Port and Intermodal Improvement Program.—
General authority .—
Eligible applicant .—
Eligible projects .—
Prohibited uses .—
Applications and process.—
Applications .—
In general .—
Ensuring cybersecurity .—
Update of facility security plan .—
Covered applicant defined .—
Solicitation process .—
Delayed notice of funding opportunity .—
Project selection criteria.—
In general .—
Additional considerations .—
In general .—
Noncontiguous states and territories .—
Allocation of funds.—
Geographic distribution .—
Small projects .—
Development phase activities .—
Federal share of total project costs.—
Total project costs .—
Federal share.—
In general .—
Rural areas .—
Procedural safeguards .—
Grant conditions.—
In general .—
Efficient use of non-federal funds.—
In general .—
Requirements.—
Application .—
Approval .—
Compliance with applicable requirements .—
Effect .—
Construction, repair, or alteration of vessels .—
Administration.—
Administrative and oversight costs .—
Availability.—
In general .—
Unexpended funds .—
Definitions .—
Port .—
Project .—
Rural area .—
Resilience .—
Strategic seaport defined .—
Assistance for Small Inland River and Coastal Ports and Terminals.—
In general .—
Independent audit.—
In general .—
Acceptable use of data .—
Justification .—
Tonnage determination .—
Awards .—
Use of funds.—
In general .—
Acquisition methods .—
Prohibited uses .—
Matching requirements.—
In general .—
Determination of effectiveness .—
Additional Authority of the Secretary .—
Pub. L. 117–81, div. C, title XXXV, § 3513(a)135 Stat. 2240 Pub. L. 118–31, div. C, title XXXV137 Stat. 808–810 Pub. L. 118–159, div. C, title XXXV138 Stat. 2306 (Added and amended , (b), , ; , §§ 3511, 3512, 3513(b), 3514(a), , ; , §§ 3511(a)(3), (d)–(f), 3535(a), , , 2307, 2314.)
Editorial Notes
References in Text
Pub. L. 91–19083 Stat. 852 section 4321 of Title 42The National Environmental Policy Act of 1969, referred to in subsec. (c)(1), is , , , 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 and Tables.
Codification
section 3505 of Pub. L. 113–66Pub. L. 118–31, div. C, title XXXV, § 3514(a)(1)(A)Pub. L. 113–66, div. C, title XXXV127 Stat. 1086 section 50302 of this titleSubsec. (a)(1) and (2) of , which were transferred to this section, redesignated as subsec. (a)(6)(C) and (12)(E), respectively, and amended by , (B), were based on , §3505(a), , , formerly set out as a note under .
section 50302 of this titlePub. L. 117–81, § 3513(a)(2)Pub. L. 109–304, § 8(b)120 Stat. 1564 Pub. L. 111–84, div. C, title XXXV, § 3512123 Stat. 2722 Pub. L. 113–66, div. C, title XXXV, § 3505(b)127 Stat. 1086 Pub. L. 116–92, div. C, title XXXV, § 3514(b)133 Stat. 1980 Pub. L. 116–283, div. C, title XXXV, § 3504134 Stat. 4399 Subsecs. (c) to (e) of , which were transferred to this section, redesignated as subsecs. (a) to (c), repsectively, and amended by , (b), were based on , , ; , , ; , , ; , , ; , , .
Amendments
Pub. L. 118–159, § 3511(f)2024—Subsec. (a)(5)(A). , designated existing provisions as cl. (i), inserted cl. (i) heading, and added cls. (ii) to (iv).
Pub. L. 118–159, § 3511(d)Subsec. (a)(5)(C). , added subpar. (C).
Pub. L. 118–159, § 3535(a)(1)(A)Subsec. (a)(6)(A)(ii). , substituted “subparagraph (D)” for “subparagraph (C)”.
Pub. L. 118–159, § 3535(a)(1)(B)Subsec. (a)(6)(B)(ii). , substituted “subparagraph (D)” for “subparagraph (C)”.
Pub. L. 118–159, § 3535(a)(1)(C)Subsec. (a)(6)(C), (D). , redesignated subpar. (C) relating to noncontiguous states and territories as (D).
Pub. L. 118–159, § 3511(e)Subsec. (a)(9)(D). , added subpar. (D).
Pub. L. 118–159, § 3535(a)(2)(A)Subsec. (a)(10)(B)(i). , substituted “law and” for “law ans”.
Pub. L. 118–159, § 3535(a)(2)(B)section 117(k) of title 23section 117 of title 23Subsec. (a)(10)(C), (D). , redesignated subpar. (D) as (C) and struck out former subpar. (C). Prior to amendment, text of subpar. (C) read as follows: “The Secretary shall apply the same requirements of , United States Code, to a port project assisted in whole or in part under this section as the Secretary does a port-related freight project under , United States Code.”
Pub. L. 118–159, § 3511(a)(3)Subsec. (a)(12)(A)(ii). , substituted “inland waters (including the Great Lakes)” for “inland waters”.
Pub. L. 118–159, § 3535(a)(3)Subsec. (a)(12)(E). , struck out “and” before “commercial port”.
Pub. L. 118–31, § 35112023—Subsec. (a)(3)(A)(ii)(V). , added subcl. (V).
Pub. L. 118–31, § 3513(b)(1)Subsec. (a)(6)(A)(ii). , inserted “(except in the case of a project described under subparagraph (C))” after “effective”.
Pub. L. 118–31, § 3513(b)(2)Subsec. (a)(6)(B)(ii). , inserted “(except in the case of a project described under subparagraph (C))” after “as applicable”.
Pub. L. 118–31, § 3514(a)(1)(A)(iii)section 50302(c) of title 46section 50302(c) of title 46Subsec. (a)(6)(C). , which directed substitution of “In selecting projects described in paragraph (3)” for “Under the port infrastructure development grant program established under , United States Code”, was executed by making the substitution for “Under the port infrastructure development program established under , United States Code” to reflect the probable intent of Congress.
Pub. L. 118–31, § 3514(a)(1)(A)(i)section 3505(a)(1) of Pub. L. 113–66, (ii), transferred the text of to this section and redesignated it as subsec. (a)(6)(C) relating to priority funding for strategic seaports. See Codification note above.
Pub. L. 118–31, § 3513(b)(3), added subpar. (C) relating to noncontiguous states and territories.
Pub. L. 118–31, § 3512(b)Subsec. (a)(7)(C)(ii). , substituted “subsection (b)(5)(A)(ii)(III)” for “subsection (b)(3)(A)(ii)(III)”.
Pub. L. 118–31, § 3514(a)(1)(B)section 3505(a)(2) of Pub. L. 113–66Subsec. (a)(12)(E). , transferred the text of to this section and redesignated it as subsec. (a)(12)(E). See Codification note above.
Pub. L. 118–31, § 3512(a)(1)Subsec. (b)(1). , struck out “the findings of which are acceptable to the Secretary” before period at end.
Pub. L. 118–31, § 3512(a)(3)Subsec. (b)(2), (3). , added pars. (2) and (3). Former pars. (2) and (3) redesignated (4) and (5), respectively.
Pub. L. 118–31, § 3512(a)(2)Subsec. (b)(4) to (7). , redesignated pars. (2) to (5) as (4) to (7), respectively.
Pub. L. 118–31, § 3514(a)(2)section 3512(a)(2) of Pub. L. 118–31Subsec. (b)(7)(B). , which directed substitution of “subsection (a)(6)(A)” for “subsection (c)(6)(A)” in par. (5)(B), was executed to par. (7)(B) to reflect the probable intent of Congress and the intervening redesignation made by . See Amendment note above.
Pub. L. 117–81, § 3513(a)(2)section 50302 of this title2021—Subsec. (a). , redesignated subsec. (c) of as subsec. (a) of this section. See Codification note above.
Pub. L. 117–81, § 3513(b)(1)(A)Subsec. (a)(2). , substituted “or subsection (b)” for “or subsection (d)”.
Pub. L. 117–81, § 3513(b)(1)(B)Subsec. (a)(3)(A)(ii)(III), (IV). , added subcls. (III) and (IV) and struck out former subcl. (III), which read as follows: “environmental mitigation measures and operational improvements directly related to enhancing the efficiency of ports and intermodal connections to ports; or”.
Pub. L. 117–81, § 3513(b)(1)(C)(i)Subsec. (a)(5)(A). , substituted “or subsection (b)” for “or subsection (d)”.
Pub. L. 117–81, § 3513(b)(1)(C)(ii)Subsec. (a)(5)(B). , substituted “subsection (b)” for “subsection (d)”.
Pub. L. 117–81, § 3513(b)(1)(D)Subsec. (a)(6)(B)(iii). , added cl. (iii).
Pub. L. 117–81, § 3513(b)(1)(E)(i)Subsec. (a)(7)(B). , substituted “subsection (b)” for “subsection (d)” in two places and “25 percent” for “18 percent”.
Pub. L. 117–81, § 3513(b)(1)(E)(ii)Subsec. (a)(7)(C)(ii). , substituted “subsection (b)(3)(A)(ii)(III)” for “subsection (d)(3)(A)(ii)(III)”.
Pub. L. 117–81, § 3513(b)(1)(F)(i)Subsec. (a)(8)(A). , substituted “or subsection (b)” for “or subsection (d)”.
Pub. L. 117–81, § 3513(b)(1)(F)(ii)Subsec. (a)(8)(B). , substituted “subsection (b)” for “subsection (d)” in cls. (i) and (ii).
Pub. L. 117–81, § 3513(b)(1)(G)Subsec. (a)(9), (10)(A). , (H)(i), substituted “subsection (b)” for “subsection (d)” in introductory provisions.
Pub. L. 117–81, § 3513(b)(1)(H)(ii)Subsec. (a)(10)(B) to (D). , (iii), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.
Pub. L. 117–81, § 3513(b)(1)(I)(i)Subsec. (a)(12). , substituted “subsection (b)” for “subsection (d)” in introductory provisions.
Pub. L. 117–81, § 3513(b)(1)(I)(ii)Subsec. (a)(12)(D). , added subpar. (D).
Pub. L. 117–81, § 3513(b)(2)(A)Subsec. (b). , substituted “Inland River” for “Inland” in heading.
Pub. L. 117–81, § 3513(a)(2)section 50302 of this title, redesignated subsec. (d) of as subsec. (b) of this section. See Codification note above.
Pub. L. 117–81, § 3513(b)(2)(B)Subsec. (b)(1). , substituted “subsection (a)(7)(B)” for “subsection (c)(7)(B)”.
Pub. L. 117–81, § 3513(b)(2)(C)Subsec. (b)(3)(A)(ii)(III). , substituted “subsection (a)(3)(B)” for “subsection (c)(3)(B)”.
Pub. L. 117–81, § 3513(b)(2)(D)Subsec. (b)(5)(A). , substituted “subsection (a)(8)(B)” for “subsection (c)(8)(B)” in introductory provisions.
Pub. L. 117–81, § 3513(a)(2)section 50302 of this titleSubsec. (c). , redesignated subsec. (e) of as subsec. (c) of this section. See Codification note above.
Pub. L. 117–81, § 3513(b)(3)Subsec. (c)(3). , substituted “subsection (a) or subsection (b)” for “subsection (c) or subsection (d)” and “subsection (a)(2)” for “subsection (c)(2)”.