Sec. 3511. PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
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## SEC. 3511 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM ###
(a)Port Infrastructure Development Grants ####
(1)In general In making port infrastructure development grants under section 54301 of title 46, United States Code, for fiscal year 2025 using funds appropriated after the date of the enactment of this Act, the Secretary of Transportation shall treat a project described in paragraph
(2)as— #####
(A)having met the requirements of paragraphs
(1)and (6)(A)(i) of section 54301(a) of such title; and #####
(B)an eligible project under paragraph
(3)of such section. ####
(2)Project described A project described in this paragraph is a project to provide shore power at a port that services— #####
(A)passenger vessels described in section 3507(k) of title 46, United States Code; and #####
(B)vessels that move goods or freight. ####
(3)Modification to port definition Section 54301(a)(12)(A)(ii) of title 46, United States Code, is amended by striking “inland waters” and inserting “inland waters (including the Great Lakes)”. ###
(b)Consistency ####
(1)In general Chapter 505 of subtitle V of title 46, United States Code, is amended by adding at the end the following: > > ## “SEC. 50505 Consistent approval of existing categorical exclusions > > “In accordance with section 139 of title 23, the Maritime Administrator may approve any action qualifying as a categorical exclusion applicable to the Federal Highway Administration, the Federal Transit Administration, or the Federal Railroad Administration when the applicable requirements of that categorical exclusion have been met that are in compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and any other applicable law. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law.” > . ####
(2)Clerical amendment The table of sections at the beginning of chapter 505 of such title is amended by inserting after the item relating to section 50504 the following new item:" “50505. Consistent approval of existing categorical exclusions.” ". ###
(c)Establishing Applicable Categorical Exclusions ####
(1)In general Not later than 1 year after the date of enactment of this section, the Maritime Administrator shall issue a notice in the Federal Register including the categorical exclusions in use as of the date of enactment of this section by the Maritime Administration for actions or projects the Maritime Administration oversees. The Maritime Administrator may subsequently update such categorical exclusions. Nothing in this section shall be interpreted to limit any existing authority of the Maritime Administration to approve, promulgate, or publish categorical exclusions consistent with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) or any other applicable law. ####
(2)Survey and proposed rulemaking Not later than 1 year after the date of enactment of this section, the Maritime Administrator shall— #####
(A)survey the use of categorical exclusions by the Maritime Administration with respect to projects initiated during or after 2015; #####
(B)publish on a public website the results of that survey, which shall include a description of the types of actions categorically excluded and any additional categorical exclusions that were legally available to the Maritime Administrator from other operating administrations and the Department of the Army but were or were not adopted; and #####
(C)publish a notice of proposed rulemaking to propose new Maritime Administration categorical exclusions for projects and a process by which the Maritime Administration will update the list of categorical exclusions to reflect lessons learned in grant administration and project construction. ####
(3)Definitions In this subsection: #####
(A)Categorical exclusions The term “categorical exclusion” has the meaning given the term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). #####
(B)Project The term “project” means an eligible project as described in section 54301(a)(3) of title 46, United States Code. ###
(d)Application Timelines Section 54301(a)(5) of title 46, United States Code, is amended by adding at the end the following: > > ##### “(C) Delayed notice of funding opportunity > > If the Secretary amends a published solicitation for grant applications such that an applicant would need the information contained in the amendment to draft an application, other than an amendment of the amount of grant funding available, the Secretary shall extend the application deadline by the number of days between the initial solicitation and the amendment.” > . ###
(e)Project Budget Reviews Section 54301(a)(9) of title 46, United States Code, is amended— ####
(1)in subparagraph
(B)by striking “and” at the end; ####
(2)in subparagraph
(C)by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following: > > ##### “(D) > > grant contracts are approved efficiently by the Secretary, minimizing delays for minor adjustments to project scopes and budgets, including due to inflationary effects on projects.” > . ###
(f)Application Process Section 54301(a)(5)(A) of title 46, United States Code, is amended— ####
(1)by striking “ To be eligible ” and inserting the following: > > ###### “(i) In general > > To be eligible” > ; and ####
(2)by adding at the end the following: > > ###### “(ii) Ensuring cybersecurity > > If a covered applicant for a grant under this subsection is applying to use the grant to acquire digital infrastructure or a software component, such applicant shall— > > > ###### “(I) > > certify the facility for which a covered applicant is applying for a grant has an approved facility security plan pursuant to section 70103(c) of this title that addresses the cybersecurity risks of such digital infrastructure or software component; or > > > ###### “(II) > > if the approved facility security plan of a facility for which a covered applicant is applying for a grant does not address such cybersecurity risks, provide a brief description in the application of how such applicant will address the cybersecurity risks of such digital infrastructure or software component. > > > ###### “(iii) Update of facility security plan > > If the approved facility security plan required under section 70103(c) of this title of a facility for which a covered applicant is applying for a grant under this subsection does not address the cybersecurity risks of digital infrastructure or a software component to be acquired by such grant and such applicant provides a brief description to address such cybersecurity risks under clause (ii)(II), the covered applicant shall ensure that such security plan is updated to address the cybersecurity risks described in clause (ii)(II) in the next update required under paragraph (3)(G) of such section. > > > ###### “(iv) Covered applicant defined > > In this paragraph, the term ‘covered applicant’ means an applicant under this subsection that is not otherwise eligible under subsection (b).” > . ###
(g)Staffing and Grant Timelines Not later than 365 days after the date of the enactment of this section, and for each of the next 5 years thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report on the average length of grant obligation timelines for the Port Infrastructure Development Program under section 54301 of title 46, United States Code, and the nature of any staffing shortages relevant to administering such program.
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