rural area means an area that is outside an urbanized area with a population of over 200,000. (b) Establishment The Secretary shall establish in the Department a council, to be known as the Rural Opportunities to Use Transportation for Economic Success Council , or the ROUTES Council , to coordinate with— (1) modal administrations and offices of the Department; and (2) other Federal agencies, as appropriate— (A) to ensure that the unique transportation needs and attributes of rural areas, Indian Tribes, and disadvantaged rural communities are fully addressed during the development and implementation of programs, policies, and activities of the Department; (B) to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the qualify of life of, rural areas, Indian Tribes, and disadvantaged rural communities; and (C) to provide rural areas, Indian Tribes, and disadvantaged rural communities with proactive outreach— (i) to improve access to discretionary funding and financing programs; and (ii) to facilitate timely resolution on environmental reviews for complex or high-priority projects. (c) Membership; chairperson The Council shall be composed of— (1) the Deputy Secretary of Transportation, who shall serve as the chairperson of the Council; (2) the Under Secretary of Transportation for Policy; (3) the General Counsel of the Department; (4) the Chief Financial Officer and Assistant Secretary for Budget and Programs; (5) the Assistant Secretary for Research and Technology; (6) the Assistant Secretary for Transportation Policy; (7) the Deputy Assistant Secretary for Tribal Government Affairs; (8) the Administrator of each of— (A) the Federal Highway Administration; (B) the Federal Railroad Administration; and (C) the Federal Transit Administration; and (9) such other individuals, who shall serve as at-large members, as the Secretary may designate. (d) Duties The Council shall— (1) educate and provide technical assistance to rural areas, Indian Tribes, and disadvantaged rural communities with respect to discretionary funding and financing programs; (2) carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas, Indian Tribes, and disadvantaged rural communities; (3) gather input from knowledgeable entities and the public relating to— (A) the benefits of transportation projects to rural areas, Indian Tribes, and disadvantaged rural communities; and (B) the barriers to advancing those projects; and (4) perform such other duties, as determined by the Secretary. (e) Additional staffing The Secretary shall ensure the Council has adequate staff support to carry out the duties of the Council under subsection (d). (f) Report The Council shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual report that describes the activities carried out by the Council under subsection (d). 1132. Reservation of certain funds (a) Open container requirements Section 154(c)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking 2012 and inserting 2022 ; (2) by striking subparagraph (A) and inserting the following: (A) Reservation of funds (i) In general On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). (ii) States described A State referred to in clause (i) is a State— (I) that has not enacted or is not enforcing an open container law described in subsection (b); and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing an open container law described in subsection (b). ; and (3) in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) . (b) Repeat intoxicated driver laws Section 164(b)(2) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking 2012 and inserting 2022 ; (2) by striking subparagraph (A) and inserting the following: (A) Reservation of funds (i) In general On October 1, 2021, and each October 1 thereafter, in the case of a State described in clause (ii), the Secretary shall reserve an amount equal to 2.5 percent of the funds to be apportioned to the State on that date under each of paragraphs (1) and (2) of section 104(b) until the State certifies to the Secretary the means by which the State will use those reserved funds in accordance with subparagraphs (A) and (B) of paragraph (1), and paragraph (3). (ii) States described A State referred to in clause (i) is a State— (I) that has not enacted or is not enforcing a repeat intoxicated driver law; and (II) for which the Secretary determined for the prior fiscal year that the State had not enacted or was not enforcing a repeat intoxicated driver law. ; and (3) in subparagraph (B), in the matter preceding clause (i), by striking subparagraph (A) and inserting subparagraph (A)(i) . 1133. Rural surface transportation grant program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1123(c)(1)), is amended by adding at the end the following: 173. Rural surface transportation grant program (a) Definitions In this section: (1) Program The term program means the program established under subsection (b)(1). (2) Rural area The term rural area means an area that is outside an urbanized area with a population of over 200,000. (b) Establishment (1) In general The Secretary shall establish a rural surface transportation grant program to provide grants, on a competitive basis, to eligible entities to improve and expand the surface transportation infrastructure in rural areas. (2) Goals The goals of the program shall be— (A) to increase connectivity; (B) to improve the safety and reliability of the movement of people and freight; and (C) to generate regional economic growth and improve quality of life. (3) Grant administration The Secretary may— (A) retain not more than a total of 2 percent of the funds made available to carry out the program and to review applications for grants under the program; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under the program. (c) Eligible entities The Secretary may make a grant under the program to— (1) a State; (2) a regional transportation planning organization; (3) a unit of local government; (4) a Tribal government or a consortium of Tribal governments; and (5) a multijurisdictional group of entities described in paragraphs (1) through (4). (d) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary may require. (e) Eligible projects (1) In general Except as provided in paragraph (2), the Secretary may make a grant under the program only for a project that is— (A) a highway, bridge, or tunnel project eligible under section 119(d); (B) a highway, bridge, or tunnel project eligible under section 133(b); (C) a project eligible under section 202(a); (D) a highway freight project eligible under section 167(h)(5); (E) a highway safety improvement project, including a project to improve a high risk rural road (as those terms are defined in section 148(a)); (F) a project on a publicly owned highway or bridge that provides or increases access to an agricultural, commercial, energy, or intermodal facility that supports the economy of a rural area; or (G) a project to develop, establish, or maintain an integrated mobility management system, a transportation demand management system, or on-demand mobility services. (2) Bundling of eligible projects (A) In general An eligible entity may bundle 2 or more similar eligible projects under the program that are— (i) included as a bundled project in a statewide transportation improvement program under section 135; and (ii) awarded to a single contractor or consultant pursuant to a contract for engineering and design or construction between the contractor and the eligible entity. (B) Itemization Notwithstanding any other provision of law (including regulations), a bundling of eligible projects under this paragraph may be considered to be a single project, including for purposes of section 135. (f) Eligible project costs An eligible entity may use funds from a grant under the program for— (1) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (2) construction, reconstruction, rehabilitation, acquisition of real property (including land related to the project and improvements to the land), environmental mitigation, construction contingencies, acquisition of equipment, and operational improvements. (g) Project requirements The Secretary may provide a grant under the program to an eligible project only if the Secretary determines that the project— (1) will generate regional economic, mobility, or safety benefits; (2) will be cost effective; (3) will contribute to the accomplishment of 1 or more of the national goals under section 150; (4) is based on the results of preliminary engineering; and (5) is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project. (h) Additional considerations In providing grants under the program, the Secretary shall consider the extent to which an eligible project will— (1) improve the state of good repair of existing highway, bridge, and tunnel facilities; (2) increase the capacity or connectivity of the surface transportation system and improve mobility for residents of rural areas; (3) address economic development and job creation challenges, including energy sector job losses in energy communities as identified in the report released in April 2021 by the interagency working group established by section 218 of Executive Order 14008 (86 Fed. Reg. 7628 (February 1, 2021)); (4) enhance recreational and tourism opportunities by providing access to Federal land, national parks, national forests, national recreation areas, national wildlife refuges, wilderness areas, or State parks; (5) contribute to geographic diversity among grant recipients; (6) utilize innovative project delivery approaches or incorporate transportation technologies; (7) coordinate with projects to address broadband infrastructure needs; or (8) improve access to emergency care, essential services, healthcare providers, or drug and alcohol treatment and rehabilitation resources. (i) Grant amount Except as provided in subsection (k)(1), a grant under the program shall be in an amount that is not less than $25,000,000. (j) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of a project carried out with a grant under the program may not exceed 80 percent. (2) Federal share for certain projects The Federal share of the cost of an eligible project that furthers the completion of a designated segment of the Appalachian Development Highway System under section 14501 of title 40, or addresses a surface transportation infrastructure need identified for the Denali access system program under section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ) shall be up to 100 percent, as determined by the State. (3) Use of other Federal assistance Federal assistance other than a grant under the program may be used to satisfy the non-Federal share of the cost of a project carried out with a grant under the program. (k) Set asides (1) Small projects The Secretary shall use not more than 10 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects in an amount that is less than $25,000,000. (2) Appalachian development highway system The Secretary shall reserve 25 percent of the amounts made available for the program for each fiscal year for eligible projects that further the completion of designated routes of the Appalachian Development Highway System under section 14501 of title 40. (3) Rural roadway lane departures The Secretary shall reserve 15 percent of the amounts made available for the program for each fiscal year to provide grants for eligible projects located in States that have rural roadway fatalities as a result of lane departures that are greater than the average of rural roadway fatalities as a result of lane departures in the United States, based on the latest available data from the Secretary. (4) Excess funding In any fiscal year in which qualified applications for grants under this subsection do not allow for the amounts reserved under paragraphs (1), (2), or (3) to be fully utilized, the Secretary shall use the unutilized amounts to make other grants under the program. (l) Congressional review (1) Notification Not less than 60 days before providing a grant under the program, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives— (A) a list of all applications determined to be eligible for a grant by the Secretary; (B) each application proposed to be selected for a grant, including a justification for the selection; and (C) proposed grant amounts. (2) Committee review Before the last day of the 60-day period described in paragraph (1), each Committee described in paragraph (1) shall review the list of proposed projects submitted by the Secretary. (3) Congressional disapproval The Secretary may not make a grant or any other obligation or commitment to fund a project under the program if a joint resolution is enacted disapproving funding for the project before the last day of the 60-day period described in paragraph (1). (m) Transparency (1) In general Not later than 30 days after providing a grant for a project under the program, the Secretary shall provide to all applicants, and publish on the website of the Department of Transportation, the information described in subsection (l)(1). (2) Briefing The Secretary shall provide, on the request of an eligible entity, the opportunity to receive a briefing to explain any reasons the eligible entity was not selected to receive a grant under the program. (n) Reports (1) Annual report The Secretary shall make available on the website of the Department of Transportation at the end of each fiscal year an annual report that lists each project for which a grant has been provided under the program during that fiscal year. (2) Comptroller general (A) Assessment The Comptroller General of the United States shall conduct an assessment of the administrative establishment, solicitation, selection, and justification process with respect to the awarding of grants under the program for each fiscal year. (B) Report Each fiscal year, the Comptroller General shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes, for the fiscal year— (i) the adequacy and fairness of the process by which each project was selected, if applicable; and (ii) the justification and criteria used for the selection of each project, if applicable. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section (1123(c)(2)), is amended by inserting after the item relating to section 172 the following: 173. Rural surface transportation grant program. . 1134. Bicycle transportation and pedestrian walkways Section 217 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking pedestrian walkways and bicycle and inserting pedestrian walkways and bicycle and shared micromobility ; and (B) by striking safe bicycle use and inserting safe access for bicyclists and pedestrians ; (2) in subsection (d), by striking a position and inserting up to 2 positions ; (3) in subsection (e), by striking bicycles each place it appears and inserting pedestrians or bicyclists ; (4) in subsection (f), by striking and a bicycle and inserting or a bicycle or shared micromobility ; and (5) in subsection (j), by striking paragraph (2) and inserting the following: (2) Electric bicycle (A) In general The term electric bicycle means a bicycle— (i) equipped with fully operable pedals, a saddle or seat for the rider, and an electric motor of less than 750 watts; (ii) that can safely share a bicycle transportation facility with other users of such facility; and (iii) that is a class 1 electric bicycle, class 2 electric bicycle, or class 3 electric bicycle. (B) Classes of electric bicycles (i) Class 1 electric bicycle For purposes of subparagraph (A)(iii), the term class 1 electric bicycle means an electric bicycle, other than a class 3 electric bicycle, equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (ii) Class 2 electric bicycle For purposes of subparagraph (A)(iii), the term class 2 electric bicycle means an electric bicycle equipped with a motor that— (I) may be used exclusively to propel the bicycle; and (II) is not capable of providing assistance when the speed of the bicycle reaches or exceeds 20 miles per hour. (iii) Class 3 electric bicycle For purposes of subparagraph (A)(iii), the term class 3 electric bicycle means an electric bicycle equipped with a motor that— (I) provides assistance only when the rider is pedaling; and (II) ceases to provide assistance when the speed of the bicycle reaches or exceeds 28 miles per hour. . 1135. Recreational trails program Section 206 of title 23, United States Code, is amended by adding at the end the following: (j) Use of other apportioned funds Funds apportioned to a State under section 104(b) that are obligated for a recreational trail or a related project shall be administered as if the funds were made available to carry out this section. . 1136. Updates to Manual on Uniform Traffic Control Devices In carrying out the first update to the Manual on Uniform Traffic Control Devices under section 109(d)(2) of title 23, United States Code, to the greatest extent practicable, the Secretary shall include updates necessary to provide for— (1) the protection of vulnerable road users (as defined in section 148(a) of title 23, United States Code); (2) supporting the safe testing of automated vehicle technology and any preparation necessary for the safe integration of automated vehicles onto public streets; (3) appropriate use of variable message signs to enhance public safety; (4) the minimum retroreflectivity of traffic control devices and pavement markings; and (5) any additional recommendations made by the National Committee on Uniform Traffic Control Devices that have not been incorporated into the Manual on Uniform Traffic Control Devices. B Planning and performance management 1201. Transportation planning (a) Metropolitan transportation planning Section 134 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (3), by adding at the end the following: (D) Considerations In designating officials or representatives under paragraph (2) for the first time, subject to the bylaws or enabling statute of the metropolitan planning organization, the metropolitan planning organization shall consider the equitable and proportional representation of the population of the metropolitan planning area. ; and (B) in paragraph (7)— (i) by striking an existing metropolitan planning area and inserting an existing urbanized area (as defined by the Bureau of the Census) ; and (ii) by striking the existing metropolitan planning area and inserting the area ; (2) in subsection (g)— (A) in paragraph (1), by striking a metropolitan area and inserting an urbanized area (as defined by the Bureau of the Census) ; and (B) by adding at the end the following: (4) Coordination between MPO s If more than 1 metropolitan planning organization is designated within an urbanized area (as defined by the Bureau of the Census) under subsection (d)(7), the metropolitan planning organizations designated within the area shall ensure, to the maximum extent practicable, the consistency of any data used in the planning process, including information used in forecasting travel demand. (5) Savings clause Nothing in this subsection requires metropolitan planning organizations designated within a single urbanized area to jointly develop planning documents, including a unified long-range transportation plan or unified TIP. ; (3) in subsection (i)(6), by adding at the end the following: (D) Use of technology A metropolitan planning organization may use social media and other web-based tools— (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. ; and (4) in subsection (p), by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) . (b) Statewide and nonmetropolitan transportation planning Section 135(f)(3) of title 23, United States Code, is amended by adding at the end the following: (C) Use of technology A State may use social media and other web-based tools— (i) to further encourage public participation; and (ii) to solicit public feedback during the transportation planning process. . (c) Conforming amendment Section 135(i) of title 23, United States Code, is amended by striking paragraphs (5)(D) and (6) of section 104(b) of this title and inserting section 104(b)(6) . 1202. Fiscal constraint on long-range transportation plans Not later than 1 year after the date of enactment of this Act, the Secretary shall amend section 450.324(f)(11)(v) of title 23, Code of Federal Regulations, to ensure that the outer years of a metropolitan transportation plan are defined as beyond the first 4 years . 1203. State human capital plans (a) In general Chapter 1 of title 23, United States Code (as amended by section 1133(a)), is amended by adding at the end the following: 174. State human capital plans (a) In general Not later than 18 months after the date of enactment of this section, the Secretary shall encourage each State to develop a voluntary plan, to be known as a human capital plan , that provides for the immediate and long-term personnel and workforce needs of the State with respect to the capacity of the State to deliver transportation and public infrastructure eligible under this title. (b) Plan contents (1) In general A human capital plan developed by a State under subsection (a) shall, to the maximum extent practicable, take into consideration— (A) significant transportation workforce trends, needs, issues, and challenges with respect to the State; (B) the human capital policies, strategies, and performance measures that will guide the transportation-related workforce investment decisions of the State; (C) coordination with educational institutions, industry, organized labor, workforce boards, and other agencies or organizations to address the human capital transportation needs of the State; (D) a workforce planning strategy that identifies current and future human capital needs, including the knowledge, skills, and abilities needed to recruit and retain skilled workers in the transportation industry; (E) a human capital management strategy that is aligned with the transportation mission, goals, and organizational objectives of the State; (F) an implementation system for workforce goals focused on addressing continuity of leadership and knowledge sharing across the State; (G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; (H) in the case of public-private partnerships or other alternative project delivery methods to carry out the transportation program of the State, a description of workforce needs— (i) to ensure that the transportation mission, goals, and organizational objectives of the State are fully carried out; and (ii) to ensure that procurement methods provide the best public value; (I) a system for analyzing and evaluating the performance of the State department of transportation with respect to all aspects of human capital management policies, programs, and activities; and (J) the manner in which the plan will improve the ability of the State to meet the national policy in support of performance management established under section 150. (2) Planning period If a State develops a human capital plan under subsection (a), the plan shall address a 5-year forecast period. (c) Plan updates If a State develops a human capital plan under subsection (a), the State shall update the plan not less frequently than once every 5 years. (d) Relationship to long-Range plan (1) In general Subject to paragraph (2), a human capital plan developed by a State under subsection (a) may be developed separately from, or incorporated into, the long-range statewide transportation plan required under section 135. (2) Effect of section Nothing in this section requires a State, or authorizes the Secretary to require a State, to incorporate a human capital plan into the long-range statewide transportation plan required under section 135. (e) Public availability Each State that develops a human capital plan under subsection (a) shall make a copy of the plan available to the public in a user-friendly format on the website of the State department of transportation. (f) Savings provision Nothing in this section prevents a State from carrying out transportation workforce planning— (1) not described in this section; or (2) not in accordance with this section. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1133(b)), is amended by inserting after the item relating to section 173 the following: 174. State human capital plans. . 1204. Prioritization process pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity means any of the following: (A) A metropolitan planning organization that serves an area with a population of over 200,000. (B) A State. (2) Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (3) Prioritization process pilot program The term prioritization process pilot program means the pilot program established under subsection (b)(1). (b) Establishment (1) In general The Secretary shall establish and solicit applications for a prioritization process pilot program. (2) Purpose The purpose of the prioritization process pilot program shall be to support data-driven approaches to planning that, on completion, can be evaluated for public benefit. (c) Pilot program administration (1) In general An eligible entity participating in the prioritization process pilot program shall— (A) use priority objectives that are developed— (i) in the case of an urbanized area with a population of over 200,000, by the metropolitan planning organization that serves the area, in consultation with the State; (ii) in the case of an urbanized area with a population of 200,000 or fewer, by the State in consultation with all metropolitan planning organizations in the State; and (iii) through a public process that provides an opportunity for public input; (B) assess and score projects and strategies on the basis of— (i) the contribution and benefits of the project or strategy to each priority objective developed under subparagraph (A); (ii) the cost of the project or strategy relative to the contribution and benefits assessed and scored under clause (i); and (iii) public support; (C) use the scores assigned under subparagraph (B) to guide project selection in the development of the transportation plan and transportation improvement program; and (D) ensure that the public— (i) has opportunities to provide public comment on projects before decisions are made on the transportation plan and the transportation improvement program; and (ii) has access to clear reasons why each project or strategy was selected or not selected. (2) Requirements An eligible entity that receives a grant under the prioritization process pilot program shall use the funds as described in each of the following, as applicable: (A) Metropolitan transportation planning In the case of a metropolitan planning organization that serves an area with a population of over 200,000, the entity shall— (i) develop and implement a publicly accessible, transparent prioritization process for the selection of projects for inclusion on the transportation plan for the metropolitan planning area under section 134(i) of title 23, United States Code, and section 5303(i) of title 49, United States Code, which shall— (I) include criteria identified by the metropolitan planning organization, which may be weighted to reflect the priority objectives developed under paragraph (1)(A), that the metropolitan planning organization has determined support— (aa) factors described in section 134(h) of title 23, United States Code, and section 5303(h) of title 49, United States Code; (bb) targets for national performance measures under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the metropolitan planning area or State set by the applicable transportation agency; and (dd) priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the priority list under section 134(j)(2)(A) of title 23 and section 5303(j)(2)(A) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (B) Statewide transportation planning In the case of a State, the State shall— (i) develop and implement a publicly accessible, transparent process for the selection of projects for inclusion on the long-range statewide transportation plan under section 135(f) of title 23, United States Code, which shall— (I) include criteria identified by the State, which may be weighted to reflect statewide priorities, that the State has determined support— (aa) factors described in section 135(d) of title 23, United States Code, and section 5304(d) of title 49, United States Code; (bb) national transportation goals under section 150(b) of title 23, United States Code; (cc) applicable transportation goals in the State; and (dd) the priority objectives developed under paragraph (1)(A); (II) evaluate the outcomes for each proposed project on the basis of the benefits of the proposed project with respect to each of the criteria described in subclause (I) relative to the cost of the proposed project; and (III) use the evaluation under subclause (II) to create a ranked list of proposed projects; and (ii) with respect to the statewide transportation improvement program under section 135(g) of title 23, United States Code, and section 5304(g) of title 49, United States Code, include projects according to the rank of the project under clause (i)(III), except as provided in subparagraph (D). (C) Additional transportation planning If the eligible entity has implemented, and has in effect, the requirements under subparagraph (A) or (B), as applicable, the eligible entity may use any remaining funds from a grant provided under the pilot program for any transportation planning purpose. (D) Exceptions to priority ranking In the case of any project that the eligible entity chooses to include or not include in the transportation improvement program under section 134(j) of title 23, United States Code, or the statewide transportation improvement program under section 135(g) of title 23, United States Code, as applicable, in a manner that is contrary to the priority ranking for that project established under subparagraph (A)(i)(III) or (B)(i)(III), the eligible entity shall make publicly available an explanation for the decision, including— (i) a review of public comments regarding the project; (ii) an evaluation of public support for the project; (iii) an assessment of geographic balance of projects of the eligible entity; and (iv) the number of projects of the eligible entity in economically distressed areas. (3) Maximum amount The maximum amount of a grant under the prioritization process pilot program is $2,000,000. (d) Applications To be eligible to participate in the prioritization process pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. 1205. Travel demand data and modeling (a) Definition of metropolitan planning organization In this section, the term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (b) Study (1) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, the Secretary shall carry out a study that— (A) gathers travel data and travel demand forecasts from a representative sample of States and metropolitan planning organizations; (B) uses the data and forecasts gathered under subparagraph (A) to compare travel demand forecasts with the observed data, including— (i) traffic counts; (ii) travel mode share and public transit ridership; and (iii) vehicle occupancy measures; and (C) uses the information described in subparagraphs (A) and (B)— (i) to develop best practices or guidance for States and metropolitan planning organizations to use in forecasting travel demand for future investments in transportation improvements; (ii) to evaluate the impact of transportation investments, including new roadway capacity, on travel behavior and travel demand, including public transportation ridership, induced highway travel, and congestion; (iii) to support more accurate travel demand forecasting by States and metropolitan planning organizations; and (iv) to enhance the capacity of States and metropolitan planning organizations— (I) to forecast travel demand; and (II) to track observed travel behavior responses, including induced travel, to changes in transportation capacity, pricing, and land use patterns. (2) Secretarial support The Secretary shall seek opportunities to support the transportation planning processes under sections 134 and 135 of title 23, United States Code, through the provision of data to States and metropolitan planning organizations to improve the quality of plans, models, and forecasts described in this subsection. (3) Evaluation tool The Secretary shall develop a publicly available multimodal web-based tool for the purpose of enabling States and metropolitan planning organizations to evaluate the effect of investments in highway and public transportation projects on the use and conditions of all transportation assets within the State or area served by the metropolitan planning organization, as applicable. 1206. Increasing safe and accessible transportation options (a) Definition of Complete Streets standards or policies In this section, the term Complete Streets standards or policies means standards or policies that ensure the safe and adequate accommodation of all users of the transportation system, including pedestrians, bicyclists, public transportation users, children, older individuals, individuals with disabilities, motorists, and freight vehicles. (b) Funding requirement Notwithstanding any other provision of law, each State and metropolitan planning organization shall use to carry out 1 or more activities described in subsection (c)— (1) in the case of a State, not less than 2.5 percent of the amounts made available to the State to carry out section 505 of title 23, United States Code; and (2) in the case of a metropolitan planning organization, not less than 2.5 percent of the amounts made available to the metropolitan planning organization under section 104(d) of title 23, United States Code. (c) Activities described An activity referred to in subsection (b) is an activity to increase safe and accessible options for multiple travel modes for people of all ages and abilities, which, if permissible under applicable State and local laws, may include— (1) adoption of Complete Streets standards or policies; (2) development of a Complete Streets prioritization plan that identifies a specific list of Complete Streets projects to improve the safety, mobility, or accessibility of a street; (3) development of transportation plans— (A) to create a network of active transportation facilities, including sidewalks, bikeways, or pedestrian and bicycle trails, to connect neighborhoods with destinations such as workplaces, schools, residences, businesses, recreation areas, healthcare and child care services, or other community activity centers; (B) to integrate active transportation facilities with public transportation service or improve access to public transportation; (C) to create multiuse active transportation infrastructure facilities, including bikeways or pedestrian and bicycle trails, that make connections within or between communities; (D) to increase public transportation ridership; and (E) to improve the safety of bicyclists and pedestrians; (4) regional and megaregional planning to address travel demand and capacity constraints through alternatives to new highway capacity, including through intercity passenger rail; and (5) development of transportation plans and policies that support transit-oriented development. (d) Federal share The Federal share of the cost of an activity carried out under this section shall be 80 percent, unless the Secretary determines that the interests of the Federal-aid highway program would be best served by decreasing or eliminating the non-Federal share. (e) State flexibility A State or metropolitan planning organization, with the approval of the Secretary, may opt out of the requirements of this section if the State or metropolitan planning organization demonstrates to the Secretary, by not later than 30 days before the Secretary apportions funds for a fiscal year under section 104, that the State or metropolitan planning organization— (1) has Complete Streets standards and policies in place; and (2) has developed an up-to-date Complete Streets prioritization plan as described in subsection (c)(2). C Project delivery and process improvement 1301. Codification of One Federal Decision (a) In general Section 139 of title 23, United States Code, is amended— (1) in the section heading, by striking decisionmaking and inserting decisionmaking and One Federal Decision ; (2) in subsection (a)— (A) by redesignating paragraphs (2) through (8) as paragraphs (4), (5), (6), (8), (9), (10), and (11), respectively; (B) by inserting after paragraph (1) the following: (2) Authorization The term authorization means any environmental license, permit, approval, finding, or other administrative decision related to the environmental review process that is required under Federal law to site, construct, or reconstruct a project. (3) Environmental document The term environmental document includes an environmental assessment, finding of no significant impact, notice of intent, environmental impact statement, or record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). ; (C) in subparagraph (B) of paragraph (5) (as so redesignated), by striking process for and completion of any environmental permit and inserting process and schedule, including a timetable for and completion of any environmental permit ; and (D) by inserting after paragraph (6) (as so redesignated) the following: (7) Major project (A) In general The term major project means a project for which— (i) multiple permits, approvals, reviews, or studies are required under a Federal law other than the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ii) the project sponsor has identified the reasonable availability of funds sufficient to complete the project; (iii) the project is not a covered project (as defined in section 41001 of the FAST Act ( 42 U.S.C. 4370m )); and (iv) (I) the head of the lead agency has determined that an environmental impact statement is required; or (II) the head of the lead agency has determined that an environmental assessment is required, and the project sponsor requests that the project be treated as a major project. (B) Clarification In this section, the term major project does not have the same meaning as the term major project as described in section 106(h). ; (3) in subsection (b)(1)— (A) by inserting , including major projects, after all projects ; and (B) by inserting as requested by a project sponsor and after applied, ; (4) in subsection (c)— (A) in paragraph (6)— (i) in subparagraph (B), by striking and at the end; (ii) in subparagraph (C), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) to calculate annually the average time taken by the lead agency to complete all environmental documents for each project during the previous fiscal year. ; and (B) by adding at the end the following: (7) Process improvements for projects (A) In general The Secretary shall review— (i) existing practices, procedures, rules, regulations, and applicable laws to identify impediments to meeting the requirements applicable to projects under this section; and (ii) best practices, programmatic agreements, and potential changes to internal departmental procedures that would facilitate an efficient environmental review process for projects. (B) Consultation In conducting the review under subparagraph (A), the Secretary shall consult, as appropriate, with the heads of other Federal agencies that participate in the environmental review process. (C) Report Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (i) the results of the review under subparagraph (A); and (ii) an analysis of whether additional funding would help the Secretary meet the requirements applicable to projects under this section. ; (5) in subsection (d)— (A) in paragraph (8)— (i) in the paragraph heading, by striking NEPA and inserting environmental ; (ii) in subparagraph (A)— (I) by inserting and except as provided in subparagraph (D) after paragraph (7) ; (II) by striking permits and inserting authorizations ; and (III) by striking single environment document and inserting single environmental document for each kind of environmental document ; (iii) in subparagraph (B)(i)— (I) by striking an environmental document and inserting environmental documents ; and (II) by striking permits issued and inserting authorizations ; and (iv) by adding at the end the following: (D) Exceptions The lead agency may waive the application of subparagraph (A) with respect to a project if— (i) the project sponsor requests that agencies issue separate environmental documents; (ii) the obligations of a cooperating agency or participating agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) have already been satisfied with respect to the project; or (iii) the lead agency determines that reliance on a single environmental document (as described in subparagraph (A)) would not facilitate timely completion of the environmental review process for the project. ; and (B) by adding at the end the following: (10) Timely authorizations for major projects (A) Deadline Except as provided in subparagraph (C), all authorization decisions necessary for the construction of a major project shall be completed by not later than 90 days after the date of the issuance of a record of decision for the major project. (B) Detail The final environmental impact statement for a major project shall include an adequate level of detail to inform decisions necessary for the role of the participating agencies and cooperating agencies in the environmental review process. (C) Extension of deadline The head of the lead agency may extend the deadline under subparagraph (A) if— (i) Federal law prohibits the lead agency or another agency from issuing an approval or permit within the period described in that subparagraph; (ii) the project sponsor requests that the permit or approval follow a different timeline; or (iii) an extension would facilitate completion of the environmental review and authorization process of the major project. ; (6) in subsection (g)(1)— (A) in subparagraph (B)— (i) in clause (ii)(IV), by striking schedule for and cost of and inserting time required by an agency to conduct an environmental review and make decisions under applicable Federal law relating to a project (including the issuance or denial of a permit or license) and the cost of ; and (ii) by adding at the end the following: (iii) Major project schedule To the maximum extent practicable and consistent with applicable Federal law, in the case of a major project, the lead agency shall develop, in concurrence with the project sponsor, a schedule for the major project that is consistent with an agency average of not more than 2 years for the completion of the environmental review process for major projects, as measured from, as applicable— (I) the date of publication of a notice of intent to prepare an environmental impact statement to the record of decision; or (II) the date on which the head of the lead agency determines that an environmental assessment is required to a finding of no significant impact. ; (B) by striking subparagraph (D) and inserting the following: (D) Modification (i) In general Except as provided in clause (ii), the lead agency may lengthen or shorten a schedule established under subparagraph (B) for good cause. (ii) Exceptions (I) Major projects In the case of a major project, the lead agency may lengthen a schedule under clause (i) for a cooperating Federal agency by not more than 1 year after the latest deadline established for the major project by the lead agency. (II) Shortened schedules The lead agency may not shorten a schedule under clause (i) if doing so would impair the ability of a cooperating Federal agency to conduct necessary analyses or otherwise carry out relevant obligations of the Federal agency for the project. ; (C) by redesignating subparagraph (E) as subparagraph (F); and (D) by inserting after subparagraph (D) the following: (E) Failure to meet deadline If a cooperating Federal agency fails to meet a deadline established under subparagraph (D)(ii)(I)— (i) the cooperating Federal agency shall submit to the Secretary a report that describes the reasons why the deadline was not met; and (ii) the Secretary shall— (I) transmit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a copy of the report under clause (i); and (II) make the report under clause (i) publicly available on the internet. ; (7) in subsection (n), by adding at the end the following: (3) Length of environmental document (A) In general Notwithstanding any other provision of law and except as provided in subparagraph (B), to the maximum extent practicable, the text of the items described in paragraphs (4) through (6) of section 1502.10(a) of title 40, Code of Federal Regulations (or successor regulations), of an environmental impact statement for a project shall be 200 pages or fewer. (B) Exemption An environmental impact statement for a project may exceed 200 pages, if the lead agency establishes a new page limit for the environmental impact statement for that project. ; and (8) by adding at the end the following: (p) Accountability and reporting for major projects (1) In general The Secretary shall establish a performance accountability system to track each major project. (2) Requirements The performance accountability system under paragraph (1) shall, for each major project, track, at a minimum— (A) the environmental review process for the major project, including the project schedule; (B) whether the lead agency, cooperating agencies, and participating agencies are meeting the schedule established for the environmental review process; and (C) the time taken to complete the environmental review process. (q) Development of categorical exclusions (1) In general Not later than 60 days after the date of enactment of this subsection, and every 4 years thereafter, the Secretary shall— (A) in consultation with the agencies described in paragraph (2), identify the categorical exclusions described in section 771.117 of title 23, Code of Federal Regulations (or successor regulations), that would accelerate delivery of a project if those categorical exclusions were available to those agencies; (B) collect existing documentation and substantiating information on the categorical exclusions described in subparagraph (A); and (C) provide to each agency described in paragraph (2)— (i) a list of the categorical exclusions identified under subparagraph (A); and (ii) the documentation and substantiating information under subparagraph (B). (2) Agencies described The agencies referred to in paragraph (1) are— (A) the Department of the Interior; (B) the Department of the Army; (C) the Department of Commerce; (D) the Department of Agriculture; (E) the Department of Energy; (F) the Department of Defense; and (G) any other Federal agency that has participated in an environmental review process for a project, as determined by the Secretary. (3) Adoption of categorical exclusions (A) In general Not later than 1 year after the date on which the Secretary provides a list under paragraph (1)(C), an agency described in paragraph (2) shall publish a notice of proposed rulemaking to propose any categorical exclusions from the list applicable to the agency, subject to the condition that the categorical exclusion identified under paragraph (1)(A) meets the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). (B) Public comment In a notice of proposed rulemaking under subparagraph (A), the applicable agency may solicit comments on whether any of the proposed new categorical exclusions meet the criteria for a categorical exclusion under section 1508.1 of title 40, Code of Federal Regulations (or successor regulations). . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 139 and inserting the following: 139. Efficient environmental reviews for project decisionmaking and One Federal Decision. . 1302. Work zone process reviews The Secretary shall amend section 630.1008(e) of title 23, Code of Federal Regulations, to ensure that the work zone process review under that subsection is required not more frequently than once every 5 years. 1303. Transportation management plans (a) In general The Secretary shall amend section 630.1010(c) of title 23, Code of Federal Regulations, to ensure that only a project described in that subsection with a lane closure for 3 or more consecutive days shall be considered to be a significant project for purposes of that section. (b) Non-Interstate projects Notwithstanding any other provision of law, a State shall not be required to develop or implement a transportation management plan (as described in section 630.1012 of title 23, Code of Federal Regulations (or successor regulations)) for a highway project not on the Interstate System if the project requires not more than 3 consecutive days of lane closures. 1304. Intelligent transportation systems (a) In general The Secretary shall develop guidance for using existing flexibilities with respect to the systems engineering analysis described in part 940 of title 23, Code of Federal Regulations (or successor regulations). (b) Implementation The Secretary shall ensure that any guidance developed under subsection (a)— (1) clearly identifies criteria for low-risk and exempt intelligent transportation systems projects, with a goal of minimizing unnecessary delay or paperwork burden; (2) is consistently implemented by the Department nationwide; and (3) is disseminated to Federal-aid recipients. (c) Savings provision Nothing in this section prevents the Secretary from amending part 940 of title 23, Code of Federal Regulations (or successor regulations), to reduce State administrative burdens. 1305. Alternative contracting methods (a) Alternative contracting methods for federal land management agencies and tribal governments Section 201 of title 23, United States Code, is amended by adding at the end the following: (f) Alternative contracting methods (1) In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), a contracting method available to a State under this title may be used by the Secretary, on behalf of— (A) a Federal land management agency, in using any funds pursuant to section 203, 204, or 308; (B) a Federal land management agency, in using any funds pursuant to section 1535 of title 31 for any of the eligible uses described in sections 203(a)(1) and 204(a)(1) and paragraphs (1) and (2) of section 308(a); or (C) a Tribal government, in using funds pursuant to section 202(b)(7)(D). (2) Methods described The contracting methods referred to in paragraph (1) shall include, at a minimum— (A) project bundling; (B) bridge bundling; (C) design-build contracting; (D) 2-phase contracting; (E) long-term concession agreements; and (F) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. (3) Effect Nothing in this subsection— (A) affects the application of the Federal share for the project carried out with a contracting method under this subsection; or (B) modifies the point of obligation of Federal salaries and expenses. . (b) Cooperation with federal and state agencies and foreign countries Section 308(a) of title 23, United States Code, is amended by adding at the end the following: (4) Alternative contracting methods (A) In general Notwithstanding any other provision of law (including the Federal Acquisition Regulation), in performing services under paragraph (1), the Secretary may use any contracting method available to a State under this title. (B) Methods described The contracting methods referred to in subparagraph (A) shall include, at a minimum— (i) project bundling; (ii) bridge bundling; (iii) design-build contracting; (iv) 2-phase contracting; (v) long-term concession agreements; and (vi) any method tested, or that could be tested, under an experimental program relating to contracting methods carried out by the Secretary. . (c) Use of alternative contracting methods In carrying out an alternative contracting method under section 201(f) or 308(a)(4) of title 23, United States Code, the Secretary shall— (1) in consultation with the applicable Federal land management agencies, establish clear procedures that are— (A) applicable to the alternative contracting method; and (B) to the maximum extent practicable, consistent with the requirements applicable to Federal procurement transactions; (2) solicit input on the use of the alternative contracting method from the affected industry prior to using the method; and (3) analyze and prepare an evaluation of the use of the alternative contracting method. 1306. Flexibility for projects Section 1420 of the FAST Act ( 23 U.S.C. 101 note; Public Law 114–94 ) is amended— (1) in subsection (a), by striking and on request by a State, the Secretary may in the matter preceding paragraph (1) and all that follows through the period at the end of paragraph (2) and inserting the following: “, on request by a State, and if in the public interest (as determined by the Secretary), the Secretary shall exercise all existing flexibilities under— (1) the requirements of title 23, United States Code; and (2) other requirements administered by the Secretary, in whole or in part. ; and (2) in subsection (b)(2)(A), by inserting (including regulations) after environmental law . 1307. Improved Federal-State stewardship and oversight agreements (a) Definition of template In this section, the term template means a template created by the Secretary for Federal-State stewardship and oversight agreements that— (1) includes all standard terms found in stewardship and oversight agreements, including any terms in an attachment to the agreement; (2) is developed in accordance with section 106 of title 23, United States Code, or any other applicable authority; and (3) may be developed with consideration of relevant regulations, guidance, or policies. (b) Request for comment (1) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall publish in the Federal Register the template and a notice requesting public comment on ways to improve the template. (2) Comment period The Secretary shall provide a period of not less than 60 days for public comment on the notice under paragraph (1). (3) Certain issues The notice under paragraph (1) shall allow comment on any aspect of the template and shall specifically request public comment on— (A) whether the template should be revised to delete standard terms requiring approval by the Secretary of the policies, procedures, processes, or manuals of the States, or other State actions, if Federal law (including regulations) does not specifically require an approval; (B) opportunities to modify the template to allow adjustments to the review schedules for State practices or actions, including through risk-based approaches, program reviews, process reviews, or other means; and (C) any other matters that the Secretary determines to be appropriate. (c) Notice of action; updates (1) In general Not later than 1 year after the date of enactment of this Act, after considering the comments received in response to the Federal Register notice under subsection (b), the Secretary shall publish in the Federal Register a notice that— (A) describes any proposed changes to be made, and any alternatives to such changes, to the template; (B) addresses comments in response to which changes were not made to the template; and (C) prescribes a schedule and a plan to execute a process for implementing the changes referred to in subparagraph (A). (2) Approval requirements In addressing comments under paragraph (1)(B), the Secretary shall include an explanation of the basis for retaining any requirement for approval of State policies, procedures, processes, or manuals, or other State actions, if Federal law (including regulations) does not specifically require the approval. (3) Implementation (A) In general Not later than 60 days after the date on which the notice under paragraph (1) is published, the Secretary shall make changes to the template in accordance with— (i) the changes described in the notice under paragraph (1)(A); and (ii) the schedule and plan described in the notice under paragraph (1)(C). (B) Updates Not later than 1 year after the date on which the revised template under subparagraph (A) is published, the Secretary shall update existing agreements with States according to the template updated under subparagraph (A). (d) Inclusion of non-Standard terms Nothing in this section precludes the inclusion in a Federal-State stewardship and oversight agreement of non-standard terms to address a State-specific matter, including risk-based stewardship and Department oversight involvement in individual projects of division interest. (e) Compliance with non-Statutory terms (1) In general The Secretary shall not enforce or otherwise require a State to comply with approval requirements that are not required by Federal law (including regulations) in a Federal-State stewardship and oversight agreement. (2) Approval authority Notwithstanding any other provision of law, the Secretary shall not assert approval authority over any matter in a Federal-State stewardship and oversight agreement reserved to States. (f) Frequency of reviews Section 106(g)(3) of title 23, United States Code, is amended— (1) by striking annual ; (2) by striking The Secretary and inserting the following: (A) In general The Secretary ; and (3) by adding at the end the following: (B) Frequency (i) In general Except as provided in clauses (ii) and (iii), the Secretary shall carry out a review under subparagraph (A) not less frequently than once every 2 years. (ii) Consultation with State The Secretary, after consultation with a State, may make a determination to carry out a review under subparagraph (A) for that State less frequently than provided under clause (i). (iii) Cause If the Secretary determines that there is a specific reason to require a review more frequently than provided under clause (i) with respect to a State, the Secretary may carry out a review more frequently than provided under that clause. . 1308. Geomatic data (a) In general The Secretary shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. (b) Considerations In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. (c) Public comment Before issuing any final guidance under subsection (a), the Secretary shall provide to the public— (1) notice of the proposed guidance; and (2) an opportunity to comment on the proposed guidance. (d) Savings clause Nothing in this section— (1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or (2) changes the current statutory or regulatory requirements of the Department. 1309. Evaluation of projects within an operational right-of-way (a) In general Chapter 3 of title 23, United States Code, is amended by adding at the end the following: 331. Evaluation of projects within an operational right-of-way (a) Definitions (1) Eligible project or activity (A) In general In this section, the term eligible project or activity means a project or activity within an existing operational right-of-way (as defined in section 771.117(c)(22) of title 23, Code of Federal Regulations (or successor regulations))— (i) (I) eligible for assistance under this title; or (II) administered as if made available under this title; (ii) that is— (I) a preventive maintenance, preservation, or highway safety improvement project (as defined in section 148(a)); or (II) a new turn lane that the State advises in writing to the Secretary would assist public safety; and (iii) that— (I) is classified as a categorical exclusion under section 771.117 of title 23, Code of Federal Regulations (or successor regulations); or (II) if the project or activity does not receive assistance described in clause (i) would be considered a categorical exclusion if the project or activity received assistance described in clause (i). (B) Exclusion The term eligible project or activity does not include a project to create a new travel lane. (2) Preliminary evaluation The term preliminary evaluation , with respect to an application described in subsection (b)(1), means an evaluation that is customary or practicable for the relevant agency to complete within a 45-day period for similar applications. (3) Relevant agency The term relevant agency means a Federal agency, other than the Federal Highway Administration, with responsibility for review of an application from a State for a permit, approval, or jurisdictional determination for an eligible project or activity. (b) Action required (1) In general Subject to paragraph (2), not later than 45 days after the date of receipt of an application by a State for a permit, approval, or jurisdictional determination for an eligible project or activity, the head of the relevant agency shall— (A) make at least a preliminary evaluation of the application; and (B) notify the State of the results of the preliminary evaluation under subparagraph (A). (2) Extension The head of the relevant agency may extend the review period under paragraph (1) by not more than 30 days if the head of the relevant agency provides to the State written notice that includes an explanation of the need for the extension. (3) Failure to act If the head of the relevant agency fails to meet a deadline under paragraph (1) or (2), as applicable, the head of the relevant agency shall— (A) not later than 30 days after the date of the missed deadline, submit to the State, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes why the deadline was missed; and (B) not later than 14 days after the date on which a report is submitted under subparagraph (A), make publicly available, including on the internet, a copy of that report. . (b) Clerical amendment The analysis for chapter 3 of title 23, United States Code, is amended by adding at the end the following: 331. Evaluation of projects within an operational right-of-way. . 1310. Preliminary engineering (a) In general Section 102 of title 23, United States Code, is amended— (1) by striking subsection (b); and (2) in subsection (a), in the second sentence, by striking Nothing in this subsection and inserting the following: (b) Savings provision Nothing in this section . (b) Conforming amendment Section 144(j) of title 23, United States Code, is amended by striking paragraph (6). 1311. Efficient implementation of NEPA for Federal land management projects Section 203 of title 23, United States Code, is amended by adding at the end the following: (e) Efficient implementation of NEPA (1) Definitions In this subsection: (A) Environmental document The term environmental document means an environmental impact statement, environmental assessment, categorical exclusion, or other document prepared under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (B) Project The term project means a highway project, public transportation capital project, or multimodal project that— (i) receives funds under this title; and (ii) is authorized under this section or section 204. (C) Project sponsor The term project sponsor means the Federal land management agency that seeks or receives funds under this title for a project. (2) Environmental review to be completed by Federal Highway Administration The Federal Highway Administration may prepare an environmental document pursuant to the implementing procedures of the Federal Highway Administration to comply with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if— (A) requested by a project sponsor; and (B) all areas of analysis required by the project sponsor can be addressed. (3) Federal land management agencies adoption of existing environmental review documents (A) In general To the maximum extent practicable, if the Federal Highway Administration prepares an environmental document pursuant to paragraph (2), that environmental document shall address all areas of analysis required by a Federal land management agency. (B) Independent evaluation Notwithstanding any other provision of law, a Federal land management agency shall not be required to conduct an independent evaluation to determine the adequacy of an environmental document prepared by the Federal Highway Administration pursuant to paragraph (2). (C) Use of same document In authorizing or implementing a project, a Federal land management agency may use an environmental document previously prepared by the Federal Highway Administration for a project addressing the same or substantially the same action to the same extent that the Federal land management agency could adopt or use a document previously prepared by another Federal agency. (4) Application by Federal land management agencies of categorical exclusions established by Federal Highway Administration In carrying out requirements under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) for a project, the project sponsor may use categorical exclusions designated under that Act in the implementing regulations of the Federal Highway Administration, subject to the conditions that— (A) the project sponsor makes a determination, in consultation with the Federal Highway Administration, that the categorical exclusion applies to the project; (B) the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (C) the use of the categorical exclusion does not otherwise conflict with the implementing regulations of the project sponsor, except any list of the project sponsor that designates categorical exclusions. (5) Mitigation commitments The Secretary shall assist the Federal land management agency with all design and mitigation commitments made jointly by the Secretary and the project sponsor in any environmental document prepared by the Secretary in accordance with this subsection. . 1312. National Environmental Policy Act of 1969 reporting program (a) In general Chapter 1 of title 23, United States Code, is amended by inserting after section 156 the following: 157. National Environmental Policy Act of 1969 reporting program (a) Definitions In this section: (1) Categorical exclusion The term categorical exclusion has the meaning given the term in section 771.117(c) of title 23, Code of Federal Regulations (or a successor regulation). (2) Documented categorical exclusion The term documented categorical exclusion has the meaning given the term in section 771.117(d) of title 23, Code of Federal Regulations (or a successor regulation). (3) Environmental assessment The term environmental assessment has the meaning given the term in section 1508.1 of title 40, Code of Federal Regulations (or a successor regulation). (4) Environmental impact statement The term environmental impact statement means a detailed statement required under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (5) Federal agency The term Federal agency includes a State that has assumed responsibility under section 327. (6) NEPA process The term NEPA process means the entirety of the development and documentation of the analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), including the assessment and analysis of any impacts, alternatives, and mitigation of a proposed action, and any interagency participation and public involvement required to be carried out before the Secretary undertakes a proposed action. (7) Proposed action The term proposed action means an action (within the meaning of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. )) under this title that the Secretary proposes to carry out. (8) Reporting period The term reporting period means the fiscal year prior to the fiscal year in which a report is issued under subsection (b). (9) Secretary The term Secretary includes the governor or head of an applicable State agency of a State that has assumed responsibility under section 327. (b) Report on NEPA data (1) In general The Secretary shall carry out a process to track, and annually submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report containing, the information described in paragraph (3). (2) Time to complete For purposes of paragraph (3), the NEPA process— (A) for an environmental impact statement— (i) begins on the date on which the Notice of Intent is published in the Federal Register; and (ii) ends on the date on which the Secretary issues a record of decision, including, if necessary, a revised record of decision; and (B) for an environmental assessment— (i) begins on the date on which the Secretary makes a determination to prepare an environmental assessment; and (ii) ends on the date on which the Secretary issues a finding of no significant impact or determines that preparation of an environmental impact statement is necessary. (3) Information described The information referred to in paragraph (1) is, with respect to the Department of Transportation— (A) the number of proposed actions for which a categorical exclusion was issued during the reporting period; (B) the number of proposed actions for which a documented categorical exclusion was issued by the Department of Transportation during the reporting period; (C) the number of proposed actions pending on the date on which the report is submitted for which the issuance of a documented categorical exclusion by the Department of Transportation is pending; (D) the number of proposed actions for which an environmental assessment was issued by the Department of Transportation during the reporting period; (E) the length of time the Department of Transportation took to complete each environmental assessment described in subparagraph (D); (F) the number of proposed actions pending on the date on which the report is submitted for which an environmental assessment is being drafted by the Department of Transportation; (G) the number of proposed actions for which an environmental impact statement was completed by the Department of Transportation during the reporting period; (H) the length of time that the Department of Transportation took to complete each environmental impact statement described in subparagraph (G); (I) the number of proposed actions pending on the date on which the report is submitted for which an environmental impact statement is being drafted; and (J) for the proposed actions reported under subparagraphs (F) and (I), the percentage of those proposed actions for which— (i) funding has been identified; and (ii) all other Federal, State, and local activities that are required to allow the proposed action to proceed are completed. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 156 the following: 157. National Environmental Policy Act of 1969 reporting program. . 1313. Surface transportation project delivery program written agreements Section 327 of title 23, United States Code, is amended— (1) in subsection (a)(2)(G), by inserting , including the payment of fees awarded under section 2412 of title 28 before the period at the end; (2) in subsection (c)— (A) by striking paragraph (5) and inserting the following: (5) except as provided under paragraph (7), have a term of not more than 5 years; ; (B) in paragraph (6), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (7) for any State that has participated in a program under this section (or under a predecessor program) for at least 10 years, have a term of 10 years. ; (3) in subsection (g)(1)— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking annual ; (C) by redesignating subparagraph (C) as subparagraph (D); and (D) by inserting after subparagraph (B) the following: (C) in the case of an agreement period of greater than 5 years pursuant to subsection (c)(7), conduct an audit covering the first 5 years of the agreement period; and ; and (4) by adding at the end the following: (m) Agency deemed To be Federal agency A State agency that is assigned a responsibility under an agreement under this section shall be deemed to be an agency for the purposes of section 2412 of title 28. . 1314. State assumption of responsibility for categorical exclusions Section 326(c)(3) of title 23, United States Code, is amended— (1) by striking subparagraph (A) and inserting the following: (A) except as provided under subparagraph (C), shall have a term of not more than 3 years; ; (2) in subparagraph (B), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (C) shall have a term of 5 years, in the case of a State that has assumed the responsibility for categorical exclusions under this section for not fewer than 10 years. . 1315. Early utility relocation prior to transportation project environmental review Section 123 of title 23, United States Code, is amended to read as follows: 123. Relocation of utility facilities (a) Definitions In this section: (1) Cost of relocation The term cost of relocation includes the entire amount paid by a utility properly attributable to the relocation of a utility facility, minus any increase in the value of the new facility and any salvage value derived from the old facility. (2) Early utility relocation project The term early utility relocation project means utility relocation activities identified by the State for performance before completion of the environmental review process for the transportation project. (3) Environmental review process The term environmental review process has the meaning given the term in section 139(a). (4) Transportation project The term transportation project means a project. (5) Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing communications, power, electricity, light, heat, gas, oil, crude products, water, steam, waste, stormwater not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (6) Utility relocation activity The term utility relocation activity means an activity necessary for the relocation of a utility facility, including preliminary and final design, surveys, real property acquisition, materials acquisition, and construction. (b) Reimbursement to States (1) In general If a State pays for the cost of relocation of a utility facility necessitated by the construction of a transportation project, Federal funds may be used to reimburse the State for the cost of relocation in the same proportion as Federal funds are expended on the transportation project. (2) Limitation Federal funds shall not be used to reimburse a State under this section if the payment to the utility— (A) violates the law of the State; or (B) violates a legal contract between the utility and the State. (3) Requirement A reimbursement under paragraph (1) shall be made only if the State demonstrates to the satisfaction of the Secretary that the State paid the cost of the utility relocation activity from funds of the State with respect to transportation projects for which Federal funds are obligated subsequent to April 16, 1958, for work, including utility relocation activities. (4) Reimbursement eligibility for early relocation prior to transportation project environmental review process (A) In general In addition to the requirements under paragraphs (1) through (3), a State may carry out, at the expense of the State, an early utility relocation project for a transportation project before completion of the environmental review process for the transportation project. (B) Requirements for reimbursement Funds apportioned to a State under this title may be used to pay the costs incurred by the State for an early utility relocation project only if the State demonstrates to the Secretary, and the Secretary finds that— (i) the early utility relocation project is necessary to accommodate a transportation project; (ii) the State provides adequate documentation to the Secretary of eligible costs incurred by the State for the early utility relocation project; (iii) before the commencement of the utility relocation activities, an environmental review process was completed for the early utility relocation project that resulted in a finding that the early utility relocation project— (I) would not result in significant adverse environmental impacts; and (II) would comply with other applicable Federal environmental requirements; (iv) the early utility relocation project did not influence— (I) the environmental review process for the transportation project; (II) the decision relating to the need to construct the transportation project; or (III) the selection of the transportation project design or location; (v) the early utility relocation project complies with all applicable provisions of law, including regulations issued pursuant to this title; (vi) the early utility relocation project follows applicable financial procedures and requirements, including documentation of eligible costs and the requirements under section 109(l), but not including requirements applicable to authorization and obligation of Federal funds; (vii) the transportation project for which the early utility relocation project was necessitated was included in the applicable transportation improvement program under section 134 or 135; (viii) before the cost incurred by a State is approved for Federal participation, environmental compliance pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been completed for the transportation project for which the early utility relocation project was necessitated; and (ix) the transportation project that necessitated the utility relocation activity is approved for construction. (C) Savings provision Nothing in this paragraph affects other eligibility requirements or authorities for Federal participation in payment of costs incurred for utility relocation activities. (c) Applicability of other provisions Nothing in this section affects the applicability of other requirements that would otherwise apply to an early utility relocation project, including any applicable requirements under— (1) section 138; (2) the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. ), including regulations under part 24 of title 49, Code of Federal Regulations (or successor regulations); (3) title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq. ); or (4) an environmental review process. . 1316. Streamlining of section 4(f) reviews Section 138(a) of title 23, United States Code, is amended— (1) in the fourth sentence, by striking In carrying out and inserting the following: (4) Studies In carrying out ; (2) in the third sentence— (A) by striking such land, and (2) such program and inserting the following: “the land; and (B) the program ; (B) by striking unless (1) there is and inserting the following: “unless— (A) there is ; and (C) by striking After the and inserting the following: (3) Requirement After the ; (3) in the second sentence— (A) by striking The Secretary of Transportation and inserting the following: (2) Cooperation and consultation (A) In general The Secretary ; and (B) by adding at the end the following: (B) Timeline for approvals (i) In general The Secretary shall— (I) provide an evaluation under this section to the Secretaries described in subparagraph (A); and (II) provide a period of 30 days for receipt of comments. (ii) Assumed acceptance If the Secretary does not receive comments by 15 days after the deadline under clause (i)(II), the Secretary shall assume a lack of objection and proceed with the action. (C) Effect Nothing in subparagraph (B) affects— (i) the requirements under— (I) subsections (b) through (f); or (II) the consultation process under section 306108 of title 54; or (ii) programmatic section 4(f) evaluations, as described in regulations issued by the Secretary. ; and (4) in the first sentence, by striking It is declared to be and inserting the following: (1) In general It is . 1317. Categorical exclusion for projects of limited Federal assistance Section 1317(1) of MAP–21 ( 23 U.S.C. 109 note; Public Law 112–141 ) is amended— (1) in subparagraph (A), by striking $5,000,000 and inserting $6,000,000 ; and (2) in subparagraph (B), by striking $30,000,000 and inserting $35,000,000 . 1318. Certain gathering lines located on Federal land and Indian land (a) Definitions In this section: (1) Federal land (A) In general The term Federal land means land the title to which is held by the United States. (B) Exclusions The term Federal land does not include— (i) a unit of the National Park System; (ii) a unit of the National Wildlife Refuge System; (iii) a component of the National Wilderness Preservation System; (iv) a wilderness study area within the National Forest System; or (v) Indian land. (2) Gathering line and associated field compression or pumping unit (A) In general The term gathering line and associated field compression or pumping unit means— (i) a pipeline that is installed to transport oil, natural gas and related constituents, or produced water from 1 or more wells drilled and completed to produce oil or gas; and (ii) if necessary, 1 or more compressors or pumps to raise the pressure of the transported oil, natural gas and related constituents, or produced water to higher pressures necessary to enable the oil, natural gas and related constituents, or produced water to flow into pipelines and other facilities. (B) Inclusions The term gathering line and associated field compression or pumping unit includes a pipeline or associated compression or pumping unit that is installed to transport oil or natural gas from a processing plant to a common carrier pipeline or facility. (C) Exclusions The term gathering line and associated field compression or pumping unit does not include a common carrier pipeline. (3) Indian land The term Indian land means land the title to which is held by— (A) the United States in trust for an Indian Tribe or an individual Indian; or (B) an Indian Tribe or an individual Indian subject to a restriction by the United States against alienation. (4) Produced water The term produced water means water produced from an oil or gas well bore that is not a fluid prepared at, or transported to, the well site to resolve a specific oil or gas well bore or reservoir condition. (5) Secretary The term Secretary means the Secretary of the Interior. (b) Certain gathering lines (1) In general Subject to paragraph (2), the issuance of a sundry notice or right-of-way for a gathering line and associated field compression or pumping unit that is located on Federal land or Indian land and that services any oil or gas well may be considered by the Secretary to be an action that is categorically excluded (as defined in section 1508.1 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act)) for purposes of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) if the gathering line and associated field compression or pumping unit— (A) are within a field or unit for which an approved land use plan or an environmental document prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) analyzed transportation of oil, natural gas, or produced water from 1 or more oil or gas wells in the field or unit as a reasonably foreseeable activity; (B) are located adjacent to or within— (i) any existing disturbed area; or (ii) an existing corridor for a right-of-way; and (C) would reduce— (i) in the case of a gathering line and associated field compression or pumping unit transporting methane, the total quantity of methane that would otherwise be vented, flared, or unintentionally emitted from the field or unit; or (ii) in the case of a gathering line and associated field compression or pumping unit not transporting methane, the vehicular traffic that would otherwise service the field or unit. (2) Applicability Paragraph (1) shall apply to Indian land, or a portion of Indian land— (A) to which the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) applies; and (B) for which the Indian Tribe with jurisdiction over the Indian land submits to the Secretary a written request that paragraph (1) apply to that Indian land (or portion of Indian land). (c) Effect on other law Nothing in this section— (1) affects or alters any requirement— (A) relating to prior consent under— (i) section 2 of the Act of February 5, 1948 (62 Stat. 18, chapter 45; 25 U.S.C. 324 ); or (ii) section 16(e) of the Act of June 18, 1934 (48 Stat. 987, chapter 576; 102 Stat. 2939; 114 Stat. 47; 25 U.S.C. 5123(e) ) (commonly known as the Indian Reorganization Act ); (B) under section 306108 of title 54, United States Code; or (C) under any other Federal law (including regulations) relating to Tribal consent for rights-of-way across Indian land; or (2) makes the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) applicable to land to which that Act otherwise would not apply. 1319. Annual report (a) Definition of covered project In this section, the term covered project means a project or activity carried out with funds provided by the Department, including a project carried out under title 23 or 49, United States Code— (1) that is more than 5 years behind schedule; or (2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity. (b) Requirement Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on covered projects of the Department, which shall include, for each covered project— (1) a brief description of the covered project, including— (A) the purpose of the covered project; (B) each location in which the covered project is carried out; (C) the contract or award number of the covered project, if applicable; (D) the year in which the covered project was initiated; (E) the Federal share of the total cost of the covered project; and (F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project; (2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project; (3) the original expected date for completion of the covered project; (4) the current expected date for completion of the covered project; (5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics; (7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and (8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project. D Climate change 1401. Grants for charging and fueling infrastructure (a) Purpose The purpose of this section is to establish a grant program to strategically deploy publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors or in certain other locations that will be accessible to all drivers of electric vehicles, hydrogen vehicles, propane vehicles, and natural gas vehicles. (b) Grant program Section 151 of title 23, United States Code, is amended— (1) in subsection (a)— (A) by striking Not later than 1 year after the date of enactment of the FAST Act, the Secretary shall and inserting The Secretary shall periodically ; and (B) by striking to improve the mobility and inserting to support changes in the transportation sector that help achieve a reduction in greenhouse gas emissions and improve the mobility ; (2) in subsection (b)(2), by inserting previously designated by the Federal Highway Administration or before designated by ; (3) by striking subsection (d) and inserting the following: (d) Redesignation (1) Initial redesignation Not later than 180 days after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall update and redesignate the corridors under subsection (a). (2) Subsequent redesignation The Secretary shall establish a recurring process to regularly update and redesignate the corridors under subsection (a). ; (4) in subsection (e)— (A) in paragraph (1), by striking and at the end; (B) in paragraph (2)— (i) by striking establishes an aspirational goal of achieving and inserting describes efforts, including through funds awarded through the grant program under subsection (f), that will aid efforts to achieve ; and (ii) by striking by the end of fiscal year 2020. and inserting ; and ; and (C) by adding at the end the following: (3) summarizes best practices and provides guidance, developed through consultation with the Secretary of Energy, for project development of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure and natural gas fueling infrastructure at the State, Tribal, and local level to allow for the predictable deployment of that infrastructure. ; and (5) by adding at the end the following: (f) Grant program (1) Definition of private entity In this subsection, the term private entity means a corporation, partnership, company, or nonprofit organization. (2) Establishment Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a grant program to award grants to eligible entities to carry out the activities described in paragraph (6). (3) Eligible entities An entity eligible to receive a grant under this subsection is— (A) a State or political subdivision of a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a special purpose district or public authority with a transportation function, including a port authority; (E) an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); (F) a territory of the United States; (G) an authority, agency, or instrumentality of, or an entity owned by, 1 or more entities described in subparagraphs (A) through (F); or (H) a group of entities described in subparagraphs (A) through (G). (4) Applications To be eligible to receive a grant under this subsection, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary shall require, including— (A) a description of how the eligible entity has considered— (i) public accessibility of charging or fueling infrastructure proposed to be funded with a grant under this subsection, including— (I) charging or fueling connector types and publicly available information on real-time availability; and (II) payment methods to ensure secure, convenient, fair, and equal access; (ii) collaborative engagement with stakeholders (including automobile manufacturers, utilities, infrastructure providers, technology providers, electric charging, hydrogen, propane, and natural gas fuel providers, metropolitan planning organizations, States, Indian tribes, and units of local governments, fleet owners, fleet managers, fuel station owners and operators, labor organizations, infrastructure construction and component parts suppliers, and multi-State and regional entities)— (I) to foster enhanced, coordinated, public-private or private investment in electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (II) to expand deployment of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (III) to protect personal privacy and ensure cybersecurity; and (IV) to ensure that a properly trained workforce is available to construct and install electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; (iii) the location of the station or fueling site, such as consideration of— (I) the availability of onsite amenities for vehicle operators, such as restrooms or food facilities; (II) access in compliance with the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ); (III) height and fueling capacity requirements for facilities that charge or refuel large vehicles, such as semi-trailer trucks; and (IV) appropriate distribution to avoid redundancy and fill charging or fueling gaps; (iv) infrastructure installation that can be responsive to technology advancements, such as accommodating autonomous vehicles, vehicle-to-grid technology, and future charging methods; and (v) the long-term operation and maintenance of the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, to avoid stranded assets and protect the investment of public funds in that infrastructure; and (B) an assessment of the estimated emissions that will be reduced through the use of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, which shall be conducted using the Alternative Fuel Life-Cycle Environmental and Economic Transportation (AFLEET) tool developed by Argonne National Laboratory (or a successor tool). (5) Considerations In selecting eligible entities to receive a grant under this subsection, the Secretary shall— (A) consider the extent to which the application of the eligible entity would— (i) improve alternative fueling corridor networks by— (I) converting corridor-pending corridors to corridor-ready corridors; or (II) in the case of corridor-ready corridors, providing redundancy— (aa) to meet excess demand for charging or fueling infrastructure; or (bb) to reduce congestion at existing charging or fueling infrastructure in high-traffic locations; (ii) meet current or anticipated market demands for charging or fueling infrastructure; (iii) enable or accelerate the construction of charging or fueling infrastructure that would be unlikely to be completed without Federal assistance; (iv) support a long-term competitive market for electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that does not significantly impair existing electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure providers; (v) provide access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure in areas with a current or forecasted need; and (vi) deploy electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure for medium- and heavy-duty vehicles (including along the National Highway Freight Network established under section 167(c)) and in proximity to intermodal transfer stations; (B) ensure, to the maximum extent practicable, geographic diversity among grant recipients to ensure that electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure is available throughout the United States; (C) consider whether the private entity that the eligible entity contracts with under paragraph (6)— (i) submits to the Secretary the most recent year of audited financial statements; and (ii) has experience in installing and operating electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure; and (D) consider whether, to the maximum extent practicable, the eligible entity and the private entity that the eligible entity contracts with under paragraph (6) enter into an agreement— (i) to operate and maintain publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas infrastructure; and (ii) that provides a remedy and an opportunity to cure if the requirements described in clause (i) are not met. (6) Use of funds (A) In general An eligible entity receiving a grant under this subsection shall only use the funds in accordance with this paragraph to contract with a private entity for acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (B) Location of infrastructure Any publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired and installed with a grant under this subsection shall be located along an alternative fuel corridor designated under this section, on the condition that any affected Indian tribes are consulted before the designation. (C) Operating assistance (i) In general Subject to clauses (ii) and (iii), an eligible entity that receives a grant under this subsection may use a portion of the funds to provide to a private entity operating assistance for the first 5 years of operations after the installation of publicly available electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure while the facility transitions to independent system operations. (ii) Inclusions Operating assistance under this subparagraph shall be limited to costs allocable to operating and maintaining the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure and service. (iii) Limitation Operating assistance under this subparagraph may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (D) Traffic control devices (i) In general Subject to this paragraph, an eligible entity that receives a grant under this subsection may use a portion of the funds to acquire and install traffic control devices located in the right-of-way to provide directional information to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure acquired, installed, or operated with the grant. (ii) Applicability Clause (i) shall apply only to an eligible entity that— (I) receives a grant under this subsection; and (II) is using that grant for the acquisition and installation of publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (iii) Limitation on amount The amount of funds used to acquire and install traffic control devices under clause (i) may not exceed the amount of a contract under subparagraph (A) to acquire and install publicly accessible charging or fueling infrastructure. (iv) No new authority created Nothing in this subparagraph authorizes an eligible entity that receives a grant under this subsection to acquire and install traffic control devices if the entity is not otherwise authorized to do so. (E) Revenue (i) In general An eligible entity receiving a grant under this subsection and a private entity referred to in subparagraph (A) may enter into a cost-sharing agreement under which the private entity submits to the eligible entity a portion of the revenue from the electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (ii) Uses of revenue An eligible entity that receives revenue from a cost-sharing agreement under clause (i) may only use that revenue for a project that is eligible under this title. (7) Certain fuels The use of grants for propane fueling infrastructure under this subsection shall be limited to infrastructure for medium- and heavy-duty vehicles. (8) Community grants (A) In general Notwithstanding paragraphs (4), (5), and (6), the Secretary shall reserve 50 percent of the amounts made available each fiscal year to carry out this section to provide grants to eligible entities in accordance with this paragraph. (B) Applications To be eligible to receive a grant under this paragraph, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (C) Eligible entities An entity eligible to receive a grant under this paragraph is— (i) an entity described in paragraph (3); and (ii) a State or local authority with ownership of publicly accessible transportation facilities. (D) Eligible projects The Secretary may provide a grant under this paragraph for a project that is expected to reduce greenhouse gas emissions and to expand or fill gaps in access to publicly accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure, including— (i) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (ii) the acquisition and installation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle, including any related construction or reconstruction and the acquisition of real property directly related to the project, such as locations described in subparagraph (E), to expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure. (E) Project locations A project receiving a grant under this paragraph may be located on any public road or in other publicly accessible locations, such as parking facilities at public buildings, public schools, and public parks, or in publicly accessible parking facilities owned or managed by a private entity. (F) Priority In providing grants under this paragraph, the Secretary shall give priority to projects that expand access to electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure within— (i) rural areas; (ii) low- and moderate-income neighborhoods; and (iii) communities with a low ratio of private parking spaces to households or a high ratio of multiunit dwellings to single family homes, as determined by the Secretary. (G) Additional considerations In providing grants under this paragraph, the Secretary shall consider the extent to which the project— (i) contributes to geographic diversity among eligible entities, including achieving a balance between urban and rural communities; and (ii) meets current or anticipated market demands for charging or fueling infrastructure, including faster charging speeds with high-powered capabilities necessary to minimize the time to charge or refuel current and anticipated vehicles. (H) Partnering with private entities An eligible entity that receives a grant under this paragraph may use the grant funds to contract with a private entity for the acquisition, construction, installation, maintenance, or operation of electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, or natural gas fueling infrastructure that is directly related to the charging or fueling of a vehicle. (I) Maximum grant amount The amount of a grant under this paragraph shall not be more than $15,000,000. (J) Technical assistance Of the amounts reserved under subparagraph (A), the Secretary may use not more than 1 percent to provide technical assistance to eligible entities. (K) Additional activities The recipient of a grant under this paragraph may use not more than 5 percent of the grant funds on educational and community engagement activities to develop and implement education programs through partnerships with schools, community organizations, and vehicle dealerships to support the use of zero-emission vehicles and associated infrastructure. (9) Requirements (A) Project treatment Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under this chapter. (B) Signs Any traffic control device or on-premises sign acquired, installed, or operated with a grant under this subsection shall comply with— (i) the Manual on Uniform Traffic Control Devices, if located in the right-of-way; and (ii) other provisions of Federal, State, and local law, as applicable. (10) Federal share (A) In general The Federal share of the cost of a project carried out with a grant under this subsection shall not exceed 80 percent of the total project cost. (B) Responsibility of private entity As a condition of contracting with an eligible entity under paragraph (6) or (8), a private entity shall agree to pay the share of the cost of a project carried out with a grant under this subsection that is not paid by the Federal Government under subparagraph (A). (11) Report Not later than 3 years after the date of enactment of this subsection, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report on the progress and implementation of this subsection. . 1402. Reduction of truck emissions at port facilities (a) Establishment of program (1) In general The Secretary shall establish a program to reduce idling at port facilities, under which the Secretary shall— (A) study how ports and intermodal port transfer facilities would benefit from increased opportunities to reduce emissions at ports, including through the electrification of port operations; (B) study emerging technologies and strategies that may help reduce port-related emissions from idling trucks; and (C) coordinate and provide funding to test, evaluate, and deploy projects that reduce port-related emissions from idling trucks, including through the advancement of port electrification and improvements in efficiency, focusing on port operations, including heavy-duty commercial vehicles, and other related projects. (2) Consultation In carrying out the program under this subsection, the Secretary may consult with the Secretary of Energy and the Administrator of the Environmental Protection Agency. (b) Grants (1) In general In carrying out subsection (a)(1)(C), the Secretary shall award grants to fund projects that reduce emissions at ports, including through the advancement of port electrification. (2) Cost share A grant awarded under paragraph (1) shall not exceed 80 percent of the total cost of the project funded by the grant. (3) Coordination In carrying out the grant program under this subsection, the Secretary shall— (A) to the maximum extent practicable, leverage existing resources and programs of the Department and other relevant Federal agencies; and (B) coordinate with other Federal agencies, as the Secretary determines to be appropriate. (4) Application; selection (A) Application The Secretary shall solicit applications for grants under paragraph (1) at such time, in such manner, and containing such information as the Secretary determines to be necessary. (B) Selection The Secretary shall make grants under paragraph (1) by not later than April 1 of each fiscal year for which funding is made available. (5) Requirement Notwithstanding any other provision of law, any project funded by a grant under this subsection shall be treated as a project on a Federal-aid highway under chapter 1 of title 23, United States Code. (c) Report Not later than 1 year after the date on which all of the projects funded with a grant under subsection (b) are completed, the Secretary shall submit to Congress a report that includes— (1) the findings of the studies described in subparagraphs (A) and (B) of subsection (a)(1); (2) the results of the projects that received a grant under subsection (b); (3) any recommendations for workforce development and training opportunities with respect to port electrification; and (4) any policy recommendations based on the findings and results described in paragraphs (1) and (2). 1403. Carbon reduction program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1203(a)), is amended by adding at the end the following: 175. Carbon reduction program (a) Definitions In this section: (1) Metropolitan planning organization; urbanized area The terms metropolitan planning organization and urbanized area have the meaning given those terms in section 134(b). (2) Transportation emissions The term transportation emissions means carbon dioxide emissions from on-road highway sources of those emissions within a State. (3) Transportation management area The term transportation management area means a transportation management area identified or designated by the Secretary under section 134(k)(1). (b) Establishment The Secretary shall establish a carbon reduction program to reduce transportation emissions. (c) Eligible projects (1) In general Subject to paragraph (2), funds apportioned to a State under section 104(b)(7) may be obligated for projects to support the reduction of transportation emissions, including— (A) a project described in section 149(b)(4) to establish or operate a traffic monitoring, management, and control facility or program, including advanced truck stop electrification systems; (B) a public transportation project that is eligible for assistance under section 142; (C) a project described in section 101(a)(29) (as in effect on the day before the date of enactment of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312)), including the construction, planning, and design of on-road and off-road trail facilities for pedestrians, bicyclists, and other nonmotorized forms of transportation; (D) a project described in section 503(c)(4)(E) for advanced transportation and congestion management technologies; (E) a project for the deployment of infrastructure-based intelligent transportation systems capital improvements and the installation of vehicle-to-infrastructure communications equipment, including retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology; (F) a project to replace street lighting and traffic control devices with energy-efficient alternatives; (G) the development of a carbon reduction strategy in accordance with subsection (d); (H) a project or strategy that is designed to support congestion pricing, shifting transportation demand to nonpeak hours or other transportation modes, increasing vehicle occupancy rates, or otherwise reducing demand for roads, including electronic toll collection, and travel demand management strategies and programs; (I) efforts to reduce the environmental and community impacts of freight movement; (J) a project to support deployment of alternative fuel vehicles, including— (i) the acquisition, installation, or operation of publicly accessible electric vehicle charging infrastructure or hydrogen, natural gas, or propane vehicle fueling infrastructure; and (ii) the purchase or lease of zero-emission construction equipment and vehicles, including the acquisition, construction, or leasing of required supporting facilities; (K) a project described in section 149(b)(8) for a diesel engine retrofit; (L) a project described in section 149(b)(5) that does not result in the construction of new capacity; and (M) a project that reduces transportation emissions at port facilities, including through the advancement of port electrification. (2) Flexibility In addition to the eligible projects under paragraph (1), a State may use funds apportioned under section 104(b)(7) for a project eligible under section 133(b) if the Secretary certifies that the State has demonstrated a reduction in transportation emissions— (A) as estimated on a per capita basis; and (B) as estimated on a per unit of economic output basis. (d) Carbon reduction strategy (1) In general Not later than 2 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , a State, in consultation with any metropolitan planning organization designated within the State, shall develop a carbon reduction strategy in accordance with this subsection. (2) Requirements The carbon reduction strategy of a State developed under paragraph (1) shall— (A) support efforts to reduce transportation emissions; (B) identify projects and strategies to reduce transportation emissions, which may include projects and strategies for safe, reliable, and cost-effective options— (i) to reduce traffic congestion by facilitating the use of alternatives to single-occupant vehicle trips, including public transportation facilities, pedestrian facilities, bicycle facilities, and shared or pooled vehicle trips within the State or an area served by the applicable metropolitan planning organization, if any; (ii) to facilitate the use of vehicles or modes of travel that result in lower transportation emissions per person-mile traveled as compared to existing vehicles and modes; and (iii) to facilitate approaches to the construction of transportation assets that result in lower transportation emissions as compared to existing approaches; (C) support the reduction of transportation emissions of the State; (D) at the discretion of the State, quantify the total carbon emissions from the production, transport, and use of materials used in the construction of transportation facilities within the State; and (E) be appropriate to the population density and context of the State, including any metropolitan planning organization designated within the State. (3) Updates The carbon reduction strategy of a State developed under paragraph (1) shall be updated not less frequently than once every 4 years. (4) Review Not later than 90 days after the date on which a State submits a request for the approval of a carbon reduction strategy developed by the State under paragraph (1), the Secretary shall— (A) review the process used to develop the carbon reduction strategy; and (B) (i) certify that the carbon reduction strategy meets the requirements of paragraph (2); or (ii) deny certification of the carbon reduction strategy and specify the actions necessary for the State to take to correct the deficiencies in the process of the State in developing the carbon reduction strategy. (5) Technical assistance At the request of a State, the Secretary shall provide technical assistance in the development of the carbon reduction strategy under paragraph (1). (e) Suballocation (1) In general For each fiscal year, of the funds apportioned to the State under section 104(b)(7)— (A) 65 percent shall be obligated, in proportion to their relative shares of the population of the State— (i) in urbanized areas of the State with an urbanized area population of more than 200,000; (ii) in urbanized areas of the State with an urbanized population of not less than 50,000 and not more than 200,000; (iii) in urban areas of the State with a population of not less than 5,000 and not more than 49,999; and (iv) in other areas of the State with a population of less than 5,000; and (B) the remainder may be obligated in any area of the State. (2) Metropolitan areas Funds attributed to an urbanized area under paragraph (1)(A)(i) may be obligated in the metropolitan area established under section 134 that encompasses the urbanized area. (3) Distribution among urbanized areas of over 50,000 population (A) In general Except as provided in subparagraph (B), the amounts that a State is required to obligate under clauses (i) and (ii) of paragraph (1)(A) shall be obligated in urbanized areas described in those clauses based on the relative population of the areas. (B) Other factors The State may obligate the funds described in subparagraph (A) based on other factors if— (i) the State and the relevant metropolitan planning organizations jointly apply to the Secretary for the permission to base the obligation on other factors; and (ii) the Secretary grants the request. (4) Coordination in urbanized areas Before obligating funds for an eligible project under subsection (c) in an urbanized area that is not a transportation management area, a State shall coordinate with any metropolitan planning organization that represents the urbanized area prior to determining which activities should be carried out under the project. (5) Consultation in rural areas Before obligating funds for an eligible project under subsection (c) in a rural area, a State shall consult with any regional transportation planning organization or metropolitan planning organization that represents the rural area prior to determining which activities should be carried out under the project. (6) Obligation authority (A) In general A State that is required to obligate in an urbanized area with an urbanized area population of 50,000 or more under this subsection funds apportioned to the State under section 104(b)(7) shall make available during the period of fiscal years 2022 through 2026 an amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs for use in the area that is equal to the amount obtained by multiplying— (i) the aggregate amount of funds that the State is required to obligate in the area under this subsection during the period; and (ii) the ratio that— (I) the aggregate amount of obligation authority distributed to the State for Federal-aid highways and highway safety construction programs during the period; bears to (II) the total of the sums apportioned to the State for Federal-aid highways and highway safety construction programs (excluding sums not subject to an obligation limitation) during the period. (B) Joint responsibility Each State, each affected metropolitan planning organization, and the Secretary shall jointly ensure compliance with subparagraph (A). (f) Federal share The Federal share of the cost of a project carried out using funds apportioned to a State under section 104(b)(7) shall be determined in accordance with section 120. . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1203(b)) is amended by inserting after the item relating to section 174 the following: 175. Carbon reduction program. . 1404. Congestion relief program (a) In general Section 129 of title 23, United States Code, is amended by adding at the end the following: (d) Congestion relief program (1) Definitions In this subsection: (A) Eligible entity The term eligible entity means any of the following: (i) A State, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (ii) A metropolitan planning organization, city, or municipality, for the purpose of carrying out a project in an urbanized area with a population of more than 1,000,000. (B) Integrated congestion management system The term integrated congestion management system means a system for the integration of management and operations of a regional transportation system that includes, at a minimum, traffic incident management, work zone management, traffic signal timing, managed lanes, real-time traveler information, and active traffic management, in order to maximize the capacity of all facilities and modes across the applicable region. (C) Program The term program means the congestion relief program established under paragraph (2). (2) Establishment The Secretary shall establish a congestion relief program to provide discretionary grants to eligible entities to advance innovative, integrated, and multimodal solutions to congestion relief in the most congested metropolitan areas of the United States. (3) Program goals The goals of the program are to reduce highway congestion, reduce economic and environmental costs associated with that congestion, including transportation emissions, and optimize existing highway capacity and usage of highway and transit systems through— (A) improving intermodal integration with highways, highway operations, and highway performance; (B) reducing or shifting highway users to off-peak travel times or to nonhighway travel modes during peak travel times; and (C) pricing of, or based on, as applicable— (i) parking; (ii) use of roadways, including in designated geographic zones; or (iii) congestion. (4) Eligible projects Funds from a grant under the program may be used for a project or an integrated collection of projects, including planning, design, implementation, and construction activities, to achieve the program goals under paragraph (3), including— (A) deployment and operation of an integrated congestion management system; (B) deployment and operation of a system that implements or enforces high occupancy vehicle toll lanes, cordon pricing, parking pricing, or congestion pricing; (C) deployment and operation of mobility services, including establishing account-based financial systems, commuter buses, commuter vans, express operations, paratransit, and on-demand microtransit; and (D) incentive programs that encourage travelers to carpool, use nonhighway travel modes during peak period, or travel during nonpeak periods. (5) Application; selection (A) Application To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (B) Priority In providing grants under the program, the Secretary shall give priority to projects in urbanized areas that are experiencing a high degree of recurrent congestion. (C) Federal share The Federal share of the cost of a project carried out with a grant under the program shall not exceed 80 percent of the total project cost. (D) Minimum award A grant provided under the program shall be not less than $10,000,000. (6) Use of tolling (A) In general Notwithstanding subsection (a)(1) and section 301 and subject to subparagraphs (B) and (C), the Secretary shall allow the use of tolls on the Interstate System as part of a project carried out with a grant under the program. (B) Requirements The Secretary may only approve the use of tolls under subparagraph (A) if— (i) the eligible entity has authority under State, and if applicable, local, law to assess the applicable toll; (ii) the maximum toll rate for any vehicle class is not greater than the product obtained by multiplying— (I) the toll rate for any other vehicle class; and (II) 5; (iii) the toll rates are not charged or varied on the basis of State residency; (iv) the Secretary determines that the use of tolls will enable the eligible entity to achieve the program goals under paragraph (3) without a significant impact to safety or mobility within the urbanized area in which the project is located; and (v) the use of toll revenues complies with subsection (a)(3). (C) Limitation The Secretary may not approve the use of tolls on the Interstate System under the program in more than 10 urbanized areas. (7) Financial effects on low-income drivers A project under the program— (A) shall include, if appropriate, an analysis of the potential effects of the project on low-income drivers; and (B) may include mitigation measures to deal with any potential adverse financial effects on low-income drivers. . (b) High occupancy vehicle use of certain toll facilities Section 129(a) of title 23, United States Code, is amended— (1) by redesignating paragraph (10) as paragraph (11); and (2) by inserting after paragraph (9) the following: (10) High occupancy vehicle use of certain toll facilities Notwithstanding section 102(a), in the case of a toll facility that is on the Interstate System and that is constructed or converted after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the public authority with jurisdiction over the toll facility shall allow high occupancy vehicles, transit, and paratransit vehicles to use the facility at a discount rate or without charge, unless the public authority, in consultation with the Secretary, determines that the number of those vehicles using the facility reduces the travel time reliability of the facility. . 1405. Freight plans (a) National and State freight plans (1) National freight strategic plan Section 70102(b) of title 49, United States Code, is amended— (A) in paragraph (10), by striking and at the end; (B) in paragraph (11), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (12) possible strategies to increase the resilience of the freight system, including the ability to anticipate, prepare for, or adapt to conditions, or withstand, respond to, or recover rapidly from disruptions, including extreme weather and natural disasters; (13) strategies to promote United States economic growth and international competitiveness; and (14) strategies to reduce local air pollution from freight movement, stormwater runoff, and wildlife habitat loss resulting from freight facilities, freight vehicles, or freight activity. . (2) State freight plans Section 70202 of title 49, United States Code, is amended— (A) in subsection (b)— (i) in paragraph (9), by striking and at the end; (ii) by redesignating paragraph (10) as paragraph (12); and (iii) by inserting after paragraph (9) the following: (10) the most recent commercial motor vehicle parking facilities assessment conducted under subsection (f); (11) strategies and goals to decrease— (A) the severity of impacts of extreme weather and natural disasters on freight mobility; (B) the impacts of freight movement on local air pollution; (C) the impacts of freight movement on flooding and stormwater runoff; and (D) the impacts of freight movement on wildlife habitat loss; and ; (B) by redesignating subsection (e) as subsection (h); and (C) by inserting after subsection (d) the following: (e) Priority Each State freight plan under this section shall include a requirement that the State, in carrying out activities under the State freight plan— (1) enhance reliability or redundancy of freight transportation; or (2) incorporate the ability to rapidly restore access and reliability of freight transportation. (f) Commercial motor vehicle parking facilities assessments As part of the development or updating, as applicable, of the State freight plan under this section, each State that receives funding under section 167 of title 23, in consultation with relevant State motor carrier safety personnel, shall conduct an assessment of— (1) the capability of the State, together with the private sector in the State, to provide adequate parking facilities and rest facilities for commercial motor vehicles engaged in interstate transportation; (2) the volume of commercial motor vehicle traffic in the State; and (3) whether there are any areas within the State that have a shortage of adequate commercial motor vehicle parking facilities, including an analysis (economic or otherwise, as the State determines to be appropriate) of the underlying causes of any such shortages. (g) Approval (1) In general The Secretary of Transportation shall approve a State freight plan described in subsection (a) if the plan achieves compliance with the requirements of this section. (2) Savings provision Nothing in this subsection establishes new procedural requirements for the approval of a State freight plan described in subsection (a). . (b) Studies For the purpose of facilitating the integration of intelligent transportation systems into the freight transportation network powered by electricity, the Secretary, acting through the Administrator of the Federal Highway Administration, shall conduct a study relating to— (1) preparing to supply power to applicable electrical freight infrastructure; and (2) safely integrating freight into intelligent transportation systems. 1406. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program (a) In general Chapter 1 of title 23, United States Code (as amended by section 1403(a)), is amended by adding at the end the following: 176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program (a) Definitions In this section: (1) Emergency event The term emergency event means a natural disaster or catastrophic failure resulting in— (A) an emergency declared by the Governor of the State in which the disaster or failure occurred; or (B) an emergency or disaster declared by the President. (2) Evacuation route The term evacuation route means a transportation route or system that— (A) is owned, operated, or maintained by a Federal, State, Tribal, or local government; (B) is used— (i) to transport the public away from emergency events; or (ii) to transport emergency responders and recovery resources; and (C) is designated by the eligible entity with jurisdiction over the area in which the route is located for the purposes described in subparagraph (B). (3) Program The term program means the program established under subsection (b)(1). (4) Resilience improvement The term resilience improvement means the use of materials or structural or nonstructural techniques, including natural infrastructure— (A) that allow a project— (i) to better anticipate, prepare for, and adapt to changing conditions and to withstand and respond to disruptions; and (ii) to be better able to continue to serve the primary function of the project during and after weather events and natural disasters for the expected life of the project; or (B) that— (i) reduce the magnitude and duration of impacts of current and future weather events and natural disasters to a project; or (ii) have the absorptive capacity, adaptive capacity, and recoverability to decrease project vulnerability to current and future weather events or natural disasters. (b) Establishment (1) In general The Secretary shall establish a program, to be known as the Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation program or the PROTECT program . (2) Purpose The purpose of the program is to provide grants for resilience improvements through— (A) formula funding distributed to States to carry out subsection (c); (B) competitive planning grants to enable communities to assess vulnerabilities to current and future weather events and natural disasters and changing conditions, including sea level rise, and plan transportation improvements and emergency response strategies to address those vulnerabilities; and (C) competitive resilience improvement grants to protect— (i) surface transportation assets by making the assets more resilient to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperature, and earthquakes; (ii) communities through resilience improvements and strategies that allow for the continued operation or rapid recovery of surface transportation systems that— (I) serve critical local, regional, and national needs, including evacuation routes; and (II) provide access or service to hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities; (iii) coastal infrastructure, such as a tide gate to protect highways, that is at long-term risk to sea level rise; and (iv) natural infrastructure that protects and enhances surface transportation assets while improving ecosystem conditions, including culverts that ensure adequate flows in rivers and estuarine systems. (c) Eligible activities for apportioned funding (1) In general Except as provided in paragraph (2), funds apportioned to the State under section 104(b)(8) shall be obligated for activities eligible under subparagraph (A), (B), or (C) of subsection (d)(4). (2) Planning set-aside Of the funds apportioned to a State under section 104(b)(8) for each fiscal year, not less than 2 percent shall be for activities described in subsection (d)(3). (3) Requirements (A) Projects in certain areas If a project under this subsection is carried out, in whole or in part, within a base floodplain, the State shall— (i) identify the base floodplain in which the project is to be located and disclose that information to the Secretary; and (ii) indicate to the Secretary whether the State plans to implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) with respect to the area. (B) Eligibilities A State shall use funds apportioned to the State under section 104(b)(8) for— (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; or (iii) a port facility, including a facility that— (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (C) System resilience A project carried out by a State with funds apportioned to the State under section 104(b)(8) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that are functionally connected to a transportation improvement, such as— (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installation of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; (iv) upgrades to and installation of flood gates to protect tunnel entrances; and (v) improving functionality and resiliency of stormwater controls, including inventory inspections, upgrades to, and preservation of best management practices to protect surface transportation infrastructure. (D) Federal cost share (i) In general Except as provided in subsection (e)(1), the Federal share of the cost of a project carried out using funds apportioned to the State under section 104(b)(8) shall not exceed 80 percent of the total project cost. (ii) Non-federal share A State may use Federal funds other than Federal funds apportioned to the State under section 104(b)(8) to meet the non-Federal cost share requirement for a project under this subsection. (E) Eligible project costs (i) In general Except as provided in clause (ii), eligible project costs for activities carried out by a State with funds apportioned to the State under section 104(b)(8) may include the costs of— (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii) Eligible planning costs In the case of a planning activity described in subsection (d)(3) that is carried out by a State with funds apportioned to the State under section 104(b)(8), eligible costs may include development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of subsection (d)(3). (F) Limitations A State— (i) may use not more than 40 percent of the amounts apportioned to the State under section 104(b)(8) for the construction of new capacity; and (ii) may use not more than 10 percent of the amounts apportioned to the State under section 104(b)(8) for activities described in subparagraph (E)(i)(I). (d) Competitive awards (1) In general In addition to funds apportioned to States under section 104(b)(8) to carry out activities under subsection (c), the Secretary shall provide grants on a competitive basis under this subsection to eligible entities described in paragraph (2). (2) Eligible entities Except as provided in paragraph (4)(C), the Secretary may make a grant under this subsection to any of the following: (A) A State or political subdivision of a State. (B) A metropolitan planning organization. (C) A unit of local government. (D) A special purpose district or public authority with a transportation function, including a port authority. (E) An Indian tribe (as defined in section 207(m)(1)). (F) A Federal land management agency that applies jointly with a State or group of States. (G) A multi-State or multijurisdictional group of entities described in subparagraphs (A) through (F). (3) Planning grants Using funds made available under this subsection, the Secretary shall provide planning grants to eligible entities for the purpose of— (A) in the case of a State or metropolitan planning organization, developing a resilience improvement plan under subsection (e)(2); (B) resilience planning, predesign, design, or the development of data tools to simulate transportation disruption scenarios, including vulnerability assessments; (C) technical capacity building by the eligible entity to facilitate the ability of the eligible entity to assess the vulnerabilities of the surface transportation assets and community response strategies of the eligible entity under current conditions and a range of potential future conditions; or (D) evacuation planning and preparation. (4) Resilience grants (A) Resilience improvement grants (i) In general Using funds made available under this subsection, the Secretary shall provide resilience improvement grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities (I) In general An eligible entity may use a resilience improvement grant under this subparagraph for 1 or more construction activities to improve the ability of an existing surface transportation asset to withstand 1 or more elements of a weather event or natural disaster, or to increase the resilience of surface transportation infrastructure from the impacts of changing conditions, such as sea level rise, flooding, wildfires, extreme weather events, and other natural disasters. (II) Inclusions An activity eligible to be carried out under this subparagraph includes— (aa) resurfacing, restoration, rehabilitation, reconstruction, replacement, improvement, or realignment of an existing surface transportation facility eligible for assistance under this title; (bb) the incorporation of natural infrastructure; (cc) the upgrade of an existing surface transportation facility to meet or exceed a design standard adopted by the Federal Highway Administration; (dd) the installation of mitigation measures that prevent the intrusion of floodwaters into surface transportation systems; (ee) strengthening systems that remove rainwater from surface transportation facilities; (ff) upgrades to and installation of structural stormwater controls; (gg) a resilience project that addresses identified vulnerabilities described in the resilience improvement plan of the eligible entity, if applicable; (hh) relocating roadways in a base floodplain to higher ground above projected flood elevation levels, or away from slide prone areas; (ii) stabilizing slide areas or slopes; (jj) installing riprap; (kk) lengthening or raising bridges to increase waterway openings, including to respond to extreme weather; (ll) increasing the size or number of drainage structures; (mm) installing seismic retrofits on bridges; (nn) adding scour protection at bridges; (oo) adding scour, stream stability, coastal, and other hydraulic countermeasures, including spur dikes; (pp) vegetation management practices in transportation rights-of-way to improve roadway safety, prevent against invasive species, facilitate wildfire control, and provide erosion control; and (qq) any other protective features, including natural infrastructure, as determined by the Secretary. (iii) Priority The Secretary shall prioritize a resilience improvement grant to an eligible entity if— (I) the Secretary determines— (aa) the benefits of the eligible activity proposed to be carried out by the eligible entity exceed the costs of the activity; and (bb) there is a need to address the vulnerabilities of surface transportation assets of the eligible entity with a high risk of, and impacts associated with, failure due to the impacts of weather events, natural disasters, or changing conditions, such as sea level rise, wildfires, and increased flood risk; or (II) the eligible activity proposed to be carried out by the eligible entity is included in the applicable resilience improvement plan under subsection (e)(2). (B) Community resilience and evacuation route grants (i) In general Using funds made available under this subsection, the Secretary shall provide community resilience and evacuation route grants to eligible entities to carry out 1 or more eligible activities under clause (ii). (ii) Eligible activities An eligible entity may use a community resilience and evacuation route grant under this subparagraph for 1 or more projects that strengthen and protect evacuation routes that are essential for providing and supporting evacuations caused by emergency events, including a project that— (I) is an eligible activity under subparagraph (A)(ii), if that eligible activity will improve an evacuation route; (II) ensures the ability of the evacuation route to provide safe passage during an evacuation and reduces the risk of damage to evacuation routes as a result of future emergency events, including restoring or replacing existing evacuation routes that are in poor condition or not designed to meet the anticipated demand during an emergency event, and including steps to protect routes from mud, rock, or other debris slides; (III) if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources, expands the capacity of evacuation routes to swiftly and safely accommodate evacuations, including installation of— (aa) communications and intelligent transportation system equipment and infrastructure; (bb) counterflow measures; or (cc) shoulders; (IV) is for the construction of new or redundant evacuation routes, if the eligible entity notifies the Secretary that existing evacuation routes are not sufficient to adequately facilitate evacuations, including the transportation of emergency responders and recovery resources; (V) is for the acquisition of evacuation route or traffic incident management equipment or signage; or (VI) will ensure access or service to critical destinations, including hospitals and other medical or emergency service facilities, major employers, critical manufacturing centers, ports and intermodal facilities, utilities, and Federal facilities. (iii) Priority The Secretary shall prioritize community resilience and evacuation route grants under this subparagraph for eligible activities that are cost-effective, as determined by the Secretary, taking into account— (I) current and future vulnerabilities to an evacuation route due to future occurrence or recurrence of emergency events that are likely to occur in the geographic area in which the evacuation route is located; and (II) projected changes in development patterns, demographics, and extreme weather events based on the best available evidence and analysis. (iv) Consultation In providing grants for community resilience and evacuation routes under this subparagraph, the Secretary may consult with the Administrator of the Federal Emergency Management Agency, who may provide technical assistance to the Secretary and to eligible entities. (C) At-risk coastal infrastructure grants (i) Definition of eligible entity In this subparagraph, the term eligible entity means any of the following: (I) A State (including the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands) in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes. (II) A political subdivision of a State described in subclause (I). (III) A metropolitan planning organization in a State described in subclause (I). (IV) A unit of local government in a State described in subclause (I). (V) A special purpose district or public authority with a transportation function, including a port authority, in a State described in subclause (I). (VI) An Indian tribe in a State described in subclause (I). (VII) A Federal land management agency that applies jointly with a State or group of States described in subclause (I). (VIII) A multi-State or multijurisdictional group of entities described in subclauses (I) through (VII). (ii) Grants Using funds made available under this subsection, the Secretary shall provide at-risk coastal infrastructure grants to eligible entities to carry out 1 or more eligible activities under clause (iii). (iii) Eligible activities An eligible entity may use an at-risk coastal infrastructure grant under this subparagraph for strengthening, stabilizing, hardening, elevating, relocating, or otherwise enhancing the resilience of highway and non-rail infrastructure, including bridges, roads, pedestrian walkways, and bicycle lanes, and associated infrastructure, such as culverts and tide gates to protect highways, that are subject to, or face increased long-term future risks of, a weather event, a natural disaster, or changing conditions, including coastal flooding, coastal erosion, wave action, storm surge, or sea level rise, in order to improve transportation and public safety and to reduce costs by avoiding larger future maintenance or rebuilding costs. (iv) Criteria The Secretary shall provide at-risk coastal infrastructure grants under this subparagraph for a project— (I) that addresses the risks from a current or future weather event or natural disaster, including coastal flooding, coastal erosion, wave action, storm surge, or sea level change; and (II) that reduces long-term infrastructure costs by avoiding larger future maintenance or rebuilding costs. (v) Coastal benefits In addition to the criteria under clause (iv), for the purpose of providing at-risk coastal infrastructure grants under this subparagraph, the Secretary shall evaluate the extent to which a project will provide— (I) access to coastal homes, businesses, communities, and other critical infrastructure, including access by first responders and other emergency personnel; or (II) access to a designated evacuation route. (5) Grant requirements (A) Solicitations for grants In providing grants under this subsection, the Secretary shall conduct a transparent and competitive national solicitation process to select eligible projects to receive grants under paragraph (3) and subparagraphs (A), (B), and (C) of paragraph (4). (B) Applications (i) In general To be eligible to receive a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4), an eligible entity shall submit to the Secretary an application in such form, at such time, and containing such information as the Secretary determines to be necessary. (ii) Projects in certain areas If a project is proposed to be carried out by the eligible entity, in whole or in part, within a base floodplain, the eligible entity shall— (I) as part of the application, identify the floodplain in which the project is to be located and disclose that information to the Secretary; and (II) indicate in the application whether, if selected, the eligible entity will implement 1 or more components of the risk mitigation plan under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ) with respect to the area. (C) Eligibilities The Secretary may make a grant under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) only for— (i) a highway project eligible for assistance under this title; (ii) a public transportation facility or service eligible for assistance under chapter 53 of title 49; (iii) a facility or service for intercity rail passenger transportation (as defined in section 24102 of title 49); or (iv) a port facility, including a facility that— (I) connects a port to other modes of transportation; (II) improves the efficiency of evacuations and disaster relief; or (III) aids transportation. (D) System resilience A project for which a grant is provided under paragraph (3) or subparagraph (A), (B), or (C) of paragraph (4) may include the use of natural infrastructure or the construction or modification of storm surge, flood protection, or aquatic ecosystem restoration elements that the Secretary determines are functionally connected to a transportation improvement, such as— (i) increasing marsh health and total area adjacent to a highway right-of-way to promote additional flood storage; (ii) upgrades to and installing of culverts designed to withstand 100-year flood events; (iii) upgrades to and installation of tide gates to protect highways; and (iv) upgrades to and installation of flood gates to protect tunnel entrances. (E) Federal cost share (i) Planning grant The Federal share of the cost of a planning activity carried out using a planning grant under paragraph (3) shall be 100 percent. (ii) Resilience grants (I) In general Except as provided in subclause (II) and subsection (e)(1), the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) shall not exceed 80 percent of the total project cost. (II) Tribal projects On the determination of the Secretary, the Federal share of the cost of a project carried out using a grant under subparagraph (A), (B), or (C) of paragraph (4) by an Indian tribe (as defined in section 207(m)(1)) may be up to 100 percent. (iii) Non-federal share The eligible entity may use Federal funds other than Federal funds provided under this subsection to meet the non-Federal cost share requirement for a project carried out with a grant under this subsection. (F) Eligible project costs (i) Resilience grant projects Eligible project costs for activities funded with a grant under subparagraph (A), (B), or (C) of paragraph (4) may include the costs of— (I) development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and (II) construction, reconstruction, rehabilitation, and acquisition of real property (including land related to the project and improvements to land), environmental mitigation, construction contingencies, acquisition of equipment directly related to improving system performance, and operational improvements. (ii) Planning grants Eligible project costs for activities funded with a grant under paragraph (3) may include the costs of development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, other preconstruction activities, and other activities consistent with carrying out the purposes of that paragraph. (G) Limitations (i) In general An eligible entity that receives a grant under subparagraph (A), (B), or (C) of paragraph (4)— (I) may use not more than 40 percent of the amount of the grant for the construction of new capacity; and (II) may use not more than 10 percent of the amount of the grant for activities described in subparagraph (F)(i)(I). (ii) Limit on certain activities For each fiscal year, not more than 25 percent of the total amount provided under this subsection may be used for projects described in subparagraph (C)(iii). (H) Distribution of grants (i) In general Subject to the availability of funds, an eligible entity may request and the Secretary may distribute funds for a grant under this subsection on a multiyear basis, as the Secretary determines to be necessary. (ii) Rural set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 25 percent for grants for projects located in areas that are outside an urbanized area with a population of over 200,000. (iii) Tribal set-aside Of the amounts made available to carry out this subsection for each fiscal year, the Secretary shall use not less than 2 percent for grants to Indian tribes (as defined in section 207(m)(1)). (iv) Reallocation For any fiscal year, if the Secretary determines that the amount described in clause (ii) or (iii) will not be fully utilized for the grant described in that clause, the Secretary may reallocate the unutilized funds to provide grants to other eligible entities under this subsection. (6) Consultation In carrying out this subsection, the Secretary shall— (A) consult with the Assistant Secretary of the Army for Civil Works, the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Commerce; and (B) solicit technical support from the Administrator of the Federal Emergency Management Agency. (7) Grant administration The Secretary may— (A) retain not more than a total of 5 percent of the funds made available to carry out this subsection and to review applications for grants under this subsection; and (B) transfer portions of the funds retained under subparagraph (A) to the relevant Administrators to fund the award and oversight of grants provided under this subsection. (e) Resilience improvement plan and lower non-Federal share (1) Federal share reductions (A) In general A State that receives funds apportioned to the State under section 104(b)(8) or an eligible entity that receives a grant under subsection (d) shall have the non-Federal share of a project carried out with the funds or grant, as applicable, reduced by an amount described in subparagraph (B) if the State or eligible entity meets the applicable requirements under that subparagraph. (B) Amount of reductions (i) Resilience improvement plan Subject to clause (iii), the amount of the non-Federal share of the costs of a project carried out with funds apportioned to a State under section 104(b)(8) or a grant under subsection (d) shall be reduced by 7 percentage points if— (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the State or eligible entity has— (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that has— (aa) developed a resilience improvement plan in accordance with this subsection; and (bb) prioritized the project on that resilience improvement plan. (ii) Incorporation of resilience improvement plan in other planning Subject to clause (iii), the amount of the non-Federal share of the cost of a project carried out with funds under subsection (c) or a grant under subsection (d) shall be reduced by 3 percentage points if— (I) in the case of a State or an eligible entity that is a State or a metropolitan planning organization, the resilience improvement plan developed in accordance with this subsection has been incorporated into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable; and (II) in the case of an eligible entity not described in subclause (I), the eligible entity is located in a State or an area served by a metropolitan planning organization that incorporated a resilience improvement plan into the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable. (iii) Limitations (I) Maximum reduction A State or eligible entity may not receive a reduction under this paragraph of more than 10 percentage points for any single project carried out with funds under subsection (c) or a grant under subsection (d). (II) No negative non-Federal share A reduction under this paragraph shall not reduce the non-Federal share of the costs of a project carried out with funds under subsection (c) or a grant under subsection (d) to an amount that is less than zero. (2) Plan contents A resilience improvement plan referred to in paragraph (1)— (A) shall be for the immediate and long-range planning activities and investments of the State or metropolitan planning organization with respect to resilience of the surface transportation system within the boundaries of the State or metropolitan planning organization, as applicable; (B) shall demonstrate a systemic approach to surface transportation system resilience and be consistent with and complementary of the State and local mitigation plans required under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 ); (C) shall include a risk-based assessment of vulnerabilities of transportation assets and systems to current and future weather events and natural disasters, such as severe storms, flooding, drought, levee and dam failures, wildfire, rockslides, mudslides, sea level rise, extreme weather, including extreme temperatures, and earthquakes; (D) may— (i) designate evacuation routes and strategies, including multimodal facilities, designated with consideration for individuals without access to personal vehicles; (ii) plan for response to anticipated emergencies, including plans for the mobility of— (I) emergency response personnel and equipment; and (II) access to emergency services, including for vulnerable or disadvantaged populations; (iii) describe the resilience improvement policies, including strategies, land-use and zoning changes, investments in natural infrastructure, or performance measures that will inform the transportation investment decisions of the State or metropolitan planning organization with the goal of increasing resilience; (iv) include an investment plan that— (I) includes a list of priority projects; and (II) describes how funds apportioned to the State under section 104(b)(8) or provided by a grant under the program would be invested and matched, which shall not be subject to fiscal constraint requirements; and (v) use science and data and indicate the source of data and methodologies; and (E) shall, as appropriate— (i) include a description of how the plan will improve the ability of the State or metropolitan planning organization— (I) to respond promptly to the impacts of weather events and natural disasters; and (II) to be prepared for changing conditions, such as sea level rise and increased flood risk; (ii) describe the codes, standards, and regulatory framework, if any, adopted and enforced to ensure resilience improvements within the impacted area of proposed projects included in the resilience improvement plan; (iii) consider the benefits of combining hard surface transportation assets, and natural infrastructure, through coordinated efforts by the Federal Government and the States; (iv) assess the resilience of other community assets, including buildings and housing, emergency management assets, and energy, water, and communication infrastructure; (v) use a long-term planning period; and (vi) include such other information as the State or metropolitan planning organization considers appropriate. (3) No new planning requirements Nothing in this section requires a metropolitan planning organization or a State to develop a resilience improvement plan or to include a resilience improvement plan under the metropolitan transportation plan under section 134 or the long-range statewide transportation plan under section 135, as applicable, of the metropolitan planning organization or State. (f) Monitoring (1) In general Not later than 18 months after the date of enactment of this section, the Secretary shall— (A) establish, for the purpose of evaluating the effectiveness and impacts of projects carried out with a grant under subsection (d)— (i) subject to paragraph (2), transportation and any other metrics as the Secretary determines to be necessary; and (ii) procedures for monitoring and evaluating projects based on those metrics; and (B) select a representative sample of projects to evaluate based on the metrics and procedures established under subparagraph (A). (2) Notice Before adopting any metrics described in paragraph (1), the Secretary shall— (A) publish the proposed metrics in the Federal Register; and (B) provide to the public an opportunity for comment on the proposed metrics. (g) Reports (1) Reports from eligible entities Not later than 1 year after the date on which a project carried out with a grant under subsection (d) is completed, the eligible entity that carried out the project shall submit to the Secretary a report on the results of the project and the use of the funds awarded. (2) Reports to Congress (A) Annual reports The Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and publish on the website of the Department of Transportation, an annual report that describes the implementation of the program during the preceding calendar year, including— (i) each project for which a grant was provided under subsection (d); (ii) information relating to project applications received; (iii) the manner in which the consultation requirements were implemented under subsection (d); (iv) recommendations to improve the administration of subsection (d), including whether assistance from additional or fewer agencies to carry out the program is appropriate; (v) the period required to disburse grant funds to eligible entities based on applicable Federal coordination requirements; and (vi) a list of facilities that repeatedly require repair or reconstruction due to emergency events. (B) Final report Not later than 5 years after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit to Congress a report that includes the results of the reports submitted under subparagraph (A). . (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code (as amended by section 1403(b)), is amended by inserting after the item relating to section 175 the following: 176. Promoting Resilient Operations for Transformative, Efficient, and Cost-saving Transportation (PROTECT) program. . 1407. Healthy Streets program (a) Definitions In this section: (1) Community of color The term community of color means, in a State, a census block group for which the aggregate percentage of residents who identify as Black, African-American, American Indian, Alaska Native, Native Hawaiian, Asian, Pacific Islander, Hispanic, Latino, other nonwhite race, or linguistically isolated is— (A) not less than 50 percent; or (B) significantly higher, as determined by the Secretary, than the State average. (2) Cool pavement The term cool pavement means a pavement with reflective surfaces with higher albedo to decrease the surface temperature of that pavement. (3) Eligible entity The term eligible entity means— (A) a State; (B) a metropolitan planning organization; (C) a unit of local government; (D) a Tribal government; and (E) a nonprofit organization working in coordination with an entity described in subparagraphs (A) through (D). (4) Low-income community The term low-income community means a census block group in which not less than 30 percent of the population lives below the poverty line (as defined in section 673 of the Community Services Block Grant Act ( 42 U.S.C. 9902 )). (5) Porous pavement The term porous pavement means a paved surface with a higher than normal percentage of air voids to allow water to pass through the surface and infiltrate into the subsoil. (6) Program The term program means the Healthy Streets program established under subsection (b). (7) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (8) Tribal government The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (b) Establishment The Secretary shall establish a discretionary grant program, to be known as the Healthy Streets program , to provide grants to eligible entities— (1) to deploy cool pavements and porous pavements; and (2) to expand tree cover. (c) Goals The goals of the program are— (1) to mitigate urban heat islands; (2) to improve air quality; and (3) to reduce— (A) the extent of impervious surfaces; (B) stormwater runoff and flood risks; and (C) heat impacts to infrastructure and road users. (d) Application (1) In general To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (2) Requirements The application submitted by an eligible entity under paragraph (1) shall include a description of— (A) how the eligible entity would use the grant funds; and (B) the contribution that the projects intended to be carried out with grant funds would make to improving the safety, health outcomes, natural environment, and quality of life in low-income communities and communities of color. (e) Use of funds An eligible entity that receives a grant under the program may use the grant funds for 1 or more of the following activities: (1) Conducting an assessment of urban heat islands to identify hot spot areas of extreme heat or elevated air pollution. (2) Conducting a comprehensive tree canopy assessment, which shall assess the current tree locations and canopy, including— (A) an inventory of the location, species, condition, and health of existing tree canopies and trees on public facilities; and (B) an identification of— (i) the locations where trees need to be replaced; (ii) empty tree boxes or other locations where trees could be added; and (iii) flood-prone locations where trees or other natural infrastructure could mitigate flooding. (3) Conducting an equity assessment by mapping tree canopy gaps, flood-prone locations, and urban heat island hot spots as compared to— (A) pedestrian walkways and public transportation stop locations; (B) low-income communities; and (C) communities of color. (4) Planning activities, including developing an investment plan based on the results of the assessments carried out under paragraphs (1), (2), and (3). (5) Purchasing and deploying cool pavements to mitigate urban heat island hot spots. (6) Purchasing and deploying porous pavement to mitigate flooding and stormwater runoff in— (A) pedestrian-only areas; and (B) areas of low-volume, low-speed vehicular use. (7) Purchasing of trees, site preparation, planting of trees, ongoing maintenance and monitoring of trees, and repairing of storm damage to trees, with priority given to— (A) to the extent practicable, the planting of native species; and (B) projects located in a neighborhood with lower tree cover or higher maximum daytime summer temperatures compared to surrounding neighborhoods. (8) Assessing underground infrastructure and coordinating with local transportation and utility providers. (9) Hiring staff to conduct any of the activities described in paragraphs (1) through (8). (f) Priority In awarding grants to eligible entities under the program, the Secretary shall give priority to an eligible entity— (1) proposing to carry out an activity or project in a low-income community or a community of color; (2) that has entered into a community benefits agreement with representatives of the community; or (3) that is partnering with a qualified youth or conservation corps (as defined in section 203 of the Public Lands Corps Act of 1993 ( 16 U.S.C. 1722 )). (g) Distribution requirement Of the amounts made available to carry out the program for each fiscal year, not less than 80 percent shall be provided for projects in urbanized areas (as defined in section 101(a) of title 23, United States Code). (h) Federal share (1) In general Except as provided under paragraph (2), the Federal share of the cost of a project carried out under the program shall be 80 percent. (2) Waiver The Secretary may increase the Federal share requirement under paragraph (1) to 100 percent for projects carried out by an eligible entity that demonstrates economic hardship, as determined by the Secretary. (i) Maximum grant amount An individual grant under this section shall not exceed $15,000,000. E Miscellaneous 1501. Additional deposits into Highway Trust Fund (a) In general Section 105 of title 23, United States Code, is repealed. (b) Clerical amendment The analysis for chapter 1 of title 23, United States Code, is amended by striking the item relating to section 105. 1502. Stopping threats on pedestrians (a) Definition of bollard installation project In this section, the term bollard installation project means a project to install raised concrete or metal posts on a sidewalk adjacent to a roadway that are designed to slow or stop a motor vehicle. (b) Establishment Not later than 1 year after the date of enactment of this Act and subject to the availability of appropriations, the Secretary shall establish and carry out a competitive grant pilot program to provide assistance to State departments of transportation and local government entities for bollard installation projects designed to prevent pedestrian injuries and acts of terrorism in areas used by large numbers of pedestrians. (c) Application To be eligible to receive a grant under this section, a State department of transportation or local government entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary determines to be appropriate, which shall include, at a minimum— (1) a description of the proposed bollard installation project to be carried out; (2) a description of the pedestrian injury or terrorism risks with respect to the proposed installation area; and (3) an analysis of how the proposed bollard installation project will mitigate those risks. (d) Use of funds A recipient of a grant under this section may only use the grant funds for a bollard installation project. (e) Federal share The Federal share of the costs of a bollard installation project carried out with a grant under this section may be up to 100 percent. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for each of fiscal years 2022 through 2026. 1503. Transfer and sale of toll credits (a) Definitions In this section: (1) Originating state The term originating State means a State that— (A) is eligible to use a credit under section 120(i) of title 23, United States Code; and (B) has been selected by the Secretary under subsection (d)(2). (2) Pilot program The term pilot program means the pilot program established under subsection (b). (3) Recipient state The term recipient State means a State that receives a credit by transfer or by sale under this section from an originating State. (4) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (b) Establishment of pilot program The Secretary shall establish and implement a toll credit exchange pilot program in accordance with this section. (c) Purposes The purposes of the pilot program are— (1) to identify the extent of the demand to purchase toll credits; (2) to identify the cash price of toll credits through bilateral transactions between States; (3) to analyze the impact of the purchase or sale of toll credits on transportation expenditures; (4) to test the feasibility of expanding the pilot program to allow all States to participate on a permanent basis; and (5) to identify any other repercussions of the toll credit exchange. (d) Selection of originating States (1) Application In order to participate in the pilot program as an originating State, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including, at a minimum, such information as is required for the Secretary to verify— (A) the amount of unused toll credits for which the State has submitted certification to the Secretary that are available to be sold or transferred under the pilot program, including— (i) toll revenue generated and the sources of that revenue; (ii) toll revenue used by public, quasi-public, and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce; and (iii) an accounting of any Federal funds used by the public, quasi-public, or private agency to build, improve, or maintain the toll facility, to validate that the credit has been reduced by a percentage equal to the percentage of the total cost of building, improving, or maintaining the facility that was derived from Federal funds; (B) the documentation of maintenance of effort for toll credits earned by the originating State; and (C) the accuracy of the accounting system of the State to earn and track toll credits. (2) Selection Of the States that submit an application under paragraph (1), the Secretary may select not more than 10 States to be designated as an originating State. (3) Limitation on sales At any time, the Secretary may limit the amount of unused toll credits that may be offered for sale under the pilot program. (e) Transfer or sale of credits (1) In general In carrying out the pilot program, the Secretary shall provide that an originating State may transfer or sell to a recipient State a credit not previously used by the originating State under section 120(i) of title 23, United States Code. (2) Website support The Secretary shall make available a publicly accessible website on which originating States shall post the amount of toll credits, verified under subsection (d)(1)(A), that are available for sale or transfer to a recipient State. (3) Bilateral transactions An originating State and a recipient State may enter into a bilateral transaction to sell or transfer verified toll credits. (4) Notification Not later than 30 days after the date on which a credit is transferred or sold, the originating State and the recipient State shall jointly submit to the Secretary a written notification of the transfer or sale, including details on— (A) the amount of toll credits that have been sold or transferred; (B) the price paid or other value transferred in exchange for the toll credits; (C) the intended use by the recipient State of the toll credits, if known; (D) the intended use by the originating State of the cash or other value transferred; (E) an update on the toll credit balance of the originating State and the recipient State; and (F) any other information about the transaction that the Secretary may require. (5) Use of credits by transferee or purchaser A recipient State may use a credit received under paragraph (1) toward the non-Federal share requirement for any funds made available to carry out title 23 or chapter 53 of title 49, United States Code, in accordance with section 120(i) of title 23, United States Code. (6) Use of proceeds from sale of credits An originating State shall use the proceeds from the sale of a credit under paragraph (1) for the construction costs of any project in the originating State that is eligible under title 23, United States Code. (f) Reporting requirements (1) Initial report Not later than 1 year after the date on which the pilot program is established, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the progress of the pilot program. (2) Final report Not later than 3 years after the date on which the pilot program is established, the Secretary shall— (A) submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (i) determines whether a toll credit marketplace is viable and cost-effective; (ii) describes the buying and selling activities under the pilot program; (iii) describes the average sale price of toll credits; (iv) determines whether the pilot program could be expanded to more States or all States or to non-State operators of toll facilities; (v) provides updated information on the toll credit balance accumulated by each State; and (vi) describes the list of projects that were assisted by the pilot program; and (B) make the report under subparagraph (A) publicly available on the website of the Department. (g) Termination (1) In general The Secretary may terminate the pilot program or the participation of any State in the pilot program if the Secretary determines that— (A) the pilot program is not serving a public benefit; or (B) it is not cost effective to carry out the pilot program. (2) Procedures The termination of the pilot program or the participation of a State in the pilot program shall be carried out consistent with Federal requirements for project closeout, adjustment, and continuing responsibilities. 1504. Study of impacts on roads from self-driving vehicles (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary shall initiate a study on the existing and future impacts of self-driving vehicles to transportation infrastructure, mobility, the environment, and safety, including impacts on— (1) the Interstate System (as defined in section 101(a) of title 23, United States Code); (2) urban roads; (3) rural roads; (4) corridors with heavy traffic congestion; (5) transportation systems optimization; and (6) any other areas or issues relevant to operations of the Federal Highway Administration that the Secretary determines to be appropriate. (b) Contents of study The study under subsection (a) shall include specific recommendations for both rural and urban communities regarding the impacts of self-driving vehicles on existing transportation system capacity. (c) Considerations In carrying out the study under subsection (a), the Secretary shall— (1) consider the need for and recommend any policy changes to be undertaken by the Federal Highway Administration on the impacts of self-driving vehicles as identified under paragraph (2); and (2) for both rural and urban communities, include a discussion of— (A) the impacts that self-driving vehicles will have on existing transportation infrastructure, such as signage and markings, traffic lights, and highway capacity and design; (B) the impact on commercial and private traffic flows; (C) infrastructure improvement needs that may be necessary for transportation infrastructure to accommodate self-driving vehicles; (D) the impact of self-driving vehicles on the environment, congestion, and vehicle miles traveled; and (E) the impact of self-driving vehicles on mobility. (d) Coordination In carrying out the study under subsection (a), the Secretary shall consider and incorporate relevant current and ongoing research of the Department. (e) Consultation In carrying out the study under subsection (a), the Secretary shall convene and consult with a panel of national experts in both rural and urban transportation, including— (1) operators and users of the Interstate System (as defined in section 101(a) of title 23, United States Code), including private sector stakeholders; (2) States and State departments of transportation; (3) metropolitan planning organizations; (4) the motor carrier industry; (5) representatives of public transportation agencies or organizations; (6) highway safety and academic groups; (7) nonprofit entities with experience in transportation policy; (8) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 ( 42 U.S.C. 15801 )); (9) environmental stakeholders; and (10) self-driving vehicle producers, manufacturers, and technology developers. (f) Report Not later than 1 year after the date on which the study under subsection (a) is initiated, the Secretary shall submit a report on the results of the study to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. 1505. Disaster relief mobilization study (a) Definition of local community In this section, the term local community means— (1) a unit of local government; (2) a political subdivision of a State or local government; (3) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code); (4) a rural planning organization; or (5) a Tribal government. (b) Study (1) In general The Secretary shall carry out a study to determine the utility of incorporating the use of bicycles into the disaster preparedness and disaster response plans of local communities. (2) Requirements The study carried out under paragraph (1) shall include— (A) a vulnerability assessment of the infrastructure in local communities as of the date of enactment of this Act that supports active transportation, including bicycling, walking, and personal mobility devices, with a particular focus on areas in local communities that— (i) have low levels of vehicle ownership; and (ii) lack sufficient active transportation infrastructure routes to public transportation; (B) an evaluation of whether disaster preparedness and disaster response plans should include the use of bicycles by first responders, emergency workers, and community organization representatives— (i) during a mandatory or voluntary evacuation ordered by a Federal, State, Tribal, or local government entity— (I) to notify residents of the need to evacuate; (II) to evacuate individuals and goods; and (III) to reach individuals who are in need of first aid and medical assistance; and (ii) after a disaster or emergency declared by a Federal, State, Tribal, or local government entity— (I) to participate in search and rescue activities; (II) to carry commodities to be used for life-saving or life-sustaining purposes, including— (aa) water; (bb) food; (cc) first aid and other medical supplies; and (dd) power sources and electric supplies, such as cell phones, radios, lights, and batteries; (III) to reach individuals who are in need of the commodities described in subclause (II); and (IV) to assist with other disaster relief tasks, as appropriate; and (C) a review of training programs for first responders, emergency workers, and community organization representatives relating to— (i) competent bicycle skills, including the use of cargo bicycles and electric bicycles, as applicable; (ii) basic bicycle maintenance; (iii) compliance with relevant traffic safety laws; (iv) methods to use bicycles to carry out the activities described in clauses (i) and (ii) of subparagraph (2)(B); and (v) exercises conducted for the purpose of— (I) exercising the skills described in clause (i); and (II) maintaining bicycles and related equipment. (c) Report Not later than 2 years after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) describes the results of the study carried out under subsection (b); and (2) provides recommendations, if any, relating to— (A) the methods by which to incorporate bicycles into disaster preparedness and disaster response plans of local communities; and (B) improvements to training programs described in subsection (b)(2)(C). 1506. Appalachian Regional Commission (a) Definitions Section 14102(a)(1) of title 40, United States Code, is amended— (1) in subparagraph (G)— (A) by inserting Catawba, after Caldwell, ; and (B) by inserting Cleveland, after Clay, ; (2) in subparagraph (J), by striking and Spartanburg and inserting Spartanburg, and Union ; and (3) in subparagraph (M), by inserting , of which the counties of Brooke, Hancock, Marshall, and Ohio shall be considered to be located in the North Central subregion after West Virginia . (b) Functions Section 14303(a) of title 40, United States Code, is amended— (1) in paragraph (9), by striking and at the end; (2) in paragraph (10), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (11) support broadband access in the Appalachian region. . (c) Congressional notification (1) In general Subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14323. Congressional notification (a) In general In the case of a project described in subsection (b), the Appalachian Regional Commission shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the award of a grant or other financial assistance not less than 3 full business days before awarding the grant or other financial assistance. (b) Projects described A project referred to in subsection (a) is a project that the Appalachian Regional Commission has selected to receive a grant or other financial assistance under this subtitle in an amount not less than $50,000. . (2) Clerical amendment The analysis for subchapter II of chapter 143 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14323. Congressional notification. . (d) High-Speed broadband deployment initiative Section 14509 of title 40, United States Code, is amended— (1) by striking subsection (a) and inserting the following: (a) In general The Appalachian Regional Commission may provide technical assistance, make grants, enter into contracts, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities to increase affordable access to broadband networks throughout the Appalachian region. ; (2) by redesignating subsections (b) through (d) as subsections (c) through (e), respectively; (3) by inserting after subsection (a) the following: (b) Eligible projects and activities A project or activity eligible to be carried out under this section is a project or activity— (1) to conduct research, analysis, and training to increase broadband adoption efforts in the Appalachian region; or (2) for the construction and deployment of broadband service-related infrastructure in the Appalachian region. ; (4) in subsection (d) (as so redesignated), in the matter preceding paragraph (1), by striking subsection (b) and inserting subsection (c) ; and (5) by adding at the end the following: (f) Request for data Before making a grant for a project or activity described in subsection (b)(2), the Appalachian Regional Commission shall request from the Federal Communications Commission, the National Telecommunications and Information Administration, the Economic Development Administration, and the Department of Agriculture data on— (1) the level and extent of broadband service that exists in the area proposed to be served by the broadband service-related infrastructure; and (2) the level and extent of broadband service that will be deployed in the area proposed to be served by the broadband service-related infrastructure pursuant to another Federal program. (g) Requirement For each fiscal year, not less than 65 percent of the amounts made available to carry out this section shall be used for grants for projects and activities described in subsection (b)(2). . (e) Appalachian regional energy hub initiative (1) In general Subchapter I of chapter 145 of subtitle IV of title 40, United States Code, is amended by adding at the end the following: 14511. Appalachian regional energy hub initiative (a) In general The Appalachian Regional Commission may provide technical assistance to, make grants to, enter into contracts with, or otherwise provide amounts to individuals or entities in the Appalachian region for projects and activities— (1) to conduct research and analysis regarding the economic impact of an ethane storage hub in the Appalachian region that supports a more-effective energy market performance due to the scale of the project, such as a project with the capacity to store and distribute more than 100,000 barrels per day of hydrocarbon feedstock with a minimum gross heating value of 1,700 Btu per standard cubic foot; (2) with the potential to significantly contribute to the economic resilience of the area in which the project is located; and (3) that will help establish a regional energy hub in the Appalachian region for natural gas and natural gas liquids, including hydrogen produced from the steam methane reforming of natural gas feedstocks. (b) Limitation on available amounts Of the cost of any project or activity eligible for a grant under this section— (1) except as provided in paragraphs (2) and (3), not more than 50 percent may be provided from amounts made available to carry out this section; (2) in the case of a project or activity to be carried out in a county for which a distressed county designation is in effect under section 14526, not more than 80 percent may be provided from amounts made available to carry out this section; and (3) in the case of a project or activity to be carried out in a county for which an at-risk county designation is in effect under section 14526, not more than 70 percent may be provided from amounts made available to carry out this section. (c) Sources of assistance Subject to subsection (b), a grant provided under this section may be provided from amounts made available to carry out this section, in combination with amounts made available— (1) under any other Federal program; or (2) from any other source. (d) Federal share Notwithstanding any provision of law limiting the Federal share under any other Federal program, amounts made available to carry out this section may be used to increase that Federal share, as the Appalachian Regional Commission determines to be appropriate. . (2) Clerical amendment The analysis for subchapter I of chapter 145 of title 40, United States Code, is amended by adding at the end the following: 14511. Appalachian regional energy hub initiative. . (f) Authorization of appropriations Section 14703 of title 40, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) $200,000,000 for each of fiscal years 2022 through 2026. ; (2) in subsection (c), by striking $10,000,000 may be used to carry out section 14509 for each of fiscal years 2016 through 2021 and inserting $20,000,000 may be used to carry out section 14509 for each of fiscal years 2022 through 2026 ; (3) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively; and (4) by inserting after subsection (c) the following: (d) Appalachian regional energy hub initiative Of the amounts made available under subsection (a), $5,000,000 shall be used to carry out section 14511 for each of fiscal years 2022 through 2026. . (g) Termination Section 14704 of title 40, United States Code, is amended by striking 2021 and inserting 2026 . 1507. Denali Commission (a) Denali access system program Notwithstanding subsection (j) of section 309 of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ), there is authorized to be appropriated $20,000,000 for each of fiscal years 2022 through 2026 to carry out that section. (b) Transfers of funds Section 311(c) of the Denali Commission Act of 1998 ( 42 U.S.C. 3121 note; Public Law 105–277 ) is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) notwithstanding any other provision of law, shall— (A) be treated as if directly appropriated to the Commission and subject to applicable provisions of this Act; and (B) not be subject to any requirements that applied to the funds before the transfer, including a requirement in an appropriations Act or a requirement or regulation of the Federal agency from which the funds are transferred. . 1508. Requirements for transportation projects carried out through public-private partnerships (a) Definitions In this section: (1) Project The term project means a project (as defined in section 101 of title 23, United States Code) that— (A) is carried out, in whole or in part, using Federal financial assistance; and (B) has an estimated total cost of $100,000,000 or more. (2) Public-private partnership The term public-private partnership means an agreement between a public agency and a private entity to finance, build, and maintain or operate a project. (b) Requirements for projects carried out through public-Private partnerships With respect to a public-private partnership, as a condition of receiving Federal financial assistance for a project, the Secretary shall require the public partner, not later than 3 years after the date of opening of the project to traffic— (1) to conduct a review of the project, including a review of the compliance of the private partner with the terms of the public-private partnership agreement; (2) (A) to certify to the Secretary that the private partner of the public-private partnership is meeting the terms of the public-private partnership agreement for the project; or (B) to notify the Secretary that the private partner of the public-private partnership has not met 1 or more of the terms of the public-private partnership agreement for the project, including a brief description of each violation of the public-private partnership agreement; and (3) to make publicly available the certification or notification, as applicable, under paragraph (2) in a form that does not disclose any proprietary or confidential business information. (c) Notification If the Secretary provides Federal financial assistance to a project carried out through a public-private partnership, not later than 30 days after the date on which the Federal financial assistance is first obligated, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification of the Federal financial assistance made available for the project. (d) Value for money analysis (1) Project approval and oversight Section 106(h)(3) of title 23, United States Code, is amended— (A) in subparagraph (C), by striking and at the end; (B) by redesignating subparagraph (D) as subparagraph (E); and (C) by inserting after subparagraph (C) the following: (D) for a project in which the project sponsor intends to carry out the project through a public-private partnership agreement, shall include a detailed value for money analysis or similar comparative analysis for the project; and . (2) Surface transportation block grant program Paragraph (21) of section 133(b) of title 23, United States Code (as redesignated by section 1109(a)(1)(C)), is amended by inserting , including conducting value for money analyses or similar comparative analyses, after oversight . (3) TIFIA Section 602(a) of title 23, United States Code, is amended by adding at the end the following: (11) Public-private partnerships In the case of a project to be carried out through a public-private partnership, the public partner shall have— (A) conducted a value for money analysis or similar comparative analysis; and (B) determined the appropriateness of the public-private partnership agreement. . (e) Applicability This section and the amendments made by this section shall only apply to a public-private partnership agreement entered into on or after the date of enactment of this Act. 1509. Reconnecting communities pilot program (a) Definition of eligible facility (1) In general In this section, the term eligible facility means a highway or other transportation facility that creates a barrier to community connectivity, including barriers to mobility, access, or economic development, due to high speeds, grade separations, or other design factors. (2) Inclusions In this section, the term eligible facility may include— (A) a limited access highway; (B) a viaduct; and (C) any other principal arterial facility. (b) Establishment The Secretary shall establish a pilot program through which an eligible entity may apply for funding, in order to restore community connectivity— (1) to study the feasibility and impacts of removing, retrofitting, or mitigating an existing eligible facility; (2) to conduct planning activities necessary to design a project to remove, retrofit, or mitigate an existing eligible facility; and (3) to conduct construction activities necessary to carry out a project to remove, retrofit, or mitigate an existing eligible facility. (c) Planning grants (1) Eligible entities The Secretary may award a grant (referred to in this section as a planning grant ) to carry out planning activities described in paragraph (2) to— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; and (E) a nonprofit organization. (2) Eligible activities described The planning activities referred to in paragraph (1) are— (A) planning studies to evaluate the feasibility of removing, retrofitting, or mitigating an existing eligible facility to restore community connectivity, including evaluations of— (i) current traffic patterns on the eligible facility proposed for removal, retrofit, or mitigation and the surrounding street network; (ii) the capacity of existing transportation networks to maintain mobility needs; (iii) an analysis of alternative roadway designs or other uses for the right-of-way of the eligible facility, including an analysis of whether the available right-of-way would suffice to create an alternative roadway design; (iv) the effect of the removal, retrofit, or mitigation of the eligible facility on the mobility of freight and people; (v) the effect of the removal, retrofit, or mitigation of the eligible facility on the safety of the traveling public; (vi) the cost to remove, retrofit, or mitigate the eligible facility— (I) to restore community connectivity; and (II) to convert the eligible facility to a different roadway design or use, compared to any expected costs for necessary maintenance or reconstruction of the eligible facility; (vii) the anticipated economic impact of removing, retrofitting, or mitigating and converting the eligible facility and any economic development opportunities that would be created by removing, retrofitting, or mitigating and converting the eligible facility; and (viii) the environmental impacts of retaining or reconstructing the eligible facility and the anticipated effect of the proposed alternative use or roadway design; (B) public engagement activities to provide opportunities for public input into a plan to remove and convert an eligible facility; and (C) other transportation planning activities required in advance of a project to remove, retrofit, or mitigate an existing eligible facility to restore community connectivity, as determined by the Secretary. (3) Technical assistance program (A) In general The Secretary may provide technical assistance described in subparagraph (B) to an eligible entity. (B) Technical assistance described The technical assistance referred to in subparagraph (A) is technical assistance in building organizational or community capacity— (i) to engage in transportation planning; and (ii) to identify innovative solutions to infrastructure challenges, including reconnecting communities that— (I) are bifurcated by eligible facilities; or (II) lack safe, reliable, and affordable transportation choices. (C) Priorities In selecting recipients of technical assistance under subparagraph (A), the Secretary shall give priority to an application from a community that is economically disadvantaged. (4) Selection The Secretary shall— (A) solicit applications for— (i) planning grants; and (ii) technical assistance under paragraph (3); and (B) evaluate applications for a planning grant on the basis of the demonstration by the applicant that— (i) the eligible facility is aged and is likely to need replacement or significant reconstruction within the 20-year period beginning on the date of the submission of the application; (ii) the eligible facility— (I) creates barriers to mobility, access, or economic development; or (II) is not justified by current and forecast future travel demand; and (iii) on the basis of preliminary investigations into the feasibility of removing, retrofitting, or mitigating the eligible facility to restore community connectivity, further investigation is necessary and likely to be productive. (5) Award amounts A planning grant may not exceed $2,000,000 per recipient. (6) Federal share The total Federal share of the cost of a planning activity for which a planning grant is used shall not exceed 80 percent. (d) Capital construction grants (1) Eligible entities The Secretary may award a grant (referred to in this section as a capital construction grant ) to the owner of an eligible facility to carry out an eligible project described in paragraph (3) for which all necessary feasibility studies and other planning activities have been completed. (2) Partnerships An owner of an eligible facility may, for the purposes of submitting an application for a capital construction grant, if applicable, partner with— (A) a State; (B) a unit of local government; (C) a Tribal government; (D) a metropolitan planning organization; or (E) a nonprofit organization. (3) Eligible projects A project eligible to be carried out with a capital construction grant includes— (A) the removal, retrofit, or mitigation of an eligible facility; and (B) the replacement of an eligible facility with a new facility that— (i) restores community connectivity; and (ii) is— (I) sensitive to the context of the surrounding community; and (II) otherwise eligible for funding under title 23, United States Code. (4) Selection The Secretary shall— (A) solicit applications for capital construction grants; and (B) evaluate applications on the basis of— (i) the degree to which the project will improve mobility and access through the removal of barriers; (ii) the appropriateness of removing, retrofitting, or mitigating the eligible facility, based on current traffic patterns and the ability of the replacement facility and the regional transportation network to absorb transportation demand and provide safe mobility and access; (iii) the impact of the project on freight movement; (iv) the results of a cost-benefit analysis of the project; (v) the opportunities for inclusive economic development; (vi) the degree to which the eligible facility is out of context with the current or planned land use; (vii) the results of any feasibility study completed for the project; and (viii) the plan of the applicant for— (I) employing residents in the area impacted by the project through targeted hiring programs, in partnership with registered apprenticeship programs, if applicable; and (II) contracting and subcontracting with disadvantaged business enterprises. (5) Minimum award amounts A capital construction grant shall be in an amount not less than $5,000,000 per recipient. (6) Federal share (A) In general Subject to subparagraph (B), a capital construction grant may not exceed 50 percent of the total cost of the project for which the grant is awarded. (B) Maximum Federal involvement Federal assistance other than a capital construction grant may be used to satisfy the non-Federal share of the cost of a project for which the grant is awarded, except that the total Federal assistance provided for a project for which the grant is awarded may not exceed 80 percent of the total cost of the project. (7) Community advisory board (A) In general To help achieve inclusive economic development benefits with respect to the project for which a grant is awarded, a grant recipient may form a community advisory board, which shall— (i) facilitate community engagement with respect to the project; and (ii) track progress with respect to commitments of the grant recipient to inclusive employment, contracting, and economic development under the project. (B) Membership If a grant recipient forms a community advisory board under subparagraph (A), the community advisory board shall be composed of representatives of— (i) the community; (ii) owners of businesses that serve the community; (iii) labor organizations that represent workers that serve the community; and (iv) State and local government. (e) Reports (1) USDOT report on program Not later than January 1, 2026, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that evaluates the program under this section, including— (A) information about the level of applicant interest in planning grants, technical assistance under subsection (c)(3), and capital construction grants, including the extent to which overall demand exceeded available funds; and (B) for recipients of capital construction grants, the outcomes and impacts of the highway removal project, including— (i) any changes in the overall level of mobility, congestion, access, and safety in the project area; and (ii) environmental impacts and economic development opportunities in the project area. (2) GAO report on highway removals Not later than 2 years after the date of enactment of this Act, the Comptroller General of the United States shall issue a report that— (A) identifies examples of projects to remove highways using Federal highway funds; (B) evaluates the effect of highway removal projects on the surrounding area, including impacts to the local economy, congestion effects, safety outcomes, and impacts on the movement of freight and people; (C) evaluates the existing Federal-aid program eligibility under title 23, United States Code, for highway removal projects; (D) analyzes the costs and benefits of and barriers to removing underutilized highways that are nearing the end of their useful life compared to replacing or reconstructing the highway; and (E) provides recommendations for integrating those assessments into transportation planning and decision-making processes. (f) Technical assistance Of the funds made available to carry out this section for planning grants, the Secretary may use not more than $15,000,000 during the period of fiscal years 2022 through 2026 to provide technical assistance under subsection (c)(3). 1510. Cybersecurity tool; cyber coordinator (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2) Cyber incident The term cyber incident has the meaning given the term significant cyber incident in Presidential Policy Directive–41 (July 26, 2016, relating to cyber incident coordination). (3) Transportation authority The term transportation authority means— (A) a public authority (as defined in section 101(a) of title 23, United States Code); (B) an owner or operator of a highway (as defined in section 101(a) of title 23, United States Code); (C) a manufacturer that manufactures a product related to transportation; and (D) a division office of the Federal Highway Administration. (b) Cybersecurity tool (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall develop a tool to assist transportation authorities in identifying, detecting, protecting against, responding to, and recovering from cyber incidents. (2) Requirements In developing the tool under paragraph (1), the Administrator shall— (A) use the cybersecurity framework established by the National Institute of Standards and Technology and required by Executive Order 13636 of February 12, 2013 (78 Fed. Reg. 11739; relating to improving critical infrastructure cybersecurity); (B) establish a structured cybersecurity assessment and development program; (C) consult with appropriate transportation authorities, operating agencies, industry stakeholders, and cybersecurity experts; and (D) provide for a period of public comment and review on the tool. (c) Designation of cyber coordinator (1) In general Not later than 2 years after the date of enactment of this Act, the Administrator shall designate an office as a cyber coordinator , which shall be responsible for monitoring, alerting, and advising transportation authorities of cyber incidents. (2) Requirements The office designated under paragraph (1) shall— (A) provide to transportation authorities a secure method of notifying a single Federal entity of cyber incidents; (B) monitor cyber incidents that affect transportation authorities; (C) alert transportation authorities to cyber incidents that affect those transportation authorities; (D) investigate unaddressed cyber incidents that affect transportation authorities; and (E) provide to transportation authorities educational resources, outreach, and awareness on fundamental principles and best practices in cybersecurity for transportation systems. 1511. Report on emerging alternative fuel vehicles and infrastructure (a) Definitions In this section: (1) Emerging alternative fuel vehicle The term emerging alternative fuel vehicle means a vehicle fueled by hydrogen, natural gas, or propane. (2) Emerging alternative fueling infrastructure The term emerging alternative fueling infrastructure means infrastructure for fueling an emerging alternative fuel vehicle. (b) Report Not later than 1 year after the date of enactment of this Act, to help guide future investments for emerging alternative fueling infrastructure, the Secretary shall submit to Congress and make publicly available a report that— (1) includes an evaluation of emerging alternative fuel vehicles and projections for potential locations of emerging alternative fuel vehicle owners during the 5-year period beginning on the date of submission of the report; (2) identifies areas where emerging alternative fueling infrastructure will be needed to meet the current and future needs of drivers during the 5-year period beginning on the date of submission of the report; (3) identifies specific areas, such as a lack of pipeline infrastructure, that may impede deployment and adoption of emerging alternative fuel vehicles; (4) includes a map that identifies concentrations of emerging alternative fuel vehicles to meet the needs of current and future emerging alternative fueling infrastructure; (5) estimates the future need for emerging alternative fueling infrastructure to support the adoption and use of emerging alternative fuel vehicles; and (6) includes a tool to allow States to compare and evaluate different adoption and use scenarios for emerging alternative fuel vehicles, with the ability to adjust factors to account for regionally specific characteristics. 1512. Nonhighway recreational fuel study (a) Definitions In this section: (1) Highway Trust Fund The term Highway Trust Fund means the Highway Trust Fund established by section 9503(a) of the Internal Revenue Code of 1986. (2) Nonhighway recreational fuel taxes The term nonhighway recreational fuel taxes means taxes under section 4041 and 4081 of the Internal Revenue Code of 1986 with respect to fuel used in vehicles on recreational trails or back country terrain (including vehicles registered for highway use when used on recreational trails, trail access roads not eligible for funding under title 23, United States Code, or back country terrain). (3) Recreational trails program The term recreational trails program means the recreational trails program under section 206 of title 23, United States Code. (b) Assessment; report (1) Assessment Not later than 1 year after the date of enactment of this Act and not less frequently than once every 5 years thereafter, as determined by the Secretary, the Secretary shall carry out an assessment of the best available estimate of the total amount of nonhighway recreational fuel taxes received by the Secretary of the Treasury and transferred to the Highway Trust Fund for the period covered by the assessment. (2) Report After carrying out each assessment under paragraph (1), the Secretary shall submit to the Committees on Finance and Environment and Public Works of the Senate and the Committees on Ways and Means and Transportation and Infrastructure of the House of Representatives a report that includes— (A) to assist Congress in determining an appropriate funding level for the recreational trails program— (i) a description of the results of the assessment; and (ii) an evaluation of whether the current recreational trails program funding level reflects the amount of nonhighway recreational fuel taxes collected and transferred to the Highway Trust Fund; and (B) in the case of the first report submitted under this paragraph, an estimate of the frequency with which the Secretary anticipates carrying out the assessment under paragraph (1), subject to the condition that such an assessment shall be carried out not less frequently than once every 5 years. (c) Consultation In carrying out an assessment under subsection (b)(1), the Secretary may consult with, as the Secretary determines to be appropriate— (1) the heads of— (A) State agencies designated by Governors pursuant to section 206(c)(1) of title 23, United States Code, to administer the recreational trails program; and (B) division offices of the Department; (2) the Secretary of the Treasury; (3) the Administrator of the Federal Highway Administration; and (4) groups representing recreational activities and interests, including hiking, biking and mountain biking, horseback riding, water trails, snowshoeing, cross-country skiing, snowmobiling, off-highway motorcycling, all-terrain vehicles and other offroad motorized vehicle activities, and recreational trail advocates. 1513. Buy America Section 313 of title 23, United States Code, is amended— (1) by redesignating subsection (g) as subsection (h); and (2) by inserting after subsection (f) the following: (g) Waivers (1) In general Not less than 15 days before issuing a waiver under this section, the Secretary shall provide to the public— (A) notice of the proposed waiver; (B) an opportunity for comment on the proposed waiver; and (C) the reasons for the proposed waiver. (2) Report Not less frequently than annually, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the waivers provided under this section. . 1514. High priority corridors on the National Highway System (a) High priority corridors Section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032; 133 Stat. 3018) is amended by adding at the end the following: (92) United States Route 421 from the interchange with Interstate Route 85 in Greensboro, North Carolina, to the interchange with Interstate Route 95 in Dunn, North Carolina. (93) The South Mississippi Corridor from the Louisiana and Mississippi border near Natchez, Mississippi, to Gulfport, Mississippi, shall generally follow— (A) United States Route 84 from the Louisiana border at the Mississippi River passing in the vicinity of Natchez, Brookhaven, Monticello, Prentiss, and Collins, Mississippi, to the logical terminus with Interstate Route 59 in the vicinity of Laurel, Mississippi, and continuing on Interstate Route 59 south to the vicinity of Hattiesburg, Mississippi; and (B) United States Route 49 from the vicinity of Hattiesburg, Mississippi, south to Interstate Route 10 in the vicinity of Gulfport, Mississippi, following Mississippi Route 601 south and terminating near the Mississippi State Port at Gulfport. (94) The Kosciusko to Gulf Coast corridor commencing at the logical terminus of Interstate Route 55 near Vaiden, Mississippi, running south and passing east of the vicinity of the Jackson Urbanized Area, connecting to United States Route 49 north of Hattiesburg, Mississippi, and generally following United States Route 49 to a logical connection with Interstate Route 10 in the vicinity of Gulfport, Mississippi. (95) The Interstate Route 22 spur from the vicinity of Tupelo, Mississippi, running south generally along United States Route 45 to the vicinity of Shannon, Mississippi. (96) The route that generally follows United States Route 412 from its intersection with Interstate Route 35 in Noble County, Oklahoma, passing through Tulsa, Oklahoma, to its intersection with Interstate Route 49 in Springdale, Arkansas. (97) The Louie B. Nunn Cumberland Expressway from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. (98) The route that generally follows State Route 7 from Grenada, Mississippi, to Holly Springs, Mississippi, passing in the vicinity of Coffeeville, Water Valley, Oxford, and Abbeville, Mississippi, to its logical connection with Interstate Route 22 in the vicinity of Holly Springs, Mississippi. . (b) Designation as future Interstates Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 597; 133 Stat. 3018) is amended in the first sentence by striking and subsection (c)(91) and inserting subsection (c)(91), subsection (c)(92), subsection (c)(93)(A), subsection (c)(94), subsection (c)(95), subsection (c)(96), and subsection (c)(97) . (c) Numbering of parkway Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 109 Stat. 598; 133 Stat. 3018) is amended by adding at the end the following: The route referred to in subsection (c)(97) is designated as Interstate Route I–365. . (d) GAO report on designation of segments as part of Interstate System (1) Definition of applicable segment In this subsection, the term applicable segment means the route described in paragraph (92) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032). (2) Report (A) In general Not later than 2 years after the date on which the applicable segment is open for operations as part of the Interstate System, the Comptroller General of the United States shall submit to Congress a report on the impact, if any, during that 2-year period of allowing the continuation of weight limits that applied before the designation of the applicable segment as a route on the Interstate System. (B) Requirements The report under subparagraph (A) shall— (i) be informed by the views and documentation provided by the State highway agency (or equivalent agency) in the State in which the applicable segment is located; (ii) describe any impacts on safety and infrastructure on the applicable segment; (iii) describe any view of the State highway agency (or equivalent agency) in the State in which the applicable segment is located on the impact of the applicable segment; and (iv) focus only on the applicable segment. 1515. Interstate weight limits Section 127 of title 23, United States Code, is amended— (1) in subsection (l)(3)(A)— (A) in the matter preceding clause (i), in the first sentence, by striking clauses (i) through (iv) of this subparagraph and inserting clauses (i) through (v) ; and (B) by adding at the end the following: (v) The Louie B. Nunn Cumberland Expressway (to be designated as a spur of Interstate Route 65) from the interchange with Interstate Route 65 in Barren County, Kentucky, east to the interchange with United States Highway 27 in Somerset, Kentucky. ; and (2) by adding at the end the following: (v) Operation of vehicles on certain North Carolina highways If any segment in the State of North Carolina of United States Route 17, United States Route 29, United States Route 52, United States Route 64, United States Route 70, United States Route 74, United States Route 117, United States Route 220, United States Route 264, or United States Route 421 is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without regard to any requirement under subsection (a). (w) Operation of vehicles on certain Oklahoma highways If any segment of the highway referred to in paragraph (96) of section 1105(c) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 ; 105 Stat. 2032) is designated as a route on the Interstate System, a vehicle that could operate legally on that segment before the date of such designation may continue to operate on that segment, without any regard to any requirement under this section. . 1516. Report on air quality improvements (a) In general Not later than 3 years after the date of enactment of this Act, the Comptroller General of the United States shall submit a report that evaluates the congestion mitigation and air quality improvement program under section 149 of title 23, United States Code (referred to in this section as the program ), to— (1) the Committee on Environment and Public Works of the Senate; and (2) the Committee on Transportation and Infrastructure of the House of Representatives. (b) Contents The evaluation under subsection (a) shall include an evaluation of— (1) the reductions of ozone, carbon monoxide, and particulate matter that result from projects under the program; (2) the cost-effectiveness of the reductions described in paragraph (1); (3) the result of investments of funding under the program in minority and low-income communities that are disproportionately affected by ozone, carbon monoxide, and particulate matter; (4) the effectiveness, with respect to the attainment or maintenance of national ambient air quality standards under section 109 of the Clean Air Act ( 42 U.S.C. 7409 ) for ozone, carbon monoxide, and particulate matter, of performance measures established under section 150(c)(5) of title 23, United States Code, and performance targets established under subsection (d) of that section for traffic congestion and on-road mobile source emissions; (5) the extent to which there are any types of projects that are not eligible funding under the program that would be likely to contribute to the attainment or maintenance of the national ambient air quality standards described in paragraph (4); and (6) the extent to which projects under the program reduce sulfur dioxide, nitrogen dioxide, and lead. 1517. Roadside highway safety hardware (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall implement, to the maximum extent practicable, the following recommendations from the report of the Government Accountability Office entitled Highway Safety: More Robust DOT Oversight of Guardrails and Other Roadside Hardware Could Further Enhance Safety published in June 2016 and numbered GAO–16–575: (1) Develop a process for third party verification of full-scale crash testing results from crash test labs to include a process for— (A) formally verifying the testing outcomes; and (B) providing for an independent pass/fail determination. (2) Establish a process to enhance the independence of crash test labs by ensuring that those labs have a clear separation between device development and testing in cases in which lab employees test devices that were developed within the parent organization of the employee. (b) Continued issuance of eligibility letters Until the implementation of the recommendations described in subsection (a) is complete, the Secretary shall ensure that the Administrator of the Federal Highway Administration continues to issue Federal-aid reimbursement eligibility letters as a service to States. 1518. Permeable pavements study (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall carry out a study— (1) to gather existing information on the effects of permeable pavements on flood control in different contexts, including in urban areas, and over the lifetime of the permeable pavement; (2) to perform research to fill gaps in the existing information gathered under paragraph (1); and (3) to develop— (A) models for the performance of permeable pavements in flood control; and (B) best practices for designing permeable pavement to meet flood control requirements. (b) Data survey In carrying out the study under subsection (a), the Secretary shall develop— (1) a summary, based on available literature and models, of localized flood control capabilities of permeable pavement that considers long-term performance and cost information; and (2) best practices for the design of localized flood control using permeable pavement that considers long-term performance and cost information. (c) Publication The Secretary shall make a report describing the results of the study under subsection (a) publicly available. 1519. Emergency relief projects (a) Definition of emergency relief project In this section, the term emergency relief project means a project carried out under the emergency relief program under section 125 of title 23, United States Code. (b) Improving the emergency relief program Not later than 90 days after the date of enactment of this Act, the Secretary shall— (1) revise the emergency relief manual of the Federal Highway Administration— (A) to include and reflect the definition of the term resilience (as defined in section 101(a) of title 23, United States Code); (B) to identify procedures that States may use to incorporate resilience into emergency relief projects; and (C) to encourage the use of Complete Streets design principles and consideration of access for moderate- and low-income families impacted by a declared disaster; (2) develop best practices for improving the use of resilience in— (A) the emergency relief program under section 125 of title 23, United States Code; and (B) emergency relief efforts; (3) provide to division offices of the Federal Highway Administration and State departments of transportation information on the best practices developed under paragraph (2); and (4) develop and implement a process to track— (A) the consideration of resilience as part of the emergency relief program under section 125 of title 23, United States Code; and (B) the costs of emergency relief projects. 1520. Study on stormwater best management practices (a) Study Not later than 180 days after the date of enactment of this Act, the Secretary and the Administrator of the Environment Protection Agency shall offer to enter into an agreement with the Transportation Research Board of the National Academy of Sciences to conduct a study— (1) to estimate pollutant loads from stormwater runoff from highways and pedestrian facilities eligible for assistance under title 23, United States Code, to inform the development of appropriate total maximum daily load (as defined in section 130.2 of title 40, Code of Federal Regulations (or successor regulations)) requirements; (2) to provide recommendations regarding the evaluation and selection by State departments of transportation of potential stormwater management and total maximum daily load compliance strategies within a watershed, including environmental restoration and pollution abatement carried out under section 328 of title 23, United States Code (including any revisions to law (including regulations) that the Transportation Research Board determines to be appropriate); and (3) to examine the potential for the Secretary to assist State departments of transportation in carrying out and communicating stormwater management practices for highways and pedestrian facilities that are eligible for assistance under title 23, United States Code, through information-sharing agreements, database assistance, or an administrative platform to provide the information described in paragraphs (1) and (2) to entities issued permits under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ). (b) Requirements If the Transportation Research Board enters into an agreement under subsection (a), in conducting the study under that subsection, the Transportation Research Board shall— (1) review and supplement, as appropriate, the methodologies examined and recommended in the report of the National Academies of Sciences, Engineering, and Medicine entitled Approaches for Determining and Complying with TMDL Requirements Related to Roadway Stormwater Runoff and dated 2019; (2) consult with— (A) the Secretary; (B) the Administrator of the Environmental Protection Agency; (C) the Secretary of the Army, acting through the Chief of Engineers; and (D) State departments of transportation; and (3) solicit input from— (A) stakeholders with experience in implementing stormwater management practices for projects; and (B) educational and technical stormwater management groups. (c) Report If the Transportation Research Board enters into an agreement under subsection (a), not later than 18 months after the date of enactment of this Act, the Transportation Research Board shall submit to the Secretary, the Committee on Environment and Public Works of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the results of the study. 1521. Stormwater best management practices reports (a) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Federal Highway Administration. (2) Best management practices report The term best management practices report means— (A) the 2014 report sponsored by the Administrator entitled Determining the State of the Practice in Data Collection and Performance Measurement of Stormwater Best Management Practices ; and (B) the 1997 report sponsored by the Administrator entitled Stormwater Best Management Practices in an Ultra-Urban Setting: Selection and Monitoring . (b) Reissuance Not later than 1 year after the date of enactment of this Act, the Administrator shall update and reissue each best management practices report to reflect new information and advancements in stormwater management. (c) Updates Not less frequently than once every 5 years after the date on which the Administrator reissues a best management practices report described in subsection (b), the Administrator shall update and reissue the best management practices report until the earlier of the date on which— (1) the best management practices report is withdrawn; or (2) the contents of the best management practices report are incorporated (including by reference) into applicable regulations of the Administrator. 1522. Invasive plant elimination program (a) Definitions In this section: (1) Invasive plant The term invasive plant means a nonnative plant, tree, grass, or weed species, including, at a minimum, cheatgrass, Ventenata dubia, medusahead, bulbous bluegrass, Japanese brome, rattail fescue, Japanese honeysuckle, phragmites, autumn olive, Bradford pear, wild parsnip, sericea lespedeza, spotted knapweed, garlic mustard, and palmer amaranth. (2) Program The term program means the grant program established under subsection (b). (3) Transportation corridor The term transportation corridor means a road, highway, railroad, or other surface transportation route. (b) Establishment The Secretary shall carry out a program to provide grants to States to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (c) Application To be eligible to receive a grant under the program, a State shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (d) Eligible activities (1) In general Subject to this subsection, a State that receives a grant under the program may use the grant funds to carry out activities to eliminate or control existing invasive plants or prevent introduction of or encroachment by new invasive plants along and in areas adjacent to transportation corridor rights-of-way. (2) Prioritization of projects In carrying out the program, the Secretary shall give priority to projects that utilize revegetation with native plants and wildflowers, including those that are pollinator-friendly. (3) Prohibition on certain uses of funds Amounts provided to a State under the program may not be used for costs relating to mowing a transportation corridor right-of-way or the adjacent area unless— (A) mowing is identified as the best means of treatment according to best management practices; or (B) mowing is used in conjunction with another treatment. (4) Limitation Not more than 10 percent of the amounts provided to a State under the program may be used for the purchase of equipment. (5) Administrative and indirect costs Not more than 5 percent of the amounts provided to a State under the program may be used for the administrative and other indirect costs (such as full time employee salaries, rent, insurance, subscriptions, utilities, and office supplies) of carrying out eligible activities. (e) Requirements (1) Coordination In carrying out eligible activities with a grant under the program, a State shall coordinate with— (A) units of local government, political subdivisions of the State, and Tribal authorities that are carrying out eligible activities in the areas to be treated; (B) local regulatory authorities, in the case of a treatment along or adjacent to a railroad right-of-way; and (C) with respect to the most effective roadside control methods, State and Federal land management agencies and any relevant Tribal authorities. (2) Annual report Not later than 1 year after the date on which a State receives a grant under the program, and annually thereafter, that State shall provide to the Secretary an annual report on the treatments carried out using funds from the grant. (f) Federal share (1) In general The Federal share of the cost of an eligible activity carried out using funds from a grant under the program shall be— (A) in the case of a project that utilizes revegetation with native plants and wildflowers, including those that are pollinator-friendly, 75 percent; and (B) in the case of any other project not described in subparagraph (A), 50 percent. (2) Certain funds counted toward non-Federal share A State may include amounts expended by the State or a unit of local government in the State to address current invasive plant populations and prevent future infestation along or in areas adjacent to transportation corridor rights-of-way in calculating the non-Federal share required under the program. (g) Funding There is authorized to be appropriated to carry out the program $50,000,000 for each of fiscal years 2022 through 2026. 1523. Over-the-road bus tolling equity Section 129(a) of title 23, United States Code, is amended— (1) in paragraph (3)(B)(i), by inserting , together with the results of the audit under paragraph (9)(C), after the audits ; and (2) in paragraph (9)— (A) by striking An over-the-road and inserting the following: (A) In general An over-the-road ; (B) in subparagraph (A) (as so designated), by striking public transportation buses and inserting public transportation vehicles ; and (C) by adding at the end the following: (B) Reports (i) In general Not later than 90 days after the date of enactment of this subparagraph, a public authority that operates a toll facility shall report to the Secretary any rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses. (ii) Updates A public authority that operates a toll facility shall report to the Secretary any change to the rates, terms, or conditions for access to the toll facility by public transportation vehicles that differ from the rates, terms, or conditions applicable to over-the-road buses by not later than 30 days after the date on which the change takes effect. (iii) Publication The Secretary shall publish information reported to the Secretary under clauses (i) and (ii) on a publicly accessible internet website. (C) Annual audit (i) In general A public authority (as defined in section 101(a)) with jurisdiction over a toll facility shall— (I) conduct or have an independent auditor conduct an annual audit of toll facility records to verify compliance with this paragraph; and (II) report the results of the audit, together with the results of the audit under paragraph (3)(B), to the Secretary. (ii) Records After providing reasonable notice, a public authority described in clause (i) shall make all records of the public authority pertaining to the toll facility available for audit by the Secretary. (iii) Noncompliance If the Secretary determines that a public authority described in clause (i) has not complied with this paragraph, the Secretary may require the public authority to discontinue collecting tolls until an agreement with the Secretary is reached to achieve compliance. . 1524. Bridge terminology (a) Condition of NHS bridges Section 119(f)(2) of title 23, United States Code, is amended by striking structurally deficient each place it appears and inserting in poor condition . (b) National Bridge and Tunnel inventories Section 144(b)(5) of title 23, United States Code, is amended by striking structurally deficient bridge and inserting bridge classified as in poor condition . (c) Tribal transportation facility bridges Section 202(d) of title 23, United States Code, is amended— (1) in paragraph (1), by striking deficient bridges eligible for the tribal transportation program and inserting bridges eligible for the tribal transportation program classified as in poor condition, having low load capacity, or needing geometric improvements ; and (2) in paragraph (3)(C), by striking structurally deficient or functionally obsolete and inserting classified as in poor condition, having a low load capacity, or needing geometric improvements . 1525. Technical corrections (a) Section 101(b)(1) of title 23, United States Code, is amended by inserting Highways after and Defense . (b) Section 104(f)(3) of title 23, United States Code, is amended— (1) in the paragraph heading, by striking federal highway administration and inserting an operating administration of the Department of Transportation ; and (2) in subparagraph (A), by striking the Federal Highway Administration and inserting an operating administration of the Department of Transportation . (c) Section 108(c)(3)(F) of title 23, United States Code, is amended— (1) by inserting of 1969 ( 42 U.S.C. 4321 et seq. ) after Policy Act ; and (2) by striking this Act and inserting this title . (d) Section 112(b)(2) of title 23, United States Code, is amended by striking (F) (F) Subparagraphs and inserting the following: (F) Exclusion Subparagraphs . (e) Section 115(c) of title 23, United States Code, is amended by striking section 135(f) and inserting section 135(g) . (f) Section 130(g) of title 23, United States Code, is amended— (1) in the third sentence— (A) by striking and Transportation, and inserting and Transportation ; and (B) by striking thereafter,, and inserting thereafter, ; and (2) in the fifth sentence, by striking railroad highway and inserting railway-highway . (g) Section 135(g) of title 23, United States Code, is amended— (1) in paragraph (3), by striking operators),, and inserting operators), ; and (2) in paragraph (6)(B), by striking 5310, 5311, 5316, and 5317 and inserting 5310 and 5311 . (h) Section 139 of title 23, United States Code (as amended by section 1301), is amended— (1) in subsection (b)(1), by inserting ( 42 U.S.C. 4321 et seq. ) after of 1969 ; (2) in subsection (c), by inserting ( 42 U.S.C. 4321 et seq. ) after of 1969 each place it appears; and (3) in subsection (k)(2), by inserting ( 42 U.S.C. 4321 et seq. ) after of 1969 . (i) Section 140(a) of title 23, United States Code, is amended, in the third sentence, by inserting a comma after Secretary . (j) Section 148(i)(2)(D) of title 23, United States Code, is amended by striking safety safety and inserting safety . (k) Section 166(a)(1) of title 23, United States Code, is amended by striking the paragraph designation and heading and all that follows through A public authority and inserting the following: (1) Authority of public authorities A public authority . (l) Section 201(c)(6)(A)(ii) of title 23, United States Code, is amended by striking ( 25 U.S.C. 450 et seq. ) and inserting ( 25 U.S.C. 5301 et seq. ) . (m) Section 202 of title 23, United States Code, is amended— (1) by striking ( 25 U.S.C. 450 et seq. ) each place it appears and inserting ( 25 U.S.C. 5301 et seq. ) ; (2) in subsection (a)(10)(B), by striking ( 25 U.S.C. 450e(b) ) and inserting ( 25 U.S.C. 5307(b) ) ; and (3) in subsection (b)(5), in the matter preceding subparagraph (A), by inserting the after agreement under . (n) Section 206(d)(2)(G) of title 23, United States Code, is amended by striking use of recreational trails and inserting uses of recreational trails . (o) Section 207 of title 23, United States Code, is amended— (1) in subsection (g)— (A) by striking ( 25 U.S.C. 450j–1 ) and inserting ( 25 U.S.C. 5325 ) ; and (B) by striking ( 25 U.S.C. 450j–1(f) ) and inserting ( 25 U.S.C. 5325(f) ) ; (2) in subsection (l)— (A) in paragraph (1), by striking ( 25 U.S.C. 458aaa–5 ) and inserting ( 25 U.S.C. 5386 ) ; (B) in paragraph (2), by striking ( 25 U.S.C. 458aaa–6 ) and inserting ( 25 U.S.C. 5387 ) ; (C) in paragraph (3), by striking ( 25 U.S.C. 458aaa–7 ) and inserting ( 25 U.S.C. 5388 ) ; (D) in paragraph (4), by striking ( 25 U.S.C. 458aaa–9 ) and inserting ( 25 U.S.C. 5390 ) ; (E) in paragraph (5), by striking ( 25 U.S.C. 458aaa–10 ) and inserting ( 25 U.S.C. 5391 ) ; (F) in paragraph (6), by striking ( 25 U.S.C. 458aaa–11 ) and inserting ( 25 U.S.C. 5392 ) ; (G) in paragraph (7), by striking ( 25 U.S.C. 458aaa–14 ) and inserting ( 25 U.S.C. 5395 ) ; (H) in paragraph (8), by striking ( 25 U.S.C. 458aaa–15 ) and inserting ( 25 U.S.C. 5396 ) ; and (I) in paragraph (9), by striking ( 25 U.S.C. 458aaa–17 ) and inserting ( 25 U.S.C. 5398 ) ; and (3) in subsection (m)(2)— (A) by striking 505 and inserting 501 ; and (B) by striking ( 25 U.S.C. 450b ; 458aaa) and inserting ( 25 U.S.C. 5304 ; 5381) . (p) Section 217(d) of title 23, United States Code, is amended by striking 104(b)(3) and inserting 104(b)(4) . (q) Section 323(d) of title 23, United States Code, is amended in the matter preceding paragraph (1), in the second sentence, by inserting ( 42 U.S.C. 4321 et seq. ) after of 1969 . (r) Section 325 of title 23, United States Code, is repealed. (s) Section 504(g)(6) of title 23, United States Code, is amended by striking make grants or to and inserting make grants to . (t) The analysis for chapter 3 of title 23, United States Code, is amended by striking the item relating to section 325. 1526. Working group on covered resources (a) Definitions In this section: (1) Covered resource The term covered resource means a common variety material used in transportation infrastructure construction and maintenance, including stone, sand, and gravel. (2) State The term State means each of the several States, the District of Columbia, and each territory or possession of the United States. (3) Working Group The term Working Group means the working group established under subsection (b). (b) Establishment Not later than 120 days after the date of enactment of this Act, the Secretary shall establish a working group to conduct a study on access to covered resources for infrastructure projects. (c) Membership (1) Appointment The Secretary shall appoint to the Working Group individuals with knowledge and expertise in the production and transportation of covered resources. (2) Representation The Working Group shall include not less than 1 representative of each of the following: (A) State departments of transportation. (B) State agencies associated with covered resources protection. (C) State planning and geologic survey and mapping agencies. (D) Commercial motor vehicle operators, including small business operators and operators who transport covered resources. (E) Covered resources producers. (F) Construction contractors. (G) Labor organizations. (H) Metropolitan planning organizations and regional planning organizations. (I) Indian Tribes, including Tribal elected leadership or Tribal transportation officials. (J) Any other stakeholders that the Secretary determines appropriate. (3) Termination The Working Group shall terminate 180 days after the date on which the Secretary receives the report under subsection (f)(1). (d) Duties In carrying out the study required under subsection (b), the Working Group shall analyze— (1) the use of covered resources in transportation projects funded with Federal dollars; (2) how the proximity of covered resources to such projects affects the cost and environmental impact of those projects; (3) whether and how State, Tribal, and local transportation and planning agencies consider covered resources when developing transportation projects; and (4) any challenges for transportation project sponsors regarding access and proximity to covered resources. (e) Consultation In carrying out the study required under subsection (b), the Working Group shall consult with, as appropriate— (1) chief executive officers of States; (2) State, Tribal, and local transportation and planning agencies; (3) other relevant State, Tribal, and local agencies, including State agencies associated with covered resources protection; (4) members of the public with industry experience with respect to covered resources; (5) other Federal entities that provide funding for transportation projects; and (6) any other stakeholder the Working Group determines appropriate. (f) Reports (1) Working group report Not later than 2 years after the date on which the Working Group is established, the Working Group shall submit to the Secretary a report that includes— (A) the findings of the study required under subsection (b), including a summary of comments received during the consultation process under subsection (e); and (B) any recommendations to preserve access to and reduce the costs and environmental impacts of covered resources for infrastructure projects. (2) Departmental report Not later than 90 days after the date on which the Secretary receives the report under paragraph (1), the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a summary of the findings under the report and any recommendations, as appropriate. 1527. Blood transport vehicles Section 166(b) of title 23, United States Code, is amended by adding at the end the following: (6) Blood transport vehicles The public authority may allow blood transport vehicles that are transporting blood between a collection point and a hospital or storage center to use the HOV facility if the public authority establishes requirements for clearly identifying such vehicles. . 1528. Pollinator-friendly practices on roadsides and highway rights-of-way (a) In general Chapter 3 of title 23, United States Code (as amended by section 1309(a)), is amended by adding at the end the following: 332. Pollinator-friendly practices on roadsides and highway rights-of-way (a) In general The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native, locally appropriate grasses and wildflowers, including milkweed. (b) Eligible entities An entity eligible to receive a grant under this section is— (1) a State department of transportation; (2) an Indian tribe; or (3) a Federal land management agency. (c) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in subsection (d). (d) Pollinator-Friendly practices plan (1) In general An eligible entity shall include in the application under subsection (c) a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including— (A) practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as— (i) reducing the mowing swath outside of the State-designated safety zone; (ii) increasing the mowing height; (iii) reducing the mowing frequency; (iv) refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; (v) use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or (vi) reducing raking along roadsides and highway rights-of-way; (B) implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; (C) planting or seeding of native, locally appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; (D) removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; (E) obtaining expert training or assistance on pollinator-friendly practices, including— (i) native plant identification; (ii) establishment and management of locally appropriate native plants that benefit pollinators; (iii) land management practices that benefit pollinators; and (iv) pollinator-focused integrated vegetation management; or (F) any other pollinator-friendly practices the Secretary determines to be appropriate. (2) Coordination In developing a plan under paragraph (1), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. (3) Consultation In developing a plan under paragraph (1)— (A) an eligible entity that is a State department of transportation or a Federal land management agency shall consult with affected or interested Indian tribes; and (B) any eligible entity may consult with nonprofit organizations, institutions of higher education, metropolitan planning organizations, and any other relevant entities. (e) Award of grants (1) In general The Secretary shall provide a grant to each eligible entity that submits an application under subsection (c), including a plan under subsection (d), that the Secretary determines to be satisfactory. (2) Amount of grants The amount of a grant under this section— (A) shall be based on the number of pollinator-friendly practices the eligible entity has implemented or plans to implement; and (B) shall not exceed $150,000. (f) Use of funds An eligible entity that receives a grant under this section shall use the funds for the implementation, improvement, or further development of the plan under subsection (d). (g) Federal share The Federal share of the cost of an activity carried out with a grant under this section shall be 100 percent. (h) Best practices The Secretary shall develop and make available to eligible entities best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way. (i) Technical assistance On request of an eligible entity that receives a grant under this section, the Secretary shall provide technical assistance with the implementation, improvement, or further development of a plan under subsection (d). (j) Administrative costs For each fiscal year, the Secretary may use not more than 2 percent of the amounts made available to carry out this section for the administrative costs of carrying out this section. (k) Report Not later than 1 year after the date on which the first grant is provided under this section, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the implementation of the program under this section. (l) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $2,000,000 for each of fiscal years 2022 through 2026. (2) Availability Amounts made available under this section shall remain available for a period of 3 years after the last day of the fiscal year for which the funds are authorized. . (b) Clerical amendment The analysis for chapter 3 of title 23, United States Code (as amended by section 1309(b)), is amended by adding at the end the following: 332. Pollinator-friendly practices on roadsides and highway rights-of-way. . 1529. Active transportation infrastructure investment program (a) In general Subject to the availability of appropriations, the Secretary shall carry out an active transportation infrastructure investment program to make grants, on a competitive basis, to eligible organizations to construct eligible projects to provide safe and connected active transportation facilities in an active transportation network or active transportation spine. (b) Application (1) In general To be eligible to receive a grant under this section, an eligible organization shall submit to the Secretary an application in such manner and containing such information as the Secretary may require. (2) Eligible projects partially on Federal land With respect to an application for an eligible project that is located in part on Federal land, an eligible organization shall enter into a cooperative agreement with the appropriate Federal agency with jurisdiction over such land to submit an application described in paragraph (1). (c) Application considerations In making a grant for construction of an active transportation network or active transportation spine under this section, the Secretary shall consider the following: (1) Whether the eligible organization submitted a plan for an eligible project for the development of walking and bicycling infrastructure that is likely to provide substantial additional opportunities for walking and bicycling, including effective plans— (A) to create an active transportation network connecting destinations within or between communities, including schools, workplaces, residences, businesses, recreation areas, and other community areas, or create an active transportation spine connecting two or more communities, metropolitan regions, or States; and (B) to integrate active transportation facilities with transit services, where available, to improve access to public transportation. (2) Whether the eligible organization demonstrates broad community support through— (A) the use of public input in the development of transportation plans; and (B) the commitment of community leaders to the success and timely implementation of an eligible project. (3) Whether the eligible organization provides evidence of commitment to traffic safety, regulations, financial incentives, or community design policies that facilitate significant increases in walking and bicycling. (4) The extent to which the eligible organization demonstrates commitment of State, local, or eligible Federal matching funds, and land or in-kind contributions, in addition to the local match required under subsection (f)(1), unless the applicant qualifies for an exception under subsection (f)(2). (5) The extent to which the eligible organization demonstrates that the grant will address existing disparities in bicyclist and pedestrian fatality rates based on race or income level or provide access to jobs and services for low-income communities and communities of color. (6) Whether the eligible organization demonstrates how investment in active transportation will advance safety for pedestrians and cyclists, accessibility to jobs and key destinations, economic competitiveness, environmental protection, and quality of life. (d) Use of funds (1) In general Of the amounts made available to carry out this section and subject to paragraphs (2) and (3), the Secretary shall obligate— (A) not less than 30 percent to eligible projects that construct active transportation networks that connect people with public transportation, businesses, workplaces, schools, residences, recreation areas, and other community activity centers; and (B) not less than 30 percent to eligible projects that construct active transportation spines. (2) Planning and design grants Each fiscal year, the Secretary shall set aside not less than $3,000,000 of the funds made available to carry out this section to provide planning grants for eligible organizations to develop plans for active transportation networks and active transportation spines. (3) Administrative costs Each fiscal year, the Secretary shall set aside not more than $2,000,000 of the funds made available to carry out this section to cover the costs of administration, research, technical assistance, communications, and training activities under the program. (4) Limitation on statutory construction Nothing in this subsection prohibits an eligible organization from receiving research or other funds under title 23 or 49, United States Code. (e) Grant timing (1) Request for application Not later than 30 days after funds are made available to carry out this section for a fiscal year, the Secretary shall publish in the Federal Register a request for applications for grants under this section for that fiscal year. (2) Selection of grant recipients Not later than 150 days after funds are made available to carry out this section for a fiscal year, the Secretary shall select grant recipients of grants under this section for that fiscal year. (f) Federal share (1) In general Except as provided in paragraph (2), the Federal share of the cost of an eligible project carried out using a grant under this section shall not exceed 80 percent of the total project cost. (2) Exception for disadvantaged communities For eligible projects serving communities with a poverty rate of over 40 percent based on the majority of census tracts served by the eligible project, the Secretary may increase the Federal share of the cost of the eligible project up to 100 percent of the total project cost. (g) Assistance to Indian tribes In carrying out this section, the Secretary may enter into grant agreements, self-determination contracts, and self-governance compacts under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) with Indian tribes that are eligible organizations, and such agreements, contracts, and compacts shall be administered in accordance with that Act. (h) Reports (1) Interim report Not later than September 30, 2024, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (2) Final report Not later than September 30, 2026, the Secretary shall submit to Congress a report containing the information described in paragraph (3). (3) Report information A report submitted under this subsection shall contain the following, with respect to the period covered by the applicable report: (A) A list of grants made under this section. (B) Best practices of eligible organizations that receive grants under this section in implementing eligible projects. (C) Impediments experienced by eligible organizations that receive grants under this section in developing and shifting to active transportation. (i) Rule required Not later than 1 year after the date of enactment of this Act, the Secretary shall issue a final rule that encourages the use of the programmatic categorical exclusion, expedited procurement techniques, and other best practices to facilitate productive and timely expenditures for eligible projects that are small, low-impact, and constructed within an existing built environment. (j) Authorization of appropriations (1) In general There is authorized to be appropriated to the Secretary to carry out this section $200,000,000 for each of fiscal years 2022 through 2026. (2) Availability The amounts made available to carry out this section shall remain available until expended. (k) Definitions In this section: (1) Active transportation The term active transportation means mobility options powered primarily by human energy, including bicycling and walking. (2) Active transportation network The term active transportation network means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails, that connect between destinations within a community or metropolitan region. (3) Active transportation spine The term active transportation spine means facilities built for active transportation, including sidewalks, bikeways, and pedestrian and bicycle trails that connect between communities, metropolitan regions, or States. (4) Community The term community means a geographic area that is socioeconomically interdependent and may include rural, suburban, and urban jurisdictions. (5) Eligible organization The term eligible organization means— (A) a local or regional governmental organization, including a metropolitan planning organization or regional planning organization or council; (B) a multicounty special district; (C) a State; (D) a multistate group of governments; or (E) an Indian tribe. (6) Eligible project The term eligible project means an active transportation project or group of projects— (A) within or between a community or group of communities, at least one of which falls within the jurisdiction of an eligible organization, which has submitted an application under this section; and (B) that has— (i) a total cost of not less than $15,000,000; or (ii) with respect to planning and design grants, planning and design costs of not less than $100,000. (7) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (8) Total project cost The term total project cost means the sum total of all costs incurred in the development of an eligible project that are approved by the Secretary as reasonable and necessary, including— (A) the cost of acquiring real property; (B) the cost of site preparation, demolition, and development; (C) expenses related to the issuance of bonds or notes; (D) fees in connection with the planning, execution, and financing of the eligible project; (E) the cost of studies, surveys, plans, permits, insurance, interest, financing, tax, and assessments; (F) the cost of construction, rehabilitation, reconstruction, and equipping the eligible project; (G) the cost of land improvements; (H) contractor fees; (I) the cost of training and education related to the safety of users of any bicycle or pedestrian network or spine constructed as part of an eligible project; and (J) any other cost that the Secretary determines is necessary and reasonable. II Transportation infrastructure finance and innovation 2001. Transportation Infrastructure Finance and Innovation Act of 1998 amendments (a) Definitions Section 601(a) of title 23, United States Code, is amended— (1) in subparagraph (E) of paragraph (10), by striking 3 years and inserting 5 years ; and (2) in paragraph (12)— (A) by striking subparagraph (E) and inserting the following: (E) a project to improve or construct public infrastructure— (i) that— (I) is located within walking distance of, and accessible to, a fixed guideway transit facility, passenger rail station, intercity bus station, or intermodal facility, including a transportation, public utility, or capital project described in section 5302(3)(G)(v) of title 49, and related infrastructure; or (II) is a project for economic development, including commercial and residential development, and related infrastructure and activities— (aa) that incorporates private investment; (bb) that is physically or functionally related to a passenger rail station or multimodal station that includes rail service; (cc) for which the project sponsor has a high probability of commencing the contracting process for construction by not later than 90 days after the date on which credit assistance under the TIFIA program is provided for the project; and (dd) that has a high probability of reducing the need for financial assistance under any other Federal program for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs; and (ii) for which, by not later than September 30, 2026, the Secretary has— (I) received a letter of interest; and (II) determined that the project is eligible for assistance; ; (B) in subparagraph (F), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (G) an eligible airport-related project (as defined in section 40117(a) of title 49) for which, not later than September 30, 2025, the Secretary has— (i) received a letter of interest; and (ii) determined that the project is eligible for assistance; and (H) a project for the acquisition of plant and wildlife habitat pursuant to a conservation plan that— (i) has been approved by the Secretary of the Interior pursuant to section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ); and (ii) in the judgment of the Secretary, would mitigate the environmental impacts of transportation infrastructure projects otherwise eligible for assistance under this title. . (b) Eligibility Section 602(a)(2) of title 23, United States Code, is amended— (1) in subparagraph (A)(iv)— (A) by striking a rating and inserting an investment-grade rating ; and (B) by striking $75,000,000 and inserting $150,000,000 ; and (2) in subparagraph (B)— (A) by striking the senior debt and inserting senior debt ; and (B) by striking credit instrument is for an amount less than $75,000,000 and inserting total amount of other senior debt and the Federal credit instrument is less than $150,000,000 . (c) Federal requirements Section 602(c)(1) of title 23, United States Code, is amended in the matter preceding subparagraph (A) by striking and the requirements of section 5333(a) of title 49 for rail projects, and inserting the requirements of section 5333(a) of title 49 for rail projects, and the requirements of sections 47112(b) and 50101 of title 49 for airport-related projects, . (d) Processing timelines Section 602(d) of title 23, United States Code, is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; (2) in paragraph (3) (as so redesignated), by striking paragraph (1) and inserting paragraph (2) ; and (3) by inserting before paragraph (2) (as so redesignated) the following: (1) Processing timelines Except in the case of an application described in subsection (a)(8) and to the maximum extent practicable, the Secretary shall provide an applicant with a specific estimate of the timeline for the approval or disapproval of the application of the applicant, which, to the maximum extent practicable, the Secretary shall endeavor to complete by not later than 150 days after the date on which the applicant submits a letter of interest to the Secretary. . (e) Maturity date of certain secured loans Section 603(b)(5) of title 23, United States Code, is amended— (1) in subparagraph (A), in the matter preceding clause (i), by striking subparagraph (B) and inserting subparagraphs (B) and (C) ; and (2) by adding at the end the following: (C) Long lived assets In the case of a capital asset with an estimated life of more than 50 years, the final maturity date of the secured loan shall be the lesser of— (i) 75 years after the date of substantial completion of the project; or (ii) 75 percent of the estimated useful life of the capital asset. . (f) Secured loans Section 603(c)(4)(A) of title 23, United States Code, is amended— (1) by striking Any excess and inserting the following: (i) In general Except as provided in clause (ii), any excess ; and (2) by adding at the end the following: (ii) Certain applicants In the case of a secured loan or other secured Federal credit instrument provided after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , if the obligor is a governmental entity, agency, or instrumentality, the obligor shall not be required to prepay the secured loan or other secured Federal credit instrument with any excess revenues described in clause (i) if the obligor enters into an agreement to use those excess revenues only for purposes authorized under this title or title 49. . (g) Technical amendment Section 602(e) of title 23, United States Code, is amended by striking section 601(a)(1)(A) and inserting section 601(a)(2)(A) . (h) Streamlined application process Section 603(f) of title 23, United States Code, is amended by adding at the end the following: (3) Additional terms for expedited decisions (A) In general Not later than 120 days after the date of enactment of this paragraph, the Secretary shall implement an expedited decision timeline for public agency borrowers seeking secured loans that meet— (i) the terms under paragraph (2); and (ii) the additional criteria described in subparagraph (B). (B) Additional criteria The additional criteria referred to in subparagraph (A)(ii) are the following: (i) The secured loan is made on terms and conditions that substantially conform to the conventional terms and conditions established by the National Surface Transportation Innovative Finance Bureau. (ii) The secured loan is rated in the A category or higher. (iii) The TIFIA program share of eligible project costs is 33 percent or less. (iv) The applicant demonstrates a reasonable expectation that the contracting process for the project can commence by not later than 90 days after the date on which a Federal credit instrument is obligated for the project under the TIFIA program. (v) The project has received a categorical exclusion, a finding of no significant impact, or a record of decision under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ). (C) Written notice The Secretary shall provide to an applicant seeking a secured loan under the expedited decision process under this paragraph a written notice informing the applicant whether the Secretary has approved or disapproved the application by not later than 180 days after the date on which the Secretary submits to the applicant a letter indicating that the National Surface Transportation Innovative Finance Bureau has commenced the creditworthiness review of the project. . (i) Funding (1) In general Section 608(a) of title 23, United States Code, is amended— (A) by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; (B) by inserting after paragraph (3) the following: (4) Limitation for certain projects (A) Transit-oriented development projects For each fiscal year, the Secretary may use to carry out projects described in section 601(a)(12)(E) not more than 15 percent of the amounts made available to carry out the TIFIA program for that fiscal year. (B) Airport-related projects The Secretary may use to carry out projects described in section 601(a)(12)(G)— (i) for each fiscal year, not more than 15 percent of the amounts made available to carry out the TIFIA program under the Surface Transportation Reauthorization Act of 2021 for that fiscal year; and (ii) for the period of fiscal years 2022 through 2026, not more than 15 percent of the unobligated carryover balances (as of October 1, 2021). ; and (C) by striking paragraph (6) (as so redesignated) and inserting the following: (6) Administrative costs Of the amounts made available to carry out the TIFIA program, the Secretary may use not more than $10,000,000 for each of fiscal years 2022 through 2026 for the administration of the TIFIA program. . (2) Conforming amendment Section 605(f)(1) of title 23, United States Code, is amended by striking section 608(a)(5) and inserting section 608(a)(6) . (j) Status reports Section 609 of title 23, United States Code, is amended by adding at the end the following: (c) Status reports (1) In general The Secretary shall publish on the website for the TIFIA program— (A) on a monthly basis, a current status report on all submitted letters of interest and applications received for assistance under the TIFIA program; and (B) on a quarterly basis, a current status report on all approved applications for assistance under the TIFIA program. (2) Inclusions Each monthly and quarterly status report under paragraph (1) shall include, at a minimum, with respect to each project included in the status report— (A) the name of the party submitting the letter of interest or application; (B) the name of the project; (C) the date on which the letter of interest or application was received; (D) the estimated project eligible costs; (E) the type of credit assistance sought; and (F) the anticipated fiscal year and quarter for closing of the credit assistance. . (k) State infrastructure bank program Section 610 of title 23, United States Code, is amended— (1) in subsection (d)— (A) in paragraph (1)(A), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (B) in paragraph (2), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (C) in paragraph (3), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (2) in subsection (k), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . (l) Report Not later than September 30, 2025, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the impact of the amendment relating to airport-related projects under subsection (a)(2)(C) and subsection (i)(1)(B), including— (1) information on the use of TIFIA program (as defined in section 601(a) of title 23, United States Code) funds for eligible airport-related projects (as defined in section 40117(a) of title 49, United States Code); and (2) recommendations for modifications to the TIFIA program. III Research, technology, and education 3001. Strategic innovation for revenue collection (a) In general The Secretary shall establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms (referred to in this section as user-based alternative revenue mechanisms ) to help maintain the long-term solvency of the Highway Trust Fund, through pilot projects at the State, local, and regional level. (b) Grants (1) In general The Secretary shall provide grants to eligible entities to carry out pilot projects under this section. (2) Applications To be eligible for a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require. (3) Objectives The Secretary shall ensure that, in the aggregate, the pilot projects carried out using funds provided under this section meet the following objectives: (A) To test the design, acceptance, equity, and implementation of user-based alternative revenue mechanisms, including among— (i) differing income groups; and (ii) rural and urban drivers, as applicable. (B) To provide recommendations regarding adoption and implementation of user-based alternative revenue mechanisms. (C) To quantify and minimize the administrative costs of any potential user-based alternative revenue mechanisms. (D) To test a variety of solutions, including the use of independent and private third-party vendors, for the collection of data and fees from user-based alternative revenue mechanisms, including the reliability and security of those solutions and vendors. (E) To test solutions to ensure the privacy and security of data collected for the purpose of implementing a user-based alternative revenue mechanism. (F) To conduct public education and outreach to increase public awareness regarding the need for user-based alternative revenue mechanisms for surface transportation programs. (G) To evaluate the ease of compliance and enforcement of a variety of implementation approaches for different users of the surface transportation system. (H) To ensure, to the greatest extent practicable, the use of innovation. (I) To consider, to the greatest extent practicable, the potential for revenue collection along a network of alternative fueling stations. (J) To evaluate the impacts of the imposition of a user-based alternative revenue mechanism on— (i) transportation revenues; (ii) personal mobility, driving patterns, congestion, and transportation costs; and (iii) freight movement and costs. (K) To evaluate options for the integration of a user-based alternative revenue mechanism with— (i) nationwide transportation revenue collections and regulations; (ii) toll revenue collection platforms; (iii) transportation network company fees; and (iv) any other relevant transportation revenue mechanisms. (4) Eligible entity An entity eligible to apply for a grant under this section is— (A) a State or a group of States; (B) a local government or a group of local governments; or (C) a metropolitan planning organization (as defined in section 134(b) of title 23, United States Code) or a group of metropolitan planning organizations. (5) Use of funds An eligible entity that receives a grant under this section shall use the grant to carry out a pilot project to address 1 or more of the objectives described in paragraph (3). (6) Consideration The Secretary shall consider geographic diversity in awarding grants under this subsection. (7) Federal share The Federal share of the cost of a pilot project carried out under this section may not exceed— (A) 80 percent of the total cost of a project carried out by an eligible entity that has not otherwise received a grant under this section; and (B) 70 percent of the total cost of a project carried out by an eligible entity that has received at least 1 grant under this section. (c) Limitation on revenue collected Any revenue collected through a user-based alternative revenue mechanism established using funds provided under this section shall not be considered a toll under section 301 of title 23, United States Code. (d) Recommendations and report Not later than 3 years after the date of enactment of this Act, the Secretary, in coordination with the Secretary of the Treasury and the Federal System Funding Alternative Advisory Board established under section 3002(g)(1), shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that— (1) summarizes the results of the pilot projects under this section and the national pilot program under section 3002; and (2) provides recommendations, if applicable, to enable potential implementation of a nationwide user-based alternative revenue mechanism. (e) Funding (1) In general Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $15,000,000 shall be used for pilot projects under this section. (2) Flexibility If, by August 1 of each fiscal year, the Secretary determines that there are not enough grant applications to meet the requirements of this section for that fiscal year, the Secretary shall transfer to the national pilot program under section 3002 or to the highway research and development program under section 503(b) of title 23, United States Code— (A) any funds reserved for a fiscal year under paragraph (1) that the Secretary has not yet awarded under this section; and (B) an amount of obligation limitation equal to the amount of funds that the Secretary transfers under subparagraph (A). (f) Repeal (1) In general Section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) is repealed. (2) Clerical amendment The table of contents in section 1(b) of the FAST Act ( Public Law 114–94 ; 129 Stat. 1312) is amended by striking the item relating to section 6020. 3002. National motor vehicle per-mile user fee pilot (a) Definitions In this section: (1) Advisory board The term advisory board means the Federal System Funding Alternative Advisory Board established under subsection (g)(1). (2) Commercial vehicle The term commercial vehicle has the meaning given the term commercial motor vehicle in section 31101 of title 49, United States Code. (3) Highway Trust Fund The term Highway Trust Fund means the Highway Trust Fund established under section 9503 of the Internal Revenue Code of 1986. (4) Light truck The term light truck has the meaning given the term in section 523.2 of title 49, Code of Federal Regulations (or successor regulations). (5) Medium- and heavy-duty truck The term medium- and heavy-duty truck has the meaning given the term commercial medium- and heavy-duty on-highway vehicle in section 32901(a) of title 49, United States Code. (6) Passenger motor vehicle The term passenger motor vehicle has the meaning given the term in section 32101 of title 49, United States Code. (7) Per-mile user fee The term per-mile user fee means a revenue mechanism that— (A) is applied to road users operating motor vehicles on the surface transportation system; and (B) is based on the number of vehicle miles traveled by an individual road user. (8) Pilot program The term pilot program means the pilot program established under subsection (b)(1). (9) Volunteer participant The term volunteer participant means— (A) an owner or lessee of a private, personal motor vehicle who volunteers to participate in the pilot program; (B) a commercial vehicle operator who volunteers to participate in the pilot program; or (C) an owner of a motor vehicle fleet who volunteers to participate in the pilot program. (b) Establishment (1) In general The Secretary, in coordination with the Secretary of the Treasury, and consistent with the recommendations of the advisory board, shall establish a pilot program to demonstrate a national motor vehicle per-mile user fee— (A) to restore and maintain the long-term solvency of the Highway Trust Fund; and (B) to improve and maintain the surface transportation system. (2) Objectives The objectives of the pilot program are— (A) to test the design, acceptance, implementation, and financial sustainability of a national motor vehicle per-mile user fee; (B) to address the need for additional revenue for surface transportation infrastructure and a national motor vehicle per-mile user fee; and (C) to provide recommendations relating to the adoption and implementation of a national motor vehicle per-mile user fee. (c) Parameters In carrying out the pilot program, the Secretary, in coordination with the Secretary of the Treasury, shall— (1) provide different methods that volunteer participants can choose from to track motor vehicle miles traveled; (2) solicit volunteer participants from all 50 States, the District of Columbia, and the Commonwealth of Puerto Rico; (3) ensure an equitable geographic distribution by population among volunteer participants; (4) include commercial vehicles and passenger motor vehicles; and (5) use components of and, where appropriate, coordinate with— (A) the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and (B) eligible entities that received a grant under section 3001. (d) Methods (1) Tools In selecting the methods described in subsection (c)(1), the Secretary shall coordinate with entities that voluntarily provide to the Secretary for use under the pilot program any of the following vehicle-miles-traveled collection tools: (A) Third-party on-board diagnostic (OBD–II) devices. (B) Smart phone applications. (C) Telemetric data collected by automakers. (D) Motor vehicle data obtained by car insurance companies. (E) Data from the States that received a grant under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). (F) Motor vehicle data obtained from fueling stations. (G) Any other method that the Secretary considers appropriate. (2) Coordination (A) Selection The Secretary shall determine which collection tools under paragraph (1) are selected for the pilot program. (B) Volunteer participants In a manner that the Secretary considers appropriate, the Secretary shall enable each volunteer participant to choose 1 of the selected collection tools under paragraph (1). (e) Motor vehicle per-Mile user fees For the purposes of the pilot program, the Secretary of the Treasury shall establish, on an annual basis, per-mile user fees for passenger motor vehicles, light trucks, and medium- and heavy-duty trucks, which amount may vary between vehicle types and weight classes to reflect estimated impacts on infrastructure, safety, congestion, the environment, or other related social impacts. (f) Volunteer participants The Secretary, in coordination with the Secretary of the Treasury, shall— (1) (A) ensure, to the extent practicable, that the greatest number of volunteer participants participate in the pilot program; and (B) ensure that such volunteer participants represent geographically diverse regions of the United States, including from urban and rural areas; and (2) issue policies relating to the protection of volunteer participants, including policies that— (A) protect the privacy of volunteer participants; and (B) secure the data provided by volunteer participants. (g) Federal system funding alternative advisory board (1) In general Not later than 90 days after the date of enactment of this Act, the Secretary shall establish an advisory board, to be known as the Federal System Funding Alternative Advisory Board , to assist with— (A) providing the Secretary with recommendations related to the structure, scope, and methodology for developing and implementing the pilot program; (B) carrying out the public awareness campaign under subsection (h); and (C) developing the report under subsection (n). (2) Membership The advisory board shall include, at a minimum, the following representatives and entities, to be appointed by the Secretary: (A) State departments of transportation. (B) Any public or nonprofit entity that led a surface transportation system funding alternatives pilot project under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act). (C) Representatives of the trucking industry, including owner-operator independent drivers. (D) Data security experts with expertise in personal privacy. (E) Academic experts on surface transportation systems. (F) Consumer advocates, including privacy experts. (G) Advocacy groups focused on equity. (H) Owners of motor vehicle fleets. (I) Owners and operators of toll facilities. (J) Tribal groups or representatives. (K) Any other representatives or entities, as determined appropriate by the Secretary. (3) Recommendations Not later than 1 year after the date on which the advisory board is established under paragraph (1), the advisory board shall provide the Secretary with the recommendations described in subparagraph (A) of that paragraph, which the Secretary shall use in implementing the pilot program. (h) Public awareness campaign (1) In general The Secretary, with guidance from the advisory board, may carry out a public awareness campaign to increase public awareness regarding a national motor vehicle per-mile user fee, including distributing information— (A) related to the pilot program; (B) from the State surface transportation system funding alternatives pilot program under section 6020 of the FAST Act ( 23 U.S.C. 503 note; Public Law 114–94 ) (as in effect on the day before the date of enactment of this Act); and (C) related to consumer privacy. (2) Considerations In carrying out the public awareness campaign under this subsection, the Secretary shall consider issues unique to each State. (i) Revenue collection The Secretary of the Treasury, in coordination with the Secretary, shall establish a mechanism to collect motor vehicle per-mile user fees established under subsection (e) from volunteer participants, which— (1) may be adjusted as needed to address technical challenges; and (2) may allow independent and private third-party vendors to collect the motor vehicle per-mile user fees and forward such fees to the Treasury. (j) Agreement The Secretary may enter into an agreement with a volunteer participant containing such terms and conditions as the Secretary considers necessary for participation in the pilot program. (k) Limitation Any revenue collected through the mechanism established under subsection (i) shall not be considered a toll under section 301 of title 23, United States Code. (l) Highway trust fund The Secretary of the Treasury shall ensure that any revenue collected under subsection (i) is deposited into the Highway Trust Fund. (m) Refund Not more than 45 days after the end of each calendar quarter in which a volunteer participant has participated in the pilot program, the Secretary of the Treasury shall calculate and issue an equivalent refund to such volunteer participant for applicable Federal motor fuel taxes under section 4041 and section 4081 of the Internal Revenue Code of 1986. (n) Report to Congress Not later than 1 year after the date on which volunteer participants begin participating in the pilot program, and each year thereafter for the duration of the pilot program, the Secretary and the Secretary of the Treasury shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes an analysis of— (1) whether the objectives described in subsection (b)(2) were achieved; (2) how volunteer participant protections in subsection (f)(2) were complied with; (3) whether motor vehicle per-mile user fees can maintain the long-term solvency of the Highway Trust Fund and improve and maintain the surface transportation system, which shall include estimates of administrative costs related to collecting such motor vehicle per mile user fees; (4) how the privacy of volunteers was maintained; and (5) equity impacts of the pilot program, including the impacts of the pilot program on low-income commuters. (o) Funding (1) In general Of the funds made available to carry out section 503(b) of title 23, United States Code, for each of fiscal years 2022 through 2026 $10,000,000 shall be used to carry out the pilot program under this section. (2) Excess funds Any excess funds remaining after carrying out the pilot program under this section shall be available to make grants for pilot projects under section 3001. 3003. Performance management data support program Section 6028(c) of the FAST Act ( 23 U.S.C. 150 note; Public Law 114–94 ) is amended by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 . 3004. Data integration pilot program (a) Establishment The Secretary shall establish a pilot program— (1) to provide research and develop models that integrate, in near-real-time, data from multiple sources, including geolocated— (A) weather conditions; (B) roadway conditions; (C) incidents, work zones, and other nonrecurring events related to emergency planning; and (D) information from emergency responders; and (2) to facilitate data integration between the Department, the National Weather Service, and other sources of data that provide real-time data with respect to roadway conditions during or as a result of severe weather events, including, at a minimum— (A) winter weather; (B) heavy rainfall; and (C) tropical weather events. (b) Requirements In carrying out subsection (a)(1), the Secretary shall— (1) address the safety, resiliency, and vulnerability of the transportation system to disasters; and (2) develop tools for decisionmakers and other end-users who could use or benefit from the integrated data described in that subsection to improve public safety and mobility. (c) Treatment Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2022 through 2026, to remain available until expended. 3005. Emerging technology research pilot program (a) Establishment The Secretary shall establish a pilot program to conduct emerging technology research in accordance with this section. (b) Activities The pilot program under this section shall include— (1) research and development activities relating to leveraging advanced and additive manufacturing technologies to increase the structural integrity and cost-effectiveness of surface transportation infrastructure; and (2) research and development activities (including laboratory and test track supported accelerated pavement testing research regarding the impacts of connected, autonomous, and platooned vehicles on pavement and infrastructure performance)— (A) to reduce the impact of automated and connected driving systems and advanced driver-assistance systems on pavement and infrastructure performance; and (B) to improve transportation infrastructure design in anticipation of increased usage of automated driving systems and advanced driver-assistance systems. (c) Treatment Except as otherwise provided in this section, the Secretary shall carry out activities under the pilot program under this section as if— (1) those activities were authorized under chapter 5 of title 23, United States Code; and (2) the funds made available to carry out the pilot program were made available under that chapter. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. 3006. Research and technology development and deployment (a) In general Section 503 of title 23, United States Code, is amended— (1) in subsection (a)(2), by striking section 508 and inserting section 6503 of title 49 ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (E) engage with public and private entities to spur advancement of emerging transformative innovations through accelerated market readiness; and (F) consult frequently with public and private entities on new transportation technologies. ; (B) in paragraph (2)(C)— (i) by redesignating clauses (x) through (xv) as clauses (xi) through (xvi), respectively; and (ii) by inserting after clause (ix) the following: (x) safety measures to reduce the number of wildlife-vehicle collisions; ; (C) in paragraph (3)— (i) in subparagraph (B)(viii), by inserting weather after extreme ; and (ii) in subparagraph (C)— (I) in clause (xv), by inserting extreme weather events and after withstand ; (II) in clause (xviii), by striking and at the end; (III) in clause (xix), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (xx) studies on the deployment and revenue potential of the deployment of energy and broadband infrastructure in highway rights-of-way, including potential adverse impacts of the use or nonuse of those rights-of-way. ; (D) in paragraph (6)— (i) in subparagraph (A), by striking and at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (C) to support research on non-market-ready technologies in consultation with public and private entities. ; (E) in paragraph (7)(B)— (i) in the matter preceding clause (i), by inserting innovations by leading after support ; (ii) in clause (iii), by striking and at the end; (iii) in clause (iv), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (v) the evaluation of information from accelerated market readiness efforts, including non-market-ready technologies, in consultation with other offices of the Federal Highway Administration and key partners. ; (F) in paragraph (8)(A), by striking future highway and all that follows through needs. and inserting the following: “current conditions and future needs of highways, bridges, and tunnels of the United States, including— (i) the conditions and performance of the highway network for freight movement; (ii) intelligent transportation systems; (iii) resilience needs; and (iv) the backlog of current highway, bridge, and tunnel needs. ; and (G) by adding at the end the following: (9) Analysis tools The Secretary may develop interactive modeling tools and databases that— (A) track the full condition of highway assets, including interchanges, and the reconstruction history of those assets; (B) can be used to assess transportation options; (C) allow for the monitoring and modeling of network-level traffic flows on highways; and (D) further Federal and State understanding of the importance of national and regional connectivity and the need for long-distance and interregional passenger and freight travel by highway and other surface transportation modes. ; and (3) in subsection (c)— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by inserting use of rights-of-way permissible under applicable law, after structures, ; (ii) in subparagraph (D), by striking and at the end; (iii) in subparagraph (E), by striking the period at the end and inserting ; and ; and (iv) by adding at the end the following: (F) disseminating and evaluating information from accelerated market readiness efforts, including non-market-ready technologies, to public and private entities. ; (B) in paragraph (2)— (i) in subparagraph (B)(iii), by striking improved tools and methods to accelerate the adoption and inserting and deploy improved tools and methods to accelerate the adoption of early-stage and proven innovative practices and technologies and, as the Secretary determines to be appropriate, support continued implementation ; and (ii) by adding at the end the following: (D) Report Not later than 2 years after the date of enactment of this subparagraph and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available on an internet website a report that describes— (i) the activities the Secretary has undertaken to carry out the program established under paragraph (1); and (ii) how and to what extent the Secretary has worked to disseminate non-market-ready technologies to public and private entities. ; (C) in paragraph (3)— (i) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (ii) by inserting after subparagraph (B) the following: (C) High-friction surface treatment application study (i) Definition of institution In this subparagraph, the term institution means a private sector entity, public agency, research university or other research institution, or organization representing transportation and technology leaders or other transportation stakeholders that, as determined by the Secretary, is capable of working with State highway agencies, the Federal Highway Administration, and the highway construction industry to develop and evaluate new products, design technologies, and construction methods that quickly lead to pavement improvements. (ii) Study The Secretary shall seek to enter into an agreement with an institution to carry out a study on the use of natural and synthetic calcined bauxite as a high-friction surface treatment application on pavement. (iii) Report Not later than 18 months after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall submit a report on the results of the study under clause (ii) to— (I) the Committee on Environment and Public Works of the Senate; (II) the Committee on Transportation and Infrastructure of the House of Representatives; (III) the Federal Highway Administration; and (IV) the American Association of State Highway and Transportation Officials. ; (iii) in subparagraph (D) (as so redesignated), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; and (iv) in subparagraph (E) (as so redesignated)— (I) in clause (i), by striking annually and inserting once every 3 years ; and (II) in clause (ii)— (aa) in subclause (III), by striking and at the end; (bb) in subclause (IV), by striking the period at the end and inserting a semicolon; and (cc) by adding at the end the following: (V) pavement monitoring and data collection practices; (VI) pavement durability and resilience; (VII) stormwater management; (VIII) impacts on vehicle efficiency; (IX) the energy efficiency of the production of paving materials and the ability of paving materials to enhance the environment and promote sustainability; and (X) integration of renewable energy in pavement designs. ; and (D) by adding at the end the following: (5) Accelerated implementation and deployment of advanced digital construction management systems (A) In general The Secretary shall establish and implement a program under the technology and innovation deployment program established under paragraph (1) to promote, implement, deploy, demonstrate, showcase, support, and document the application of advanced digital construction management systems, practices, performance, and benefits. (B) Goals The goals of the accelerated implementation and deployment of advanced digital construction management systems program established under subparagraph (A) shall include— (i) accelerated State adoption of advanced digital construction management systems applied throughout the construction lifecycle (including through the design and engineering, construction, and operations phases) that— (I) maximize interoperability with other systems, products, tools, or applications; (II) boost productivity; (III) manage complexity; (IV) reduce project delays and cost overruns; and (V) enhance safety and quality; (ii) more timely and productive information-sharing among stakeholders through reduced reliance on paper to manage construction processes and deliverables such as blueprints, design drawings, procurement and supply-chain orders, equipment logs, daily progress reports, and punch lists; (iii) deployment of digital management systems that enable and leverage the use of digital technologies on construction sites by contractors, such as state-of-the-art automated and connected machinery and optimized routing software that allows construction workers to perform tasks faster, safer, more accurately, and with minimal supervision; (iv) the development and deployment of best practices for use in digital construction management; (v) increased technology adoption and deployment by States and units of local government that enables project sponsors— (I) to integrate the adoption of digital management systems and technologies in contracts; and (II) to weigh the cost of digitization and technology in setting project budgets; (vi) technology training and workforce development to build the capabilities of project managers and sponsors that enables States and units of local government— (I) to better manage projects using advanced construction management technologies; and (II) to properly measure and reward technology adoption across projects of the State or unit of local government; (vii) development of guidance to assist States in updating regulations of the State to allow project sponsors and contractors— (I) to report data relating to the project in digital formats; and (II) to fully capture the efficiencies and benefits of advanced digital construction management systems and related technologies; (viii) reduction in the environmental footprint of construction projects using advanced digital construction management systems resulting from elimination of congestion through more efficient projects; and (ix) enhanced worker and pedestrian safety resulting from increased transparency. (C) Funding For each of fiscal years 2022 through 2026, the Secretary shall obligate from funds made available to carry out this subsection $20,000,000 to accelerate the deployment and implementation of advanced digital construction management systems. (D) Publication (i) In general Not less frequently than annually, the Secretary shall issue and make available to the public on a website a report on— (I) progress made in the implementation of advanced digital management systems by States; and (II) the costs and benefits of the deployment of new technology and innovations that substantially and directly resulted from the program established under this paragraph. (ii) Inclusions The report under clause (i) may include an analysis of— (I) Federal, State, and local cost savings; (II) project delivery time improvements; (III) congestion impacts; and (IV) safety improvements for roadway users and construction workers. . (b) Advanced transportation technologies and innovative mobility deployment Section 503(c)(4) of title 23, United States Code, is amended— (1) in the heading, by inserting and innovative mobility before deployment ; (2) by striking subparagraph (A) and inserting the following: (A) In general The Secretary shall provide grants to eligible entities to deploy, install, and operate advanced transportation technologies to improve safety, mobility, efficiency, system performance, intermodal connectivity, and infrastructure return on investment. ; (3) in subparagraph (B)— (A) in clause (i), by striking the enhanced use and inserting optimization ; (B) in clause (v)— (i) by striking transit, and inserting work zone, weather, transit, paratransit, ; and (ii) by striking and accessible transportation and inserting , accessible, and integrated transportation and transportation services ; (C) by redesignating clauses (vi) through (viii) as clauses (vii), (viii), and (x), respectively; (D) by inserting after clause (v) the following: (vi) facilitate account-based payments for transportation access and services and integrate payment systems across modes; ; (E) in clause (viii) (as so redesignated), by striking or at the end; and (F) by inserting after clause (viii) (as so redesignated) the following: (ix) incentivize travelers— (I) to share trips during periods in which travel demand exceeds system capacity; or (II) to shift trips to periods in which travel demand does not exceed system capacity; or ; (4) in subparagraph (C)— (A) in clause (i), by striking Not later and all that follows through thereafter and inserting Each fiscal year for which funding is made available for activities under this paragraph ; and (B) in clause (ii)— (i) in subclause (I), by inserting mobility, after safety, ; and (ii) in subclause (II)— (I) in item (bb), by striking and at the end; (II) in item (cc), by striking the period at the end and inserting ; and ; and (III) by adding at the end the following: (dd) facilitating payment for transportation services. ; (5) in subparagraph (D)— (A) in clause (i), by striking Not later and all that follows through thereafter and inserting Each fiscal year for which funding is made available for activities under this paragraph ; and (B) in clause (ii)— (i) by striking In awarding and inserting the following: (I) In general Subject to subclause (II), in awarding ; and (ii) by adding at the end the following: (II) Rural set-aside Not less than 20 percent of the amounts made available to carry out this paragraph shall be reserved for projects serving rural areas. ; (6) in subparagraph (E)— (A) by redesignating clauses (iii) through (ix) as clauses (iv), (v), (vi), (vii), (viii), (xi), and (xiv), respectively; (B) by inserting after clause (ii) the following: (iii) advanced transportation technologies to improve emergency evacuation and response by Federal, State, and local authorities; ; (C) by inserting after clause (viii) (as so redesignated) the following: (ix) integrated corridor management systems; (x) advanced parking reservation or variable pricing systems; ; (D) in clause (xi) (as so redesignated)— (i) by inserting , toll collection, after pricing ; and (ii) by striking or at the end; (E) by inserting after clause (xi) (as so redesignated) the following: (xii) technology that enhances high occupancy vehicle toll lanes, cordon pricing, or congestion pricing; (xiii) integration of transportation service payment systems; ; (F) in clause (xiv) (as so redesignated)— (i) by striking and access and inserting , access, and on-demand transportation service ; (ii) by inserting and other shared-use mobility applications after ridesharing ; and (iii) by striking the period at the end and inserting ; or ; and (G) by adding at the end the following: (xv) retrofitting dedicated short-range communications (DSRC) technology deployed as part of an existing pilot program to cellular vehicle-to-everything (C–V2X) technology. ; (7) in subparagraph (F)(ii)(IV), by striking efficiency and multimodal system performance and inserting mobility, efficiency, multimodal system performance, and payment system performance ; (8) in subparagraph (G)— (A) by redesignating clauses (vi) through (viii) as clauses (vii) through (ix), respectively; and (B) by inserting after clause (v) the following: (vi) improved integration of payment systems; ; (9) in subparagraph (I)(i), by striking fiscal years 2016 through 2020 and inserting fiscal years 2022 through 2026 ; (10) by striking subparagraph (J) and inserting the following: (J) Federal share (i) In general Except as provided in clause (ii), the Federal share of the cost of a project for which a grant is awarded under this subsection shall not exceed 50 percent. (ii) Certain projects The Federal share of the cost of a project for which a grant is awarded under this subsection for activities described in subparagraph (E)(xv) shall not exceed 80 percent. ; and (11) in subparagraph (N)— (A) in clause (i), by striking representing a population of over 200,000 ; and (B) in clause (iii), in the matter preceding subclause (I), by striking a any and inserting any . (c) Center of Excellence on new mobility and automated vehicles Section 503(c) of title 23, United States Code (as amended by subsection (a)(3)(D)), is amended by adding at the end the following: (6) Center of Excellence (A) Definitions In this paragraph: (i) Automated vehicle The term automated vehicle means a motor vehicle that— (I) has a taxable gross weight (as defined in section 41.4482(b)–1 of title 26, Code of Federal Regulations (or successor regulations)) of 10,000 pounds or less; and (II) is capable of performing the entire task of driving (including steering, accelerating and decelerating, and reacting to external stimulus) without human intervention. (ii) New mobility The term new mobility includes shared services such as— (I) docked and dockless bicycles; (II) docked and dockless electric scooters; and (III) transportation network companies. (B) Establishment Not later than 1 year after the date of enactment of the Surface Transportation Reauthorization Act of 2021 , the Secretary shall establish a Center of Excellence to collect, conduct, and fund research on the impacts of new mobility and automated vehicles on land use, urban design, transportation, real estate, equity, and municipal budgets. (C) Partnerships In establishing the Center of Excellence under subparagraph (B), the Secretary shall enter into appropriate partnerships with any institution of higher education (as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 )) or public or private research entity. . (d) Accelerated implementation and deployment of advanced digital construction management systems Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— (1) a description of— (A) the current status of the use of advanced digital construction management systems in each State; and (B) the progress of each State toward accelerating the adoption of advanced digital construction management systems; and (2) an analysis of the savings in project delivery time and project costs that can be achieved through the use of advanced digital construction management systems. (e) Open challenge and research proposal pilot program (1) In general The Secretary shall establish an open challenge and research proposal pilot program under which eligible entities may propose open highway challenges and research proposals that are linked to identified or potential research needs. (2) Requirements A research proposal submitted to the Secretary by an eligible entity shall address— (A) a research need identified by the Secretary or the Administrator of the Federal Highway Administration; or (B) an issue or challenge that the Secretary determines to be important. (3) Eligible entities An entity eligible to submit a research proposal under the pilot program under paragraph (1) is— (A) a State; (B) a unit of local government; (C) a university transportation center under section 5505 of title 49, United States Code; (D) a private nonprofit organization; (E) a private sector organization working in collaboration with an entity described in subparagraphs (A) through (D); and (F) any other individual or entity that the Secretary determines to be appropriate. (4) Project review The Secretary shall— (A) review each research proposal submitted under the pilot program under paragraph (1); and (B) provide to the eligible entity a written notice that— (i) if the research proposal is not selected— (I) notifies the eligible entity that the research proposal has not been selected for funding; (II) provides an explanation as to why the research proposal was not selected, including if the research proposal does not cover an area of need; and (III) if applicable, recommend that the research proposal be submitted to another research program and provide guidance and direction to the eligible entity and the proposed research program office; and (ii) if the research proposal is selected, notifies the eligible entity that the research proposal has been selected for funding. (5) Federal share (A) In general The Federal share of the cost of an activity carried out under this subsection shall not exceed 80 percent. (B) Non-federal share All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity carried out under this subsection. (f) Conforming amendment Section 167 of title 23, United States Code, is amended— (1) by striking subsection (h); and (2) by redesignating subsections (i) through (l) as subsections (h) through (k), respectively. 3007. Workforce development, training, and education (a) Surface transportation workforce development, training, and education Section 504(e) of title 23, United States Code, is amended— (1) in paragraph (1)— (A) by redesignating subparagraphs (D) through (G) as subparagraphs (E), (F), (H), and (I), respectively; (B) by inserting after subparagraph (C) the following: (D) pre-apprenticeships, apprenticeships, and career opportunities for on-the-job training; ; (C) in subparagraph (E) (as so redesignated), by striking or community college and inserting , college, community college, or vocational school ; and (D) by inserting after subparagraph (F) (as so redesignated) the following: (G) activities associated with workforce training and employment services, such as targeted outreach and partnerships with industry, economic development organizations, workforce development boards, and labor organizations; ; (2) in paragraph (2), by striking paragraph (1)(G) and inserting paragraph (1)(I) ; and (3) in paragraph (3)— (A) by striking the period at the end and inserting a semicolon; (B) by striking including activities and inserting the following: “including— (A) activities ; and (C) by adding at the end the following: (B) activities that address current workforce gaps, such as work on construction projects, of State and local transportation agencies; (C) activities to develop a robust surface transportation workforce with new skills resulting from emerging transportation technologies; and (D) activities to attract new sources of job-creating investment. . (b) Transportation education and training development and deployment program Section 504(f) of title 23, United States Code, is amended— (1) in the subsection heading, by striking Development and inserting and Training Development and Deployment ; (2) by striking paragraph (1) and inserting the following: (1) Establishment The Secretary shall establish a program to make grants to educational institutions or State departments of transportation, in partnership with industry and relevant Federal departments and agencies— (A) to develop, test, and review new curricula and education programs to train individuals at all levels of the transportation workforce; or (B) to implement the new curricula and education programs to provide for hands-on career opportunities to meet current and future needs. ; (3) in paragraph (2)— (A) in the matter preceding subparagraph (A), by striking shall and inserting may ; (B) in subparagraph (A), by inserting current or future after specific ; and (C) in subparagraph (E)— (i) by striking in nontraditional departments ; (ii) by inserting construction, after such as ; and (iii) by inserting or emerging after industrial ; (4) by redesignating paragraph (3) as paragraph (4); and (5) by inserting after paragraph (2) the following: (3) Reporting The Secretary shall establish minimum reporting requirements for grant recipients under this subsection, which may include, with respect to a program carried out with a grant under this subsection— (A) the percentage or number of program participants that are employed during the second quarter after exiting the program; (B) the percentage or number of program participants that are employed during the fourth quarter after exiting the program; (C) the median earnings of program participants that are employed during the second quarter after exiting the program; (D) the percentage or number of program participants that obtain a recognized postsecondary credential or a secondary school diploma (or a recognized equivalent) during participation in the program or by not later than 1 year after exiting the program; and (E) the percentage or number of program participants that, during a program year— (i) are in an education or training program that leads to a recognized postsecondary credential or employment; and (ii) are achieving measurable skill gains toward such a credential or employment. . (c) Use of funds Section 504 of title 23, United States Code, is amended by adding at the end the following: (i) Use of funds The Secretary may use funds made available to carry out this section to carry out activities related to workforce development and technical assistance and training if— (1) the activities are authorized by another provision of this title; and (2) the activities are for entities other than employees of the Secretary, such as States, units of local government, Federal land management agencies, and Tribal governments. . 3008. Wildlife-vehicle collision research (a) General authorities and requirements regarding wildlife and habitat Section 515(h)(2) of title 23, United States Code, is amended— (1) in subparagraph (K), by striking and at the end; (2) by redesignating subparagraphs (D), (E), (F), (G), (H), (I), (J), (K), and (L) as subparagraphs (E), (F), (G), (H), (I), (K), (L), (M), and (O), respectively; (3) by inserting after subparagraph (C) the following: (D) a representative from a State, local, or regional wildlife, land use, or resource management agency; ; (4) by inserting after subparagraph (I) (as so redesignated) the following: (J) an academic researcher who is a biological or ecological scientist with expertise in transportation issues; ; and (5) by inserting after subparagraph (M) (as so redesignated) the following: (N) a representative from a public interest group concerned with the impact of the transportation system on terrestrial and aquatic species and the habitat of those species; and . (b) Animal detection systems research and development Section 516(b)(6) of title 23, United States Code, is amended by inserting , including animal detection systems to reduce the number of wildlife-vehicle collisions after systems . 3009. Transportation Resilience and Adaptation Centers of Excellence (a) In general Chapter 5 of title 23, United States Code, is amended by adding at the end the following: 520. Transportation Resilience and Adaptation Centers of Excellence (a) Definition of Center of Excellence In this section, the term Center of Excellence means a Center of Excellence for Resilience and Adaptation designated under subsection (b). (b) Designation The Secretary shall designate 10 regional Centers of Excellence for Resilience and Adaptation and 1 national Center of Excellence for Resilience and Adaptation, which shall serve as a coordinator for the regional Centers, to receive grants to advance research and development that improves the resilience of regions of the United States to natural disasters and extreme weather by promoting the resilience of surface transportation infrastructure and infrastructure dependent on surface transportation. (c) Eligibility An entity eligible to be designated as a Center of Excellence is— (1) an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )); or (2) a consortium of nonprofit organizations led by an institution of higher education. (d) Application To be eligible to be designated as a Center of Excellence, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a proposal that includes a description of the activities to be carried out with a grant under this section. (e) Selection (1) Regional Centers of Excellence The Secretary shall designate 1 regional Center of Excellence in each of the 10 Federal regions that comprise the Standard Federal Regions established by the Office of Management and Budget in the document entitled Standard Federal Regions and dated April 1974 (circular A–105). (2) National Center of Excellence The Secretary shall designate 1 national Center of Excellence to coordinate the activities of all 10 regional Centers of Excellence to minimize duplication and promote coordination and dissemination of research among the Centers. (3) Criteria In selecting eligible entities to designate as a Center of Excellence, the Secretary shall consider— (A) the past experience and performance of the eligible entity in carrying out activities described in subsection (g); (B) the merits of the proposal of an eligible entity and the extent to which the proposal would— (i) advance the state of practice in resilience planning and identify innovative resilience solutions for transportation assets and systems; (ii) support activities carried out under the PROTECT program under section 176; (iii) support and build on work being carried out by another Federal agency relating to resilience; (iv) inform transportation decisionmaking at all levels of government; (v) engage local, regional, Tribal, State, and national stakeholders, including, if applicable, stakeholders representing transportation, transit, urban, and land use planning, natural resources, environmental protection, hazard mitigation, and emergency management; and (vi) engage community groups and other stakeholders that will be affected by transportation decisions, including underserved, economically disadvantaged, rural, and predominantly minority communities; and (C) the local, regional, Tribal, State, and national impacts of the proposal of the eligible entity. (f) Grants Subject to the availability of appropriations, the Secretary shall provide to each Center of Excellence a grant of not less than $5,000,000 for each of fiscal years 2022 through 2031 to carry out the activities described in subsection (g). (g) Activities In carrying out this section, the Secretary shall ensure that a Center of Excellence uses the funds from a grant under subsection (f) to promote resilient transportation infrastructure, including through— (1) supporting climate vulnerability assessments informed by climate change science, including national climate assessments produced by the United States Global Change Research Program under section 106 of the Global Change Research Act of 1990 ( 15 U.S.C. 2936 ), relevant feasibility analyses of resilient transportation improvements, and transportation resilience planning; (2) development of new design, operations, and maintenance standards for transportation infrastructure that can inform Federal and State decisionmaking; (3) research and development of new materials and technologies that could be integrated into existing and new transportation infrastructure; (4) development, refinement, and piloting of new and emerging resilience improvements and strategies, including natural infrastructure approaches and relocation; (5) development of and investment in new approaches for facilitating meaningful engagement in transportation decisionmaking by local, Tribal, regional, or national stakeholders and communities; (6) technical capacity building to facilitate the ability of local, regional, Tribal, State, and national stakeholders— (A) to assess the vulnerability of transportation infrastructure assets and systems; (B) to develop community response strategies; (C) to meaningfully engage with community stakeholders; and (D) to develop strategies and improvements for enhancing transportation infrastructure resilience under current conditions and a range of potential future conditions; (7) workforce development and training; (8) development and dissemination of data, tools, techniques, assessments, and information that informs Federal, State, Tribal, and local government decisionmaking, policies, planning, and investments; (9) education and outreach regarding transportation infrastructure resilience; and (10) technology transfer and commercialization. (h) Federal share The Federal share of the cost of an activity under this section, including the costs of establishing and operating a Center of Excellence, shall be 50 percent. . (b) Clerical amendment The analysis for chapter 5 of title 23, United States Code, is amended by adding at the end the following: 520. Transportation Resilience and Adaptation Centers of Excellence. . 3010. Transportation access pilot program (a) Definitions In this section: (1) Metropolitan planning organization The term metropolitan planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (2) State The term State has the meaning given the term in section 101(a) of title 23, United States Code. (3) Surface transportation modes The term surface transportation modes means— (A) driving; (B) public transportation; (C) walking; (D) cycling; and (E) a combination of any of the modes of transportation described in subparagraphs (A) through (D). (4) Pilot program The term pilot program means the transportation pilot program established under subsection (b). (5) Regional transportation planning organization The term regional transportation planning organization has the meaning given the term in section 134(b) of title 23, United States Code. (b) Establishment Not later than 1 year after the date of enactment of this Act, the Secretary shall establish a transportation pilot program. (c) Purpose The purpose of the pilot program is to develop or procure an accessibility data set and make that data set available to each eligible entity selected to participate in the pilot program— (1) to improve the transportation planning of those eligible entities by— (A) measuring the level of access by surface transportation modes to important destinations, which may include— (i) jobs; (ii) health care facilities; (iii) child care services; (iv) educational and workforce training facilities; (v) housing; (vi) food sources; (vii) points within the supply chain for freight commodities; (viii) domestic or international markets; and (ix) connections between surface transportation modes; and (B) disaggregating the level of access by surface transportation modes by a variety of— (i) population categories, which may include— (I) low-income populations; (II) minority populations; (III) age; (IV) disability; and (V) geographical location; or (ii) freight commodities, which may include— (I) agricultural commodities; (II) raw materials; (III) finished products; and (IV) energy commodities; and (2) to assess the change in accessibility that would result from new transportation investments. (d) Eligible entities An entity eligible to participate in the pilot program is— (1) a State; (2) a metropolitan planning organization; or (3) a regional transportation planning organization. (e) Application To be eligible to participate in the pilot program, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including information relating to— (1) previous experience of the eligible entity measuring transportation access or other performance management experience, if applicable; (2) the types of important destinations to which the eligible entity intends to measure access; (3) the types of data disaggregation the eligible entity intends to pursue; (4) a general description of the methodology the eligible entity intends to apply; and (5) if the applicant does not intend the pilot program to apply to the full area under the jurisdiction of the applicant, a description of the geographic area in which the applicant intends the pilot program to apply. (f) Selection (1) In general The Secretary shall seek to achieve diversity of participants in the pilot program by selecting a range of eligible entities that shall include— (A) States; (B) metropolitan planning organizations that serve an area with a population of 200,000 people or fewer; (C) metropolitan planning organizations that serve an area with a population of over 200,000 people; and (D) regional transportation planning organizations. (2) Inclusions The Secretary shall seek to ensure that, among the eligible entities selected under paragraph (1), there is— (A) a range of capacity and previous experience with measuring transportation access; and (B) a variety of proposed methodologies and focus areas for measuring level of access. (g) Duties For each eligible entity participating in the pilot program, the Secretary shall— (1) develop or acquire an accessibility data set described in subsection (c); and (2) submit the data set to the eligible entity. (h) Methodology In calculating the measures for the data set under the pilot program, the Secretary shall ensure that methodology is open source. (i) Availability The Secretary shall make an accessibility data set under the pilot program available to— (1) units of local government within the jurisdiction of the eligible entity participating in the pilot program; and (2) researchers. (j) Report Not later than 2 years after the date of enactment of this Act, and every 2 years thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the results of the pilot program, including the feasibility of developing and providing periodic accessibility data sets for all States, regions, and localities. (k) Transportation system access (1) In general The Secretary shall establish consistent measures that States, metropolitan planning organizations, and regional transportation planning organizations may choose to adopt to assess the level of safe and convenient access by surface transportation modes to important destinations as described in subsection (c)(1)(A). (2) Savings provision Nothing in this section provides the Secretary the authority— (A) to establish a performance measure or require States or metropolitan planning organizations to set a performance target for access as described in paragraph (1); or (B) to establish any other Federal requirement. (l) Funding The Secretary shall carry out the pilot program using amounts made available to the Secretary for administrative expenses to carry out programs under the authority of the Secretary. (m) Sunset The pilot program shall terminate on the date that is 8 years after the date on which the pilot program is implemented. IV Indian Affairs 4001. Definition of Secretary In this title, the term Secretary means the Secretary of the Interior. 4002. Environmental reviews for certain tribal transportation facilities (a) Definition of tribal transportation safety project (1) In general In this section, the term tribal transportation safety project means a project described in paragraph (2) that is eligible for funding under section 202 of title 23, United States Code. (2) Project described A project described in this paragraph is a project that corrects or improves a hazardous road location or feature or addresses a highway safety problem through 1 or more of the activities described in any of the clauses under section 148(a)(4)(B) of title 23, United States Code. (b) Reviews of tribal transportation safety projects (1) In general The Secretary or the Secretary of Transportation, as applicable, or the head of another Federal agency responsible for a decision related to a tribal transportation safety project shall complete any approval or decision for the review of the tribal transportation safety project required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or any other applicable Federal law on an expeditious basis using the shortest existing applicable process. (2) Review of applications Not later than 45 days after the date of receipt of a complete application by an Indian tribe for approval of a tribal transportation safety project, the Secretary or the Secretary of Transportation, as applicable, shall— (A) take final action on the application; or (B) provide the Indian tribe a schedule for completion of the review described in paragraph (1), including the identification of any other Federal agency that has jurisdiction with respect to the project. (3) Decisions under other Federal laws In any case in which a decision under any other Federal law relating to a tribal transportation safety project (including the issuance or denial of a permit or license) is required, not later than 45 days after the Secretary or the Secretary of Transportation, as applicable, has made all decisions of the lead agency under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to the project, the head of the Federal agency responsible for the decision shall— (A) make the applicable decision; or (B) provide the Indian tribe a schedule for making the decision. (4) Extensions The Secretary or the Secretary of Transportation, as applicable, or the head of the Federal agency may extend the period under paragraph (2) or (3), as applicable, by an additional 30 days by providing the Indian tribe notice of the extension, including a statement of the need for the extension. (5) Notification and explanation In any case in which a required action is not completed by the deadline under paragraph (2), (3), or (4), as applicable, the Secretary, the Secretary of Transportation, or the head of a Federal agency, as applicable, shall— (A) notify the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committee on Natural Resources of the House of Representatives of the failure to comply with the deadline; and (B) provide to the Committees described in subparagraph (A) a detailed explanation of the reasons for the failure to comply with the deadline. 4003. Programmatic agreements for tribal categorical exclusions (a) In general The Secretary and the Secretary of Transportation shall enter into programmatic agreements with Indian tribes that establish efficient administrative procedures for carrying out environmental reviews for projects eligible for assistance under section 202 of title 23, United States Code. (b) Inclusions A programmatic agreement under subsection (a)— (1) may include an agreement that allows an Indian tribe to determine, on behalf of the Secretary and the Secretary of Transportation, whether a project is categorically excluded from the preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); and (2) shall— (A) require that the Indian tribe maintain adequate capability in terms of personnel and other resources to carry out applicable agency responsibilities pursuant to section 1507.2 of title 40, Code of Federal Regulations (or successor regulations); (B) set forth the responsibilities of the Indian tribe for making categorical exclusion determinations, documenting the determinations, and achieving acceptable quality control and quality assurance; (C) allow— (i) the Secretary and the Secretary of Transportation to monitor compliance of the Indian tribe with the terms of the agreement; and (ii) the Indian tribe to execute any needed corrective action; (D) contain stipulations for amendments, termination, and public availability of the agreement once the agreement has been executed; and (E) have a term of not more than 5 years, with an option for renewal based on a review by the Secretary and the Secretary of Transportation of the performance of the Indian tribe. 4004. Use of certain tribal transportation funds Section 202(d) of title 23, United States Code, is amended by striking paragraph (2) and inserting the following: (2) Use of funds Funds made available to carry out this subsection shall be used— (A) to carry out any planning, design, engineering, preconstruction, construction, and inspection of new or replacement tribal transportation facility bridges; (B) to replace, rehabilitate, seismically retrofit, paint, apply calcium magnesium acetate, sodium acetate/formate, or other environmentally acceptable, minimally corrosive anti-icing and deicing composition; or (C) to implement any countermeasure for tribal transportation facility bridges classified as in poor condition, having a low load capacity, or needing geometric improvements, including multiple-pipe culverts. . 4005. Bureau of Indian Affairs road maintenance program There are authorized to be appropriated to the Director of the Bureau of Indian Affairs to carry out the road maintenance program of the Bureau— (1) $50,000,000 for fiscal year 2022; (2) $52,000,000 for fiscal year 2023; (3) $54,000,000 for fiscal year 2024; (4) $56,000,000 for fiscal year 2025; and (5) $58,000,000 for fiscal year 2026. 4006. Study of road maintenance on Indian land (a) Definitions In this section: (1) Indian land The term Indian land has the meaning given the term Indian lands in section 3 of the Native American Business Development, Trade Promotion, and Tourism Act of 2000 ( 25 U.S.C. 4302 ). (2) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (3) Road The term road means a road managed in whole or in part by the Bureau of Indian Affairs. (4) Secretary The term Secretary means the Secretary, acting through the Assistant Secretary for Indian Affairs. (b) Study Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretary of Transportation, shall carry out a study to evaluate— (1) the long-term viability and useful life of existing roads on Indian land; (2) any steps necessary to achieve the goal of addressing the deferred maintenance backlog of existing roads on Indian land; (3) programmatic reforms and performance enhancements necessary to achieve the goal of restructuring and streamlining road maintenance programs on existing or future roads located on Indian land; and (4) recommendations on how to implement efforts to coordinate with States, counties, municipalities, and other units of local government to maintain roads on Indian land. (c) Tribal consultation and input Before beginning the study under subsection (b), the Secretary shall— (1) consult with any Indian tribes that have jurisdiction over roads eligible for funding under the road maintenance program of the Bureau of Indian Affairs; and (2) solicit and consider the input, comments, and recommendations of the Indian tribes described in paragraph (1). (d) Report On completion of the study under subsection (b), the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report on the results and findings of the study. (e) Status report Not later than 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Secretary, in consultation with the Secretary of Transportation, shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report that includes a description of— (1) the progress made toward addressing the deferred maintenance needs of the roads on Indian land, including a list of projects funded during the fiscal period covered by the report; (2) the outstanding needs of the roads that have been provided funding to address the deferred maintenance needs; (3) the remaining needs of any of the projects referred to in paragraph (1); (4) how the goals described in subsection (b) have been met, including— (A) an identification and assessment of any deficiencies or shortfalls in meeting the goals; and (B) a plan to address the deficiencies or shortfalls in meeting the goals; and (5) any other issues or recommendations provided by an Indian tribe under the consultation and input process under subsection (c) that the Secretary determines to be appropriate. 4007. Maintenance of certain Indian reservation roads The Commissioner of U.S. Customs and Border Protection may transfer funds to the Director of the Bureau of Indian Affairs to maintain, repair, or reconstruct roads under the jurisdiction of the Director, subject to the condition that the Commissioner and the Director shall mutually agree that the primary user of the subject road is U.S. Customs and Border Protection. 4008. Tribal transportation safety needs (a) Definitions In this section: (1) Alaska Native The term Alaska Native has the meaning given the term Native in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (2) Alaska Native village The term Alaska Native village has the meaning given the term Native village in section 3 of the Alaska Native Claims Settlement Act ( 43 U.S.C. 1602 ). (3) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (b) Best practices, standardized crash report form (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary, Indian tribes, Alaska Native villages, and State departments of transportation shall develop— (A) best practices for the compiling, analysis, and sharing of motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities; and (B) a standardized form for use by Indian tribes and Alaska Native communities to carry out those best practices. (2) Purpose The purpose of the best practices and standardized form developed under paragraph (1) shall be to improve the quality and quantity of crash data available to and used by the Federal Highway Administration, State departments of transportation, Indian tribes, and Alaska Native villages. (3) Report On completion of the development of the best practices and standardized form under paragraph (1), the Secretary of Transportation shall submit to the Committees on Indian Affairs and Environment and Public Works of the Senate and the Committees on Natural Resources and Transportation and Infrastructure of the House of Representatives a report describing the best practices and standardized form. (c) Use of IMARS The Director of the Bureau of Indian Affairs shall require all law enforcement offices of the Bureau, for the purpose of reporting motor vehicle crash data for crashes occurring on Indian reservations and in Alaska Native communities— (1) to use the crash report form of the applicable State; and (2) to upload the information on that form to the Incident Management Analysis and Reporting System (IMARS) of the Department of the Interior. (d) Tribal Transportation Program safety funding Section 202(e)(1) of title 23, United States Code, is amended by striking 2 percent and inserting 4 percent . 4009. Office of Tribal Government Affairs Section 102 of title 49, United States Code, is amended— (1) in subsection (e)(1)— (A) in the matter preceding subparagraph (A), by striking 6 Assistant and inserting 7 Assistant ; (B) in subparagraph (C), by striking and after the semicolon; (C) by redesignating subparagraph (D) as subparagraph (E); and (D) by inserting after subparagraph (C) the following: (D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and ; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through the end of paragraph (1) and inserting the following: (f) Office of Tribal Government Affairs (1) Establishment There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs— (A) to oversee the tribal self-governance program under section 207 of title 23; (B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations; (C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and (D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23. . | https://www.govinfo.gov/content/pkg/BILLS-117s1953is/xml/BILLS-117s1953is.xml |
117-s-1954 | II 117th CONGRESS 1st Session S. 1954 IN THE SENATE OF THE UNITED STATES May 27, 2021 Mr. Reed introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To reauthorize the John H. Chafee Blackstone River Valley National Heritage Corridor, and for other purposes.
1. Short title This Act may be cited as the John H. Chafee Blackstone River Valley National Heritage Corridor Reauthorization Act of 2021 . 2. Reauthorization of John H. Chafee Blackstone River Valley National Heritage Corridor Section 10(a) of Public Law 99–647 ( 54 U.S.C. 320101 note; 100 Stat. 3630; 104 Stat. 1018; 128 Stat. 3804) is amended by striking 2021 and inserting 2036 . | https://www.govinfo.gov/content/pkg/BILLS-117s1954is/xml/BILLS-117s1954is.xml |
117-s-1955 | II 117th CONGRESS 1st Session S. 1955 IN THE SENATE OF THE UNITED STATES May 28 (legislative day, May 27), 2021 Mr. Murphy (for himself, Ms. Smith , Mrs. Gillibrand , Ms. Duckworth , and Mr. Van Hollen ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title II of the Social Security Act to credit individuals serving as caregivers of dependent relatives with deemed wages for up to five years of such service.
1. Short title This Act may be cited as the Social Security Caregiver Credit Act of 2021 . 2. Findings and sense of the Senate (a) Findings Congress finds that: (1) Caregiving is an essential element of family life and a vital service for children, the ill, the disabled, and the elderly. (2) The establishment of a caregiver credit would bolster the economic prospects of unpaid caregivers and would provide them with vital retirement security. (3) According to projections of the Office of the Chief Actuary of the Social Security Administration published in November of 2020, the combined Old-Age and Survivors Insurance and Federal Disability Insurance Trust Funds will be able to pay scheduled benefits in full until 2034. (b) Sense of the Senate It is the sense of Senate that the United States Congress must address the unfair exclusion of professional and hardworking home care providers who are not eligible to receive Social Security or Medicare because they provide paid care to a family member with a disability under programs operated at the State and local level for general health and welfare protection. 3. Deemed wages for caregivers of dependent relatives (a) In general Title II of the Social Security Act is amended by adding after section 234 ( 42 U.S.C. 434 ) the following new section: 235. Deemed wages for caregivers of dependent relatives (a) Definitions For purposes of this section— (1) (A) Subject to subparagraph (B), the term qualifying month means, in connection with an individual, any month during which such individual was engaged for not less than 80 hours in providing care to a dependent relative without monetary compensation. (B) The term qualifying month does not include any month ending after the date on which such individual attains retirement age (as defined in section 216(l)). (C) For purposes of subparagraph (A), assistance provided to a family caregiver of an eligible veteran under section 1720G of title 38, United States Code, shall not be considered monetary compensation for providing care to such eligible veteran. (2) The term dependent relative means, in connection with an individual— (A) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), or a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, who is under the age of 12; or (B) a child, grandchild, niece, or nephew (of such individual or such individual’s spouse or domestic partner), a child to which the individual or the individual’s spouse or domestic partner is standing in loco parentis, a parent, grandparent, sibling, aunt, or uncle (of such individual or his or her spouse or domestic partner), or such individual’s spouse or domestic partner, if such child, grandchild, niece, nephew, parent, grandparent, sibling, aunt, uncle, spouse, or domestic partner is a chronically dependent individual. (3) (A) The term chronically dependent individual means an individual who— (i) is dependent on a daily basis on verbal reminding, physical cueing, supervision, or other assistance provided to the individual by another person in the performance of at least two of the activities of daily living (described in subparagraph (B)) or instrumental activities of daily living (described in subparagraph (C)); and (ii) without the assistance described in clause (i), could not perform such activities of daily living or instrumental activities of daily living. (B) The activities of daily living referred to in subparagraph (A) means basic personal everyday activities, including— (i) eating; (ii) bathing; (iii) dressing; (iv) toileting; and (v) transferring in and out of a bed or in and out of a chair. (C) The instrumental activities of daily living referred to in subparagraph (A) means activities related to living independently in the community, including— (i) meal planning and preparation; (ii) managing finances; (iii) shopping for food, clothing, or other essential items; (iv) performing essential household chores; (v) communicating by phone or other form of media; and (vi) traveling around and participating in the community. (b) Deemed Wages of Caregiver (1) (A) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 2021, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(i)(3), such individual shall be deemed to have been paid during each qualifying month (in addition to wages or self-employment income actually paid to or derived by such individual during such month) at an amount per month equal to— (i) in the case of a qualifying month during which no wages or self-employment income were actually paid to or derived by such individual, 50 percent of the national average wage index (as defined in section 209(k)(1)) for the second calendar year preceding the calendar year in which such month occurs; and (ii) in the case of any other qualifying month, the excess of the amount determined under clause (i) over 1/2 of the wages or self-employment income actually paid to or derived by such individual during such month. (B) In any case in which there are more than 60 qualifying months for an individual, only the last 60 of such months shall be taken into account for purposes of this section. (2) Paragraph (1) shall not be applicable in the case of any monthly benefit or lump-sum death payment if a larger such benefit or payment, as the case may be, would be payable without its application. (c) Rules and regulations (1) Not later than 1 year after the date of the enactment of this section, the Commissioner of Social Security shall promulgate such regulations as are necessary to carry out this section and to prevent fraud and abuse with respect to the benefits under this section, including regulations establishing procedures for the application and certification requirements described in paragraph (2). (2) A qualifying month shall not be taken into account under this section with respect to an individual unless— (A) the individual submits to the Commissioner of Social Security an application for benefits under this section that includes— (i) the name and identifying information of the dependent relative with respect to whom the individual was engaged in providing care during such month; (ii) if the dependent relative is not a child under the age of 12, documentation from the physician of the dependent relative explaining why the dependent relative is a chronically dependent individual; and (iii) such other information as the Commissioner may require to verify the status of the dependent relative; and (B) for every qualifying month or period of up to 12 consecutive qualifying months that occurs after the first period of 12 consecutive qualifying months, the individual certifies, in such form and manner as the Commissioner shall require, that the information provided in the individual’s application for benefits under this section has not changed. . (b) Conforming amendment Section 209(k)(1) of such Act ( 42 U.S.C. 409(k)(1) ) is amended— (1) by striking and before 230(b)(2) the first time it appears; and (2) by inserting and 235(b)(1)(A)(i), after 1977), . | https://www.govinfo.gov/content/pkg/BILLS-117s1955is/xml/BILLS-117s1955is.xml |
117-s-1956 | II 117th CONGRESS 1st Session S. 1956 IN THE SENATE OF THE UNITED STATES May 28 (legislative day, May 27), 2021 Mr. Manchin (for himself, Mr. Graham , and Mr. Hickenlooper ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Energy to establish a manufacturing clean energy and energy efficiency grant program, and for other purposes.
1. Short title This Act may be cited as the Manufacturing Clean Energy and Energy Efficiency Act of 2021 . 2. Manufacturing Clean Energy and Energy Efficiency Grant Program (a) Definitions In this section: (1) Covered project The term covered project means a project that— (A) has been recommended in an energy assessment described in paragraph (2)(A) conducted for an eligible entity; and (B) with respect to the plant site of that eligible entity— (i) improves— (I) energy efficiency; (II) material efficiency; (III) cybersecurity; or (IV) productivity; or (ii) reduces— (I) waste production; (II) greenhouse gas emissions; or (III) nongreenhouse gas pollution. (2) Eligible entity The term eligible entity means a small- or medium-sized manufacturer that has had an energy assessment completed— (A) by— (i) an Industrial Assessment Center; or (ii) a third party assessor that provides an assessment equivalent to that of an Industrial Assessment Center, as determined by the Secretary; and (B) in the 5-year period preceding the date on which the small- or medium-sized manufacturer submits an application under subsection (c). (3) Industrial assessment center The term Industrial Assessment Center means a center located at an institution of higher education that— (A) receives funding from the Department of Energy; (B) provides an in-depth assessment of small- or medium-sized manufacturers to evaluate the facilities, services, and manufacturing operations of the plant sites of those manufacturers; and (C) as a result of the assessment described in subparagraph (B), identifies opportunities for potential savings from, with respect to those plant sites— (i) energy efficiency improvements; (ii) waste minimization; (iii) pollution prevention; (iv) cybersecurity improvements; and (v) productivity improvement. (4) Institution of higher education The term institution of higher education has the meaning given the term in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ). (5) Program The term program means the program established under subsection (b). (6) Small- or medium-sized manufacturer The term small- or medium-sized manufacturer means a manufacturing firm— (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $2,500,000. (b) Establishment The Secretary shall establish a program within the Office of Energy Efficiency and Renewable Energy under which the Secretary shall provide grants to eligible entities to implement covered projects. (c) Application An eligible entity seeking a grant under the program shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a demonstration of need for financial assistance to implement the proposed covered project. (d) Priority In awarding grants under the program, the Secretary shall give priority to eligible entities that— (1) have had an energy assessment completed by an Industrial Assessment Center; and (2) propose to carry out a covered project with a greater potential for— (A) energy efficiency gains; or (B) greenhouse gas emissions reductions. (e) Grant Amount (1) Maximum amount The amount of a grant provided to an eligible entity under the program shall not exceed $300,000. (2) Federal share A grant awarded under the program for a covered project shall be in an amount that is not more than 50 percent of the cost of the covered project. (3) Supplement A grant received by an eligible entity under the program shall supplement, not supplant, any private or State funds available to the eligible entity to carry out the covered project. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $100,000,000 for each of fiscal years 2022 through 2026, to remain available until expended. 3. Industrial assessment center technical assistance Section 452 of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17111 ) is amended— (1) in subsection (a), by adding at the end the following: (6) Small- or medium-sized manufacturer The term small- or medium-sized manufacturer means a manufacturing firm— (A) the gross annual sales of which are less than $100,000,000; (B) that has fewer than 500 employees at the plant site of the manufacturing firm; and (C) the annual energy bills of which total more than $100,000 but less than $2,500,000. ; and (2) in subsection (e)— (A) in paragraph (4), by striking and at the end; (B) in paragraph (5), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (6) to provide technical assistance to small- and medium-sized manufacturers, for which the industrial research and assessment center has completed an energy assessment, to upgrade, retrofit, or replace systems or infrastructure consistent with recommendations made in the energy assessment. . | https://www.govinfo.gov/content/pkg/BILLS-117s1956is/xml/BILLS-117s1956is.xml |
117-s-1957 | II 117th CONGRESS 1st Session S. 1957 IN THE SENATE OF THE UNITED STATES May 28 (legislative day, May 27), 2021 Mr. Wyden (for himself, Mrs. Murray , Mr. Bennet , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish digital services in State, county, local, and Tribal governments, and for other purposes.
1. Short title This Act may be cited as the State and Local Digital Service Act of 2021 . 2. Definitions In this Act— (1) the term Administrator means the Administrator of General Services; (2) the term digital service grant means a grant under section 3(a); (3) the term digital service planning grant means a grant under section 4(a); (4) the term digital service team means a team of employees of an eligible applicant that— (A) extends existing software development capacity and provides digital consultancy services, focusing on user-centered design and development practices through the use of modern product development techniques, such as— (i) user research and design; (ii) incremental and iterative outcome driven delivery practices; and (iii) software development procurement practices that rely on small-dollar, short-duration contracts; and (B) enhances the delivery of services by the eligible applicant through partnerships or embedding the employees within other agencies of the eligible applicant; (5) the term eligible applicant means a State, Indian Tribe, or unit of local government; (6) the term Indian Tribe has the meaning given the term Indian tribe in section 4(e) of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304(e) ); (7) the term State has the meaning given that term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ); (8) the term underserved or disadvantaged community means— (A) a low-income community; (B) a community of color; (C) a Tribal community; (D) a rural community; (E) aging individuals; (F) veterans; (G) individuals with disabilities; (H) individuals with a language barrier, including individuals who— (i) are English learners; or (ii) have low levels of literacy; or (I) any other community that the Administrator determines is disproportionately vulnerable to, or bears a disproportionate burden of, any combination of economic, social, environmental, or climate stressors; and (9) the term unit of local government means a city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State. 3. Digital service grants (a) In general The Administrator, in consultation with the Administrator of the United States Digital Service, shall establish a Digital Service Grant Program, under which the Administrator shall make grants to eligible applicants in accordance with the requirements of this section for the purpose of establishing or supporting a digital service team. (b) Application An eligible applicant desiring a digital service grant shall submit an application at such time, in such manner, and containing such information as the Administrator may specify. (c) Initial grant preference Among eligible applicants that have not previously received a digital service grant, the Administrator shall give preference to an eligible applicant if— (1) the chief executive officer of the eligible applicant has publicly demonstrated a commitment to modernizing government technology and service delivery; (2) the eligible applicant has officially designated an officer of the eligible applicant to have responsibility for functions relating to the digital services of the eligible applicant, such as a Chief Technology Officer, Chief Innovation Officer, or Chief Digital Services Officer, and such functions are recognized as distinct from management and operations of traditional information technology; (3) the eligible applicant demonstrates a rigorous commitment to human-centered delivery of government services in such manner as the Administrator determines appropriate; (4) the eligible applicant articulates clearly a specific benefits program of the Federal Government with respect to which the eligible applicant, in collaboration with the relevant Federal agency, intends to modernize the digital delivery of government services by the eligible applicant; or (5) the eligible applicant articulates clearly how the eligible applicant will use amounts received under the grant to improve the digital delivery of government services to underserved or disadvantaged communities. (d) Continuing grants The Administrator may make not more than 2 additional digital service grants to an eligible applicant that has previously received a digital service grant if the eligible applicant— (1) has a demonstrated record of successful digital delivery of government services, including through the use of the most recent prior digital service grant; and (2) articulates clearly the government service delivery projects the eligible applicant would carry out with the grant. (e) Grant period The Administrator shall award digital service grants for a period of not more than 3 years. (f) Continuity of funding To the maximum extent practicable, the Administrator shall award digital service grants described in subsection (d) in a manner that ensures that there is not a break in funding— (1) between the initial digital service grant described in subsection (c) and the first grant described in subsection (d); or (2) between the first grant described in subsection (d) and the second grant described in subsection (d). (g) Grant amount The annual amount of a digital service grant shall be equal to the lesser of— (1) in dollars, the amount equal to the sum of— (A) the population served by the eligible applicant; and (B) 200,000; or (2) $3,000,000. (h) Use of funds (1) In general Not less than 50 percent of the amount received under a digital service grant shall be used for salary and benefits of the members of the digital service team. (2) Accessibility An eligible applicant that receives a digital service grant shall make public services improved by a digital service team of the eligible applicant available in an accessible format, compliant with the most recent Web Content Accessibility Guidelines of the Web Accessibility Initiative, or successor guidelines. (i) Matching requirement (1) In general Except as provided in paragraph (2), the Federal share of an activity carried out using a digital service grant shall be not more than 90 percent. (2) Waiver Upon application by an eligible applicant, the Administrator may waive the requirement under paragraph (1) if the Administrator determines that the eligible applicant demonstrates financial need. (j) Procurement best practices The digital service team of an eligible applicant that receives a grant under this section shall work with the United States Digital Service and the 18F office within the General Services Administration to establish procurement best practices based on Federal best practices, such as the 18F office’s budgeting handbook, and the individual needs of the eligible applicant. (k) Supplement not supplant A digital service grant to an eligible applicant shall supplement, not supplant, other Federal, State, local, or Tribal funds that are available to the eligible applicant to carry out activities described in this section. (l) Set asides (1) In general From amounts made available in a fiscal year to carry out the Digital Service Grant Program under this section, the Administrator shall reserve 5 percent for the implementation and administration of the grant program, which shall include— (A) providing technical support and assistance; (B) providing assistance to eligible applicants to prepare applications for digital service grants; (C) assisting eligible applicants in preparing and submitting the reports required under section 5(a); (D) collecting demographic data about grant applicants, grant recipients, and populations served; and (E) conducting outreach to eligible applicants regarding opportunities to apply for digital service grants. (2) Indian Tribes From amounts made available in a fiscal year to carry out the Digital Service Grant Program under this section, the Administrator shall use not less than $10,000,000 for grants to eligible applicants that are Indian Tribes. 4. Digital service planning grants (a) In general The Administrator, in consultation with the Administrator of the United States Digital Service, shall establish a Digital Service Planning Grant Program under which the Administrator shall make grants to eligible applicants in accordance with the requirements of this section for the purpose of creating a plan to establish a digital service team. (b) Application An eligible applicant desiring a digital service planning grant shall submit an application at such time, in such manner, and containing such information as the Administrator may specify. (c) Grant period The Administrator shall award digital service planning grants for a period of 1 year. (d) Grant amount The amount of a digital service grant shall be not less than $50,000 and not more than $200,000. (e) Matching requirement (1) In general Except as provided in paragraph (2), the Federal share of an activity carried out using a digital service planning grant shall be not more than 90 percent. (2) Waiver Upon application by an eligible applicant, the Administrator may waive the requirement under paragraph (1) if the Administrator determines that the eligible applicant demonstrates financial need. (f) Supplement not supplant A digital service planning grant to an eligible applicant shall supplement, not supplant, other Federal, State, local, or Tribal funds that are available to the eligible applicant to create a plan to establish a digital service team. (g) Set asides From amounts made available in a fiscal year to carry out the Digital Service Planning Grant Program under this section, the Administrator shall reserve 5 percent for the implementation and administration of the grant program, which shall include— (1) providing technical support and assistance; (2) providing assistance to eligible applicants to prepare applications for digital service planning grants; (3) assisting eligible applicants in preparing and submitting the reports required under section 5(a); and (4) conducting outreach to eligible applicants regarding opportunities to apply for digital service planning grants. 5. Reporting and evaluation (a) Recipients (1) Digital service grant report Not later than the end of the period of a digital service grant, the recipient of the digital service grant shall submit to the Administrator and make publicly available on the website of the recipient a brief report describing— (A) the skills and areas of expertise of the members of the digital service team established or supported using amounts made available under the grant; (B) projects undertaken using amounts made available under the grant, including a discussion of the impact of those projects; (C) lessons learned from implementing the projects described in subparagraph (B); (D) human-centered measurements of how well the projects described in subparagraph (B) help the people they serve; (E) the information technology and delivery projects the recipient intends to implement next; and (F) any other information determined appropriate by the Administrator. (2) Digital service planning grant report Not later than the end of the period of a digital service planning grant, the recipient of the digital service planning grant shall submit to the Administrator and make publicly available on the website of the recipient a brief report describing— (A) a summary of the plan developed using amounts under the digital service planning grant; (B) proposed projects for a future digital service team; (C) proposed human-centered measurements of how well the projects described in subparagraph (B) would help the people they serve; and (D) any other information determined appropriate by the Administrator. (3) Technical assistance The Administrator shall provide technical support and assistance to eligible entities receiving a digital service grant to complete the reporting and evaluation required under paragraph (1), to the extent practical, to ensure consistency in data reporting and to meet the objectives of this Act. (b) Reports to Congress and public Not later than 1 year after the date on which the Administrator begins awarding digital service grants, and every 2 years thereafter, the Administrator, in consultation with the Administrator of the United States Digital Service, shall submit to Congress and make publicly available on the websites of the General Services Administration and the United States Digital Service a report that summarizes— (1) the digital service grants and digital service planning grants applied for and made; and (2) the uses and impacts of digital service grants, based on the reports received under subsection (a). (c) Authority To contract and enter into other agreements The Administrator may award grants and enter into contracts, cooperative agreements, and other arrangements with Federal agencies, public and private organizations, and other entities with expertise that the Administrator determines appropriate in order to— (1) evaluate the impact and efficacy of activities supported by digital service grants and digital service planning grants; and (2) develop, catalog, disseminate, and promote the exchange of best practices, both with respect to and independent of the Digital Service Grant Program and the Digital Service Planning Grant Program, in the creation and success of digital service teams. (d) Consultation and public engagement In carrying out subsection (b), and to further the objectives described in paragraphs (1) and (2) of subsection (c), the Administrator shall conduct ongoing collaboration and consult with— (1) the Administrator of the United States Digital Service; (2) State agencies and governors of States (or equivalent officials); (3) national, State, Tribal, and local organizations that have digital service teams; (4) researchers, academics, and philanthropic organizations; and (5) other agencies, organizations, entities, and community stakeholders as determined appropriate by the Administrator. 6. State use of Federal resources (a) Issuance of guidance Not later than 120 days after the date of enactment of this Act, the Administrator shall issue guidance to streamline the procurement of Federal services and technology by States, units of local government, and Indian Tribes. (b) Consultation and comments In formulating the guidance issued under subsection (a), the Administrator shall— (1) consult with the United States Digital Service, the Technology Transformation Services, and digital service teams of States, units of local government, and governments of Indian Tribes; and (2) solicit public comments. (c) Considerations In formulating the guidance issued under subsection (a), the Administrator shall consider— (1) removing restrictions of the Technology Transformation Services on funding sources and signatory requirements; (2) creating a process for cloud service authorizations for States, units of local government, and Indian Tribes; (3) streamlining the ability of States, units of local government, and Indian Tribes to purchase products offered by the Federal Government; and (4) any other relevant suggestions received as part of the consultation and comments under subsection (b). 7. Authorization of appropriations (a) Grants (1) Digital service grants There are authorized to be appropriated to the Administrator to carry out section 3 $100,000,000 for each of fiscal years 2022 through 2028. (2) Digital service planning grants There are authorized to be appropriated to the Administrator to carry out section 4 $20,000,000 for each of fiscal years 2022 through 2028. (b) Amounts for audit and oversight There are authorized to be appropriated to the Inspector General of the General Services Administration $1,000,000 for the first fiscal year during which digital service grants are awarded, and each of the 7 fiscal years thereafter, for audits and oversight of funds made available to carry out this Act. (c) Availability Amounts made available pursuant to subsections (a) and (b) shall remain available until expended. | https://www.govinfo.gov/content/pkg/BILLS-117s1957is/xml/BILLS-117s1957is.xml |
117-s-1958 | II 117th CONGRESS 1st Session S. 1958 IN THE SENATE OF THE UNITED STATES June 7, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to reauthorize the program of payments to teaching health centers that operate graduate medical education programs.
1. Short title This Act may be cited as the Doctors of Community Act or the DOC Act . 2. Reauthorization of program of payments to teaching health centers that operate graduate medical education programs Section 340H(g) of the Public Health Service Act ( 42 U.S.C. 256H(g) ) is amended— (1) by amending paragraph (1) to read as follows: (1) In general To carry out this section, there are appropriated, to remain available until expended, such sums as may be necessary, not to exceed— (A) $230,000,000, for the period of fiscal years 2011 through 2015; (B) $60,000,000 for each of fiscal years 2016 and 2017; (C) $126,500,000 for each of fiscal years 2018 through 2023; (D) $554,400,000 for fiscal year 2024; (E) $571,200,000 for fiscal year 2025; (F) $588,000,000 for fiscal year 2026; (G) $604,800,000 for fiscal year 2027; (H) $621,600,000 for fiscal year 2028; (I) $638,400,000 for fiscal year 2029; (J) $655,200,000 for fiscal year 2030; (K) $672,000,000 for fiscal year 2031; (L) $688,800,000 for fiscal year 2032; (M) $729,200,000 for fiscal year 2033; and (N) for fiscal year 2034 and each fiscal year thereafter, the dollar amount applicable under this paragraph for the preceding fiscal year, adjusted in accordance with paragraph (3). ; and (2) by adding at the end the following: (3) Adjustment for inflation For purposes of paragraph (1)(N), the dollar amount applicable under paragraph (1) for fiscal years beginning after fiscal year 2033 shall be equal to the dollar amount applicable for the preceding fiscal year, increased by the percentage increase in the medical care component of the consumer price index for all urban consumers (U.S. city average), as such percentage increase is estimated by the Secretary for the 12-month period ending with March of the previous year. . | https://www.govinfo.gov/content/pkg/BILLS-117s1958is/xml/BILLS-117s1958is.xml |
117-s-1959 | II 117th CONGRESS 1st Session S. 1959 IN THE SENATE OF THE UNITED STATES June 7, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase the age for required mandatory distributions from retirement accounts, and for other purposes.
1. Short title This Act may be cited as the Keeping Your Retirement Act of 2021 . 2. Increase in age for required beginning date for mandatory distributions (a) In general Section 401(a)(9)(C)(i)(I) of the Internal Revenue Code of 1986 is amended by striking age 72 and inserting age 75 . (b) Spouse beneficiaries; special rule for owners Subparagraphs (B)(iv)(I) and (C)(ii)(I) of section 401(a)(9) of the Internal Revenue Code of 1986 are each amended by striking age 72 and inserting age 75 . (c) Conforming amendment The last sentence of section 408(b) of the Internal Revenue Code of 1986 is amended by striking age 72 and inserting age 75 . (d) Effective date The amendments made by this section shall apply to distributions required to be made after December 31, 2021, with respect to individuals who attain age 72 after such date. | https://www.govinfo.gov/content/pkg/BILLS-117s1959is/xml/BILLS-117s1959is.xml |
117-s-1960 | II 117th CONGRESS 1st Session S. 1960 IN THE SENATE OF THE UNITED STATES June 7, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To restrict the ability of the Administrator of the Federal Emergency Management Agency to adjust the rates for flood insurance coverage under the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the Flood Insurance Fairness Act . 2. Chargeable premium rates Notwithstanding any other provision of law, including section 1308 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015 ), with respect to the chargeable premium rates described in subsection (a)(1) of that section, as in effect on the date of enactment of this Act, the Administrator of the Federal Emergency Management Agency may not adjust those rates unless a duly enacted law of the United States enacted after the date of enactment of this Act provides the Administrator with that authority. | https://www.govinfo.gov/content/pkg/BILLS-117s1960is/xml/BILLS-117s1960is.xml |
117-s-1961 | II 117th CONGRESS 1st Session S. 1961 IN THE SENATE OF THE UNITED STATES June 7, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to increase IRA contribution limits for individuals without an employer retirement plan.
1. Short title This Act may be cited as the Increasing Retirement Amount Act of 2021 or the IRA Act of 2021 . 2. Increase in contribution limits for individuals without an employer retirement plan (a) In general Section 219 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Special rules for individuals without an employer plan For purposes of this section— (1) In general In the case of an applicable individual— (A) the deductible amount for purposes of subsection (b)(1)(A) is $12,000, and (B) the applicable amount for purposes of subsection (b)(5)(B)(i) is $3,000. (2) Cost-of-living adjustment (A) In general In the case of any taxable year beginning in a calendar year after 2022, the $12,000 amount under paragraph (1)(A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (B) Rounding rules If any amount after adjustment under subparagraph (A) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (3) Applicable individual For purposes of paragraph (1), the term applicable individual with respect to any taxable year means any individual whose employer does not maintain a plan described in any clause of subsection (g)(5)(A) for such taxable year. . (b) Coordination with Kay Bailey Hutchinson spousal IRA Subparagraph (A) of section 219(c)(1) of the Internal Revenue Code of 1986 is amended by striking (b)(1)(A) and inserting (b)(1)(A) (determined without regard to subsection (h)) . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. | https://www.govinfo.gov/content/pkg/BILLS-117s1961is/xml/BILLS-117s1961is.xml |
117-s-1962 | II 117th CONGRESS 1st Session S. 1962 IN THE SENATE OF THE UNITED STATES June 7, 2021 Mr. Murphy (for himself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act to provide grant funding to States for mental health and substance use disorder parity implementation.
1. Short title This Act may be cited as the Parity Implementation Assistance Act . 2. Grants to support mental health and substance use disorder parity implementation (a) In general Section 2794(c) of the Public Health Service Act ( 42 U.S.C. 300gg–94(c) ) (as added by section 1003 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is amended by adding at the end the following: (3) Parity implementation (A) In general Beginning 60 days after the date of enactment of the Parity Implementation Assistance Act , the Secretary shall award grants to States to implement the mental health and substance use disorder parity provisions of section 2726, provided that in order to receive such a grant, a State is required to request and review from health insurance issuers offering group or individual health insurance coverage the comparative analyses and other information required of such health insurance issuers under subsection (a)(8)(A) of such section 2726 regarding the design and application of nonquantitative treatment limitations imposed on mental health or substance use disorder benefits. (B) Authorization of appropriations For purposes of awarding grants under subparagraph (A), there are authorized to be appropriated $25,000,000 for each of the first five fiscal years beginning after the date of the enactment of this paragraph. . (b) Technical amendment Section 2794 of the Public Health Service Act ( 42 U.S.C. 300gg–95 ), as added by section 6603 of the Patient Protection and Affordable Care Act ( Public Law 111–148 ) is redesignated as section 2795. | https://www.govinfo.gov/content/pkg/BILLS-117s1962is/xml/BILLS-117s1962is.xml |
117-s-1963 | II 117th CONGRESS 1st Session S. 1963 IN THE SENATE OF THE UNITED STATES June 8, 2021 Ms. Cortez Masto (for herself and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to direct the Secretary of Education to award institutions of higher education grants for teaching English learners.
1. Short title This Act may be cited as the Reaching English Learners Act . 2. Teaching English learners grant Part B of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1031 et seq. ) is amended by adding at the end the following: 6 Teaching English learners grant 259. Teaching English learners grant (a) Authorization of program The Secretary shall award grants, on a competitive basis, to eligible partnerships to improve the preparation of teacher candidates to ensure that such teacher candidates possess the knowledge and skills necessary to effectively instruct English learners. (b) Duration of grants A grant under this section shall be awarded for a period of not more than 5 years. (c) Preference In awarding grants under this section, the Secretary shall give preference to eligible partnerships that recruit and enroll teacher candidates who are from underrepresented populations or former English learners. (d) Non-Federal share An eligible partnership that receives a grant under this section shall provide not less than 50 percent of the cost of the activities carried out with such grant from non-Federal sources, which may be provided in cash or in kind. (e) Uses of funds An eligible partnership that receives a grant under this section shall use the grant to— (1) develop, or strengthen, an undergraduate, postbaccalaureate, or master’s teacher preparation program that enables the graduate to meet the State’s licensure or certification requirements to teach English learners and incorporates evidence-based strategies for teaching English learners (including bilingual, immersion, and dual-language education) into the education curriculum and academic content; (2) provide teacher candidates participating in a program under paragraph (1) with skills related to— (A) helping English learners— (i) achieve at high levels in early childhood education programs, and elementary schools and secondary schools so such English learners can meet the challenging State academic standards that— (I) have been adopted under section 1111(b)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(b)(1) ) by the State of the school attended or to be attended by the English learners; and (II) apply to all public school students in the State; and (ii) attain English proficiency; (B) appropriately identifying and meeting the specific learning needs of children with disabilities who are English learners; (C) recognizing and addressing the social and emotional needs of English learners; and (D) promoting parental, family, and community engagement in educational programs that serve English learners; and (3) provide teacher candidates participating in the program with high-quality preservice clinical experience that includes, to the extent practicable— (A) clinical learning in classrooms that service English learners; and (B) mentoring by a teacher certified to teach English learners. (f) Application An eligible partnership seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require. Such application shall include— (1) a self-assessment by the eligible partnership of the existing teacher preparation program at the institution of higher education and the needs related to preparing teacher candidates to instruct English learners in the manner described in subsection (e)(2); (2) a self-assessment by the eligible partnership of the personnel needs for teachers who instruct English learners at local, early childhood education programs, and elementary schools and secondary schools; (3) a description of the intended uses of such grant; and (4) a description of the plan to carry out the evaluation under subsection (g)(1). (g) Evaluations (1) Report from eligible partnerships An eligible partnership receiving a grant under this section shall submit to the Secretary the results of an evaluation conducted by the partnership at the end of the grant period to determine— (A) the effectiveness of teachers who completed a program under subsection (e)(1) with respect to instruction of English learners; (B) the systemic impact of the activities carried out by such grant on how such partnership prepares teachers to provide instruction in early childhood education programs, and elementary schools and secondary schools; and (C) the percentage of teacher candidates that meet the State certification and licensure requirements for teaching English learners. (2) Report from the Secretary Not later than 180 days after the last day of the grant period under this section, the Secretary shall make available to the authorizing committees and the public— (A) the findings of the evaluations submitted under paragraph (1); and (B) information on best practices related to effective instruction of English learners. (h) Supplement, not supplant An eligible partnership receiving a grant under this section may use the grant only to supplement funds made available from non-Federal sources to carry out the activities supported by such grant, and in no case to supplant such funds from non-Federal sources. (i) Definitions In this section: (1) Child with a disability The term child with a disability has the meaning given the term in section 602 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1401 ). (2) Eligible institution of higher education The term eligible institution of higher education means an institution of higher education that has a program of study that leads to an undergraduate degree, a master’s degree, or completion of a postbaccalaureate program required for teacher certification or licensure, including any requirements for certification obtained through alternative routes to certification. (3) Eligible partnership The term eligible partnership means an eligible institution of higher education in partnership with a high-need local educational agency or a high-need early childhood education program. (4) English learner The term English learner has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). . | https://www.govinfo.gov/content/pkg/BILLS-117s1963is/xml/BILLS-117s1963is.xml |
117-s-1964 | II 117th CONGRESS 1st Session S. 1964 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Bennet (for himself, Mr. Barrasso , Ms. Rosen , Ms. Cortez Masto , Mr. Hickenlooper , Mr. Risch , and Mr. Crapo ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Omnibus Parks and Public Lands Management Act of 1996 to provide for the establishment of a Ski Area Fee Retention Account, and for other purposes.
1. Short title This Act may be cited as the Ski Hill Resources for Economic Development Act of 2021 . 2. Establishment of Ski Area Fee Retention Account (a) In general Section 701 of division I of the Omnibus Parks and Public Lands Management Act of 1996 ( 16 U.S.C. 497c ) is amended by adding at the end the following: (k) Ski area fee retention account (1) Definitions In this subsection: (A) Account The term Account means the Ski Area Fee Retention Account established under paragraph (2). (B) Covered unit The term covered unit means a unit of the National Forest System that collects a rental charge. (C) Program The term Program means the Forest Service Ski Area Program. (D) Region The term region means a region of the Forest Service. (E) Rental charge The term rental charge means a permit rental charge that is charged under subsection (a). (F) Secretary The term Secretary means the Secretary of Agriculture. (2) Establishment The Secretary of the Treasury shall establish in the Treasury a special account, to be known as the Ski Area Fee Retention Account , into which there shall be deposited— (A) in the case of a covered unit at which $15,000,000 or more is collected by the covered unit from rental charges in a fiscal year, an amount equal to 60 percent of the rental charges collected at the covered unit in the fiscal year; or (B) in the case of any other covered unit, an amount equal to 75 percent of the rental charges collected at the covered unit in a fiscal year. (3) Availability Subject to paragraph (5), any amounts deposited in the Account under paragraph (2) shall be available to the Secretary for use in accordance with paragraph (4), without further appropriation, and shall remain available until expended. (4) Use and distribution of amounts in the Account (A) Distribution of percentage amounts Except as provided in subparagraphs (B), (C), (D), (F), and (G), 75 percent of the amounts deposited in the Account from a covered unit at which the rental charges were collected in the preceding fiscal year shall be available for expenditure in accordance with subparagraph (E) at that covered unit. (B) Reduction of percentage amount Subject to subparagraph (C), the Secretary may reduce the percentage of amounts available to a covered unit under subparagraph (A) if the Secretary determines that the amounts will exceed the reasonable needs of the covered unit for the purposes described in subparagraph (E) in the fiscal year. (C) Limitation The Secretary may not reduce, pursuant to subparagraph (B), the percentage of amounts available under subparagraph (A)— (i) in the case of a covered unit described in paragraph (2)(A), to less than 25 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year; or (ii) in the case of any other covered unit, to less than 40 percent of the amount of rental charges deposited in the Account from the covered unit in a fiscal year. (D) Distribution of reduction amounts The Secretary may make any amounts in the Account remaining as a result of any reduction in the percentage of amounts under subparagraph (B) available to other covered units or the regions in which the covered units are located for the purposes described in subparagraph (E), taking into consideration the following factors: (i) Any backlog in ski area permit and Program administration in the covered units, including— (I) the number of proposals for ski area improvement projects; and (II) the processing of proposals for ski area improvement projects. (ii) Any need for services, training, staffing, or the streamlining of programs in the other covered units or the region in which the covered units are located that would improve the administration of the Program. (iii) Any need for wildfire preparedness, planning, and coordination in and around ski areas. (E) Authorized expenditures Amounts distributed from the Account to a covered unit under this subsection may be used for— (i) ski area special use permit and Program administration in the covered unit, including— (I) the processing of proposals for ski area improvement projects; and (II) staffing and contracting for that processing and related services in the covered unit or in the applicable region; (ii) staff training for processing of ski area applications and administering ski area permits in the covered unit or the region in which the covered unit is located; (iii) interpretation activities, visitor information, visitor services, and signage in the covered unit to enhance the ski area visitor experience on National Forest System land; and (iv) wildfire preparedness, planning, and coordination in and around ski areas in the covered unit or in the applicable region. (F) Expenditure for other purposes If any amounts remain in the Account after all necessary Program expenditures have been made under subparagraph (D), the Secretary may use the amounts for other purposes in accordance with subparagraph (G). (G) Other recreation permit administration, visitor services, and other purposes In addition to any amounts remaining in the Account described in subparagraph (F), 25 percent of the amounts deposited in the Account from a covered unit in which the rental charges were collected shall remain available for expenditure at that covered unit or the region in which the covered unit is located for— (i) administering non-ski area Forest Service recreation special use permits; (ii) avalanche information and education activities carried out by the Secretary or nonprofit partners; (iii) recreation management, maintenance, and services; and (iv) administration of leases under— (I) the Forest Service Facility Realignment and Enhancement Act of 2005 ( 16 U.S.C. 580d note; Public Law 109–54 ); and (II) section 8623 of the Agriculture Improvement Act of 2018 ( 16 U.S.C. 580d note; Public Law 115–334 ). (H) Limitation Amounts in the Account may not be used for— (i) the conduct of wildfire suppression outside ski area permit boundaries; or (ii) the acquisition of land for inclusion in the National Forest System. (5) Savings provisions (A) In general Nothing in this subsection affects the applicability of section 7 of the Act of April 24, 1950 (commonly known as the Granger-Thye Act ) ( 16 U.S.C. 580d ), to ski areas on National Forest System land. (B) Supplemental funding Rental charges retained and expended under this subsection shall supplement (and not supplant) appropriated funding for the operation and maintenance of each covered unit. (C) Cost recovery Nothing in this subsection affects any cost recovery under any other provision of law for processing applications for or monitoring compliance with ski area permits or other recreation special use permits. . (b) Effective date This section (including the amendments made by this section) shall take effect on the date that is 60 days after the date of enactment of this Act. (c) Implementation The Secretary of Agriculture shall not be required to issue regulations or policy guidance to implement this section (including the amendments made by this section). | https://www.govinfo.gov/content/pkg/BILLS-117s1964is/xml/BILLS-117s1964is.xml |
117-s-1965 | II 117th CONGRESS 1st Session S. 1965 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mrs. Murray introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To direct the Secretary of Veterans Affairs to improve long-term care provided to veterans by the Department of Veterans Affairs, and for other purposes.
1. Short title This Act may be cited as the Planning for Aging Veterans Act of 2021 . 2. Strategy for long-term care for aging veterans (a) In general The Secretary of Veterans Affairs shall develop a strategy for the long-term care of veterans. (b) Elements The strategy developed under subsection (a) shall— (1) identify current and future needs for the long-term care of veterans based on demographic data and availability of services both from Department of Veterans Affairs and from non-Department providers in the community, include other Federal Government, non-Federal Government, nonprofit, for profit, and other entities; (2) identify the current and future needs of veterans for both institutional and non-institutional long-term care (for example, home-based and community-based services), taking into account the needs of growing veteran population groups, including women veterans, veterans with traumatic brain injury, veterans with memory loss, and other population groups with unique needs; and (3) address new and different care delivery models, including by— (A) assessing the implications of such models for the design of facilities and how those facilities may need to change; and (B) examining the workforce needed to support aging populations of veterans as they grow and receive long-term care through different trends of care delivery. (c) Report Not later than one year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the strategy developed under subsection (a). 3. Improvement of State veterans homes (a) Standardized sharing agreements The Secretary of Veterans Affairs shall develop a standardized process throughout the Department of Veterans Affairs for entering into sharing agreements between State homes and medical centers of the Department. (b) Clarification on copayments for certain disabled veterans The Secretary shall ensure that all veterans who are catastrophically disabled, as defined by the Secretary under section 1730A of title 38, United States Code, are not required to pay a copayment for medication received at a State home. (c) Oversight of inspections (1) Monitoring The Secretary shall monitor any contractor used by the Department to conduct inspections of State homes, including by reviewing the inspections conducted by each such contractor for quality not less frequently than quarterly. (2) Reporting of deficiencies The Secretary shall require that any deficiencies of a State home noted during the inspection of the State home be reported to the Secretary. (3) Transparency The Secretary shall publish the results of any inspection of a State home on a publicly available internet website of the Department. (d) Definitions In this section, the term State home has the meaning given that term in section 101(19) of title 38, United States Code. 4. Geriatric psychiatry pilot program at State veterans homes (a) In general Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall commence the conduct of a pilot program under which the Secretary shall provide geriatric psychiatry assistance to eligible veterans at State homes. (b) Duration The Secretary shall carry out the pilot program under this section for a two-year period. (c) Type of assistance Assistance provided under the pilot program under this section may include— (1) direct provision of geriatric psychiatry services, including health care if feasible; (2) payments to non-Department of Veterans Affairs providers in the community to provide such services; (3) collaboration with other Federal agencies to provide such services; or (4) such other forms of assistance as the Secretary considers appropriate. (d) Consideration of local area needs In providing assistance under the pilot program under this section, the Secretary shall consider the geriatric psychiatry needs of the local area, including by considering— (1) State homes with a high proportion of residents with unmet mental health needs; (2) State homes located in mental health care health professional shortage areas designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ); or (3) State homes located in rural or highly rural areas. (e) Definitions In this section: (1) Active military, naval, or air service The term active military, naval, or air service has the meaning given that term in section 101(24) of title 38, United States Code. (2) Eligible veteran The term eligible veteran means a veteran who the Secretary determines would benefit from access to geriatric psychiatry services, including veterans who sustained a traumatic brain injury or posttraumatic stress disorder in line of duty in the active military, naval, or air service. (3) State home The term State home has the meaning given that term in section 101(19) of title 38, United States Code. 5. Support for aging veterans at risk of or experiencing homelessness (a) In general The Secretary of Veterans Affairs shall work with public housing authorities and local organizations to assist aging homeless veterans in accessing existing housing and supportive services, including health services like home-based and community-based services from the Department of Veterans Affairs or from non-Department providers in the community, even if the veteran is not eligible for such services from the Department. (b) Payment for services The Secretary may, and is encouraged to, pay for services for aging homeless veterans described in subsection (a). | https://www.govinfo.gov/content/pkg/BILLS-117s1965is/xml/BILLS-117s1965is.xml |
117-s-1966 | II 117th CONGRESS 1st Session S. 1966 IN THE SENATE OF THE UNITED STATES June 8, 2021 Ms. Smith introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title XXVII of the Public Health Service Act to expand the availability of coverage for lung cancer screenings without the imposition of cost sharing.
1. Short title This Act may be cited as the Katherine’s Lung Cancer Early Detection and Survival Act of 2021 . 2. Findings Congress finds the following: (1) Lung cancer is the number 1 killer of all cancers. (2) Lung cancer causes more deaths than prostate cancer, breast cancer, and colorectal cancer combined. (3) The reason for the extremely low 5-year survival rate in lung cancer patients is the difficulty to find it at early stages (as patients have no symptoms at early stages). (4) For all stages of lung cancer, the overall 5-year survival rate is 19 percent, while such rate is 98 percent for prostate cancer and 90 percent for breast cancer. (5) Early detection of lung cancer through screening could dramatically increase survival rates for patients. 3. Requiring coverage of lung cancer screenings for certain individuals without cost sharing (a) In general Section 2713 of the Public Health Service Act ( 42 U.S.C. 300gg–13 ) is amended— (1) in subsection (a)— (A) in paragraph (2), by striking and at the end; (B) in paragraph (3), by striking the period at the end and inserting a semicolon; (C) in paragraph (4), by striking the period at the end and inserting ; and ; (D) by redesignating paragraph (5) as paragraph (6); and (E) by inserting after paragraph (4) the following new paragraph: (5) lung cancer screenings, with respect to any individual who has a very high risk of lung cancer due to genetic, occupational, or other exposures and who has a referral from a specialist, such as a pulmonary medicine physician, who can explain the benefits and harms of the screening to the individual, including determination of lung cancer risk; and ; and (2) by adding at the end the following: (d) Special rule for certain lung cancer screenings In the case of a lung cancer screening that would be a service described in subsection (a)(1) but for the fact that the individual receiving the screening stopped smoking more than 15 years prior to the date of the screening or is 80 years of age or older as of such date, such screening shall be deemed to be a service described in such subsection. . (b) Effective date The amendments made by subsection (a) shall apply with respect to plan years beginning on or after January 1, 2022. | https://www.govinfo.gov/content/pkg/BILLS-117s1966is/xml/BILLS-117s1966is.xml |
117-s-1967 | II 117th CONGRESS 1st Session S. 1967 IN THE SENATE OF THE UNITED STATES June 8, 2021 Ms. Sinema introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to establish a program to carry out minor military construction projects to construct child development centers and to provide education and treatment services for infant and early childhood mental health, and for other purposes.
1. Short title This Act may be cited as the Childcare Expansion for Military Families Act of 2021 . 2. Temporary program to use minor military construction authority for construction of child development centers (a) Program authorized The Secretary of Defense shall establish a program to carry out minor military construction projects under section 2805 of title 10, United States Code, to construct child development centers. (b) Increased maximum amounts applicable to minor construction projects For the purpose of any military construction project carried out under the program under this section, the amount specified in section 2805(a)(2) of title 10, United States Code, is deemed to be $15,000,000. (c) Notification and approval requirements (1) In general The notification and approval requirements under section 2805(b) of title 10, United States Code, shall remain in effect for construction projects carried out under the program under this section. (2) Procedures The Secretary shall establish procedures for the review and approval of requests from the Secretaries of military departments to carry out construction projects under the program under this section. (d) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the program under this section. (2) Elements The report required by paragraph (1) shall include a list and description of the construction projects carried out under the program under this section, including the location and cost of each project. (e) Expiration of authority The authority to carry out a minor military construction project under the program under this section expires on September 30, 2023. (f) Construction of authority Nothing in this section may be construed to limit any other authority provided by law for a military construction project at a child development center. (g) Definitions In this section: (1) Child development center The term child development center includes a facility, and the utilities to support such facility, the function of which is to support the daily care of children aged six weeks old through 12 years old for full-day, part-day, and hourly service. (2) Congressional defense committees The term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code. 3. Education and Infant and Early Childhood Mental Health Consultation services for Infant and Early Childhood Mental Health (IECMH) (a) Assessment of availability of services The Secretary of Defense shall conduct a comprehensive assessment of the availability of Federal, State, and local early childhood education and infant and early childhood mental health (IECMH) consultation services on and in the vicinity of a covered military installation for identifying and addressing infant and early childhood mental health needs of children of members of the Armed Forces. This assessment shall include the following: (1) The local availability of developmentally appropriate services advancing social and emotional development and infant and early childhood mental health of infants, toddlers, and young children, including certification or endorsement programs for professionals serving as infant early childhood mental health consultants for early education programs and centers. (2) The local availability of adequate diagnostic and non-medical intervention services for infants, toddlers, or young children identified as requiring infant and early childhood mental health treatment. (3) The local availability of supplemental services for infant and early childhood mental health such as Infant and Early Childhood Mental Health (IECMH) consultation by licensed professionals who are also certified or endorsed in IECMH. (4) The ease of access for individuals with identified infant and early childhood mental health needs to adequate, comprehensive educational services, such as the length of time on waiting lists. (b) Review of best practices In preparing the assessment under subsection (a), the Secretary of Defense shall conduct a review of best practices of providing infant and early childhood mental health consultation in the United States in the provision of covered educational services and support services for infant and early childhood mental health, including an assessment of Federal and State early education and mental health services for infant and early childhood mental health in each State, with an emphasis on locations where members of the Armed Forces and their dependent children reside. The Secretary of Defense shall conduct the review in coordination with the Secretary of Education. (c) Demonstration projects (1) Projects authorized The Secretary of Defense may conduct one or more demonstration projects to evaluate improved approaches to the provision of covered educational and infant and early childhood mental health services to children of members of the Armed Forces for the purpose of evaluating and the efficacy of infant and early childhood mental health consultation models to improve social-emotional development outcomes for military children enrolled in child development centers, reducing incidents of behavioral issues and or need for intensive treatment, and early identification of needs requiring non-medical intervention as considered appropriate by the Secretary. (2) Infant and early childhood mental health consultation (A) Consultation (i) In general The Secretary of Defense may authorize the development of a comprehensive professional development curricula for use in training non-medical counselors in infant and early childhood mental health and consultation to serve in child development centers, and to allow for the training of Department of Defense-contracted child and youth behavioral-military family life counselors as infant early childhood mental health consultants. (ii) Competency guidelines The curricula developed under clause (i) shall be based on a set of competency guidelines designed to enhance culturally sensitive, relationship-focused practice within the framework of infant and early childhood mental health recognized by authorizing agencies such as the Alliance for the Advancement of Infant Mental Health for purposes of certification or endorsement as a IECMH practitioner. (B) Personnel The Secretary of Defense may utilize for purposes of the demonstration projects personnel who are professionals with a level (as determined by the Secretary) of post-secondary education that is appropriate for the provision of safe and effective services for infant and early childhood mental health and who are from an accredited educational facility in the mental health, human development, social work field to act as consultation level providers of promotive, preventive, and behavioral non-medical intervention services within child development centers for infant and early childhood mental health. Such personnel may be authorized— (i) to develop and monitor promotion, prevention, and non-medical intervention plans for military children within child development centers who are participating in the demonstration projects; (ii) to provide appropriate training in the provision of approved services to participating children; (iii) to provide non-medical counseling services to children and their primary caregivers outside of the child development center as required; (iv) to coordinate with other established installation and community resources to coordinate and collaborate regarding needed services, such as New Parent Support Program, Behavioral Health, Tricare mental health providers, HealthySteps, and early behavioral intervention services; and (v) to be endorsed, or work toward becoming endorsed, by a recognized infant and early childhood mental health organization such as the Alliance for the Advancement of Infant Mental Health. (3) Evaluations of outcomes The Secretary of Defense may authorize an evaluation of outcomes from any demonstration project to determine the value of infant and early childhood mental health consultation within child development centers. (4) Services under corporate services provider model In carrying out the demonstration projects, the Secretary of Defense may utilize a corporate services provider model. Employees of a provider under such a model shall include personnel who implement special educational and behavioral intervention plans for children of members of the Armed Forces that are developed, reviewed, and maintained by supervisory level providers approved by the Secretary. In authorizing such a model, the Secretary shall establish— (A) minimum education, training, and experience criteria required to be met by employees who provide services to children; (B) requirements for IECMH consultation personnel and supervision, including requirements for infant and early childhood mental health credentials and for the frequency and intensity of supervision; and (C) such other requirements as the Secretary considers appropriate to ensure the safety and protection of children who receive services from such employees under the demonstration projects. (5) Period If the Secretary of Defense determines to conduct demonstration projects under this subsection, the Secretary shall commence such demonstration projects not later than 180 days after the date of the enactment of this Act. The demonstration projects shall be conducted for not less than 2 years. (6) Evaluation The Secretary of Defense shall conduct an evaluation of each demonstration project conducted under this section. The evaluation shall include the following: (A) An assessment of the extent to which the activities under the demonstration project contributed to positive outcomes for children of members of the Armed Forces. (B) An assessment of the extent to which the activities under the demonstration project led to improvements in services and continuity of care for such children. (C) An assessment of the extent to which the activities under the demonstration project improved military family readiness and enhanced military retention. (d) Relationship to other benefits Nothing in this section precludes the eligibility of members of the Armed Forces and their dependents for extended benefits under section 1079 of title 10, United States Code. (e) Reports on demonstration projects Not later than 30 months after the commencement of any demonstration project under subsection (e), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the demonstration project. The report shall include a description of the project, the results of the evaluation under subsection (e)(5) with respect to the project, and a description of plans for the further provision of services for children of members of the Armed Forces under the project. (f) Definitions In this section: (1) Child The term child has the meaning given that term in section 1072 of title 10, United States Code. (2) Covered educational and treatment services The term covered educational and treatment services means provision of quality early childhood education that promotes healthy social and emotional development and provides supports for children experiencing mental health challenges and supportive services that include assessment, coaching for educators and parents, and when warranted, referral to appropriately licensed and specialized infant and early childhood mental health services for diagnosis, therapeutic treatment, and early intervention. (3) Covered military installation The term covered military installation means a military installation at which at least 1,000 members of the Armed Forces are assigned who are eligible for an assignment accompanied by dependents. (4) Infant and Early Childhood Mental Health The term Infant and Early Childhood Mental Health (IECMH) means the developing capacity of the child, birth to age 5, to form close and secure adult and peer relationships, to experience, manage, and express a full range of emotions, and to explore the environment and learn, all in the context of family, community, and culture. (5) Local educational agency The term local educational agency has the meaning given that term in section 8013(9) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7713(9) ), except that the term includes publicly financed schools in communities, Department of Defense domestic dependent elementary and secondary schools, and schools of the defense dependents’ education system. | https://www.govinfo.gov/content/pkg/BILLS-117s1967is/xml/BILLS-117s1967is.xml |
117-s-1968 | II 117th CONGRESS 1st Session S. 1968 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Rubio (for himself, Mr. Wicker , Mr. Scott of Florida , Mr. Cruz , Mrs. Feinstein , and Mr. Padilla ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide bonus depreciation for certain space launch expenditures, and for other purposes.
1. Short title This Act may be cited as the American Space Commerce Act of 2021 . 2. Special allowance for qualified domestic space launch property (a) Allowance of bonus depreciation for qualified domestic space launch property Section 168(k)(2)(A) of the Internal Revenue Code of 1986 is amended in clause (i), by striking or at the end of subclause (III), by striking or at the end of subclause (IV), by adding or at the end of subclause (V), and by adding at the end the following new subclause: (VI) which is qualified domestic space launch property (as defined in paragraph (11)), . (b) Extension of termination of bonus depreciation for qualified domestic space launch property (1) In general Section 168(k)(2)(A)(iii) of the Internal Revenue Code of 1986 is amended by striking before January 1, 2027. and inserting before January 1, 2027 (in the case of qualified domestic space launch property, before January 1, 2033). . (2) Application of applicable percentage Section 168(k)(6) of such Code is amended by adding at the end the following new subparagraph: (D) Rule for qualified domestic space launch property Notwithstanding any other provisions of this paragraph, in the case of any qualified property which is qualified domestic space launch property, the term applicable percentage means, in the case of property placed in service after December 31, 2023, and before January 1, 2033, 100 percent. . (c) Qualified domestic space launch property defined Section 168(k) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (11) Qualified domestic space launch property defined For purposes of this subsection— (A) In general The term qualified domestic space launch property means property placed in service before January 1, 2033, that is— (i) a space transportation vehicle or payload (as such terms are defined in section 50101 of title 51, United States Code) that is launched from the United States, or (ii) other property or equipment placed in service for the purpose of facilitating a space launch from the United States. (B) Special rule for space launches from aircraft A space transportation vehicle or payload that is launched from an aircraft shall be considered to be launched from the United States if, and only if, such space transportation vehicle or payload is— (i) substantially manufactured within the United States, as determined by the Secretary, and (ii) launched from an aircraft on a flight that originated from United States soil. (C) United States The term United States includes the possessions of the United States. . (d) Effective date The amendments made by this section shall apply to property placed in service after December 31, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s1968is/xml/BILLS-117s1968is.xml |
117-s-1969 | II 117th CONGRESS 1st Session S. 1969 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to terminate the credit for new qualified plug-in electric drive motor vehicles.
1. Short title This Act may be cited as the Eliminate Lavish Incentives To Electric Vehicles Act or the ELITE Vehicles Act . 2. Termination and repeal of credit for new qualified plug-in electric drive motor vehicles (a) Termination Section 30D of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination Notwithstanding any of the preceding provisions of this section, this section shall not apply to vehicles placed in service after the date that is 30 days after the date of the enactment of this subsection. . (b) Repeal (1) In general Subpart B of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by striking section 30D (and by striking the item relating to such section in the table of sections for such subpart). (2) Conforming amendments (A) Section 38(b) of the Internal Revenue Code of 1986 is amended by striking paragraph (30). (B) Section 1016(a) of such Code is amended by striking paragraph (37). (C) Section 6501(m) of such Code is amended by striking 30D(e)(4), . (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after the date that is 1 year and 30 days after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1969is/xml/BILLS-117s1969is.xml |
117-s-1970 | II 117th CONGRESS 1st Session S. 1970 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Padilla (for himself, Mrs. Gillibrand , Mr. Van Hollen , Ms. Warren , Mr. Merkley , Mr. Booker , Mrs. Feinstein , Mr. Markey , Mr. Schumer , Ms. Stabenow , Mr. Sanders , Mr. Durbin , Mrs. Shaheen , Mr. Peters , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to conduct testing for and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at or surrounding installations of the Department of Defense located in the United States, formerly used defense sites, and State-owned facilities of the National Guard, and for other purposes.
1. Short title This Act may be cited as the Clean Water For Military Families Act . 2. Testing for and remediation of perfluoroalkyl substances and polyfluoroalkyl substances by Department of Defense (a) In general The Secretary of Defense shall— (1) conduct investigations into releases of PFAS, including testing for the presence of PFAS in groundwater, surface and drinking water, soil, and soil vapor, at or surrounding installations of the Department of Defense located in the United States, formerly used defense sites, and State-owned facilities of the National Guard; and (2) conduct response actions relating to PFAS contamination at or surrounding installations of the Department located in the United States, formerly used defense sites, or State-owned facilities of the National Guard if— (A) any detection of PFAS exceeds the standards under subsection (b); or (B) the Secretary finds remediation of PFAS to be appropriate to protect human health or the environment. (b) Standards for response actions with respect to PFAS contamination In conducting response actions under subsection (a)(2) with respect to PFAS contamination, the Secretary shall conduct such actions to achieve a level of PFAS in the environmental media that meets or provides more protection than the most stringent of the following standards for PFAS in any environmental media: (1) A State standard as described in clause (ii) of section 121(d)(2)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9621(d)(2)(A) ). (2) A Federal standard as described in clause (i) of such section. (3) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b)(1)(F) ). (c) Authorization of appropriations There is authorized to be appropriated for fiscal year 2022 to the Department of Defense $10,000,000,000, to remain available until expended, to carry out this section. (d) Savings clause Except with respect to the specific level required to be met under subsection (b), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ). (e) Definitions In this section: (1) Formerly used defense site The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (2) PFAS The term PFAS means a perfluoroalkyl substance or polyfluoroalkyl substance with at least one fully fluorinated carbon atom. (3) Response action The term response action means an action taken pursuant to section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act ( 42 U.S.C. 9604 ). | https://www.govinfo.gov/content/pkg/BILLS-117s1970is/xml/BILLS-117s1970is.xml |
117-s-1971 | II 117th CONGRESS 1st Session S. 1971 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Cardin (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the understanding of, and promote access to treatment for, chronic kidney disease, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Chronic Kidney Disease Improvement in Research and Treatment Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. TITLE I—Increasing awareness, expanding preventive services, and improving care coordination Sec. 101. Expanding Medicare annual wellness benefit to include kidney disease screening. Sec. 102. Increasing access to Medicare kidney disease education benefit. Sec. 103. Improving patient lives and quality of care through research and innovation. Sec. 104. Understanding the progression of kidney disease and treatment of kidney failure in minority populations. TITLE II—Creating an economically stable dialysis infrastructure and incentivizing innovation Sec. 201. Refining the end-stage renal disease payment system to improve accuracy in payment and support therapies. TITLE III—Increasing patient access to quality performance by improving the accuracy and transparency of end-stage renal disease quality programs Sec. 301. Improving patient decision making and transparency by consolidating and modernizing quality programs. TITLE IV—Empowering patients Sec. 401. Medigap coverage for beneficiaries with end-stage renal disease. Sec. 402. Network adequacy requirements for dialysis services. I Increasing awareness, expanding preventive services, and improving care coordination 101. Expanding Medicare annual wellness benefit to include kidney disease screening (a) In general Section 1861(ww)(2) of the Social Security Act ( 42 U.S.C. 1395x(ww)(2) ) is amended— (1) by redesignating subparagraph (O) as subparagraph (P); and (2) by inserting after subparagraph (N) the following new subparagraph: (O) Chronic kidney disease screening as defined by the Secretary. . (b) Effective date The amendments made by this section apply to items and services furnished on or after January 1, 2022. 102. Increasing access to Medicare kidney disease education benefit (a) In general Section 1861(ggg) of the Social Security Act ( 42 U.S.C. 1395x(ggg) ) is amended— (1) in paragraph (1)— (A) in subparagraph (A), by inserting or stage V after stage IV ; and (B) in subparagraph (B), by inserting or of a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in section 1861(aa)(5)) assisting in the treatment of the individual's kidney condition after kidney condition ; and (2) in paragraph (2)— (A) by striking subparagraph (B); and (B) in subparagraph (A)— (i) by striking (A) after (2) ; (ii) by striking and at the end of clause (i); (iii) by striking the period at the end of clause (ii) and inserting ; and ; (iv) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively; and (v) by adding at the end the following: (C) a renal dialysis facility subject to the requirements of section 1881(b)(1) with personnel who— (i) provide the services described in paragraph (1); and (ii) is a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as defined in subsection (aa)(5)). . (b) Payment to renal dialysis facilities Section 1881(b) of the Social Security Act ( 42 U.S.C. 1395rr(b) ) is amended by adding at the end the following new paragraph: (15) For purposes of paragraph (14), the single payment for renal dialysis services under such paragraph shall not take into account the amount of payment for kidney disease education services (as defined in section 1861(ggg)). Instead, payment for such services shall be made to the renal dialysis facility on an assignment-related basis under section 1848. . (c) Effective date The amendments made by this section apply to kidney disease education services furnished on or after January 1, 2022. 103. Improving patient lives and quality of care through research and innovation (a) Study The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct a study on increasing kidney transplantation rates. Such study shall include an analysis of each of the following: (1) Any disincentives in the payment systems under the Medicare program under title XVIII of the Social Security Act that create barriers to kidney transplants and post-transplant care for beneficiaries with end-stage renal disease. (2) The practices used by States with higher than average donation rates and whether those practices and policies could be successfully utilized in other States. (3) Practices and policies that could increase deceased donation rates of minority populations. (4) Whether cultural and policy barriers exist to increasing living donation rates, including an examination of how to better facilitate chained donations. (5) Other areas determined appropriate by the Secretary. (b) Report Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations as the Secretary determines to be appropriate. 104. Understanding the progression of kidney disease and treatment of kidney failure in minority populations (a) Study The Secretary of Health and Human Services (in this section referred to as the Secretary ) shall conduct a study on— (1) the social, behavioral, and biological factors leading to kidney disease; (2) efforts to slow the progression of kidney disease in minority populations that are disproportionately affected by such disease; and (3) treatment patterns associated with providing care, under the Medicare program under title XVIII of the Social Security Act, the Medicaid program under title XIX of such Act, and through private health insurance, to minority populations that are disproportionately affected by kidney failure. (b) Report Not later than 1 year after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the study conducted under subsection (a), together with such recommendations as the Secretary determines to be appropriate. II Creating an economically stable dialysis infrastructure and incentivizing innovation 201. Refining the end-stage renal disease payment system to improve accuracy in payment and support therapies (a) In general Section 1881(b)(14) of the Social Security Act ( 42 U.S.C. 1395rr(b)(14) ) is amended— (1) in subparagraph (D), in the matter preceding clause (i), by striking Such system and inserting Subject to subparagraph (J), such system ; and (2) by adding at the end the following new subparagraph: (J) For payment for renal dialysis services furnished on or after January 1, 2024, under the system under this paragraph— (i) the payment adjustment described in clause (i) of subparagraph (D)— (I) shall not take into account comorbidities; and (II) shall take into account age for purposes of distinguishing between individuals who are under 18 years of age and those who are 18 years of age and older but shall not include any other adjustment for age for patients 18 years of age and older; (ii) the Secretary shall reassess any adjustments related to patient weight under such clause; (iii) the payment adjustment described in clause (ii) of such subparagraph shall not be included; and (iv) take into account reasonable costs for determining the payment rate consistent with paragraph (2)(B). . (b) Inclusion of network fee as an allowable cost Section 1881(b)(14) of the Social Security Act ( 42 U.S.C. 1395rr(b)(14) ), as amended by subsection (a), is amended by adding at the end the following new subparagraph: (K) Not later than January 1, 2022, the Secretary shall amend the ESRD facility cost report to include the per treatment network fee (as described in paragraph (7)) as an allowable cost or offset to revenue. . (c) Determination of productivity adjustment Section 1886(b)(3)(B)(xi) of the Social Security Act ( 42 U.S.C. 1395ww(b)(3)(B)(xi) ) is amended— (1) in subclause (I), by striking For 2012 and inserting Subject to subclause (IV), for 2012 ; and (2) by adding at the end, the following new subclause: (IV) For each of 2022 through 2025, the productivity adjustment described in subclause (II) shall be zero for a payment system in any year in which the Medicare Payment Advisory Commission estimates that payments under this title pursuant to such payment system, on an aggregate national basis, exceed costs, on an aggregate national basis, by 3.0 percent or less. . (d) Payment for new and innovative drugs and biologicals that are renal dialysis services Section 1881(b)(14) of the Social Security Act ( 42 U.S.C. 1395ww(b)(14) ), as amended by subsections (a) and (b), is amended by adding the following new subparagraph— (L) Payment for new and innovative drugs, biologicals, and devices that are renal dialysis services (i) In general For drugs or biologicals determined to be within a functional category, the Secretary, in consultation with stakeholders, shall ensure that the single payment amount is adequate to cover the cost of new innovative drugs or biologicals and increase the single payment amount if the Secretary determines such payment amount is not adequate to cover such cost. In carrying out the preceding sentence, the Secretary shall use the cost and utilization data collected during the three-year transitional payment period, as otherwise described in the final regulation published on November 14, 2018 (83 Fed. Reg. 56922 et seq.). (ii) Money to follow the patient The Secretary, through notice and comment rulemaking, shall implement a policy for any drug or biological that is not provided to the average patient that results in the amount by which the single payment amount is increased pursuant to this subparagraph shall be paid only when a provider or renal dialysis facility has demonstrated that it has administered the drug or biological to a patient. . (e) New devices and other technologies As part of the promulgation of the annual rule for the Medicare end-stage renal disease prospective payment system under section 1881(b)(14) of the Social Security Act ( 42 U.S.C. 1395rr(b)(14) ) for calendar year 2022, and in consultation with stakeholders, the Secretary shall ensure that the single payment amount is adequate to cover the cost of the new innovative device or other technology with substantial clinical improvement and increase the single payment amount if the Secretary determines such payment amount is not adequate to cover such cost. In carrying out the preceding sentence, the Secretary shall use the cost and utilization data collected during a three-year transitional payment period, as otherwise described in the final regulation published on November 9, 2020 (85 Fed. Reg. 71398 et seq.). III Increasing patient access to quality performance by improving the accuracy and transparency of end-stage renal disease quality programs 301. Improving patient decision making and transparency by consolidating and modernizing quality programs (a) Measures Section 1881(h)(2) of the Social Security Act ( 42 U.S.C. 1395rr(h)(2) ) is amended— (1) by striking subparagraph (A) and inserting the following: (A) The measures specified under this paragraph with respect to the year involved shall be selected by the Secretary in consultation with stakeholders to promote improvement in beneficiary outcomes and shared decision-making with beneficiaries and their caregivers. When selecting measures specified under this paragraph, the Secretary shall take into account clinical gaps in care, underutilization that may lead to beneficiary harm, patient safety, and outcomes. ; (2) in subparagraph (B)(i), by striking subparagraph (A)(iv) and inserting subparagraph (A) ; (3) by striking subparagraph (E); and (4) by adding at the end the following new subparagraphs: (E) Weighting limitation No single measure specified by the Secretary or individual measure within a composite measure so specified may be weighted less than 10 percent of the total performance score. (F) Statistically valid and reliable In specifying measures under subparagraph (A), the Secretary shall only specify measures that have been shown to be statistically valid and reliable through testing. . (b) Endorsement Section 1881(h)(2)(B) of the Social Security Act ( 42 U.S.C. 1395rr(h)(2)(B) ) is amended— (1) in clause (ii), by adding at the end the following new sentence: The exception under the preceding sentence shall not apply to a measure that the entity with a contract under section 1890(a) (or a similar entity) considered but failed to endorse. ; and (2) by adding at the end the following new clause: (iii) Composite measures Clauses (i) and (ii) shall apply to composite measures in the same manner as such clauses apply to individual measures. . (c) Requirements for dialysis facility compare star rating program Section 1881(h)(6) of the Social Security Act ( 42 U.S.C. 1395rr(h)(6) ) is amended by adding at the end the following new subparagraph: (E) Requirements for any dialysis facility compare star rating program To the extent that the Secretary maintains a dialysis facility compare star rating program, under such a program the Secretary— (i) shall assign stars using the same methodology and total performance score results from the quality incentive program under this subsection; (ii) shall determine the stars using the same methodology used under such quality incentive program; and (iii) shall not use a forced bell curve when determining the stars or rebaselining the stars. . (d) Incentive payments Section 1881(h)(1) of the Social Security Act ( 42 U.S.C. 1395rr(h)(1) ) is amended by adding at the end the following new subparagraph: (D) Incentive payments (i) In general In the case of a provider of services or a renal dialysis facility that the Secretary determines exceeds the attainment performance standards under paragraph (4) with respect to a year, the Secretary may make a bonus payment to the provider or facility (pursuant to a process established by the Secretary). (ii) Funding The total amount of bonus payments under clause (i) in a year shall be equal to the total amount of reduced payments in a year under subparagraph (A). (iii) No effect in subsequent years The provisions of subparagraph (C) shall apply to a bonus payment under this subparagraph in the same manner subparagraph (C) applies to a reduction under such subparagraph. . (e) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2022. IV Empowering patients 401. Medigap coverage for beneficiaries with end-stage renal disease (a) Guaranteed availability of Medigap policies to all ESRD Medicare beneficiaries (1) In general Section 1882(s) of the Social Security Act ( 42 U.S.C. 1395ss(s) ) is amended— (A) in paragraph (2)— (i) in subparagraph (A), by striking is 65 and all that follows through the period and inserting the following: “is— (i) 65 years of age or older and is enrolled for benefits under part B; or (ii) entitled to benefits under 226A(b) and is enrolled for benefits under part B. ; and (ii) in subparagraph (D), in the matter preceding clause (i), by inserting (or is entitled to benefits under 226A(b)) after is 65 years of age or older ; and (B) in paragraph (3)(B)— (i) in clause (ii), by inserting (or is entitled to benefits under 226A(b)) after is 65 years of age or older ; and (ii) in clause (vi), by inserting (or under 226A(b)) after at age 65 . (2) Effective date The amendments made by paragraph (1) shall apply to Medicare supplemental policies effective on or after January 1, 2022. (b) Additional enrollment period for certain individuals (1) One-time enrollment period (A) In general In the case of an individual described in subparagraph (B), the Secretary of Health and Human Services shall establish a one-time enrollment period during which such an individual may enroll in any Medicare supplemental policy under section 1882 of the Social Security Act ( 42 U.S.C. 1395ss ) of the individual's choosing. (B) Enrollment period The enrollment period established under subparagraph (A) shall begin on January 1, 2023, and shall end June 30, 2023. (2) Individual described An individual described in this paragraph is an individual who— (A) is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act under section 226A(b) of such Act ( 42 U.S.C. 426–1 ); (B) is enrolled for benefits under part B of such title XVIII; and (C) would not, but for the provisions of, and amendments made by, subsection (a) be eligible for the guaranteed issue of a Medicare supplemental policy under paragraph (2) or (3) of section 1882(s) of such Act ( 42 U.S.C. 1395ss(s) ). 402. Network adequacy standards for dialysis services Section 1852(d) of the Social Security Act ( 42 U.S.C. 1395w–22(d) ) is amended by adding at the end the following new paragraph: (7) Network adequacy requirements for dialysis services For plan year 2022 and subsequent plan years, the Secretary shall apply the network adequacy standards under this subsection with respect to access to dialysis services— (A) using the time and distance standards in effect for plan year 2020; and (B) without regard to the final rule titled Medicare Program; Contract Year 2021 Policy and Technical Changes to the Medicare Advantage Program, Medicare Prescription Drug Benefit Program, and Medicare Cost Plan Program (85 Fed. Reg. 33796). . | https://www.govinfo.gov/content/pkg/BILLS-117s1971is/xml/BILLS-117s1971is.xml |
117-s-1972 | II 117th CONGRESS 1st Session S. 1972 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Kelly (for himself, Ms. Murkowski , Ms. Warren , Mr. Portman , and Mr. Tester ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to improve dependent coverage under the TRICARE Young Adult Program, and for other purposes.
1. Short title This Act may be cited as the Health Care Fairness for Military Families Act of 2021 . 2. Improvements to dependent coverage under TRICARE Young Adult Program (a) Expansion of eligibility Subsection (b) of section 1110b of title 10, United States Code, is amended— (1) by striking paragraph (3); and (2) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4), respectively. (b) Elimination of separate premium for a young adult Such section is further amended by striking subsection (c). (c) Conforming amendment Section 1075(c)(3) of title 10, United States Code, is amended by striking section 1076d, 1076e, or 1110b and inserting section 1076d or 1076e . | https://www.govinfo.gov/content/pkg/BILLS-117s1972is/xml/BILLS-117s1972is.xml |
117-s-1973 | II 117th CONGRESS 1st Session S. 1973 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mrs. Gillibrand (for herself, Mr. Padilla , Mr. Durbin , Ms. Warren , Mr. Markey , Mrs. Feinstein , Mr. Schumer , Mr. Booker , Mrs. Shaheen , Ms. Stabenow , Mr. Van Hollen , Ms. Hassan , and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To require the Secretary of Defense to conduct testing, removal, and remediation of perfluoroalkyl substances and polyfluoroalkyl substances at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States.
1. Short title This Act may be cited as the Filthy Fifty Act . 2. Testing, removal, and remediation by Department of Defense of perfluoroalkyl substances and polyfluoroalkyl substances (a) Testing Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall complete testing for PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States. (b) Removal Not later than 60 days following the detection of PFAS at a military installation, formerly used defense site, or State-owned facility of the National Guard in the United States, the Secretary shall take removal actions to ensure that all individuals served by a drinking water source contaminated by PFAS from the installation, site, or facility have access to drinking water that meets the applicable standard under subsection (d), regardless of whether the Secretary is the drinking water purveyor. (c) Remediation Not later than ten years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of PFAS at all military installations, formerly used defense sites, and State-owned facilities of the National Guard in the United States. (d) Standards for removal or remedial actions with respect to PFAS contamination In conducting removal or remedial actions under this section, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFAS in any environmental media: (1) An enforceable State standard, in effect in that State, for drinking, surface, or ground water, or soil. (2) An enforceable Federal standard for drinking, surface, or ground water, or soil. (3) A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act ( 42 U.S.C. 300g–1(b)(1)(F) ). (e) Definitions In this section: (1) Formerly used defense site The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code. (2) Perfluoroalkyl substance The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (3) PFAS The term PFAS means a perfluoroalkyl substance or a polyfluoroalkyl substance. (4) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. (5) Military installation The term military installation has the meaning given that term in section 2801(c)(4) of title 10, United States Code. 3. Status of remediation of perfluoroalkyl substances and polyfluoroalkyl substances at certain priority locations (a) Report Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report identifying the status of efforts to remediate perfluoroalkyl substances and polyfluoroalkyl substances at the following sites: (1) England Air Force Base, Louisiana. (2) Naval Air Weapons Station China Lake, California. (3) Patrick Air Force Base, Florida. (4) Myrtle Beach Air Force Base, South Carolina. (5) Langley Air Force Base, Virginia. (6) Naval Air Station Jacksonville, Florida. (7) Niagara Falls Air Reserve Station, New York. (8) Grand Prairie Armed Forces Reserve Complex, Texas. (9) Altus Air Force Base, Oklahoma. (10) Charleston Air Force Base, South Carolina. (11) Barksdale Air Force Base, Louisiana. (12) Plattsburgh Air Force Base, New York. (13) Tyndall Air Force Base, Florida. (14) Sheppard Air Force Base, Texas. (15) Columbus Air Force Base, Mississippi. (16) Chanute Air Force Base, Illinois. (17) Marine Corps Air Station Tustin, California. (18) Travis Air Force Base, California. (19) Ellsworth Air Force Base, South Dakota. (20) Minot Air Force Base, North Dakota. (21) Westover Air Reserve Base, Massachusetts. (22) Eaker Air Force Base, Arkansas. (23) Naval Air Station Alameda, California. (24) Eielson Air Force Base, Alaska. (25) Horsham Air Guard Station, Pennsylvania. (26) Vance Air Force Base, Oklahoma. (27) Dover Air Force Base, Delaware. (28) Edwards Air Force Base, California. (29) Robins Air Force Base, Georgia. (30) Joint Base McGuire-Dix-Lakehurst, New Jersey. (31) Galena Air Force Base, Alaska. (32) Naval Research Laboratory Chesapeake Bay Detachment, Maryland. (33) Buckley Air Force Base, Colorado. (34) Arnold Air Force Base, Tennessee. (35) Tinker Air Force Base, Oklahoma. (36) Fairchild Air Force Base, Washington. (37) Vandenberg Air Force Base, California. (38) Hancock Field Air National Guard Base, New York. (39) F.E. Warren Air Force Base, Wyoming. (40) Nevada Air National Guard Base - Reno, Nevada. (41) K.I. Sawyer Air Force Base, Michigan. (42) Pease Air Force Base, New Hampshire. (43) Whiteman Air Force Base, Missouri. (44) Wurtsmith Air Force Base, Michigan. (45) Shepherd Field Air National Guard Base, West Virginia. (46) Naval Air Station Whidbey Island - Ault Field, Washington. (47) Rosecrans Air National Guard Base, Missouri. (48) Joint Base Andrews, Maryland. (49) Iowa Air National Guard Base - Des Moines, Iowa. (50) Stewart Air National Guard Base, New York. (b) Completion of construction Not later than five years after the date of the enactment of this Act, the Secretary shall complete all physical construction required for the remediation of perfluoroalkyl substances and polyfluoroalkyl substances at the sites specified in subsection (a). (c) Definitions In this section: (1) Perfluoroalkyl substance The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms. (2) Polyfluoroalkyl substance The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms. | https://www.govinfo.gov/content/pkg/BILLS-117s1973is/xml/BILLS-117s1973is.xml |
117-s-1974 | II 117th CONGRESS 1st Session S. 1974 IN THE SENATE OF THE UNITED STATES June 8, 2021 Ms. Hassan (for herself and Mr. Cassidy ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend the Public Health Service Act with respect to the Strategic National Stockpile, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Strengthening America’s Strategic National Stockpile Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Equipment maintenance. Sec. 3. Supply chain flexibility manufacturing pilot. Sec. 4. GAO study on the feasibility and benefits of a user fee agreement. Sec. 5. Grants for State strategic stockpiles. Sec. 6. Action reporting. Sec. 7. Improved, transparent processes. Sec. 8. Authorization of appropriations. 2. Equipment maintenance Section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) is amended— (1) in subsection (a)(3)— (A) in subparagraph (I), by striking ; and and inserting a semicolon; (B) in subparagraph (J), by striking the period at the end and inserting a semicolon; and (C) by inserting the following new subparagraph at the end: (K) ensure contents of the stockpile remain in good working order and, as appropriate, conduct maintenance services on contents of the stockpile and dispose of contents that are no longer in working order; and ; and (2) in subsection (c)(7)(B), by adding at the end the following new clause: (ix) Equipment maintenance service In carrying out this section, the Secretary may enter into contracts for the procurement of equipment maintenance services. . 3. Supply chain flexibility manufacturing pilot (a) In general Section 319F–2(a)(3) of the Public Health Service Act (42 U.S.C. 247d–6b(a)(3)), as amended by section 2, is further amended by adding at the end the following new subparagraph: (L) enhance medical supply chain elasticity and establish and maintain domestic reserves of critical medical supplies (including such personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, and other medical devices (including diagnostic tests) as the Secretary, in consultation with the Public Health Emergency Medical Countermeasures Enterprise, determines appropriate) by— (i) increasing or contracting emergency stock of critical medical supplies, as appropriate; (ii) geographically diversifying domestic production of such medical supplies, as appropriate; (iii) entering into cooperative agreements or partnerships with respect to manufacturing lines, facilities, and equipment for the domestic production of such medical supplies; and (iv) managing, either directly or through cooperative agreements with manufacturers and distributors, domestic reserves established under this subparagraph by refreshing and replenishing stock of such medical supplies. . (b) Reporting; sunset 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) Reporting Not later than September 30, 2023, the Secretary shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on the details of each cooperative agreement or partnership entered into under paragraph (3)(L), including the amount expended by the Secretary on each such cooperative agreement or partnership. (7) Sunset The authority to enter into cooperative agreements or partnerships pursuant to paragraph (3)(L) shall cease to be effective on September 30, 2024. . (c) Funding Section 319F–2(f) of the Public Health Service Act (42 U.S.C. 247d–6b(f)) is amended by adding at the end the following: (3) Supply chain elasticity (A) In general For the purpose of carrying out subsection (a)(3)(L), there is authorized to be appropriated $500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. (B) Relation to other amounts The amount authorized to be appropriated by subparagraph (A) for the purpose of carrying out subsection (a)(3)(L) is in addition to any other amounts available for such purpose. . 4. GAO study on the feasibility and benefits of a user fee agreement (a) In general The Comptroller General of the United States shall conduct a study to investigate the feasibility of establishing user fees to offset certain Federal costs attributable to the procurement of single-source materials for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) and distributions of such materials from the Stockpile. In conducting this study, the Comptroller General shall consider, to the extent information is available— (1) whether entities receiving such distributions generate profits from those distributions; (2) any Federal costs attributable to such distributions; (3) whether such user fees would provide the Secretary with funding to potentially offset procurement costs of such materials for the Strategic National Stockpile, including an analysis of an overall estimate of such annual procurement costs; (4) whether funding certainty through regular appropriations would facilitate more appropriate long term investments and contracts related to the Strategic National Stockpile; and (5) any other issues the Comptroller General identifies as relevant. (b) Report Not later than February 1, 2024, the Comptroller General of the United States shall submit to Congress a report on the findings and conclusions of the study under subsection (a). 5. Grants for State strategic stockpiles Title III of the Public Health Service Act is amended by inserting after section 319F–4 of such Act ( 42 U.S.C. 247d–6e ) the following new section: 319F–5. Grants for State strategic stockpiles (a) In general The Secretary may establish a pilot program consisting of awarding grants to States to expand or maintain a strategic stockpile of commercially available drugs, devices, personal protective equipment, and other products determined by the State to be essential in the event of a public health emergency. (b) Allowable use of funds (1) Uses A State receiving a grant under this section may use the grant funds to— (A) acquire commercially available products listed pursuant to paragraph (2) for inclusion in the State’s strategic stockpile; (B) store, maintain, and distribute products in such stockpile; and (C) conduct planning in connection with such activities. (2) List The Secretary shall develop and publish a list of the products that are eligible, as described in subsection (a), for inclusion in a State’s strategic stockpile using funds received under this section. (3) Consultation In developing the list under paragraph (2) and otherwise determining the allowable uses of grant funds under this section, the Secretary shall consult with States and relevant stakeholders, including public health organizations. (c) Funding requirement The Secretary may not obligate or expend any funds to award grants or fund any previously awarded grants under this section for a fiscal year unless the total amount made available to carry out section 319F–2 for such fiscal year is equal to or greater than the total amount of funds made available to carry out section 319F–2 for fiscal year 2021. (d) Matching funds (1) In general With respect to the costs of expanding and maintaining a strategic stockpile through a grant under this section, as a condition on receipt of the grant, a State shall make available (directly) non-Federal contributions in cash toward such costs in an amount that is equal to not less than the amount of Federal funds provided through the grant. (2) Waiver The Secretary may waive the requirement of paragraph (1) with respect to a State for the first 2 years of the State receiving a grant under this section if the Secretary determines that such waiver is needed for the State to establish a strategic stockpile described in subsection (a). (e) Technical assistance The Secretary shall provide technical assistance to States in establishing, expanding, and maintaining a stockpile described in subsection (a). (f) Annual reports Each State receiving a grant under this section shall submit to the Secretary an annual report on the contents of its State stockpile, including any expansions or contractions in such contents over the past year. (g) Definition In this section, the term drug has the meaning given to that term in section 201 of the Federal Food, Drug, and Cosmetic Act. (h) Authorization of appropriations To carry out this section, there is authorized to be appropriated $3,500,000,000 for each of fiscal years 2022 through 2024, to remain available until expended. (i) Sunset The authority vested by this section terminates at the end of fiscal year 2024. . 6. Action reporting (a) In general The Secretary of Health and Human Services or the Assistant Secretary for Preparedness and Response, in consultation with the Administrator of the Federal Emergency Management Agency, shall— (1) not later than 30 days after the date of enactment of this Act, issue a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding all State, local, Tribal, and territorial requests for supplies from the Strategic National Stockpile related to COVID–19; and (2) not less than every 30 days thereafter through the end of the emergency period (as such term is defined in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) )), submit to such committees an updated version of such report. (b) Reporting period (1) Initial report The initial report under subsection (a) shall address all requests described in such subsection made during the period— (A) beginning on January 31, 2020; and (B) ending on the date that is 30 days before the date of submission of the report. (2) Updates Each update to the report under subsection (a) shall address all requests described in such subsection made during the period— (A) beginning at the end of the previous reporting period under this section; and (B) ending on the date that is 30 days before the date of submission of the updated report. (c) Contents of report The report under subsection (a) (and updates thereto) shall include— (1) the details of each request described in such subsection, including— (A) the specific medical countermeasures, devices, personal protective equipment, and other materials requested; and (B) the amount of such materials requested; and (2) the outcomes of each request described in subsection (a), including— (A) whether the request was wholly fulfilled, partially fulfilled, or denied; (B) if the request was wholly or partially fulfilled, the fulfillment amount; and (C) if the request was partially fulfilled or denied, a rationale and public health assessment for such outcome. 7. Improved, transparent processes (a) In general Not later than January 1, 2022, the Secretary of Health and Human Services shall develop and implement improved, transparent processes for the use and distribution of drugs, vaccines and other biological products, medical devices, and other supplies (including personal protective equipment, ancillary medical supplies, and other applicable supplies required for the administration of drugs, vaccines and other biological products, medical devices, and diagnostic tests) in the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) (in this section referred to as the Stockpile ). (b) Processes The processes developed under subsection (a) shall include— (1) the form and manner in which States, localities, Indian Tribes, and territories are required to submit requests for supplies from the Stockpile; (2) the criteria used by the Secretary of Health and Human Services in responding to such requests, including the reasons for fulfilling or denying such requests; (3) what circumstances result in prioritization of distribution of supplies from the Stockpile to States, localities, Indian Tribes, or territories; (4) clear plans for future, urgent communication between the Secretary and States, localities, Indian Tribes, and territories regarding the outcome of such requests; and (5) any differences in the processes developed under subsection (a) for geographically related emergencies, such as weather events, and national emergencies, such as pandemics. (c) Classification The processes developed under subsection (a) shall be unclassified to the greatest extent possible consistent with national security. The Secretary of Health and Human Services may classify portions of such processes as necessary to protect national security. (d) Report to Congress Not later than January 1, 2022, the Secretary of Health and Human Services shall— (1) submit a report to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce of the House of Representatives regarding the improved, transparent processes developed under this section; (2) include in such report recommendations for opportunities for communication (by telebriefing, phone calls, or in-person meetings) between the Secretary and States, localities, Indian Tribes, and territories regarding such improved, transparent processes; and (3) submit such report in unclassified form to the greatest extent possible, except that the Secretary may include a classified appendix if necessary to protect national security. 8. Authorization of appropriations Section 319F–2(f)(1) of the Public Health Service Act (42 U.S.C. 247d–6b(f)(1)) is amended by striking $610,000,000 for each of fiscal years 2019 through 2023 and inserting $705,000,000 for each of fiscal years 2022 through 2024 . | https://www.govinfo.gov/content/pkg/BILLS-117s1974is/xml/BILLS-117s1974is.xml |
117-s-1975 | II 117th CONGRESS 1st Session S. 1975 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Blumenthal (for himself, Ms. Baldwin , Mrs. Shaheen , Mr. Markey , Mr. King , Ms. Warren , Mr. Brown , Ms. Cortez Masto , Mr. Reed , Mr. Schumer , Ms. Smith , Mr. Schatz , Mrs. Murray , Mr. Menendez , Ms. Hassan , Mr. Wyden , Ms. Klobuchar , Mr. Merkley , Mr. Booker , Ms. Stabenow , Ms. Sinema , Mr. Cardin , Mr. Murphy , Mr. Whitehouse , Mrs. Feinstein , Ms. Hirono , Mrs. Gillibrand , Ms. Duckworth , Ms. Cantwell , Ms. Rosen , Mr. Van Hollen , Mr. Sanders , Mr. Carper , Mr. Bennet , Mr. Warner , Mr. Padilla , Mr. Coons , Mr. Durbin , Mr. Kaine , Mr. Heinrich , Mr. Leahy , Mr. Tester , Mr. Hickenlooper , Mr. Peters , Mr. Luján , Mr. Kelly , Mr. Ossoff , and Mr. Warnock ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services.
1. Short title This Act may be cited as the Women’s Health Protection Act of 2021 . 2. Findings and purpose (a) Findings Congress finds the following: (1) Abortion services are essential health care and access to those services is central to people’s ability to participate equally in the economic and social life of the United States. Abortion access allows people who are pregnant to make their own decisions about their pregnancies, their families, and their lives. (2) Since 1973, the Supreme Court repeatedly has recognized the constitutional right to terminate a pregnancy before fetal viability, and to terminate a pregnancy after fetal viability where it is necessary, in the good-faith medical judgment of the treating health care professional, for the preservation of the life or health of the person who is pregnant. (3) Nonetheless, access to abortion services has been obstructed across the United States in various ways, including blockades of health care facilities and associated violence, prohibitions of, and restrictions on, insurance coverage; parental involvement laws (notification and consent); restrictions that shame and stigmatize people seeking abortion services; and medically unnecessary regulations that neither confer any health benefit nor further the safety of abortion services, but which harm people by delaying, complicating access to, and reducing the availability of, abortion services. (4) Reproductive Justice requires every individual to have the right to make their own decisions about having children regardless of their circumstances and without interference and discrimination. Reproductive Justice is a human right that can and will be achieved when all people, regardless of actual or perceived race, color, national origin, immigration status, sex (including gender identity, sex stereotyping, or sexual orientation), age, or disability status have the economic, social, and political power and resources to define and make decisions about their bodies, health, sexuality, families, and communities in all areas of their lives, with dignity and self-determination. (5) Reproductive Justice seeks to address restrictions on reproductive health, including abortion, that perpetuate systems of oppression, lack of bodily autonomy, white supremacy, and anti-Black racism. This violent legacy has manifested in policies including enslavement, rape, and experimentation on Black women; forced sterilizations; medical experimentation on low-income women’s reproductive systems; and the forcible removal of Indigenous children. Access to equitable reproductive health care, including abortion services, has always been deficient in the United States for Black, Indigenous, and other People of Color (BIPOC) and their families. (6) The legacy of restrictions on reproductive health, rights, and justice is not a dated vestige of a dark history. Presently, the harms of abortion-specific restrictions fall especially heavily on people with low incomes, BIPOC, immigrants, young people, people with disabilities, and those living in rural and other medically underserved areas. Abortion-specific restrictions are even more compounded by the ongoing criminalization of people who are pregnant, including those who are incarcerated, living with HIV, or with substance-use disorders. These communities already experience health disparities due to social, political, and environmental inequities, and restrictions on abortion services exacerbate these harms. Removing medically unjustified restrictions on abortion services would constitute one important step on the path toward realizing Reproductive Justice by ensuring that the full range of reproductive health care is accessible to all who need it. (7) Abortion-specific restrictions are a tool of gender oppression, as they target health care services that are used primarily by women. These paternalistic restrictions rely on and reinforce harmful stereotypes about gender roles, women’s decision-making, and women’s need for protection instead of support, undermining their ability to control their own lives and well-being. These restrictions harm the basic autonomy, dignity, and equality of women, and their ability to participate in the social and economic life of the Nation. (8) The terms “woman” and “women” are used in this bill to reflect the identity of the majority of people targeted and affected by restrictions on abortion services, and to address squarely the targeted restrictions on abortion, which are rooted in misogyny. However, access to abortion services is critical to the health of every person capable of becoming pregnant. This Act is intended to protect all people with the capacity for pregnancy—cisgender women, transgender men, non-binary individuals, those who identify with a different gender, and others—who are unjustly harmed by restrictions on abortion services. (9) Since 2011, States and local governments have passed nearly 500 restrictions singling out health care providers who offer abortion services, interfering with their ability to provide those services and the patients’ ability to obtain those services. (10) Many State and local governments have imposed restrictions on the provision of abortion services that are neither evidence-based nor generally applicable to the medical profession or to other medically comparable outpatient gynecological procedures, such as endometrial ablations, dilation and curettage for reasons other than abortion, hysteroscopies, loop electrosurgical excision procedures, or other analogous non-gynecological procedures performed in similar outpatient settings including vasectomy, sigmoidoscopy, and colonoscopy. (11) Abortion is essential health care and one of the safest medical procedures in the United States. An independent, comprehensive review of the state of science on the safety and quality of abortion services, published by the National Academies of Sciences, Engineering, and Medicine in 2018, found that abortion in the United States is safe and effective and that the biggest threats to the quality of abortion services in the United States are State regulations that create barriers to care. These abortion-specific restrictions conflict with medical standards and are not supported by the recommendations and guidelines issued by leading reproductive health care professional organizations including the American College of Obstetricians and Gynecologists, the Society of Family Planning, the National Abortion Federation, the World Health Organization, and others. (12) Many abortion-specific restrictions do not confer any health or safety benefits. Instead, these restrictions have the purpose and effect of unduly burdening people’s personal and private medical decisions to end their pregnancies by making access to abortion services more difficult, invasive, and costly, often forcing people to travel significant distances and make multiple unnecessary visits to the provider, and in some cases, foreclosing the option altogether. For example, a 2018 report from the University of California San Francisco’s Advancing New Standards in Reproductive Health research group found that in 27 cities across the United States, people have to travel more than 100 miles in any direction to reach an abortion provider. (13) An overwhelming majority of abortions in the United States are provided in clinics, not hospitals, but the large majority of counties throughout the United States have no clinics that provide abortion. (14) These restrictions additionally harm people’s health by reducing access not only to abortion services but also to other essential health care services offered by many of the providers targeted by the restrictions, including— (A) screenings and preventive services, including contraceptive services; (B) testing and treatment for sexually transmitted infections; (C) LGBTQ health services; and (D) referrals for primary care, intimate partner violence prevention, prenatal care and adoption services. (15) The cumulative effect of these numerous restrictions has been to severely limit the availability of abortion services in some areas, creating a patchwork system where access to abortion services is more available in some States than in others. A 2019 report from the Government Accountability Office examining State Medicaid compliance with abortion coverage requirements analyzed seven key challenges (identified both by health care providers and research literature) and their effect on abortion access, and found that access to abortion services varied across the States and even within a State. (16) International human rights law recognizes that access to abortion is intrinsically linked to the rights to life, health, equality and non-discrimination, privacy, and freedom from ill-treatment. United Nations (UN) human rights treaty monitoring bodies have found that legal abortion services, like other reproductive health care services, must be available, accessible, affordable, acceptable, and of good quality. UN human rights treaty bodies have likewise condemned medically unnecessary barriers to abortion services, including mandatory waiting periods, biased counseling requirements, and third-party authorization requirements. (17) Core human rights treaties ratified by the United States protect access to abortion. For example, in 2018, the UN Human Rights Committee, which oversees implementation of the ICCPR, made clear that the right to life, enshrined in Article 6 of the ICCPR, at a minimum requires governments to provide safe, legal, and effective access to abortion where a person’s life and health is at risk, or when carrying a pregnancy to term would cause substantial pain or suffering. The Committee stated that governments must not impose restrictions on abortion which subject women and girls to physical or mental pain or suffering, discriminate against them, arbitrarily interfere with their privacy, or place them at risk of undertaking unsafe abortions. Furthermore, the Committee stated that governments should remove existing barriers that deny effective access to safe and legal abortion, refrain from introducing new barriers to abortion, and prevent the stigmatization of those seeking abortion. (18) UN independent human rights experts have expressed particular concern about barriers to abortion services in the United States. For example, at the conclusion of his 2017 visit to the United States, the UN Special Rapporteur on extreme poverty and human rights noted concern that low-income women face legal and practical obstacles to exercising their constitutional right to access abortion services, trapping many women in cycles of poverty. Similarly, in May 2020, the UN Working Group on discrimination against women and girls, along with other human rights experts, expressed concern that some states had manipulated the COVID–19 crisis to restrict access to abortion, which the experts recognized as “the latest example illustrating a pattern of restrictions and retrogressions in access to legal abortion care across the country” and reminded U.S. authorities that abortion care constitutes essential health care that must remain available during and after the pandemic. They noted that barriers to abortion access exacerbate systemic inequalities and cause particular harm to marginalized communities, including low-income people, people of color, immigrants, people with disabilities, and LGBTQ people. (19) Abortion-specific restrictions affect the cost and availability of abortion services, and the settings in which abortion services are delivered. People travel across State lines and otherwise engage in interstate commerce to access this essential medical care, and more would be forced to do so absent this Act. Likewise, health care providers travel across State lines and otherwise engage in interstate commerce in order to provide abortion services to patients, and more would be forced to do so absent this Act. (20) Health care providers engage in a form of economic and commercial activity when they provide abortion services, and there is an interstate market for abortion services. (21) Abortion restrictions substantially affect interstate commerce in numerous ways. For example, to provide abortion services, health care providers engage in interstate commerce to purchase medicine, medical equipment, and other necessary goods and services. To provide and assist others in providing abortion services, health care providers engage in interstate commerce to obtain and provide training. To provide abortion services, health care providers employ and obtain commercial services from doctors, nurses, and other personnel who engage in interstate commerce and travel across State lines. (22) It is difficult and time and resource-consuming for clinics to challenge State laws that burden or impede abortion services. Litigation that blocks one abortion restriction may not prevent a State from adopting other similarly burdensome abortion restrictions or using different methods to burden or impede abortion services. There is a history and pattern of States passing successive and different laws that unduly burden abortion services. (23) When a health care provider ceases providing abortion services as a result of burdensome and medically unnecessary regulations, it is often difficult or impossible for that health care provider to recommence providing those abortion services, and difficult or impossible for other health care providers to provide abortion services that restore or replace the ceased abortion services. (24) Health care providers are subject to license laws in various jurisdictions, which are not affected by this Act except as provided in this Act. (25) Congress has the authority to enact this Act to protect abortion services pursuant to— (A) its powers under the commerce clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of Article I of the Constitution of the United States. (26) Congress has used its authority in the past to protect access to abortion services and health care providers’ ability to provide abortion services. In the early 1990s, protests and blockades at health care facilities where abortion services were provided, and associated violence, increased dramatically and reached crisis level, requiring Congressional action. Congress passed the Freedom of Access to Clinic Entrances Act ( Public Law 103–259 ; 108 Stat. 694) to address that situation and protect physical access to abortion services. (27) Congressional action is necessary to put an end to harmful restrictions, to federally protect access to abortion services for everyone regardless of where they live, and to protect the ability of health care providers to provide these services in a safe and accessible manner. (b) Purpose It is the purpose of this Act— (1) to permit health care providers to provide abortion services without limitations or requirements that single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, do not significantly advance reproductive health or the safety of abortion services, and make abortion services more difficult to access; (2) to promote access to abortion services and women’s ability to participate equally in the economic and social life of the United States; and (3) to invoke Congressional authority, including the powers of Congress under the commerce clause of section 8 of article I of the Constitution of the United States, its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment, and its powers under the necessary and proper clause of section 8 of article I of the Constitution of the United States. 3. Definitions In this Act: (1) Abortion services The term abortion services means an abortion and any medical or non-medical services related to and provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion). (2) Government The term government includes each branch, department, agency, instrumentality, and official (and other person acting under color of law) of the United States or a State. (3) Health care provider The term health care provider means any entity or individual (including any physician, certified nurse-midwife, nurse practitioner, and physician assistant) that— (A) is engaged or seeks to engage in the delivery of health care services, including abortion services, and (B) if required by law or regulation to be licensed or certified to engage in the delivery of such services— (i) is so licensed or certified, or (ii) would be so licensed or certified but for their past, present, or potential provision of abortion services permitted by section 4. (4) Medically comparable procedure The term medically comparable procedures means medical procedures that are similar in terms of health and safety risks to the patient, complexity, or the clinical setting that is indicated. (5) Pregnancy The term pregnancy refers to the period of the human reproductive process beginning with the implantation of a fertilized egg. (6) State The term State includes the District of Columbia, the Commonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing. (7) Viability The term viability means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support. 4. Permitted services (a) General Rule A health care provider has a statutory right under this Act to provide abortion services, and may provide abortion services, and that provider’s patient has a corresponding right to receive such services, without any of the following limitations or requirements: (1) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless generally required for the provision of medically comparable procedures. (2) A requirement that the same health care provider who provides abortion services also perform specified tests, services, or procedures prior to or subsequent to the abortion. (3) A requirement that a health care provider offer or provide the patient seeking abortion services medically inaccurate information in advance of or during abortion services. (4) A limitation on a health care provider’s ability to prescribe or dispense drugs based on current evidence-based regimens or the provider’s good-faith medical judgment, other than a limitation generally applicable to the medical profession. (5) A limitation on a health care provider’s ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine. (6) A requirement or limitation concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (7) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (8) A prohibition on abortion at any point or points in time prior to fetal viability, including a prohibition or restriction on a particular abortion procedure. (9) A prohibition on abortion after fetal viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health. (10) A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s health. (11) A requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s degree of actual or constructive knowledge of such reason or reasons. (b) Other Limitations or Requirements A health care provider has a statutory right to provide abortion services, and may provide abortion services, and that provider’s patient has a corresponding right to receive such services, without a limitation or requirement that— (1) is the same as or similar to one or more of the limitations or requirements described in subsection (a); or (2) both— (A) expressly, effectively, implicitly, or as implemented singles out the provision of abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (B) impedes access to abortion services. (c) Factors for Consideration Factors a court may consider in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2)(B) include the following: (1) Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter some patients in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services (including costs associated with travel, childcare, or time off work). (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating a trip to the offices of a health care provider that would not otherwise be required. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other new or existing limitations or requirements. (d) Exception To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s statutory rights under subsection (b), a party must establish, by clear and convincing evidence, that— (1) the limitation or requirement significantly advances the safety of abortion services or the health of patients; and (2) the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action. 5. Applicability and preemption (a) In general (1) Except as stated under subsection (b), this Act supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. ). (2) Federal statutory law adopted after the date of the enactment of this Act is subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations The provisions of this Act shall not supersede or apply to— (1) laws regulating physical access to clinic entrances; (2) insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law. 6. Effective date This Act shall take effect immediately upon the date of enactment of this Act. This Act shall apply to all restrictions on the provision of, or access to, abortion services whether the restrictions are enacted or imposed prior to or after the date of enactment of this Act, except as otherwise provided in this Act. 7. Liberal construction (a) Liberal Construction In interpreting the provisions of this Act, a court shall liberally construe such provisions to effectuate the purposes of the Act. (b) Rule of Construction Nothing in this Act shall be construed to authorize any government to interfere with a person’s ability to terminate a pregnancy, to diminish or in any way negatively affect a person’s constitutional right to terminate a pregnancy, or to displace any other remedy for violations of the constitutional right to terminate a pregnancy. 8. Enforcement (a) Attorney General The Attorney General may commence a civil action for prospective injunctive relief on behalf of the United States against any government official that is charged with implementing or enforcing any limitation or requirement that is challenged as a violation of a statutory right under this Act. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (b) Private Right of Action (1) In general Any individual or entity, including any health care provider, aggrieved by an alleged violation of this Act may commence a civil action for prospective injunctive relief against the government official that is charged with implementing or enforcing the limitation or requirement that is challenged as a violation of a statutory right under this Act. The court shall hold unlawful and set aside the limitation or requirement if it is in violation of this Act. (2) Health care provider A health care provider may commence an action for prospective injunctive relief on its own behalf and/or on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Equitable Relief In any action under this section, the court may award appropriate equitable relief, including temporary, preliminary, or permanent injunctive relief. (d) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs in any non-frivolous action under this section. (e) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (f) Abrogation of State Immunity A State shall not be immune under the Eleventh Amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State. 9. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. | https://www.govinfo.gov/content/pkg/BILLS-117s1975is/xml/BILLS-117s1975is.xml |
117-s-1976 | II 117th CONGRESS 1st Session S. 1976 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Merkley (for himself and Ms. Warren ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To establish a program to oversee the global COVID–19 response and prepare for future pandemics, and for other purposes.
1. Short title This Act may be cited as the Nullifying Opportunities for Variants to Infect and Decimate Act or the NOVID Act . 2. Sense of Congress It is the sense of Congress that— (1) the United States has made tremendous progress towards ending the COVID–19 pandemic within its borders, thanks to an unprecedented and highly successful vaccination campaign spearheaded by the Biden Administration; (2) the COVID–19 pandemic continues to rage unchecked across much of the world as global vaccination efforts have struggled to keep pace; (3) if current trends continue, many middle-income countries may not achieve widespread vaccination until late 2022, and the world’s poorest nations will not reach widespread vaccination coverage before 2023, if at all; (4) the situation overseas threatens progress toward ending the COVID–19 pandemic in the United States, since unchecked transmission of COVID–19 gives rise to new variants, many of which show vaccine resistance; (5) the most concerning of these variants has been shown to reduce vaccine efficacy by as much as 20 to 40 percent; and (6) the United States should take up the mantle of global leadership in the fight to end the COVID–19 pandemic— (A) to protect United States citizens from the emergence of new vaccine-resistant coronavirus variants; and (B) to prevent the kind of humanitarian catastrophe currently occurring in South Asia, South America, and elsewhere. 3. Pandemic Preparedness and Response Program (a) Establishment There is established the Pandemic Preparedness and Response Program (referred to in this as the Program )— (1) to oversee the United States government-wide global health response to the COVID–19 pandemic; and (2) to protect Americans from the emergence of COVID–19 variants and other pathogens with pandemic potential. (b) Director The President shall appoint the Director of the Program (referred to in this Act as the Director ), who shall be responsible for coordinating among the Federal departments and agencies listed in subsection (c)(1) and coordinating the role of the United States in the work of international nongovernmental organizations, development banks, civil society, and foreign governments, with respect to the global health response to the COVID–19 pandemic and the prevention of the emergence of variants or of other pathogens with pandemic potential. (c) Federal departments and agencies The Federal departments and agencies listed in this subsection are— (1) the Department of State; (2) the United States Agency for International Development; (3) the Centers for Disease Control and Prevention; (4) the Food and Drug Administration; (5) the Biomedical Advanced Research and Development Authority and the Health Resources and Services Administration of the Department of Health and Human Services; (6) the Department of Defense; (7) the Peace Corps; (8) the Department of Labor; and (9) any other department or agency the President determines appropriate. (d) Comprehensive strategy (1) In general Not later than 30 days after the date of the enactment of this Act, the Director shall develop a comprehensive strategy to end the COVID–19 pandemic worldwide and to prevent future pandemics, which shall include specific achievable goals to accomplish the objectives described in paragraph (2) with respect to the COVID–19 pandemic. (2) Objectives The strategy developed pursuant to paragraph (1) shall address issues relating to— (A) the shortages of vaccines, vaccine components, any raw materials necessary to producing such articles, and other supplies necessary to carrying out a global vaccination campaign, to ensure that there is an adequate supply of vaccines and other necessary articles for all countries; (B) the end-to-end delivery and administration of vaccines in low- and middle-income countries to ensure that at least 60 percent of the populations in the 92 low- and middle-income countries identified by the COVAX initiative are vaccinated as soon as possible and not later than the beginning of the second quarter of 2022; and (C) preventing future pandemics by coordinating and integrating disease surveillance and early-warning systems, harmonizing early crisis response measures around the world, and limiting the potential for spillover events before they happen. (e) Authorization of appropriations (1) Authorization There is authorized to be appropriated $34,000,000,000 to carry out the Program established under this section. (2) Coordination Amounts made available to any Federal department or agency for providing global health assistance or other forms of foreign assistance may be made available to the Program, subject to the oversight and coordination of the Director. (3) Sense of Congress It is the sense of Congress that— (A) approximately $25,000,000,000 of the amount appropriated pursuant to paragraph (1) should be made available to scale vaccine manufacturing capacity and produce vaccines; (B) approximately $8,500,000,000 of such funds should be made available to cover the cost of end-to-end delivery and administration of vaccines in target countries; and (C) approximately $500,000,000 should be made available to establish a global disease surveillance network to protect against future pandemics. 4. Implementation of comprehensive strategy (a) Implementation In implementing the strategy developed pursuant to section 3(d)— (1) the Director shall— (A) ensure the immediate release of the 80,000,000 doses of vaccine that the United States has already committed to send abroad; (B) reassess the United States vaccine stockpile with regard to domestic vaccination objectives and trends to determine whether further vaccines can be sent abroad; (C) coordinate with the Biomedical Advanced Research and Development Authority of the Department of Health and Human Services (referred to in this section as BARDA ) to rapidly scale manufacturing capacity in the United States and in regional manufacturing hubs to whatever degree necessary and wherever necessary, to produce 8,000,000,000 vaccine doses as soon as possible, in addition to existing manufacturing capacity; (D) consider the potential benefit of regional manufacturing hubs in South America, Africa, and South Asia for the future of global health, especially the potential benefit for addressing future pandemics through the global disease surveillance network implemented pursuant to paragraph (3); (E) encourage and facilitate technology sharing and the licensing of intellectual property as much as is necessary to ensure an adequate and timely supply of necessary articles; (F) in collaboration with COVAX, ensure equitable access to vaccines, especially vaccines produced through the efforts of BARDA and the Program described in subparagraph (C) and paragraph (2); (G) work with international partners to provide enough vaccines to lower- and middle-income countries to fully vaccinate at least 60 percent of their respective populations, with special attention to the 92 lower- and middle-income countries identified by the COVAX initiative as being the most in need of assistance; and (H) consider the central and necessary role that community engagement and public awareness will play in ensuring the voluntary uptake of vaccines by at least 60 percent of the populations in target countries; (2) the Program shall— (A) work closely with host governments, international partners, and other nongovernmental organizations to develop in-country infrastructure, personnel, and other assets sufficient to deliver vaccines where they are needed and when they are needed, and to administer the vaccines to appropriate target populations; (B) build on existing healthcare delivery infrastructure and relationships developed through the President’s Emergency Plan For AIDS Relief and other pre-existing, bilateral humanitarian aid programs between the United States and the target countries, and through pre-existing multilateral relationships and initiatives in target countries; (C) develop country operational plans targeted primarily at lower- and middle-income countries without the infrastructure to manufacture, acquire, or administer vaccines; (D) monitor how many people in such target countries received inoculations, the infection rate, and vaccine manufacture status, including as a result of the activities of the Program; and (E) monitor and prepare daily updates regarding the overall progress in non-targeted countries toward vaccinating their populations and ending the COVID–19 pandemic within their borders, to ensure that the Director remains aware of overall global progress toward vaccinating the global population and ending the COVID–19 pandemic worldwide; and (3) following the end or the abatement of the COVID–19 pandemic, the Program should shift to protect against future pandemics by coordinating a global disease surveillance network to identify and stop pathogens with pandemic potential before they spread uncontrollably by— (A) building on existing surveillance and prevention infrastructure and relationships developed through the National Security Council Directorate on Global Health Security and Biodefense and other pre-existing surveillance and prevention programs; (B) working with international partners to establish a coordinated disease surveillance system, directly linked to decision makers in foreign governments and nongovernmental organizations, so that certain agreed early-warning metrics would trigger timely and open communication between relevant decision makers around the world; and (C) in addition to monitoring for early warning signs of potential future pandemics, considering how to prevent or limit the potential for new spillover events by which new pathogens with pandemic potential are first transmitted to humans. (b) Sense of Congress It is the sense of Congress that— (1) the United States Government played a crucial role in the unprecedented rapid development of the COVID–19 vaccines, substantially funding several vaccine candidates and closely collaborating with Moderna on the NIH-Moderna vaccine; and (2) in the face of a global health emergency, the United States Government has broad authority, including under the Defense Production Act ( 50 U.S.C. 4501 et seq. ) and chapter 18 of title 35, United States Code (commonly referred to as the Bayh-Dole Act ), to ensure adequate supply of vaccines, necessary components, and raw materials through technology sharing and direct collaboration with manufacturers around the world. | https://www.govinfo.gov/content/pkg/BILLS-117s1976is/xml/BILLS-117s1976is.xml |
117-s-1977 | II 117th CONGRESS 1st Session S. 1977 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XIX of the Social Security Act to provide Medicaid coverage for all pregnant and postpartum women, to provide coverage under the Medicaid program for services provided by doulas, midwives, and lactation consultants, and for other purposes.
1. Short title This Act may be cited as the Improving Coverage and Care for Mothers Act . 2. Extending Medicaid eligibility to all pregnant women (a) In general Section 1905(n)(1) of the Social Security Act ( 42 U.S.C. 1396d(n)(1) ) is amended to read as follows: (1) a woman who is pregnant and through the end of the month in which the 365-day period (beginning on the last day of her pregnancy) ends; and . (b) Conforming amendments Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (1) in section 1902— (A) in subsection (a)(10)(C)— (i) in clause (ii), by striking must make available medical assistance— and all that follows through individual described in subparagraph (A); and inserting must make available medical assistance to individuals under the age of 18 who (but for income and resources) would be eligible for medical assistance as an individual described in subparagraph (A)(i); ; and (ii) in clause (iii)— (I) by striking must include (I) with respect to and inserting must include, with respect to ; and (II) by striking , and (II) and all that follows through delivery services ; (B) in subsection (e), by striking paragraph (6); (C) in subsection (l)(1)(A), by inserting before January 1, 2022, before women during pregnancy ; and (D) in subsection (ii)(1)(A), by inserting that was in effect as of January 1, 2022 after pregnant women ; (2) in section 1920(b)(1)(A), by striking that the family income and all that follows through income level of eligibility and inserting that the woman is eligible for medical assistance ; and (3) in section 1937(a)(2)(B), by amending clause (i) to read as follows: (i) Qualified pregnant women The individual is a qualified pregnant woman (as defined in section 1905(n)(1)). . 3. Extending continuous Medicaid and CHIP coverage for pregnant and postpartum women (a) Extending continuous Medicaid and CHIP coverage for pregnant and postpartum women (1) Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended— (A) in section 1902(e)— (i) in paragraph (5), by striking 60-day period and inserting 365-day period ; and (ii) in paragraph (16), by striking At the option of the State and inserting Before January 1, 2022, at the option of the State ; (B) in section 1902(l)(1)(A), by striking 60-day period and inserting 365-day period ; (C) in section 1903(v)(4)(A)(i), by striking 60-day period and inserting 365-day period ; and (D) in section 1905(a), in the 4th sentence in the matter following paragraph (30)— (i) by striking 60-day period and inserting 365-day period ; and (ii) by striking subdivision (B) following paragraph (30) and inserting subdivision (B) following paragraph (32) . (2) CHIP Section 2112 of the Social Security Act ( 42 U.S.C. 1397ll ) is amended by striking 60-day period each place it appears and inserting 365-day period . (3) Conforming amendment Section 1938(b)(2)(C) of the Social Security Act ( 42 U.S.C. 1396u–8(b)(2)(C) ) is amended by striking previous 60 days and inserting previous 365 days . (b) Requiring full benefits for pregnant and postpartum women (1) Medicaid (A) In general Paragraph (5) of section 1902(e) of the Social Security Act ( 24 U.S.C. 1396a(e) ) is amended to read as follows: (5) Any woman who is eligible for medical assistance under the State plan or a waiver of such plan and who is, or who while so eligible becomes, pregnant, shall continue to be eligible under the plan or waiver for medical assistance through the end of the month in which the 365-day period (beginning on the last day of her pregnancy) ends, regardless of the basis for the woman's eligibility for medical assistance, including if the woman's eligibility for medical assistance is on the basis of being pregnant. . (B) Conforming amendment Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) ) is amended in the matter following subparagraph (G) by striking (VII) the medical assistance and all that follows through complicate pregnancy, . (2) CHIP Section 2107(e)(1)(J) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1)(J) ) is amended— (A) by inserting , before January 1, 2022, before (16) of section 1902(e) ; and (B) by striking (relating to and all that follows through the period and inserting (relating to the provision of medical assistance to pregnant women during pregnancy and the 365-day postpartum period under title XIX). 4. Medicaid coverage of services provided by doulas, midwives, and lactation consultants (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ) is amended— (1) in subsection (a)— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) services, including— (A) prenatal, delivery, postpartum, and lactation consulting services, provided by doulas, midwives, and lactation consultants (as those terms are defined in subsection (jj)) to the extent authorized under State law; and (B) services included in the components of postpartum care identified by the American College of Obstetricians and Gynecologists in Committee Opinion Number 736 published in May of 2018 (or any successor opinion or publication); and ; and (2) by adding at the end the following new subsection: (jj) Doulas and midwives defined For purposes of subsection (a)(31): (1) Doulas defined The term doula means an individual who— (A) is certified by an organization, which has been established for not less than 5 years and which requires the completion of continuing education to maintain such certification, to provide non-medical advice, information, emotional support, and physical comfort to an individual during such individual’s pregnancy, childbirth, and postpartum period; and (B) maintains such certification by completing such required continuing education. (2) Midwives defined (A) In general The term midwife means a certified midwife, certified professional midwife, and Tribal-recognized midwife. (B) Certified midwife For purposes of subparagraph (A), the term certified midwife means an individual who is certified by the American Midwifery Certification Board to practice midwifery. (C) Certified professional midwife For purposes of subparagraph (A), the term certified professional midwife means an individual who— (i) is certified by the North American Registry of Midwives to practice midwifery for normal, low-risk pregnancies and childbirths; (ii) completes— (I) a midwifery education program accredited by the Midwifery Education and Accreditation Council or any other entity recognized by the Department of Education; or (II) the requirements to obtain a Midwifery Bridge Certificate from the North American Registry of Midwives; and (iii) maintains the certification described in clause (i) by completing any required continuing education for such certification. (D) Tribal-recognized midwife For purposes of subparagraph (A), the term Tribal-recognized midwife means an individual who is recognized by an Indian tribe (as defined in section 4 of the Indian Health Care Improvement Act) to practice midwifery for such tribe. (3) Lactation consultant defined The term lactation consultant means an individual who is a specialist who— (A) is trained to— (i) focus on the needs and concerns of a breastfeeding mother and baby; and (ii) prevent, recognize, and solve breastfeeding difficulties; (B) is certified by an organization, which has been established for not less than 5 years and which requires the completion of continuing education to maintain such certification, to provide lactation consulting services; and (C) maintains such certification by completing such required continuing education. . (b) Requiring mandatory coverage under State plan Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and (30) and inserting (30), and (31) . 5. Increased FMAP for additional expenditures Section 1905 of the Social Security Act ( 42 U.S.C. 1396d ), as amended by section 4, is further amended— (1) in subsection (b), by striking and (ii) and inserting (ii), and (kk) ; and (2) by adding at the end the following: (kk) Increased FMAP for additional expenditures for medical assistance to pregnant and postpartum women For calendar quarters beginning on or after January 1, 2022, notwithstanding subsection (b), the Federal medical assistance percentage for a State, with respect to the additional amounts expended by such State for medical assistance under the State plan under this title or a waiver of such plan that are attributable to requirements imposed by the amendments made by the Improving Coverage and Care for Mothers Act (as determined by the Secretary), shall be equal to 100 percent. . 6. Effective date (a) In general Subject to subsection (b), the amendments made by this Act shall apply with respect to medical assistance furnished on or after January 1, 2022. (b) Exception for State legislation In the case of a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) that the Secretary of Health and Human Services determines requires State legislation in order for the respective plan to meet any requirement imposed by amendments made by this section, the respective plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet such an additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be considered to be a separate regular session of the State legislature. | https://www.govinfo.gov/content/pkg/BILLS-117s1977is/xml/BILLS-117s1977is.xml |
117-s-1978 | II 117th CONGRESS 1st Session S. 1978 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Manchin (for himself, Mr. Cardin , Ms. Klobuchar , Mr. Merkley , Mr. Wyden , Mr. Brown , Mr. Blumenthal , Mrs. Gillibrand , Mrs. Feinstein , Ms. Cantwell , Ms. Cortez Masto , Mr. Van Hollen , and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the use of funds for the 2026 World Cup unless the United States Soccer Federation provides equitable pay to the members of the United States Women's National Team and the United States Men's National Team.
1. Short title This Act may be cited as the Give Our Athletes Level Salaries Act or the GOALS Act . 2. Prohibition on use of funds for 2026 World Cup Notwithstanding any other provision of law, no Federal funds may be appropriated or otherwise made available to provide support for the 2026 World Cup, including support for a host city, a participating State or local agency, the United States Soccer Federation, the Confederation of North, Central American and Caribbean Association Football (CONCACAF), or the Fédération Internationale de Football Association (FIFA), until the date on which the United States Soccer Federation agrees to provide equitable pay to the members of the United States Women's National Team and the United States Men's National Team. | https://www.govinfo.gov/content/pkg/BILLS-117s1978is/xml/BILLS-117s1978is.xml |
117-s-1979 | II 117th CONGRESS 1st Session S. 1979 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Coons (for himself, Mr. Daines , Ms. Hassan , Mr. Young , and Ms. Cortez Masto ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand and modify the credit for increasing research activities, and for other purposes.
1. Short title This Act may be cited as the Furthering Our Recovery With American Research & Development Act or the FORWARD Act . 2. Treatment of credit for qualified small businesses (a) Gross receipts test (1) In general Clause (i) of section 41(h)(3)(A) of the Internal Revenue Code of 1986 is amended— (A) by striking $5,000,000 in subclause (I) and inserting $20,000,000 , and (B) by striking gross receipts in subclause (II) and inserting gross receipts in excess of $25,000 . (2) Definition of gross receipts (A) In general Clause (i) of section 41(h)(3)(A)(i) of such Code, as amended by paragraph (1), is further amended— (i) by striking (as determined under the rules of section 448(c)(3), without regard to subparagraph (A) thereof) in subclause (I), and (ii) by striking (as so determined) in subclause (II). (B) Definition Subparagraph (A) of section 41(h)(3) of such Code, as so amended, is further amended by adding at the end the following flush sentence: For purposes of the preceding sentence, gross receipts shall be determined under the rules of section 448(c)(3) without regard to subparagraph (A) thereof, except that such term shall not include any contributions to the capital of a corporation (other than contributions by a shareholder) or any amount described in section 118(b) (other than receipts from customers in exchange for goods or services). . (b) Startup date Subclause (II) of section 41(h)(3)(A)(i) of the Internal Revenue Code of 1986 is amended by striking 5-taxable-year period and inserting 8-taxable-year period . (c) Limitation on election amount Clause (i) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking $250,000 and inserting $1,000,000 . (d) Limitation on election Clause (ii) of section 41(h)(4)(B) of the Internal Revenue Code of 1986 is amended by striking 5 or more and inserting 8 or more . (e) Payroll tax credit portion Paragraph (2) of section 41(h) of the Internal Revenue Code of 1986 is amended— (1) by striking subparagraph (C), (2) by adding or at the end of subparagraph (A), and (3) by striking , or at the end of subparagraph (B) and inserting a period. (f) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2020. 3. Inclusion of employee training expenses (a) In general Paragraph (1) of section 41(b) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of subparagraph (A), (2) by striking the period at the end of subparagraph (B) and inserting , and , and (3) by adding at the end the following new subparagraph: (C) employee training expenses. . (b) Employee training expenses Subsection (b) of section 41 of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraph (4) as paragraph (5), and (2) by inserting after paragraph (3) the following new paragraph: (4) Employee training expenses (A) In general The term employee training expenses means any wages paid or incurred to an employee in connection with training for the employee to perform qualified services described in clause (i) or (ii) of paragraph (2)(B). Such term does not include wages paid or incurred in connection with general employer training which does not specifically pertain to such qualified services. (B) Wages, etc For purposes of this paragraph— (i) In general The term wages shall not include any amount taken into account under paragraph (2)(A)(i). (ii) Rules The rules of paragraph (2)(D) shall apply. . (c) Effective date The amendments made by this section shall apply to expenses paid or incurred in taxable years beginning after December 31, 2020. 4. Increased credit rate for certain research activities (a) In general Section 41 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (i) Special rules for certain high-Benefit research activities (1) Certain collaborative research (A) In general In the case of any qualified research expenses described in subparagraph (B), as applicable— (i) subsection (a)(1) shall be applied by substituting 25 percent for 20 percent , (ii) subsection (c)(4)(A) shall be applied by substituting 17.5 percent for 14 percent , and (iii) subsection (c)(4)(B)(ii) shall be applied by substituting 7.5 percent for 6 percent . (B) Expenses described (i) In general Qualified research expenses described in this subparagraph are qualified research expenses incurred by the taxpayer with respect to qualified research in collaboration with 1 or more other entities, which may include a qualified organization described in subparagraph (A), (B), or (C) of subsection (e)(6), an organization which is a Federal laboratory (within the meaning of subsection (b)(3)(D)(i)(III)), or a qualified research consortium (as defined in subsection (b)(3)(C)(ii)). (ii) Contribution requirement A collaboration shall be taken into account under clause (i) only if each entity involved in the collaboration provides or performs more than ½ of its pro rata share of the work hours for the research. (2) Research by United States manufacturers (A) In general In the case of a qualified domestic manufacturer, this section shall be applied— (i) by increasing the 20 percent amount in subsection (a)(1) by the bonus amount, (ii) by increasing the 14 percent amount under subsection (c)(4)(A) by the alternative simplified bonus amount, and (iii) by increasing the 6 percent amount under subsection (c)(4)(B)(ii) by the subsection (c)(4)(B) bonus amount. (B) Qualified domestic manufacturer For purposes of this subsection— (i) In general The term qualified domestic manufacturer means a taxpayer who has domestic production gross receipts which are more than 50 percent of total gross receipts. (ii) Domestic production gross receipts The term domestic production gross receipts has the meaning given to such term under section 199(c)(4) (as in effect on December 31, 2017). (C) Bonus amount; alternative simplified bonus amount; subsection (c)(4)(B) amount For purposes of subparagraph (A): If the percentage of total gross receipts which are domestic production gross receipts is: The bonus amount is the following number of percentage points: The alternative simplified bonus amount is the following number of percentage points: The subsection (c)(4)(B) bonus amount is the following number of percentage points: More than 50% but not more than 60% 1 0.7 0.3 More than 60% but not more than 70% 2 1.4 0.6 More than 70% but not more than 80% 3 2.1 0.9 More than 80% but not more than 90% 4 2.8 1.2 More than 90% 5 3.5 1.5. . (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2021. 5. Transfers to federal old-age and survivors insurance trust fund There are hereby appropriated to the Federal Old-Age and Survivors Trust Fund and the Federal Disability Insurance Trust Fund established under section 201 of the Social Security Act ( 42 U.S.C. 401 ) amounts equal to the reduction in revenues to the Treasury from the taxes under section 3111(a) of the Internal Revenue Code of 1986 by reason of the amendments made by sections 2, 3, and 4. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had such amendments not been enacted. 6. Support for small business research and development (a) Definitions In this section— (1) the term Administrator means the Administrator of the Small Business Administration; (2) the term Commissioner means the Commissioner of Internal Revenue; (3) the term small business concern has the meaning given the term in section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) ); and (4) the term small business development center means a small business development center described in section 21 of the Small Business Act ( 15 U.S.C. 648 ). (b) IRS and SBA partnerships Beginning not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Administrator, shall develop partnership agreements that— (1) provide for the development of— (A) basic training, including in-person or modular training sessions, relating to Federal income tax credits that benefit small business concerns and startups, especially credits for research and experimentation; and (B) informational materials relating to such credits, including Internal Revenue Service guidance documents; (2) provide the basic training and informational materials developed under paragraph (1)— (A) through electronic resources, including internet-based webinars; and (B) at physical locations, including small business development centers; and (3) make such materials available to— (A) business development programs administered by the Small Business Administration, including women’s business centers, Veteran Business Outreach Centers, and U.S. Export Assistance Centers, and nonprofit research partners such as the Service Corps of Retired Executives authorized under section 8(b)(1)(B) of the Small Business Act ( 15 U.S.C. 637(b)(1)(B) ); and (B) business development entities that partner with Small Business Administration programs, including universities, nonprofits, business incubators, and business accelerators. (c) Reporting Requirement Not later than 180 days after the date of enactment of this Act, the Commissioner, in consultation with the Administrator, shall submit to Congress a report describing how the Internal Revenue Service in partnership with the Small Business Administration will provide outreach and educational materials to small business concerns, businesses of medium size, and startups regarding section 41(h) of the Internal Revenue Code of 1986. (d) Small Business Development Centers Section 21(c)(3) of the Small Business Act ( 15 U.S.C. 648(c)(3) ) is amended— (1) in subparagraph (T), by striking and at the end; (2) in the first subparagraph (U) (relating to encouraging and assisting the provision of succession planning), by striking the period at the end of clause (v) and inserting a semicolon; (3) in the second subparagraph (U) (relating to providing training in conjunction with the United States Patent and Trademark Office)— (A) by redesignating that subparagraph as subparagraph (V); and (B) in clause (ii)(II), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (W) in conjunction with the Internal Revenue Service, providing informational materials, education, and basic training— (i) to small business concerns relating to Federal income tax credits available under the Internal Revenue Code of 1986, including— (I) credits available to businesses generally; and (II) credits available to small business concerns and startups specifically, especially credits for research and experimentation; and (ii) that may be delivered— (I) in person; or (II) through a website. . (e) Authorization of appropriations There are authorized to be appropriated $2,000,000 per year to carry out the requirements of this section. | https://www.govinfo.gov/content/pkg/BILLS-117s1979is/xml/BILLS-117s1979is.xml |
117-s-1980 | II 117th CONGRESS 1st Session S. 1980 IN THE SENATE OF THE UNITED STATES June 8, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to track the distribution of all farm subsidies by race, gender, and size of the farm operation and to make that information about farm subsidies available to the public, and for other purposes.
1. Short title This Act may be cited as the Farm Subsidy Transparency Act of 2021 . 2. Data on recipients of benefits under Agriculture Improvement Act of 2018 Subtitle G of title I of the Agriculture Improvement Act of 2018 ( Public Law 115–334 ; 132 Stat. 4525) is amended by adding at the end the following: 1708. Data on recipients of benefits As soon as practicable after the date of enactment of this section and notwithstanding any other provision of law, the Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under this title, title II, and title VII and the amendments made by those titles, including— (i) the race and gender of each individual directly or indirectly receiving the benefits; (ii) the race and gender of each individual receiving the benefits through an entity and the race and gender of all individuals who comprise the entity; and (iii) the rented, owned, or controlled acreage of the farm or ranch of each recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1). . 3. Disclosure of certain information relating to individuals and entities with Federal crop insurance (a) Authorized disclosure Section 502(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1502(c) ) is amended— (1) by striking paragraph (2) and inserting paragraphs (2) and (5) ; and (2) by adding at the end the following: (5) Disclosure of certain information The prohibition under paragraph (1) shall not apply to the release of information under section 506(m)(4)(C). . (b) Disclosure of certain information Section 506(m) of the Federal Crop Insurance Act ( 7 U.S.C. 1506(m) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following: (4) Collection and release of information in the public interest (A) Definition of covered entity In this paragraph, the term covered entity means— (i) an individual; and (ii) (I) an entity; and (II) each individual that partly or wholly owns, or has a substantial beneficial interest in, that entity. (B) Information collected The Corporation shall, on an annual basis, collect the following information: (i) The name, race, and gender, as applicable, of each covered entity that directly or indirectly obtained a federally subsidized crop insurance, livestock, or forage policy or plan of insurance during the previous reinsurance year. (ii) The rented, owned, or controlled acreage of the farm or ranch attributable to each covered entity described in clause (i). (iii) The amount of premium subsidy received from the Corporation, directly or indirectly, by— (I) each covered entity described in clause (i); and (II) in the case of a covered entity described in subparagraph (A)(ii)(I), each individual receiving benefits through that entity and the name, race, and gender of that individual. (C) Release of information Notwithstanding any other provision of law, the Corporation shall annually release to the public the information described in subparagraph (B), organized by covered entity and agricultural operation. . 4. Benefits under the Commodity Credit Corporation Charter Act Section 13 of the Commodity Credit Corporation Charter Act ( 15 U.S.C. 714k ) is amended— (1) in the second sentence, by striking In addition to the annual report and inserting the following: (b) Quarterly reports In addition to the annual report under subsection (a) ; (2) in the matter preceding subsection (b) (as so designated), by striking the section designation and heading and all that follows through The Corporation and inserting the following: 13. Records; reports (a) Records; annual report The Corporation ; and (3) by adding at the end the following: (c) Data on recipients of benefits The Secretary shall— (1) track— (A) the benefits provided, directly or indirectly, to each individual and entity under section 5, including— (i) the race and gender of each individual directly receiving the benefits or receiving the benefits through an entity; and (ii) the rented, owned, or controlled acreage of the farm or ranch of the recipient of the benefits; and (B) the race and gender of each individual who applied for any benefits described in subparagraph (A) and did not receive the benefits; (2) annually make publicly available on the website of the Department of Agriculture the information tracked under paragraph (1); and (3) annually submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report describing the information tracked under paragraph (1). . 5. Farm credit transparency Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) in subsection (a), by inserting farm or ranch, after minority-owned, ; (2) in subsection (b), by inserting farm or ranch, after minority-owned, each place that term appears; (3) in subsection (e)— (A) in paragraph (2)— (i) in subparagraph (E), by inserting farm or ranch, after minority-owned, ; and (ii) in subparagraph (F), by inserting farm or ranch, after minority-owned, ; and (B) in paragraph (3), by inserting farm or ranch, after minority-owned, ; and (4) in subsection (g)(3), by inserting farm or ranch, after minority-owned, . 6. Service center information management system The Secretary of Agriculture shall collect and track the race and gender of any individual, or in the case of an entity, each individual comprising the entity, that registers on the service center information management system of the Department of Agriculture. | https://www.govinfo.gov/content/pkg/BILLS-117s1980is/xml/BILLS-117s1980is.xml |
117-s-1981 | II 117th CONGRESS 1st Session S. 1981 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. King (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify rules relating to donor advised funds, and for other purposes.
1. Short title This Act may be cited as the Accelerating Charitable Efforts Act or the ACE Act . 2. Additional restrictions on deductions for contributions to donor advised funds (a) Limitation on deduction Section 170(f) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (19) Time for deduction of contributions to donor advised funds (A) Nonqualified donor advised funds (i) In general In the case of a contribution to a donor advised fund (as defined in section 4966(d)(2)) which is not a qualified donor advised fund or a qualified community foundation donor advised fund— (I) in the case of any contribution of property other than cash, no deduction shall be allowed under this section unless the sponsoring organization sells such property for cash, (II) no deduction shall be allowed under this section for any contribution before the taxable year that includes the date on which the sponsoring organization makes a qualifying distribution of such contribution (or the proceeds from the sale of such contribution), and (III) the amount of the deduction shall be equal to the amount of the qualifying distribution. (ii) Qualifying distribution For purposes of this subparagraph, the term qualifying distribution means any distribution which is not a taxable distribution (as defined in section 4966(c), determined without regard to paragraph (2)(C) thereof). (iii) Ordering rule For purposes of this subparagraph, distributions shall be treated as made from contributions (and any earnings attributable thereto) on a first-in, first-out basis. (B) Nonpublicly traded assets of qualified donor advised funds (i) In general In the case of a contribution of a non-publicly traded asset to a qualified donor advised fund or a qualified community foundation donor advised fund— (I) no deduction shall be allowed under this section for any taxable year before the taxable year that includes the date on which the sponsoring organization sells the asset, and (II) the amount of the deduction allowed under subsection (a) shall not exceed the amount of gross proceeds received from such sale and credited to the account or fund identified with the taxpayer. (ii) Non-publicly traded asset For purposes of this subparagraph, the term non-publicly traded asset means any asset for which (as of the date of the contribution) market quotations are not readily available on an established securities market. (C) Contemporaneous written acknowledgement (i) In general In the case of a contribution described in subparagraph (A) or (B), no deduction shall be allowed under subsection (a) for such contribution unless the taxpayer substantiates the contribution by a contemporaneous written acknowledgement of the contribution by the sponsoring organization that meets the requirements of clause (ii). (ii) Content of acknowledgement An acknowledgement meets the requirements of this subparagraph if it includes the following information: (I) The name of the donor. (II) In the case of a contribution described in subparagraph (A)— (aa) if such contribution is described in subparagraph (A)(i)(I), a certification that the asset was sold for cash and the amount of cash received in such sale, and (bb) a certification that a qualifying distribution has been made from such contribution (or the proceeds from the sale of such contribution), an identification of the amount of such qualifying distribution, and a statement that the deductible amount may not exceed the amount of such qualifying distribution. (III) In the case of a contribution described in subparagraph (B), a certification that the asset was sold and the amount of the gross proceeds received from such sale and credited to the account or fund of the taxpayer, together with a statement that the deductible amount may not exceed the amount of the gross proceeds received from the sale of the asset and credited to the account or fund of the taxpayer. (iii) Contemporaneous For purposes of clause (i), an acknowledgement shall be considered to be contemporaneous if the sponsoring organization provides it within 30 days of— (I) in the case of a contribution described in subparagraph (A), the date of the qualifying distribution, and (II) in the case of a contribution described in subparagraph (B), the date that the gross proceeds from the sale of the asset are credited to the account or fund of the taxpayer. (iv) Information to Secretary A sponsoring organization required to provide an acknowledgement under this paragraph shall provide to the Secretary the information contained in the acknowledgement. Such information shall be provided at such time and in such manner as the Secretary may prescribe. (D) Qualified donor advised fund For purposes of this paragraph, the term qualified donor advised fund means a donor advised fund (as defined in section 4966(d)(2)) established under an agreement that requires, for the duration of such fund, the termination of any advisory privilege with respect to any contribution (including any earnings thereon) made by any donor (or any person appointed or designated by a donor) before the last day of the 14th taxable year beginning after the taxable year in which the contribution was made. (E) Qualified community foundation donor advised fund For purposes of this paragraph— (i) In general The term qualified community foundation donor advised fund means a donor advised fund (as defined in section 4966(d)(2)) which is owned or controlled by a qualified community foundation and which meets one or more of the requirements of clauses (ii) or (iii). (ii) Maximum value of advisory privileges (I) In general A donor advised fund meets the requirements of this clause if each individual who has advisory privileges with respect to such fund does not have advisory privileges with respect to 1 or more donor advised funds held by the qualified community foundation with an aggregate value at any time after the date of the enactment of this paragraph in excess of $1,000,000. (II) Inflation adjustment In the case of any taxable year beginning after 2021, the $1,000,000 amount in subclause (I) shall be increased by an amount equal to such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2020 for calendar year 2016 . If any amount as adjusted under the preceding sentence is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000. (iii) Minimum payout A donor advised fund meets the requirements of this paragraph if the fund is established under an agreement that requires that the fund make qualifying distributions (as defined in subparagraph (A)(ii)) each calendar year in an amount not less than 5 percent of the value of the fund (determined as of the last day of the preceding calendar year). (iv) Qualified community foundation The term qualified community foundation means an organization— (I) which is described in section 501(c)(3), (II) which is organized and operated for the purpose of understanding and serving the needs of a particular geographic community that is no larger than 4 States by engaging donors and pooling donations to create charitable funds in direct furtherance of those needs, and (III) which holds substantial assets (but in no case less than 25 percent of the organization’s total assets) outside of donor advised funds. (v) Sponsoring organization The term sponsoring organization has the meaning given such term under section 4966(d)(1). . (b) Other requirements for qualified donor advised funds Section 170(f)(18) of the Internal Revenue Code of 1986 is amended by striking and at the end of subparagraph (A)(ii), by striking the period at the end of subparagraph (B) and inserting , and , and by adding at the end the following new subparagraph: (C) in the case of a contribution to a qualified donor advised fund (as defined in paragraph (19)(D)), the taxpayer identifies for the sponsoring organization a preferred organization for the purposes of making distributions of so much of the amount contributed (and any earnings attributable thereto) as has not been distributed before the end of the last day of the 14th taxable year beginning after the taxable year in which the contribution was made. . (c) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. 3. Failure of donor advised funds to distribute contributions (a) In general Subchapter G of chapter 42 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 4967A. Failure of donor advised funds to distribute contributions (a) In general In the case of a contribution which is held in a donor advised fund (other than a qualified community foundation donor advised fund), there is hereby imposed a tax equal to 50 percent of so much of the portion of such contribution (and any earnings attributable thereto) as has not been distributed by the sponsoring organization in a qualifying distribution before the last day of the sixth month following the last day of the applicable taxable year with respect to such contribution. The tax imposed by this subsection shall be paid by such sponsoring organization. (b) Applicable taxable year For purposes of this section, the term applicable taxable year means— (1) in the case of a contribution to a qualified donor advised fund, the 14th taxable year beginning after the taxable year in which the contribution was made, and (2) in the case of a contribution to any other donor advised fund (other than a qualified community foundation donor advised fund), the 49th taxable year beginning after the taxable year in which the contribution was made. (c) Definitions and other rules (1) Qualified donor advised fund The term qualified donor advised fund has the meaning given such term under section 170(f)(19)(D). (2) Qualified community foundation donor advised fund The term qualified community foundation donor advised fund has the meaning given such term under section 170(f)(19)(E). (3) Qualifying distribution The term qualifying distribution has the meaning given such term under section 170(f)(19)(A)(ii). (4) Ordering rule Rules similar to the rules of section 170(f)(19)(A)(iii) shall apply for purposes of this section. . (b) Conforming amendment The table of sections for subchapter G of chapter 42 of such Code is amended by adding at the end the following new item: Sec. 4967A. Failure of donor advised funds to distribute contributions. . (c) Effective date The amendments made by this section shall apply to contributions made after the date of the enactment of this Act. 4. Treatment of private foundation administrative expenses paid to disqualified persons (a) In general Section 4942(g) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (5) Disallowance of administrative expenses paid to disqualified persons (A) In general For purposes of paragraph (1)(A), administrative expenses paid to any person described in subparagraph (B) shall not be treated as a qualifying distribution. (B) Person described A person is described in this subparagraph if such person is a disqualified person (as defined in section 4946(a)(1)) with respect to the private foundation, other than a foundation manager (as defined in section 4946(b)(1)) of such private foundation who is not a member of the family (as defined in section 4946(d)) of any individual described in subparagraph (A) or (C) of section 4946(a)(1). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2021. 5. Treatment of distributions to donor advised funds from private foundations (a) Prohibition on treatment as qualifying distributions (1) In general Section 4942(g)(1)(A) of the Internal Revenue Code of 1986 is amended by striking paragraph (3), or and inserting paragraph (3), or (iii) a sponsoring organization (as defined in section 4966(d)(1)) if such contribution will be held in a donor advised fund (as defined in section 4966(d)(2)), except as provided in paragraph (3), or . (2) Conforming amendment Section 4942(g)(3) is amended by striking (i) or (ii) and inserting (i), (ii), or (iii) . (b) Reporting Section 6033(c) of the Internal Revenue Code of 1986 is amended— (1) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively, (2) by inserting before paragraph (2) (as redesignated) the following new paragraph: (1) the private foundation shall include in its annual return under this section information on— (A) the amount of any contribution to a sponsoring organization (as defined in section 4966(d)(1)) which will be held in a donor advised fund (as defined in section 4966(d)(2)), (B) the sponsoring organization to which such contribution was made, and (C) the donation advice given to such organization (if any), , and (3) in the matter following paragraph (3) (as redesignated) by striking paragraph (1) and inserting paragraph (2) . (c) Effective dates (1) Prohibition The amendment made by subsection (a) shall apply to distributions made after December 31, 2021. (2) Reporting The amendments made by subsection (b) shall apply to returns required to be filed after December 31, 2021. 6. Treatment of contributions from donor advised funds for purposes of determining public support (a) Private foundations Section 509 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (g) Special rules for support from donor advised funds (1) In general For purposes of subsection (a)(2), except as otherwise provided in this subsection, all amounts received from sponsoring organizations (as defined in section 4966(d)(1))— (A) shall not be treated as support received from an organization described in section 170(b)(1)(A), and (B) shall be treated as support received from one person. (2) Exception where donor identified In the case of support from a sponsoring organization which is provided from funds which are identified with a donor to a donor advised fund (as defined in section 4966(d)(2)) and the sponsoring organization identifies such donor, such support shall be treated as provided by such donor. (3) Exception for amounts not contributed from donor advised funds Paragraph (1) shall not apply to any amount if the sponsoring organization specifies that— (A) the amount is not a distribution from a donor advised fund (as so defined), and (B) no donor (or any person appointed or designated by such donor) had advisory privileges with respect to the provision of the support. . (b) Determination of contribution limitations Section 170(b)(1)(A) of such Code is amended by adding at the end the following: For purposes of clause (vi), rules similar to the rules of section 509(g) shall apply. . (c) Effective date The amendments made by this section shall apply to contributions made in taxable years beginning after the date of the enactment of this Act. 7. Exemption from tax on investment income for certain private foundations making significant qualifying distributions (a) In general Section 4940 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) Exemption for foundations making significant qualifying distributions No tax shall be imposed by this section for any taxable year on any private foundation if such private foundation makes qualifying distributions (as defined in section 4942(g)) during such taxable year in an amount that is not less than 7 percent of the excess of— (1) the aggregate fair market value of all assets of the foundation (other than those which are used (or held for use) directly in carrying out the foundation’s exempt purpose) determined as of the first date of the taxable year, over (2) the acquisition indebtedness with respect to such assets (determined under section 514(c)(1)). . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. 8. Exemption from tax on investment income of limited-duration private foundations (a) In general Section 4940 of the Internal Revenue Code of 1986, as amended by section 7, is amended by adding at the end the following new subsection: (f) Exemption for limited-Duration foundations (1) Exemption (A) In general No tax shall be imposed by subsection (a) on any private foundation if such private foundation meets the requirements of subparagraph (B). (B) Requirements A private foundation meets the requirements of this subparagraph if, at the time of its establishment and at all times thereafter— (i) such private foundation has a duration specified in its governing documents of not more than 25 years, and (ii) such private foundation makes no distributions to disqualified private foundations. (C) Disqualified private foundation For purposes of this subsection, the term disqualified private foundation means, with respect to the private foundation described in subparagraph (B), another private foundation with respect to which there is a disqualified person who is also a disqualified person with respect to such private foundation described in subparagraph (B). (2) Recapture tax (A) In general If— (i) no tax is imposed under subsection (a) on a private foundation by reason of paragraph (1), and (ii) such private foundation— (I) fails to meet the requirements of paragraph (1)(B) in any subsequent taxable year, (II) has a duration of more than 25 years, or (III) makes a distribution to a disqualified private foundation, a tax shall be imposed on such foundation in the amount determined under subparagraph (B) for the first taxable year in which such private foundation is described in clause (ii). (B) Amount of tax The amount of tax determined under this subparagraph is the aggregate amount of taxes which would have been imposed on such private foundation for all taxable years before the first taxable year in which such foundation was described in subparagraph (A)(ii) if paragraph (1) had not applied. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s1981is/xml/BILLS-117s1981is.xml |
117-s-1982 | II 117th CONGRESS 1st Session S. 1982 IN THE SENATE OF THE UNITED STATES June 9, 2021 Ms. Stabenow (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 for purposes of the tax on private foundation excess business holdings to treat as outstanding any employee-owned stock purchased by a business enterprise pursuant to certain employee stock ownership retirement plans.
1. Certain purchases of employee-owned stock disregarded for purposes of foundation tax on excess business holdings (a) In general Section 4943(c)(4)(A) of the Internal Revenue Code of 1986 is amended by adding at the end the following new clause: (v) For purposes of clause (i), subparagraph (D), and paragraph (2), any voting stock which— (I) is not readily tradable on an established securities market, (II) is purchased by the business enterprise on or after January 1, 2005, from an employee stock ownership plan (as defined in section 4975(e)(7)) in which employees of such business enterprise participate, in connection with a distribution from such plan, and (III) is held by the business enterprise as treasury stock, cancelled, or retired, shall be treated as outstanding voting stock, but only to the extent so treating such stock would not result in permitted holdings exceeding 49 percent (determined without regard to this clause). The preceding sentence shall not apply with respect to the purchase of stock from a plan during the 10-year period beginning on the date the plan is established. . (b) Effective date (1) In general The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act and to purchases by a business enterprise of voting stock in taxable years beginning before, on, or after the date of the enactment of this Act. (2) Special rule for grandfathered foundations in case of decrease in ownership by reason of pre-enactment purchases Section 4943(c)(4)(A)(ii) of the Internal Revenue Code of 1986 shall not apply with respect to any decrease in the percentage of holdings in a business enterprise by reason of the application of section 4943(c)(4)(A)(v) of such Code (as added by this section). | https://www.govinfo.gov/content/pkg/BILLS-117s1982is/xml/BILLS-117s1982is.xml |
117-s-1983 | II 117th CONGRESS 1st Session S. 1983 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Risch (for himself, Mr. Crapo , Mr. Cassidy , Mr. Moran , Mr. Daines , Ms. Lummis , Mr. Hoeven , Mr. Cramer , Mr. Marshall , Mr. Cotton , and Mr. Barrasso ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Labor to report to Congress an estimated number of jobs projected to be lost due to the Biden Administration revoking the permit for the Keystone XL pipeline.
1. Short title This Act may be cited as the Defending Keystone Jobs Act . 2. Report by the Secretary of Labor on job loss due to the revocation of the permit for the Keystone XL pipeline The Secretary of Labor shall— (1) conduct a study to estimate the total number of jobs projected to be lost as a direct or indirect result of section 6 of Executive Order 13990 (86 Fed. Reg. 7037; relating to protecting public health and the environment and restoring science to tackle the climate crisis) over the 10-year period beginning on the date on which such Executive order was issued; and (2) not later than 90 days after the date of enactment of this Act, submit to Congress a report on the findings of the study under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1983is/xml/BILLS-117s1983is.xml |
117-s-1984 | II 117th CONGRESS 1st Session S. 1984 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Romney (for himself, Mr. Schatz , Mr. Peters , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Secretary of Transportation to establish a grant program to improve the functioning of traffic signals through the implementation of innovative technology, and for other purposes.
1. Short title This Act may be cited as the Smart Intersections Act of 2021 . 2. Smart Technology Traffic Signals Grant Program (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a grant program, to be known as the Smart Technology Traffic Signals Grant Program , under which the Secretary shall make grants to eligible entities to improve the functioning of traffic signals in a manner that— (1) reduces traffic congestion; (2) improves the safety and effectiveness of roadways; (3) reduces fuel costs for drivers; (4) reduces air pollution; and (5) improves emergency response. (b) Applications To be eligible to receive a grant under the program, an eligible entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. (c) Use of grant funds An eligible entity that receives a grant under the program shall use the grant— (1) to improve active management of traffic signals, including through the use of automated traffic signal performance measures; (2) to implement strategies, activities, and projects that support active management of traffic signal operations, including through— (A) optimization of corridor timing; (B) improved vehicle, pedestrian, and bicycle detection at traffic signals; and (C) the use of connected vehicle technologies; (3) to replace outdated traffic signals, as needed; and (4) in the case of an eligible entity that is a local government entity serving a population of less than 500,000, to pay the costs of temporary staffing hours dedicated to updating traffic signal technology. (d) Timing of expenditures An eligible entity that receives a grant under the program shall fully expend the grant funds by the date that is 3 years after the date on which grant funds are first made available to the eligible entity. (e) Federal share (1) In general The Federal share of the costs of a project assisted with a grant under the program may not exceed 80 percent. (2) In-kind contributions The non-Federal share of the costs of a project assisted with a grant under the program may be derived in whole or in part from in-kind contributions. (f) Prohibition A grant awarded under the program may not be used to purchase, operate, or maintain an automated traffic enforcement system. (g) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out the program. (h) Definitions In this section: (1) Automated traffic enforcement system The term automated traffic enforcement system means any device that captures an image of, or information from, a vehicle for the purposes of traffic law enforcement. (2) Eligible entity The term eligible entity means a State, local, or Tribal government entity. (3) Program The term program means the Smart Technology Traffic Signals Grant Program established under subsection (a). (4) Secretary The term Secretary means the Secretary of Transportation. 3. GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall carry out, and submit to Congress a report describing the results of, a study on the potential for reducing greenhouse gas emissions by improving the efficiency of traffic systems. | https://www.govinfo.gov/content/pkg/BILLS-117s1984is/xml/BILLS-117s1984is.xml |
117-s-1985 | II 117th CONGRESS 1st Session S. 1985 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mrs. Fischer (for herself and Mr. Peters ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To establish a Rural Opportunities to Use Transportation for Economic Success Initiative, and for other purposes.
1. Short title This Act may be cited as the Rural Opportunities to Use Transportation for Economic Success Act or the ROUTES Act . 2. Rural opportunities to use transportation for economic success initiative (a) Definitions In this section: (1) ROUTES council The term ROUTES Council means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1). (2) ROUTES office The term ROUTES Office means the Rural Opportunities to Use Transportation for Economic Success Office established by subsection (b)(1). (3) Secretary The term Secretary means the Secretary of Transportation. (b) ROUTES office (1) In general The Secretary shall establish within the Department of Transportation the Rural Opportunities to Use Transportation for Economic Success Office— (A) to improve analysis of projects from rural areas, Tribal areas, and underserved communities in rural or Tribal areas applying for Department of Transportation discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the people and the economy of the United States are appropriately considered; and (B) to provide rural communities, Tribal communities, and underserved communities in rural or Tribal areas with technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner. (2) Objectives The ROUTES Office shall— (A) collect input from knowledgeable entities and the public on— (i) the benefits of rural and Tribal transportation projects; (ii) the technical and financial assistance required for constructing and operating rural and Tribal transportation infrastructure and services; (iii) barriers and opportunities to funding rural and Tribal transportation projects; and (iv) unique transportation barriers and challenges facing underserved communities in rural and Tribal areas and ways to address those challenges; (B) evaluate data on rural and Tribal transportation challenges and determining methods to align the discretionary funding and financing opportunities of the Department of Transportation with the needs of those communities for meeting national transportation goals; and (C) educate rural communities and Tribal communities about applicable Department of Transportation discretionary grants, develop effective methods to evaluate projects in those communities in discretionary grant programs, and communicate those methods through program guidance. (c) ROUTES council (1) In general The Secretary shall establish a Rural Opportunities to Use Transportation for Economic Success Council— (A) to organize, guide, and lead the ROUTES Office; and (B) to coordinate rural-related and Tribal-related funding programs and assistance among the modal administrations. (2) Membership (A) In general The ROUTES Council shall be composed of the following officers of the Department of Transportation, or their designees: (i) The Under Secretary of Transportation for Policy. (ii) The General Counsel. (iii) The Chief Financial Officer and Assistant Secretary for Budget and Programs. (iv) The Assistant Secretary for Research and Technology. (v) The Administrators of— (I) the Federal Aviation Administration; (II) the Federal Highway Administration; (III) the Federal Railroad Administration; and (IV) the Federal Transit Administration. (vi) The Executive Director of the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code. (vii) The Assistant Secretary of Government Affairs. (viii) Such other individuals as the Secretary may designate. (B) Chair The Under Secretary of Transportation for Policy shall be the Chair of the ROUTES Council. (C) Additional members The Secretary or the Chair of the ROUTES Council may designate additional members to serve on the ROUTES Council. (3) Additional modal input To address issues related to safety and transport of rural and Tribal commodities, the ROUTES Council shall consult with the Administrators (or their designees) of— (A) the Maritime Administration; (B) the Great Lakes St. Lawrence Seaway Development Corporation; and (C) the National Highway Traffic Safety Administration. (4) Duties Members of the ROUTES Council shall— (A) participate in all meetings and relevant ROUTES Council activities and be prepared to share information relevant to rural and Tribal transportation infrastructure projects and issues; (B) provide guidance and leadership on rural and Tribal transportation infrastructure issues and represent the work of the ROUTES Council and Department of Transportation on those issues to external stakeholders; and (C) recommend initiatives to the Chair of the ROUTES Council to consider, establish, and staff any resulting activities or working groups. (5) Meetings The ROUTES Council shall meet bimonthly. (6) Work products and deliverables The ROUTES Council may develop work products or deliverables to meet the goals of the ROUTES Council, including— (A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year; (B) any recommendations to enhance the effectiveness of Department of Transportation discretionary grant programs regarding rural and Tribal infrastructure issues; and (C) other guides and reports for relevant groups and the public. | https://www.govinfo.gov/content/pkg/BILLS-117s1985is/xml/BILLS-117s1985is.xml |
117-s-1986 | II 117th CONGRESS 1st Session S. 1986 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mrs. Capito (for herself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act and the Bipartisan Budget Act of 2018 to expand and expedite access to cardiac rehabilitation programs and pulmonary rehabilitation programs under the Medicare program, and for other purposes.
1. Short title This Act may be cited as the Increasing Access to Quality Cardiac Rehabilitation Care Act of 2021 . 2. Expanding access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program (a) Cardiac rehabilitation programs Section 1861(eee) of the Social Security Act ( 42 U.S.C. 1395x(eee) ) is amended— (1) in paragraph (2)— (A) in subparagraph (A)(i), by striking a physician’s office and inserting the office of a physician (as defined in subsection (r)(1)) or the office of a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) ; and (B) in subparagraph (C), by inserting after physician the following: (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) ; (2) in paragraph (3)(A), by striking physician-prescribed exercise and inserting exercise prescribed by a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) ; and (3) in paragraph (5), by inserting after physician the following: (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) . (b) Pulmonary rehabilitation programs Section 1861(fff) of the Social Security Act ( 42 U.S.C. 1395x(fff) ) is amended— (1) in paragraph (2)(A), by striking physician-prescribed exercise and inserting exercise prescribed by a physician (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) ; and (2) in paragraph (3), by inserting after physician the following: (as defined in subsection (r)(1)) or a physician assistant, nurse practitioner, or clinical nurse specialist (as those terms are defined in subsection (aa)(5)) . (c) Effective date The amendments made by this section shall apply with respect to items and services furnished on or after January 1, 2022. 3. Expediting access to cardiac rehabilitation programs and pulmonary rehabilitation programs under Medicare program Section 51008(c) of the Bipartisan Budget Act of 2018 ( Public Law 115–123 ; 42 U.S.C. 1395x note) is amended by striking January 1, 2024 and inserting January 1, 2022 . | https://www.govinfo.gov/content/pkg/BILLS-117s1986is/xml/BILLS-117s1986is.xml |
117-s-1987 | II 117th CONGRESS 1st Session S. 1987 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Cotton (for himself, Mr. Tillis , Mr. Scott of Florida , Mr. Daines , Mrs. Blackburn , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize the imposition of sanctions with respect to the deliberate concealment or distortion of information about public health emergencies of international concern, and for other purposes.
1. Short title This Act may be cited as the Li Wenliang Global Public Health Accountability Act of 2021 . 2. Authorization of imposition of sanctions (a) In general The President may impose the sanctions described in subsection (b) with respect to any foreign person the President determines, based on credible evidence— (1) is a government official, or a senior associate of such an official, that is responsible for, or complicit in, ordering, controlling, or otherwise directing, or financially benefits from, acts intended to deliberately conceal or distort information about a public health emergency of international concern, including coronavirus disease 2019 (commonly known as COVID–19 ); or (2) has materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, an act described in paragraph (1). (b) Sanctions described The sanctions described in this subsection are the following: (1) Inadmissibility to United States In the case of a foreign person who is an individual— (A) ineligibility to receive a visa to enter the United States or to be admitted to the United States; or (B) if the individual has been issued a visa or other documentation, revocation, in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), of the visa or other documentation. (2) Blocking of property (A) In general The blocking, in accordance with the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ), of all transactions in all property and interests in property of a foreign person if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Exception relating to importation of goods (i) In general The authority to block and prohibit all transactions in all property and interests in property under subparagraph (A) shall not include the authority to impose sanctions on the importation of goods. (ii) Good defined In this subparagraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (c) Consideration of certain information in imposing sanctions In determining whether to impose sanctions under subsection (a), the President shall consider— (1) information provided jointly by the chairperson and ranking member of each of the appropriate congressional committees; and (2) credible information obtained by other countries and nongovernmental organizations that monitor violations of human rights and global health issues, including issues related to infectious disease. (d) Requests by appropriate congressional committees (1) In general Not later than 120 days after receiving a request that meets the requirements of paragraph (2) with respect to whether a foreign person is described in subsection (a), the President shall— (A) determine if that person is so described; and (B) submit a classified or unclassified report to the chairperson and ranking member of the committee or committees that submitted the request with respect to that determination that includes— (i) a statement of whether or not the President imposed or intends to impose sanctions with respect to the person; and (ii) if the President imposed or intends to impose sanctions, a description of those sanctions. (2) Requirements A request under paragraph (1) with respect to whether a foreign person is described in subsection (a) shall be submitted to the President in writing jointly by the chairperson and ranking member of one of the appropriate congressional committees. (e) Exception To comply with United Nations headquarters agreement and law enforcement objectives Sanctions under subsection (b)(1) shall not apply to an individual if admitting the individual into the United States— (1) would further important law enforcement objectives; or (2) is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations of the United States. (f) Enforcement of blocking of property A person that violates, attempts to violate, conspires to violate, or causes a violation of subsection (b)(2) or any regulation, license, or order issued to carry out that subsection shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (g) Reports required Not later than 120 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report that includes— (1) a list of each foreign person with respect to which the President imposed sanctions under subsection (b) during the year preceding the submission of the report; (2) a description of the type of sanctions imposed with respect to each such person; (3) the number of foreign persons with respect to which the President— (A) imposed sanctions under subsection (b) during that year; or (B) terminated sanctions under subsection (h) during that year; (4) the dates on which such sanctions were imposed or terminated, as the case may be; (5) the reasons for imposing or terminating such sanctions; and (6) a description of the efforts of the President to encourage the governments of other countries to impose sanctions that are similar to the sanctions authorized by this section. (h) Termination of sanctions The President may terminate the application of sanctions under this section with respect to a person if the President determines and reports to the appropriate congressional committees not later than 15 days before the termination of the sanctions that— (1) credible information exists that the person did not engage in the activity for which sanctions were imposed; (2) the person has been prosecuted appropriately for the activity for which sanctions were imposed; or (3) the termination of the sanctions is in the national security interests of the United States. (i) Regulatory authority The President shall issue such regulations, licenses, and orders as are necessary to carry out this section. (j) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Banking, Housing, and Urban Affairs and the Committee on Foreign Relations of the Senate; and (B) the Committee on Financial Services and the Committee on Foreign Affairs of the House of Representatives. (2) Foreign person The term foreign person means a person that is not a United States person. (3) Person The term person means an individual or entity. (4) Public health emergency of international concern The term public health emergency of international concern means a public health emergency determined to be a public health emergency of international concern by the World Health Organization. (5) United states person The term United States person means— (A) an individual who is a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity; or (C) any person in the United States. | https://www.govinfo.gov/content/pkg/BILLS-117s1987is/xml/BILLS-117s1987is.xml |
117-s-1988 | II 117th CONGRESS 1st Session S. 1988 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Manchin (for himself, Ms. Ernst , Mrs. Shaheen , and Mr. Moran ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title XVIII of the Social Security Act to protect access to telehealth services under the Medicare program.
1. Short title This Act may be cited as the Protecting Rural Telehealth Access Act . 2. Elimination of restrictions relating to telehealth services (a) Elimination of geographic requirements for originating sites Section 1834(m)(4)(C) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C) ) is amended— (1) in clause (i), in the matter preceding subclause (I), by inserting and clause (iii) after and (7) ; and (2) by adding at the end the following new clause: (iii) Elimination of geographic requirements for originating sites The geographic requirements described in clause (i) shall not apply with respect to telehealth services furnished on or after January 1, 2021. . (b) Elimination of restrictions in which telehealth services may be furnished in the home Section 1834(m)(4)(C)(ii)(X) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(C)(i)(X) is amended to read as follows:. (X) (aa) For the period beginning on the date of the enactment of this subclause and ending on December 31, 2020, the home of an individual but only for purposes of section 1881(b)(3)(B) or telehealth services described in paragraph (7). (bb) For the period beginning on or after January 1, 2021, the home of an individual. . (c) Elimination of restrictions on store-and-Forward technologies The second sentence of section 1834(m)(1) of the Social Security Act ( 42 U.S.C. 1395m(m)(1) ) is amended by striking in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii, . 3. Telehealth flexibilities for critical access hospitals Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended— (1) in the first sentence of paragraph (1), by striking paragraph (8) and inserting paragraphs (8) and (9) ; (2) in paragraph (2)(A), by striking paragraph (8) and inserting paragraphs (8) and (9) ; (3) in paragraph (4)— (A) in subparagraph (A), by striking paragraph (8) and inserting paragraphs (8) and (9) ; (B) in subparagraph (F)(i), by striking paragraph (8) and inserting paragraphs (8) and (9) ; and (4) by adding at the end the following new paragraph: (9) Telehealth flexibilities for critical access hospitals (A) In general On or after the date of the enactment of this paragraph— (i) the Secretary shall pay for telehealth services that are furnished via a telecommunications system by a critical access hospital, including any practitioner authorized to provide such services within the facility, that is a qualified provider (as defined in subparagraph (B)) to an eligible telehealth individual enrolled under this part notwithstanding that the critical access hospital providing the telehealth service is not at the same location as the beneficiary, if such services complement a plan of care that includes in-person care at some point, as may be appropriate; (ii) the amount of payment to a critical access hospital that serves as a distant site for such a telehealth service shall be determined under subparagraph (C); and (iii) for purposes of this subsection— (I) the term distant site includes a critical access hospital that furnishes a telehealth service to an eligible telehealth individual; and (II) the term telehealth services includes behavioral health services and any other outpatient critical access hospital service that is furnished using telehealth to the extent that payment codes corresponding to services identified by the Secretary under clause (i) or (ii) of paragraph (4)(F) are listed on the corresponding claim for such critical access hospital service. (B) Definition of qualified provider For purposes of this subsection, the term qualified provider means, with respect to a telehealth service described in subparagraph (A)(i) that is furnished to an eligible telehealth individual, a critical access hospital that has an established patient relationship with such individual as defined by the State in which the individual is located. (C) Payment The amount of payment to a critical access hospital that serves as a distant site that furnishes a telehealth service to an eligible telehealth individual under this paragraph shall be equal to 101 percent of the reasonable costs of the hospital in providing such services, unless the hospital makes an election under paragraph (2) of section 1834(g) to be paid for such services based on the methodology described in such paragraph. Telehealth services furnished by a critical access hospital shall be counted for purposes of determining the provider productivity rate of the critical access hospital for purposes of payment under such section. (D) Implementation Notwithstanding any other provision of law, the Secretary may implement this paragraph through program instruction, interim final rule, or otherwise. . 4. Extending Medicare telehealth flexibilities for Federally qualified health centers and rural health clinics Section 1834(m)(8) of the Social Security Act ( 42 U.S.C. 1395m(m)(8) ) is amended— (1) in the paragraph heading by striking during emergency period ; (2) in subparagraph (A), in the matter preceding clause (i), by inserting and after such emergency period after 1135(g)(1)(B) ; (3) by striking subparagraph (B) and inserting the following: (B) Payment (i) In general A telehealth service furnished by a Federally qualified health center or a rural health clinic to an eligible telehealth individual pursuant to this paragraph or after the date of the enactment of this subparagraph shall be reimbursed under this title at a separate telehealth payment rate as determined under the methodology established by the Secretary pursuant to clause (ii). (ii) Payment methodology The Secretary shall establish a methodology for determining the appropriate payment rate for telehealth services described in clause (i). Such methodology shall consider— (I) the geography of Federally qualified health centers and rural health clinics; (II) costs associated with the delivery of such telehealth services as allowable costs for the center or clinic; and (III) the full cost of providing the services via telehealth. (iii) Implementation (I) Coding system The Secretary shall establish an effective coding system for telehealth services described in clause (i) that is reflective of the services provided at a center or clinic. (II) Implementation Notwithstanding any other provision of law, the Secretary may implement this subparagraph through program instruction, interim final rule, or otherwise. ; and (4) by adding at the end the following new subparagraph: (C) Requirement during additional period (i) In general Beginning on the first day after the end of the emergency period described in section 1135(g)(1)(B), payment may only be made under this paragraph for a telehealth service described in subparagraph (A)(i) that is furnished to an eligible telehealth individual if such service is furnished by a qualified provider (as defined in clause (ii)). (ii) Definition of qualified provider For purposes of this subparagraph, the term qualified provider means, with respect to a telehealth service described in subparagraph (A)(i) that is furnished to an eligible telehealth individual, a Federally qualified health center or rural health clinic that has an established patient relationship with such individual as defined by the State in which the individual is located. . 5. Allowance of certain telehealth services furnished using audio-only technology Section 1834(m)(4) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) ) of the Social Security Act ( 42 U.S.C. 1395m(m)(4) ) is amended by adding at the end the following new subparagraph: (G) Telecommunications system (i) In general Notwithstanding paragraph (1) and section 410.78(a)(3) of title 42, Code of Federal Regulations (or any successor regulation), subject to clause (v), the term telecommunications system includes, in the case of the furnishing of a specified telehealth service (as defined in clause (ii)) a communications system that uses audio-only technology. (ii) Specified telehealth service In this subparagraph, the term specified telehealth service means a telehealth service described in clause (iii) that is furnished by a qualified provider (as defined in clause (iv)). (iii) Telehealth service described A telehealth service described in this clause is a telehealth service consisting of— (I) evaluation and management services; (II) behavioral health counseling and educational services; and (III) other services determined appropriate by the Secretary. (iv) Qualified provider defined (I) In general For purposes of clause (ii), the term qualified provider means, with respect to a specified telehealth service that is furnished to an eligible telehealth individual— (aa) a physician or practitioner who has an established patient relationship with such individual as defined by the State in which the individual is located; or (bb) a critical access hospital (as defined in section 1861(mm)(1)), a rural health clinic (as defined in section 1861(aa)(2)), a Federally qualified health center (as defined in section 1861(aa)(4)), a hospital (as defined in section 1861(e)), a hospital-based or critical access hospital-based renal dialysis center (including satellites), a skilled nursing facility (as defined in section 1819(a)), a community mental health center (as defined in section 1861(ff)(3)(B)), or a rural emergency hospital (as defined in section 1861(kkk)(2)). (v) Authority For purposes of this subparagraph, the Secretary may determine whether it is clinically appropriate to furnish a specified telehealth service via a communications system that uses audio-only technology and whether an in-person initial visit (in addition to any requirement with respect to the furnishing of an item or service in person pursuant to clause (iv)(I)) is required prior to the furnishing of such service using such technology. (vi) Clarification regarding payment The amount of payment for a specified telehealth service that is furnished using audio-only technology shall be equal to the amount that would have been paid for such service under this subsection had such service been furnished via any other telecommunications system authorized under this subsection. . 6. Sense of Congress regarding expansion of eligible practitioners that may furnish telehealth services It is the sense of Congress that the expansion of eligible practitioners that may furnish telehealth services (as defined in section 1834(m)(4)(F) of the Social Security Act ( 42 U.S.C. 1395m(m)(4)(F) )) during the emergency period described in section 1135(g)(1)(B) of such Act ( 42 U.S.C. 1320b–5(g)(1)(B) ) should be extended on a permanent basis. | https://www.govinfo.gov/content/pkg/BILLS-117s1988is/xml/BILLS-117s1988is.xml |
117-s-1989 | II 117th CONGRESS 1st Session S. 1989 IN THE SENATE OF THE UNITED STATES June 9, 2021 Ms. Warren (for herself, Mr. Markey , Mr. Wyden , Mr. Whitehouse , Mr. Van Hollen , Ms. Hirono , Ms. Duckworth , Mr. Blumenthal , Mrs. Gillibrand , Mr. Sanders , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reform pattern or practice investigations conducted by the Department of Justice, and for other purposes.
1. Short title This Act may be cited as the Enhancing Oversight to End Discrimination in Policing Act . 2. Consent decree procedures (a) In general The Attorney General, acting through the Assistant Attorney General of the Civil Rights Division of the Department of Justice, shall— (1) modify the procedures for civil consent decrees and consent agreements in civil litigation with State and local governmental entities arising from pattern or practice investigations under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ) to ensure that— (A) the use of consent decrees and consent agreements foster the creation and use of remedies that are not limited to law enforcement reforms, such as mental health support or community-based restorative justice mechanisms; and (B) community oversight requirements, such as a community oversight body described in subsection (b), are incorporated, when possible, into the terms of consent decrees and consent agreements; and (2) in carrying out paragraph (1)(A), request guidance from the heads of other relevant agencies, such as the Secretary of Housing and Urban Development and the Secretary of Health and Human Services, on the efficacy of the alternative remedies described in paragraph (1)(A). (b) Community oversight body described A community oversight body described in this subsection is an oversight entity that— (1) is comprised of individuals who— (A) represent the communities and organizations within the State or unit of local government to which the consent decree or consent agreement applies; and (B) do not work, or have not previously worked, in a law enforcement capacity; and (2) has a role of— (A) ensuring compliance with the provisions of the consent decree or consent agreement; and (B) fostering transparency in the administration and personnel of the law enforcement agency; and (3) has the authority to— (A) ask questions of the law enforcement agency; (B) obtain documents, data, and information from the law enforcement agency; and (C) make recommendations— (i) for modifications to the provisions of the consent decree or consent agreement, as necessary; and (ii) to the law enforcement agency or governmental officials overseeing the agency about changes in policing services. 3. Funding for pattern or practice investigations (a) Additional funding There are authorized to be appropriated, in addition to any other amounts authorized, $445,000,000 to the Civil Rights Division of the Department of Justice for each of fiscal years 2021 through 2030, of which not less than $100,000,000 shall be made available each fiscal year for enforcement and technical assistance under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ). (b) Unlawful conduct Section 210401(a) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601(a) ) is amended by inserting including a prosecutor, court, or other agency involved in the administration of justice, before to engage . (c) Authority for State investigations Section 210401(b) of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601(b) ) is amended— (1) by inserting (1) Federal enforcement .— before Whenever ; (2) in paragraph (1), as so designated, by striking paragraph (1) and inserting subsection (a) ; and (3) by adding at the end the following: (2) State enforcement (A) In general Whenever an attorney general of a State has reasonable cause to believe that a violation of subsection (a) has occurred by a governmental authority, or agent thereof, of the State, including a prosecutor or other agency involved in the administration of justice, the attorney general, or another official or agency designated by a State, may in a civil action brought in any appropriate district court of the United States obtain appropriate equitable and declaratory relief to eliminate the pattern or practice. (B) Prevention of conflicts of interest (i) In general No official or agency may be designated under subparagraph (A) if— (I) upon such designation, the Attorney General determines there is reason to believe— (aa) the official or agency would be unable to conduct an independent investigation; or (bb) a conflict of interest between the official or agency and the jurisdiction under investigation exists; or (II) the official is employed by or the agency is within, as the case may be, the jurisdiction under investigation. (ii) Independent organization required In the case of a jurisdiction under investigation that is a State-wide office, an independent organization that is unaffiliated with State or local government shall be designated under subparagraph (A). (C) Technical assistance The Attorney General shall provide technical assistance and training to States and units of local government to assist States and units of local governments in carrying out pattern or practice investigations and cases. (D) Rule of construction Nothing in this paragraph shall be construed to preclude a Federal investigation or other enforcement under this section during the course of a State-led investigation or claim. . (d) Grant program (1) State defined In this subsection, the term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (2) Authorization The Attorney General may award grants to States to assist such States in pursuing pattern or practice investigations and cases under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ). (3) Use of funds A grant awarded under this subsection may be used by a State to— (A) conduct pattern or practice investigations and cases under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ); (B) implement and enforce law enforcement reforms to address patterns and practices identified under such section 210401; and (C) develop non-law enforcement programs that reduce dependence on law enforcement agencies, such as funding social workers or behavioral health crisis experts. (4) Application To be eligible to receive a grant under this subsection, a State shall submit an application to the Attorney General that— (A) contains clearly defined and measurable objectives for the grant funds; (B) describes how the State intends to use the grant funds to pursue, implement, and enforce pattern or practice investigations and cases under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ); (C) outlines the qualifications and training of the attorneys, staff, and other personnel who are, or who may be, assigned to lead or assist pattern or practice investigations and cases; and (D) demonstrates how the State will remedy patterns or practices of unlawful law enforcement conduct through the creation of community-based programs designed to address underlying challenges leading to law enforcement interaction. (5) Required reporting (A) Grantee reporting In each fiscal year a State receives a grant under this subsection, the State shall submit to the Attorney General a report detailing— (i) how the grant funds were used; and (ii) the progress made towards addressing patterns and practices identified under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ). (B) Reports to Congress Not later than 1 year after the date of enactment of this Act, and once each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the grant program established under this subsection, which shall include— (i) a detailed summary of how grant funds awarded under the grant program were used; and (ii) recommendations, if any, for improvements needed for the grant program. (6) Authorization of appropriations There are authorized to be appropriated to the Attorney General $150,000,000 for each of fiscal years 2021 through 2030 to carry out this subsection. | https://www.govinfo.gov/content/pkg/BILLS-117s1989is/xml/BILLS-117s1989is.xml |
117-s-1990 | II 117th CONGRESS 1st Session S. 1990 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Scott of Florida (for himself, Mr. Cruz , Mr. Braun , Mr. Barrasso , Ms. Ernst , Mrs. Blackburn , Mr. Tuberville , Mr. Johnson , and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To establish processes to control inflationary pressures and the Federal debt, during Federal debt emergencies.
1. Short title This Act may be cited as the Federal Debt Emergency Control Act of 2021 . 2. Definitions In this Act— (1) the terms budget year and current year have the meanings given those terms in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ; (2) the term eligible bill means a bill introduced in the House of Representatives or Senate— (A) during a Federal debt emergency period; (B) the title of which is To provide for deficit reduction under the Federal Debt Emergency Control Act of 2021 . ; (C) that, if enacted, would result in a reduction of the deficit of not less than 5 percent during the 10-fiscal-year period following the current fiscal year; and (D) that does not increase the rate of any Federal tax or increase any fee paid to the Federal Government; (3) the term Federal debt emergency period means the fiscal year following a fiscal during which the amount of the debt of the Federal Government held by the public exceeded the gross domestic product of the United States for that fiscal year; (4) the term outlays has the meaning given that term in section 3 of the Congressional Budget and Impoundment Control Act of 1974 ( 2 U.S.C. 621 ); and (5) the term stimulus spending means amounts made available under— (A) the Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ; 134 Stat 146); (B) the Families First Coronavirus Response Act ( Public Law 116–127 ; 134 Stat. 178); (C) the CARES Act ( Public Law 116–136 ; 134 Stat. 281); (D) the Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ; 134 Stat. 620); (E) division N (relating to additional coronavirus response and relief) of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ); or (F) the American Rescue Plan Act of 2021 ( Public Law 117–2 ). 3. Federal debt emergency control (a) Termination of unspent stimulus spending in a Federal debt emergency Effective on the first day of the first Federal debt emergency period, as determined by the Director of the Office of Management and Budget, the unobligated balances of all stimulus spending are rescinded and shall be returned to the general fund of the Treasury. (b) Self-Financing of legislation increasing spending during a Federal debt emergency (1) Point of order During a Federal debt emergency period, it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that (excluding changes in Federal tax revenue, if any) would— (A) increase outlays, relative to the most recent baseline under section 257 of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 907 ) over the period of the current year, the budget year, and the ensuing 9 fiscal years; or (B) increase the deficit over the period of the current year, the budget year, and the ensuing 9 fiscal years. (2) Determination The determination of the existence of a Federal debt emergency period, outlays, and the deficit for purposes of paragraph (1) shall be based on estimates provided by the Congressional Budget Office. (3) Waiver and appeal Paragraph (1) may be waived or suspended in the Senate only by an affirmative vote of two thirds of the Members, duly chosen and sworn. An affirmative vote of two thirds of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of the ruling of the Chair on a point of order raised under paragraph (1). (4) Exercise of rulemaking powers Congress adopts the provisions of this subsection— (A) as an exercise of the rulemaking power of the Senate, and as such they shall be considered as part of the rules of the Senate, and such rules shall supersede other rules only to the extent that they are inconsistent with such other rules; and (B) with full recognition of the constitutional right of the Senate to change those rules (insofar as they relate to the Senate) at any time, in the same manner, and to the same extent as is the case of any other rule of the Senate. 4. Expedited consideration of deficit reducing bills (a) Consideration in the house of representatives (1) Referral and reporting Any committee of the House of Representatives to which an eligible bill is referred shall report it to the House without amendment not later than 30 days after the date on which the eligible bill is introduced. If a committee fails to report an eligible bill within that period, it shall be in order to move that the House discharge the committee from further consideration of the bill. Such a motion shall not be in order after the last committee authorized to consider the bill reports it to the House or after the House has disposed of a motion to discharge the bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House shall proceed immediately to consider the eligible bill in accordance with paragraphs (2) and (3). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (2) Proceeding to consideration After the last committee authorized to consider an eligible bill reports it to the House or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the eligible bill in the House. Such a motion shall not be in order after the House has disposed of a motion to proceed with respect to the eligible bill. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration An eligible bill shall be considered as read. All points of order against an eligible bill and against its consideration are waived. The previous question shall be considered as ordered on an eligible bill to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent and one motion to limit debate on the eligible bill. A motion to reconsider the vote on passage of an eligible bill shall not be in order. (4) Vote on passage The vote on passage of an eligible bill shall occur not later than 30 days after the date on which the eligible bill is introduced. (b) Expedited procedure in the Senate (1) Committee consideration An eligible bill introduced in the Senate shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the bill without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 30 days after the date on which the eligible bill is introduced. If any committee fails to report an eligible bill within that period, that committee shall be automatically discharged from consideration of the eligible bill, and the eligible bill shall be placed on the appropriate calendar. (2) Motion to proceed Notwithstanding Rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which an eligible bill is reported or discharged from all committees to which it was referred, for the majority leader of the Senate or the majority leader’s designee to move to proceed to the consideration of the eligible bill. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the eligible bill at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to an eligible bill are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of an eligible bill is agreed to, the eligible bill shall remain the unfinished business until disposed of. (3) Consideration All points of order against an eligible bill and against consideration of the eligible bill are waived. Consideration of an eligible bill and of all debatable motions and appeals in connection therewith shall not exceed a total of 30 hours which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate on an eligible bill is in order, shall require an affirmative vote of three-fifths of the Members duly chosen and sworn, and is not debatable. Any debatable motion or appeal is debatable for not to exceed 1 hour, to be divided equally between those favoring and those opposing the motion or appeal. All time used for consideration of an eligible, including time used for quorum calls and voting, shall be counted against the total 30 hours of consideration. (4) No amendments An amendment to an eligible bill, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the eligible bill, is not in order. (5) Vote on passage If the Senate has voted to proceed to an eligible bill, the vote on passage of the eligible bill shall occur immediately following the conclusion of the debate on the eligible bill, and a single quorum call at the conclusion of the debate if requested. The vote on passage of an eligible bill shall occur not later than 30 days after the date on which the eligible bill is introduced. (6) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to an eligible bill shall be decided without debate. (c) Amendment An eligible bill shall not be subject to amendment in either the House of Representatives or the Senate. (d) Consideration by the other house (1) In general If one House receives from the other an eligible bill— (A) the eligible bill of the other House shall not be referred to a committee; and (B) the eligible bill of the other House shall be entitled to expedited floor procedures under this section. (2) Revenue measure This subsection shall not apply to the House of Representatives if an eligible bill received from the Senate is a revenue measure. (e) Vetoes If the President vetoes an eligible bill, debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (f) Loss of privilege The provisions of this section shall only apply to an eligible bill during a Federal debt emergency period. (g) Rulemaking The provisions of this section are enacted by Congress— (1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they shall be considered as part of the rules of each House, respectively, or of that House to which they specifically apply, and such rules shall supersede other rules only to the extent that they are inconsistent therewith; and (2) with full recognition of the constitutional right of either House to change such rules (so far as relating to such House) at any time, in the same manner, and to the same extent as in the case of any other rule of such House. | https://www.govinfo.gov/content/pkg/BILLS-117s1990is/xml/BILLS-117s1990is.xml |
117-s-1991 | II 117th CONGRESS 1st Session S. 1991 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Van Hollen (for himself and Mr. Young ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To authorize a new type of housing choice voucher to help achieve the goals of ending homelessness among families with children, increasing housing opportunities, and improving life outcomes of poor children.
1. Short title This Act may be cited as the Family Stability and Opportunity Vouchers Act of 2021 . 2. Family stability and opportunity vouchers Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as amended by section 101(b)(2)(B) of division Q of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ), is amended by adding at the end the following: (22) Family stability and opportunity vouchers (A) Definitions In this paragraph: (i) The term area of concentrated poverty means a census tract in which the poverty rate is not less than 30 percent, as most recently determined by the Bureau of the Census. (ii) The term at risk of homelessness has the meaning given the term in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (iii) The term eligible family means a family that— (I) includes a pregnant woman or a child under the age of 6; (II) meets all applicable eligibility requirements under this subsection; and (III) is— (aa) homeless; (bb) unstably housed; (cc) living in an area of concentrated poverty; or (dd) at risk of displacement from— (AA) an opportunity area for children; or (BB) an area rapidly transitioning to become an opportunity area for children. (iv) The term high-performing school shall have the meaning given the term by the Secretary, using the best available evidence. (v) The term homeless has the meaning given the term in section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ). (vi) The term opportunity area for children shall have the meaning given the term by the Secretary, using the best available evidence. (vii) The term unstably housed , with respect to a family, means a family who— (I) is at risk of homelessness; (II) has moved not less than twice during the 12-month period ending on the date on which a public housing agency selects the family from a waiting list to receive assistance under this paragraph; (III) is living in a unit not accessible to a disabled family member; (IV) is fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, or stalking; or (V) is living in housing conditions that are dangerous or life-threatening. (B) Competitive award (i) In general In each fiscal year for which amounts are authorized to be appropriated under subparagraph (F), the Secretary shall provide assistance to public housing agencies on a competitive basis to be used for— (I) incremental vouchers for eligible families; and (II) additional fees for the cost to the public housing agencies of providing mobility-related services to eligible families. (ii) Selection For the second fiscal year in which the Secretary provides assistance under this paragraph, and each fiscal year thereafter, in selecting public housing agencies to receive assistance under this paragraph, the Secretary shall— (I) consider the performance of public housing agencies in implementing this paragraph; and (II) give preference to public housing agencies that partner with organizations that provide home visiting services, such as the services authorized under section 511 of the Social Security Act ( 42 U.S.C. 711 ) or locally funded initiatives, if those services are available in the service area of the public housing agency. (C) Services required to be offered to families receiving vouchers (i) In general A public housing agency that receives assistance under this paragraph— (I) shall offer, to each eligible family that the agency selects to receive a voucher, mobility-related services to help the family move to an opportunity area for children with access to— (aa) a high-performing school; or (bb) high-quality childcare and early education; (II) may not require an eligible family to participate in the mobility-related services described in subclause (I) as a condition of receipt of a voucher; and (III) shall adopt mobility-related policies, to be specified by the Secretary. (ii) Minimum assortment of services and policies The Secretary shall establish a minimum assortment of types of mobility-related services that a public housing agency shall offer, and mobility-related policies that a public housing agency shall adopt, under clause (i) based on promising practices and evidence of the effectiveness of the services and policies. (iii) Specific services The types of mobility-related services required to be offered under clause (i)— (I) shall include a customized approach to enable a successful transition to opportunity areas for children; and (II) may include counseling and continued supportive services for families. (iv) Opportunity areas for children; high-performing schools; high-quality child care and early education The Secretary shall establish criteria for areas, schools, and child care and early education to qualify as opportunity areas for children, high-performing schools, and high-quality child care and early education, respectively. (v) Manner of providing services A public housing agency may provide mobility-related services as required under clause (i) directly or through a local partnership or contract. (D) Other requirements (i) Turnover Upon turnover of a voucher issued by a public housing agency using assistance received under this paragraph, the public housing agency shall issue the voucher to another eligible family under this paragraph. (ii) Recapture and reallocation by Secretary If a public housing agency that receives assistance to be used for vouchers under this paragraph determines that it no longer has an identified need for the assistance, the public housing agency shall notify the Secretary, who may recapture the assistance and reallocate the assistance in accordance with this paragraph. (iii) Relation to other laws Notwithstanding any other provision of law, with respect to a voucher authorized under this paragraph— (I) the Secretary may not waive any provision of this paragraph or subsection (r); and (II) subsection (b) of section 16 shall apply, except as provided under subsection (d) of that section. (E) Implementation (i) Definitions Not later than 180 days after the date of enactment of this paragraph, the Secretary shall publish a notice for public comment in the Federal Register that includes any definitions or other specifications required or authorized under this paragraph. (ii) Allocation of funding (I) Initial year For the first fiscal year for which amounts are appropriated to be provided to public housing agencies for incremental vouchers under this paragraph, the Secretary shall allocate the amounts to public housing agencies not later than 2 years after the date on which the amounts are appropriated. (II) Subsequent years For any fiscal year after the fiscal year described in subclause (I), the Secretary shall allocate amounts to public housing agencies for incremental vouchers under this paragraph not later than 180 days after the date on which the amounts are appropriated. (F) Authorization of appropriations There are authorized to be appropriated to the Secretary for each of fiscal years 2022 through 2026 such sums as may be necessary to provide assistance to public housing agencies under this paragraph to be used for— (i) not more than 100,000 incremental vouchers each fiscal year, as described in subparagraph (B)(i)(I); (ii) fees for the cost of administering the incremental vouchers described in subparagraph (B)(i)(I); and (iii) additional fees for mobility-related services, as described in subparagraph (B)(i)(II). . | https://www.govinfo.gov/content/pkg/BILLS-117s1991is/xml/BILLS-117s1991is.xml |
117-s-1992 | II 117th CONGRESS 1st Session S. 1992 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To adjust certain ownership and other requirements for passenger vessels, and for other purposes.
1. Short title This Act may be cited as the Open America's Ports Act . 2. Repeal of PVSA and adjustment of Jones Act requirements for passenger vessels (a) Repeal of PVSA domestic requirements Section 55103 of title 46, United States Code (commonly referred to as the Passenger Vessel Services Act of 1886 ), is repealed. (b) Adjustment of Jones Act requirements Chapter 121 of title 46, United States Code, is amended— (1) in section 12103, by adding at the end the following: (d) Nonapplicability The requirements of this section shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. ; (2) in section 12112(a)— (A) in paragraph (1), by inserting except in the case of a vessel described in subparagraph (C) of paragraph (2), before satisfies ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; and and inserting ; or ; and (iii) by adding at the end the following: (C) transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and ; and (3) in section 12121(b), by striking 55102, and 55103 and inserting and 55102 . (c) Adjustment of citizenship and Navy Reserve requirements Section 8103(k) of title 46, United States Code, is amended to read as follows: (k) Exemption for passenger vessels Subsections (a) and (b) shall not apply to any vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. . (d) Conforming amendments Chapter 551 of title 46, United States Code, is amended— (1) by repealing section 55104; and (2) in section 55121— (A) in the section heading, by striking and passengers ; (B) by striking subsection (a); (C) by striking (b) and all that follows through States.— ; and (D) by striking sections 55102 and 55103 of this title do and inserting section 55102 of this title does . 3. Adjustments relating to permits to land temporarily for alien crewmen Section 252(a) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a) ) is amended, in the matter preceding paragraph (1), by striking not to exceed— and all that follows through the period at the end of paragraph (2) and inserting “not to exceed the period of time during which the crewman is in possession of a valid, unexpired visa issued pursuant to such paragraph, if the immigration officer is satisfied that the crewman intends to depart— (1) on the vessel or aircraft on which the crewman arrived; or (2) on a vessel or aircraft other than the vessel or aircraft on which the crewman arrived. . 4. Rule of construction Nothing in the amendments made by this Act shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s1992is/xml/BILLS-117s1992is.xml |
117-s-1993 | II 117th CONGRESS 1st Session S. 1993 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend title 5, United States Code, to address the responsibilities of fiduciaries with respect to the Thrift Savings Fund, and for other purposes.
1. Short title This Act may be cited as the TSP Fiduciary Security Act . 2. Findings Congress finds the following: (1) The Federal Retirement Thrift Investment Board has a fiduciary duty to manage the Thrift Savings Fund in the best interest of the beneficiaries of the Fund. (2) The principal beneficiaries of the Thrift Savings Fund are the civil servants of the United States, and members of the uniformed services, who are tasked with defending the national security of the United States. (3) The duty of the Federal Retirement Thrift Investment Board to manage the Thrift Savings Fund in the best interests of the beneficiaries of the Fund includes a duty not to harm the national security of the United States. 3. Fiduciary responsibilities with respect to Thrift Savings Fund Section 8477 of title 5, United States Code, is amended— (1) in subsection (b)(1)— (A) in subparagraph (B), by striking ; and and inserting a semicolon; (B) in subparagraph (C), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (D) to the maximum extent practicable, by preventing the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, from harming the national security of the United States. ; and (2) in subsection (e), by adding at the end the following: (9) (A) Notwithstanding any other provision of this subsection, no fiduciary shall be personally liable for any monetary damages, or be assessed any civil penalty, under this subsection with respect to a breach of the requirement under subsection (b)(1)(D). (B) Subparagraph (A) shall cease to have effect beginning on January 1, 2025. . 4. Review of Thrift Savings Fund for compliance with fiduciary duties (a) In general Section 8477(f) of title 5, United States Code, is amended— (1) by inserting (1) after (f) ; and (2) by adding at the end the following: (2) (A) Not later than 1 year after the date of enactment of this paragraph, the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, shall prescribe regulations to carry out subsection (b)(1)(D) with respect to each of the following: (i) The investments of the Thrift Savings Fund, which shall include the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the investments of the Thrift Savings Fund (or portions thereof) shall be determined. (ii) The exercise of voting rights associated with the investments of the Thrift Savings Fund (or portions thereof). (B) The regulations prescribed under subparagraph (A)(ii) shall include— (i) the establishment of a process by which the exercise of voting rights described in subparagraph (A)(ii) shall be reviewed by the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, for compliance with subsection (b)(1)(D) with respect to the exercise of those rights; and (ii) the establishment of standards by which compliance with subsection (b)(1)(D) with respect to the exercise of voting rights described in subparagraph (A)(ii) shall be determined, including the factors contributing to a determination that a covered vote would not comply with subsection (b)(1)(D). (C) For the purposes of any regulation prescribed under subparagraph (A), the Secretary of Labor shall presume that— (i) an investment of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if the investment invests in— (I) an entity included on— (aa) the list of Communist Chinese military companies maintained under section 1237(b) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 ( 50 U.S.C. 1701 note); or (bb) the entity list maintained by the Bureau of Industry and Security of the Department of Commerce and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations; or (II) a parent, subsidiary, or affiliate of, or an entity controlled by, an entity described in subclause (I); and (ii) an exercise of voting rights associated with any investments of the Thrift Savings Fund (or portions thereof) does not comply with subsection (b)(1)(D) if that exercise of voting rights is a covered vote with respect to a proposal that would— (I) approve or ratify a transaction, including a transaction described in subparagraph (D)(ii)(I), that would cause, or would reasonably be expected to cause, an entity to which the covered vote applies to— (aa) breach any contract with the Federal Government to which the entity is a party, and under which the consideration provided to the entity over the course of the entire contract is more than $10,000,000, if the entity has otherwise complied with all applicable laws and regulations in fulfilling the responsibilities of the entity with respect to the contract; (bb) significantly reduce the production of, or the capital expenditure or research and development expenditure with respect to, any— (AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 )); or (BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 ); or (cc) outsource or substantially sell, whether to any affiliated entity or joint venture, or by contract, to any entity located in a covered country, any— (AA) industrial resources, critical technology items, or materials that are essential to the national defense (as those terms are defined in section 702 of the Defense Production Act of 1950 ( 50 U.S.C. 4552 )); or (BB) emerging and foundational technology identified by the President under section 1758 of the Export Controls Act of 2018 ( 50 U.S.C. 4817 ); or (II) elect to the board of directors of any entity an individual who— (aa) is a director, officer, employee, or affiliate of any entity described in clause (i)(I); (bb) at any time during the 5-year period preceding the date on which that election occurs, was as described in item (aa); or (cc) a reasonable investor would believe supports any proposal described in subclause (I). (D) In this paragraph— (i) the term covered country means— (I) the People’s Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, and Cuba; (II) any country, the government of which the Secretary of State determines has provided support for international terrorism pursuant to— (aa) section 1754(c)(1)(A) of the Export Controls Act of 2018 ( 50 U.S.C. 4813(c)(1)(A) ); (bb) section 620A of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371 ); (cc) section 40 of the Arms Export Control Act ( 22 U.S.C. 2780 ); or (dd) any other provision of law; and (III) any other country that the Secretary of Labor, in consultation with the Secretary of Defense, the Attorney General, the Secretary of Homeland Security, and the Secretary of the Treasury, designates as posing an undue or unnecessary risk to the national security of the United States; and (ii) the term covered vote means a vote in favor of (or an abstention with respect to) a proposal to— (I) approve or ratify a transaction involving an entity, including— (aa) any sale of, or other disposition of (whether in a single or a series of transactions) assets or capital stock; and (bb) any merger, consolidation, joint venture, partnership, spin-off, reverse spin-off, dissolution, restructuring, recapitalization, liquidation, or any other business combination or strategic transaction; or (II) elect an individual to the board of directors of the entity that is the subject of the proposal. . (b) Review of exercise of voting rights; report to Congress Section 8438 of title 5, United States Code, is amended— (1) in subsection (f)— (A) by inserting (1) after (f) ; and (B) by adding at the end the following: (2) For the purposes of paragraph (1), a review of the exercise of voting rights for compliance with section 8477(b)(1)(D), including under the regulations prescribed under section 8477(f)(2), shall not be considered to be the exercise of voting rights associated with the ownership of securities by the Thrift Savings Fund. ; and (2) by adding at the end the following: (i) Not later than 2 years after the date of enactment of this subsection, and annually thereafter, the Secretary of Labor 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 regarding— (1) for the year covered by the report, the investments of the Thrift Savings Fund (or portions thereof), and the exercise of voting rights associated with any such investments, that have been reviewed for compliance with section 8477(b)(1)(D); and (2) the outcome with respect to enforcement of each review conducted under paragraph (1) and a justification for that outcome. . | https://www.govinfo.gov/content/pkg/BILLS-117s1993is/xml/BILLS-117s1993is.xml |
117-s-1994 | II 117th CONGRESS 1st Session S. 1994 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To enable passenger vessels that were not built in the United States to receive coastwise endorsement, and for other purposes.
1. Short title This Act may be cited as the Protecting Jobs in American Ports Act . 2. Coastwise endorsement for passenger vessels (a) In general Section 12112(a)(2)(B) of title 46, United States Code, is amended— (1) in clause (ii), by striking ; or and inserting a semicolon; (2) in clause (iii), by striking ; and and inserting ; or ; and (3) by adding at the end the following: (iv) is a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and . (b) Conforming amendment Section 12121 of title 46, United States Code, is repealed. (c) Rule of construction Nothing in the amendments made by this section shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s1994is/xml/BILLS-117s1994is.xml |
117-s-1995 | II 117th CONGRESS 1st Session S. 1995 IN THE SENATE OF THE UNITED STATES June 9, 2021 Ms. Cantwell (for herself and Mr. Wicker ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Dingell-Johnson Sport Fish Restoration Act with respect to sport fish restoration and recreational boating safety, and for other purposes.
1. Short title This Act may be cited as the Sport Fish Restoration and Recreational Boating Safety Act of 2021 . 2. Findings Congress finds that— (1) the Sport Fish Restoration and Boating Trust Fund established by section 9504(a) of the Internal Revenue Code of 1986 (referred to in this section as the Trust Fund ) was established in 1950 to provide dedicated funding for aquatic conservation and boating safety; (2) the Trust Fund is a user fee-public benefit system funded through motorboat fuel tax receipts, import duties, and excise taxes on small engines, fishing equipment, and electric motors; (3) the Trust Fund provides nearly $650,000,000 annually for recreational infrastructure projects, coastal wetlands restoration, and boating safety and conservation programs in all 50 States; (4) since 2010, more than 28,000 acres of habitats have been restored and improved throughout coastal wetland ecosystems, which not only serve a critical role in conservation, but provide a significant economic benefit to coastal communities; (5) the recreational boating and angling community, as well as State agencies, recognize the significant increase in the use of nonmotorized, human-propelled vessels in recent years; and (6) growth of the human-propelled vessel community has required the Coast Guard and State agencies to use significant resources to address human-propelled vessel infrastructure, boating safety, law enforcement, and search and rescue needs, all of which are paid for by the Trust Fund. 3. Division of annual appropriations (a) In general Section 4 of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777c ) is amended— (1) in subsection (a), by striking 2021 and inserting 2026 ; (2) in subsection (b)— (A) in paragraph (1)— (i) in subparagraph (A), by striking 2021 and inserting 2026 ; and (ii) by striking subparagraph (B) and inserting the following: (B) Available amounts The available amount referred to in subparagraph (A) is— (i) for the fiscal year that includes the date of enactment of the Sport Fish Restoration and Recreational Boating Safety Act of 2021 , the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fiscal year; and (II) $979,500; and (ii) for each fiscal year thereafter, the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fiscal year; and (II) the product obtained by multiplying— (aa) the available amount specified in this subparagraph for the preceding fiscal year; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking 2016 through 2021 and inserting 2022 through 2026 ; and (ii) by striking subparagraph (B) and inserting the following: (B) Available amounts The available amount referred to in subparagraph (A) is— (i) for fiscal year 2022, $12,786,434; and (ii) for fiscal year 2023 and each fiscal year thereafter, the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fiscal year; and (II) the product obtained by multiplying— (aa) the available amount specified in this subparagraph for the preceding fiscal year; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ; and (3) in subsection (e)(2), by striking $900,000 and inserting $1,300,000 . (b) Administration Section 9(a) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777h(a) ) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) personnel costs of employees for the work hours of each employee spent directly administering this Act, as those hours are certified by the supervisor of the employee; ; (2) by redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively; (3) in paragraph (2) (as so redesignated), by striking paragraphs (1) and (2) and inserting paragraph (1) ; (4) in paragraph (4)(B) (as so redesignated), by striking full-time equivalent employee authorized under paragraphs (1) and (2) and inserting employee authorized under paragraph (1) ; (5) in paragraph (8)(A) (as so redesignated), by striking on a full-time basis ; and (6) in paragraph (10) (as so redesignated)— (A) by inserting or part-time after full-time ; and (B) by inserting , subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this Act may not exceed the percentage of the work hours of the employee that are spent administering this Act after incurred . (c) Other activities Section 14(e) of the Dingell-Johnson Sport Fish Restoration Act ( 16 U.S.C. 777m(e) ) is amended by adding at the end the following: (3) A portion, as determined by the Sport Fishing and Boating Partnership Council, of funds disbursed for the purposes described in paragraph (2) but remaining unobligated as of October 1, 2021, shall be used to study the impact of derelict vessels and identify recyclable solutions for recreational vessels. . (d) Recreational boating safety Section 13107(c)(2) of title 46, United States Code, is amended by striking No funds available and inserting On or after October 1, 2024, no funds available . 4. Wildlife restoration fund administration (a) Allocation and apportionment of available amounts Section 4(a) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669c(a) ) is amended— (1) in paragraph (1), by striking subparagraph (B) and inserting the following: (B) Available amounts The available amount referred to in subparagraph (A) is— (i) for the fiscal year that includes the date of enactment of the Sport Fish Restoration and Recreational Boating Safety Act of 2021 , the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fiscal year; and (II) $979,500; and (ii) for each fiscal year thereafter, the sum obtained by adding— (I) the available amount specified in this subparagraph for the preceding fiscal year; and (II) the product obtained by multiplying— (aa) the available amount specified in this subparagraph for the preceding fiscal year; and (bb) the change, relative to the preceding fiscal year, in the Consumer Price Index for All Urban Consumers published by the Department of Labor. ; and (2) in paragraph (2)— (A) in subparagraph (A), by inserting subsequent before fiscal year. ; and (B) by striking subparagraph (B) and inserting the following: (B) Apportionment of unobligated amounts (i) In general Not later than 60 days after the end of a fiscal year, the Secretary of the Interior shall apportion among the States any of the available amount under paragraph (1) that remained available for obligation pursuant to subparagraph (A) during that fiscal year and remains unobligated at the end of that fiscal year. (ii) Requirement The available amount apportioned under clause (i) shall be apportioned on the same basis and in the same manner as other amounts made available under this Act were apportioned among the States for the fiscal year in which the amount was originally made available. . (b) Authorized expenses for administration Section 9(a) of the Pittman-Robertson Wildlife Restoration Act ( 16 U.S.C. 669h(a) ) is amended— (1) by striking paragraphs (1) and (2) and inserting the following: (1) personnel costs of employees for the work hours of each employee spent directly administering this Act, as those hours are certified by the supervisor of the employee; ; (2) by redesignating paragraphs (3) through (12) as paragraphs (2) through (11), respectively; (3) in paragraph (2) (as so redesignated), by striking paragraphs (1) and (2) and inserting paragraph (1) ; (4) in paragraph (4)(B) (as so redesignated), by striking full-time equivalent employee authorized under paragraphs (1) and (2) and inserting employee authorized under paragraph (1) ; (5) in paragraph (8)(A) (as so redesignated), by striking on a full-time basis ; and (6) in paragraph (10) (as so redesignated)— (A) by inserting or part-time after full-time ; and (B) by inserting , subject to the condition that the percentage of the relocation expenses paid with funds made available pursuant to this Act may not exceed the percentage of the work hours of the employee that are spent administering this Act after incurred . 5. Recreational boating access (a) In general Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Sport Fishing and Boating Partnership Council, the Committee on Natural Resources and the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation and the Committee on Environment and Public Works of the Senate a report that, to the extent practicable, given available data, shall document— (1) the use of nonmotorized vessels in each State and how the increased use of nonmotorized vessels is impacting motorized and nonmotorized vessel access; (2) user conflicts at waterway access points; and (3) the use of— (A) Sport Fish Restoration Program funds to improve nonmotorized access at waterway entry points and the reasons for providing that access; and (B) Recreational Boating Safety Program funds for nonmotorized boating safety programs. (b) Consultation The Comptroller General of the United States shall consult with the Sport Fishing and Boating Partnership Council and the National Boating Safety Advisory Council on study design, scope, and priorities for the report under subsection (a). 6. Sport Fishing and Boating Partnership Council (a) In general The Sport Fishing and Boating Partnership Council established by the Secretary of the Interior shall be an advisory committee of the Department of the Interior and the Department of Commerce subject to the Federal Advisory Committee Act (5 U.S.C. App.). (b) FACA The Secretary of the Interior and the Secretary of Commerce shall jointly carry out the requirements of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Sport Fishing and Boating Partnership Council described in subsection (a). (c) Effective date This section shall take effect on January 1, 2023. | https://www.govinfo.gov/content/pkg/BILLS-117s1995is/xml/BILLS-117s1995is.xml |
117-s-1996 | II 117th CONGRESS 1st Session S. 1996 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Markey (for himself, Mrs. Shaheen , Mr. Merkley , Mr. Leahy , Mr. Van Hollen , Mr. Blumenthal , Mr. Wyden , Mr. Cardin , Mr. Durbin , Mr. Booker , Mr. Murphy , Ms. Klobuchar , Mr. Padilla , Mr. Whitehouse , Mr. Schatz , Mr. Casey , Mr. Coons , Ms. Baldwin , Mrs. Murray , Ms. Stabenow , Ms. Smith , Ms. Rosen , and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To protect human rights and enhance opportunities for LGBTQI people around the world, and for other purposes.
1. Short titles; table of contents (a) Short titles This Act may be cited as the Greater Leadership Overseas for the Benefit of Equality Act of 2021 or the GLOBE Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short titles; table of contents. Sec. 2. Findings. Sec. 3. Definitions. Sec. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad. Sec. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people. Sec. 6. Combating international criminalization of LGBTQI status, expression, or conduct. Sec. 7. Foreign assistance to protect human rights of LGBTQI people. Sec. 8. Global health inclusivity. Sec. 9. Immigration reform. Sec. 10. Issuance of passports and guarantee of citizenship to certain children born abroad. Sec. 11. Engaging international organizations in the fight against LGBTQI discrimination. Sec. 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts. 2. Findings Congress finds the following: (1) The norms of good governance, human rights protections, and the rule of law have been violated unconscionably with respect to LGBTQI people in an overwhelming majority of countries around the world, where LGBTQI people face violence, hatred, bigotry, and discrimination because of who they are and who they love. (2) In at least 68 countries (almost 40 percent of countries in the world), same-sex relations and relationships are criminalized. Many countries also criminalize or otherwise prohibit cross-dressing and gender-affirming treatments for transgender individuals. (3) The World Bank has begun to measure the macro-economic costs of criminal laws targeting LGBTQI individuals through lost productivity, detrimental health outcomes and violence, as a step toward mitigating those costs. (4) Violence and discrimination based on sexual orientation and gender identity are documented in the Department of State’s annual Country Human Rights Reports to Congress. These reports continue to show a clear pattern of human rights violations, including murder, rape, torture, death threats, extortion, and imprisonment, in every region of the world based on sexual orientation and gender identity. In many instances police, prison, military, and civilian government authorities have been directly complicit in abuses aimed at LGBTQI citizens. (5) As documented by the Department of State, LGBTQI individuals are subjected in many countries to capricious imprisonment, loss of employment, housing, access to health care, and societal stigma and discrimination. LGBTQI-specific restrictions on basic freedoms of assembly, press, and speech exist in every region of the world. (6) Targeted sanctions are an important tool to push for accountability for violations of the human rights of LGBTQI people. (7) Anti-LGBTQI laws and discrimination pose significant risks for LGBTQI youth who come out to their family or community and often face rejection, homelessness, and limited educational and economic opportunities. These factors contribute to increased risks of substance abuse, suicide, and HIV infection among LGBTQI youth. (8) Anti-LGBTQI laws also increase global health risks. Studies have shown that when LGBTQI people (especially LGBTQI youth) face discrimination, they are less likely to seek HIV testing, prevention, and treatment services. (9) LGBTQI populations are disproportionately impacted by the Mexico City Policy, also widely referred to as the global gag rule . LGBTQI people often receive much of their health care through reproductive health clinics, and organizations that cannot comply with the policy are forced to discontinue work on United States-supported global health projects that are frequently used by LGBTQI populations, including HIV prevention and treatment, stigma reduction, and research. (10) Because they face tremendous discrimination in the formal labor sector, many sex workers are also LGBTQI individuals, and many sex-worker-led programs and clinics serve the LGBTQI community with safe, non-stigmatizing, medical and social care. The United States Agency for International Development has also referred to sex workers as a most-at-risk population . The anti-prostitution loyalty oath that health care providers receiving United States assistance must take isolates sex-worker-led and serving groups from programs and reinforces stigma, undermining both the global AIDS response and human rights. A 2013 Supreme Court opinion held this requirement to be unconstitutional as it applies to United States nongovernmental organizations and their foreign affiliates. (11) According to the Trans Murder Monitoring Project, which monitors homicides of transgender individuals, there were at least 350 cases of reported killings of trans and gender-diverse people between October 2019 and September 2020. (12) In many countries, intersex individuals experience prejudice and discrimination because their bodies do not conform to general expectations about sex and gender. Because of these expectations, medically unnecessary interventions are often performed in infancy without the consent or approval of intersex individuals, in violation of international human rights standards. (13) Asylum and refugee protection are critical last-resort protections for LGBTQI individuals, but those who seek such protections face ostracization and abuse in refugee camps and detention facilities. They are frequently targeted for violence, including sexual assault, in refugee camps and in immigration detention. LGBTQI individuals may be segregated against their will for long periods in solitary confinement, in an effort to protect them from such violence, but prolonged solitary confinement itself represents an additional form of abuse that is profoundly damaging to the social and psychological well-being of any individual. (14) The global COVID–19 pandemic has exacerbated inequalities faced by LGBTQI individuals, including access to health care, stigma, and discrimination, undermining LGBTQI rights around the world. (15) In December 2011, President Barack Obama directed all Federal foreign affairs agencies to ensure that their diplomatic, humanitarian, health and foreign assistance programs take into account the needs of marginalized LGBTQI communities and persons. (16) In 2015, the Department of State established the position of Special Envoy for the Human Rights of LGBTQI Persons. (17) In 2021, President Joseph Biden issued the Memorandum on Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World, which stated that it shall be the policy of the United States to pursue an end to violence and discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics and called for United States global leadership in the cause of advancing the human rights of LGBTQI+ persons around the world . (18) In 2020, in Bostock v. Clayton County, the Supreme Court held that Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. ) prohibits discrimination on the basis of gender identity and sexual orientation. On January 20, 2021, President Biden issued Executive Order 13988 (86 Fed. Reg. 7023) to enforce this holding, which orders all Federal agency heads, including the Secretary of State and the Administrator of the United States Agency for International Development, to review agency actions to determine what additional steps should be taken to ensure that agency policies are consistent with the nondiscrimination policy set forth in the Executive order. (19) The use of United States diplomatic tools, including the Department of State’s exchange and speaker programs, to address the human rights needs of marginalized communities has helped inform public debates in many countries regarding the protective responsibilities of any democratic government. (20) Inclusion of human rights protections for LGBTQI individuals in United States trade agreements, such as the Agreement between the United States of America, the United Mexican States, and Canada (commonly known as the USMCA ) and trade preference programs, is intended— (A) to ensure a level playing field for United States businesses; and (B) to provide greater workplace protections overseas, compatible with those of the United States. (21) Engaging multilateral fora and international institutions is critical to impacting global norms and to broadening global commitments to fairer standards for the treatment of all people, including LGBTQI people. The United States must remain a leader in the United Nations system and has a vested interest in the success of that multilateral engagement. (22) Ongoing United States participation in the Equal Rights Coalition, which is a new intergovernmental coalition of more than 40 governments and leading civil society organizations that work together to protect the human rights of LGBTQI people around the world, remains vital to international efforts to respond to violence and impunity. (23) Those who represent the United States abroad, including our diplomats, development specialists and military, should reflect the diversity of our country and honor America’s call to equality, including through proud and open service abroad by LGBTQI Americans and those living with HIV. 3. Definitions In this Act: (1) Appropriate congressional committees Except as provided in section 5, the term appropriate congressional committees means— (A) the Committee on Foreign Relations of the Senate ; (B) the Committee on the Judiciary of the Senate ; (C) the Committee on Appropriations of the Senate ; (D) the Committee on Foreign Affairs of the House of Representatives ; (E) the Committee on the Judiciary of the House of Representatives ; and (F) the Committee on Appropriations of the House of Representatives . (2) Gender identity The term gender identity means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth. (3) LGBTQI The term LGBTQI means lesbian, gay, bisexual, transgender, queer, or intersex. (4) Member of a vulnerable group The term member of a vulnerable group means an alien who— (A) is younger than 21 years of age or older than 60 years of age; (B) is pregnant; (C) identifies as lesbian, gay, bisexual, transgender, or intersex; (D) is victim or witness of a crime; (E) has filed a nonfrivolous civil rights claim in Federal or State court; (F) has a serious mental or physical illness or disability; (G) has been determined by an asylum officer in an interview conducted under section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) ) to have a credible fear of persecution; or (H) has been determined by an immigration judge or by the Secretary of Homeland Security, based on information obtained during intake, from the alien’s attorney or legal service provider, or through credible self-reporting, to be— (i) experiencing severe trauma; or (ii) a survivor of torture or gender-based violence. (5) Sexual orientation The term sexual orientation means actual or perceived homosexuality, heterosexuality, or bisexuality. 4. Documenting and responding to bias-motivated violence against LGBTQI people abroad (a) Information required To be included in annual country reports on human rights practices (1) Section 116 Section 116(d) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n(d) ) is amended— (A) in paragraph (11)(C), by striking and at the end; (B) in paragraph (12)(C)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (13) wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions. . (2) Section 502B Section 502B of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2304 ) is amended— (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Sexual orientation and gender identity The report required under subsection (b) shall include, wherever applicable, the nature and extent of criminalization, discrimination, and violence based on sexual orientation or gender identity, including the identification of countries that have adopted laws or constitutional provisions that criminalize or discriminate based on sexual orientation or gender identity, including detailed descriptions of such laws and provisions. . (b) Review at diplomatic and consular posts (1) In general In preparing the annual country reports on human rights practices required under section 116 or 502B of the Foreign Assistance Act of 1961, as amended by subsection (a), the Secretary of State shall obtain information from each diplomatic and consular post with respect to— (A) incidents of violence against LGBTQI people in the country in which such post is located; (B) an analysis of the factors enabling or aggravating such incidents, such as government policy, societal pressure, or external actors; and (C) the response (whether public or private) of the personnel of such post with respect to such incidents. (2) Addressing bias-motivated violence The Secretary of State shall include in the annual strategic plans of the regional bureaus concrete diplomatic strategies, programs, and policies to address bias-motivated violence using information obtained pursuant to paragraph (1), such as programs to build capacity among civil society or governmental entities to document, investigate, and prosecute instances of such violence and provide support to victims of such violence. (c) Interagency group (1) Establishment There is established an interagency group on responses to urgent threats to LGBTQI people in foreign countries (referred to in this subsection as the interagency group ), which— (A) shall be chaired by the Secretary of State; and (B) shall include the Secretary of Defense, the Secretary of the Treasury, the Administrator of the United States Agency for International Development, the Attorney General, and the head of each other Federal department or agency that the President determines is relevant to the duties of the interagency group. (2) Duties The duties of the interagency group shall be— (A) to coordinate the responses of each participating agency with respect to threats directed towards LGBTQI populations in other countries; (B) to develop longer-term approaches to policy developments and incidents negatively impacting the LGBTQI populations in specific countries; (C) to advise the President on the designation of foreign persons for sanctions pursuant to section 5; (D) to identify United States laws and policies, at the Federal, State, and local levels, that affirm the equality of LGBTQI persons; and (E) to use such identified laws and policies to develop diplomatic strategies to share the expertise obtained from the implementation of such laws and policies with appropriate officials of countries where LGBTQI persons do not enjoy equal protection under the law. (d) Special envoy for the human rights of LGBTQI peoples (1) Establishment The Secretary of State shall establish, in the Bureau of Democracy, Human Rights, and Labor of the Department of State, a permanent Special Envoy for the Human Rights of LGBTQI Peoples (referred to in this section as the Special Envoy ), who— (A) shall be appointed by the President; and (B) shall report directly to the Assistant Secretary for Democracy, Human Rights, and Labor. (2) Rank The Special Envoy may be appointed at the rank of Ambassador. (3) Purposes The Special Envoy shall— (A) direct the efforts of the United States Government relating to United States foreign policy, as directed by the Secretary, regarding— (i) human rights abuses against LGBTQI people and communities internationally; and (ii) the advancement of human rights for LGBTQI people; and (B) represent the United States internationally in bilateral and multilateral engagement on the matters described in subparagraph (A). (4) Duties (A) In general The Special Envoy— (i) shall serve as the principal advisor to the Secretary of State regarding human rights for LGBTQI people internationally; (ii) notwithstanding any other provision of law— (I) shall direct activities, policies, programs, and funding relating to the human rights of LGBTQI people and the advancement of LGBTQI equality initiatives internationally, for all bureaus and offices of the Department of State; and (II) shall lead the coordination of relevant international programs for all other Federal agencies relating to such matters; (iii) shall represent the United States in diplomatic matters relevant to the human rights of LGBTQI people, including criminalization, discrimination, and violence against LGBTQI people internationally; (iv) shall direct, as appropriate, United States Government resources to respond to needs for protection, integration, resettlement, and empowerment of LGBTQI people in United States Government policies and international programs, including to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (v) shall design, support, and implement activities regarding support, education, resettlement, and empowerment of LGBTQI people internationally, including for the prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; (vi) shall lead interagency coordination between the foreign policy priorities related to the human rights of LGBTQI people and the development assistance priorities of the LGBTQI Coordinator of the United States Agency for International Development; (vii) shall conduct regular consultation with nongovernmental organizations working to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally; (viii) shall ensure that— (I) programs, projects, and activities of the Department of State and the United States Agency for International Development designed to prevent and respond to criminalization, discrimination, and violence against LGBTQI people internationally are subject to rigorous monitoring and evaluation; and (II) there is a uniform set of indicators and standards for such monitoring and evaluation that is used across international programs in Federal agencies; and (ix) is authorized to represent the United States in bilateral and multilateral fora on matters relevant to the human rights of LGBTQI people internationally, including criminalization, discrimination, and violence against LGBTQI people internationally. (5) Data repository The Bureau of Democracy, Human Rights, and Labor— (A) shall be the central repository of data on all United States programs, projects, and activities that relate to prevention and response to criminalization, discrimination, and violence against LGBTQI people internationally; and (B) shall produce— (i) a full accounting of United States Government spending on such programs, projects, and activities; and (ii) evaluations of the effectiveness of such programs, projects, and activities. (e) Training at international law enforcement academies The President shall ensure that any international law enforcement academy supported by United States assistance shall provide training with respect to the rights of LGBTQI people, including through specialized courses highlighting best practices in the documentation, investigation and prosecution of bias-motivated hate crimes targeting persons based on actual or perceived sexual orientation, gender identity, or sex characteristics. 5. Sanctions on individuals responsible for violations of human rights against LGBTQI people (a) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Armed Services of the Senate ; (B) the Committee on Foreign Relations of the Senate ; (C) the Committee on Homeland Security and Governmental Affairs of the Senate ; (D) the Committee on the Judiciary of the Senate ; (E) the Committee on Armed Services of the House of Representatives ; (F) the Committee on Foreign Affairs of the House of Representatives ; (G) the Committee on Homeland Security of the House of Representatives ; and (H) the Committee on the Judiciary of the House of Representatives . (2) Foreign person The term foreign person has the meaning given such term in section 595.304 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (3) Immediate family member The term immediate family member has the meaning given such term for purposes of section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 ). (4) Person The term person has the meaning given such term in section 591.308 of title 31, Code of Federal Regulations (as in effect on the day before the date of the enactment of this Act). (b) In general Not later than 180 days after the date of the enactment of this Act and biannually thereafter, the President shall submit to the appropriate congressional committees a list of each foreign person the President determines, based on credible information, including information obtained by other countries or by nongovernmental organizations that monitor violations of human rights— (1) is responsible for or complicit in, with respect to persons based on actual or perceived sexual orientation, gender identity, or sex characteristics— (A) cruel, inhuman, or degrading treatment or punishment; (B) prolonged detention without charges and trial; (C) causing the disappearance of such persons by the abduction and clandestine detention of such persons; or (D) other flagrant denial of the right to life, liberty, or the security of such persons; (2) acted as an agent of or on behalf of a foreign person in a matter relating to an activity described in paragraph (1); or (3) is responsible for or complicit in inciting a foreign person to engage in an activity described in paragraph (1). (c) Form; updates; removal (1) Form The list required under subsection (b) shall be submitted in unclassified form and published in the Federal Register without regard to the requirements of section 222(f) of the Immigration and Nationality Act ( 8 U.S.C. 1202(f) ) with respect to confidentiality of records pertaining to the issuance or refusal of visas or permits to enter the United States, except that the President may include a foreign person in a classified, unpublished annex to such list if the President— (A) determines that— (i) such annex is vital for the national security interests of the United States; and (ii) the use of such annex, and the inclusion of such person in such annex, would not undermine the overall purpose of this section to publicly identify foreign persons engaging in the conduct described in subsection (b) in order to increase accountability for such conduct; and (B) not later than 15 days before including such person in a classified annex, provides to the appropriate congressional committees notice of, and a justification for, including or continuing to include each foreign person in such annex despite the existence of any publicly available credible information indicating that each such foreign person engaged in an activity described in subsection (b). (2) Updates The President shall submit to the appropriate congressional committees an update of the list required under subsection (b) as new information becomes available. (3) Removal A foreign person may be removed from the list required under subsection (b) if the President determines and reports to the appropriate congressional committees not later than 15 days before the removal of such person from such list that— (A) credible information exists that such person did not engage in the activity for which the person was included in such list; (B) such person has been prosecuted appropriately for the activity in which such person engaged; or (C) such person has credibly demonstrated a significant change in behavior, has paid an appropriate consequence for the activities in which such person engaged, and has credibly committed to not engage in an activity described in subsection (b). (d) Public submission of information The President shall issue public guidance, including through United States diplomatic and consular posts, setting forth the manner by which the names of foreign persons that may meet the criteria to be included on the list required under subsection (b) may be submitted to the Department of State for evaluation. (e) Requests from chair and ranking member of appropriate congressional committees (1) Consideration of information In addition to the guidance issued pursuant to subsection (d), the President shall also consider information provided by the Chair or Ranking Member of each of the appropriate congressional committees in determining whether to include a foreign person in the list required under subsection (b). (2) Requests Not later than 120 days after receiving a written request from the Chair or Ranking Member of one of the appropriate congressional committees with respect to whether a foreign person meets the criteria for being included in the list required under subsection (b), the President shall respond to such Chair or Ranking Member, as the case may be, with respect to the President’s determination relating to such foreign person. (3) Removal If the President removes a foreign person from the list required under subsection (b) that had been included in such list pursuant to a request under paragraph (2), the President shall provide to the relevant Chair or Ranking Member of one of the appropriate congressional committees any information that contributed to such decision. (4) Form The President may submit the response required under paragraph (2) or paragraph (3) in classified form if the President determines that such form is necessary for the national security interests of the United States. (f) Inadmissibility of certain individuals (1) Ineligibility for visas and admission to the United States A foreign person on the list required under subsection (b), and each immediate family member of such person, is— (A) inadmissible to the United States; (B) ineligible to receive a visa or other documentation to enter the United States; and (C) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (2) Current visas revoked (A) In general The issuing consular officer or the Secretary of State, (or a designee of the Secretary of State), in accordance with section 221(i) of the Immigration and Nationality Act ( 8 U.S.C. 1201(i) ), shall revoke any visa or other entry documentation issued to a foreign person on the list required under subsection (b), and any visa or other entry documentation issued to any immediate family member of such person, regardless of when the visa or other entry documentation is issued. (B) Effect of revocation A revocation under subparagraph (A) shall— (i) take effect immediately; and (ii) automatically cancel any other valid visa or entry documentation that is in the foreign person’s possession. (C) Rulemaking Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall prescribe such regulations as may be necessary to carry out this subsection. (D) Exception to comply with international obligations Sanctions under this subsection shall not apply with respect to a foreign person if admitting or paroling such person into the United States is necessary to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success, June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations. (3) Sense of Congress with respect to additional sanctions It is the sense of Congress that the President should impose additional targeted sanctions with respect to foreign persons on the list required under subsection (b) to push for accountability for flagrant denials of the right to life, liberty, or the security of the person, through the use of designations and targeted sanctions provided for such conduct under other existing authorities. (4) Waivers in the interest of national security (A) In general The President may waive the application of paragraph (1) or (2) with respect to a foreign person included in the list required under subsection (b) if the President determines, and submits to the appropriate congressional committees notice of, and justification for, such determination, that such a waiver— (i) is necessary to permit the United States to comply with the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed June 26, 1947, and entered into force November 21, 1947, or other applicable international obligations of the United States; or (ii) is in the national security interests of the United States. (B) Timing of certain waivers A waiver pursuant to a determination under subparagraph (A)(ii) shall be submitted not later than 15 days before the granting of such waiver. (g) Report to Congress Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President, acting through the Secretary of State, shall submit a report to the appropriate congressional committees that describes— (1) the actions taken to carry out this section, including— (A) the number of foreign persons added to or removed from the list required under subsection (b) during the year immediately preceding each such report; (B) the dates on which such persons were added or removed; (C) the reasons for adding or removing such persons; and (D) an analysis that compares increases or decreases in the number of such persons added or removed year-over-year and the reasons for such increases or decreases; and (2) any efforts by the President to coordinate with the governments of other countries, as appropriate, to impose sanctions that are similar to the sanctions imposed under this section. 6. Combating international criminalization of LGBTQI status, expression, or conduct (a) Annual strategic review The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall include, during the course of annual strategic planning, an examination of— (1) the progress made in countries around the world toward the decriminalization of the status, expression, and conduct of LGBTQI individuals; (2) the obstacles that remain toward achieving such decriminalization; and (3) the strategies available to the Department of State and the United States Agency for International Development to address such obstacles. (b) Elements The examination described in subsection (a) shall include— (1) an examination of the full range of criminal and civil laws of other countries that disproportionately impact communities of LGBTQI individuals or apply with respect to the conduct of LGBTQI individuals; (2) in consultation with the Attorney General, a list of countries in each geographic region with respect to which— (A) the Attorney General, acting through the Office of Overseas Prosecutorial Development Assistance and Training of the Department of Justice, shall prioritize programs seeking— (i) to decriminalize the status, expression, and conduct of LGBTQI individuals; (ii) to monitor the trials of those prosecuted because of such status, expression, or conduct; and (iii) to reform related laws having a discriminatory impact on LGBTQI individuals; (B) applicable speaker or exchange programs sponsored by the United States Government shall bring together civil society and governmental leaders— (i) to promote the recognition of LGBTQI rights through educational exchanges in the United States; and (ii) to support better understanding of the role that governments and civil societies mutually play in assurance of equal treatment of LGBTQI populations abroad. 7. Foreign assistance to protect human rights of LGBTQI people (a) Sense of Congress It is the sense of Congress that the full implementation of Executive Order 13988 (86 Fed. Reg. 7023; January 20, 2021) and the holding in Bostock v. Clayton County requires that United States foreign assistance and development organizations adopt the policy that no contractor, grantee, or implementing partner administering United States assistance for any humanitarian, development, or global health programs may discriminate against any employee or applicant for employment because of their gender identity or sexual orientation. (b) Global Equality Fund (1) In general The Secretary of State shall establish a fund, to be known as the Global Equality Fund , to be managed by the Assistant Secretary of the Bureau of Democracy, Human Rights and Labor, consisting of such sums as may be appropriated to provide grants, emergency assistance, and technical assistance to eligible civil society organizations and human rights defenders working to advance and protect human rights for all including LGBTQI persons, by seeking— (A) to ensure the freedoms of assembly, association, and expression; (B) to protect persons or groups against the threat of violence, including medically unnecessary interventions performed on intersex infants; (C) to advocate against laws that— (i) criminalize LGBTQI status, expression, or conduct; or (ii) discriminate against individuals on the basis of sexual orientation, gender identity, or sex characteristics; (D) to end explicit and implicit forms of discrimination in the workplace, housing, education, and other public institutions or services; and (E) to build community awareness and support for the human rights of LGBTQI persons. (2) Contributions The Secretary of State may accept financial and technical contributions, through the Global Equality Fund, from corporations, bilateral donors, foundations, nongovernmental organizations, and other entities supporting the outcomes described in paragraph (1). (3) Prioritization In providing assistance through the Global Equality Fund, the Secretary of State shall ensure due consideration and appropriate prioritization of assistance to groups that have historically been excluded from programs undertaken for the outcomes described in paragraph (1). (c) LGBTQI global development partnership The Administrator of the United States Agency for International Development, in consultation with the Secretary of State, shall establish a partnership, to be known as the LGBTQI Global Development Partnership , to leverage the financial and technical contributions of corporations, bilateral donors, foundations, nongovernmental organizations, and universities to support the human rights and development of LGBTQI persons around the world by supporting programs, projects, and activities— (1) to strengthen the capacity of LGBTQI leaders and civil society organizations; (2) to train LGBTQI leaders to effectively participate in democratic processes and lead civil institutions; (3) to conduct research to inform national, regional, or global policies and programs; and (4) to promote economic empowerment through enhanced LGBTQI entrepreneurship and business development. (d) Consultation In coordinating programs, projects, and activities through the Global Equality Fund or the Global Development Partnership, the Secretary of State shall consult, as appropriate, with the Administrator of the United States Agency for International Development and the heads of other relevant Federal departments and agencies. (e) Report The Secretary of State shall submit to the appropriate congressional committees an annual report on the work of, successes obtained, and challenges faced by the Global Equality Fund and the LGBTQI Global Development Partnership established in accordance with this section. (f) Limitation on assistance relating to equal access (1) In general None of the amounts authorized to be appropriated or otherwise made available to provide United States assistance for any humanitarian, development, or global health programs may be made available to any contractor, grantee, or implementing partner, unless such recipient— (A) ensures that the program, project, or activity funded by such amounts are made available to all elements of the population, except to the extent that such program, project, or activity targets a population because of the higher assessed risk of negative outcomes among such populations; (B) undertakes to make every reasonable effort to ensure that each subcontractor or subgrantee of such recipient will also adhere to the requirement described in subparagraph (A); and (C) agrees to return all amounts awarded or otherwise provided by the United States, including such additional penalties as the Secretary of State may determine to be appropriate, if the recipient is not able to adhere to the requirement described in subparagraph (A). (2) Quarterly report The Secretary of State shall provide to the appropriate congressional committees a quarterly report on the methods by which the Department of State monitors compliance with the requirement under paragraph (1)(A). (g) Office of Foreign Assistance The Secretary of State, acting through the Director of the Office of Foreign Assistance, shall— (1) monitor the amount of foreign assistance obligated and expended on programs, projects, and activities relating to LGBTQI people; and (2) provide the results of the indicators tracking such expenditure, upon request, to the Organization for Economic Co-Operation and Development. 8. Global health inclusivity (a) In general The Coordinator of United States Government Activities to Combat HIV/AIDS Globally shall— (1) develop mechanisms to ensure that the President’s Emergency Plan for AIDS Relief (PEPFAR) is implemented in a way that equitably serves LGBTQI people in accordance with the goals described in section 7(f), including by requiring all partner entities receiving assistance through PEPFAR to receive training on the health needs of and human rights standards relating to LGBTQI people; and (2) promptly notify Congress of any obstacles encountered by a foreign government or contractor, grantee, or implementing partner in the effort to equitably implement PEPFAR as described in such subsection, including any remedial steps taken by the Coordinator to overcome such obstacles. (b) Report on international prosecutions for sex work or consensual sexual activity Not later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the manner in which commodities, such as condoms provided by programs, projects, or activities funded through PEPFAR or other sources of United States assistance, have been used as evidence to arrest, detain, or prosecute individuals in other countries in order to enforce domestic laws criminalizing sex work or consensual sexual activity. (c) Report on HIV / AIDS -Related index testing Not later than 180 days after the date of the enactment of this Act, the Coordinator shall submit a report to the appropriate congressional committees that describes the impact of partner notification services and index testing on treatment adherence, intimate partner violence, and exposure to the criminal justice system for key populations, including LGBTQI people and sex workers, using qualitative and quantitative data. (d) Report on impact of global gag rule Not later than 180 days after the date of the enactment of this Act, the Government Accountability Office shall submit a report to the appropriate congressional committees that describes the impact, as of the date of the submission of the report, on the implementation and enforcement of any iteration of the Mexico City Policy on the global LGBTQI community. (e) Conforming amendments (1) PEPFAR authorization Section 301 of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7631 ) is amended— (A) by striking subsections (d) through (f); and (B) by redesignating subsection (g) as subsection (d). (2) Allocation of funds by the global aids coordinator Section 403(a) of the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 ( 22 U.S.C. 7673(a) ) is amended— (A) in paragraph (1)— (i) by striking shall— and all that follows through (A) provide and inserting shall provide ; (ii) by striking ; and and inserting a period; and (iii) by striking subparagraph (B); and (B) in paragraph (2)— (i) by striking Prevention strategy .— and all that follows through In carrying out paragraph (1), the and inserting Prevention strategy .—The ; and (ii) by striking subparagraph (B). (3) TVPA authorization Section 113 of the Trafficking Victims Protection Act of 2000 ( 22 U.S.C. 7110 ) is amended— (A) by striking subsection (g); and (B) by redesignating subsections (h) and (i) as subsections (g) and (h), respectively. 9. Immigration reform (a) Refugees and asylum seekers (1) LGBTQI social group Section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) is amended by adding at the end the following: For purposes of determinations under this Act, a person who has been persecuted on the basis of sexual orientation or gender identity shall be deemed to have been persecuted on account of membership in a particular social group and a person who has a well founded fear of persecution on the basis of sexual orientation or gender identity shall be deemed to have a well founded fear of persecution on account of membership in a particular social group. . (2) Annual report Section 103(e)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1103(e) ) is amended— (A) by striking information on the number and inserting the following: “information on— (A) the number ; and (B) by striking the period at the end and inserting the following: “; and (B) the total number of applications for asylum and refugee status received that are, in whole or in part, based on persecution or a well founded fear of persecution on account of sexual orientation or gender identity, and the rate of approval administratively of such applications. . (3) Asylum filing deadline repeal (A) In general Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (i) by striking subparagraph (B); (ii) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively; (iii) in subparagraph (C), as redesignated— (I) by striking notwithstanding subparagraphs (B) and (C) and inserting notwithstanding subparagraph (B) ; (II) by striking either ; and (III) by striking or extraordinary circumstances relating to the delay in filing an application within the period specified in subparagraph (B) ; and (iv) in subparagraph (D), as redesignated, by striking Subparagraphs (A) and (B) and inserting Subparagraph (A) . (B) Application The amendments made by subparagraph (A) shall apply to applications for asylum filed before, on, or after the date of the enactment of this Act. (b) Permanent partners Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (1) in paragraph (35), by inserting includes any permanent partner, but before does not include ; and (2) by adding at the end the following: (53) The term marriage includes a permanent partnership. (54) The term permanent partner means an individual who is 18 years of age or older and who— (A) is in a committed, intimate relationship with another individual who is 18 years of age or older, in which both parties intend a lifelong commitment; (B) is financially interdependent with the other individual; (C) is not married to anyone other than the other individual; (D) is a national of or, in the case of a person having no nationality, last habitually resided in a country that prohibits marriage between the individuals; and (E) is not a first-, second-, or third-degree blood relation of the other individual. (55) The term permanent partnership means the relationship that exists between 2 permanent partners. . (c) Counsel (1) Appointment of counsel Section 240(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(4) ) is amended— (A) in subparagraph (B), by striking and at the end; (B) in subparagraph (C), by striking the period at the end and inserting , and ; and (C) by adding at the end the following: (D) notwithstanding subparagraph (A), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for such proceedings. . (2) Right to counsel Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended— (A) by inserting (a) before In any ; (B) by striking he and inserting the person ; and (C) by adding at the end the following: (b) Notwithstanding subsection (a), in a case in which an indigent alien requests representation, such representation shall be appointed by the court, at the expense of the Government, for the proceedings described in subsection (a). (c) In an interview relating to admission under section 207, an alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as the alien shall choose. . (d) Refugee admissions of LGBTQI aliens from certain countries (1) In general Aliens who are nationals of or, in the case of aliens having no nationality, last habitually resided in a country that fails to protect against persecution on the basis of sexual orientation or gender identity, and who share common characteristics that identify them as targets of persecution on account of sexual orientation or gender identity, are eligible for Priority 2 processing under the refugee resettlement priority system. (2) Resettlement processing (A) In general If a refugee admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ) discloses information to an employee or contractor of the Bureau of Population, Refugees, and Migration of the Department of State regarding the refugee’s sexual orientation or gender identity, the Secretary of State, with the refugee’s consent, shall provide such information to the appropriate national resettlement agency— (i) to prevent the refugee from being placed in a community in which the refugee is likely to face continued discrimination; and (ii) to place the refugee in a community that offers services to meet the needs of the refugee. (B) Defined term The term national resettlement agency means an agency contracting with the Department of State to provide sponsorship and initial resettlement services to refugees entering the United States. (e) Training program (1) Training program In order to create an environment in which an alien may safely disclose such alien’s sexual orientation or gender identity, the Secretary of Homeland Security, in consultation with the Secretary of State, shall establish a training program for staff and translators who participate in the interview process of aliens seeking asylum or status as a refugee. (2) Components of training program The training program described in paragraph (1) shall include instruction regarding— (A) appropriate word choice and word usage; (B) creating safe spaces and facilities for LGBTQI aliens; (C) confidentiality requirements; and (D) nondiscrimination policies. (f) Limitation on detention (1) Presumption of release (A) In general Except as provided in subparagraphs (B) and (C) and notwithstanding any other provision of law, the Secretary of Homeland Security— (i) may not detain an alien who is a member of a vulnerable group under any provision of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) pending a decision with respect to whether the alien is to be removed from the United States; and (ii) shall immediately release any detained alien who is a member of a vulnerable group. (B) Exceptions The Secretary of Homeland Security may detain, pursuant to the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), an alien who is a member of a vulnerable group if the Secretary makes a determination, using credible and individualized information, that the use of alternatives to detention will not reasonably ensure the appearance of the alien at removal proceedings, or that the alien is a threat to another person or to the community. The fact that an alien has a criminal charge pending against the alien may not be the sole factor to justify the detention of the alien. (C) Removal If detention is the least restrictive means of effectuating the removal from the United States of an alien who is a member of a vulnerable group, the subject of a final order of deportation or removal, and not detained under subparagraph (B), the Secretary of Homeland Security may, solely for the purpose of such removal, detain the alien for a period that is— (i) the shortest possible period immediately preceding the removal of the alien from the United States; and (ii) not more than 5 days. (2) Weekly review required (A) In general Not less frequently than weekly, the Secretary of Homeland Security shall conduct an individualized review of any alien detained pursuant to paragraph (1)(B) to determine whether the alien should continue to be detained under such paragraph. (B) Release Not later than 24 hours after the date on which the Secretary makes a determination under subparagraph (A) that an alien should not be detained under paragraph (1)(B), the Secretary shall release the detainee. (g) Protective custody for LGBTQI alien detainees (1) Detainees An LGBTQI alien who is detained pursuant to subparagraph (B) or (C) of subsection (f)(1) may not be placed in housing that is segregated from the general population unless— (A) the alien requests placement in such housing for the protection of the alien; or (B) the Secretary of Homeland Security determines, after assessing all available alternatives, that there is no available alternative means of separation from likely abusers. (2) Placement factors If an LGBTQI alien is placed in segregated housing pursuant to paragraph (1), the Secretary of Homeland Security shall ensure that such housing— (A) includes non-LGBTQI aliens, to the extent practicable; and (B) complies with any applicable court order for the protection of LGBTQI aliens. (3) Protective custody requests If a detained LGBTQI alien requests placement in segregated housing for the protection of such alien, the Secretary of Homeland Security shall grant such request. (h) Sense of Congress It is the sense of Congress that the Secretary of Homeland Security should hire a sufficient number of Refugee Corps officers for refugee interviews to be held within a reasonable period of time and adjudicated not later than 180 days after a request for Priority 2 consideration is filed. 10. Issuance of passports and guarantee of citizenship to certain children born abroad (a) Sex identification markers The Secretary of State, through any appropriate regulation, manual, policy, form, or other updates, shall ensure that an applicant may self-select the sex designation (including a non-binary or neutral designation, such as X ) on any identity document issued by the Department of State that displays sex information, including passports and consular reports of birth abroad. (b) Guarantee of citizenship to children born abroad using assistive reproduction technology Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall issue regulations clarifying that no biological connection between a parent and a child is required for a child to acquire citizenship at birth from a United States citizen parent under subsections (c), (d), (e), and (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if such parent is recognized as the legal parent of the child from birth under the local law at the place of birth or under United States law. 11. Engaging international organizations in the fight against LGBTQI discrimination (a) Sense of Congress It is the sense of Congress that— (1) the United States should be a leader in efforts by the United Nations to ensure that human rights norms, development principles, and political rights are fully inclusive of LGBTQI people; (2) United States leadership within international financial institutions, such as the World Bank and the regional development banks, should be used to ensure that the programs, projects, and activities undertaken by such institutions are fully inclusive of all people, including LGBTQI people; and (3) the Secretary of State should seek appropriate opportunities to encourage the equal treatment of LGBTQI people during discussions with or participation in the full range of regional, multilateral, and international fora, such as the Organization of American States, the Organization for Security and Cooperation in Europe, the European Union, the African Union, and the Association of South East Asian Nations. (b) Action through the Equal Rights Coalition The Secretary of State shall promote diplomatic coordination through the Equal Rights Coalition, established in July 2016 at the Global LGBTQI Human Rights Conference in Montevideo, Uruguay, and other multilateral mechanisms, to achieve the goals and outcomes described in subsection (a). 12. Representing the rights of LGBTQI United States citizens deployed to diplomatic and consular posts (a) Sense of Congress Recognizing the importance of a diverse workforce in the representation of the United States abroad and in support of sound personnel staffing policies, it is the sense of Congress that the Secretary of State should— (1) prioritize efforts to ensure that foreign governments do not impede the assignment of LGBTQI United States citizens and their families to diplomatic and consular posts; (2) open conversations with entities in the United States private sector that engage in business in other countries to the extent necessary to address any visa issues faced by such private sector entities with respect to their LGBTQI employees; and (3) prioritize efforts to improve post and post school information for LGBTQI employees and employees with LGBTQI family members. (b) Remedies for family visa denial (1) In general The Secretary of State shall use all appropriate diplomatic efforts to ensure that the families of LGBTQI employees of the Department of State are issued visas from countries where such employees are posted. (2) List required Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to Congress— (A) a classified list of each country that has refused to grant accreditation to LGBTQI employees of the Department of State or to their family members during the most recent 2-year period; and (B) a description of the actions taken or intended to be taken by the Secretary, in accordance with paragraph (1), to ensure that LGBTQI employees are appointed to appropriate positions in accordance with diplomatic needs and personnel qualifications, including actions specifically relating to securing the accreditation of the families of such employees by relevant countries. (c) Improving post information and overseas environment for LGBTQI adults and children (1) In general The Secretary of State shall ensure that LGBTQI employees and employees with LGBTQI family members have adequate information to pursue overseas postings, including country environment information for adults and children. (2) Nondiscrimination policies for United States Government-supported schools The Secretary shall make every effort to ensure schools abroad that receive assistance and support from the United States Government under programs administered by the Office of Overseas Schools of the Department of State have active and clear nondiscrimination policies, including policies relating to sexual orientation and gender identity impacting LGBTQI children of all ages. (3) Required information for LGBTQI children The Secretary shall ensure that information focused on LGBTQI children of all ages (including transgender and gender nonconforming students) is included in post reports, bidding materials, and Office of Overseas Schools reports, databases, and adequacy lists. | https://www.govinfo.gov/content/pkg/BILLS-117s1996is/xml/BILLS-117s1996is.xml |
117-s-1997 | II 117th CONGRESS 1st Session S. 1997 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mrs. Shaheen (for herself, Ms. Murkowski , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that certain contributions by government entities are treated as contributions to capital.
1. Treatment of certain contributions by government entities as contributions to capital (a) In general Section 118 of the Internal Revenue Code of 1986 is amended— (1) by redesignating subsection (d) as subsection (e), and (2) by striking subsections (b) and (c) and inserting the following: (b) Contributions in aid of Construction, etc For purposes of subsection (a), except as provided in subsection (c), the term contribution to the capital of the taxpayer does not include any contribution in aid of construction or any other contribution as a customer or potential customer. (c) Special Rules for water and sewerage disposal utilities (1) General rule For purposes of this section, the term contribution to the capital of the taxpayer includes any amount of money or other property received from any person (whether or not a shareholder) by a regulated public utility which provides water or sewerage disposal services if— (A) such amount is a contribution in aid of construction, (B) in the case of contribution of property other than water or sewerage disposal facilities, such amount meets the requirements of the expenditure rule of paragraph (2), and (C) such amount (or any property acquired or constructed with such amount) is not included in the taxpayer's rate base for ratemaking purposes. (2) Expenditure rule An amount meets the requirements of this paragraph if— (A) an amount equal to such amount is expended for the acquisition or construction of tangible property described in section 1231(b)— (i) which is the property for which the contribution was made or is of the same type as such property, and (ii) which is used predominantly in the trade or business of furnishing water or sewerage disposal services, (B) the expenditure referred to in subparagraph (A) occurs before the end of the second taxable year after the year in which such amount was received, and (C) accurate records are kept of the amounts contributed and expenditures made, the expenditures to which contributions are allocated, and the year in which the contributions and expenditures are received and made. (3) Definitions For purposes of this subsection— (A) Contribution in aid of construction The term contribution in aid of construction shall be defined by regulations prescribed by the Secretary, except that such term shall not include amounts paid as service charges for starting or stopping services. (B) Predominantly The term predominantly means 80 percent or more. (C) Regulated public utility The term regulated public utility has the meaning given such term by section 7701(a)(33), except that such term shall not include any utility which is not required to provide water or sewerage disposal services to members of the general public in its service area. (4) Disallowance of deductions and credits; adjusted basis Notwithstanding any other provision of this subtitle, no deduction or credit shall be allowed for, or by reason of, any expenditure which constitutes a contribution in aid of construction to which this subsection applies. The adjusted basis of any property acquired with contributions in aid of construction to which this subsection applies shall be zero. (d) Statute of Limitations If the taxpayer for any taxable year treats an amount as a contribution to the capital of the taxpayer described in subsection (c), then— (1) the statutory period for the assessment of any deficiency attributable to any part of such amount shall not expire before the expiration of 3 years from the date the Secretary is notified by the taxpayer (in such manner as the Secretary may prescribe) of— (A) the amount of the expenditure referred to in subparagraph (A) of subsection (c)(2), (B) the taxpayer's intention not to make the expenditures referred to in such subparagraph, or (C) a failure to make such expenditure within the period described in subparagraph (B) of subsection (c)(2), and (2) such deficiency may be assessed before the expiration of such 3-year period notwithstanding the provisions of any other law or rule of law which would otherwise prevent such assessment. . (b) Effective date The amendments made by this section shall apply to contributions made after December 22, 2017. | https://www.govinfo.gov/content/pkg/BILLS-117s1997is/xml/BILLS-117s1997is.xml |
117-s-1998 | II 117th CONGRESS 1st Session S. 1998 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To exempt large cruise ships from certain requirements applicable to passenger vessels, and for other purposes.
1. Short title This Act may be cited as the Safeguarding American Tourism Act . 2. Adjusting applicability of certain PVSA and Jones Act requirements (a) PVSA domestic requirements Section 55103(a) of title 46, United States Code, is amended by adding at the end the following: (c) Nonapplicablity This section shall not apply to any vessel with 800 or more passenger berths. . (b) Jones Act requirements Chapter 121 of title 46, United States Code, is amended— (1) in section 12103, by adding at the end the following: (d) Nonapplicability The requirements of this section shall not apply to any vessel with 800 or more passenger berths and that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. ; (2) in section 12112(a)— (A) in paragraph (1), by inserting except in the case of a vessel described in subparagraph (C) of paragraph (2), before satisfies ; and (B) in paragraph (2)— (i) in subparagraph (A), by striking or after the semicolon; (ii) in subparagraph (B)(iii), by striking ; and and inserting ; or ; and (iii) by adding at the end the following: (C) has 800 or more passenger berths and transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port; and . (c) Adjustment of citizenship and Navy Reserve requirements Section 8103(k) of title 46, United States Code, is amended to read as follows: (k) Nonapplicability to certain passenger vessels Subsections (a) and (b) shall not apply to any vessel with 800 or more passenger berths and that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port. . 3. Adjustments relating to permits to land temporarily for alien crewmen Section 252(a) of the Immigration and Nationality Act ( 8 U.S.C. 1282(a) ) is amended, in the matter preceding paragraph (1), by striking not to exceed— and all that follows through the period at the end of paragraph (2) and inserting “not to exceed the period of time during which the crewman is in possession of a valid, unexpired visa issued pursuant to such paragraph, if the immigration officer is satisfied that the crewman intends to depart— (1) on the vessel or aircraft on which the crewman arrived; or (2) on a vessel or aircraft other than the vessel or aircraft on which the crewman arrived. . 4. Rule of construction Nothing in the amendments made by this Act shall be construed to exempt a vessel that transports passengers between ports or places in the United States to which the coastwise laws apply, either directly or via a foreign port, from any applicable law of the United States except as explicitly provided in such amendments. | https://www.govinfo.gov/content/pkg/BILLS-117s1998is/xml/BILLS-117s1998is.xml |
117-s-1999 | II 117th CONGRESS 1st Session S. 1999 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mrs. Capito (for herself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend title 23, United States Code, to authorize the use of certain Federal funds for multiple substance impaired driving countermeasures, and for other purposes.
1. Short title This Act may be cited as the Multiple Substance Impaired Driving Prevention Act of 2021 . 2. Sense of Congress; purpose (a) Sense of Congress It is the sense of Congress that— (1) a priority should be placed on creating State systems, programs, and processes that improve impaired driving detection in cases in which alcohol, drugs, and especially multiple substances are involved; (2) States and communities should have access to a broader range of countermeasures, technologies, and resources to address multiple substance impaired driving; and (3) increased Federal funding should be made available for efforts to improve public safety through the approaches described in paragraphs (1) and (2). (b) Purpose The purpose of this Act is to increase national investment in, and maximize the use of, innovative programs and technologies to eliminate multiple substance impaired driving. 3. Impaired driving prevention and reporting (a) Use of funds for multiple substance impaired driving Section 164(b)(1) of title 23, United States Code, is amended— (1) in subparagraph (A), by striking for alcohol-impaired and inserting the following: “for— (i) alcohol-impaired driving countermeasures; or (ii) single or multiple substance impaired . (2) in subparagraph (B), by striking intoxicated and all that follows through the period at the end and inserting the following: “intoxicated, driving under the influence, driving while multiple substance impaired, or other related laws (including regulations), including for— (i) the purchase of equipment dedicated to the enforcement of those laws; (ii) the training of officers dedicated to the enforcement of those laws; and (iii) the use of additional personnel for specific— (I) alcohol-impaired driving countermeasures; or (II) single or multiple substance impaired driving countermeasures. . (b) Impaired driving countermeasures Section 405(d) of title 23, United States Code, is amended— (1) in paragraph (4)— (A) in subparagraph (B)— (i) by striking clause (iii) and inserting the following: (iii) (I) court support of high-visibility enforcement efforts; (II) hiring criminal justice professionals, including law enforcement officers, prosecutors, traffic safety resource prosecutors, judges, judicial outreach liaisons, and probation officers; (III) training and education of the criminal justice professionals described in subclause (II) to assist those professionals in preventing impaired driving and handling impaired driving cases, including by providing compensation to a law enforcement officer to replace a law enforcement officer who is— (aa) receiving drug recognition expert training; or (bb) participating as an instructor in drug recognition expert training; and (IV) establishing driving while intoxicated courts; ; (ii) by striking clauses (v) and (vi) and inserting the following: (v) improving— (I) blood alcohol concentration screening and testing; (II) the detection of potentially impairing drugs, including through the use of oral fluid as a specimen; and (III) reporting relating to the screening, testing, and detection described in subclauses (I) and (II); (vi) (I) paid and earned media in support of high-visibility enforcement efforts; (II) conducting initial and continuing— (aa) standardized field sobriety training, advanced roadside impaired driving enforcement training, and drug recognition expert training for law enforcement; and (bb) law enforcement phlebotomy training; and (III) purchasing equipment to carry out impaired driving enforcement activities authorized by this subsection; ; (iii) in clause (ix), by striking and at the end; (iv) in clause (x), by striking the period at the end and inserting ; and ; and (v) by adding at the end the following: (xi) testing and implementing programs and purchasing technologies to better identify, monitor, or treat impaired drivers, including— (I) oral fluid screening technologies; (II) electronic warrant programs; (III) equipment to increase the scope, quantity, quality, and timeliness of forensic toxicology chemical testing; (IV) case management software to support the management of impaired driving offenders; and (V) technology to monitor impaired driving offenders. ; and (B) in subparagraph (C)— (i) in the second sentence, by striking Medium-range and inserting the following: (ii) Medium-range and high-range States Subject to clause (iii), medium-range ; (ii) in the first sentence, by striking Low-range and inserting the following: (i) Low-range States Subject to clause (iii), low-range ; and (iii) by adding at the end the following: (iii) All States (I) Reporting of impaired driving information A State may use grant funds for any expenditure designed to increase the timely and accurate reporting of impaired driving crash information, including electronic crash reporting systems that allow accurate real- or near-real-time uploading of crash information, and impaired driving criminal justice information to Federal, State, and local databases. (II) Impaired driving countermeasures A State may use grant funds for any expenditure to research or evaluate impaired driving countermeasures. ; and (2) in paragraph (7)(A), in the matter preceding clause (i), by inserting or local after authorizes a State . (c) GAO study on national DUI reporting (1) In general The Comptroller General of the United States shall conduct a study on the reporting of impaired driving arrest and citation data to Federal databases and the interstate sharing of information about convictions and license suspensions relating to impaired driving to facilitate the widespread identification of repeat impaired driving offenders. (2) Inclusions The study conducted under paragraph (1) shall include a detailed assessment of— (A) the extent to which State and local criminal justice agencies are reporting impaired driving arrest and citation data to Federal databases; (B) any barriers— (i) at the Federal, State, or local level to the reporting of impaired driving arrest and citation data to Federal databases; and (ii) to the use by State and local criminal justice agencies of— (I) those databases; and (II) any systems for the reporting of that data; (C) the extent to which States are sharing impaired driving conviction and license-suspension data; (D) any barriers at the Federal, State, or local level to the sharing of impaired driving conviction and license-suspension data; (E) any Federal, State, and local resources available to improve the reporting and sharing of impaired driving data; (F) any recommendations for policies and programs to be carried out by the National Highway Traffic Safety Administration to improve— (i) the reporting of impaired driving arrest and citation data to Federal databases; or (ii) the interstate sharing of impaired driving conviction and license-suspension data; and (G) any recommendations for programs or grant funding to be authorized by Congress to improve— (i) the reporting of impaired driving arrest and citation data to Federal databases; or (ii) the interstate sharing of impaired driving conviction and license-suspension data. (3) Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report on the results of the study conducted under paragraph (1). | https://www.govinfo.gov/content/pkg/BILLS-117s1999is/xml/BILLS-117s1999is.xml |
117-s-2000 | II Calendar No. 90 117th CONGRESS 1st Session S. 2000 IN THE SENATE OF THE UNITED STATES June 9, 2021 Mr. Menendez (for himself, Mr. Rubio , Mr. Van Hollen , Mr. Coons , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations June 24, 2021 Reported by Mr. Menendez , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To promote the United States-Greece defense partnership, and for other purposes.
1. Short title This Act may be cited as the U.S.-Greece Defense and Interparliamentary Partnership Act of 2021 . 2. Findings Congress makes the following findings: (1) The United States and Greece are strong allies in the North Atlantic Treaty Organization (NATO) and have deepened their defense relationship in recent years in response to growing security challenges in the Eastern Mediterranean region. (2) Greece participates in several NATO missions, including Operation Sea Guardian in the Mediterranean and NATO’s mission in Kosovo. (3) The Eastern Mediterranean Security and Energy Partnership Act (title II of division J of Public Law 116–94 ), authorized new security assistance for Greece and Cyprus, lifted the United States prohibition on arms transfers to Cyprus, and authorized the establishment of a United States-Eastern Mediterranean Energy Center to facilitate energy cooperation among the United States, Greece, Israel, and Cyprus. (4) The United States has demonstrated its support for the trilateral partnership of Greece, Israel, and Cyprus through joint engagement with Cyprus, Greece, Israel, and the United States in the 3+1 format. (5) The United States and Greece have held Strategic Dialogue meetings in Athens, Washington DC, and virtually, and have committed to hold an upcoming Strategic Dialogue session in 2021 in Washington, DC. (6) In October 2019, the United States and Greece agreed to update the U.S.-Greece Mutual Defense Cooperation Agreement, and the amended agreement officially entered into force on February 13, 2020. (7) The amended Mutual Defense Cooperation Agreement provides for increased joint United States-Greece and NATO activities at Greek military bases and facilities in Larissa, Stefanovikeio, Alexandroupolis, and other parts of central and northern Greece, and allows for infrastructure improvements at the United States Naval Support Activity Souda Bay base on Crete. (8) In October 2020, Greek Foreign Minister Nikos Dendias announced that Greece hopes to further expand the Mutual Defense Cooperation Agreement with the United States. (9) The United States Naval Support Activity Souda Bay serves as a critical naval logistics hub for the United States Navy’s 6th Fleet. (10) In June 2020, United States Ambassador to Greece Geoffrey Pyatt characterized the importance of Naval Support Activity Souda Bay as our most important platform for the projection of American power into a strategically dynamic Eastern Mediterranean region. From Syria to Libya to the chokepoint of the Black Sea, this is a critically important asset for the United States, as our air force, naval, and other resources are applied to support our Alliance obligations and to help bring peace and stability. . (11) During a September 2020 visit to Souda Bay, then-Secretary of State Mike Pompeo announced that the USS Hershel Woody Williams, the second of a new class of United States sea-basing ships, will be based out of Souda Bay, the first permanent United States naval deployment at the base. (12) The United States cooperates with the Hellenic Armed Forces at facilities in Larissa, Stefanovikeio, and Alexandroupolis, where the United States Armed Forces conduct training, refueling, temporary maintenance, storage, and emergency response. (13) The United States has conducted a longstanding International Military Education and Training program with Greece, and the Government of Greece has committed to provide $3 for every dollar invested by the United States in the program. (14) Greece’s defense spending in 2020 amounted to an estimated 2.68 percent of its gross domestic product (GDP), exceeding NATO’s 2 percent of GDP benchmark agreed to at the 2014 NATO Summit in Wales. (15) In September 2020, Greek Prime Minister Kyriakos Mitsotakis announced plans to modernize all three branches of the Hellenic Armed Forces, which will strengthen Greece’s military position in the Eastern Mediterranean. (16) The modernization includes upgrades to the arms of all three branches, including new anti-tank weapons for the Hellenic Army, new heavy-duty torpedoes for the Hellenic Navy, and new guided missiles for the Hellenic Air Force. (17) The Hellenic Navy also plans to upgrade its four MEKO 200HN frigates and purchase four new multirole frigates of an undisclosed type, to be accompanied by 4 MH–60R anti-submarine helicopters. (18) The Hellenic Air Force plans to upgrade 84 of its fleet of F–16 jets to the F–16 Viper variant by 2027 and has expressed interest in participating in the F–35 Joint Strike Fighter program. (19) The United States ejected Turkey from the F–35 Joint Strike Fighter Program in July 2019 as a result of its purchase of the Russian S–400 air defense system. Eight F–35 Joint Strike Fighters were produced for Turkey but never delivered as a result of its ejection from the program. 3. Sense of Congress It is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Investment Program; (5) the United States Government should continue to deepen strong partnerships with the Greek military, especially in co-development and co-production opportunities with the Greek Navy; (6) the naval partnership with Greece at Souda Bay and Alexandroupolis is mutually beneficial to the national security of the United States and Greece; (7) the United States should support the sale of F–35 Joint Strike Fighters to Greece to include those F–35 aircraft produced for but never delivered to Turkey as a result of Turkey’s exclusion from the program due to its purchase of the Russian S–400 air defense system; (8) the United States Government should continue to invest in International Military Education and Training (IMET) programs in Greece; (9) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (10) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should support private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (11) the Mutual Defense Cooperation Agreement with Greece should be extended and include deepened partnerships at Greek military facilities throughout the country, and, as appropriate and necessary, the United States should partner with Greece in order to increase rotational deployments and presences of forward-based troops at Greek bases; (12) the United States Government should restore congressionally appropriated military construction funds for construction projects at Naval Support Activity Souda Bay focused on a warehouse storage facility and an airport passenger terminal; and (13) the United States Government should establish the United States-Eastern Mediterranean Energy Center as authorized in the Eastern Mediterranean Energy and Security Partnership Act of 2019. 4. Authorization of appropriations for European Recapitalization Incentive Program There is authorized to be appropriated for the Department of State $25,000,000 for each of fiscal years 2022 through 2026 for European Recapitalization Incentive Program (ERIP) assistance to Greece to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. 5. Sense of Congress on loan program It is the sense of Congress that— (1) as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces; and (2) such loans should be considered an additive security partnership tool, and not a substitute for European Recapitalization Incentive Program assistance. 6. Expedited excess defense articles transfer program (a) In general During fiscal years 2022 through 2026, the delivery of excess defense articles to Greece shall be given the same priority as that given other countries and regions under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). (b) Report During each fiscal year listed in subsection (a), the Secretary of Defense, with the concurrence of the Secretary of State, shall report not later than October 31 to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives on Greece’s defense needs and how the United States will seek to address such needs through transfers of excess defense equipment to Greece for that fiscal year. 7. Delivery of F–35 joint strike fighter aircraft to Greece The President is authorized to expedite delivery of any future F–35 aircraft once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require. Such transfer shall be submitted to Congress pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ). 8. IMET cooperation with Greece (a) Authorization of appropriations There is authorized to be appropriated to the Department of State $1,000,000 for each of fiscal years 2022 through 2026 for International Military Education and Training (IMET) assistance for Greece. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights. 9. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group (a) Establishment There is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed jointly by the majority leader and the minority leader of the Senate. (c) Meetings Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People's Republic of China and the Russian Federation. 10. Appropriate congressional committees In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
1. Short title This Act may be cited as the U.S.-Greece Defense and Interparliamentary Partnership Act of 2021 . 2. Findings Congress makes the following findings: (1) The United States and Greece are strong allies in the North Atlantic Treaty Organization (NATO) and have deepened their defense relationship in recent years in response to growing security challenges in the Eastern Mediterranean region. (2) Greece participates in several NATO missions, including Operation Sea Guardian in the Mediterranean and NATO’s mission in Kosovo. (3) The Eastern Mediterranean Security and Energy Partnership Act (title II of division J of Public Law 116–94 ), authorized new security assistance for Greece and Cyprus, lifted the United States prohibition on arms transfers to Cyprus, and authorized the establishment of a United States-Eastern Mediterranean Energy Center to facilitate energy cooperation among the United States, Greece, Israel, and Cyprus. (4) The United States has demonstrated its support for the trilateral partnership of Greece, Israel, and Cyprus through joint engagement with Cyprus, Greece, Israel, and the United States in the 3+1 format. (5) The United States and Greece have held Strategic Dialogue meetings in Athens, Washington D.C., and virtually, and have committed to hold an upcoming Strategic Dialogue session in 2021 in Washington, D.C. (6) In October 2019, the United States and Greece agreed to update the United States-Greece Mutual Defense Cooperation Agreement, and the amended agreement officially entered into force on February 13, 2020. (7) The amended Mutual Defense Cooperation Agreement provides for increased joint United States-Greece and NATO activities at Greek military bases and facilities in Larissa, Stefanovikio, Alexandroupolis, and other parts of central and northern Greece, and allows for infrastructure improvements at the United States Naval Support Activity Souda Bay base on Crete. (8) In October 2020, Greek Foreign Minister Nikos Dendias announced that Greece hopes to further expand the Mutual Defense Cooperation Agreement with the United States. (9) The United States Naval Support Activity Souda Bay serves as a critical naval logistics hub for the United States Navy’s 6th Fleet. (10) In June 2020, United States Ambassador to Greece Geoffrey Pyatt characterized the importance of Naval Support Activity Souda Bay as our most important platform for the projection of American power into a strategically dynamic Eastern Mediterranean region. From Syria to Libya to the chokepoint of the Black Sea, this is a critically important asset for the United States, as our air force, naval, and other resources are applied to support our Alliance obligations and to help bring peace and stability. . (11) During a September 2020 visit to Souda Bay, then-Secretary of State Mike Pompeo announced that the USS Hershel Woody Williams, the second of a new class of United States sea-basing ships, will be based out of Souda Bay, the first permanent United States naval deployment at the base. (12) The United States cooperates with the Hellenic Armed Forces at facilities in Larissa, Stefanovikio, and Alexandroupolis, where the United States Armed Forces conduct training, refueling, temporary maintenance, storage, and emergency response. (13) The United States has conducted a longstanding International Military Education and Training (IMET) program with Greece, and the Government of Greece has committed to provide $3 for every dollar invested by the United States in the program. (14) Greece’s defense spending in 2020 amounted to an estimated 2.68 percent of its gross domestic product (GDP), exceeding NATO’s 2 percent of GDP benchmark agreed to at the 2014 NATO Summit in Wales. (15) Greece is eligible for the delivery of excess defense articles under section 516(c)(2) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2321j(c)(2) ). (16) In September 2020, Greek Prime Minister Kyriakos Mitsotakis announced plans to modernize all three branches of the Hellenic Armed Forces, which will strengthen Greece’s military position in the Eastern Mediterranean. (17) The modernization includes upgrades to the arms of all three branches, including new anti-tank weapons for the Hellenic Army, new heavy-duty torpedoes for the Hellenic Navy, and new guided missiles for the Hellenic Air Force. (18) The Hellenic Navy also plans to upgrade its four MEKO 200HN frigates and purchase four new multirole frigates of an undisclosed type, to be accompanied by 4 MH-60R anti-submarine helicopters. (19) The Hellenic Air Force plans to fully upgrade its fleet of F–16 jets to the F–16 Viper variant by 2027 and has expressed interest in participating in the F–35 Joint Strike Fighter program. (20) The United States ejected Turkey from the F–35 Joint Strike Fighter Program in July 2019 as a result of its purchase of the Russian S-400 air defense system. Eight F–35 Joint Strike Fighters were produced for Turkey but never delivered as a result of its ejection from the program. 3. Sense of Congress It is the sense of Congress that— (1) Greece is a pillar of stability in the Eastern Mediterranean region and the United States should remain committed to supporting its security and prosperity; (2) the 3+1 format of cooperation among Cyprus, Greece, Israel, and the United States has been a successful forum to cooperate on energy issues and should be expanded to include other areas of common concern to the members; (3) the United States should increase and deepen efforts to partner with and support the modernization of the Greek military; (4) it is in the interests of the United States that Greece continue to transition its military equipment away from Russian-produced platforms and weapons systems through the European Recapitalization Investment Program; (5) the United States Government should continue to deepen strong partnerships with the Greek military, especially in co-development and co-production opportunities with the Greek Navy; (6) the naval partnerships with Greece at Souda Bay and Alexandroupolis are mutually beneficial to the national security of the United States and Greece; (7) the United States should, as appropriate, support the sale of F–35 Joint Strike Fighters to Greece to include those F–35 aircraft produced for but never delivered to Turkey as a result of Turkey’s exclusion from the program due to its purchase of the Russian S-400 air defense system; (8) the United States Government should continue to invest in International Military Education and Training (IMET) programs in Greece; (9) the United States Government should support joint maritime security cooperation exercises with Cyprus, Greece, and Israel; (10) in accordance with its legal authorities and project selection criteria, the United States Development Finance Corporation should consider supporting private investment in strategic infrastructure projects in Greece, to include shipyards and ports that contribute to the security of the region and Greece’s prosperity; (11) the Mutual Defense Cooperation Agreement with Greece should be extended for a period of five years and include deepened partnerships at Greek military facilities throughout the country, and, as appropriate and necessary, the United States should partner with Greece in order to increase rotational deployments and presences of forward-based troops at Greek bases; (12) the United States Government should restore congressionally appropriated military construction funds for construction projects at Naval Support Activity Souda Bay focused on a warehouse storage facility and an airport passenger terminal that were redirected to United States border wall programs in 2019; and (13) the United States Government should establish the United States-Eastern Mediterranean Energy Center as authorized in the Eastern Mediterranean Energy and Security Partnership Act of 2019. 4. Authorization of appropriations for European Recapitalization Incentive Program There is authorized to be appropriated for the Department of State $25,000,000 for each of fiscal years 2022 through 2026 for European Recapitalization Incentive Program (ERIP) assistance to Greece to assist the country in meeting its defense needs and transitioning away from Russian-produced military equipment. 5. Sense of Congress on loan program It is the sense of Congress that— (1) as appropriate, the United States Government should provide direct loans to Greece for the procurement of defense articles, defense services, and design and construction services pursuant to the authority of section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ) to support the further development of Greece’s military forces; and (2) such loans should be considered an additive security partnership tool, and not a substitute for European Recapitalization Incentive Program assistance. 6. Transfer of F–35 joint strike fighter aircraft to Greece The President is authorized to expedite delivery of any future F–35 aircraft to Greece once Greece is prepared to move forward with such a purchase on such terms and conditions as the President may require. Such transfer shall be submitted to Congress pursuant to the certification requirements under section 36 of the Arms Export Control Act ( 22 U.S.C. 2776 ). 7. Report on expedited excess defense articles transfer program During each of fiscal years 2022 through 2026, the Secretary of Defense, with the concurrence of the Secretary of State, shall report not later than October 31 to the appropriate congressional committees and the Committees on Armed Services of the Senate and the House of Representatives on Greece’s defense needs and how the United States will seek to address such needs through transfers of excess defense equipment to Greece for that fiscal year. 8. IMET cooperation with Greece (a) Authorization of appropriations There is authorized to be appropriated to the Department of State $1,800,000 for each of fiscal years 2022 through 2026 for International Military Education and Training (IMET) assistance for Greece. The assistance shall be made available for the following purposes: (1) Training of future leaders. (2) Fostering a better understanding of the United States. (3) Establishing a rapport between the United States Armed Forces and Greece’s military to build partnerships for the future. (4) Enhancement of interoperability and capabilities for joint operations. (5) Focusing on professional military education, civilian control of the military, and protection of human rights. 9. Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group (a) Establishment There is established a group, to be known as the Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group , to serve as a legislative component to the 3+1 process launched in Jerusalem in March 2019. (b) Membership The Cyprus, Greece, Israel, and the United States 3+1 Interparliamentary Group shall include a group of not more than 6 United States Senators, to be known as the United States group , who shall be appointed jointly by the majority leader and the minority leader of the Senate. (c) Meetings Not less frequently than once each year, the United States group shall meet with members of the 3+1 group to discuss issues on the agenda of the 3+1 deliberations of the Governments of Greece, Israel, Cyprus, and the United States to include maritime security, defense cooperation, energy initiatives, and countering malign influence efforts by the People's Republic of China and the Russian Federation. 10. Appropriate congressional committees In this Act, the term appropriate congressional committees means— (1) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (2) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.
June 24, 2021 Reported with an amendment | https://www.govinfo.gov/content/pkg/BILLS-117s2000rs/xml/BILLS-117s2000rs.xml |
117-s-2001 | II 117th CONGRESS 1st Session S. 2001 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. King (for himself, Mr. Paul , Mr. Hoeven , Mr. Cramer , Mrs. Blackburn , Mr. Lee , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Meat Inspection Act to exempt from inspection the slaughter of animals and the preparation of carcasses conducted at a custom slaughter facility, and for other purposes.
1. Short title This Act may be cited as the Processing Revival and Intrastate Meat Exemption Act or the PRIME Act . 2. Exemption for slaughter and preparation occurring at custom slaughter facilities Section 23 of the Federal Meat Inspection Act ( 21 U.S.C. 623 ) is amended— (1) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (2) by inserting after subsection (a) the following: (b) Exemption for slaughter and preparation occurring at custom slaughter facilities (1) Definition of State In this subsection, the term State means any State or Territory. (2) Exemption The provisions of this title requiring inspection of the slaughter of animals and the preparation of the carcasses, parts thereof, meat, and meat food products at establishments conducting those operations for commerce shall not apply to the slaughtering by any person of animals at a custom slaughter facility and the preparation at that custom slaughter facility and transportation in commerce of the carcasses, parts thereof, meat, and meat food products of those animals if— (A) the slaughtering and preparation carried out at the custom slaughter facility is carried out in accordance with the law of the State in which the custom slaughter facility is located; and (B) the animals are slaughtered and the carcasses, parts thereof, meat, and meat food products of the animals are prepared exclusively for distribution to— (i) household consumers within the State in which the custom slaughter facility is located; or (ii) restaurants, hotels, boarding houses, grocery stores, or other establishments located in the State in which the custom slaughter facility is located that— (I) are involved in the preparation of meals served directly to consumers; or (II) offer meat and meat food products for sale directly to consumers in the State. ; and (3) in subsection (c) (as so redesignated), in the second sentence, by striking paragraph (b) and inserting subsection . 3. No preemption of State law Nothing in an amendment made by section 2 preempts any State law relating to— (1) the slaughter of animals or the preparation of carcasses, parts thereof, meat, and meat food products at a custom slaughter facility; or (2) the sale of meat or meat food products. | https://www.govinfo.gov/content/pkg/BILLS-117s2001is/xml/BILLS-117s2001is.xml |
117-s-2002 | II 117th CONGRESS 1st Session S. 2002 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide that any termination of a director of a national research institute or national center of the National Institutes of Health be on the basis of malfeasance, neglect of office, or incapacity only.
1. Short title This Act may be cited as the National Institutes of Health Director Protection Act . 2. Removal of directors of the national research institute or national center of the NIH Section 405(a)(2)(E) of the Public Health Service Act ( 42 U.S.C. 284(a)(2)(E) ) is amended— (1) in the subparagraph heading, by striking Rule of construction and inserting Termination for cause ; and (2) by inserting , except that any such termination may be made only on the basis of malfeasance by, neglect of office by, or incapacity of the director before the period. | https://www.govinfo.gov/content/pkg/BILLS-117s2002is/xml/BILLS-117s2002is.xml |
117-s-2003 | II 117th CONGRESS 1st Session S. 2003 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Rubio (for himself, Mr. Menendez , Ms. Collins , Mrs. Shaheen , Mr. Young , Mr. Coons , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To authorize appropriations for the Department of State for fiscal years 2021 through 2023 to provide assistance to El Salvador, Guatemala, and Honduras through bilateral compacts to increase protection of women and children in their homes and communities and reduce female homicides, domestic violence, and sexual assault.
1. Short title This Act may be cited as the Central American Women and Children Protection Act of 2021 . 2. Findings Congress finds the following: (1) The Northern Triangle countries of El Salvador, Guatemala, and Honduras have among the highest homicide rates in the world. In 2020, there were— (A) 19.7 homicides per 100,000 people in El Salvador; (B) 15.4 homicides per 100,000 people in Guatemala; and (C) 37.6 homicides per 100,000 people in Honduras. (2) El Salvador, Guatemala, and Honduras are characterized by a high prevalence of drug- and gang-related violence, murder, and crimes involving sexual- and gender-based violence against women and children, including domestic violence, child abuse, and sexual assault. (3) In 2019, El Salvador, Guatemala, and Honduras were all listed among the 7 countries in the Latin America and Caribbean region with the highest rates of femicides (the intentional killing of women or girls because of their gender). In 2019— (A) 113 women in El Salvador were victims of femicide; (B) 160 women in Guatemala were victims of femicide; and (C) 299 women in Honduras were victims of femicide or violent homicide. (4) In 2015, El Salvador and Honduras were among the top 3 countries in the world with the highest child homicides rates, with more than 22 and 32 deaths per 100,000 children, respectively, according to the nongovernmental organization Save the Children. (5) Thousands of women, children, and families from El Salvador, Guatemala, and Honduras fled unsafe homes and communities in 2019. (6) Violent crimes against women and children are generally assumed to be substantially under-reported because the majority of victims lack safe access to protection and justice. (7) Impunity for perpetrators of violence against women is rampant in El Salvador, Guatemala, and Honduras. There was a 5 percent conviction rate for violence against women in El Salvador in 2016 and 2017. The impunity level for violence against women in Guatemala was 97.05 percent in 2018. In 2018, there was an impunity rate of 95 percent for violence against women in Honduras. (8) According to a study conducted by the Woodrow Wilson International Center for Scholars— (A) childhood experiences with domestic violence in Latin America are a major risk factor for future criminal behavior; and (B) 56 percent of incarcerated women and 59 percent of incarcerated men surveyed experienced intra-familial violence during childhood. 3. Women and children protection compacts (a) Authorization to enter into compacts The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, is authorized to enter into multi-year, bilateral agreements of not longer than 6 years in duration, developed in conjunction with the governments of El Salvador, Guatemala, and Honduras (referred to in this Act as Compact Countries ). Such agreements shall be known as Women and Children Protection Compacts (referred to in this Act as Compacts ). (b) Purpose Each Compact shall— (1) set out the shared goals and objectives of the United States and the government of the Compact Country; and (2) be aimed at strengthening the Compact Country’s efforts— (A) to strengthen criminal justice and civil court systems to protect women and children and serve victims of domestic violence, sexual violence, and child exploitation and neglect, and hold perpetrators accountable; (B) to secure, create, and sustain safe communities, building on best practices to prevent and deter violence against women and children; (C) to ensure that schools are safe and promote the prevention and early detection of domestic abuse against women and children within communities; and (D) to increase access to high-quality, life-saving health care, including post-rape and dignity kits, psychosocial support, and dedicated spaces and shelters for gender-based violence survivors, in accordance with international standards. (c) Compact elements Each Compact shall— (1) establish a 3- to 6-year cooperative strategy and assistance plan for achieving the shared goals and objectives articulated in such Compact; (2) be informed by the assessments of— (A) the areas within the Compact Country experiencing the highest incidence of violence against women and children; (B) the ability of women and children to access protection and obtain effective judicial relief; and (C) the judicial capacity to respond to reports within the Compact Country of femicide, sexual and domestic violence, and child exploitation and neglect, and to hold the perpetrators of such criminal acts accountable; (3) seek to address the driving forces of violence against women and children, which shall include efforts to break the binding constraints to inclusive economic growth and access to justice; (4) identify clear and measurable goals, objectives, and benchmarks under the Compact to detect, deter and respond to violence against women and children; (5) set out clear roles, responsibilities, and objectives under the Compact, which shall include a description of the anticipated policy and financial commitments of the central government of the Compact Country; (6) seek to leverage and deconflict contributions and complementary programming by other donors, international organizations, multilateral institutions, regional organizations, nongovernmental organizations, and the private sector, as appropriate; (7) include a description of the metrics and indicators to monitor and measure progress toward achieving the goals, objectives, and benchmarks under the Compact, including reductions in the prevalence of femicide, sexual assault, domestic violence, and child abuse and neglect; (8) provide for the conduct of an impact evaluation not later than 1 year after the conclusion of the Compact; and (9) provide for a full accounting of all funds expended under the Compact, which shall include full audit authority for the Office of the Inspector General of the Department of State, the Office of the Inspector General of the United States Agency for International Development, and the Government Accountability Office, as appropriate. (d) Sunset The authority to enter into Compacts under this Act shall expire on September 30, 2023. 4. Authorization of assistance (a) Assistance The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, is authorized to provide assistance under this section. (b) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of the fiscal years 2022 and 2023 to carry out this Act. (c) Implementers Assistance authorized under subsection (a) may be provided through grants, cooperative agreements, contracts or other innovative financing instruments to civil society, international organizations, or other private entities with relevant expertise. (d) Prohibition on direct budgetary support No funds appropriated pursuant to subsection (b) may be provided as direct budgetary support to the Government of El Salvador, the Government of Guatemala, or the Government of Honduras. (e) Suspension of assistance (1) In general The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, may suspend or terminate assistance authorized under this Act if the Secretary determines that the Compact Country or implementing entity— (A) is engaged in activities that are contrary to the national security interests of the United States; (B) has engaged in a pattern of actions inconsistent with the goals, objectives, commitments, or obligations under the Compact; or (C) has failed to make sufficient progress toward meeting the goals, objectives, commitments, or obligations under the Compact. (2) Reinstatement The Secretary of State, in coordination with the Administrator of the United States Agency for International Development, may reinstate assistance suspended or terminated pursuant to paragraph (1) only if the Secretary certifies to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives that the Compact Country or implementing entity has taken steps to correct each condition for which assistance was suspended or terminated under paragraph (1). (3) Notification and report Not later than 15 days before suspending or terminating assistance pursuant to paragraph (1), the Secretary, in coordination with the Administrator of the United States Agency for International Development, shall notify the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives of the suspension or termination, including a justification for such action. 5. Congressional notification Not later than 15 days before entering into a Compact with the Government of Guatemala, the Government of Honduras, or the Government of El Salvador, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit to the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives — (1) a copy of the proposed Compact; (2) a detailed summary of the cooperative strategy and assistance plan required under section 3(c); and (3) a copy of any annexes, appendices, or implementation plans related to the Compact. 6. Compact progress reports and briefings (a) Progress report Not later than 1 year after entering into a Compact, and annually during the life of the Compact, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, shall submit a report to the congressional committees listed in section 5 that describes the progress made under the Compact. (b) Contents The report under subsection (a) shall include— (1) analysis and information on the overall rates of gender-based violence against women and children in El Salvador, Guatemala, and Honduras, including by using survivor surveys, regardless of whether or not these acts of violence are reported to government authorities; (2) analysis and information on incidences of cases of gender-based violence against women and children reported to the authorities in El Salvador, Guatemala, and Honduras, and the percentage of alleged perpetrators investigated, apprehended, prosecuted, and convicted; (3) analysis and information on the capacity and resource allocation of child welfare systems in El Salvador, Guatemala, and Honduras to protect unaccompanied children; (4) the percentage of reported violence against women and children cases reaching conviction; (5) a baseline and percentage changes in women and children victims receiving legal and other social services; (6) a baseline and percentage changes in school retention rates; (7) a baseline and changes in capacity of police, prosecution service, and courts to combat violence against women and children; (8) a baseline and changes in capacity of health, protection, and other relevant ministries to support survivors of gender-based violence; and (9) independent external evaluation of funded programs, including compliance with terms of the Compacts by El Salvador, Guatemala, and Honduras, and by the recipients of the assistance. (c) Briefing Not later than 180 days after the date of the enactment of this Act, the Secretary of State and the Administrator of the United States Agency for International Development shall provide a briefing to the congressional committees listed in section 5 regarding— (1) the data and information collected pursuant to this section; and (2) the steps taken to protect and assist victims of domestic violence, sexual violence, and child exploitation and neglect. | https://www.govinfo.gov/content/pkg/BILLS-117s2003is/xml/BILLS-117s2003is.xml |
117-s-2004 | II 117th CONGRESS 1st Session S. 2004 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Padilla (for himself, Ms. Warren , Mrs. Feinstein , and Mr. Markey ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the basic needs of students at institutions of higher education.
1. Short title This Act may be cited as the Basic Assistance for Students In College Act or the BASIC Act . 2. Data Sharing (a) In general Not later than 90 days after the date of enactment of this Act, the Secretary of Education, in coordination with the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the Secretary of Health and Human Services, shall develop and implement an agreement to— (1) securely share data among the respective Federal agencies of such Secretaries in order to, notwithstanding section 483(a)(3)(E) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(a)(3)(E) ) and section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ), identify students described in subsection (b) who may be eligible for Federally funded programs to support basic needs through— (A) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), a nutrition assistance program carried out under section 19 of such Act ( 7 U.S.C. 2028 ), or a nutrition assistance program carried out by the Secretary of Agriculture in the Northern Mariana Islands; (B) the supplemental security income program under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ); (C) the program of block grants to States for temporary assistance for needy families under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (D) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ); (E) the Medicaid program under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ); (F) Federal housing assistance programs, including tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ); (G) Federal child care assistance programs, including assistance under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ) and the Child Care Access Means Parents in School Program under section 419N of the Higher Education Act of 1965 ( 20 U.S.C. 1070e ); (H) the free and reduced price school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (I) the refundable credit for coverage under a qualified health plan under section 36B of the Internal Revenue Code of 1986; (J) the Earned Income Tax Credit under section 32 of the Internal Revenue Code of 1986; (K) the Child Tax Credit under section 24 of the Internal Revenue Code of 1986; or (L) any other Federally funded program determined by the Secretary to be appropriate; and (2) coordinate efforts to provide assistance to institutions of higher education to facilitate the enrollment of eligible students in the programs listed in paragraph (1). (b) Covered students Students described in this subsection are students who— (1) have applied for Federal financial aid; (2) are enrolled at institutions of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )), including full-time and part-time students; and (3) have not opted out of the information sharing under this section through the process described in subsection (c) or any other process established by the Secretary of Education. (c) Inclusion on FAFSA (1) In general Students and borrowers, through the Free Application for Federal Student Aid under section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ), may authorize the Secretary of Education to disclose to the Federal agencies described in subsection (a)(1) information provided by the applicant on the application described by this subsection, as well as such applicant’s student aid index and scheduled Federal Pell Grant award, to assist in identification, outreach and application efforts for the application, award, and administration of such means-tested Federal benefits programs, except such information shall not include Federal tax information as specified in section 6103(l)(13)(C) of the Internal Revenue Code of 1986. (2) Opt-out The Secretary shall provide an opportunity for students and borrowers to opt out of the authorization described in paragraph (1). 3. Grants to support the basic needs of students Title VIII of the Higher Education Act of 1965 ( 20 U.S.C. 1161a ) is amended by adding at the end the following: BB Grants to support the basic needs of students 899. Grants to support the basic needs of students (a) Definitions In this section: (1) Basic needs The term basic needs means the needs of students that support their success while enrolled at an eligible institution, including needs such as— (A) food; (B) housing; (C) transportation; (D) child care; (E) health care; and (F) technology. (2) Community college The term community college means a public institution of higher education at which the highest degree that is predominantly awarded to students is an associate degree, including a 2-year Tribal Colleges or University, as defined in section 316. (3) Eligible institution The term eligible institution means an institution of higher education (as defined in section 102) that participates in programs under title IV. (b) Planning Grants (1) In General The Secretary shall award planning grants, on a competitive basis, to eligible institutions to enable the eligible institutions to conduct research and planning to reduce incidences of student food insecurity, housing insecurity, and homelessness and to meet other basic needs of students, by carrying out the activities described in paragraph (2). (2) Activities An eligible institution receiving a grant under this subsection shall use grant funds to carry out the following: (A) Establish a basic needs steering committee that will be responsible for creating and approving the basic needs strategy described in subparagraph (C), and that will be comprised of relevant campus stakeholders, such as— (i) students who have experienced challenges in meeting basic needs; (ii) student government representatives; (iii) institutional staff representing the areas of student financial aid, housing, dining, student affairs, academic advising, equity support services, accessibility services, and well-being services (including counseling or psychological services); (iv) faculty; (v) relevant administrators, including local human services administrators; (vi) community-based organizations; and (vii) representatives from local governmental agencies; (B) Conduct research regarding— (i) the level of unmet basic needs at the institution, disaggregated by race and ethnicity, income quintile, status as a first-generation college student (as defined in section 402A(h)), Federal Pell Grant eligibility status, disability status, status as a student parent, sex (including sexual orientation and gender identity), or other subgroup as determined by the institution; (ii) the presence of institutional barriers (such as award displacement) and current institutional interventions to address basic needs insecurity; (iii) (I) the resources and activities available to address basic needs of students, both on campus and off campus, as of the date of the research; and (II) the impact of such resources and activities; and (iv) opportunities for coordination and collaboration between the institution and government or community-based organizations, such as— (I) the local office that administers benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) and carries out employment and training programs under that Act or the temporary assistance for needy families program (TANF) and subsidized programs that meet the work requirements under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ); (II) organizations that participate in the Federal work-study program under part C of title IV; or (III) low-income housing assistance organizations, including those assisting with tenant-based assistance under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), and public housing, as defined in section 3(b)(1) of such Act ( 42 U.S.C. 1437a(b)(1) ). (C) Create a basic needs strategy that describes how the institution will— (i) seek to address or meet the basic needs of students through on-campus and off-campus providers; and (ii) incorporate the research conducted under subparagraph (B), including with respect to the subgroups identified under clause (i) of subparagraph (B), into the basic needs strategy. (3) Grant amounts; duration (A) Amount A grant under this subsection shall be in an amount not to exceed $50,000. (B) Duration A grant under this subsection shall be for a period of not more than 2 years. (4) Report Not later than 60 days after the end of the planning grant period under this subsection, each eligible institution that receives such a grant shall submit a report to the Secretary describing the outcomes of the planning grant, regardless of whether the eligible institution intends to apply for an implementation grant. (c) Implementation grants (1) In General (A) Authorization of award The Secretary shall award implementation grants, on a competitive basis, to eligible institutions to enable the eligible institutions to develop infrastructure to meet the basic needs of students, by implementing a basic needs strategy developed through a grant award under subsection (b) or another existing basic needs plan approved by the Secretary, and carrying out the activities described in paragraph (2). (B) Ongoing external funding In order to be eligible to receive an implementation grant under this subsection, an eligible institution shall identify, in the application for such grant, an ongoing non-Federal funding mechanism to support the activities carried out with grant funds after the grant period has expired. (2) Activities An eligible institution receiving a grant under this subsection shall use the grant funds to carry out at least two of the following: (A) Providing free or subsidized food, secure sleeping arrangements, temporary housing, priority access to existing on-campus child care, and other basic needs to eligible students. (B) Conducting outreach to students to reduce stigma, educate, and encourage students to participate in programs and receive services (including programs and services provided through grant funding) to meet basic needs. (C) Educating students about public assistance programs (including State and local public assistance programs, and the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ), Federal housing assistance programs, and other income-based Federal assistance programs), supporting students' applications for those programs, and providing case management and training for students to maximize the public assistance that students receive to meet basic needs. (D) Coordination and collaboration between the eligible institution and government or community-based organizations, such as the local office that administers benefits through the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) or a low-income housing assistance organization. (E) Purchasing materials, equipment, transportation, or facilities to reduce incidences of food and housing insecurity and address the basic needs of students at the eligible institution. (F) Hiring and training personnel to build basic needs infrastructure and implement programming to meet the basic needs of students at the eligible institution. (G) Other activities or services determined appropriate by the Secretary. (3) Grant amounts; duration (A) Amount A grant under this subsection shall be in an amount not to exceed $1,000,000 total for each 5-year period. (B) Duration A grant under this subsection shall be for a period of 5 years. (4) Report The Secretary shall prepare and submit to Congress a report that describes— (A) the impact of the grant under this subsection on eligible students; (B) best practices for the provision of basic services to eligible students; (C) the obstacles faced by grant recipients; and (D) State or Federal policy barriers to meeting the basic needs of students at institutions of higher education. (5) Best practices The Secretary shall disseminate to eligible institutions information about best practices, as described in paragraph (4)(B). (d) Reservation; Priority; equitable distribution (1) Reservation In awarding grants under subsections (b) and (c), the Secretary shall reserve an amount equal to not less than 25 percent of the total amount available for grants under those subsections for grant awards to community colleges. (2) Priority In awarding grants under subsections (b) and (c), the Secretary shall give priority to the following: (A) Eligible institutions with respect to which not less than 25 percent of enrolled students are students that are eligible to receive a Federal Pell Grant under subpart 1 of part A of title IV. (B) Eligible institutions that are described in section 371(a). (3) Equitable distribution In awarding grants under subsections (b) and (c), the Secretary shall ensure an equitable distribution of grant awards to eligible institutions in States based on State population. (e) Limitation An eligible institution receiving a grant under— (1) subsection (b) shall not use more than 50 percent of grant funds for personnel expenses; and (2) subsection (c) shall not use more than 75 percent of grant funds for personnel expenses. (f) Authorization of appropriations There are authorized to be appropriated to carry out this section $1,000,000,000 for fiscal years 2022 through 2028, of which— (1) $40,000,000 are authorized to be appropriated to carry out planning grants under subsection (b); and (2) $960,000,000 are authorized to be appropriated to carry out implementation grants under subsection (c). . | https://www.govinfo.gov/content/pkg/BILLS-117s2004is/xml/BILLS-117s2004is.xml |
117-s-2005 | II 117th CONGRESS 1st Session S. 2005 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Boozman (for himself, Mr. Leahy , Mr. McConnell , Mr. Bennet , Mr. Cornyn , Mr. Brown , Mr. Hoeven , Mrs. Hyde-Smith , Mrs. Fischer , Mr. Moran , Mr. Blunt , Mr. Marshall , Mr. Grassley , and Mr. Thune ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Richard B. Russell National School Lunch Act to require alternative options for summer food service program delivery.
1. Short title This Act may be cited as the Hunger-Free Summer for Kids Act of 2021 . 2. Alternative options for summer food service program delivery Section 13 of the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1761 ) is amended— (1) in subsection (a), by adding at the end the following: (13) Alternative options for program delivery (A) Purpose The purpose of this paragraph is to establish the alternative program delivery options described in subparagraph (B)— (i) to provide meals to children that do not have readily available access to meals otherwise provided under this section; and (ii) (I) to increase program participation, effectiveness, and efficiency; (II) to improve child nutrition; and (III) to reduce food insecurity among children. (B) Alternative options The Secretary shall establish the following 2 alternative options for program delivery: (i) Provision of an electronic benefit transfer card (referred to in this paragraph as an EBT card ) in accordance with subparagraph (C). (ii) Off-site consumption in accordance with subparagraph (D). (C) EBT card (i) In general Beginning not later than summer 2023, the Secretary shall make available an option to States to provide program meals under this section through the issuance of EBT cards to the households of eligible children, determined in accordance with clause (iv), for the benefit of those eligible children. (ii) Amount (I) In general Subject to subclause (III), the value of an EBT card provided under this subparagraph shall be $30 per eligible child per month. (II) Annual limitation No household of an eligible child shall receive benefits under this subparagraph for more than 3 months in a summer period. (III) Adjustment On January 1 of each year, the Secretary shall adjust the values described in subclauses (I) and (II) by the same percentage as the adjustment made under subsection (b)(1)(B). (iii) Use of benefits (I) In general An EBT card issued under this subparagraph may be used only for the purchase of food from retail stores approved for participation in the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ). (II) Benefit redemption A retail store shall redeem EBT card benefits under this subparagraph in the same manner that benefits are redeemed under the supplemental nutrition assistance program described in subclause (I). (III) Timing An EBT card issued under this subparagraph may be used by a household for the benefit of an eligible child only when school is out of session for the summer period, as defined by the Secretary. (iv) Eligible children In administering this subparagraph, the Secretary shall ensure that an EBT card— (I) is only issued to a household for the benefit of a child in that household— (aa) who lives or attends school— (AA) in a rural area, as determined by the Secretary; or (BB) outside an area in which poor economic conditions exist; (bb) who has been determined to be eligible for a free or reduced price lunch under this Act and a free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (cc) in accordance with, with respect to the State in which the child resides— (AA) a State agency plan approved by the Secretary pursuant to section 1101(b) of the Families First Coronavirus Response Act ( 7 U.S.C. 2011 note; Public Law 116–127 ); or (BB) an application process developed by the State; and (II) is not issued to a household for the benefit of a child living in an area in which a congregate open feeding site is operating, to prevent duplication in benefits. (D) Off-site consumption (i) In general Beginning not later than summer 2023, the Secretary shall make available an option to States to provide program meals under this section for off-site consumption. (ii) Availability In administering this subparagraph, the Secretary shall ensure that off-site consumption is only available to a child if— (I) the child is determined to be eligible for a free or reduced price lunch under this Act and a free or reduced price breakfast under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ); and (II) not fewer than 1 of the conditions described in clause (iii) is present. (iii) Conditions The conditions referred to in clause (ii)(II) are the following: (I) The child lives or attends school in a rural area, as determined by the Secretary. (II) The child lives or attends school outside an area in which poor economic conditions exist. (III) The program is available to the child at a congregate feeding site but— (aa) the site is closed due to extreme weather conditions; (bb) violence or other public safety concerns in the area prevent the child from traveling safely to the site; (cc) the site is open not more than 4 days a week; or (dd) the site provides only 1 meal per day. (iv) Administration In administering this subparagraph, the Secretary shall ensure that— (I) any meal served through off-site consumption— (aa) meets all applicable State and local health, safety, and sanitation standards; and (bb) meets the requirements under subsection (f)(1); (II) each State gives priority to a child living in an area in which a congregate open feeding site is not reasonably accessible, as determined by the Secretary; (III) the number of reimbursable meals served to each child in a single meal service does not exceed the total number of meals allowed for reimbursement under the program during a 10-day period; and (IV) meals may be provided by entities that participated in a summer meals demonstration project carried out under section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 ( Public Law 111–80 ; 123 Stat. 2132), on the same terms and conditions as provided under the demonstration project. (E) Scope Under this paragraph, a State— (i) may implement an alternative option described in subparagraph (B) in any area described in subitem (AA) or (BB) of subparagraph (C)(iv)(I)(aa) in the State; but (ii) shall not simultaneously implement both alternative options described in subparagraph (B) in the same area in the State. (F) Regulations Not later than October 1, 2022, the Secretary shall promulgate regulations, with an opportunity for notice and comment— (i) to ensure the integrity of the alternative options for program delivery described in subparagraph (B); and (ii) to prevent duplication in benefits received under this paragraph. ; and (2) in subsection (n)— (A) by striking and (6) and inserting (6) ; and (B) by striking the period at the end and inserting ; and (7) the plans of the State for using the alternative options for program delivery described in subsection (a)(13), if applicable. . | https://www.govinfo.gov/content/pkg/BILLS-117s2005is/xml/BILLS-117s2005is.xml |
117-s-2006 | II 117th CONGRESS 1st Session S. 2006 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mrs. Blackburn introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Foreign Sovereign Immunities Act to establish an exception to jurisdictional immunity for a foreign state that discharges a biological weapon, and for other purposes.
1. Short title This Act may be cited as the Stop China-Originated Viral Infectious Diseases Act of 2021 or the Stop COVID Act of 2021 . 2. Exception to jurisdictional immunity of a foreign state (a) In general Section 1605 of title 28, United States Code, is amended— (1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and (2) by inserting after subsection (f) the following: (g) (1) A foreign state shall not be immune from the jurisdiction of the courts of the United States in any case where such foreign state is alleged, whether intentionally or unintentionally, to have discharged a biological agent, as defined in section 178 of title 18, and such discharge results in the bodily injury, death, or damage to property of a national of the United States. (2) Notwithstanding section 2337(2) of title 18, a national of the United States may bring a claim for money damages against a foreign state in accordance with section 2333 of title 18 if the foreign state would not be immune under this subsection. . (b) Applicability The amendment made by subsection (a) shall apply to the discharge of a biological agent that occurred before, on, or after the date of enactment of this Act. | https://www.govinfo.gov/content/pkg/BILLS-117s2006is/xml/BILLS-117s2006is.xml |
117-s-2007 | II 117th CONGRESS 1st Session S. 2007 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Peters (for himself and Mrs. Fischer ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To require the Comptroller General of the United States to conduct a study and submit a report on the use of crash test dummies by the National Highway Traffic Safety Administration, and for other purposes.
1. Short title This Act may be cited as the Furthering Advanced and Inclusive Research for Crash Tests Act or the FAIR Crash Tests Act . 2. GAO report on anthropomorphic crash test dummies Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall conduct a study and submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (1) examines— (A) the processes used by the National Highway Traffic Safety Administration (referred to in this Act as the Administration ) for studying and deploying crash test dummies; (B) (i) the types of crash test dummies used by the Administration as of the date of enactment of this Act; (ii) the seating positions in which those crash test dummies are tested; and (iii) whether the seating position affects disparities in motor vehicle safety outcomes based on demographic characteristics, including sex, and, if so, how the seating position affects those disparities; (C) the biofidelic crash test dummies that are available in the global and domestic marketplace that reflect the physical and demographic characteristics of the driving public in the United States, including— (i) females; (ii) the elderly; (iii) young adults; (iv) children; and (v) individuals of differing body weights; (D) how the Administration determines whether to study and deploy new biofidelic crash test dummies, including the biofidelic crash test dummies examined under subparagraph (C), and the timelines by which the Administration conducts the work of making those determinations and studying and deploying new biofidelic crash test dummies; (E) challenges the Administration faces in studying and deploying new crash test dummies; and (F) how the practices of the Administration with respect to crash test dummies compare to other programs that test vehicles and report results to the public, including the European New Car Assessment Programme; (2) evaluates potential improvements to the processes described in paragraph (1) that could reduce disparities in motor vehicle safety outcomes based on demographic characteristics, including sex; (3) analyzes the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (4) includes, as applicable, any assessments or recommendations relating to crash test dummies that are relevant to reducing disparities in motor vehicle safety outcomes based on demographic characteristics, including sex. 3. Interim report from the Administration Not later than 90 days after the date of enactment of this Act, the Administrator of the Administration shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives a report that— (1) identifies— (A) the types of crash test dummies used by the Administration as of the date of enactment of this Act with respect to— (i) the New Car Assessment Program of the Administration; and (ii) testing relating to Federal Motor Vehicle Safety Standards; (B) how each type of crash test dummy identified under subparagraph (A) is tested with respect to seating position; and (C) any crash test dummies that the Administration is actively evaluating for future use— (i) in the New Car Assessment Program of the Administration; or (ii) for testing relating to Federal Motor Vehicle Safety Standards; (2) explains— (A) the plans of the Administration, including the expected timelines, for putting any crash test dummies identified under paragraph (1)(C) to use as described in that paragraph; (B) any challenges to putting those crash test dummies to use; and (C) the potential use of computer simulation techniques, as a supplement to physical crash tests, to conduct virtual simulations of vehicle crash tests in order to evaluate predicted motor vehicle safety outcomes based on the different physical and demographic characteristics of motor vehicle occupants; and (3) provides policy recommendations for reducing disparities in motor vehicle safety testing and outcomes based on demographic characteristics, including sex. | https://www.govinfo.gov/content/pkg/BILLS-117s2007is/xml/BILLS-117s2007is.xml |
117-s-2008 | II 117th CONGRESS 1st Session S. 2008 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Reed (for himself, Ms. Collins , Mr. Van Hollen , Ms. Cortez Masto , and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To strengthen the United States Interagency Council on Homelessness.
1. Authorization of appropriations for Interagency Council on Homelessness (a) In general Title II of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11311 et seq. ) is amended— (1) in section 208 ( 42 U.S.C. 11318 ), by striking to carry out this title $3,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal years 2011 and inserting such sums as may be necessary to carry out this title ; (2) by striking section 209 ( 42 U.S.C. 11319 ); and (3) by redesignating section 210 ( 42 U.S.C. 11320 ) as section 209. (b) Technical and conforming amendments The table of contents in section 101(b) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11301 note) is amended by striking the items relating to sections 209 and 210 and inserting the following: Sec. 209. Encouragement of State involvement. . | https://www.govinfo.gov/content/pkg/BILLS-117s2008is/xml/BILLS-117s2008is.xml |
117-s-2009 | II 117th CONGRESS 1st Session S. 2009 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Reed (for himself and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To promote transparency by permitting the Public Company Accounting Oversight Board to allow its disciplinary proceedings to be open to the public, and for other purposes.
1. Short title This Act may be cited as the PCAOB Enforcement Transparency Act of 2021 . 2. Open meetings authorized Section 105(c)(2) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7215(c)(2) ) is amended to read as follows: (2) Public hearings Hearings under this section shall be open to the public, unless the Board, on its own motion or after considering the motion of a party, orders otherwise. . 3. Publication of determinations Section 105(d)(1)(C) of the Sarbanes-Oxley Act of 2002 ( 15 U.S.C. 7215(d)(1)(C) ) is amended by striking (once any stay on the imposition of such sanction has been lifted) . | https://www.govinfo.gov/content/pkg/BILLS-117s2009is/xml/BILLS-117s2009is.xml |
117-s-2010 | II 117th CONGRESS 1st Session S. 2010 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Blumenthal (for himself, Mr. Rubio , and Mr. Cardin ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require an accounting of certain property forfeited to the United States, and for other purposes.
1. Short title This Act may be cited as the Justice for Victims of Kleptocracy Act of 2021 . 2. Forfeited property (a) In general Chapter 46 of title 18, United States Code, is amended by adding at the end the following: 988. Accounting of certain forfeited property (a) Accounting The Attorney General shall make available to the public an accounting of any property relating to foreign government corruption that is forfeited to the United States under section 981 or 982. (b) Format The accounting described under subsection (a) shall be published on the website of the Department of Justice in a format that includes the following: (1) A heading as follows: Assets stolen from the people of ______ and recovered by the United States , the blank space being filled with the name of the foreign government that is the target of corruption. (2) The total amount recovered by the United States on behalf of the foreign people that is the target of corruption at the time when such recovered funds are deposited into the Department of Justice Asset Forfeiture Fund or the Department of the Treasury Forfeiture Fund. (c) Updated website The Attorney General shall update the website of the Department of Justice to include an accounting of any new property relating to foreign government corruption that has been forfeited to the United States under section 981 or 982 not later than 14 days after such forfeiture, unless such update would compromise an ongoing law enforcement investigation. . (b) Clerical amendment The table of sections for chapter 46 of title 18, United States Code, is amended by adding at the end the following: 988. Accounting of certain forfeited property. . 3. Sense of Congress It is the sense of Congress that recovered assets be returned for the benefit of the people harmed by the corruption under conditions that reasonably ensure the transparent and effective use, administration, and monitoring of returned proceeds. | https://www.govinfo.gov/content/pkg/BILLS-117s2010is/xml/BILLS-117s2010is.xml |
117-s-2011 | II 117th CONGRESS 1st Session S. 2011 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Coons (for himself and Mr. Blunt ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to honor the contributions of all of those whose efforts led to the successful development of life saving vaccines to combat the novel coronavirus.
1. Short title This Act may be cited as the COVID–19 Vaccine Developers Gold Medal Act . 2. Findings Congress finds the following: (1) Researchers, scientists, doctors, epidemiologists, and others around the world have worked tirelessly and collaboratively to develop lifesaving vaccines to combat the coronavirus by reducing the likelihood of transmission, building immune resiliency, avoiding hospitalizations, and reducing the likelihood of death. (2) Through the academic, research and analytic expertise of universities and their faculty, researchers, and students, their efforts contributed to providing valuable information to the public on the severity of the coronavirus worldwide and, in some cases, contributed to vaccine development. (3) Several of the resulting vaccines represent historic breakthroughs in biopharmaceutical technology, which are predicated on years of leading research conducted in laboratories and hospitals that benefit from the significant financial investment of United States taxpayers through the Department of Health and Human Services, the National Institutes of Health, including the National Institute of Allergy and Infectious Diseases, and the Biomedical Advanced Research and Development Authority. (4) These professionals worked under record timelines to develop safe, effective vaccines demonstrated in trials and granted emergency use authorization by the Food and Drug Administration, outpacing the typical vaccine development timeframe of 5 to 10 years and beating the previous record by 3 years. (5) These remarkable achievements in medical science will have positive implications for future vaccine development, helping to combat new viruses, leading to improvements in health and well-being. (6) The tremendous efforts in vaccine development can be celebrated and attributed to building diverse teams, including the notable efforts of many individuals across the planet. (7) Vaccines authorized for emergency use in the United States benefitted greatly from global cooperation, strategic partnerships, and collaboration with publicly funded agencies and research capabilities of the academic community. (8) As a result of the collaborative efforts, people around the world are benefitting from the administration of vaccines, although work remains to support governments around the world in ensuring vaccines are equitably distributed. (9) The United States, including through cooperation with bilateral and multilateral partnerships, can help scale up manufacturing and distribution to all corners of the globe. (10) The vaccines developed are contributing to the safety of people of the United States, rebuilding the United States economy, and the reunion of families. 3. Congressional gold medals (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a single gold medal of appropriate design in recognition of all those whose efforts led to the successful development of vaccines that received emergency use authorizations to respond to the coronavirus. (b) Design and striking For the purpose of the awards under subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal described in that subsection with suitable emblems, devices, and inscriptions, to be determined by the Secretary. (c) Smithsonian institution (1) In general After the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution where the medal shall be— (A) available for display, as appropriate; and (B) made available for research. (2) Sense of congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for— (A) the purpose of education, research, and the encouragement of science, technology, engineering, and math professions through the Smithsonian Science Education Center; and (B) on display at a physical Smithsonian museum or on loan, as appropriate, so that the medal may be displayed elsewhere. 4. Duplicate medals Under regulations that the Secretary may promulgate, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the cost of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals The medals struck under this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority to use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such sums as may be necessary to pay for the costs of the medal authorized under section 3. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited in the United States Mint Public Enterprise Fund. | https://www.govinfo.gov/content/pkg/BILLS-117s2011is/xml/BILLS-117s2011is.xml |
117-s-2012 | II 117th CONGRESS 1st Session S. 2012 IN THE SENATE OF THE UNITED STATES June 10, 2021 Ms. Sinema (for herself, Mr. Kelly , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend the Radiation Exposure Compensation Act to include certain communities, and for other purposes.
1. Short title This Act may be cited as the Downwinders Parity Act of 2021 . 2. Inclusion under the radiation exposure compensation act Section 4(b)(1) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended— (1) in subparagraph (B)— (A) by striking that portion of ; and (B) by striking that consists of townships 13 through 16 at ranges 63 through 71 ; and (2) in subparagraph (C), by inserting all acreage in any county all or part of which is located in before that part . 3. Report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to the relevant committees of the Senate and the House of Representatives a report that outlines efforts to educate and conduct outreach to persons made newly eligible for benefits under the amendments made by section 2. | https://www.govinfo.gov/content/pkg/BILLS-117s2012is/xml/BILLS-117s2012is.xml |
117-s-2013 | II 117th CONGRESS 1st Session S. 2013 IN THE SENATE OF THE UNITED STATES June 10, 2021 Mr. Casey (for himself, Ms. Ernst , Mr. Grassley , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for the coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance, to ensure State and Federal protection for existing coverage, and for other purposes.
1. Short title This Act may be cited as the Medical Nutrition Equity Act of 2021 . 2. Findings Congress finds the following: (1) Each year, thousands of children and adults in the United States are diagnosed with certain digestive or inherited metabolic disorders that prevent their bodies from digesting or metabolizing the food they need to survive. For them, medically necessary food, which can often be administered as an orally consumed formula, is their treatment. (2) Without medically necessary food, these patients risk malnutrition, surgery, and repeated hospitalizations. They may suffer intellectual disability or even death. Risks in pediatric populations are particularly profound and often severe and also include inadequate growth, abnormal development, cognitive impairment, and behavioral disorders. Specialized medically necessary food is standard-of-care therapy for these patients and is essential to preventing such outcomes. (3) While not every person diagnosed with these conditions needs to be treated with medically necessary food for a prolonged period, it is critical that patients and their physicians be able to consider the full range of options and select the treatment that will be most effective for each patient. (4) Insurance companies will typically cover pharmaceuticals or biologics for treatment of many of these conditions, if there is a Food and Drug Administration-approved therapy. However, these types of treatments may not be the first-line therapy a physician would recommend, do not work for all patients, and can have undesirable risks, such as cancer or suppression of the immune system, which can increase a patient’s risk of infection. (5) Even when an insurance company does cover medically necessary food, it can come with the stipulation the formula be administered through a feeding tube, placed through the nose into the stomach or surgically placed directly into the stomach or jejunum, even if a patient is capable of taking the formula orally without these devices. Surgical placement of feeding tubes unnecessarily results in increased risk to the patient and increased cost to the healthcare system. (6) Testing for select inherited metabolic disorders is required in all States, and approximately 2,000 babies per year are diagnosed with one of these disorders that requires treatment through medically necessary food. Yet, policies on medically necessary food vary significantly and do not always make it possible for families to get sufficient nutrition for their affected children which can lead to delayed development, brain damage, and even death. (7) The worsening of food insecurity during the COVID–19 pandemic has had a significant impact on patients who rely on medical nutrition, and the cost of meeting their dietary needs has been a major burden to individuals facing financial challenges as a result of the pandemic. 3. Coverage of medically necessary food, vitamins, and individual amino acids for digestive and inherited metabolic disorders under Federal health programs and private health insurance (a) Coverage under the Medicare program (1) Medically necessary food (A) In general Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) ) is amended— (i) in subparagraph (GG), by striking and at the end; (ii) in subparagraph (HH), by striking the period and inserting and ; and (iii) by adding at the end the following new subparagraph: (II) medically necessary food (as defined in subsection (lll)) and, if required, the medical equipment and supplies necessary to administer such food (other than medical equipment and supplies described in subsection (n)); . (B) Definition Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended by adding at the end the following new subsection: (lll) Medically Necessary Food (1) Subject to paragraph (2), the term medically necessary food means food, including a low protein modified food product, an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription), that is— (A) furnished pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, for the dietary management of a covered disease or condition; (B) a specially formulated and processed product (as opposed to a naturally occurring foodstuff used in its natural state) for the partial or exclusive feeding of an individual by means of oral intake or enteral feeding by tube; (C) intended for the dietary management of an individual who, because of a specified disease or condition, has limited or impaired capacity to ingest, digest, absorb, or metabolize ordinary foodstuffs or certain nutrients, or who has other special medically determined nutrient requirements, the dietary management of which cannot be achieved by the modification of the normal diet alone; (D) intended to be used under medical supervision, which may include in a home setting; and (E) intended only for an individual receiving active and ongoing medical supervision wherein the individual requires medical care on a recurring basis for, among other things, instructions on the use of the food. (2) For purposes of paragraph (1), the term medically necessary food does not include the following: (A) Foods taken as part of an overall diet designed to reduce the risk of a disease or medical condition or as weight loss products, even if they are recommended by a physician or other health professional. (B) Foods marketed as gluten-free for the management of celiac disease or non-celiac gluten sensitivity. (C) Foods marketed for the management of diabetes. (D) Other products determined appropriate by the Secretary. (3) In this subsection, the term covered disease or condition means the following diseases or conditions: (A) Inherited metabolic disorders, including the following: (i) Disorders classified as metabolic disorders on the Recommended Uniform Screening Panel Conditions list of the Secretary of Health and Human Services’ Advisory Committee on Heritable Disorders in Newborns and Children. (ii) N-acetyl glutamate synthase deficiency. (iii) Ornithine transcarbamlyase deficiency. (iv) Carbamoyl phosphate synthestase deficiency. (v) Inherited disorders of mitochondrial functioning. (B) Medical and surgical conditions of malabsorption, including the following: (i) Impaired absorption of nutrients caused by disorders affecting the absorptive surface, functional length, and motility of the gastrointestinal tract, including short bowel syndrome and chronic intestinal pseudo-obstruction. (ii) Malabsorption due to liver or pancreatic disease. (C) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins, including the following: (i) Immunoglobulin E and non-Immunoglobulin E-mediated allergies to food proteins. (ii) Food protein-induced enterocolitis syndrome. (iii) Eosinophilic disorders, including eosinophilic esophagitis, eosinophilic gastroenteritis, eosinophilic colitis, and post-transplant eosinophilic disorders. (D) Inflammatory or immune mediated conditions of the alimentary tract, including the following: (i) Inflammatory bowel disease, including Crohn’s disease, ulcerative colitis, and indeterminate colitis. (ii) Gastroesophageal reflux disease that is nonresponsive to standard medical therapies. (E) Any other disease or condition determined appropriate by the Secretary in consultation with appropriate scientific entities, such as the Agency for Healthcare Research and Quality. (4) (A) In this subsection, the term low protein modified food product means a type of medical food that is modified to be low in protein and formulated for oral consumption for individuals with inborn errors of protein metabolism. (B) Such term does not include foods that are naturally low in protein, such as some fruits or vegetables. . (C) Payment Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (i) by striking and before (DD) ; and (ii) by inserting before the semicolon at the end the following: and (EE) with respect to medically necessary food (as defined in section 1861(lll)), the amount paid shall be an amount equal to 80 percent of the lesser of the actual charge for the services or the amount determined under a fee schedule established by the Secretary for purposes of this subparagraph. . (D) Effective date The amendments made by this subsection shall apply to items and services furnished on or after the date that is 1 year after the date of the enactment of this Act. (2) Inclusion of medically necessary vitamins and individual amino acids as a covered part D drug (A) In general Section 1860D–2(e)(1) of the Social Security Act ( 42 U.S.C. 1395w–102(e)(1) ) is amended— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the comma at the end and inserting ; or ; and (iii) by inserting after subparagraph (B) the following new subparagraph: (C) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation, . (B) Effective date The amendments made by subparagraph (A) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (b) Coverage under the Medicaid program (1) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) ) is amended— (A) in paragraph (30), by striking and at the end; (B) by redesignating paragraph (31) as paragraph (33); and (C) by inserting after paragraph (30) the following new paragraphs: (31) medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food; (32) medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation; and . (2) Conforming amendments (A) Mandatory benefits Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) ) is amended, in the matter preceding clause (i), by striking and (30) and inserting (30), (31), and (32) . (B) Exception to coverage restriction Section 1927(d)(2)(E) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(2)(E) ) is amended by inserting and except for medically necessary vitamins and individual amino acids described in section 1905(a)(32) before the period at the end. (3) Effective date (A) In general Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if State legislation required In the case of a State plan for medical assistance under title XIX of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (c) Coverage under CHIP (1) In general Section 2103(c) of the Social Security Act ( 42 U.S.C. 1397cc(c) ) is amended by adding at the end the following: (12) Medically necessary food The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary food (as defined in section 1861(lll)) and the medical equipment and supplies necessary to administer such food. (13) Certain vitamins and individual amino acids The child health assistance provided to a targeted low-income child under the plan shall include coverage of medically necessary vitamins and individual amino acids used for the management of a covered disease or condition (as defined in section 1861(lll)(3)) pursuant to the prescription, order, or recommendation (as applicable) of a physician or other health care professional qualified to make such prescription, order, or recommendation. . (2) Conforming amendment Section 2103(a) of the Social Security Act ( 42 U.S.C. 1397cc(a) ) is amended, in the matter preceding paragraph (1), by striking and (8) and inserting (8), (12), and (13) . (3) Effective date (A) In general Subject to subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of the enactment of this Act. (B) Exception to effective date if State legislation required In the case of a State child health plan for child health assistance under title XXI of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirements imposed by the amendments made by this subsection, the State child health plan shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature. (d) Modification of definition of medically necessary food and covered disease or condition under the TRICARE program (1) In general Section 1077(h) of title 10, United States Code, is amended— (A) in paragraph (2)(A), in the matter preceding clause (i), by striking or an amino acid preparation product and inserting , an amino acid preparation product, a modified fat preparation product, or a nutritional formula (including such a formula that does not require a prescription) ; and (B) in paragraph (3)— (i) in subparagraph (D), by striking and at the end; (ii) by redesignating subparagraph (E) as subparagraph (F); and (iii) by inserting after subparagraph (D) the following: (E) Immunoglobulin E or non-Immunoglobulin E mediated allergies to food proteins; and . (2) Effective date The amendments made by paragraph (1) shall apply to health care provided under chapter 55 of title 10, United States Code, on or after the date that is one year after the date of the enactment of this Act. (e) Coverage under FEHBP (1) In general Section 8902 of title 5, United States Code, is amended by adding at the end the following: (q) A contract for a plan under this chapter shall require the carrier to provide coverage for— (1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and (2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D–2(e)(1)(C) of the Social Security Act. . (2) Effective date The amendment made by paragraph (1) shall apply with respect to contract years beginning on or after the date that is 1 year after the date of enactment of this Act. (f) Coverage under private health insurance (1) In general Subpart II of part A of title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg–11 et seq. ) is amended by adding at the end the following: 2729A. Coverage of medically necessary food, vitamins, and individual amino acids A health insurance issuer offering group or individual health insurance coverage shall provide coverage for— (1) medically necessary food (as defined in section 1861(lll) of the Social Security Act) and the medical equipment and supplies necessary to administer such food; and (2) medically necessary vitamins and individual amino acids in the same manner provided for under section 1860D–2(e)(1)(C) of the Social Security Act. . (2) Effective date The amendment made by paragraph (1) shall apply to plan years beginning on or after the date that is 1 year after the date of the enactment of this Act. (g) Nonpreemption of State laws that provide greater coverage Nothing in the provisions of, or the amendments made by, this section shall preempt a State law that requires coverage of medically necessary food and vitamins and individual amino acids for digestive and inherited metabolic disorders that exceeds the requirements for coverage under such provisions and amendments. (h) Medically necessary nutrition coverage includes combinations and supplies Nothing in the provisions of, or the amendments made by, this section shall limit coverage of a medically necessary food (as defined in subsection (lll) of section 1861 of the Social Security Act, as added by subsection (a)) or the medical equipment and supplies necessary to administer such food when prescribed, ordered, or recommended in combination with another medically necessary food (as so defined) or other necessary medical equipment and supplies. | https://www.govinfo.gov/content/pkg/BILLS-117s2013is/xml/BILLS-117s2013is.xml |
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