Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law)

[117th Congress Public Law 58]
[From the U.S. Government Publishing Office]

[[Page 135 STAT. 429]]

Public Law 117-58
117th Congress

 An Act

 
 To authorize funds for Federal-aid highways, highway safety programs, 
 and transit programs, and for other purposes. <<NOTE: Nov. 15, 
 2021 - [H.R. 3684]>> 

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Infrastructure 
Investment and Jobs Act.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 (a) <<NOTE: 23 USC 101 note.>> Short Title.--This Act may be cited 
as the ``Infrastructure Investment and Jobs Act''.

 (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. References.

 DIVISION A--SURFACE TRANSPORTATION

Sec. 10001. Short title.
Sec. 10002. Definitions.
Sec. 10003. Effective date.

 TITLE I--FEDERAL-AID HIGHWAYS

 Subtitle A--Authorizations and Programs

Sec. 11101. Authorization of appropriations.
Sec. 11102. Obligation ceiling.
Sec. 11103. Definitions.
Sec. 11104. Apportionment.
Sec. 11105. National highway performance program.
Sec. 11106. Emergency relief.
Sec. 11107. Federal share payable.
Sec. 11108. Railway-highway grade crossings.
Sec. 11109. Surface transportation block grant program.
Sec. 11110. Nationally significant freight and highway projects.
Sec. 11111. Highway safety improvement program.
Sec. 11112. Federal lands transportation program.
Sec. 11113. Federal lands access program.
Sec. 11114. National highway freight program.
Sec. 11115. Congestion mitigation and air quality improvement program.
Sec. 11116. Alaska Highway.
Sec. 11117. Toll roads, bridges, tunnels, and ferries.
Sec. 11118. Bridge investment program.
Sec. 11119. Safe routes to school.
Sec. 11120. Highway use tax evasion projects.
Sec. 11121. Construction of ferry boats and ferry terminal facilities.
Sec. 11122. Vulnerable road user research.
Sec. 11123. Wildlife crossing safety.
Sec. 11124. Consolidation of programs.
Sec. 11125. GAO report.
Sec. 11126. Territorial and Puerto Rico highway program.
Sec. 11127. Nationally significant Federal lands and Tribal projects 
 program.
Sec. 11128. Tribal high priority projects program.
Sec. 11129. Standards.
Sec. 11130. Public transportation.

[[Page 135 STAT. 430]]

Sec. 11131. Reservation of certain funds.
Sec. 11132. Rural surface transportation grant program.
Sec. 11133. Bicycle transportation and pedestrian walkways.
Sec. 11134. Recreational trails program.
Sec. 11135. Updates to Manual on Uniform Traffic Control Devices.

 Subtitle B--Planning and Performance Management

Sec. 11201. Transportation planning.
Sec. 11202. Fiscal constraint on long-range transportation plans.
Sec. 11203. State human capital plans.
Sec. 11204. Prioritization process pilot program.
Sec. 11205. Travel demand data and modeling.
Sec. 11206. Increasing safe and accessible transportation options.

 Subtitle C--Project Delivery and Process Improvement

Se

Sec. 40201. Earth Mapping Resources Initiative.
Sec. 40202. National Cooperative Geologic Mapping Program.
Sec. 40203. National Geological and Geophysical Data Preservation 
 Program.
Sec. 40204. USGS energy and minerals research facility.
Sec. 40205. Rare earth elements demonstration facility.
Sec. 40206. Critical minerals supply chains and reliability.
Sec. 40207. Battery processing and manufacturing.
Sec. 40208. Electric drive vehicle battery recycling and second-life 
 applications program.
Sec. 40209. Advanced energy manufacturing and recycling grant program.
Sec. 40210. Critical minerals mining and recycling research.
Sec. 40211. 21st Century Energy Workforce Advisory Board.

Sec. 40521. Future of industry program and industrial research and 
 assessment centers.
Sec. 40522. Sustainable manufacturing initiative.

Sec. 40901. Authorizations of appropriations.
Sec. 40902. Water storage, groundwater storage, and conveyance projects.
Sec. 40903. Small water storage and groundwater storage projects.
Sec. 40904. Critical maintenance and repair.
Sec. 40905. Competitive grant program for large-scale water recycling 
 and reuse program.
Sec. 40906. Drought contingency plan funding requirements.
Sec. 40907. Multi-benefit projects to improve watershed health.
Sec. 40908. Eligible desalination projects.
Sec. 40909. Clarification of authority to use coronavirus fiscal 
 recovery funds to meet a non-Federal matching requirement for 
 authorized Bureau of Reclamation water projects.
Sec. 40910. Federal assistance for groundwater recharge, aquifer 
 storage, and water source substitution projects.

Sec. 50101. Technical assistance and grants for emergencies affecting 
 public water systems.
Sec. 50102. Drinking water State revolving loan funds.
Sec. 50103. Source water petition program.
Sec. 50104. Assistance for small and disadvantaged communities.
Sec. 50105. Reducing lead in drinking water.
Sec. 50106. Operational sustainability of small public water systems.
Sec. 50107. Midsize and large drinking water system infrastructure 
 resilience and sustainability program.
Sec. 50108. Needs assessment for nationwide rural and urban low-income 
 community water assistance.
Sec. 50109. Rural and low-income water assistance pilot program.
Sec. 50110. Lead contamination in school drinking water.
Sec. 50111. Indian reservation drinking water program.
Sec. 50112. Advanced drinking water technologies.
Sec. 50113. Cybersecurity support for public water systems.
Sec. 50114. State response to contaminants.
Sec. 50115. Annual study on boil water advisories.

Sec. 50201. Research, investigations, training, and information.
Sec. 50202. Wastewater efficiency grant pilot program.
Sec. 50203. Pilot program for alternative water source projects.
Sec. 50204. Sewer overflow and stormwater reuse municipal grants.
Sec. 50205. Clean water infrastructure resiliency and sustainability 
 program.
Sec. 50206. Small and medium publicly owned treatment works circuit 
 rider program.
Sec. 50207. Small publicly owned treatment works efficiency grant 
 program.
Sec. 50208. Grants for construction and refurbishing of individual 
 household decentralized wastewater systems for individuals 
 with low or moderate income.
Sec. 50209. Connection to publicly owned treatment works.
Sec. 50210. Clean water State revolving funds.
Sec. 50211. Water infrastructure and workforce investment.
Sec. 50212. Grants to Alaska to improve sanitation in rural and Native 
 villages.
Sec. 50213. Water data sharing pilot program.
Sec. 50214. Final rating opinion letters.
Sec. 50215. Water infrastructure financing reauthorization.
Sec. 50216. Small and disadvantaged community analysis.
Sec. 50217. Stormwater infrastructure technology.
Sec. 50218. Water Reuse Interagency Working Group.
Sec. 50219. Advanced clean water technologies study.
Sec. 50220. Clean watersheds needs survey.
Sec. 50221. Water Resources Research Act amendments.
Sec. 50222. Enhanced aquifer use and recharge.

TITLE IV--RECYCLING PRACTICES

Sec. 70401. Best practices for battery recycling and labeling 
 guidelines.
Sec. 70402. Consumer recycling education and outreach grant program; 
 Federal procurement.

(b) Establishment.--
 (1) <<NOTE: Coordination.>> 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) <<NOTE: Recommenda- tions.>> to provide 
 recommendations relating to the adoption and 
 implementation of a national motor vehicle per-mile user 
 fee.

``(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,

``(d) Selection of Eligible Projects.--
 ``(1) <<NOTE: Deadline.>> Notice of funding opportunity.--
 Not later than 60 days after the date on which funds are made 
 available to carry out the program, the Secretary shall publish 
 a notice of funding opportunity for the funds.
 ``(2) Applications.--To be eligible to receive a grant under 
 the program, an eligible entity shall submit to the Secretary an 
 application--
 ``(A) in such form and containing such information 
 as the Secretary considers to be appropriate; and
 ``(B) <<NOTE: Deadline.>> by such date as the 
 Secretary may establish, subject to the condition that 
 the date shall be not later than 90 days after the date 
 on which the Secretary issues the solicitation under 
 paragraph (1).
 ``(3) <<NOTE: Evaluation.>> Primary selection criteria.--In 
 awarding grants under the program, the Secretary shall evaluate 
 the extent to which a project--
 ``(A) improves safety;
 ``(B) improves environmental sustainability;
 ``(C) improves the quality of life of rural areas or 
 urbanized areas;
 ``(D) increases economic competitiveness and 
 opportunity, including increasing tourism opportunities;
 ``(E) contributes to a state of good repair; and
 ``(F) improves mobility and community connectivity.
 ``(4) Additional selection criteria.--In selecting projects 
 to receive grants under the program, the Secretary shall take 
 into consideration the extent to which--
 ``(A) the project sponsors collaborated with other 
 public and private entities;
 ``(B) the project adopts innovative technologies or 
 techniques, including--
 ``(i) innovative technology;
 ``(ii) innovative project delivery techniques; 
 and
 ``(iii) innovative project financing;

(a) In General.--Section 22907 of title 49, United States Code, is 
amended--
 (1) in subsection (b)--
 (A) in paragraph (1), by inserting ``(including the 
 District of Columbia)'' after ``State'';
 (B) in paragraph (6), by inserting ``rail carrier 
 and intercity rail passenger transportation are'' before 
 ``defined'';
 (C) by redesignating paragraphs (8) through (11) as 
 paragraphs (10) through (13), respectively; and
 (D) by inserting after paragraph (7) the following:
 ``(8) An association representing 1 or more railroads 
 described in paragraph (7).'';
 ``(9) A federally recognized Indian Tribe.'';
 (2) in subsection (c)--
 (A) in paragraph (3), by adding ``or safety'' after 
 ``congestion'';
 (B) in paragraph (6), by striking ``and'' and 
 inserting ``or'';
 (C) by redesignating paragraphs (11) and (12) as 
 paragraphs (12) and (13), respectively;
 (D) by inserting after paragraph (10) the following:
 ``(11) The development and implementation of measures to 
 prevent trespassing and reduce associated injuries and 
 fatalities.''; and
 (E) by inserting after paragraph (13), as 
 redesignated, the following:
 ``(14) Research, development, and testing to advance and 
 facilitate innovative rail projects, including projects using 
 electromagnetic guideways in an enclosure in a very low-pressure 
 environment.
 ``(15) The preparation of emergency plans for communities 
 through which hazardous materials are transported by rail.
 ``(16) Rehabilitating, remanufacturing, procuring, or 
 overhauling locomotives, provided that such activities result in 
 a significant reduction of emissions.''; and
 (3) in subsection (h), by adding at the end the following:
 ``(4) Grade crossing and trespassing projects.--Applicants 
 may use costs incurred previously for preliminary engineering 
 associated with highway-rail grade crossing improvement projects 
 under subsection (c)(5) and trespassing prevention projects 
 under subsection (c)(11) to satisfy the non-Federal share 
 requirements.''.

Section 20108 of title 49, United States Code, as amended by section 
22412, is further amended by adding at the end the following:
 ``(j) Rail Research and Development Center of Excellence.--
 ``(1) <<NOTE: Grants.>> Center of excellence.--The 
 Secretary shall award grants to establish and maintain a center 
 of excellence to advance research and development that improves 
 the safety, efficiency, and reliability of passenger and freight 
 rail transportation.
 ``(2) Eligibility.--An institution of higher education (as 
 defined in section 101 of the Higher Education Act of 1965 (20 
 U.S.C. 1001)) or a consortium of nonprofit institutions of 
 higher education shall be eligible to receive a grant from the 
 center established pursuant to paragraph (1).
 ``(3) Selection criteria.--In awarding a grant under this 
 subsection, the Secretary shall--
 ``(A) give preference to applicants with strong past 
 performance related to rail research, education, and 
 workforce development activities;
 ``(B) consider the extent to which the applicant 
 would involve public and private sector passenger and 
 freight railroad operators; and
 ``(C) consider the regional and national impacts of 
 the applicant's proposal.
 ``(4) Use of funds.--Grant funds awarded pursuant to this 
 subsection shall be used for basic and applied research, 
 evaluation, education, workforce development, and training 
 efforts related to safety, project delivery, efficiency, 
 reliability, resiliency, and sustainability of urban commuter, 
 intercity high-speed, and freight rail transportation, to 
 include advances in rolling stock, advanced positive train 
 control, human factors, rail infrastructure, shared corridors, 
 grade crossing safety, inspection technology, remote sensing, 
 rail systems maintenance, network resiliency, operational 
 reliability, energy efficiency, and other advanced technologies.
 ``(5) Federal share.--The Federal share of a grant awarded 
 under this subsection shall be 50 percent of the cost of 
 establishing and operating the center of excellence and related 
 research activities carried out by the grant recipient.''.
SEC. 22414. QUARTERLY REPORT ON POSITIVE TRAIN CONTROL SYSTEM 
 PERFORMANCE.

(viii) freight transportation, including 
 local, port and drayage, regional, and long-haul 
 trucking;
 (ix) intercity passenger travel;
 (x) the process by which governments collect a 
 user fee for the contribution of electric vehicles 
 to funding roadway improvements;
 (xi) State- and local-level policies, 
 incentives, and zoning efforts;
 (xii) the installation of highway corridor 
 signage;
 (xiii) secondary markets and recycling for 
 batteries;
 (xiv) grid capacity and integration;
 (xv) energy storage; and
 (xvi) specific regional or local issues that 
 may not appear to apply throughout the United 
 States, but may hamper nationwide adoption or 
 coordination of electric vehicles;
 (B) examples of successful public and private models 
 and demonstration projects that encourage electric 
 vehicle adoption;
 (C) <<NOTE: Analysis.>> an analysis of current 
 efforts to overcome the barriers described in 
 subparagraph (A);
 (D) <<NOTE: Analysis. Cost estimates.>> an analysis 
 of the estimated costs and benefits of any 
 recommendations of the working group; and
 (E) any other topics, as determined by the working 
 group.
 (2) Deadlines.--A report under paragraph (1) shall be 
 submitted to the Secretaries, the Committees on Commerce, 
 Science, and Transportation and Appropriations of the Senate and 
 the Committees on Transportation and Infrastructure and 
 Appropriations of the House of Representatives--
 (A) in the case of the first report, by not later 
 than 18 months after the date on which the working group 
 is established under subsection (b)(1);
 (B) in the case of the second report, by not later 
 than 2 years after the date on which the first report is 
 required to be submitted under subparagraph (A); and
 (C) in the case of the third report, by not later 
 than 2 years after the date on which the second report 
 is required to be submitted under subparagraph (B).
 (3) Strategy.--
 (A) <<NOTE: Update.>> In general.--Based on the 
 reports submitted by the working group under paragraph 
 (1), the Secretaries shall jointly develop, maintain, 
 and update a strategy that describes the means by which 
 the Federal Government, States, units of local 
 government, and industry can--
 (i) establish quantitative targets for 
 transportation electrification;
 (ii) overcome the barriers described in 
 paragraph (1)(A);
 (iii) identify areas of opportunity in 
 research and development to improve battery 
 manufacturing, mineral mining, recycling costs, 
 material recovery, fire risks, and battery 
 performance for electric vehicles;
 (iv) enhance Federal interagency coordination 
 to promote electric vehicle adoption;

(v) prepare the workforce for the adoption of 
 electric vehicles, including through collaboration 
 with labor unions, educational institutions, and 
 relevant manufacturers;
 (vi) expand electric vehicle and charging 
 infrastructure;
 (vii) expand knowledge of the benefits of 
 electric vehicles among the general public;
 (viii) maintain the global competitiveness of 
 the United States in the electric vehicle and 
 charging infrastructure markets;
 (ix) provide clarity in regulations to improve 
 national uniformity with respect to electric 
 vehicles; and
 (x) ensure the sustainable integration of 
 electric vehicles into the national electric grid.
 (B) Notice and comment.--In carrying out 
 subparagraph (A), the Secretaries shall provide public 
 notice and opportunity for comment on the strategy 
 described in that subparagraph.
 (4) Information.--
 (A) <<NOTE: Contracts.>> In general.--The 
 Secretaries may enter into an agreement with the 
 Transportation Research Board of the National Academies 
 of Sciences, Engineering, and Medicine to provide, 
 track, or report data, information, or research to 
 assist the working group in carrying out paragraph (1).
 (B) Use of existing information.--In developing a 
 report under paragraph (1) or a strategy under paragraph 
 (3), the Secretaries and the working group shall take 
 into consideration existing Federal, State, local, 
 private sector, and academic data and information 
 relating to electric vehicles and, to the maximum extent 
 practicable, coordinate with the entities that publish 
 that information--
 (i) to prevent duplication of efforts by the 
 Federal Government; and
 (ii) to leverage existing information and 
 complementary efforts.

(b) Routes Office.--
 (1) In general.--The Secretary shall establish within the 
 Department the Rural Opportunities to Use Transportation for 
 Economic Success Office--
 (A) to improve analysis of projects from rural 
 areas, Indian Tribes, and historically disadvantaged 
 communities in rural areas applying for Department 
 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, Indian Tribes, and 
 historically disadvantaged communities in rural areas 
 with technical assistance for meeting the transportation 
 infrastructure investment needs of the United States in 
 a financially sustainable 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 
 transportation infrastructure and services within 
 rural areas and on the land of Indian Tribes;
 (iii) barriers and opportunities to funding 
 transportation projects in rural areas and on the 
 land of Indian Tribes; and
 (iv) unique transportation barriers and 
 challenges faced by Indian Tribes and historically 
 disadvantaged communities in rural areas;
 (B) evaluate data on transportation challenges faced 
 by rural communities and Indian Tribes and determine 
 methods to align the discretionary funding and financing 
 opportunities of the Department with the needs of those 
 communities for meeting national transportation goals;
 (C) provide education and technical assistance to 
 rural communities and Indian Tribes about applicable 
 Department discretionary grants, develop effective 
 methods to evaluate projects in those communities in 
 discretionary grant programs, and communicate those 
 methods through program guidance;

``(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
 (C) in subsection (e)(2), by striking ``$900,000'' 
 and inserting ``$1,300,000''.
 (2) Administration.--Section 9(a) of the Dingell-Johnson 
 Sport Fish Restoration Act (16 U.S.C. 777h(a)) is amended--
 (A) 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;'';
 (B) by redesignating paragraphs (3) through (12) as 
 paragraphs (2) through (11), respectively;
 (C) in paragraph (2) (as so redesignated), by 
 striking ``paragraphs (1) and (2)'' and inserting 
 ``paragraph (1)'';
 (D) 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)'';
 (E) in paragraph (8)(A) (as so redesignated), by 
 striking ``on a full-time basis''; and
 (F) in paragraph (10) (as so redesignated)--
 (i) by inserting ``or part-time'' after 
 ``full-time''; and
 (ii) 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''.
 (3) 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.''.
 (4) 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''.

life applications of electric vehicle batteries as 
 aggregated energy storage installations to provide 
 services to the electric grid.
 ``(B) Purposes.--The purposes of the project under 
 subparagraph (A) shall be--
 ``(i) to demonstrate power safety and the 
 reliability of the applications demonstrated under 
 the program;
 ``(ii) to demonstrate the ability of electric 
 vehicle batteries--
 ``(I) to provide ancillary services 
 for grid stability and management; and
 ``(II) to reduce the peak loads of 
 homes and businesses;
 ``(iii) to extend the useful life of electric 
 vehicle batteries and the components of electric 
 vehicle batteries prior to the collection, 
 recycling, and reprocessing of the batteries and 
 components; and
 ``(iv) to increase acceptance of, and 
 participation in, the use of second-life 
 applications of electric vehicle batteries by 
 utilities.
 ``(C) Priority.--In selecting a project to carry out 
 under subparagraph (A), the Secretary shall give 
 priority to projects in which the demonstration of the 
 applicable second-life applications is paired with 1 or 
 more facilities that could particularly benefit from 
 increased resiliency and lower energy costs, such as a 
 multi-family affordable housing facility, a senior care 
 facility, and a community health center.''.
SEC. 40113. <<NOTE: 16 UC 838n.>> COLUMBIA BASIN POWER 
 MANAGEMENT.

(a) Definition of Critical Mineral.--In this section, the term 
``critical mineral'' has the meaning given the term in section 7002(a) 
of the Energy Act of 2020 (30 U.S.C. 1606(a)).
 (b) Sense of Congress.--It is the sense of Congress that--
 (1) critical minerals are fundamental to the economy, 
 competitiveness, and security of the United States;
 (2) many critical minerals are only economic to recover when 
 combined with the production of a host mineral;
 (3) to the maximum extent practicable, the critical mineral 
 needs of the United States should be satisfied by minerals 
 responsibly produced and recycled in the United States; and
 (4) the Federal permitting process has been identified as an 
 impediment to mineral production and the mineral security of the 
 United States.

(iv) the Arms Export Control Act (22 U.S.C. 
 2751 et seq.);
 (v) section 224, 225, 226, 227, or 236 of the 
 Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 
 2276, 2277, and 2284);
 (vi) the Export Control Reform Act of 2018 (50 
 U.S.C. 4801 et seq.); or
 (vii) the International Emergency Economic 
 Powers Act (50 U.S.C. 1701 et seq.); or
 (E) <<NOTE: Consultation.>> determined by the 
 Secretary, in consultation with the Secretary of Defense 
 and the Director of National Intelligence, to be engaged 
 in unauthorized conduct that is detrimental to the 
 national security or foreign policy of the United 
 States.
 (6) Manufacturing.--The term ``manufacturing'', with respect 
 to an advanced battery and an advanced battery component, means 
 the industrial and chemical steps taken to produce that advanced 
 battery or advanced battery component, respectively.
 (7) Processing.--The term ``processing'', with respect to 
 battery material, means the refining of materials, including the 
 treating, baking, and coating processes used to convert raw 
 products into constituent materials employed directly in 
 advanced battery manufacturing.
 (8) Recycling.--The term ``recycling'' means the recovery of 
 materials from advanced batteries to be reused in similar 
 applications, including the extracting, processing, and 
 recoating of battery materials and advanced battery components.

(c) Battery Manufacturing and Recycling Grants.--
 (1) <<NOTE: Deadline.>> In general.--Not later than 180 
 days after the date of enactment of this Act, the Secretary 
 shall establish within the Office of Energy Efficiency and 
 Renewable Energy a battery manufacturing and recycling grant 
 program (referred to in this subsection as the ``program'').
 (2) Purpose.--The purpose of the program is to ensure that 
 the United States has a viable domestic manufacturing and 
 recycling capability to support and sustain a North American 
 battery supply chain.
 (3) Grants.--
 (A) In general.--Under the program, the Secretary 
 shall award grants to eligible entities--

(i) to carry out 1 or more demonstration 
 projects for advanced battery component 
 manufacturing, advanced battery manufacturing, and 
 recycling;
 (ii) to construct 1 or more new commercial-
 scale advanced battery component manufacturing, 
 advanced battery manufacturing, or recycling 
 facilities in the United States; and
 (iii) to retool, retrofit, or expand 1 or more 
 existing facilities located in the United States 
 and determined qualified by the Secretary for 
 advanced battery component manufacturing, advanced 
 battery manufacturing, and recycling.
 (B) Amount limitation.--The amount of a grant 
 awarded under the program shall be not less than--
 (i) $50,000,000 for an eligible entity 
 carrying out 1 or more projects described in 
 subparagraph (A)(i);
 (ii) $100,000,000 for an eligible entity 
 carrying out 1 or more projects described in 
 subparagraph (A)(ii); and
 (iii) $50,000,000 for an eligible entity 
 carrying out 1 or more projects described in 
 subparagraph (A)(iii).
 (C) Priority; consideration.--In awarding grants to 
 eligible entities under the program, the Secretary 
 shall--
 (i) give priority to an eligible entity that--
 (I) is located and operates in the 
 United States;
 (II) is owned by a United States 
 entity;
 (III) deploys North American-owned 
 intellectual property and content;
 (IV) represents consortia or 
 industry partnerships; and
 (V)(aa) if the eligible entity will 
 use the grant for advanced battery 
 component manufacturing, will not use 
 battery material supplied by or 
 originating from a foreign entity of 
 concern; or
 (bb) if the eligible entity will use 
 the grant for battery recycling, will 
 not export recovered critical materials 
 to a foreign entity of concern; and
 (ii) take into consideration whether a 
 project--
 (I) provides workforce opportunities 
 in low- and moderate-income or rural 
 communities;
 (II) provides workforce 
 opportunities in communities that have 
 lost jobs due to the displacements of 
 fossil energy jobs;
 (III) encourages partnership with 
 universities and laboratories to spur 
 innovation and drive down costs;
 (IV) partners with Indian Tribes;
 (V) takes into account--
 (aa) greenhouse gas 
 emissions reductions and energy 
 efficient battery material 
 processing opportunities 
 throughout the manufacturing 
 process; and
 (bb) supply chain logistics; 
 and
 (VI) utilizes feedstock produced in 
 the United States.

(e) Lithium-Ion Battery Recycling Prize Competition.--
 (1) In general.--The Secretary shall continue to carry out 
 the Lithium-Ion Battery Recycling Prize Competition of the 
 Department established pursuant to section 24 of the Stevenson-
 Wydler Technology Innovation Act of 1980 (15 U.S.C. 3719) 
 (referred to in this subsection as the ``competition'').
 (2) Authorization of appropriations for pilot projects.--
 (A) In general.--There is authorized to be 
 appropriated to the Secretary to carry out Phase III of 
 the competition, $10,000,000 for fiscal year 2022, to 
 remain available until expended.
 (B) Use of funds.--The Secretary may use amounts 
 made available under subparagraph (A)--
 (i) to increase the number of winners of Phase 
 III of the competition;
 (ii) to increase the amount awarded to each 
 winner of Phase III of the competition; and
 (iii) to carry out any other activity that is 
 consistent with the goals of Phase III of the 
 competition, as determined by the Secretary.

(f) Battery and Critical Mineral Recycling.--
 (1) Definitions.--In this subsection:
 (A) Administrator.--The term ``Administrator'' means 
 the Administrator of the Environmental Protection 
 Agency.
 (B) Battery.--The term ``battery'' means a device 
 that--
 (i) consists of 1 or more electrochemical 
 cells that are electrically connected; and
 (ii) is designed to store and deliver electric 
 energy.
 (C) 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:
 (i) 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.
 (ii) If there is no person described in clause 
 (i) 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.
 (iii) If there is no person described in 
 clause (i) or (ii) 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.
 (D) Covered battery.--The term ``covered battery'' 
 means a new or unused primary battery or rechargeable 
 battery.
 (E) 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.
 (F) Critical mineral.--The term ``critical mineral'' 
 has the meaning given the term in section 7002(a) of the 
 Energy Act of 2020 (30 U.S.C. 1606(a)).
 (G) 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.
 (H) Rechargeable battery.--
 (i) 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.
 (ii) 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.
 (I) Recycling.--The term ``recycling'' means the 
 series of activities--
 (i) during which recyclable materials are 
 processed into specification-grade commodities, 
 and consumed as raw-material feedstock, in lieu of 
 virgin materials, in the manufacturing of new 
 products;
 (ii) that may include collection, processing, 
 and brokering; and
 (iii) that result in subsequent consumption by 
 a materials manufacturer, including for the 
 manufacturing of new products.

(2) Battery recycling research, development, and 
 demonstration grants.--
 (A) In general.--The Secretary, in coordination with 
 the Administrator, 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--
 (i) recycling activities;
 (ii) 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;
 (iii) strategies to increase consumer 
 acceptance of, and participation in, the recycling 
 of batteries;
 (iv) the extraction or recovery of critical 
 minerals from batteries that are recycled;
 (v) the integration of increased quantities of 
 recycled critical minerals in batteries and other 
 products to develop markets for recycled battery 
 materials and critical minerals;
 (vi) safe disposal of waste materials and 
 components recovered during the recycling process;
 (vii) the protection of the health and safety 
 of all persons involved in, or in proximity to, 
 recycling and reprocessing activities, including 
 communities located near recycling and materials 
 reprocessing facilities;
 (viii) mitigation of environmental impacts 
 that arise from recycling batteries, including 
 disposal of toxic reagents and byproducts related 
 to recycling processes;
 (ix) protection of data privacy associated 
 with collected covered battery-containing 
 products;
 (x) the optimization of the value of material 
 derived from recycling batteries; and
 (xi) the cost-effectiveness and benefits of 
 the reuse and recycling of batteries and critical 
 minerals.
 (B) Eligible entities.--The Secretary, in 
 coordination with the Administrator, may award a grant 
 under subparagraph (A) to--
 (i) an institution of higher education;
 (ii) a National Laboratory;
 (iii) a Federal research agency;
 (iv) a State research agency;
 (v) a nonprofit organization;
 (vi) an industrial entity;
 (vii) a manufacturing entity;
 (viii) a private battery-collection entity;
 (ix) an entity operating 1 or more battery 
 recycling activities;
 (x) a State or municipal government entity;
 (xi) a battery producer;
 (xii) a battery retailer; or
 (xiii) a consortium of 2 or more entities 
 described in clauses (i) through (xii).
 (C) Applications.--

(i) In general.--To be eligible to receive a 
 grant under subparagraph (A), an eligible entity 
 described in subparagraph (B) shall submit to the 
 Secretary an application at such time, in such 
 manner, and containing such information as the 
 Secretary may require.
 (ii) Contents.--An application submitted under 
 clause (i) 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.
 (D) <<NOTE: Time period.>> Authorization of 
 appropriations.--There is authorized to be appropriated 
 to the Secretary to carry out this paragraph $60,000,000 
 for the period of fiscal years 2022 through 2026.
 (3) State and local programs.--
 (A) In general.--The Secretary, in coordination with 
 the Administrator, 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.
 (B) Non-federal cost share.--The non-Federal share 
 of the cost of a project carried out using a grant under 
 this paragraph shall be 50 percent of the cost of the 
 project.
 (C) 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 subparagraph (A).
 (D) <<NOTE: Time period.>> Authorization of 
 appropriations.--There is authorized to be appropriated 
 to the Secretary to carry out this paragraph $50,000,000 
 for the period of fiscal years 2022 through 2026.
 (4) Retailers as collection points.--
 (A) <<NOTE: Grants.>> 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.
 (B) Collection system.--A system described in 
 subparagraph (A) shall include take-back of covered 
 batteries--
 (i) at no cost to the consumer; and
 (ii) on a regular, convenient, and accessible 
 basis.
 (C) <<NOTE: Time period.>> Authorization of 
 appropriations.--There is authorized to be appropriated 
 to the Secretary to carry out this paragraph $15,000,000 
 for the period of fiscal years 2022 through 2026.
 (5) Task force on producer responsibilities.--

(A) In general.--The Secretary, in coordination with 
 the Administrator, shall convene a task force to develop 
 an extended battery producer responsibility framework 
 that--
 (i) addresses battery recycling goals, cost 
 structures for mandatory recycling, reporting 
 requirements, product design, collection models, 
 and transportation of collected materials;
 (ii) provides sufficient flexibility to allow 
 battery producers to determine cost-effective 
 strategies for compliance with the framework; and
 (iii) outlines regulatory pathways for 
 effective recycling.
 (B) Task force members.--Members of the task force 
 convened under subparagraph (A) shall include--
 (i) battery producers, manufacturers, 
 retailers, recyclers, and collectors or 
 processors;
 (ii) States and municipalities; and
 (iii) other relevant stakeholders, such as 
 environmental, energy, or consumer organizations, 
 as determined by the Secretary.
 (C) Report.--Not later than 1 year after the date on 
 which the Secretary, in coordination with Administrator, 
 convenes the task force under subparagraph (A), the 
 Secretary shall submit to Congress a report that--
 (i) describes the extended producer 
 responsibility framework developed by the task 
 force;
 (ii) <<NOTE: Recommenda- tions.>> 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
 (iii) suggests regulatory pathways for 
 effective recycling.
 (6) Effect on mercury-containing and rechargeable battery 
 management act.--Nothing in this subsection, or any regulation, 
 guideline, framework, or policy adopted or promulgated pursuant 
 to this subsection, shall modify or otherwise affect the 
 provisions of the Mercury-Containing and Rechargeable Battery 
 Management Act (42 U.S.C. 14301 et seq.).
SEC. 40208. ELECTRIC DRIVE VEHICLE BATTERY RECYCLING AND SECOND-
 LIFE APPLICATIONS PROGRAM.

``(k) Electric Drive Vehicle Battery Second-Life Applications and 
Recycling.--
 ``(1) Definitions.--In this subsection:
 ``(A) Battery recycling and second-life applications 
 program.--The term `battery recycling and second-life 
 applications program' means the electric drive vehicle 
 battery recycling and second-life applications program 
 established under paragraph (3).
 ``(B) Critical material.--The term `critical 
 material' has the meaning given the term in section 
 7002(a) of the Energy Act of 2020 (30 U.S.C. 1606(a)).

``(C) Economically distressed area.--The term 
 `economically distressed area' means an area described 
 in section 301(a) of the Public Works and Economic 
 Development Act of 1965 (42 U.S.C. 3161(a)).
 ``(D) Electric drive vehicle battery.--The term 
 `electric drive vehicle battery' means any battery that 
 is a motive power source for an electric drive vehicle.
 ``(E) Eligible entity.--The term `eligible entity' 
 means an entity described in any of paragraphs (1) 
 through (5) of section 989(b) of the Energy Policy Act 
 of 2005 (42 U.S.C. 16353(b)).
 ``(2) Program.--The Secretary shall carry out a program of 
 research, development, and demonstration of--
 ``(A) second-life applications for electric drive 
 vehicle batteries that have been used to power electric 
 drive vehicles; and
 ``(B) technologies and processes for final recycling 
 and disposal of the devices described in subparagraph 
 (A).
 ``(3) Electric drive vehicle battery recycling and second-
 life applications.--
 ``(A) In general.--In carrying out the program under 
 paragraph (2), the Secretary shall establish an electric 
 drive vehicle battery recycling and second-life 
 applications program under which the Secretary shall--
 ``(i) award grants under subparagraph (D); and
 ``(ii) carry out other activities in 
 accordance with this paragraph.
 ``(B) Purposes.--The purposes of the battery 
 recycling and second-life applications program are the 
 following:
 ``(i) To improve the recycling rates and 
 second-use adoption rates of electric drive 
 vehicle batteries.
 ``(ii) To optimize the design and adaptability 
 of electric drive vehicle batteries to make 
 electric drive vehicle batteries more easily 
 recyclable.
 ``(iii) To establish alternative supply chains 
 for critical materials that are found in electric 
 drive vehicle batteries.
 ``(iv) To reduce the cost of manufacturing, 
 installation, purchase, operation, and maintenance 
 of electric drive vehicle batteries.
 ``(v) To improve the environmental impact of 
 electric drive vehicle battery recycling 
 processes.
 ``(C) Targets.--In carrying out the battery 
 recycling and second-life applications program, the 
 Secretary shall address near-term (up to 2 years), mid-
 term (up to 5 years), and long-term (up to 10 years) 
 challenges to the recycling of electric drive vehicle 
 batteries.
 ``(D) Grants.--
 ``(i) In general.--In carrying out the battery 
 recycling and second-life applications program, 
 the Secretary shall award multiyear grants on a 
 competitive, merit-reviewed basis to eligible 
 entities--
 ``(I) to conduct research, 
 development, testing, and evaluation of 
 solutions to increase the rate and 
 productivity of electric drive vehicle 
 battery recycling; and

``(II) for research, development, 
 and demonstration projects to create 
 innovative and practical approaches to 
 increase the recycling and second-use of 
 electric drive vehicle batteries, 
 including by addressing--
 ``(aa) technology to 
 increase the efficiency of 
 electric drive vehicle battery 
 recycling and maximize the 
 recovery of critical materials 
 for use in new products;
 ``(bb) expanded uses for 
 critical materials recovered 
 from electric drive vehicle 
 batteries;
 ``(cc) product design and 
 construction to facilitate the 
 disassembly and recycling of 
 electric drive vehicle 
 batteries;
 ``(dd) product design and 
 construction and other tools and 
 techniques to extend the 
 lifecycle of electric drive 
 vehicle batteries, including 
 methods to promote the safe 
 second-use of electric drive 
 vehicle batteries;
 ``(ee) strategies to 
 increase consumer acceptance of, 
 and participation in, the 
 recycling of electric drive 
 vehicle batteries;
 ``(ff) improvements and 
 changes to electric drive 
 vehicle battery chemistries that 
 include ways to decrease 
 processing costs for battery 
 recycling without sacrificing 
 front-end performance;
 ``(gg) second-use of 
 electric drive vehicle 
 batteries, including in 
 applications outside of the 
 automotive industry; and
 ``(hh) the commercialization 
 and scale-up of electric drive 
 vehicle battery recycling 
 technologies.
 ``(ii) Priority.--In awarding grants under 
 clause (i), the Secretary shall give priority to 
 projects that--
 ``(I) are located in geographically 
 diverse regions of the United States;
 ``(II) include business 
 commercialization plans that have the 
 potential for the recycling of electric 
 drive vehicle batteries at high volumes;
 ``(III) support the development of 
 advanced manufacturing technologies that 
 have the potential to improve the 
 competitiveness of the United States in 
 the international electric drive vehicle 
 battery manufacturing sector;
 ``(IV) provide the greatest 
 potential to reduce costs for consumers 
 and promote accessibility and community 
 implementation of demonstrated 
 technologies;
 ``(V) increase disclosure and 
 transparency of information to 
 consumers;
 ``(VI) support the development or 
 demonstration of projects in 
 economically distressed areas; and
 ``(VII) support other relevant 
 priorities, as determined to be 
 appropriate by the Secretary.

`` <<NOTE: Deadline.>> (iii) Solicitation.--
 Not later than 90 days after the date of enactment 
 of the Infrastructure Investment and Jobs Act, and 
 annually thereafter, the Secretary shall conduct a 
 national solicitation for applications for grants 
 described in clause (i).
 ``(iv) Dissemination of results.--The 
 Secretary shall publish the results of the 
 projects carried out through grants awarded under 
 clause (i) through--
 ``(I) best practices relating to 
 those grants, for use in the electric 
 drive vehicle battery manufacturing, 
 design, installation, refurbishing, or 
 recycling industries;
 ``(II) coordination with information 
 dissemination programs relating to 
 general recycling of electronic devices; 
 and
 ``(III) educational materials for 
 the public, produced in conjunction with 
 State and local governments or nonprofit 
 organizations, on the problems and 
 solutions relating to the recycling and 
 second-life applications of electric 
 drive vehicle batteries.
 ``(E) Coordination with other programs of the 
 department.--In carrying out the battery recycling and 
 second-life applications program, the Secretary shall 
 coordinate and leverage the resources of complementary 
 efforts of the Department.
 ``(F) Study and report.--
 ``(i) Study.--The Secretary shall conduct a 
 study on the viable market opportunities available 
 for the recycling, second-use, and manufacturing 
 of electric drive vehicle batteries in the United 
 States.
 ``(ii) Report.--Not later than 1 year after 
 the date of enactment of the Infrastructure 
 Investment and Jobs Act, the Secretary shall 
 submit to the Committee on Energy and Natural 
 Resources of the Senate, the Committee on Science, 
 Space, and Technology of the House of 
 Representatives, and any other relevant committee 
 of Congress a report containing the results of the 
 study under clause (i), including a description 
 of--
 ``(I) the ability of relevant 
 businesses or other entities to 
 competitively manufacture electric drive 
 vehicle batteries and recycle electric 
 drive vehicle batteries in the United 
 States;
 ``(II) any existing electric drive 
 vehicle battery recycling and second-use 
 practices and plans of electric drive 
 vehicle manufacturing companies in the 
 United States;
 ``(III) any barriers to electric 
 drive vehicle battery recycling in the 
 United States;
 ``(IV) opportunities and barriers in 
 electric drive vehicle battery supply 
 chains in the United States and 
 internationally, including with allies 
 and trading partners;
 ``(V) opportunities for job creation 
 in the electric drive vehicle battery 
 recycling and manufacturing fields and 
 the necessary skills employees must 
 acquire for growth of those fields in 
 the United States;

``(VI) <<NOTE: Recommenda- tions.>> 
 policy recommendations for enhancing 
 electric drive vehicle battery 
 manufacturing and recycling in the 
 United States;
 ``(VII) <<NOTE: Recommenda- 
 tions.>> any recommendations for 
 lowering logistics costs and creating 
 better coordination and efficiency with 
 respect to the removal, collection, 
 transportation, storage, and disassembly 
 of electric drive vehicle batteries;
 ``(VIII) <<NOTE: Recommenda- 
 tions.>> any recommendations for areas 
 of coordination with other Federal 
 agencies to improve electric drive 
 vehicle battery recycling rates in the 
 United States;
 ``(IX) an aggressive 2-year target 
 and plan, the implementation of which 
 shall begin during the 90-day period 
 beginning on the date on which the 
 report is submitted, to enhance the 
 competitiveness of electric drive 
 vehicle battery manufacturing and 
 recycling in the United States; and
 ``(X) needs for future research, 
 development, and demonstration projects 
 in electric drive vehicle battery 
 manufacturing, recycling, and related 
 areas, as determined by the Secretary.
 ``(G) <<NOTE: Deadline. Time period. Recommenda- 
 tions.>> Evaluation.--Not later than 3 years after the 
 date on which the report under subparagraph (F)(ii) is 
 submitted, and every 4 years thereafter, the Secretary 
 shall conduct, and make available to the public and the 
 relevant committees of Congress, an independent review 
 of the progress of the grants awarded under subparagraph 
 (D) in meeting the recommendations and targets included 
 in the report.''; and
 (2) in subsection (p), by striking paragraph (6) and 
 inserting the following:
 ``(6) the electric drive vehicle battery recycling and 
 second-life applications program under subsection (k) 
 $200,000,000 for the period of fiscal years 2022 through 
 2026.''.
SEC. 40209. <<NOTE: 42 USC 18742.>> ADVANCED ENERGY MANUFACTURING 
 AND RECYCLING GRANT PROGRAM.

(F) property designed to produce energy conservation 
 technologies (including for residential, commercial, and 
 industrial applications);
 (G)(i) light-, medium-, or heavy-duty electric or 
 fuel cell vehicles, electric or fuel cell locomotives, 
 electric or fuel cell maritime vessels, or electric or 
 fuel cell planes;
 (ii) technologies, components, and materials of 
 those vehicles, locomotives, maritime vessels, or 
 planes; and
 (iii) charging or refueling infrastructure 
 associated with those vehicles, locomotives, maritime 
 vessels, or planes;
 (H)(i) hybrid vehicles with a gross vehicle weight 
 rating of not less than 14,000 pounds; and
 (ii) technologies, components, and materials for 
 those vehicles; and
 (I) other advanced energy property designed to 
 reduce greenhouse gas emissions, as may be determined by 
 the Secretary.
 (2) Covered census tract.--The term ``covered census tract'' 
 means a census tract--
 (A) in which, after December 31, 1999, a coal mine 
 had closed;
 (B) in which, after December 31, 2009, a coal-fired 
 electricity generating unit had been retired; or
 (C) that is immediately adjacent to a census tract 
 described in subparagraph (A) or (B).
 (3) Eligible entity.--The term ``eligible entity'' 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.
 (4) Minority-owned.--The term ``minority-owned'', with 
 respect to an eligible entity, means an eligible entity not less 
 than 51 percent of which is owned by 1 or more individuals who 
 are--
 (A) citizens of the United States; and
 (B) Asian American, Native Hawaiian, Pacific 
 Islander, African American, Hispanic, Puerto Rican, 
 Native American, or Alaska Native.
 (5) Program.--The term ``Program'' means the grant program 
 established under subsection (b).
 (6) Qualifying advanced energy project.--The term 
 ``qualifying advanced energy project'' means a project that--
 (A)(i) re-equips, expands, or establishes a 
 manufacturing or recycling facility for the production 
 or recycling, as applicable, of advanced energy 
 property; or
 (ii) re-equips an industrial or manufacturing 
 facility with equipment designed to reduce the 
 greenhouse gas emissions of that facility substantially 
 below the greenhouse gas emissions under current best 
 practices, as determined by the Secretary, through the 
 installation of--
 (I) low- or zero-carbon process heat systems;
 (II) carbon capture, transport, utilization, 
 and storage systems;

(h) <<NOTE: Time period.>> Authorization of Appropriations.--There 
is authorized to be appropriated to the Secretary to carry out the 
Program $750,000,000 for the period of fiscal years 2022 through 2026.
SEC. 40210. <<NOTE: 42 USC 18743.>> CRITICAL MINERALS MINING AND 
 RECYCLING RESEARCH.

performance metrics, and the recycling or disposal of such 
 devices.
 (5) Foreign entity of concern.--The term ``foreign entity of 
 concern'' means a foreign entity that is--
 (A) designated as a foreign terrorist organization 
 by the Secretary of State under section 219(a) of the 
 Immigration and Nationality Act (8 U.S.C. 1189(a));
 (B) included on the list of specially designated 
 nationals and blocked persons maintained by the Office 
 of Foreign Assets Control of the Department of the 
 Treasury (commonly known as the SDN list);
 (C) owned by, controlled by, or subject to the 
 jurisdiction or direction of a government of a foreign 
 country that is a covered nation (as defined in section 
 2533c(d) of title 10, United States Code);
 (D) alleged by the Attorney General to have been 
 involved in activities for which a conviction was 
 obtained under--
 (i) chapter 37 of title 18, United States Code 
 (commonly known as the ``Espionage Act'');
 (ii) section 951 or 1030 of title 18, United 
 States Code;
 (iii) chapter 90 of title 18, United States 
 Code (commonly known as the ``Economic Espionage 
 Act of 1996)'';
 (iv) the Arms Export Control Act (22 U.S.C. 
 2751 et seq.);
 (v) section 224, 225, 226, 227, or 236 of the 
 Atomic Energy Act of 1954 (42 U.S.C. 2274, 2275, 
 2276, 2277, and 2284);
 (vi) the Export Control Reform Act of 2018 (50 
 U.S.C. 4801 et seq.); or
 (vii) the International Emergency Economic 
 Powers Act (50 U.S.C. 1701 et seq.); or
 (E) determined by the Secretary of Commerce, in 
 consultation with the Secretary of Defense and the 
 Director of National Intelligence, to be engaged in 
 unauthorized conduct that is detrimental to the national 
 security or foreign policy of the United States.
 (6) Foundation.--The term ``Foundation'' means the National 
 Science Foundation.
 (7) Institution of higher education.--The term ``institution 
 of higher education'' has the meaning given the term in section 
 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
 (8) National laboratory.--The term ``National Laboratory'' 
 has the meaning given the term in section 2 of the Energy Policy 
 Act of 2005 (42 U.S.C. 15801).
 (9) Recycling.--The term ``recycling'' means the process of 
 collecting and processing spent materials and devices and 
 turning the materials and devices into raw materials or 
 components that can be reused either partially or completely.
 (10) Secondary recovery.--The term ``secondary recovery'' 
 means the recovery of critical minerals and metals from 
 discarded end-use products or from waste products produced 
 during the metal refining and manufacturing process, including 
 from mine waste piles, acid mine drainage sludge,

(b) Critical Minerals Mining and Recycling Research and 
Development.--
 (1) In general.--In order to support supply chain 
 resiliency, the Secretary, in coordination with the Director, 
 shall issue awards, on a competitive basis, to eligible entities 
 described in paragraph (2) to support basic research that will 
 accelerate innovation to advance critical minerals mining, 
 recycling, and reclamation strategies and technologies for the 
 purposes of--
 (A) making better use of domestic resources; and
 (B) eliminating national reliance on minerals and 
 mineral materials that are subject to supply 
 disruptions.
 (2) Eligible entities.--Entities eligible to receive an 
 award under paragraph (1) are the following:
 (A) Institutions of higher education.
 (B) National Laboratories.
 (C) Nonprofit organizations.
 (D) Consortia of entities described in subparagraphs 
 (A) through (C), including consortia that collaborate 
 with private industry.
 (3) Use of funds.--Activities funded by an award under this 
 section may include--
 (A) advancing mining research and development 
 activities to develop new mapping and mining 
 technologies and techniques, including advanced critical 
 mineral extraction and production--
 (i) to improve existing, or to develop new, 
 supply chains of critical minerals; and
 (ii) to yield more efficient, economical, and 
 environmentally benign mining practices;
 (B) advancing critical mineral processing research 
 activities to improve separation, alloying, 
 manufacturing, or recycling techniques and technologies 
 that can decrease the energy intensity, waste, potential 
 environmental impact, and costs of those activities;
 (C) advancing research and development of critical 
 minerals mining and recycling technologies that take 
 into account the potential end-uses and disposal of 
 critical minerals, in order to improve end-to-end 
 integration of mining and technological applications;
 (D) conducting long-term earth observation of 
 reclaimed mine sites, including the study of the 
 evolution of microbial diversity at those sites;
 (E) examining the application of artificial 
 intelligence for geological exploration of critical 
 minerals, including what size and diversity of data sets 
 would be required;
 (F) examining the application of machine learning 
 for detection and sorting of critical minerals, 
 including what size and diversity of data sets would be 
 required;
 (G) conducting detailed isotope studies of critical 
 minerals and the development of more refined geologic 
 models; or
 (H) providing training and research opportunities to 
 undergraduate and graduate students to prepare the next 
 generation of mining engineers and researchers.

(c) Critical Minerals Interagency Subcommittee.--
 (1) In general.--In order to support supply chain 
 resiliency, the Critical Minerals Subcommittee of the National 
 Science and Technology Council (referred to in this subsection 
 as the ``Subcommittee'') shall coordinate Federal science and 
 technology efforts to ensure secure and reliable supplies of 
 critical minerals to the United States.
 (2) Purposes.--The purposes of the Subcommittee shall be--
 (A) to advise and assist the National Science and 
 Technology Council, including the Committee on Homeland 
 and National Security of the National Science and 
 Technology Council, on United States policies, 
 procedures, and plans relating to critical minerals, 
 including--
 (i) Federal research, development, and 
 deployment efforts to optimize methods for 
 extractions, concentration, separation, and 
 purification of conventional, secondary, and 
 unconventional sources of critical minerals, 
 including research that prioritizes end-to-end 
 integration of mining and recycling techniques and 
 the end-use target for critical minerals;
 (ii) efficient use and reuse of critical 
 minerals, including recycling technologies for 
 critical minerals and the reclamation of critical 
 minerals from components, such as spent batteries;
 (iii) addressing the technology transitions 
 between research or lab-scale mining and recycling 
 and commercialization of these technologies;
 (iv) the critical minerals workforce of the 
 United States; and
 (v) United States private industry investments 
 in innovation and technology transfer from 
 federally funded science and technology;
 (B) to identify emerging opportunities, stimulate 
 international cooperation, and foster the development of 
 secure and reliable supply chains of critical minerals, 
 including activities relating to the reuse of critical 
 minerals via recycling;
 (C) to ensure the transparency of information and 
 data related to critical minerals; and
 (D) to provide recommendations on coordination and 
 collaboration among the research, development, and 
 deployment programs and activities of Federal agencies 
 to promote a secure and reliable supply of critical 
 minerals necessary to maintain national security, 
 economic well-being, and industrial production.
 (3) Responsibilities.--In carrying out paragraphs (1) and 
 (2), the Subcommittee may, taking into account the findings and 
 recommendations of relevant advisory committees--
 (A) provide recommendations on how Federal agencies 
 may improve the topographic, geologic, and geophysical 
 mapping of the United States and improve the 
 discoverability, accessibility, and usability of the 
 resulting and existing data, to the extent permitted by 
 law and subject to appropriate limitation for purposes 
 of privacy and security;

(B) assess the progress toward developing critical 
 minerals recycling and reprocessing technologies;
 (C) assess the end-to-end lifecycle of critical 
 minerals, including for mining, usage, recycling, and 
 end-use material and technology requirements;
 (D) examine, and provide recommendations for, 
 options for accessing and developing critical minerals 
 through investment and trade with allies and partners of 
 the United States;
 (E) evaluate and provide recommendations to 
 incentivize the development and use of advances in 
 science and technology in the private industry;
 (F) assess the need for, and make recommendations to 
 address, the challenges the United States critical 
 minerals supply chain workforce faces, including--
 (i) aging and retiring personnel and faculty;
 (ii) public perceptions about the nature of 
 mining and mineral processing; and
 (iii) foreign competition for United States 
 talent;
 (G) develop, and update as necessary, a strategic 
 plan to guide Federal programs and activities to 
 enhance--
 (i) scientific and technical capabilities 
 across critical mineral supply chains, including a 
 roadmap that identifies key research and 
 development needs and coordinates ongoing 
 activities for source diversification, more 
 efficient use, recycling, and substitution for 
 critical minerals; and
 (ii) cross-cutting mining science, data 
 science techniques, materials science, 
 manufacturing science and engineering, 
 computational modeling, and environmental health 
 and safety research and development; and
 (H) report to the appropriate committees of Congress 
 on activities and findings under this subsection.
 (4) Mandatory responsibilities.--In carrying out paragraphs 
 (1) and (2), the Subcommittee shall, taking into account the 
 findings and recommendations of relevant advisory committees, 
 identify and evaluate Federal policies and regulations that 
 restrict the mining of critical minerals.

(d) Grant Program for Processing of Critical Minerals and 
Development of Critical Minerals and Metals.--
 (1) Establishment.--The Secretary, in consultation with the 
 Director, the Secretary of the Interior, and the Secretary of 
 Commerce, shall establish a grant program to finance pilot 
 projects for--
 (A) the processing or recycling of critical minerals 
 in the United States; or
 (B) the development of critical minerals and metals 
 in the United States
 (2) Limitation on grant awards.--A grant awarded under 
 paragraph (1) may not exceed $10,000,000.
 (3) Economic viability.--In awarding grants under paragraph 
 (1), the Secretary shall give priority to projects that the 
 Secretary determines are likely to be economically viable over 
 the long term.
 (4) Secondary recovery.--In awarding grants under paragraph 
 (1), the Secretary shall seek to award not less than

``(b) Reports to Congress.--
 ``(1) In general.--Not later than 180 days after the date of 
 enactment of the Infrastructure Investment and Jobs Act, the 
 Secretary shall submit to Congress the clean hydrogen strategy 
 and roadmap developed under subsection (a).
 ``(2) <<NOTE: Time period.>> Updates.--The Secretary shall 
 submit to Congress updates to the clean hydrogen strategy and 
 roadmap under paragraph (1) not less frequently than once every 
 3 years after the date on which the Secretary initially submits 
 the report and roadmap.
``SEC. 815. <<NOTE: 42 USC 16161c.>> CLEAN HYDROGEN MANUFACTURING 
 AND RECYCLING.

``(b) Clean Hydrogen Technology Recycling Research, Development, and 
Demonstration Program.--
 ``(1) <<NOTE: Grants. Contracts.>> In general.--In carrying 
 out the programs established under sections 805 and 813, the 
 Secretary shall award multiyear grants to, and enter into 
 contracts, cooperative agreements, or any other agreements 
 authorized under this Act or other Federal law with, eligible 
 entities for research, development, and demonstration projects 
 to create innovative and practical approaches to increase the 
 reuse and recycling of clean hydrogen technologies, including 
 by--
 ``(A) increasing the efficiency and cost-
 effectiveness of the recovery of raw materials from 
 clean hydrogen technology components and systems, 
 including enabling technologies such as electrolyzers 
 and fuel cells;
 ``(B) minimizing environmental impacts from the 
 recovery and disposal processes;
 ``(C) addressing any barriers to the research, 
 development, demonstration, and commercialization of 
 technologies and processes for the disassembly and 
 recycling of devices used for clean hydrogen production, 
 processing, delivery, storage, and use;
 ``(D) developing alternative materials, designs, 
 manufacturing processes, and other aspects of clean 
 hydrogen technologies;
 ``(E) developing alternative disassembly and 
 resource recovery processes that enable efficient, cost-
 effective, and environmentally responsible disassembly 
 of, and resource recovery from, clean hydrogen 
 technologies; and
 ``(F) developing strategies to increase consumer 
 acceptance of, and participation in, the recycling of 
 fuel cells.
 ``(2) <<NOTE: Public information.>> Dissemination of 
 results.--The Secretary shall make available to the public and 
 the relevant committees of Congress the results of the projects 
 carried out through grants awarded, or contracts, cooperative 
 agreements, or other agreements entered into, under paragraph 
 (1), including any educational and outreach materials developed 
 by the projects.

``Sec. 813. Regional clean hydrogen hubs.
``Sec. 814. National clean hydrogen strategy and roadmap.
``Sec. 815. Clean hydrogen manufacturing and recycling.
``Sec. 816. Clean hydrogen electrolysis program.
``Sec. 817. Laboratory management.
``Sec. 818. Technology transfer
``Sec. 819. Miscellaneous provisions.
``Sec. 820. Cost sharing.
``Sec. 821. Savings clause.
``Sec. 822. Clean hydrogen production qualifications.''.

(A) In general.--Section 1703(b) of the Energy 
 Policy Act of 2005 (42 U.S.C. 16513(b)) is amended by 
 adding at the end the following:
 ``(13) Projects that increase the domestically produced 
 supply of critical minerals (as defined in section 7002(a) of 
 the Energy Act of 2020 (30 U.S.C. 1606(a)), including through 
 the production, processing, manufacturing, recycling, or 
 fabrication of mineral alternatives.''.
 (B) Prohibition on use of previously appropriated 
 funds.--Amounts appropriated to the Department of Energy 
 before the date of enactment of this Act shall not be 
 made available for the cost of loan guarantees made 
 under paragraph (13) of section 1703(b) of the Energy 
 Policy Act of 2005 (42 U.S.C. 16513(b)).
 (C) Prohibition on use of previously available 
 commitment authority.--Amounts made available to the 
 Department of Energy for commitments to guarantee loans 
 under section 1703 of the Energy Policy Act of 2005 (42 
 U.S.C. 16513) before the date of enactment of this Act 
 shall not be made available for commitments to guarantee 
 loans for projects described in paragraph (13) of 
 section 1703(b) of the Energy Policy Act of 2005 (42 
 U.S.C. 16513(b)).
 (3) Conflicts of interest.--Section 1702 of the Energy 
 Policy Act of 2005 (42 U.S.C. 16512) is amended by adding at the 
 end the following:

``(c) Criteria; Priority.--In awarding grants under subsection (b), 
the Secretary shall--
 ``(1) consider--
 ``(A) prospective energy savings and plans to 
 measure the savings, including utilizing the 
 Environmental Protection Agency Portfolio Manager, the 
 Home Energy Score rating of the Office of Energy 
 Efficiency and Renewable Energy of the Department of 
 Energy, the Energy Star Building rating methodologies of 
 the Environmental Protection Agency, and other 
 methodologies determined appropriate by the Secretary;
 ``(B) the long-term sustainability of those measures 
 and savings;
 ``(C) prospective benefits, and plans to assess the 
 benefits, including benefits relating to--

``(2) Purpose.--The purpose of each institution of higher 
 education-based industrial research and assessment center shall 
 be--
 ``(A) to provide in-depth assessments of small- and 
 medium-sized manufacturer plant sites to evaluate the 
 facilities, services, and manufacturing operations of 
 the plant sites;
 ``(B) to identify opportunities for optimizing 
 energy efficiency and environmental performance, 
 including implementation of--
 ``(i) smart manufacturing;
 ``(ii) energy management systems;
 ``(iii) sustainable manufacturing;
 ``(iv) information technology advancements for 
 supply chain analysis, logistics, system 
 monitoring, industrial and manufacturing 
 processes, and other purposes; and
 ``(v) waste management systems;
 ``(C) to promote applications of emerging concepts 
 and technologies in small- and medium-sized 
 manufacturers (including water and wastewater treatment 
 facilities and federally owned manufacturing 
 facilities);
 ``(D) to promote research and development for the 
 use of alternative energy sources to supply heat, power, 
 and new feedstocks for energy-intensive industries;
 ``(E) <<NOTE: Coordination.>> to coordinate with 
 appropriate Federal and State research offices;
 ``(F) to provide a clearinghouse for industrial 
 process and energy efficiency technical assistance 
 resources; and
 ``(G) <<NOTE: Coordination.>> to coordinate with 
 State-accredited technical training centers and 
 community colleges, while ensuring appropriate services 
 to all regions of the United States.

``(c) Coordination.--To increase the value and capabilities of the 
industrial research and assessment centers, the centers shall--
 ``(1) coordinate with Manufacturing Extension Partnership 
 Centers of the National Institute of Standards and Technology;
 ``(2) coordinate with the Federal Energy Management Program 
 and the Building Technologies Office of the Department of Energy 
 to provide building assessment services to manufacturers;
 ``(3) increase partnerships with the National Laboratories 
 of the Department of Energy to leverage the expertise, 
 technologies, and research and development capabilities of the 
 National Laboratories for national industrial and manufacturing 
 needs;
 ``(4) increase partnerships with energy service providers 
 and technology providers to leverage private sector expertise 
 and accelerate deployment of new and existing technologies and 
 processes for energy efficiency, power factor, and load 
 management;
 ``(5) identify opportunities for reducing greenhouse gas 
 emissions and other air emissions; and
 ``(6) promote sustainable manufacturing practices for small- 
 and medium-sized manufacturers.

SEC. 40522. SUSTAINABLE MANUFACTURING INITIATIVE.

(a) In General.--Part E of title III of the Energy Policy and 
Conservation Act (42 U.S.C. 6341 et seq.) is amended by adding at the 
end the following:
``SEC. 376. <<NOTE: 42 USC 6346.>> SUSTAINABLE MANUFACTURING 
 INITIATIVE.

``(c) Research and Development Program for Sustainable Manufacturing 
and Industrial Technologies and Processes.--As part of the industrial 
efficiency programs of the Department of Energy, the Secretary shall 
carry out a joint industry-government partnership program to research, 
develop, and demonstrate new sustainable manufacturing and industrial 
technologies and processes that maximize the energy efficiency of 
industrial plants, reduce pollution, and conserve natural resources.''.
 (b) Clerical Amendment.--The table of contents of the Energy Policy 
and Conservation Act (42 U.S.C. prec. 6201) is amended by adding at the 
end of the items relating to part E of title III the following:

``376. Sustainable manufacturing initiative.''.

In this part:
 (1) Energy management system.--The term ``energy management 
 system'' means a business management process based on standards 
 of the American National Standards Institute that enables an 
 organization to follow a systematic approach in achieving 
 continual improvement of energy performance, including energy 
 efficiency, security, use, and consumption.
 (2) Industrial research and assessment center.--The term 
 ``industrial research and assessment center'' means a center 
 located at an institution of higher education, a trade school, a 
 community college, or a union training program that--
 (A) receives funding from the Department;
 (B) provides an in-depth assessment of small- and 
 medium-size manufacturer plant sites to evaluate the 
 facilities, services, and manufacturing operations of 
 the plant site; and
 (C) identifies opportunities for potential savings 
 for small- and medium-size manufacturer plant sites from 
 energy efficiency improvements, waste minimization, 
 pollution prevention, and productivity improvement.
 (3) Information and communication technology.--The term 
 ``information and communication technology'' means any 
 electronic system or equipment (including the content contained 
 in the system or equipment) used to create, convert, 
 communicate, or duplicate data or information, including 
 computer hardware, firmware, software, communication protocols, 
 networks, and data interfaces.
 (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) North american industry classification system.--The term 
 ``North American Industry Classification System'' means the 
 standard used by Federal statistical agencies in classifying 
 business establishments for the purpose of collecting,

analyzing, and publishing statistical data relating to the 
 business economy of the United States.
 (6) Small and medium manufacturers.--The term ``small and 
 medium manufacturers'' means manufacturing firms--
 (A) classified in the North American Industry 
 Classification System as any of sectors 31 through 33;
 (B) with gross annual sales of less than 
 $100,000,000;
 (C) with fewer than 500 employees at the plant site; 
 and
 (D) with annual energy bills totaling more than 
 $100,000 and less than $3,500,000.
 (7) Smart manufacturing.--The term ``smart manufacturing'' 
 means advanced technologies in information, automation, 
 monitoring, computation, sensing, modeling, artificial 
 intelligence, analytics, and networking that--
 (A) digitally--
 (i) simulate manufacturing production lines;
 (ii) operate computer-controlled manufacturing 
 equipment;
 (iii) monitor and communicate production line 
 status; and
 (iv) manage and optimize energy productivity 
 and cost throughout production;
 (B) model, simulate, and optimize the energy 
 efficiency of a factory building;
 (C) monitor and optimize building energy 
 performance;
 (D) model, simulate, and optimize the design of 
 energy efficient and sustainable products, including the 
 use of digital prototyping and additive manufacturing to 
 enhance product design;
 (E) connect manufactured products in networks to 
 monitor and optimize the performance of the networks, 
 including automated network operations; and
 (F) digitally connect the supply chain network.
SEC. 40532. <<NOTE: 42 USC 18812.>> LEVERAGING EXISTING AGENCY 
 PROGRAMS TO ASSIST SMALL AND MEDIUM 
 MANUFACTURERS.

(3) $1,000,000,000 for rural water projects that have been 
 authorized by an Act of Congress before July 1, 2021, in 
 accordance with the Reclamation Rural Water Supply Act of 2006 
 (43 U.S.C. 2401 et seq.);
 (4) $1,000,000,000 for water recycling and reuse projects, 
 of which--
 (A) $550,000,000 shall be made available for water 
 recycling and reuse projects authorized in accordance 
 with the Reclamation Wastewater and Groundwater Study 
 and Facilities Act (43 U.S.C. 390h et seq.) that are--
 (i) authorized or approved for construction 
 funding by an Act of Congress before the date of 
 enactment of this Act; or
 (ii) selected for funding under the 
 competitive grant program authorized pursuant to 
 section 1602(f) of the Reclamation Wastewater and 
 Groundwater Study and Facilities Act (43 U.S.C. 
 390h(f)), with funding under this subparagraph to 
 be provided in accordance with that section, 
 notwithstanding section 4013 of the Water 
 Infrastructure Improvements for the Nation Act (43 
 U.S.C. 390b note; Public Law 114-322), except that 
 section 1602(g)(2) of the Reclamation Wastewater 
 and Groundwater Study and Facilities Act (43 
 U.S.C. 390h(g)(2)) shall not apply to amounts made 
 available under this subparagraph; and
 (B) $450,000,000 shall be made available for large-
 scale water recycling and reuse projects in accordance 
 with section 40905;
 (5) $250,000,000 for water desalination projects and studies 
 authorized in accordance with the Water Desalination Act of 1996 
 (42 U.S.C. 10301 note; Public Law 104-298) that are--
 (A) authorized or approved for construction funding 
 by an Act of Congress before July 1, 2021; or
 (B) selected for funding under the program 
 authorized pursuant to section 4(a) of the Water 
 Desalination Act of 1996 (42 U.S.C. 10301 note; Public 
 Law 104-298), with funding to be made available under 
 this paragraph in accordance with that subsection, 
 notwithstanding section 4013 of the Water Infrastructure 
 Improvements for the Nation Act (43 U.S.C. 390b note; 
 Public Law 114-322), except that paragraph (2)(F) of 
 section 4(a) of the Water Desalination Act of 1996 (42 
 U.S.C. 10301 note; Public Law 104-298) (as redesignated 
 by section 40908) shall not apply to amounts made 
 available under this paragraph;
 (6) $500,000,000 for the safety of dams program, in 
 accordance with the Reclamation Safety of Dams Act of 1978 (43 
 U.S.C. 506 et seq.);
 (7) $400,000,000 for WaterSMART grants in accordance with 
 section 9504 of the Omnibus Public Land Management Act of 2009 
 (42 U.S.C. 10364), of which $100,000,000 shall be made available 
 for projects that would improve the condition of a natural 
 feature or nature-based feature (as those terms are defined in 
 section 9502 of the Omnibus Public Land Management Act of 2009 
 (42 U.S.C. 10362));
 (8) subject to section 40906, $300,000,000 for implementing 
 the Colorado River Basin Drought Contingency Plan, consistent 
 with the obligations of the Secretary under the Colorado River

(b) Carey Act Projects.--The Secretary shall use amounts made 
available under section 40901(2)(B) to fund the rehabilitation, 
reconstruction, or replacement of a dam--
 (1) <<NOTE: Effective date.>> the construction of which 
 began on or after January 1, 1905;
 (2) that was developed pursuant to section 4 of the Act of 
 August 18, 1894 (commonly known as the ``Carey Act'') (43 U.S.C. 
 641; 28 Stat. 422, chapter 301);
 (3) <<NOTE: Determination.>> that the Governor of the State 
 in which the dam is located has--
 (A) determined the dam has reached its useful life;
 (B) determined the dam poses significant health and 
 safety concerns; and
 (C) requested Federal support; and
 (4) for which the estimated rehabilitation, reconstruction, 
 or replacement, engineering, and permitting costs would exceed 
 $50,000,000.
SEC. 40905. <<NOTE: 43 USC 3205.>> COMPETITIVE GRANT PROGRAM FOR 
 LARGE-SCALE WATER RECYCLING AND REUSE 
 PROGRAM.

(b) Establishment.--The Secretary shall establish a program to 
provide grants to eligible entities on a competitive basis for the 
planning, design, and construction of large-scale water recycling and 
reuse projects that provide substantial water supply and other benefits 
to the Reclamation States in accordance with this section.
 (c) Eligible Project.--A project shall be eligible for a grant under 
this section if the project--
 (1) reclaims and reuses--
 (A) municipal, industrial, domestic, or agricultural 
 wastewater; or
 (B) impaired groundwater or surface water;
 (2) has a total estimated cost of $500,000,000 or more;
 (3) is located in a Reclamation State;
 (4) is constructed, operated, and maintained by an eligible 
 entity; and

``(i) an eligible entity that meets the 
 affordability criteria of the applicable State 
 established under section 1452(d)(3); and
 ``(ii) an eligible entity that is located in 
 an area other than a State that has established 
 affordability criteria under section 1452(d)(3).
 ``(4) Report.--Not later 2 years after the Administrator 
 first awards a grant under the pilot program, the Administrator 
 shall submit to the Committee on Environment and Public Works of 
 the Senate and the Committee on Energy and Commerce of the House 
 of Representatives a report describing--
 ``(A) the recipients of grants under the pilot 
 program;
 ``(B) the existing lead inventorying that was 
 available to recipients of grants under the pilot 
 program; and
 ``(C) how useful and accurate the lead inventorying 
 described in subparagraph (B) was in locating lead 
 service lines of the eligible entity.
 ``(5) Authorization of appropriations.--There is authorized 
 to be appropriated to carry out the pilot program $10,000,000, 
 to remain available until expended.''.
SEC. 50106. OPERATIONAL SUSTAINABILITY OF SMALL PUBLIC WATER 
 SYSTEMS.

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) is 
amended by adding at the end the following:
``SEC. 1459E. <<NOTE: 42 USC 300j-19f.>> OPERATIONAL 
 SUSTAINABILITY OF SMALL PUBLIC WATER 
 SYSTEMS.

``(a) Definitions.--In this section:
 ``(1) Eligible entity.--The term `eligible entity' means--
 ``(A) a State;
 ``(B) a unit of local government;
 ``(C) a public corporation established by a unit of 
 local government to provide water service;
 ``(D) a nonprofit corporation, public trust, or 
 cooperative association that owns or operates a public 
 water system;
 ``(E) an Indian Tribe that owns or operates a public 
 water system;
 ``(F) a nonprofit organization that provides 
 technical assistance to public water systems; and
 ``(G) a Tribal consortium.
 ``(2) Operational sustainability.--The term `operational 
 sustainability' means the ability to improve the operation of a 
 small system through the identification and prevention of 
 potable water loss due to leaks, breaks, and other metering or 
 infrastructure failures.
 ``(3) Program.--The term `program' means the grant program 
 established under subsection (b).
 ``(4) Small system.--The term `small system', for the 
 purposes of this section, means a public water system that--
 ``(A) serves fewer than 10,000 people; and
 ``(B) is owned or operated by--
 ``(i) a unit of local government;
 ``(ii) a public corporation;
 ``(iii) a nonprofit corporation;
 ``(iv) a public trust;
 ``(v) a cooperative association; or
 ``(vi) an Indian Tribe.

``(b) Establishment.--Subject to the availability of appropriations, 
the Administrator shall establish a program to award grants to eligible 
entities for the purpose of improving the operational sustainability of 
1 or more small systems.
 ``(c) Applications.--To be eligible to receive a grant under the 
program, an eligible entity shall submit to the Administrator an 
application at such time, in such manner, and containing such 
information as the Administrator may require, including--
 ``(1) <<NOTE: Proposal.>> a proposal of the project to be 
 carried out using grant funds under the program;
 ``(2) documentation provided by the eligible entity 
 describing the deficiencies or suspected deficiencies in 
 operational sustainability of 1 or more small systems that are 
 to be addressed through the proposed project;
 ``(3) a description of how the proposed project will improve 
 the operational sustainability of 1 or more small systems;
 ``(4) <<NOTE: Plan.>> a description of how the improvements 
 described in paragraph (3) will be maintained beyond the life of 
 the proposed project, including a plan to maintain and update 
 any asset data collected as a result of the proposed project; 
 and
 ``(5) any additional information the Administrator may 
 require.

``(e) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds to carry out projects that improve 
the operational sustainability of 1 or more small systems through--
 ``(1) the development of a detailed asset inventory, which 
 may include drinking water sources, wells, storage, valves, 
 treatment systems, distribution lines, hydrants, pumps, 
 controls, and other essential infrastructure;
 ``(2) the development of an infrastructure asset map, 
 including a map that uses technology such as--
 ``(A) geographic information system software; and
 ``(B) global positioning system software;
 ``(3) the deployment of leak detection technology;
 ``(4) the deployment of metering technology;
 ``(5) training in asset management strategies, techniques, 
 and technologies for appropriate staff employed by--
 ``(A) the eligible entity; or

``(B) the small systems for which the grant was 
 received;
 ``(6) the deployment of strategies, techniques, and 
 technologies to enhance the operational sustainability and 
 effective use of water resources through water reuse; and
 ``(7) the development or deployment of other strategies, 
 techniques, or technologies that the Administrator may determine 
 to be appropriate under the program.

``(g) Report.--Not later than 2 years after the date of enactment of 
this section, the Administrator shall submit to Congress a report that 
describes the implementation of the program, which shall include a 
description of the use and deployment of amounts made available under 
the program.
 ``(h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2022 through 2026.''.
SEC. 50107. MIDSIZE AND LARGE DRINKING WATER SYSTEM INFRASTRUCTURE 
 RESILIENCE AND SUSTAINABILITY PROGRAM.

Part E of the Safe Drinking Water Act (42 U.S.C. 300j et seq.) (as 
amended by section 50106) is amended by adding at the end the following:
``SEC. 1459F. <<NOTE: 42 USC 300j-19g.>> MIDSIZE AND LARGE 
 DRINKING WATER SYSTEM INFRASTRUCTURE 
 RESILIENCE AND SUSTAINABILITY PROGRAM.

``(a) Definitions.--In this section:
 ``(1) Eligible entity.--The term `eligible entity' means a 
 public water system that serves a community with a population of 
 10,000 or more.
 ``(2) Natural hazard; resilience.--The terms `resilience' 
 and `natural hazard' have the meanings given those terms in 
 section 1433(h).
 ``(3) Resilience and sustainability program.--The term 
 `resilience and sustainability program' means the Midsize and 
 Large Drinking Water System Infrastructure Resilience and 
 Sustainability Program established under subsection (b).

``(b) <<NOTE: Grants.>> Establishment.--The Administrator shall 
establish and carry out a program, to be known as the `Midsize and Large 
Drinking Water System Infrastructure Resilience and Sustainability 
Program', under which the Administrator, subject to the availability of 
appropriations for the resilience and sustainability program, shall 
award grants to eligible entities for the purpose of--
 ``(1) increasing resilience to natural hazards and extreme 
 weather events; and
 ``(2) reducing cybersecurity vulnerabilities.

``(c) Use of Funds.--An eligible entity may only use grant funds 
received under the resilience and sustainability program to

assist in the planning, design, construction, implementation, operation, 
or maintenance of a program or project that increases resilience to 
natural hazards and extreme weather events, or reduces cybersecurity 
vulnerabilities, through--
 ``(1) the conservation of water or the enhancement of water-
 use efficiency;
 ``(2) the modification or relocation of existing drinking 
 water system infrastructure made, or that is at risk of being, 
 significantly impaired by natural hazards or extreme weather 
 events, including risks to drinking water from flooding;
 ``(3) the design or construction of new or modified 
 desalination facilities to serve existing communities;
 ``(4) the enhancement of water supply through the use of 
 watershed management and source water protection;
 ``(5) the enhancement of energy efficiency or the use and 
 generation of renewable energy in the conveyance or treatment of 
 drinking water;
 ``(6) the development and implementation of measures--
 ``(A) to increase the resilience of the eligible 
 entity to natural hazards and extreme weather events; or
 ``(B) to reduce cybersecurity vulnerabilities;
 ``(7) the conservation of water or the enhancement of a 
 water supply through the implementation of water reuse measures; 
 or
 ``(8) the formation of regional water partnerships to 
 collaboratively address documented water shortages.

``(d) Application.--To seek a grant under the resilience and 
sustainability program, an eligible entity shall submit to the 
Administrator an application at such time, in such manner, and 
containing such information as the Administrator may require, 
including--
 ``(1) <<NOTE: Proposal.>> a proposal of the program or 
 project to be planned, designed, constructed, implemented, 
 operated, or maintained by the eligible entity;
 ``(2) an identification of the natural hazard risks, extreme 
 weather events, or potential cybersecurity vulnerabilities, as 
 applicable, to be addressed by the proposed program or project;
 ``(3) documentation prepared by a Federal, State, regional, 
 or local government agency of the natural hazard risk, potential 
 cybersecurity vulnerability, or risk for extreme weather events 
 to the area where the proposed program or project is to be 
 located;
 ``(4) a description of any recent natural hazards, 
 cybersecurity events, or extreme weather events that have 
 affected the community water system of the eligible entity;
 ``(5) a description of how the proposed program or project 
 would improve the performance of the community water system of 
 the eligible entity under the anticipated natural hazards, 
 cybersecurity vulnerabilities, or extreme weather events; and
 ``(6) an explanation of how the proposed program or project 
 is expected--
 ``(A) to enhance the resilience of the community 
 water system of the eligible entity to the anticipated 
 natural hazards or extreme weather events; or
 ``(B) to reduce cybersecurity vulnerabilities.

that describes the implementation of the resilience and sustainability 
program, which shall include a description of the use and deployment of 
amounts made available to carry out the resilience and sustainability 
program.
 ``(f) Authorization of Appropriations.--
 ``(1) In general.--There is authorized to be appropriated to 
 carry out the resilience and sustainability program $50,000,000 
 for each of fiscal years 2022 through 2026.
 ``(2) Use of funds.--Of the amounts made available under 
 paragraph (1) for grants to eligible entities under the 
 resilience and sustainability program--
 ``(A) 50 percent shall be used to provide grants to 
 eligible entities that serve a population of--
 ``(i) equal to or greater than 10,000; and
 ``(ii) fewer than 100,000; and
 ``(B) 50 percent shall be used to provide grants to 
 eligible entities that serve a population equal to or 
 greater than 100,000.
 ``(3) Administrative costs.--Of the amounts made available 
 under paragraph (1), not more than 2 percent may be used by the 
 Administrator for the administrative costs of carrying out the 
 resilience and sustainability program.''.
SEC. 50108. <<NOTE: 42 USC 300j-19a note.>> NEEDS ASSESSMENT FOR 
 NATIONWIDE RURAL AND URBAN LOW-INCOME 
 COMMUNITY WATER ASSISTANCE.

(b) Study; Report.--
 (1) In general.--The Administrator shall conduct, and submit 
 to Congress a report describing the results of, a study that 
 examines the prevalence throughout the United States of 
 municipalities, public entities, or Tribal governments that--
 (A) are serviced by rural water service providers, 
 medium water service providers, or large water service 
 providers that service a disproportionate percentage, as 
 determined by the Administrator, of qualifying 
 households with need; or
 (B) <<NOTE: Determination.>> as determined by the 
 Administrator, have taken on an unsustainable level of 
 debt due to customer nonpayment for the services 
 provided by a large water service provider, a medium 
 water service provider, or a rural water service 
 provider.
 (2) Affordability inclusions.--The report under paragraph 
 (1) shall include--
 (A) a definition of the term ``affordable access to 
 water services'';
 (B) a description of the criteria used in defining 
 ``affordable access to water services'' under 
 subparagraph (A);
 (C) a definition of the term ``lack of affordable 
 access to water services'';
 (D) a description of the methodology and criteria 
 used in defining ``lack of affordable access to water 
 services'' under subparagraph (C);

(a) Definitions.--In this section:
 (1) Eligible entity.--The term ``eligible entity'' means--
 (A) a municipality, Tribal government, or other 
 entity that--
 (i) owns or operates a community water system, 
 treatment works, or municipal separate storm sewer 
 system; or
 (ii) as determined by the Administrator, has 
 taken on an unsustainable level of debt due to 
 customer nonpayment for the services provided by a 
 community water system, treatment works, or 
 municipal separate storm sewer system; and
 (B) a State exercising primary enforcement 
 responsibility over a rural water service provider under 
 the Safe Drinking Water Act (42 U.S.C. 300f et seq.) or 
 the Federal Water Pollution Control Act (33 U.S.C. 1251 
 et seq.), as applicable.
 (2) Pilot program.--The term ``pilot program'' means the 
 pilot program established by the Administrator under subsection 
 (b)(1).
 (3) Water services needs assessment.--The term ``water 
 services needs assessment'' means the report required under 
 section 50108(b)(1).

Section 220 of the Federal Water Pollution Control Act (33 U.S.C. 
1300) is amended--
 (1) in subsection (b), in the heading, by striking ``In 
 General'' and inserting ``Establishment'';
 (2) in subsection (d)--
 (A) in paragraph (1), by inserting ``construction'' 
 before ``funds'';
 (B) by striking paragraph (2); and
 (C) by redesignating paragraph (3) as paragraph (2);
 (3) by striking subsection (e);
 (4) in subsection (i)--
 (A) in the matter preceding paragraph (1), by 
 striking ``, the following definitions apply''; and
 (B) in paragraph (1), in the first sentence, by 
 striking ``water or wastewater or by treating 
 wastewater'' and inserting ``water, wastewater, or 
 stormwater or by treating wastewater or stormwater for 
 groundwater recharge, potable reuse, or other 
 purposes'';
 (5) in subsection (j)--
 (A) in the first sentence, by striking ``There is'' 
 and inserting the following:
 ``(1) In general.--There is'';
 (B) in paragraph (1) (as so designated), by striking 
 ``a total of $75,000,000 for fiscal years 2002 through 
 2004.

Such sums shall'' and inserting ``$25,000,000 for each 
 of fiscal years 2022 through 2026, to''; and
 (C) by adding at the end the following:
 ``(2) Limitation on use of funds.--Of the amounts made 
 available for grants under paragraph (1), not more than 2 
 percent may be used to pay the administrative costs of the 
 Administrator.''; and
 (6) by redesignating subsections (b), (c), (d), (i), and (j) 
 as subsections (c), (d), (e), (b), and (i), respectively, and 
 moving those subsections so as to appear in alphabetical order.
SEC. 50204. SEWER OVERFLOW AND STORMWATER REUSE MUNICIPAL GRANTS.

``(II) Rural community.--The term 
 `rural community' means a city, town, or 
 unincorporated area that has a 
 population of not more than 10,000 
 inhabitants.
 ``(ii) Allocation.--
 ``(I) In general.--To the extent 
 there are sufficient eligible project 
 applications, the Administrator shall 
 ensure that a State uses not less than 
 25 percent of the amount of the grants 
 made to the State under subsection (a) 
 in a fiscal year to carry out projects 
 in rural communities or financially 
 distressed communities for the purpose 
 of planning, design, and construction 
 of--
 ``(aa) treatment works to 
 intercept, transport, control, 
 treat, or reuse municipal sewer 
 overflows, sanitary sewer 
 overflows, or stormwater; or
 ``(bb) any other measures to 
 manage, reduce, treat, or 
 recapture stormwater or 
 subsurface drainage water 
 eligible for assistance under 
 section 603(c).
 ``(II) Rural communities.--Of the 
 funds allocated under subclause (I) for 
 the purposes described in that 
 subclause, to the extent there are 
 sufficient eligible project 
 applications, the Administrator shall 
 ensure that a State uses not less than 
 60 percent to carry out projects in 
 rural communities.''; and
 (4) in subsection (i)--
 (A) in the second sentence, by striking ``The 
 recommended funding levels'' and inserting the 
 following:
 ``(B) Requirement.--The funding levels recommended 
 under subparagraph (A)(i)'';
 (B) in the first sentence, by striking ``Not later'' 
 and inserting the following:
 ``(1) Periodic reports.--
 ``(A) In general.--Not later'';
 (C) in paragraph (1)(A) (as so designated)--
 (i) by striking the period at the end and 
 inserting ``; and'';
 (ii) by striking ``containing recommended'' 
 and inserting the following: ``containing--
 ``(i) recommended''; and
 (iii) by adding at the end the following:
 ``(ii) a description of the extent to which 
 States pass costs associated with the non-Federal 
 share requirements under subsection (d) to local 
 communities, with a focus on rural communities and 
 financially distressed communities (as those terms 
 are defined in subsection (f)(2)(B)(i)).''; and
 (D) by adding at the end the following:
 ``(2) Use of funds.--Not later than 2 years after the date 
 of enactment of this paragraph, the Administrator shall submit 
 to the Committee on Environment and Public Works of the Senate 
 and the Committee on Transportation and Infrastructure of the 
 House of Representatives a report that describes the 
 implementation of the grant program under this section,

which shall include a description of the grant recipients, 
 sources of funds for non-Federal share requirements under 
 subsection (d), and grant amounts made available under the 
 program.''.
SEC. 50205. CLEAN WATER INFRASTRUCTURE RESILIENCY AND 
 SUSTAINABILITY PROGRAM.

Title II of the Federal Water Pollution Control Act (33 U.S.C. 1281 
et seq.) (as amended by section 50202) is amended by adding at the end 
the following:
``SEC. 223. <<NOTE: 33 USC 1302a.>> CLEAN WATER INFRASTRUCTURE 
 RESILIENCY AND SUSTAINABILITY PROGRAM.

``(a) Definitions.--In this section:
 ``(1) Eligible entity.--The term `eligible entity' means--
 ``(A) a municipality; or
 ``(B) an intermunicipal, interstate, or State 
 agency.
 ``(2) Natural hazard.--The term `natural hazard' means a 
 hazard caused by natural forces, including extreme weather 
 events, sea-level rise, and extreme drought conditions.
 ``(3) Program.--The term `program' means the clean water 
 infrastructure resilience and sustainability program established 
 under subsection (b).

``(b) <<NOTE: Grants.>> Establishment.--Subject to the availability 
of appropriations, the Administrator shall establish a clean water 
infrastructure resilience and sustainability program under which the 
Administrator shall award grants to eligible entities for the purpose of 
increasing the resilience of publicly owned treatment works to a natural 
hazard or cybersecurity vulnerabilities.

``(c) Use of Funds.--An eligible entity that receives a grant under 
the program shall use the grant funds for planning, designing, or 
constructing projects (on a system-wide or area-wide basis) that 
increase the resilience of a publicly owned treatment works to a natural 
hazard or cybersecurity vulnerabilities through--
 ``(1) the conservation of water;
 ``(2) the enhancement of water use efficiency;
 ``(3) the enhancement of wastewater and stormwater 
 management by increasing watershed preservation and protection, 
 including through the use of--
 ``(A) natural and engineered green infrastructure; 
 and
 ``(B) reclamation and reuse of wastewater and 
 stormwater, such as aquifer recharge zones;
 ``(4) the modification or relocation of an existing publicly 
 owned treatment works, conveyance, or discharge system component 
 that is at risk of being significantly impaired or damaged by a 
 natural hazard;
 ``(5) the development and implementation of projects to 
 increase the resilience of publicly owned treatment works to a 
 natural hazard or cybersecurity vulnerabilities, as applicable; 
 or
 ``(6) the enhancement of energy efficiency or the use and 
 generation of recovered or renewable energy in the management, 
 treatment, or conveyance of wastewater or stormwater.

Section 4304 of the America's Water Infrastructure Act of 2018 (42 
U.S.C. 300j-19e) is amended--
 (1) in subsection (a)(3)--
 (A) in subparagraph (A), by inserting ``Tribal,'' 
 after ``State,''; and
 (B) in subparagraph (B), by striking ``community-
 based organizations'' and all that follows through the 
 period at the end and inserting the following: 
 ``community-based organizations and public works 
 departments or agencies to align water and wastewater 
 utility workforce recruitment efforts, training 
 programs, retention efforts, and community resources 
 with water and wastewater utilities--
 ``(i) to accelerate career pipelines;
 ``(ii) to ensure the sustainability of the 
 water and wastewater utility workforce; and
 ``(iii) to provide access to workforce 
 opportunities.'';
 (2) in subsection (b)--
 (A) in paragraph (1)--
 (i) by striking subparagraph (B);
 (ii) in subparagraph (A), by striking ``; 
 and'' at the end and inserting ``, which may 
 include--''
 (iii) in the matter preceding subparagraph 
 (A), by striking ``program--'' and all that 
 follows through ``to assist'' in subparagraph (A) 
 and inserting ``program to assist''; and
 (iv) by adding at the end the following:
 ``(A) expanding the use and availability of 
 activities and resources that relate to the recruitment, 
 including the promotion of diversity within that 
 recruitment, of individuals to careers in the water and 
 wastewater utility sector;
 ``(B) expanding the availability of training 
 opportunities for--
 ``(i) individuals entering into the water and 
 wastewater utility sector; and
 ``(ii) individuals seeking to advance careers 
 within the water and wastewater utility sector; 
 and
 ``(C) expanding the use and availability of 
 activities and strategies, including the development of 
 innovative activities and strategies, that relate to the 
 maintenance and retention of a sustainable workforce in 
 the water and wastewater utility sector.'';
 (B) in paragraph (2)--
 (i) in the matter preceding subparagraph (A), 
 by striking ``institutions--'' and inserting 
 ``institutions, or public works departments and 
 agencies--''; and
 (ii) in subparagraph (A)--
 (I) by striking clauses (ii) and 
 (iii);
 (II) in clause (i), by adding ``or'' 
 at the end;
 (III) by redesignating clause (i) as 
 clause (ii);
 (IV) by inserting before clause (ii) 
 (as so redesignated) the following:
 ``(i) in the development of educational or 
 recruitment materials and activities, including 
 those materials and activities that specifically 
 promote diversity

within recruitment, for the water and wastewater 
 utility workforce;''; and
 (V) by adding at the end the 
 following:
 ``(iii) developing activities and strategies 
 that relate to the maintenance and retention of a 
 sustainable workforce in the water and wastewater 
 utility sector; and'';
 (C) in paragraph (3)--
 (i) in subparagraph (D)(ii), by inserting ``or 
 certification'' after ``training''; and
 (ii) in subparagraph (E), by striking ``ensure 
 that incumbent water and waste water utilities 
 workers'' and inserting ``are designed to retain 
 incumbent water and wastewater utility workforce 
 workers by ensuring that those workers''; and
 (D) by striking paragraph (4) and inserting the 
 following:
 ``(4) Working group; report.--
 ``(A) <<NOTE: Coordination.>> In general.--The 
 Administrator shall establish and coordinate a Federal 
 interagency working group to address recruitment, 
 training, and retention challenges in the water and 
 wastewater utility workforce, which shall include 
 representatives from--
 ``(i) the Department of Education;
 ``(ii) the Department of Labor;
 ``(iii) the Department of Agriculture;
 ``(iv) the Department of Veterans Affairs; and
 ``(v) other Federal agencies, as determined to 
 be appropriate by the Administrator.
 ``(B) <<NOTE: Coordination.>> Report.--Not later 
 than 2 years after the date of enactment of this 
 subparagraph, the Administrator, in coordination with 
 the working group established under subparagraph (A), 
 shall submit to Congress a report describing potential 
 solutions to recruitment, training, and retention 
 challenges in the water and wastewater utility 
 workforce.
 ``(C) Consultation.--In carrying out the duties of 
 the working group established under subparagraph (A), 
 the working group shall consult with State operator 
 certification programs.
 ``(5) Authorization of appropriations.--There is authorized 
 to be appropriated to carry out this subsection $5,000,000 for 
 each of fiscal years 2022 through 2026.'';
 (3) by redesignating subsections (a) and (b) as subsections 
 (b) and (c), respectively; and
 (4) by inserting before subsection (b) (as so redesignated) 
 the following:

(e) Authorization of Appropriations.--
 (1) In general.--There is authorized to be appropriated to 
 carry out this section (except for subsection (b)) $10,000,000 
 for each of fiscal years 2022 through 2026.
 (2) Limitation on use of funds.--Of the amounts made 
 available for grants under paragraph (1), not more than 2 
 percent may be used to pay the administrative costs of the 
 Administrator.
SEC. 50218. WATER REUSE INTERAGENCY WORKING GROUP.

(a) <<NOTE: Deadline. Establishment.>> In General.--Not later than 
180 days after the date of enactment of this Act, the Administrator 
shall establish a Water Reuse Interagency Working Group (referred to in 
this section as the ``Working Group'').

(b) <<NOTE: Coordination.>> Purpose.--The purpose of the Working 
Group is to develop and coordinate actions, tools, and resources to 
advance water reuse across the United States, including through the 
implementation of the February 2020 National Water Reuse Action Plan, 
which creates opportunities for water reuse in the mission areas of each 
of the Federal agencies included in the Working Group under subsection 
(c) (referred to in this section as the ``Action Plan'').

(d) Duties of the Working Group.--In carrying out this section, the 
Working Group shall--
 (1) with respect to water reuse, leverage the expertise of 
 industry, the research community, nongovernmental organizations, 
 and government;
 (2) seek to foster water reuse as an important component of 
 integrated water resources management;
 (3) conduct an assessment of new opportunities to advance 
 water reuse and annually update the Action Plan with new 
 actions, as necessary, to pursue those opportunities;
 (4) seek to coordinate Federal programs and policies to 
 support the adoption of water reuse;
 (5) consider how each Federal agency can explore and 
 identify opportunities to support water reuse through the 
 programs and activities of that Federal agency; and
 (6) consult, on a regular basis, with representatives of 
 relevant industries, the research community, and nongovernmental 
 organizations.

(ee) any amendment made by 
 an Act described in any of items 
 (aa) through (dd); and
 (II) for the purpose of deployment 
 of broadband service, as described in 
 the applicable provision of law 
 described in subclause (I).
 (C) Definition.--For purposes of this paragraph, the 
 term ``Federal regional commission or authority'' 
 means--
 (i) the Appalachian Regional Commission;
 (ii) the Delta Regional Authority;
 (iii) the Denali Commission; and
 (iv) the Northern Border Regional Commission.
 (4) Deployment and provision of service requirements.--An 
 entity that receives a subgrant under subsection (f)(1) for the 
 deployment of a broadband network--
 (A) in providing broadband service using the 
 network--
 (i) shall provide broadband service--
 (I) at a speed of not less than 100 
 megabits per second for downloads and 20 
 megabits per second for uploads;
 (II) with a latency that is 
 sufficiently low to allow reasonably 
 foreseeable, real-time, interactive 
 applications; and
 (III) <<NOTE: Time period.>> with 
 network outages that do not exceed, on 
 average, 48 hours over any 365-day 
 period; and
 (ii) shall provide access to broadband service 
 to each customer served by the project that 
 desires broadband service;
 (B) shall offer not less than 1 low-cost broadband 
 service option for eligible subscribers, as those terms 
 are defined in paragraph (5) of this subsection;
 (C) <<NOTE: Deadline.>> shall deploy the broadband 
 network and begin providing broadband service to each 
 customer that desires broadband service not later than 4 
 years after the date on which the entity receives the 
 subgrant, except that an eligible entity may extend the 
 deadline under this subparagraph if--
 (i) the eligible entity has a plan for use of 
 the grant funds;
 (ii) the construction project is underway; or
 (iii) extenuating circumstances require an 
 extension of time to allow the project to be 
 completed;
 (D) for any project that involves laying fiber optic 
 cables or conduit underground or along a roadway, shall 
 include interspersed conduit access points at regular 
 and short intervals;
 (E) may use the subgrant to deploy broadband 
 infrastructure in or through any area required to reach 
 interconnection points or otherwise to ensure the 
 technical feasibility and financial sustainability of a 
 project providing broadband service to an unserved 
 location, underserved location, or eligible community 
 anchor institution;
 (F) <<NOTE: Public information. Web posting.>> once 
 the network has been deployed, shall provide public 
 notice, online and through other means, of that fact to 
 the locations and areas to which broadband service

Section 905 of division N of the Consolidated Appropriations Act, 
2021 (Public Law 116-260) <<NOTE: 47 USC 1305 note, 1705.>> is 
amended--
 (1) in subsection (c)--
 (A) in paragraph (1)(B), by striking ``during the 
 COVID-19 pandemic'';
 (B) in paragraph (4)--
 (i) in subparagraph (A)--
 (I) in clause (i), by striking ``180 
 days after receiving grant funds'' and 
 inserting ``18 months after receiving an 
 allocation of funds pursuant to a 
 specific grant award''; and
 (II) in clause (ii), by striking 
 ``revert to the general fund of the 
 Treasury'' and inserting ``be made 
 available to other eligible entities for 
 the purposes provided in this 
 subsection'';
 (ii) in subparagraph (B)--
 (I) in clause (i), by striking ``1 
 year after receiving grant funds'' and 
 inserting ``4 years after receiving an 
 allocation of funds pursuant to a 
 specific grant award'';
 (II) by redesignating clause (iii) 
 as clause (iv); and
 (III) by inserting after clause (ii) 
 the following:
 ``(iii) Extensions for other projects.--The 
 Assistant Secretary may, for good cause shown, 
 extend the period under clause (i) for an eligible 
 entity that proposes to use the grant funds for an 
 eligible use other than construction of broadband 
 infrastructure, based on a detailed showing by the 
 eligible entity of the need for an extension.''; 
 and
 (iii) by adding at the end the following:
 ``(C) <<NOTE: Applicability.>> Multiple grant 
 awards.--If the Assistant Secretary awards multiple 
 grants to an eligible entity under this subsection, the 
 deadlines under subparagraphs (A) and (B) shall apply 
 individually to each grant award.''; and
 (C) by striking paragraph (6) and inserting the 
 following:
 ``(6) Administrative expenses of eligible entities.--
 ``(A) In general.--Except as provided in 
 subparagraph (B), an eligible entity may use not more 
 than 2 percent of grant funds received under this 
 subsection for administrative purposes.
 ``(B) Broadband infrastructure projects.--An 
 eligible entity that proposes to use grant funds for the 
 construction of broadband infrastructure may use an 
 amount of the grant funds equal to not more than 2.5 
 percent of the total project cost for planning, 
 feasibility, and sustainability studies related to the 
 project.''; and
 (2) in subsection (e), by adding at the end the following:
 ``(6) Additional appropriations for tribal broadband 
 connectivity program.--

(c) Middle Mile Grants.--The Assistant Secretary shall establish a 
program under which the Assistant Secretary makes grants on a 
technology-neutral, competitive basis to eligible entities for the 
construction, improvement, or acquisition of middle mile infrastructure.
 (d) Applications for Grants.--
 (1) In general.--The Assistant Secretary shall establish an 
 application process for middle mile grants in accordance with 
 this subsection.
 (2) Evaluation of applications.--In establishing an 
 application process for middle mile grants under paragraph (1), 
 the Assistant Secretary shall give priority to an application 
 from an eligible entity that satisfies 2 or more of the 
 following conditions:
 (A) The eligible entity adopts fiscally sustainable 
 middle mile strategies.
 (B) The eligible entity commits to offering non-
 discriminatory interconnect to terrestrial and wireless 
 last mile broadband providers and any other party making 
 a bona fide request.
 (C) The eligible entity identifies specific 
 terrestrial and wireless last mile broadband providers 
 that have--
 (i) expressed written interest in 
 interconnecting with middle mile infrastructure 
 planned to be deployed by the eligible entity; and
 (ii) demonstrated sustainable business plans 
 or adequate funding sources with respect to the 
 interconnect described in clause (i).
 (D) The eligible entity has identified supplemental 
 investments or in-kind support (such as waived franchise 
 or permitting fees) that will accelerate the completion 
 of the planned project.

TITLE IV--RECYCLING PRACTICES

SEC. 70401. <<NOTE: 42 USC 6966c.>> BEST PRACTICES FOR BATTERY 
 RECYCLING AND LABELING GUIDELINES.

(a) Definitions.--In this section:
 (1) Administrator.--The term ``Administrator'' means the 
 Administrator of the Environmental Protection Agency.
 (2) Battery.--The term ``battery'' means a device that--
 (A) consists of 1 or more electrochemical cells that 
 are electrically connected; and
 (B) is designed to store and deliver electric 
 energy.
 (3) Recycling.--The term ``recycling'' means the series of 
 activities--
 (A) during which recyclable materials are processed 
 into specification-grade commodities, and consumed as 
 raw-material feedstock, in lieu of virgin materials, in 
 the manufacturing of new products;
 (B) that may include collection, processing, and 
 brokering; and
 (C) that result in subsequent consumption by a 
 materials manufacturer, including for the manufacturing 
 of new products.

(b) Best Practices for Collection of Batteries to Be Recycled.--
 (1) In general.--The Administrator shall develop best 
 practices that may be implemented by State, Tribal, and local 
 governments with respect to the collection of batteries to be 
 recycled in a manner that--
 (A) to the maximum extent practicable, is 
 technically and economically feasible for State, Tribal, 
 and local governments;
 (B) is environmentally sound and safe for waste 
 management workers; and
 (C) optimizes the value and use of material derived 
 from recycling of batteries.
 (2) <<NOTE: Coordination.>> Consultation.--The 
 Administrator shall develop the best practices described in 
 paragraph (1) in coordination with State, Tribal, and local 
 governments and relevant nongovernmental and private sector 
 entities.
 (3) Report.--Not later than 2 years after the date of 
 enactment of this Act, the Administrator shall submit to 
 Congress a report describing the best practices developed under 
 paragraph (1).
 (4) <<NOTE: Time period.>> Authorization of 
 appropriations.--There is authorized to be appropriated to the 
 Administrator to carry out this

(c) Voluntary Labeling Guidelines.--
 (1) In general.--There is established within the 
 Environmental Protection Agency a program (referred to in this 
 subsection as the ``program'') to promote battery recycling 
 through the development of--
 (A) voluntary labeling guidelines for batteries; and
 (B) other forms of communication materials for 
 battery producers and consumers about the reuse and 
 recycling of critical materials from batteries.
 (2) Purposes.--The purposes of the program are to improve 
 battery collection and reduce battery waste, including by--
 (A) identifying battery collection locations and 
 increasing accessibility to those locations;
 (B) promoting consumer education about battery 
 collection and recycling; and
 (C) reducing safety concerns relating to the 
 improper disposal of batteries.
 (3) Other standards and law.--The Administrator shall make 
 every reasonable effort to ensure that voluntary labeling 
 guidelines and other forms of communication materials developed 
 under the program are consistent with--
 (A) international battery labeling standards; and
 (B) the Mercury-Containing and Rechargeable Battery 
 Management Act (42 U.S.C. 14301 et seq.).
 (4) <<NOTE: Time period.>> Authorization of 
 appropriations.--There is authorized to be appropriated to the 
 Administrator to carry out this subsection $15,000,000 for 
 fiscal year 2022, to remain available until September 30, 2026.
SEC. 70402. <<NOTE: 42 USC 6966d.>> CONSUMER RECYCLING EDUCATION 
 AND OUTREACH GRANT PROGRAM; FEDERAL 
 PROCUREMENT.

(a) Definition of Administrator.--In this section, the term 
``Administrator'' means the Administrator of the Environmental 
Protection Agency.
 (b) Consumer Recycling Education and Outreach Grant Program.--
 (1) In general.--The Administrator shall establish a program 
 (referred to in this subsection as the ``grant program'') to 
 award competitive grants to eligible entities to improve the 
 effectiveness of residential and community recycling programs 
 through public education and outreach.
 (2) Criteria.--The Administrator shall award grants under 
 the grant program for projects that, by using one or more 
 eligible activities described in paragraph (5)--
 (A) inform the public about residential or community 
 recycling programs;
 (B) provide information about the recycled materials 
 that are accepted as part of a residential or community 
 recycling program that provides for the separate 
 collection of residential solid waste from recycled 
 material; and
 (C) increase collection rates and decrease 
 contamination in residential and community recycling 
 programs.
 (3) Eligible entities.--
 (A) In general.--An entity that is eligible to 
 receive a grant under the grant program is--

(i) a State;
 (ii) a unit of local government;
 (iii) an Indian Tribe (as defined in section 4 
 of the Indian Self-Determination and Education 
 Assistance Act (25 U.S.C. 5304));
 (iv) a Native Hawaiian organization (as 
 defined in section 6207 of the Elementary and 
 Secondary Education Act of 1965 (20 U.S.C. 7517));
 (v) the Department of Hawaiian Home Lands;
 (vi) the Office of Hawaiian Affairs;
 (vii) a nonprofit organization; or
 (viii) a public-private partnership.
 (B) Coordination of activities.--2 or more entities 
 described in subparagraph (A) may receive a grant under 
 the grant program to coordinate the provision of 
 information to residents that may access 2 or more 
 residential recycling programs, including programs that 
 accept different recycled materials, to provide to the 
 residents information regarding differences among those 
 residential recycling programs.
 (4) Requirement.--
 (A) In general.--To receive a grant under the grant 
 program, an eligible entity shall demonstrate to the 
 Administrator that the grant funds will be used to 
 encourage the collection of recycled materials that are 
 sold to an existing or developing market.
 (B) Business plans and financial data.--
 (i) In general.--An eligible entity may make a 
 demonstration under subparagraph (A) through the 
 submission to the Administrator of appropriate 
 business plans and financial data.
 (ii) Confidentiality.--The Administrator shall 
 treat any business plans or financial data 
 received under clause (i) as confidential 
 information.
 (5) Eligible activities.--An eligible entity that receives a 
 grant under the grant program may use the grant funds for 
 activities including--
 (A) public service announcements;
 (B) a door-to-door education and outreach campaign;
 (C) social media and digital outreach;
 (D) an advertising campaign on recycling awareness;
 (E) the development and dissemination of--
 (i) a toolkit for a municipal and commercial 
 recycling program;
 (ii) information on the importance of quality 
 in the recycling stream;
 (iii) information on the economic and 
 environmental benefits of recycling; and
 (iv) information on what happens to materials 
 after the materials are placed into a residential 
 or community recycling program;
 (F) businesses recycling outreach;
 (G) bin, cart, and other receptacle labeling and 
 signs; and
 (H) <<NOTE: Determination.>> such other activities 
 that the Administrator determines are appropriate to 
 carry out the purposes of this subsection.

(6) Prohibition on use of funds.--No funds may be awarded 
 under the grant program for a residential recycling program 
 that--
 (A) does not provide for the separate collection of 
 residential solid waste (as defined in section 246.101 
 of title 40, Code of Federal Regulations (as in effect 
 on the date of enactment of this Act)) from recycled 
 material (as defined in that section), unless the funds 
 are used to promote a transition to a system that 
 separately collects recycled materials; or
 (B) promotes the establishment of, or conversion to, 
 a residential collection system that does not provide 
 for the separate collection of residential solid waste 
 from recycled material (as those terms are defined under 
 subparagraph (A)).
 (7) Model recycling program toolkit.--
 (A) <<NOTE: Consultation.>> In general.--In 
 carrying out the grant program, the Administrator, in 
 consultation with other relevant Federal agencies, 
 States, Indian Tribes, units of local government, 
 nonprofit organizations, and the private sector, shall 
 develop a model recycling program toolkit for States, 
 Indian Tribes, and units of local government that 
 includes, at a minimum--
 (i) a standardized set of terms and examples 
 that may be used to describe materials that are 
 accepted by a residential recycling program;
 (ii) information that the Administrator 
 determines can be widely applied across 
 residential recycling programs, taking into 
 consideration the differences in recycled 
 materials accepted by residential recycling 
 programs;
 (iii) educational principles on best practices 
 for the collection and processing of recycled 
 materials;
 (iv) a community self-assessment guide to 
 identify gaps in existing recycling programs;
 (v) training modules that enable States and 
 nonprofit organizations to provide technical 
 assistance to units of local government;
 (vi) access to consumer educational materials 
 that States, Indian Tribes, and units of local 
 government can adapt and use in recycling 
 programs; and
 (vii) a guide to measure the effectiveness of 
 a grant received under the grant program, 
 including standardized measurements for recycling 
 rates and decreases in contamination.
 (B) Requirement.--In developing the standardized set 
 of terms and examples under subparagraph (A)(i), the 
 Administrator may not establish any requirements for--
 (i) what materials shall be accepted by a 
 residential recycling program; or
 (ii) the labeling of products.
 (8) School curriculum.--The Administrator shall provide 
 assistance to the educational community, including nonprofit 
 organizations, such as an organization the science, technology, 
 engineering, and mathematics program of which incorporates 
 recycling, to promote the introduction of recycling principles 
 and best practices into public school curricula.

(9) Reports.--
 (A) To the administrator.--Not earlier than 180 
 days, and not later than 2 years, after the date on 
 which a grant under the grant program is awarded to an 
 eligible entity, the eligible entity shall submit to the 
 Administrator a report describing, by using the guide 
 developed under paragraph (7)(A)(vii)--
 (i) the change in volume of recycled material 
 collected through the activities funded with the 
 grant;
 (ii) the change in participation rate of the 
 recycling program funded with the grant;
 (iii) the reduction of contamination in the 
 recycling stream as a result of the activities 
 funded with the grant; and
 (iv) <<NOTE: Determination.>> such other 
 information as the Administrator determines to be 
 appropriate.
 (B) To congress.--The Administrator shall submit to 
 Congress an annual report describing--
 (i) the effectiveness of residential recycling 
 programs awarded funds under the grant program, 
 including statistics comparing the quantity and 
 quality of recycled materials collected by those 
 programs, as described in the reports submitted to 
 the Administrator under subparagraph (A); and
 (ii) recommendations on additional actions to 
 improve residential recycling.

(c) Federal Procurement.--Section 6002 of the Solid Waste Disposal 
Act (42 U.S.C. 6962) is amended--
 (1) <<NOTE: Time periods.>> in subsection (e), in the 
 matter preceding paragraph (1), by striking ``and from time to 
 time, revise'' and inserting ``review not less frequently than 
 once every 5 years, and, if appropriate, revise, in consultation 
 with recyclers and manufacturers of products containing recycled 
 content, not later than 2 years after the completion of the 
 initial review after the date of enactment of the Infrastructure 
 Investment and Jobs Act and thereafter, as appropriate''; and
 (2) by adding at the end the following:

``(k) <<NOTE: Consultation.>> Reports.--The Administrator, in 
consultation with the Administrator of General Services, shall submit to 
Congress an annual report describing--
 ``(1) the quantity of federally procured recycled products 
 listed in the guidelines under subsection (e); and
 ``(2) with respect to the products described in paragraph 
 (1), the percentage of recycled material in each product.''.

in order to ensure the sustainment and expansion of personal protective 
equipment manufacturing in the United States and meet the needs of the 
current pandemic response, any contract for the procurement of personal 
protective equipment entered into by a covered Secretary, or a covered 
Secretary's designee, shall--
 (1) <<NOTE: Time period.>> be issued for a duration of at 
 least 2 years, plus all option periods necessary, to incentivize 
 investment in the production of personal protective equipment 
 and the materials and components thereof in the United States; 
 and
 (2) be for personal protective equipment, including the 
 materials and components thereof, that is grown, reprocessed, 
 reused, or produced in the United States.

(c) Alternatives to Domestic Production.--The requirement under 
subsection (b) shall not apply to an item of personal protective 
equipment, or component or material thereof if, after maximizing to the 
extent feasible sources consistent with subsection (b), the covered 
Secretary--
 (1) maximizes sources for personal protective equipment that 
 is assembled outside the United States containing only materials 
 and components that are grown, reprocessed, reused, or produced 
 in the United States; and
 (2) <<NOTE: Certification. Time period.>> certifies every 
 120 days that it is necessary to procure personal protective 
 equipment under alternative procedures to respond to the 
 immediate needs of a public health emergency.

(d) Availability Exception.--
 (1) In general.--Subsections (b) and (c) shall not apply to 
 an item of personal protective equipment, or component or 
 material thereof--
 (A) that is, or that includes, a material listed in 
 section 25.104 of the Federal Acquisition Regulation as 
 one for which a non-availability determination has been 
 made; or
 (B) <<NOTE: Determination.>> as to which the 
 covered Secretary determines that a sufficient quantity 
 of a satisfactory quality that is grown, reprocessed, 
 reused, or produced in the United States cannot be 
 procured as, and when, needed at United States market 
 prices.
 (2) <<NOTE: Time period.>> Certification requirement.--The 
 covered Secretary shall certify every 120 days that the 
 exception under paragraph (1) is necessary to meet the immediate 
 needs of a public health emergency.

(b) Asset Recycling Report.--Not later than August 1, 2024, the 
Secretary shall submit to Congress a report that includes--
 (1) <<NOTE: Analysis.>> an analysis of any impediments in 
 applicable laws, regulations, and practices to increased use of 
 public-private partnerships and private investment in 
 transportation improvements; and
 (2) <<NOTE: Proposals.>> proposals for approaches that 
 address those impediments while continuing to protect the public 
 interest and any public investment in transportation 
 improvements.

``(1) In general.--For purposes of subsection (a)(17), the 
 term `qualified carbon dioxide capture facility' means--
 ``(A) the eligible components of an industrial 
 carbon dioxide facility, and
 ``(B) a direct air capture facility (as defined in 
 section 45Q(e)(1)).
 ``(2) Definitions.--For purposes of this subsection:
 ``(A) Eligible component.--
 ``(i) In general.--The term `eligible 
 component' means any equipment which is installed 
 in an industrial carbon dioxide facility that 
 satisfies the requirements under paragraph (3) and 
 which is--
 ``(I) used for the purpose of 
 capture, treatment and purification, 
 compression, transportation, or on-site 
 storage of carbon dioxide produced by 
 the industrial carbon dioxide facility, 
 or
 ``(II) integral or functionally 
 related and subordinate to a process 
 which converts a solid or liquid product 
 from coal, petroleum residue, biomass, 
 or other materials which are recovered 
 for their energy or feedstock value into 
 a synthesis gas composed primarily of 
 carbon dioxide and hydrogen for direct 
 use or subsequent chemical or physical 
 conversion.
 ``(ii) Definitions.--For purposes of this 
 subparagraph--
 ``(I) Biomass.--
 ``(aa) In general.--The term 
 `biomass' means any--
 ``(AA) agricultural or 
 plant waste,
 ``(BB) byproduct of wood 
 or paper mill operations, 
 including lignin in spent 
 pulping liquors, and
 ``(CC) other products of 
 forestry maintenance.
 ``(bb) Exclusion.--The term 
 `biomass' does not include paper 
 which is commonly recycled.
 ``(II) Coal.--The term `coal' means 
 anthracite, bituminous coal, 
 subbituminous coal, lignite, and peat.
 ``(B) Industrial carbon dioxide facility.--
 ``(i) In general.--Except as provided in 
 clause (ii), the term `industrial carbon dioxide 
 facility' means a facility that emits carbon 
 dioxide (including from any fugitive emissions 
 source) that is created as a result of any of the 
 following processes:
 ``(I) Fuel combustion.
 ``(II) Gasification.
 ``(III) Bioindustrial.
 ``(IV) Fermentation.
 ``(V) Any manufacturing industry 
 relating to--
 ``(aa) chemicals,
 ``(bb) fertilizers,
 ``(cc) glass,
 ``(dd) steel,
 ``(ee) petroleum residues,