49 U.S.C. § 116 — National Surface Transportation and Inno-

Page 83 TITLE 49—TRANSPORTATION § 116 1 So in original. The word ‘‘information’’ probably should be in- serted. 2 See References in Text note below. (F) The Director of National Intelligence, or the Director’s designee. (G) One member appointed by the Presi- dent to represent the National Security Council. (2) CHAIRPERSON.—The Chairperson of the Board shall be the Secretary of Homeland Se- curity. (c) DUTIES.—The Board shall— (1) review and ratify or disapprove any regu- lation or security directive issued by the Ad- ministrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regu- lation or directive; (2) facilitate the coordination of intel- ligence, security, and law enforcement activi- ties affecting transportation; (3) facilitate the sharing of intelligence, se- curity, and law enforcement information af- fecting transportation among Federal agencies and with carriers and other transportation providers as appropriate; (4) explore the technical feasibility of devel- oping a common database of individuals who may pose a threat to transportation or na- tional security; (5) review plans for transportation security; (6) make recommendations to the Adminis- trator regarding matters reviewed under para- graph (5). (d) QUARTERLY MEETINGS.—The Board shall meet at least quarterly. (e) CONSIDERATION OF SECURITY INFORMATION.— A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,1 sensitive security information, or in- formation protected in accordance with section 40119(b),2 will be discussed. (Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115–254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.) Editorial Notes REFERENCES IN TEXT Section 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115–254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627. AMENDMENTS 2018—Subsec. (c)(1). Pub. L. 115–254, § 1991(b)(1), sub- stituted ‘‘Administrator of the Transportation Secu- rity Administration’’ for ‘‘Under Secretary of Trans- portation for security’’. Subsec. (c)(6). Pub. L. 115–254, § 1991(b)(2), substituted ‘‘Administrator’’ for ‘‘Under Secretary’’. 2010—Subsec. (b)(1)(F). Pub. L. 111–259 amended sub- par. (F) generally. Prior to amendment, subpar. (F) read as follows: ‘‘The Director of the Central Intel- ligence Agency, or the Director’s designee.’’ 2002—Subsec. (a). Pub. L. 107–296, § 426(a)(1), sub- stituted ‘‘Department of Homeland Security’’ for ‘‘De- partment of Transportation’’. Subsec. (b)(1). Pub. L. 107–296, § 426(a)(2), added sub- par. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: ‘‘One member appointed by the President to represent the Office of Homeland Secu- rity.’’ Subsec. (b)(2). Pub. L. 107–296, § 426(a)(3), substituted ‘‘Secretary of Homeland Security’’ for ‘‘Secretary of Transportation’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the Transportation Security Administra- tion of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Secu- rity, and for treatment of related references, see sec- tions 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 116. National Surface Transportation and Inno- vative Finance Bureau (a) ESTABLISHMENT.—The Secretary of Trans- portation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department. (b) PURPOSES.—The purposes of the Bureau shall be— (1) to provide assistance and communicate best practices and financing and funding op- portunities to eligible entities for the pro- grams referred to in subsection (d)(1); (2) to administer the application processes for programs within the Department in ac- cordance with subsection (d); (3) to promote innovative financing best practices in accordance with subsection (e); (4) to reduce uncertainty and delays with re- spect to environmental reviews and permit- ting in accordance with subsection (f); and (5) to reduce costs and risks to taxpayers in project delivery and procurement in accord- ance with subsection (g). (c) EXECUTIVE DIRECTOR.— (1) APPOINTMENT.—The Bureau shall be head- ed by an Executive Director, who shall be ap- pointed in the competitive service by the Sec- retary, with the approval of the President. (2) DUTIES.—The Executive Director shall— (A) report to the Under Secretary of Transportation for Policy; (B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau; (C) support the Council on Credit and Fi- nance established under section 117 in ac- cordance with this section; and (D) carry out such additional duties as the Secretary may prescribe. (d) ADMINISTRATION OF CERTAIN APPLICATION PROCESSES.— Page 84 TITLE 49—TRANSPORTATION § 116 (1) IN GENERAL.—The Bureau shall admin- ister the application processes for the fol- lowing programs: (A) The infrastructure finance programs authorized under chapter 6 of title 23. (B) The railroad rehabilitation and im- provement financing program authorized under sections 22401 through 22403. (C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986. (D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation In- vestment Act of 2021. (2) CONGRESSIONAL NOTIFICATION.—The Exec- utive Director shall ensure that the congres- sional notification requirements for each pro- gram referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program. (3) REPORTS.—The Executive Director shall ensure that the reporting requirements for each program referred to in paragraph (1) are followed in accordance with the statutory pro- visions applicable to the program. (4) COORDINATION.—In administering the ap- plication processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the Department and its modal administrations responsible for administering such programs. (5) STREAMLINING APPROVAL PROCESSES.—Not later than 1 year after the date of enactment of this section, the Executive Director shall submit to the Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a report that— (A) evaluates the application processes for the programs referred to in paragraph (1); (B) identifies administrative and legisla- tive actions that would improve the effi- ciency of the application processes without diminishing Federal oversight; and (C) describes how the Executive Director will implement administrative actions iden- tified under subparagraph (B) that do not re- quire an Act of Congress. (6) PROCEDURES AND TRANSPARENCY.— (A) PROCEDURES.—With respect to the pro- grams referred to in paragraph (1), the Exec- utive Director shall— (i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance; (ii) establish procedures for addressing late-arriving applications, as applicable, and communicating the Bureau’s decisions for accepting or rejecting late applications to the applicant and the public; and (iii) document major decisions in the ap- plication evaluation process through a de- cision memorandum or similar mechanism that provides a clear rationale for such de- cisions. (B) REVIEW.— (i) IN GENERAL.—The Comptroller Gen- eral of the United States shall review the compliance of the Executive Director with the requirements of this paragraph. (ii) RECOMMENDATIONS.—The Comptroller General may make recommendations to the Executive Director in order to improve compliance with the requirements of this paragraph. (iii) REPORT.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and In- frastructure of the House of Representa- tives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under clause (i), including findings and rec- ommendations for improvement. (e) INNOVATIVE FINANCING BEST PRACTICES.— (1) IN GENERAL.—The Bureau shall work with the modal administrations within the Depart- ment, eligible entities, and other public and private interests to develop and promote best practices for innovative financing and public- private partnerships. (2) ACTIVITIES.—The Bureau shall carry out paragraph (1)— (A) by making Federal credit assistance programs more accessible to eligible recipi- ents; (B) by providing advice and expertise to el- igible entities that seek to leverage public and private funding; (C) by sharing innovative financing best practices and case studies from eligible enti- ties with other eligible entities that are in- terested in utilizing innovative financing methods; and (D) by developing and monitoring— (i) best practices with respect to stand- ardized State public-private partnership authorities and practices, including best practices related to— (I) accurate and reliable assumptions for analyzing public-private partnership procurements; (II) procedures for the handling of un- solicited bids; (III) policies with respect to noncom- pete clauses; and (IV) other significant terms of public- private partnership procurements, as de- termined appropriate by the Bureau; (ii) standard contracts for the most com- mon types of public-private partnerships for transportation facilities; and (iii) analytical tools and other tech- niques to aid eligible entities in deter- mining the appropriate project delivery model, including a value for money anal- ysis. (3) TRANSPARENCY.—The Bureau shall— (A) ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by— Page 85 TITLE 49—TRANSPORTATION § 116 (i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership; (ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant public-private partnership agreement, to be made publicly available by the project sponsor at an appropriate time; (iii) not later than 3 years after the date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public- private partnership agreement; and (iv) providing a publicly available sum- mary of the total level of Federal assist- ance in such project; and (B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and re- quirements related to public-private part- nerships. (4) SUPPORT TO PROJECT SPONSORS.—At the request of an eligible entity, the Bureau shall provide technical assistance to the eligible en- tity regarding proposed public-private part- nership agreements for transportation facili- ties, including assistance in performing a value for money analysis or comparable anal- ysis. (f) ENVIRONMENTAL REVIEW AND PERMITTING.— (1) IN GENERAL.—The Bureau shall take ac- tions that are appropriate and consistent with the Department’s goals and policies to im- prove the delivery timelines for projects car- ried out under the programs referred to in sub- section (d)(1). (2) ACTIVITIES.—The Bureau shall carry out paragraph (1)— (A) by coordinating efforts to improve the efficiency and effectiveness of the environ- mental review and permitting process; (B) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and inno- vative approaches to the delivery of projects; and (C) by identifying, developing, and track- ing metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969. (3) SUPPORT TO PROJECT SPONSORS.—At the request of an eligible entity that is carrying out a project under a program referred to in subsection (d)(1), the Bureau, in coordination with the appropriate modal administrations within the Department, shall provide tech- nical assistance with regard to the compliance of the project with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits. (g) PROJECT PROCUREMENT.— (1) IN GENERAL.—The Bureau shall promote best practices in procurement for a project re- ceiving assistance under a program referred to in subsection (d)(1) by developing, in coordina- tion with modal administrations within the Department as appropriate, procurement benchmarks in order to ensure accountable ex- penditure of Federal assistance over the life cycle of the project. (2) PROCUREMENT BENCHMARKS.—To the max- imum extent practicable, the procurement benchmarks developed under paragraph (1) shall— (A) establish maximum thresholds for ac- ceptable project cost increases and delays in project delivery; (B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and (C) be tailored, as necessary, to various types of project procurements, including de- sign-bid-build, design-build, and public-pri- vate partnerships. (3) DATA COLLECTION.—The Bureau shall— (A) collect information related to procure- ment benchmarks developed under para- graph (1), including project specific informa- tion detailed under paragraph (2); and (B) provide on a publicly accessible Inter- net Web site of the Department a report on the information collected under subpara- graph (A). (h) ELIMINATION AND CONSOLIDATION OF DUPLI- CATIVE OFFICES.— (1) ELIMINATION OF OFFICES.—The Secretary may eliminate any office within the Depart- ment if the Secretary determines that— (A) the purposes of the office are duplica- tive of the purposes of the Bureau; and (B) the elimination of the office does not adversely affect the obligations of the Sec- retary under any Federal law. (2) CONSOLIDATION OF OFFICES AND OFFICE FUNCTIONS.—The Secretary may consolidate any office or office function within the De- partment into the Bureau that the Secretary determines has duties, responsibilities, re- sources, or expertise that support the purposes of the Bureau. (3) STAFFING AND BUDGETARY RESOURCES.— (A) IN GENERAL.—The Secretary shall en- sure that the Bureau is adequately staffed and funded. (B) STAFFING.—The Secretary may trans- fer to the Bureau a position within the De- partment from any office that is eliminated or consolidated under this subsection if the Secretary determines that the position is necessary to carry out the purposes of the Bureau. (C) SAVINGS PROVISION.—If the Secretary transfers a position to the Bureau under sub- paragraph (B), the Secretary, in coordina- tion with the appropriate modal administra- tion, shall ensure that the transfer of the po- sition does not adversely affect the obliga- tions of the modal administration under any Federal law. (D) BUDGETARY RESOURCES.— (i) TRANSFER OF FUNDS FROM ELIMINATED OR CONSOLIDATED OFFICES.—The Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated or consolidated under this sub- Page 86 TITLE 49—TRANSPORTATION § 116 section to carry out the purposes of the Bureau. Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account. (ii) TRANSFER OF FUNDS ALLOCATED TO ADMINISTRATIVE COSTS.—The Secretary may transfer to the Bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection (d)(1). Any such funds or lim- itation of obligations or portions thereof transferred to the Bureau may be trans- ferred back to and merged with the origi- nal account. (4) NOTIFICATION.—Not later than 90 days after the date of enactment of this section, and every 90 days thereafter, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representa- tives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Com- mittee on Commerce, Science, and Transpor- tation of the Senate of— (A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices; (B) the offices and office functions consoli- dated under paragraph (2) and the rationale for consolidation of the offices and office functions; (C) the actions taken under paragraph (3) and the rationale for taking such actions; and (D) any additional legislative actions that may be needed. (i) SAVINGS PROVISIONS.— (1) LAWS AND REGULATIONS.—Nothing in this section may be construed to change a law or regulation with respect to a program referred to in subsection (d)(1). (2) RESPONSIBILITIES.—Nothing in this sec- tion may be construed to abrogate the respon- sibilities of an agency, operating administra- tion, or office within the Department other- wise charged by a law or regulation with other aspects of program administration, oversight, or project approval or implementation for the programs and projects subject to this section. (3) APPLICABILITY.—Nothing in this section may be construed to affect any pending appli- cation under 1 or more of the programs re- ferred to in subsection (d)(1) that was received by the Secretary on or before the date of en- actment of this section. (j) DEFINITIONS.—In this section, the following definitions apply: (1) BUREAU.—The term ‘‘Bureau’’ means the National Surface Transportation and Innova- tive Finance Bureau of the Department. (2) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (3) ELIGIBLE ENTITY.—The term ‘‘eligible en- tity’’ means an eligible applicant receiving fi- nancial or credit assistance under 1 or more of the programs referred to in subsection (d)(1). (4) EXECUTIVE DIRECTOR.—The term ‘‘Execu- tive Director’’ means the Executive Director of the Bureau. (5) MULTIMODAL PROJECT.—The term ‘‘multimodal project’’ means a project involv- ing the participation of more than 1 modal ad- ministration or secretarial office within the Department. (6) PROJECT.—The term ‘‘project’’ means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project. (Added Pub. L. 114–94, div. A, title IX, § 9001(a), Dec. 4, 2015, 129 Stat. 1612; amended Pub. L. 115–56, div. D, § 164(a), as added Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121; Pub. L. 117–58, div. B, title I, §§ 21101(d)(4), 21205(i), 21301(j)(4)(A), title V, § 25009(b), Nov. 15, 2021, 135 Stat. 657, 682, 692, 854.) Editorial Notes REFERENCES IN TEXT Section 142 of the Internal Revenue Code of 1986, re- ferred to in subsec. (d)(1)(C), is classified to section 142 of Title 26, Internal Revenue Code. Section 21205(b)(1) of the Surface Transportation In- vestment Act of 2021, referred to in subsec. (d)(1)(D), is section 21205(b)(1) of Pub. L. 117–58, which is set out in a note below. The date of enactment of this section, referred to in subsecs. (d)(5), (6)(B)(iii), (h)(4), and (i)(3), is the date of enactment of Pub. L. 114–94, which was approved Dec. 4, 2015. The National Environmental Policy Act of 1969, re- ferred to in subsec. (f)(2)(D), (3), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2021—Subsec. (d)(1)(B). Pub. L. 117–58, § 21301(j)(4)(A), substituted ‘‘sections 22401 through 22403’’ for ‘‘sections 501 through 503 of the Railroad Revitalization and Reg- ulatory Reform Act of 1976 (45 U.S.C. 821–823)’’. Subsec. (d)(1)(D). Pub. L. 117–58, § 21205(h), added sub- par. (D). Former subpar. (D) struck out. Pub. L. 117–58, § 21101(d)(4), struck out subpar. (D) which read as follows: ‘‘The nationally significant freight and highway projects program under section 117 of title 23.’’ Subsec. (f)(2). Pub. L. 117–58, § 25009(b), redesignated subpars. (B) to (D) as (A) to (C), respectively, and struck out former subpar. (A) which read as follows: ‘‘by serving as the Department’s liaison to the Council on Environmental Quality;’’. 2018—Subsec. (h)(3)(D)(i), (ii). Pub. L. 115–56, § 164(a), as added by Pub. L. 115–123, § 20101(2), substituted ‘‘The’’ for ‘‘During the 2-year period beginning on the date of enactment of this section, the’’ and inserted at end ‘‘Any such funds or limitation of obligations or por- tions thereof transferred to the Bureau may be trans- ferred back to and merged with the original account.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. RURAL AND TRIBAL INFRASTRUCTURE ADVANCEMENT Pub. L. 117–58, div. B, title I, § 21205(a)–(h), Nov. 15, 2021, 135 Stat. 680–682, provided that: ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) BUILD AMERICA BUREAU.—The term ‘Build America Bureau’ means the National Surface Trans- Page 87 TITLE 49—TRANSPORTATION § 116 portation and Innovative Finance Bureau established under section 116 of title 49, United States Code. ‘‘(2) ELIGIBLE ENTITY.—The term ‘eligible entity’ means— ‘‘(A) a unit of local government or political sub- division that is located outside of an urbanized area with a population of more than 150,000 residents, as determined by the Bureau of the Census; ‘‘(B) a State seeking to advance a project located in an area described in subparagraph (A); ‘‘(C) a federally recognized Indian Tribe; and ‘‘(D) the Department of Hawaiian Home Lands. ‘‘(3) ELIGIBLE PROGRAM.—The term ‘eligible pro- gram’ means any program described in— ‘‘(A) subparagraph (A) or (B) of section 116(d)(1) of title 49, United States Code; ‘‘(B) section 118(d)(3)(A) of that title (as added by section 21101(a)); or ‘‘(C) chapter 67 of that title (as added by section 21201). ‘‘(4) PILOT PROGRAM.—The term ‘pilot program’ means the Rural and Tribal Assistance Pilot Program established under subsection (b)(1). ‘‘(b) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall establish within the Build America Bu- reau a pilot program, to be known as the ‘Rural and Tribal Assistance Pilot Program’, to provide to eligi- ble entities the assistance and information described in paragraph (2). ‘‘(2) ASSISTANCE AND INFORMATION.—In carrying out the pilot program, the Secretary may provide to an eligible entity the following: ‘‘(A) Financial, technical, and legal assistance to evaluate potential projects reasonably expected to be eligible to receive funding or financing assist- ance under an eligible program. ‘‘(B) Assistance with development-phase activi- ties, including— ‘‘(i) project planning; ‘‘(ii) feasibility studies; ‘‘(iii) revenue forecasting and funding and fi- nancing options analyses; ‘‘(iv) environmental review; ‘‘(v) preliminary engineering and design work; ‘‘(vi) economic assessments and cost-benefit analyses; ‘‘(vii) public benefit studies; ‘‘(viii) statutory and regulatory framework analyses; ‘‘(ix) value for money studies; ‘‘(x) evaluations of costs to sustain the project; ‘‘(xi) evaluating opportunities for private fi- nancing and project bundling; and ‘‘(xii) any other activity determined to be ap- propriate by the Secretary. ‘‘(C) Information regarding innovative financing best practices and case studies, if the eligible enti- ty is interested in using innovative financing meth- ods. ‘‘(c) ASSISTANCE FROM EXPERT FIRMS.—The Secretary may retain the services of expert firms, including coun- sel, in the field of municipal and project finance to as- sist in providing financial, technical, and legal assist- ance to eligible entities under the pilot program. ‘‘(d) WEBSITE.— ‘‘(1) DESCRIPTION OF PILOT PROGRAM.— ‘‘(A) IN GENERAL.—The Secretary shall make pub- licly available on the website of the Department [of Transporation] a description of the pilot program, including— ‘‘(i) the resources available to eligible entities under the pilot program; and ‘‘(ii) the application process established under paragraph (2)(A). ‘‘(B) CLEARINGHOUSE.—The Secretary may estab- lish a clearinghouse for tools, templates, and best practices on the page of the website of the Depart- ment that contains the information described in subparagraph (A). ‘‘(2) APPLICATIONS.— ‘‘(A) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall establish a process by which an eli- gible entity may submit to the Secretary an appli- cation under the pilot program, in such form and containing such information as the Secretary may require. ‘‘(B) ONLINE PORTAL.—The Secretary shall develop and make available to the public an online portal through which the Secretary may receive applica- tions under subparagraph (A), on a rolling basis. ‘‘(C) APPROVAL.— ‘‘(i) IN GENERAL.—Not later than 60 days after the date on which the Secretary receives a com- plete application under subparagraph (A), the Secretary shall provide to each eligible entity that submitted the application a notice describ- ing whether the application is approved or dis- approved. ‘‘(ii) ADDITIONAL WRITTEN NOTIFICATION.— ‘‘(I) IN GENERAL.—Not later than 30 days after the date on which the Secretary provides to an eligible entity a notification under clause (i), the Secretary shall provide to the eligible enti- ty an additional written notification of the ap- proval or disapproval of the application. ‘‘(II) DISAPPROVED APPLICATIONS.—If the appli- cation of an eligible entity is disapproved under this subparagraph, the additional written noti- fication provided to the eligible entity under subclause (I) shall include an offer for a written or telephonic debrief by the Secretary that will provide an explanation of, and guidance regard- ing, the reasons why the application was dis- approved. ‘‘(iii) INSUFFICIENT APPLICATIONS.—The Sec- retary shall not approve an application under this subparagraph if the application fails to meet the applicable criteria established under this section. ‘‘(3) DASHBOARD.—The Secretary shall publish on the website of the Department a monthly report that includes, for each application received under the pilot program— ‘‘(A) the type of eligible entity that submitted the application; ‘‘(B) the location of each potential project de- scribed in the application; ‘‘(C) a brief description of the assistance re- quested; ‘‘(D) the date on which the Secretary received the application; and ‘‘(E) the date on which the Secretary provided the notice of approval or disapproval under paragraph (2)(C)(i). ‘‘(e) EXPERTS.—An eligible entity that receives as- sistance under the pilot program may retain the serv- ices of an expert for any phase of a project carried out using the assistance, including project development, re- gardless of whether the expert is retained by the Sec- retary under subsection (c). ‘‘(f) FUNDING.— ‘‘(1) IN GENERAL.—For each of fiscal years 2022 through 2026, the Secretary may use to carry out the pilot program, including to retain the services of ex- pert firms under subsection (c), any amount made available to the Secretary to provide credit assist- ance under an eligible program that is not otherwise obligated, subject to paragraph (2). ‘‘(2) LIMITATION.—The amount used under para- graph (1) to carry out the pilot program shall be not more than— ‘‘(A) $1,600,000 for fiscal year 2022; ‘‘(B) $1,800,000 for fiscal year 2023; ‘‘(C) $2,000,000 for fiscal year 2024; ‘‘(D) $2,200,000 for fiscal year 2025; and ‘‘(E) $2,400,000 for fiscal year 2026. ‘‘(3) GEOGRAPHICAL DISTRIBUTION.—Not more than 20 percent of the funds made available to carry out the pilot program for a fiscal year may be used for projects in a single State during that fiscal year. Page 88 TITLE 49—TRANSPORTATION § 117 ‘‘(g) SUNSET.—The pilot program shall terminate on the date that is 5 years after the date of enactment of this Act [Nov. 15, 2021]. ‘‘(h) NONAPPLICABILITY.—Nothing in this section lim- its the ability of the Build America Bureau or the Sec- retary to establish or carry out any other assistance program under title 23 or title 49, United States Code.’’ § 117. Council on Credit and Finance (a) ESTABLISHMENT.—The Secretary of Trans- portation shall establish a Council on Credit and Finance in accordance with this section. (b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall be com- posed of the following members: (A) The Deputy Secretary of Transpor- tation. (B) The Under Secretary of Transportation for Policy. (C) The Chief Financial Officer and Assist- ant Secretary for Budget and Programs. (D) The General Counsel of the Depart- ment of Transportation. (E) The Assistant Secretary for Transpor- tation Policy. (F) The Administrator of the Federal Highway Administration. (G) The Administrator of the Federal Transit Administration. (H) The Administrator of the Federal Rail- road Administration. (2) ADDITIONAL MEMBERS.—The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council. (3) CHAIRPERSON AND VICE CHAIRPERSON.— (A) CHAIRPERSON.—The Deputy Secretary of Transportation shall serve as the chair- person of the Council. (B) VICE CHAIRPERSON.—The Chief Finan- cial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council. (4) EXECUTIVE DIRECTOR.—The Executive Di- rector of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council. (c) DUTIES.—The Council shall— (1) review applications for assistance sub- mitted under the programs referred to in sub- paragraphs (A), (B), and (C) of section 116(d)(1); (2) review applications for assistance sub- mitted under the program referred to in sec- tion 116(d)(1)(D), as determined appropriate by the Secretary; (3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs; (4) review, on a regular basis, projects that received assistance under such programs; and (5) carry out such additional duties as the Secretary may prescribe. (Added Pub. L. 114–94, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. § 118. Office of Multimodal Freight Infrastruc- ture and Policy (a) DEFINITIONS.—In this section: (1) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation. (2) FREIGHT OFFICE.—The term ‘‘Freight Of- fice’’ means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b). (3) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Transportation. (b) ESTABLISHMENT.—The Secretary shall es- tablish within the Department an Office of Multimodal Freight Infrastructure and Policy. (c) PURPOSES.—The purposes of the Freight Of- fice shall be— (1) to carry out the national multimodal freight policy described in section 70101; (2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d); (3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues; (4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department; (5) to assist cities and States in developing freight mobility and supply chain expertise; (6) to liaise and coordinate with other Fed- eral departments and agencies; and (7) to carry out other duties, as prescribed by the Secretary. (d) ADMINISTRATION OF POLICIES AND PRO- GRAMS.—The Freight Office shall— (1) develop and manage— (A) the national freight strategic plan de- scribed in section 70102; and (B) the National Multimodal Freight Net- work established under section 70103; (2)(A) oversee the development and updating of the State freight plans described in section 70202; and (B) provide guidance or best practices relat- ing to the development and updating of State freight plans under that section; (3)(A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and (B) establish procedures for analyzing and evaluating applications for grants under those programs; (4) assist States in the establishment of— (A) State freight advisory committees under section 70201; and (B) multi-State freight mobility compacts under section 70204; and (5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools. (e) ASSISTANT SECRETARY.— (1) IN GENERAL.—The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall— (A) be appointed by the President, by and with the advice and consent of the Senate; and