Infrastructure Investment and Jobs Act

Among other provisions, this title

- reauthorizes through FY2026 several surface transportation programs, including the federal-aid highway program, transportation infrastructure finance and innovation program (TIFIA), federal lands access and tribal transportation programs, Territorial and Puerto Rico highway program, and nationally significant freight and highway projects;

- reauthorizes through FY2026 other transportation programs, including the bridge investment program, congestion relief program, charging and fueling infrastructure grants, the rural surface transportation grant program, reduction of truck emissions at port facilities, nationally significant federal lands and tribal projects, ferry boat construction, and research, technology, and education programs;

- provides statutory authority for DOT's Safe Routes to School program;

- establishes a wildlife crossing pilot grant program to reduce wildlife-vehicle collisions;

- directs DOT to encourage states to develop a voluntary human capital plan for the transportation-related workforce needs of the states;

- provides statutory authority for federal agency coordination and streamlining of environmental reviews and authorizations for major infrastructure projects;

- addresses climate change by establishing a grant program for the deployment of publicly-accessible electric vehicle charging infrastructure, hydrogen fueling infrastructure, propane fueling infrastructure, and natural gas fueling infrastructure along designated alternative fuel corridors;

- establishes the Healthy Streets grant program;

- provides for bicycle transportation and pedestrian walkways;

- designates additional routes within the Central Texas Corridor as high priority corridors within the National Highway System; and

- requires DOT to provide grants to eliminate or control invasive plants and carry out pollinator-friendly practices on roadsides and highway rights-of-way, including the planting and seeding of native, locally appropriate grasses and wildflowers.

This title reauthorizes through FY2026 the state infrastructure bank program and revises the TIFIA program. Under the existing TIFIA program, DOT provides loans with low interest rates and loan guarantees with low repayment terms to borrowers to undertake certain transportation infrastructure programs. This title revises program requirements, including by expanding eligibility to airport-related projects, requiring DOT to establish a process to expedite certain loans, and setting forth provisions to increase transparency in the review process for projects seeking TIFIA funding.

This title requires DOT to revise its workforce education program and establish certain research and technology programs. Among other requirements, DOT must

- establish a program to test the feasibility of a road usage fee and other user-based alternative revenue mechanisms to help maintain the long-term solvency of the Highway Trust Fund;

- establish pilot programs to demonstrate a national motor vehicle per-mile user fee, facilitate the integration of data about weather conditions, road conditions, and information from emergency responders, conduct emerging technology research, including advanced and additive manufacturing technologies, and improve transportation planning;

- establish animal detection systems that reduce the number of wildlife-vehicle collisions; and

- designate 10 regional Centers of Excellence for Resilience and Adaptation and a national Center of Excellence for Resilience and Adaptation to promote the resilience of surface transportation infrastructure from natural disasters, extreme weather, and the effects of climate change.

This title provides for

- expedited and efficient environmental reviews for tribal transportation safety projects,

- use of tribal transportation funds to carry out bridge replacements,

- authorization of appropriations to the Bureau of Indian Affairs through FY2026 to carry out its road maintenance program,

- a study of the long-term viability and useful life of existing roads on Indian land,

- a periodic status report on progress in addressing the deferred maintenance needs of roads on Indian land,

- the development of best practices for compiling motor vehicle crash data and development of a standard crash report form,

- the establishment of an Office of Tribal Government Affairs and Assistant Secretary for Tribal Government Affairs within DOT.

DIVISION B--SURFACE TRANSPORTATION INVESTMENT ACT OF 2021

Surface Transportation Investment Act of 2021

This title establishes and expands provisions related to the national multimodal freight policy and components of the national freight system.

Among other provisions, the title

- establishes an Office of Multimodal Freight Infrastructure and Policy within the Department of Transportation (DOT);

- expands the National Freight Strategic Plan to include best practices for reducing environmental impacts of freight movement, strategies to increase the resilience of the freight system, and consideration of potential impacts of the freight system on rural and historically disadvantaged communities;

- authorizes funding for a National Culvert Removal, Replacement, and Restoration grant program to address anadromous fish passage;

- directs DOT to establish a pilot program within the Build America Bureau to provide financial, technical, and legal assistance to help rural and tribal communities with development phase activities when evaluating potential transportation projects;

- provides statutory authority for the Railroad Rehabilitation and Improvement Financing (RRIF) loan program and makes modifications to the program; and

- requires DOT to periodically submit a report to Congress that identifies the number of applicants that sought a RRIF loan for a transit-oriented development project, the number of loans provided to such applicants, and the reasons for providing or declining to provide requested loans.

Passenger Rail Expansion and Rail Safety Act of 2021

This title addresses various passenger rail-related issues, including Amtrak, intercity passenger rail policy, and rail safety.

Among other provisions, the title

- authorizes through FY2026 grants to support Amtrak's intercity passenger rail service on the Northeast Corridor and the National Network;

- requires Amtrak to ensure at least one Amtrak ticket agent is employed at each station building that averages at least 40 passengers per day;

- directs a working group to provide recommendations to improve Amtrak's onboard food and beverage service;

- prohibits smoking, including the use of electronic cigarettes, on all Amtrak trains;

- modifies provisions related to the Northeast Corridor Commission, including to require the commission to submit a service development plan that identifies key state-of-good repair flexibility and resources for states to address grade crossing safety issues;

- directs the Federal Railroad Administration to establish a three-year blocked crossing portal to receive, store, and retrieve information regarding blocked highway-rail grade crossings; and

- directs DOT to seek to enter into an agreement with the National Academies to conduct a study and issue a report on the safety impacts of freight trains longer than 7,500 feet.

This title addresses provisions related to the Federal Motor Carrier Safety Administration (FMCSA) and its related programs covering commercial drivers and vehicles.

Among other provisions, the title

- reauthorizes through FY2026 the use of the Highway Trust Fund to pay the administrative expenses of the FMCSA and provide financial assistance for various programs, including to carry out the motor carrier safety assistance program, the commercial motor vehicle enforcement training and support grant program, and the commercial motor vehicle operators grant program;

- revises the high priority program to include projects that address human trafficking in a commercial motor vehicle or by any driver or passenger;

- directs DOT to establish an immobilization grant program to provide discretionary grants to states for the immobilization or impoundment of passenger-carrying commercial motor vehicles that are determined to be unsafe or fail inspection;

- establishes a grant program to provide discretionary grants for nonprofit organizations to provide training to non-federal employees who conduct commercial motor vehicle enforcement activities;

- requires the FMCSA to establish and facilitate a Women of Trucking Advisory Board to promote organizations and programs that provide education, training, mentorship, or outreach to women in the trucking industry and recruit, retain, or advance women into the trucking industry;

- requires DOT to prescribe a motor vehicle safety standard and accompanying performance requirements for automatic emergency braking systems for heavy-duty commercial motor vehicles; and

- directs DOT to promulgate regulations to implement an apprenticeship program for licensed commercial motor vehicle drivers under the age of 21.

This title addresses provisions related to highway safety, highway safety research and development, high-visibility enforcement, national priority safety, and vehicle safety programs of DOT.

Among other provisions, the title

- authorizes though FY2026 DOT programs related to highway safety, highway safety research and development, high-visibility enforcement, and national priority safety programs;

- directs DOT to carry out an education campaign to reduce the incidence of vehicular heatstroke of children left in passenger motor vehicles and establish a program to provide grants to states for use in developing and implementing processes for informing each owner and lessee of a motor vehicle of open recalls during vehicle registration;

- requires DOT to conduct three high-visibility traffic safety law enforcement campaigns in each of fiscal years 2022 through 2026;

- revises national priority safety programs of DOT, including programs that address distracted and impaired driving;

- establishes the Motorcyclist Advisory Council to advise DOT on motorcycle safety issues, including road design and maintenance, barrier design, and use of intelligent transportation systems;

- authorizes through FY2026 National Highway Traffic Safety Administration motor vehicle safety programs and activities;

- requires motor vehicle manufacturers to report to DOT information on recall campaigns, including the number of affected vehicles and the number of repaired vehicles; and

- directs DOT to implement rules to establish minimum performance standards with respect to crash avoidance technology and to require on all new motor vehicles forward collision warning and automatic emergency braking systems, and lane departure and lane keeping assist systems.

This title addresses provisions related to research and innovation programs of DOT and other federal agencies.

Among other provisions, the title

- requires DOT to create a website that includes a compilation of resources for states and local communities to use in developing and implementing intelligent transportation system programs or smart community transportation programs;

- directs DOT to establish the Strengthening Mobility and Revolutionizing Transportation Grant Program to support demonstration projects on smart technologies that improve transportation efficiency and safety, including autonomous vehicles and smart grids to support electric vehicles;

- establishes the Advanced Research Projects Agency-Infrastructure within DOT to fund research and development on advanced transportation infrastructure technologies;

- directs DOT to establish an advanced transportation research pilot program for universities, nonprofit organizations, and other entities to submit unsolicited research proposals to DOT;

- requires DOT to implement a strategy to use infrastructure investments to support the travel and tourism industry during the COVID-19 pandemic;

- addresses the barriers states face in submitting alcohol and drug toxicology results to the Fatality Analysis Reporting System, which provides nationwide data on fatal injuries related to motor vehicle crashes;

- requires DOT to report on methods to improve access to marijuana products for scientific research on marijuana-impaired driving and to make recommendations on how to address any federal barriers to conducting research on marijuana-impaired driving; and

- directs the Government Accountability Office (GAO) to study the potential societal benefits of improving the efficiency of traffic systems.

This title reauthorizes through FY2026 the hazardous materials emergency preparedness program and other safety programs of DOT.

The title also directs DOT to establish a grant program to develop a hazardous materials response training curriculum for emergency responders and to make such training available in an electronic format.

Additionally, the title revises requirements for Class I railroads that transport hazardous materials to share real-time emergency response information by providing certain information to appropriate state and local officials, including the quantity of hazardous materials.

This title addresses various provisions related to DOT, including performance standards, forced labor, the electromagnetic spectrum, and travel and tourism activities.

Specifically, the title

- authorizes DOT to develop metrics and establish performance standards that use such metrics to assess the effectiveness of grants awarded under the bill;

- requires DOT to ensure that no illegal products or materials produced with forced labor are procured with funding under the bill;

- directs DOT and the National Telecommunications and Information Administration to audit the electromagnetic spectrum assigned to DOT, the purposes for which the assigned spectrum is used, and the portions of spectrum being shared with other users; and

- requires DOT to study and report on travel and tourism activities within DOT and how it evaluates travel and tourism needs in reviewing applications for grant programs.

This title reauthorizes through FY2026 the Sport Fish Restoration and Boating Trust Fund which provides funding for several programs, including coastal wetlands, water and boating infrastructure, and recreational boating safety.

It also requires an amount to be set-aside each fiscal year through FY2026 for administration of the National Recreational Boating Safety Program and the Wildlife Restoration Fund.

The title also requires the GAO to report on (1) the increasing use of nonmotorized vessels and their impacts on motorized and nonmotorized vessel access, (2) user conflicts at waterway access points, (3) the use of Sport Fish Restoration Program funds to improve nonmotorized vessel access and the reasons for providing such access, and (4) the use of Recreational Boating Safety Program funds for nonmotorized boating safety programs.

DIVISION C--TRANSIT

This division revises provisions related to various public transportation programs, including the fixed guideway capital investment grant program, the public transportation innovation grant program, and the low or no emissions grant program for buses and bus facilities.

Among other provisions, the division

- revises requirements for metropolitan planning organizations (MPOs), including by allowing MPOs to elect to expand considerations of housing planning processes into the metropolitan transportation planning process;

- revises requirements for the fixed guideway capital investment grant program;

- revises the rural area formula grant program by establishing fixed percentages for the Public Transportation on Indian Reservations and the Appalachian Development Public Transportation Assistance programs;

- updates reporting requirements for DOT's annual report on research activities under the public transportation innovation grant program;

- adds geographic service area coverage as a reporting requirement to the National Transit Database;

- establishes a new competitive grant program to assist state and local governments in financing capital projects for the replacement of rail rolling stock;

- reauthorizes through FY2026 funding from the Mass Transit Account of the Highway Trust Fund for programs related to public transportation;

- modifies the low or no emissions grant program for buses and bus facilities, including by increasing the minimum allotment of grant funds for states and territories; and

- reauthorizes through FY2030 capital and preventive maintenance grants to the Washington Metropolitan Transit Authority.

DIVISION D--ENERGY

This title establishes a variety of requirements and incentives to support energy infrastructure and cybersecurity for the energy sector, including requirements and incentives to

- make the electric grid more reliable, resilient, flexible, and secure;

- facilitate the construction of or updates to electric power transmission lines and related facilities;

- create state energy security plans;

- reauthorize through FY2026 and revise the State Energy Program;

- establish a demonstration project for second-life applications of electric vehicle batteries as aggregated energy storage installations that provide services to the electric grid;

- replace the Federal Columbia River Power System;

- revise and upgrade the power management of the dams in the Columbia River Basin located in the Western United States and Canada; and

- develop cybersecurity applications and technologies in the energy sector.

This title sets forth incentives and requirements to ensure a supply chain for clean energy technologies, such as supply chains for critical minerals (e.g., rare earth minerals) and battery materials. For example, the title provides support for programs that

- identify, produce, recycle, and reuse critical minerals;

- address the supply chain for lithium-ion batteries that are used in items such as electric cars, including efforts to recycle and reuse batteries; and

- enable manufacturers to build facilities to produce or recycle advanced energy products in communities where coal mines or coal power plants have closed.

This title reauthorizes, expands, and establishes programs that support

- infrastructure or technology for capturing, utilizing, storing, transporting, or removing carbon dioxide;

- efforts to research, develop, or recycle hydrogen from clean energy sources;

- nuclear energy infrastructure, including planning for micro-reactors and small-modular reactors;

- hydroelectric power infrastructure, hydroelectric efficiency improvements, or hydroelectric power storage; or

- other clean energy (e.g., solar) programs.

This title revises various loan programs of the Department of Energy (DOE) and expands DOE data collection requirements. For example, the title expands the eligibility criteria for the Advanced Technology Vehicle Manufacturing Loan Program. It also directs DOE to collect information on the bulk power system, energy consumption, demand for minerals, and other issues.

This title establishes requirements and incentives related to increasing energy efficiency in homes, commercial buildings, manufacturing facilities, public schools, nonprofit buildings, and federal buildings.

This title reauthorizes through FY2022 and revises programs to plug, remediate, and reclaim orphaned (e.g., abandoned) oil or gas wells located on federal, state, or tribal lands.

This title reduces the fee certain coal mining operations must pay to the Abandoned Mine Reclamation Fund, reauthorizes such fee through FY2034, revises provisions regarding the fund and mine reclamation, and establishes a program to reclaim hard rock mine land.

Under the existing Abandoned Mine Land Reclamation Program, the Office of Surface Mining, Reclamation and Enforcement collects a fee from coal mining companies for each ton of coal produced. The fees are deposited into the fund, which may be used to address hazards to public health, safety, and the environment from coal mining sites that were abandoned or unreclaimed as of August 3, 1977.

In addition, this title also requires the Department of the Interior to establish a program to inventory, assess, decommission, reclaim, respond to hazardous substance releases on, and remediate abandoned hard rock mine land.

This title reauthorizes through FY2026 and revises the Forest Roads and Trails Act and authorizes programs related to wildlife and natural resources, including by authorizing (1) the Forest Service Legacy Road and Trail Remediation Program, (2) a program to reduce the risk of wildfire, and (3) a voluntary program to restore ecosystems.

This title revises requirements regarding western water infrastructure and authorizes through FY2026 projects of the Bureau of Reclamation projects concerning such infrastructure, such as projects for

- water storage,

- groundwater recharge,

- water recycling and reuse

- desalination projects,

- rural water projects,

- dam safety projects,

- drought contingency plans,

- critical maintenance and repair,

- water efficiency, and

- specified aquatic ecosystem restoration and protection.

This title authorizes a variety of projects and programs established under the Energy Act of 2020 concerning energy storage, advanced reactors, mineral security, carbon capture, water power, and renewable energy.

This title requires projects that receive funding under this division to pay all laborers and mechanics locally prevailing wages.

This title requires DOE to establish a program to oversee demonstration projects authorized under this division or the Energy Act of 2020. In addition, the title extends the Secure Rural Schools and Community Self-Determination Act of 2000.

DIVISION E--DRINKING WATER AND WASTEWATER INFRASTRUCTURE

Drinking Water and Wastewater Infrastructure Act of 2021 TITLE I--DRINKING WATER

This title authorizes a variety of programs within the Environmental Protection Agency (EPA) that support drinking water infrastructure.

Specifically, the title reauthorizes through FY2026 and revises the drinking water state revolving fund program, which provides financial assistance to states and water systems for infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs to support drinking water infrastructure, including programs that

- address emergencies (e.g., cybersecurity events) affecting drinking water systems;

- protect sources of water (e.g., rivers, lakes, and groundwater);

- assist the public water systems of small and disadvantaged communities;

- assist low-income households located in rural areas to maintain access to drinking water and wastewater treatment;

- reduce lead contamination in drinking water; and

- support drinking water and sanitation projects on Indian reservations.

This title authorizes a variety of programs within the EPA that support clean water infrastructure.

Specifically, the title reauthorizes through FY2026 and revises (1) the Water Infrastructure Finance and Innovation Act of 2014; and (2) the clean water state revolving fund program, which provides financial assistance to states and communities for sewage and wastewater infrastructure projects. In addition, it reauthorizes through FY2026 existing programs and establishes new programs that support water infrastructure, including programs designed to

- assist publicly owned treatment works (i.e., sewage and wastewater treatment plants commonly known as POTWs) convert waste in water to energy;

- plan and construct POTWs to address municipal combined sewer overflows, sanitary sewer overflows, or stormwater;

- increase the resilience of POTWs to natural hazards or cybersecurity vulnerabilities;

- assist small and medium POTWs;

- construct, repair, or replace decentralized wastewater systems for households with low or moderate incomes;

- assist qualified households with low or moderate incomes connect to POTWs;

- provide alternative sources of water to meet critical water supply needs; or

- develop and construct public water systems and wastewater systems for rural and Native villages in Alaska.

DIVISION F--BROADBAND

This title establishes measures to promote broadband deployment in unserved and underserved areas through specified projects (e.g., connecting libraries and other community anchor institutions, collecting data and conducting broadband mapping, and installing internet infrastructure).

Specifically, the title establishes the Broadband Equity, Access, and Deployment Program to award grants to carry out the purposes of this title. Further, it requires broadband providers to deliver information to the Federal Communications Commission (FCC) to facilitate the creation and maintenance of broadband maps.

The FCC must establish an online mapping tool to provide a geographic footprint of each federally funded broadband infrastructure deployment project.

This title modifies the Tribal Broadband Connectivity Program, through which the National Telecommunications and Information Administration (NTIA) makes grants to expand access to and adoption of broadband service on tribal land for remote learning, telework, or telehealth resources.

Specifically, the title extends the deadline for a grant recipient to (1) commit grant funds to a specific use, and (2) expend the grant funds. The title also authorizes a grant recipient to use grant funds to cover up to 2.5% of the total project cost for planning, feasibility, and sustainability studies.

If Congress appropriates additional funds for these grants after the enactment of this bill, the NTIA (1) may use a portion of the funds to fully fund grants that were not fully funded initially, and (2) shall allocate any remaining funds through subsequent funding rounds.

Digital Equity Act of 2021

This title requires the NTIA to establish grant programs for promoting digital equity, supporting digital inclusion activities, and building capacity for state-led efforts to increase adoption of broadband by their residents.

Specifically, the title establishes the State Digital Equity Capacity Grant Program to make distributions to states based on their populations, demographics, and availability and adoption of broadband. The title also establishes the Digital Equity Competitive Grant Program for supporting efforts to achieve digital equity, promote digital inclusion, and stimulate adoption of broadband.

This title requires the NTIA to make grants to eligible entities for the construction, improvement, or acquisition of middle mile infrastructure (i.e., the midsection of the infrastructure required to enable internet connectivity for end users but which does not connect directly to an end-user location). Entities eligible to receive such grants include states, tribal governments, telecommunications companies, various nonprofit entities, and economic development authorities.

This title revises and makes permanent the Affordable Connectivity Benefit Program (formerly, the Emergency Broadband Benefit Program) established to reimburse broadband providers for costs associated with discounting broadband service for certain households during the COVID-19 emergency period.

Participating providers must allow recipient households to apply the affordable connectivity benefit to any of its internet service offerings and may not require the households to submit to a credit check in order to apply the benefit. Such providers must also carry out public awareness campaigns in service areas to highlight the existence of the program and the value and benefits of broadband.

The FCC must promulgate regulations to require the display of broadband consumer labels to disclose to consumers specified information regarding broadband internet plans, including information regarding whether the offered price is an introductory rate.

Further, the FCC must adopt final rules to facilitate equal access to broadband, which must include (1) preventing digital discrimination of access based on factors such as income level, race, or religion; and (2) identifying necessary steps for the FCC to eliminate such discrimination.

The Government Accountability Office (GAO) must evaluate and report on the process used by the FCC for establishing, reviewing, and updating the upload and download speed thresholds for broadband service.

Telecommunications Skilled Workforce Act

This title establishes measures to address the workforce needs of the telecommunications industry.

Specifically, the title requires the FCC to establish an interagency working group to develop recommendations for addressing these workforce needs, including the safety of that workforce.

The FCC must also establish and issue guidance for states on matters related to workforce needs and safety of the telecommunications industry, including how a state workforce development board can (1) utilize federal resources available to meet relevant workforce needs; (2) promote and improve recruitment in the Telecommunications Industry Registered Apprenticeship Program and other qualified industry-led workforce development programs; and (3) ensure the safety of tower climbers and other members of the telecommunications workforce.

The GAO must submit to Congress a report that estimates the number of skilled telecommunications workers that will be required to build and maintain (1) broadband infrastructure in rural areas, and (2) the infrastructure needed to support 5G wireless technology.

DIVISION G--OTHER AUTHORIZATIONS

This title establishes in the Treasury an Indian Water Rights Settlement Completion Fund. Amounts deposited in the fund shall be used by the Department of the Interior for transfers to accounts authorized to receive discretionary appropriations, or to satisfy other obligations identified by Interior, under an approved Indian water settlement.

Wildland Fire Mitigation and Management Commission Act of 2021

This title directs Interior, the Department of Agriculture (USDA), and the Federal Emergency Management Agency (FEMA) to jointly establish a temporary commission to study and make recommendations to improve federal policies relating to wildland fires in the United States, including rehabilitating land devastated by wildland fires.

The commission shall terminate 180 days after it submits two reports to Congress (1) recommendations to prevent, mitigate, suppress, and manage wildland fires; and (2) a strategy to meet aerial firefighting equipment needs that may be used for wildland firefighting purposes through 2030 in the most cost-effective manner.

Repairing Existing Public Land by Adding Necessary Trees Act or the REPLANT Act

This title directs USDA to annually transmit to Congress for each of the 10 years after enactment of this title an estimate of appropriations necessary to replant and otherwise treat (1) forested land intended to be cut over that year, and (2) a sufficient portion of the backlog of lands that need treatment to eliminate the backlog within the 10-year period.

After such 10-year period, USDA shall transmit annually to Congress an estimate of the sums necessary to replant and otherwise treat all lands being cut over and maintain planned timber production on all other forested lands in the National Forest System to prevent the development of a backlog of needed work larger than the needed work at the beginning of the fiscal year.

Each reforestation activity included in a renewable resource assessment shall be carried out in accordance with applicable Forest Service management practices and definitions, including definitions relating to silvicultural practices and forest management.

The Forest Service shall, based on recommendations from regional foresters, create a priority list of reforestation projects that primarily take place on priority land and promote effective reforestation following unplanned events. The list may include activities to ensure adequate and appropriate seed availability.

USDA shall give priority to projects on the list.

This title provides support for recycling programs.

Specifically, the Environmental Protection Agency (EPA) must develop best practices for states, tribal, and local governments with respect to the collection of batteries to be recycled in a manner that (1) is technically and economically feasible; (2) is environmentally sound and safe for waste management workers; and (3) optimizes the value and use of material derived from recycling of batteries.

The title also requires the EPA to establish a program to award grants to improve the effectiveness of residential and community recycling programs through public education and outreach.

In addition, the EPA must develop a model recycling program toolkit for states, Native American tribes, and local governments.

Finally, the title specifies that the EPA's review of its federal procurement guidelines for purchasing certain recycled materials and items made with such materials must occur at least once every five years.

This title directs USDA to carry out a pilot program to partner with not less than one qualified institution to study the benefits of using materials derived from certain agricultural commodities in the production of construction and consumer products, including greenhouse gas emission reductions and other environmental benefits relative to other commonly used alternative materials.

Cyber Response and Recovery Act

This title authorizes the Department of Homeland Security (DHS) to declare a significant incident in the event of a breach of a public or private network and establishes a Cyber Response and Recovery Fund.

Specifically, DHS may make the declaration upon determining that a specific significant incident has occurred or is likely to occur imminently and that otherwise available resources, other than the fund, are likely insufficient to respond to or mitigate the incident effectively.

Upon a declaration, the Cybersecurity and Infrastructure Security Agency must coordinate the response activities of (1) each federal agency; (2) local governments, law enforcement agencies, and other responding entities; and (3) federal, state, local, and tribal emergency management and response agencies.

The fund shall be available for the coordination of such activities and for response and recovery support.

State and Local Cybersecurity Improvement Act

Additionally, the title establishes the State and Local Cybersecurity Grant Program to address cybersecurity risks and threats to the information systems of state, local, or tribal governments.

This title requires entities carrying out certain transportation projects to conduct a value-for-money analysis or comparable analysis of the project during the planning and project development process and prior to signing any Project Development Agreement.

For each project the entity carrying out the project must include the results of the analysis on the website of the project and submit the results of the analysis to the Build America Bureau and the Department of Transportation (DOT).

DOT must issue guidance on performance benchmarks, risk premiums, and expected rates of return on private financing for such projects.

This title revises the program responsible for federal coordination and review of major infrastructure projects, including by making this program permanent and by expanding the types of projects eligible for the program.

Build America, Buy America Act

This title requires federal infrastructure programs to provide for the use of materials produced in the United States.

For example each federal agency must submit to the Office of Management and Budget (OMB) and to Congress a report that identifies each federal financial assistance program for infrastructure administered by the agency and (1) identify domestic content procurement preferences applicable to the assistance, (2) assess the applicability of such requirements, (3) provide details on any applicable domestic content procurement preference requirement, and (4) include a description of the type of infrastructure projects that receive funding under the program.

Additionally, each agency shall ensure that none of the funds made available for such a program are used for a project unless all of the iron, steel, and manufactured products used in the project are produced in the United States. Agencies may waive these requirements where inconsistent with the public interest, where not produced in sufficient quantities or satisfactory quality, or where such inclusion will increase the cost of the project by more than 25%.

The title also directs the Office for Federal Procurement Policy in the OMB to promulgate final regulations or other policy guidance to standardize and simplify how federal agencies comply with, report on, and enforce the Buy American Act.

Further, the title directs specified federal agencies to take steps to increase transparency and limit the use of waivers of Buy American laws. Generally, Buy American laws require agencies to procure domestic goods.

BuyAmerican.gov Act of 2021

The title requires (1) the Department of Commerce, the Office of the U.S. Trade Representative, and the OMB to assess the impacts of all U.S. free trade agreements, the World Trade Organization Agreement on Government Procurement, and federal permitting processes on the operation of Buy American laws; and (2) the General Services Administration (GSA) to establish a free, publicly available BuyAmerican.gov website. Public interest waivers from Buy American laws shall be construed to ensure the maximum utilization of goods, products, and materials produced in the United States.

The GSA shall develop a mechanism to collect information on requests to invoke a Buy American waiver for a federal contract.

Make PPE in America Act

The title also requires procurement contracts for personal protective equipment (PPE) to be long-term and for domestically manufactured.

Contracts entered into by the Departments of Homeland Security, Health and Human Services, Defense, Education, or Veterans Affairs for the procurement of PPE must be for a duration of at least two years, including all option periods, to incentivize investment in the production of PPE, and materials and components of PPE, in the United States.

The title provides exceptions (1) where a non availability determination has been made, or (2) where a sufficient quantity of a satisfactory quality cannot be procured as and when needed at U.S. market prices. The departments must certify every 120 days that an exception is necessary to procure PPE to meet the immediate needs of a public health emergency.

Such departments may transfer to the Strategic National Stockpile any excess PPE acquired under a contract.

This title directs the Department of Transportation (DOT) to establish a grant program to provide technical assistance and other resources to state and local transportation agencies that are interested in engaging the private sector in public-private partnerships, asset concessions, and other innovative financing.

This title establishes and expands programs related to clean school buses and ferries.

Specifically, the title

- revises the Clean School Bus Program, under which the Environmental Protection Agency must provide financial assistance to replace existing school buses with clean or zero-emission school buses that do not emit specified pollutants, including greenhouse gases;

- directs DOT to establish a pilot program to provide grants to purchase electric or low-emitting (e.g., methanol, natural gas, hydrogen) ferries and reduce emissions from existing ferries, including through electrification;

- requires DOT to establish a program to ensure that basic essential ferry service is provided to rural areas by providing funds to states to provide such service; and

- expands the funding authority for renovating, constructing, and expanding certain urban Indian health care facilities.

DIVISION H--REVENUE PROVISIONS

This title extends several highway-related authorizations and tax provisions, including

- the expenditure authority for the Highway Trust Fund through FY2026, the Sport Fish Restoration and Boating Trust Fund, and the Leaking Underground Storage Tank Trust Fund;

- excise taxes on certain fuels for funding highway projects through FY2028;

- excise taxes on certain taxable chemicals through 2031; and

- custom user fees through FY2031.

The title makes additional transfers from the general fund of the Treasury to the Highway Trust Fund.

This title adds broadband as an allowable use for private activity bonds and allows carbon capture and direct air capture technologies to be eligible for private activity bond financing.

The title increases the current cap on tax-exempt highway or surface freight transfer facility bonds to $30 billion.

This title modifies requirements relating to the authority of the the Department of the Treasury to allow extensions of tax filing deadlines when there is either a federally-declared disaster or a terroristic or military action. It also extends such authority by reason of significant fires.

The title also expands the authority to postpone the time for filing of Tax Court petitions to include all petitions, not just deficiency petitions or for erroneous refunds.

This title revises requirements for the tax exclusion for contributions to the capital of a corporation. Specifically, it allows an exclusion for certain amounts received by a regulated public utility that provides water or sewerage disposal services.

The title provides for the extension of tax rules for stabilizing interest rates on contribution amounts to defined benefit pension plans.

The title modifies reporting requirements and definitions relating to brokers and digital assets for returns and information statements required after 2023.

This provision provides for the termination of the employee retention tax credit after FY2021, except for start-up businesses which terminate on December 31, 2021.

DIVISION I--OTHER MATTERS

This division addresses a wide range of policy areas such as energy, health care, and telecommunications. It includes provisions that

- extend the sequester (i.e., automatic spending reductions) for direct spending through FY2031 and adjust the reductions required for Medicare;

- authorize the Department of Energy to draw down and sell a portion of the oil from the Strategic Petroleum Reserve;

- set forth congressional findings regarding savings from unused unemployment insurance funds;

- require manufacturers of certain single-dose container or single-use package drugs covered under Medicare Part B to provide refunds for discarded amounts of the drugs;

- extend the authority for enterprise guarantee fees, which are fees that Fannie Mae and Freddie Mac charge for loans included in mortgage-backed securities;

- delay the implementation of a Department of Health and Human Services rule that affects the treatment of certain prescription drug rebates under the federal anti-kickback statute;

- rescind specified unobligated funds that were provided to address COVID-19 and expand the purposes for which certain COVID-19 funds may be used; and

- extend the authority of the Federal Communications Commission (FCC) to conduct spectrum auctions and require the FCC to conduct certain auctions.

DIVISION J--APPROPRIATIONS

This division provides appropriations for FY2022 for the departments and agencies included in this division.

Infrastructure Investments and Jobs Appropriations Act

This title provides appropriations to the Department of Agriculture for the Natural Resources Conservation Service (NRCS) and the Rural Utilities Service (RUS).

Specifically, the title provides appropriations to the NRCS for

- Watershed and Flood Prevention Operations,

- the Watershed Rehabilitation Program, and

- the Emergency Watershed Protection Program.

The title provides appropriations to the RUS for the Distance Learning, Telemedicine, and the Broadband Program.

In addition, the title provides appropriations to implement a pilot program to study the benefits of using agricultural commodities in the production of construction and consumer products.

This title provides appropriations to the National Telecommunications and Information Administration for

- the Broadband Equity, Access, and Deployment Program;

- the Broadband Connectivity Fund;

- Digital Equity; and

- Middle Mile Deployment.

It also provides appropriations to the National Oceanic and Atmospheric Administration for

- Operations, Research, and Facilities;

- Procurement, Acquisition, and Construction; and

- Pacific Coastal Salmon Recovery.

This title provides appropriations for the U.S. Army Corps of Engineers, the Bureau of Reclamation, the Department of Energy (DOE), and several independent agencies.

Specifically, the title provides appropriations for U.S. Army Corps of Engineers civil works projects, including for

- Investigations,

- Construction,

- Mississippi River and Tributaries,

- Operation and Maintenance,

- the Regulatory Program,

- Flood Control and Coastal Emergencies,

- Expenses, and

- the Water Infrastructure Finance and Innovation Program.

The title provides appropriations to the Department of the Interior for the Central Utah Project and the Bureau of Reclamation.

Within DOE, the title provides appropriations for

- Energy Efficiency and Renewable Energy;

- Cybersecurity, Energy Security, and Emergency Response;

- Electricity;

- Nuclear Energy;

- Fossil Energy and Carbon Management;

- the Carbon Dioxide Transportation Infrastructure Finance and Innovation Program;

- the Office of Clean Energy Demonstrations; and

- the Western Area Power Administration.

The title also provides appropriations for several independent agencies, including:

- the Appalachian Regional Commission,

- the Delta Regional Authority,

- the Denali Commission,

- the Northern Border Regional Commission,

- the Southeast Crescent Regional Commission, and

- the Southwest Border Regional Commission.

This title provides appropriations for

- the Office of the National Cyber Director,

- the Federal Communications Commission's Affordable Connectivity Fund, and

- the Environmental Review Improvement Fund.

It also provides appropriations to the General Services Administration for construction and acquisition, repairs, and alterations of border stations and land ports of entry.

This title provides appropriations to the Department of Homeland Security for

- U.S. Customs and Border Protection,

- the U.S. Coast Guard,

- the Cybersecurity and Infrastructure Security Agency,

- the Federal Emergency Management Agency (FEMA), and

- the Science and Technology Directorate.

This title provides appropriations to the Department of the Interior for

- the U.S. Fish and Wildlife Service,

- the U.S. Geological Survey,

- the Office of Surface Mining Reclamation and Enforcement,

- the Bureau of Indian Affairs,

- Departmental Offices,

- Wildland Fire Management, and

- an Energy Community Revitalization Program.

The title provides appropriations to the Environmental Protection Agency for

- Environmental Programs and Management,

- Hazardous Substance Superfund, and

- State and Tribal Assistance Grants.

In addition, the title provides appropriations to the Forest Service for

- Forest and Rangeland Research,

- State and Private Forestry,

- the National Forest System,

- Capital Improvement and Maintenance, and

- Wildland Fire Management.

Within the Department of Health and Human Services (HHS), the title provides appropriations for the Indian Health Service.

This title provides appropriations to HHS for the Low Income Home Energy Assistance Program.

This title provides appropriations to the Department of Transportation for

- the Office of the Secretary,

- the Federal Aviation Administration,

- the Federal Highway Administration,

- the Federal Motor Carrier Safety Administration,

- the National Highway Traffic Safety Administration,

- the Federal Railroad Administration,

- the Federal Transit Administration,

- the Maritime Administration, and

- the Pipeline and Hazardous Materials Safety Administration.

This title exempts the budgetary effects of specified provisions of this bill from (1) the Statutory Pay-As-You-Go Act of 2010 (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget score keeping rules.

DIVISION K--MINORITY BUSINESS DEVELOPMENT

Minority Business Development Act of 2021

This division provides statutory authority for the Minority Business Development Agency (MBDA) and establishes the Office of Business Centers within the MBDA. The MBDA works to facilitate the growth and global competitiveness of minority business enterprises.

This title provides statutory authority for market development, research, and information gathering initiatives in collaboration with public and private sector entities to assist and promote minority businesses in domestic and foreign markets.

The title also provides statutory authority for the MBDA Business Center Program, which establishes a national network of public-private partnerships that assist minority business enterprises in accessing capital, contracts, and grants, creating and maintaining jobs, providing counseling and mentoring, and facilitating the growth of minority business enterprises by promoting trade.

This title establishes initiatives to promote the economic resiliency of minority businesses, including requiring the MBDA to (1) conduct a government-business forum to review problems and programs relating to capital formation by minority businesses, (2) study and report on opportunities for providing alternative financing solutions to minority businesses, and (3) promote the education and training of socially or economically disadvantaged individuals in subjects directly relating to business administration and management.

This title authorizes the MBDA to establish rural business centers, in partnership with minority-serving institutions or consortia of such institutions that are led by a minority-serving institution, to serve rural minority businesses and to focus on issues such as broadband adoption, advanced manufacturing, and job creation.

This title establishes the Minority Business Development grant program to award grants to nonprofit organizations that support the development, growth, or retention of minority businesses.

This title requires the MBDA to establish the Minority Business Enterprises Advisory Council to serve as a resource for socially or economically disadvantaged businesses.

This title authorizes the MBDA to coordinate federal plans, programs, and operations that affect the establishment, preservation, and strengthening of socially or economically disadvantaged businesses. Further, it requires the MBDA to take steps to facilitate the participation of federal departments and agencies in supporting such businesses.

This title provides administrative authorities, allows the MBDA to provide certain federal assistance (e.g., grants) to public and private sector entities to carry out existing initiatives targeting minority businesses, and establishes record keeping and reporting requirements.