Special implementation rule.—
“(11) Determinations. Special implementation rule.— “(A) In general.— Subject to subparagraph (C), the Secretary may exempt a State from compliance with the requirements of this subsection if— “(i) the State submits to the Secretary a request for such exemption, made in such form and at such time as the Secretary may require, and including the information specified in subparagraph (B); and “(ii) the Secretary determines that based on such request, the State is demonstrating a good faith effort to comply with the requirements of this subsection. “(B) Good faith effort determination.— In determining whether a State is demonstrating a good faith effort for purposes of subparagraph (A)(ii), the Secretary shall consider— “(i) any actions taken by the State toward compliance with the requirements of this subsection; “(ii) any significant barriers to or challenges in meeting such requirements, including related to funding, design, development, procurement, or installation of necessary systems or resources; “(iii) the State’s detailed plan and timeline for achieving full compliance with such requirements, including any milestones of such plan (as defined by the Secretary); and “(iv) any other criteria determined appropriate by the Secretary. “(C) Duration of exemption.— “(i) Expiration date. In general.— An exemption granted under subparagraph (A) shall expire not later than December 31, 2028, and may not be renewed beyond such date. “(ii) Early termination.— The Secretary may terminate an exemption granted under subparagraph (A) prior to the expiration date of such exemption if the Secretary determined that the State has— “(I) failed to comply with the reporting requirements described in subparagraph (D); or 139 STAT. 314 “(II) based on the information provided pursuant to subparagraph (D), failed to make continued good faith efforts toward compliance with the requirements of this subsection. “(D) Reporting requirements.— A State granted an exemption under subparagraph (A) shall submit to the Secretary— “(i) quarterly progress reports on the State’s status in achieving the milestones toward full compliance described in subparagraph (B)(iii); and “(ii) information on specific risks or newly identified barriers or challenges to full compliance, including the State’s plan to mitigate such risks, barriers, or challenges.”