Among other provisions, this bill provides new funding for infrastructure projects, including for
Surface Transportation Reauthorization Act of 2021
This division reauthorizes Department of Transportation (DOT) federal-aid highway and transportation infrastructure finance and innovation (TIFIA) programs, revises research, technology, and workforce education programs, and addresses tribal transportation needs.
The effective date of this division is October 1, 2021.
Among other provisions, this title
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
This title provides for
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
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
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
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
This title addresses provisions related to research and innovation programs of DOT and other federal agencies.
Among other provisions, the title
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
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.
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
This title establishes a variety of requirements and incentives to support energy infrastructure and cybersecurity for the energy sector, including requirements and incentives to
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
This title reauthorizes, expands, and establishes programs that support
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
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.
Drinking Water and Wastewater Infrastructure Act of 2021
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
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
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.
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
This title extends several highway-related authorizations and tax provisions, including
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.
This division addresses a wide range of policy areas such as energy, health care, and telecommunications. It includes provisions that
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
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
It also provides appropriations to the National Oceanic and Atmospheric Administration for
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
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
The title also provides appropriations for several independent agencies, including:
This title provides appropriations for
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
This title provides appropriations to the Department of the Interior for
The title provides appropriations to the Environmental Protection Agency for
In addition, the title provides appropriations to the Forest Service for
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
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.
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.