(a)
(b)
(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);
(2) to administer the application processes for programs within the Department in accordance with subsection (d);
(3) to promote innovative financing best practices in accordance with subsection (e);
(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and
(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).
(c)
(1)
(2)
(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 Finance established under section 117 in accordance with this section; and
(D) carry out such additional duties as the Secretary may prescribe.
(d)
(1)
(A) The infrastructure finance programs authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and improvement financing program authorized under sections 501 through 503 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821–823).
(C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986.
(D) The nationally significant freight and highway projects program under section 117 of title 23.
(2)
(3)
(4)
(5)
(A) evaluates the application processes for the programs referred to in paragraph (1);
(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and
(C) describes how the Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.
(6)
(A)
(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 application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions.
(B)
(i)
(ii)
(iii)
(e)
(1)
(2)
(A) by making Federal credit assistance programs more accessible to eligible recipients;
(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;
(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing methods; and
(D) by developing and monitoring—
(i) best practices with respect to standardized 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 unsolicited bids;
(III) policies with respect to noncompete clauses; and
(IV) other significant terms of public-private partnership procurements, as determined appropriate by the Bureau;
(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and
(iii) analytical tools and other techniques to aid eligible entities in determining the appropriate project delivery model, including a value for money analysis.
(3)
(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—
(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 summary of the total level of Federal assistance in such project; and
(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.
(4)
(f)
(1)
(2)
(A) by serving as the Department's liaison to the Council on Environmental Quality;
(B) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(C) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and
(D) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.
(3)
(g)
(1)
(2)
(A) establish maximum thresholds for acceptable 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 design-bid-build, design-build, and public-private partnerships.
(3)
(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and
(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).
(h)
(1)
(A) the purposes of the office are duplicative of the purposes of the Bureau; and
(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.
(2)
(3)
(A)
(B)
(C)
(D)
(i)
(ii)
(4)
(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;
(B) the offices and office functions consolidated 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)
(1)
(2)
(3)
(j)
(1)
(2)
(3)
(4)
(5)
(6)
References in Text
Section 142 of the Internal Revenue Code of 1986, referred to in subsec. (d)(1)(C), is classified to section 142 of Title 26, Internal Revenue Code.
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, referred 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
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 portions thereof transferred to the Bureau may be transferred back to and merged with the original account."
Effective Date
Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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