CHAPTER 3 —GENERAL DUTIES AND POWERS
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—MISCELLANEOUS
Editorial Notes
Amendments
2021—
2018—
2016—
2015—
2012—
2003—
1994—
1991—
1989—
1984—
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§301. Leadership, consultation, and cooperation
The Secretary of Transportation shall—
(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 301 | 49:1653(a). | Oct. 15, 1966, |
In the introductory clause before "shall", the words "in carrying out the purposes of this chapter . . . among his responsibilities" are omitted as surplus.
In clause (4), the word "compiling" is substituted for "gathering" for consistency.
Editorial Notes
Amendments
1998—Par. (9).
1991—Pars. (3) to (5).
Par. (6).
Pars. (7), (8).
Statutory Notes and Related Subsidiaries
Geomatic Data
"(a)
"(b)
"(c)
"(1) notice of the proposed guidance; and
"(2) an opportunity to comment on the proposed guidance.
"(d)
"(1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or
"(2) changes the current statutory or regulatory requirements of the Department [of Transportation]."
Risk and System Resilience
"(a)
"(1) resilience to threat probabilities by type of hazard and geographical location;
"(2) resilience to asset vulnerabilities with respect to each applicable threat; and
"(3) anticipated consequences from each applicable threat to each asset.
"(b)
"(1)
"(2)
"(c)
"(1)
"(A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and
"(B) build on existing resilience research, including studies conducted by—
"(i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and
"(ii) the National Institute of Standards and Technology.
"(2)
Safety Data Initiative
"(a)
"(1) a State;
"(2) a unit of local government;
"(3) a transit agency or authority;
"(4) a metropolitan planning organization;
"(5) any other subdivision of a State or local government;
"(6) an institution of higher education; and
"(7) a multi-State or multijurisdictional group.
"(b)
"(1)
"(2)
"(A)
"(i)
"(ii)
"(I) carry out demonstration programs;
"(II) award grants and provide incentives to eligible entities;
"(III) enter into partnerships with—
"(aa) eligible entities;
"(bb) private sector entities; and
"(cc) National Laboratories; and
"(IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes.
"(B)
"(i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis;
"(ii)(I) identify innovative State and local government practices;
"(II) incubate those practices for further development; and
"(III) replicate those practices nationwide; and
"(iii) transfer to State and local governments the results of the applied research carried out under that subparagraph.
"(C)
"(i)
"(I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and
"(II) leverage data from private sector entities.
"(ii)
"(I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and
"(II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data.
"(iii)
"(I) the Director of the Bureau of Transportation Statistics;
"(II) 1 or more trusted third parties, as determined by the Secretary; or
"(III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data.
"(3)
"(A)
"(i) the Under Secretary of Transportation for Policy;
"(ii) the Chief Information Officer of the Department [of Transportation];
"(iii) the Administrator of the National Highway Traffic Safety Administration;
"(iv) the Administrator of the Federal Highway Administration;
"(v) the Administrator of the Federal Motor Carrier Safety Administration;
"(vi) the Administrator of the Federal Transit Administration; and
"(vii) the Administrator of the Federal Railroad Administration.
"(B)
"(C)
"(4)
"(A) the date that is 1 year after the date of enactment of this Act; and
"(B) the date on which the Secretary makes the direction to officials described in paragraph (3)(C)."
GAO Cybersecurity Recommendations
"(a)
"(1) by developing a cybersecurity risk management strategy for the systems and information of the Department [of Transportation];
"(2) by updating policies to address an organization-wide risk assessment; and
"(3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions.
"(b)
"(1) reviewing positions in the Department; and
"(2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework.
"(c)
"(1)
"(2)
"(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department;
"(B) the extent to which officials of the Department—
"(i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and
"(ii) hold managers accountable for cybersecurity within the components of the Department; and
"(C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate."
Performance Measurement, Transparency, and Accountability
"(1) develop metrics to assess the effectiveness of the activities funded by the grant;
"(2) establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and
"(3) not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2)."
National Advisory Committee on Travel and Tourism Infrastructure
"(a)
"(1) 1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;
"(2) the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;
"(3) international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;
"(4) travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and
"(5) the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.
"(b)
"(c)
"(1) be composed of members appointed by the Secretary for terms of not more than 3 years; and
"(2) include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—
"(A) the travel and tourism industry, product and service providers, and travel and tourism-related associations;
"(B) travel, tourism, and destination marketing organizations;
"(C) the travel and tourism-related workforce;
"(D) State tourism offices;
"(E) State departments of transportation;
"(F) regional and metropolitan planning organizations; and
"(G) local governments.
"(d)
"(1) advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;
"(2) serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;
"(3) promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;
"(4) gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—
"(A) is safe, economical, and efficient; and
"(B) maximizes the benefits to the United States generated through the travel and tourism industry;
"(5) identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;
"(6) provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;
"(7) provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and
"(8) address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.
"(e)
"(1) to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and
"(2) that includes—
"(A) an assessment of the condition and performance of the national transportation network, including consideration of the impacts of the COVID–19 pandemic;
"(B) an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;
"(C) forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;
"(D) an identification of the major transportation facilities and corridors of regional significance for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
"(E) an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);
"(F) best practices for improving the performance of the national transportation network;
"(G) strategies to improve intermodal connectivity for long-haul passenger travel and tourism; and
"(H) an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less-traveled, roads that promote tourism and economic development throughout the United States."
Collaboration and Support
Public-Private Partnerships
"(a)
"(b)
"(c)
"(d)
"(1)
"(2)
Vessel Transfer Authority
Budget Justification
Coordinated Transportation Services
Establishment of Nationwide Differential Global Positioning System
"(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as 'GWEN') as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the 'Nationwide Differential Global Positioning System' (referred to in this section as 'NDGPS').
"(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may—
"(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);
"(2) to the maximum extent practicable, use contractor services to install the NDGPS;
"(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);
"(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as 'CORS') system of the National Geodetic Survey of the Department of Commerce; and
"(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.
"(c) The Secretary of Transportation may—
"(1) manage and operate the NDGPS;
"(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and
"(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.
"(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.
"(e) The Secretary of Transportation may—
"(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments—
"(A) investigate improvements (including potential improvements) to the NDGPS;
"(B) develop standards for the NDGPS; and
"(C) sponsor the development of new applications for the NDGPS; and
"(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of—
"(A) the Federal Government;
"(B) State and local governments; and
"(C) the general public."
Intermodal Transportation Advisory Board and Office of Intermodalism
Model Intermodal Transportation Plans
National Commission on Intermodal Transportation
Border Crossings
Underground Pipelines
Long-Range National Transportation Strategic Planning Study
Executive Documents
Commercial Expendable Launch Vehicle Activities
Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under
Ex. Ord. No. 13274. Environmental Stewardship and Transportation Infrastructure Project Reviews
Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, §2, Feb. 28, 2003, 68 F.R. 10619, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows:
(b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services.
(c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection.
(b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality.
(b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements.
(c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner.
(d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order.
George W. Bush.
§302. Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of
(b) This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
(c) The Secretary shall consider the needs—
(1) for effectiveness and safety in transportation systems; and
(2) of national defense.
(d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
(A) conducting economic and technological research;
(B) demonstrating advancements in high-speed ground transportation technologies;
(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
(D) minimizing the long-term risks of investors.
(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
(e)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 302(a) | 49:1653(b)(1). | Oct. 15, 1966, |
| 302(b) | 49:1653(b)(2). | |
| 302(c) | 49:1653(b)(3). |
In subsection (a), the words "In carrying out his duties and responsibilities under this chapter" before "Secretary of Transportation" are omitted as surplus. The words "the transportation policy of
In subsection (c), the words "In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter" before "Secretary" are omitted as surplus. The word "consider" is substituted for "give full consideration to" to eliminate surplus words. The words "for operational continuity of the functions transferred" after "the needs" are omitted as executed.
Editorial Notes
Amendments
1995—Subsec. (a).
1994—Subsec. (b).
1991—Subsec. (d).
Subsec. (e).
1984—Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by section 1036(a) of
§303. Policy on lands, wildlife and waterfowl refuges, and historic sites
(a) It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites.
(b) The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities.
(c)
(1) there is no prudent and feasible alternative to using that land; and
(2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use.
(d)
(1)
(A)
(B)
(C)
(2)
(A) the Secretary has determined, in accordance with the consultation process required under
(i) the transportation program or project will have no adverse effect on the historic site; or
(ii) there will be no historic properties affected by the transportation program or project;
(B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and
(C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A).
(3)
(A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and
(B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(e)
(1)
(A) align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 (
(B) not later than 90 days after the date of enactment of this subsection, coordinate with the Secretary of the Interior and the Executive Director of the Advisory Council on Historic Preservation (referred to in this subsection as the "Council") to establish procedures to satisfy the requirements described in subparagraph (A) (including regulations).
(2)
(A)
(i) include the determination of the Secretary in the analysis required under that Act;
(ii) provide a notice of the determination to—
(I) each applicable State historic preservation officer and tribal historic preservation officer;
(II) the Council, if the Council is participating in the consultation process under
(III) the Secretary of the Interior; and
(iii) request from the applicable preservation officer, the Council, and the Secretary of the Interior a concurrence that the determination is sufficient to satisfy subsection (c)(1).
(B)
(C)
(i) be included in the record of decision or finding of no significant impact of the Secretary; and
(ii) be posted on an appropriate Federal website by not later than 3 days after the date of receipt by the Secretary of all concurrences requested under subparagraph (A)(iii).
(3)
(A)
(B)
(f)
(1)
(2)
(g)
(h)
(1)
(2)
(A)
(i) stations; or
(ii) bridges or tunnels located on—
(I) railroad lines that have been abandoned; or
(II) transit lines that are not in use.
(B)
(i) over which service has been discontinued; or
(ii) that have been railbanked or otherwise reserved for the transportation of goods or passengers.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303(a) | 49:1651(b)(2). | Oct. 15, 1966, |
| 49:1653(f) (1st sentence). | Oct. 15, 1966, |
|
| 303(b) | 49:1653(f) (2d sentence). | |
| 303(c) | 49:1653(f) (less 1st, 2d sentences). |
In subsection (a), the words "hereby declared to be" before "the policy" are omitted as surplus. The words "of the United States Government" are substituted for "national" for clarity and consistency.
In subsection (b), the words "crossed by transportation activities or facilities" are substituted for "traversed" for clarity.
In subsection (c), before clause (1), the words "After August 23, 1968" after "Secretary" are omitted as executed. The word "transportation" is inserted before "program" for clarity. In clause (2), the words "or project" are added for consistency.
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (e)(1)(A), (2)(A), is
The date of enactment of this subsection, referred to in subsec. (e)(1)(B), is the date of enactment of
Amendments
2015—Subsec. (c).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
2014—Subsec. (d)(2)(A).
2005—Subsec. (c).
Subsec. (d).
1987—Subsec. (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Treatment of Military Flight Operations
1 See References in Text note below.
2 So in original. The words ", United States Code" probably should not appear.
§303a. Development of water transportation
(a)
(1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and
(2) to foster and preserve rail and water transportation.
(b)
(c)
(1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States;
(2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically;
(3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities;
(4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which—
(A) the waterways are being used to their capacity and are meeting the demands of traffic; and
(B) water carriers using those waterways are interchanging traffic with rail carriers;
(5) investigate other matters that may promote and encourage inland water transportation; and
(6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 303a | 49 App.:142. | Feb. 28, 1920, ch. 91, §500, |
Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in
In subsection (a)(2), the words "in full vigor both" are omitted as surplus.
In subsection (b), the words "be construed to" are omitted as surplus.
In subsection (c)(1), the word "appropriate" is omitted as surplus. The word "vessels" is substituted for "boats" for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), the words "the subject of", "apparatus", "appliances in connection therewith", and "or interchange" are omitted as surplus.
In subsection (c)(3), the words "appropriate" and "suitable" are omitted as surplus.
In subsection (c)(6), the words "province and", "from time to time", and "useful statistics, data, and" are omitted as surplus.
Statutory Notes and Related Subsidiaries
Arctic Shipping Federal Advisory Committee
"(a)
"(b)
"(1)
"(2)
"(3) Arctic sea routes.—The term 'Arctic Sea Routes' means the international Northern Sea Route, the Transpolar Sea Route, and the Northwest Passage.
"(c)
"(1)
"(A)
"(B)
"(2)
"(A)
"(B)
"(i) 1 individual appointed and designated by the Secretary of Transportation to serve as the Chairperson of the Advisory Committee;
"(ii) 1 individual appointed and designated by the Secretary of the Department in which the Coast Guard is operating to serve as the Vice Chairperson of the Advisory Committee;
"(iii) 1 designee of the Secretary of Commerce;
"(iv) 1 designee of the Secretary of State;
"(v) 1 designee of the Secretary of Transportation;
"(vi) 1 designee of the Secretary of Defense;
"(vii) 1 designee from the State of Alaska, nominated by the Governor of Alaska and designated by the Secretary of Transportation;
"(viii) 1 designee from the State of Washington, nominated by the Governor of Washington and designated by the Secretary of Transportation;
"(ix) 3 Alaska Native Tribal members;
"(x) 1 individual representing Alaska Native subsistence co-management groups affected by Arctic maritime transportation;
"(xi) 1 individual representing coastal communities affected by Arctic maritime transportation;
"(xii) 1 individual representing vessels of the United States (as defined in
"(xiii) 1 individual representing the marine safety community;
"(xiv) 1 individual representing the Arctic business community; and
"(xv) 1 individual representing maritime labor organizations.
"(C)
"(i)
"(ii)
"(3)
"(A) Develop a set of policy recommendations that would enhance the leadership role played by the United States in improving the safety and reliability of Arctic maritime transportation in accordance with customary international maritime law and existing Federal authority. Such policy recommendations shall consider options to establish a United States entity that could perform the following functions in accordance with United States law and customary international maritime law:
"(i) Construction, operation, and maintenance of current and future maritime infrastructure necessary for vessels transiting the Arctic Sea Routes, including potential new deep draft and deepwater ports.
"(ii) Provision of services that are not widely commercially available in the United States Arctic that would—
"(I) improve Arctic maritime safety and environmental protection;
"(II) enhance Arctic maritime domain awareness; and
"(III) support navigation and incident response for vessels transiting the Arctic Sea Routes.
"(iii) Establishment of rules of measurement for vessels and cargo for the purposes of levying voluntary rates of charges or fees for services.
"(B) As an option under subparagraph (A), consider establishing a congressionally chartered seaway development corporation modeled on the Saint Lawrence Seaway Development Corporation, and—
"(i) develop recommendations for establishing such a corporation and a detailed implementation plan for establishing such an entity; or
"(ii) if the Advisory Committee decides against recommending the establishment of such a corporation, provide a written explanation as to the rationale for the decision and develop an alternative, as practicable.
"(C) Provide advice and recommendations, as requested, to the Secretary of Transportation and the Secretary of the Department in which the Coast Guard is operating on Arctic marine transportation, including seaway development, and consider national security interests, where applicable, in such recommendations.
"(D) In developing the advice and recommendations under subparagraph (C), engage with and solicit feedback from coastal communities, Alaska Native subsistence co-management groups, and Alaska Native tribes.
"(d)
"(e)
"(f)
"(1) coordination of any activities recommended by the implementation plan submitted by the Advisory Committee and approved by the Secretary of Transportation; and
"(2) facilitation of multilateral dialogues with member and observer nations of the Arctic Council to encourage cooperation on Arctic maritime transportation.
"(g)
§304. Application of categorical exclusions for multimodal projects
(a)
(1)
(2)
(3)
(b)
(c)
(1) the lead authority makes a determination, with the concurrence of the cooperating authority—
(A) on the applicability of a categorical exclusion to a proposed multimodal project; and
(B) that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 (
(2) the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and
(3) the lead authority determines that—
(A) the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and
(B) extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, |
| 304(b) | 49:1653(g) (3d sentence). |
In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed.
In subsection (a)(4), the word "ensure" is substituted for "assure" as being more precise. The words "of the United States Government" are substituted for "Federal", and the words "United States" are substituted for "national", for clarity and consistency.
In subsection (b), the words "The Secretaries shall report on April 1 of each year" are substituted for "They shall, within one year after the effective date of the Act, and annually thereafter, report" to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(2) and (c), is
Amendments
2015—Subsec. (a)(1).
Subsec. (a)(2).
"(A) is the lead authority over a proposed multimodal project; and
"(B) has determined that the components of the project that fall under the modal expertise of the lead authority—
"(i) satisfy the conditions for a categorical exclusion under implementing regulations or procedures of the lead authority under the National Environmental Policy Act of 1969 (
"(ii) do not require the preparation of an environmental assessment or environmental impact statement under that Act."
Subsec. (b).
Subsec. (c).
Subsec. (d).
"(1)
"(2)
2012–
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2012 Amendment
Amendment by
§304a. Accelerated decisionmaking in environmental reviews
(a)
(1) cite the sources, authorities, and reasons that support the position of the agency; and
(2) if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b)
(1) the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or
(2) there is a significant new circumstance or information relevant to environmental concerns that bears on the proposed action or the impacts of the proposed action.
(c)
(1)
(2)
(A) the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted;
(B) the other operating administration concurs with such decision; and
(C) such actions are consistent with the requirements of the National Environmental Policy Act of 1969 (
(3)
(A) the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described;
(B) the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and
(C) the incorporated material does not include proprietary data that is not available for review and comment.
(Added
Statutory Notes and Related Subsidiaries
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsecs. (a) and (c)(2)(C), is
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§305. Transportation investment standards and criteria
(a) Subject to sections 301–304 1 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to—
(1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use;
(2) an inter-oceanic canal located outside the 48 contiguous States;
(3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation;
(4) foreign assistance programs;
(5) water resources projects; or
(6) grant-in-aid programs authorized by law.
(b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall—
(1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the—
(A) projected growth of transportation needs and traffic in the affected area;
(B) the relative efficiency of various modes of transportation;
(C) the available transportation services in the area; and
(D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy;
(2) coordinate the survey, plan, or report—
(A) with the Secretary and include the views and comments of the Secretary; and
(B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and
(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 305(a) | 49:1656(a) (less next-to-last par.). | Oct. 15, 1966, |
| 305(b) | 49:1656 (less (a)). |
In subsection (a), before clause (1), the words "consistent with national transportation policies" after "develop standards and criteria" are omitted as unnecessary because of section 302 of the revised title. The words "Based on experience" are substituted for "in the light of experience", and the words "shall prescribe" are substituted for "be promulgated by the", to conform to other sections of the revised title. The words "from time to time" after "shall revise" are omitted as unnecessary. The words "This subsection does not apply to" are substituted for "except such proposals as are concerned with" for clarity. In clause (1), the words "a department, agency, or instrumentality of the Government" are substituted for "Federal agencies" for clarity and consistency. Similar conforming changes are made throughout the section. The word "services" after "provide transportation" is omitted as unnecessary. In clause (2), the words "48 contiguous States" are substituted for "contiguous United States" for clarity.
The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation.
In subsection (b)(2), the words "unit of" before "governments" are omitted as surplus. In clause (3), the word "thereafter" after "send" is omitted as surplus.
Editorial Notes
References in Text
1 See References in Text note below.
§306. Prohibited discrimination
(a) In this section, "financial assistance" includes obligation guarantees.
(b) A person in the United States may not be excluded from participating in, be denied the benefits of, or be subject to discrimination under, a project, program, or activity because of race, color, national origin, or sex when any part of the project, program, or activity is financed through financial assistance under section 332 or 333 or
(c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection.
(d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions:
(1) direct that no more Federal financial assistance be provided the person.
(2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person.
(3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (
(4) take other action provided by law.
(e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 306(a) | 45:803(f). | Feb. 5, 1976, |
| 306(b) | 45:803(a). | |
| 306(c), (d) | 45:803(b). | |
| 306(e) | 45:803(c)–(e). |
In subsection (b), the enumerated laws are substituted for "through financial assistance under this Act", meaning the Rail Revitalization and Regulatory Reform Act of 1976 (
In subsection (c), the word "decides" is substituted for "determines" for consistency. The word "ensure" is substituted for "assure" as being more precise.
In subsection (d), the words "at least one of the following actions" are substituted for "and/or" for clarity and consistency.
In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary.
Pub. L. 98–216
This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix.
Editorial Notes
References in Text
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is
Amendments
2021—Subsec. (b).
1994—Subsec. (b).
1984—Subsec. (b).
§307. Improving State and Federal agency engagement in environmental reviews
(a)
(1)
(2)
(b)
(c)
(d)
(e)
(1)
(2)
(A) to the maximum extent practicable, that expediting and improving the process of environmental review and permitting through the use of funds accepted and expended under this section does not adversely affect the timeline for review and permitting by Federal agencies, State agencies, or Indian tribes of other entities that have not contributed funds under this section;
(B) that the use of funds accepted under this section will not impact impartial decisionmaking with respect to environmental reviews or permits, either substantively or procedurally; and
(C) that the Secretary maintains, and makes publicly available, including on the Internet, a list of projects or programs for which such review or permits have been carried out using funds authorized under this section.
(f)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (e)(1), is the date of enactment of
Prior Provisions
A prior section 307,
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§308. Reports
(a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year.
(b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include—
(1) collected information the Secretary considers valuable in deciding questions about—
(A) the development and regulation of civil aeronautics;
(B) the use of airspace of the United States; and
(C) the improvement of the air navigation and traffic control system; and
(2) recommendations for additional legislation and other action the Secretary considers necessary.
(c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the—
(1) economic and technological development of the ports;
(2) extent to which the ports contribute to the national welfare and security; and
(3) factors that may impede the continued development of the ports.
[(d) Repealed.
(e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes.
(2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one-year, 5-year, and 10-year periods at specified levels of service.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(a) | 45:792. | Jan. 2, 1974, |
| 49:1658. | Oct. 15, 1966, |
|
| 308(b) | 49:1354(e). | Aug. 23, 1958, |
| 308(c) | 15:1519a. | Oct. 3, 1980, |
In subsection (a), the words "As part of his annual report each year" in 45:792 are omitted as unnecessary because of the restatement of the source provisions.
In subsection (b), before clause (1), the words "aviation activities of the Department" are substituted for "work performed under this chapter" because of the restatement. The words "The report shall include" are substituted for "Such report shall contain" for consistency. In clause (1), the words "and data" after "information" are omitted as surplus. The words "airspace of the United States" are substituted for "National airspace" for clarity and consistency. In clause (2), the words "the Secretary considers necessary" are substituted for "as may be considered" for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 308(d) | 49 App.:1654a. | Oct. 14, 1980, |
| 308(e) | 49 App.:1601c. | Jan. 6, 1983, |
This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (
In subsection (e)(1), the words "January of each even-numbered year" are substituted for "January of 1984 and in January of every second year thereafter" to eliminate unnecessary words.
Editorial Notes
Amendments
1998—Subsec. (e)(1).
1995—Subsec. (d).
1984—
Subsec. (a).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Annual Report
"(a)
"(1) that is more than 5 years behind schedule; or
"(2) for which the total amount spent on the project or activity is not less than $1,000,000,000 more than the original cost estimate for the project or activity.
"(b)
"(1) a brief description of the covered project, including—
"(A) the purpose of the covered project;
"(B) each location in which the covered project is carried out;
"(C) the contract or award number of the covered project, if applicable;
"(D) the year in which the covered project was initiated;
"(E) the Federal share of the total cost of the covered project; and
"(F) each primary contractor, subcontractor, grant recipient, and subgrantee recipient of the covered project;
"(2) an explanation of any change to the original scope of the covered project, including by the addition or narrowing of the initial requirements of the covered project;
"(3) the original expected date for completion of the covered project;
"(4) the current expected date for completion of the covered project;
"(5) the original cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(6) the current cost estimate for the covered project, as adjusted to reflect increases in the Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics;
"(7) an explanation for a delay in completion or an increase in the original cost estimate for the covered project, including, where applicable, any impact of insufficient or delayed appropriations; and
"(8) the amount of and rationale for any award, incentive fee, or other type of bonus, if any, awarded for the covered project."
Rulemaking Report
"(a)
"(1) has not been finalized by the date on which the relevant notification is submitted under subsection (b); and
"(2) relates to—
"(A)
"(B)
"(C)
"(D)
"(E) a defect reporting requirement under
"(F) subsections (b) and (c) of
"(G) the tire pressure monitoring standards required under section 24115 of the FAST Act (
"(H) the amendment made by section 24402 of the FAST Act (
"(I) the records retention rule required under section 24403 of the FAST Act (
"(J) the amendments made by section 24405 of the FAST Act (
"(K) a defect and noncompliance notification required under—
"(i) section 24104 of the FAST Act (
"(ii) section 31301 of MAP–21 (
"(L) a side impact or frontal impact test procedure for child restraint systems under section 31501 of MAP–21 (
"(M) an upgrade to child restraint anchorage system usability requirements required under section 31502 of MAP–21 (
"(N) the rear seat belt reminder system required under section 31503 of MAP–21 (
"(O) a motorcoach rulemaking required under section 32703 of MAP–21 (
"(P) any rulemaking required under this Act [div. B of
"(b)
"(1) for a covered rulemaking with a statutory deadline for completion—
"(A) an explanation of why the deadline was not met; and
"(B) an expected date of completion of the covered rulemaking; and
"(2) for a covered rulemaking without a statutory deadline for completion, an expected date of completion of the covered rulemaking.
"(c)
"(1) an updated timeline;
"(2) a list of factors causing delays in the completion of the covered rulemaking; and
"(3) any other details associated with the status of the covered rulemaking."
Availability of Reports
"(a)
"(b)
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of
Annual Report on Safety Enforcement Activities of Federal Aviation Administration
§309. High-speed ground transportation
(a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high-speed steel wheel on rail transportation systems as alternatives to existing transportation systems.
(b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable.
(2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation.
(B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high-speed ground transportation project or system under construction or in operation at the time the application is made.
(ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include—
(I) feasibility of guideway or track design and construction;
(II) safety and reliability;
(III) impact on the environment in comparison to other high-speed ground transportation technologies;
(IV) minimization of land use;
(V) effect on human factors related to high-speed ground transportation;
(VI) energy and power consumption and cost;
(VII) integration of high-speed ground transportation systems with other modes of transportation;
(VIII) actual and projected ridership; and
(IX) design of signaling, communications, and control systems.
(C) For the purposes of this paragraph, the term "eligible applicant" means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government.
(D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system.
(E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary.
(c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (
(A) conducting research to overcome technical and other barriers to the development and construction of practicable high-speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and
(B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States.
(2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash.
(3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (
(4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of
(5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1).
(d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of—
(A) an economic and financial analysis;
(B) a technical assessment; and
(C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems.
(2) The economic and financial analysis referred to in paragraph (1)(A) shall include—
(A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system;
(B) an examination of the potential markets for short-haul high-speed ground transportation systems and for intercity and long-haul high-speed ground transportation systems, including an assessment of—
(i) the current transportation practices and trends in each market; and
(ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation;
(C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing;
(D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities;
(E) a comparison of the projected costs of the various competing high-speed ground transportation technologies;
(F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network;
(G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth;
(H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities;
(I) an assessment of the potential for a high-speed ground transportation technology export market;
(J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation;
(K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and
(L) any other economic or financial analyses the Secretary considers important for carrying out this section.
(3) The technical assessment referred to in paragraph (1)(B) shall include—
(A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system;
(B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system;
(C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988;
(D) an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems;
(E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way;
(F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and
(G) any other technical assessments the Secretary considers important for carrying out this section.
(e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the "Policy").
(2) The Policy shall include—
(A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States;
(B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network;
(C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and
(D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies.
(3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy.
(Added
Editorial Notes
References in Text
Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of
National Magnetic Levitation Prototype Development Program
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4),
"(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and
"(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share.
"(4)
"(A)
"(i) 1 member to be appointed by the Secretary,
"(ii) 1 member to be appointed by the Assistant Secretary,
"(iii) 3 members to be appointed by the Senate majority and minority leaders, and
"(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House,
shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate.
"(B)
"(C)
"(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route.
"(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops.
"(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant.
"(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed.
"(v) The project shall be located in an area that provides a potential ridership base for future commercial operation.
"(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States.
"(vii) The project shall have at least 1 switch.
"(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode.
"(D)
"(5)
"(A)
"(B)
"(6)
"(7)
§310. Aligning Federal environmental reviews
(a)
(b)
(1) ensure that the Department of Transportation and agencies of jurisdiction possess sufficient information early in the review process to determine a statement of a transportation project's purpose and need and range of alternatives for analysis that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project;
(2) achieve early concurrence or issue resolution during the NEPA scoping process on the Department of Transportation's statement of a project's purpose and need, and during development of the environmental impact statement on the range of alternatives for analysis, that the lead agency and agencies of jurisdiction will rely on for concurrent environmental reviews and permitting decisions required for the proposed project absent circumstances that require reconsideration in order to meet an agency of jurisdiction's obligations under a statute or Executive order; and
(3) achieve concurrence or issue resolution in an expedited manner if circumstances arise that require a reconsideration of the purpose and need or range of alternatives considered during any Federal agency's environmental or permitting review in order to meet an agency of jurisdiction's obligations under a statute or Executive order.
(c)
(1)
(2)
(A) identify agencies of jurisdiction and cooperating agencies;
(B) develop the information needed for the purpose and need and alternatives for analysis; and
(C) improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.
(d)
(1)
(2)
(A) fully engaged;
(B) utilizing the flexibility of existing regulations, policies, and guidance; and
(C) identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions.
(3)
(A) work with State and local transportation entities to improve project planning, siting, and application quality; and
(B) consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes.
(4)
(e)
(f)
(1)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(2)
(A) progress in aligning Federal environmental reviews under this section; and
(B) the impact this section has had on accelerating the environmental review and permitting process.
(g)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a), (c)(1), (e), and (f)(1), (2), is the date of enactment of
The National Environmental Policy Act of 1969, referred to in subsec. (a), is
Amendments
2019—Subsec. (f)(1).
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Oct. 1, 2015, see section 1003 of
§311. Congressional notification requirements
(a)
(b)
(1) at least 3 full business days before the issuance of the allocation; or
(2) concurrently with the issuance of the allocation, if the allocation is made using the quick release process of the Department (or any successor process).
(c)
(1)
(A) the Committee on Transportation and Infrastructure of the House of Representatives; and
(B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(2)
(3)
(Added
§312. Alternative timing system
(a)
(1) to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (referred to in this section as "GPS"); and
(2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS timing signals are corrupted, degraded, unreliable, or otherwise unavailable.
(b)
(1)
(2)
(A) be wireless;
(B) be terrestrial;
(C) provide wide-area coverage;
(D) be synchronized with coordinated universal time;
(E) be resilient and extremely difficult to disrupt or degrade;
(F) be able to penetrate underground and inside buildings;
(G) be capable of deployment to remote locations;
(H) be developed, constructed, and operated incorporating applicable private sector expertise;
(I) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nationwide Differential GPS systems;
(J) be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Government within 10 years of initiation of operation;
(K) be capable of adaptation and expansion to provide position and navigation capabilities;
(L) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and
(M) incorporate such other elements as the Secretary considers appropriate.
(c)
(1)
(A) A plan to develop, construct, and operate the system required by subsection (a).
(B) A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.
(2)
(3)
(d)
(1)
(2)
(e)
(1)
(2)
(A) authorize the entity to sell timing and other services to commercial and non-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;
(B) require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;
(C) allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements for advanced timing resilience and technologies;
(D) require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third parties with the Secretary for at least 10 years after the date upon which the Secretary enters into the cooperative agreement;
(E) require the entity—
(i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and
(ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and
(F) require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.
(3)
(4)
(5)
(6)
(Added
Editorial Notes
References in Text
The date of enactment of the National Timing Resilience and Security Act of 2018, referred to in subsecs. (b)(1) and (c)(1), (2), is the date of enactment of section 514 of
Section 1618 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 1618 of
Amendments
2022—Subsec. (a).
2021—
Effective Date of 2021 Amendment
Section 8507(d) of div. G of
Statutory Notes and Related Subsidiaries
Short Title
For short title of section 514 of
1 So in original. The comma probably should not appear.
§313. Nontraditional and Emerging Transportation Technology Council
(a)
(b)
(1)
(A) the Secretary, who shall serve as an ex officio member of the Council;
(B) the Deputy Secretary of Transportation;
(C) the Under Secretary of Transportation for Policy;
(D) the Assistant Secretary for Research and Technology of the Department of Transportation;
(E) the Assistant Secretary for Budget and Programs of the Department of Transportation;
(F) the General Counsel of the Department of Transportation;
(G) the Chief Information Officer of the Department of Transportation;
(H) the Administrator of the Federal Aviation Administration;
(I) the Administrator of the Federal Highway Administration;
(J) the Administrator of the Federal Motor Carrier Safety Administration;
(K) the Administrator of the Federal Railroad Administration;
(L) the Administrator of the Federal Transit Administration;
(M) the Administrator of the Maritime Administration;
(N) the Administrator of the National Highway Traffic Safety Administration;
(O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and
(P) any other official of the Department of Transportation, as determined by the Secretary.
(2)
(A)
(B)
(c)
(1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transportation technologies, modes, or projects pending or brought before the Department of Transportation to reduce, to the maximum extent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with respect to—
(A) safety oversight;
(B) environmental review; and
(C) funding and financing issues;
(2) coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects;
(3) engage with stakeholders in nontraditional and emerging transportation technology projects; and
(4) develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects.
(d)
(1) publish initial guidelines to achieve the purposes described in subsection (c)(4); and
(2) promote each modal administration within the Department of Transportation to further test and support the advancement of nontraditional and emerging transportation technologies not specifically considered by the Council.
(e)
(f)
(g)
(1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and
(2) arrange for the detailing of staff between modal administrations or offices of the Department of Transportation as needed to maximize the sharing of experience and expertise.
(h)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (a) and (d), is the date of enactment of
SUBCHAPTER II—ADMINISTRATIVE
§321. Definitions
In this subchapter, "aeronautics", "air commerce", and "air navigation facility" have the same meanings given those terms in
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 321 | (no source). |
A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter.
Pub. L. 103–429
This makes a clarifying amendment to 49:321.
Editorial Notes
Amendments
1994—
1984—
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
§322. General powers
(a) The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.
(b) The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1),1 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned.
(c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers—
(1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;
(2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and
(3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.
(d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for—
(1) rent and personal services;
(2) travel expenses;
(3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;
(4) printing and binding;
(5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;
(6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;
(7) investigations and studies about aeronautics; and
(8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.
(e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that—
(1) making the property would require a substantial initial investment or an extended period of preparation; and
(2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 322(a) | 49:1657(e)(1) (last 19 words), (2) (last 19 words), (f), (g). | Oct. 15, 1966, |
| 322(b) | 49:1344(d) (less words after semicolon). | Aug. 23, 1958, |
| 49:1657(e)(1) (less last 19 words), (2) (less last 19 words), (3). | ||
| 5 App. U.S.C. | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §2, |
|
| 322(c) | 49:1343(i). | |
| 322(d) | 49:1344(a). | |
| 322(e) | 49:1344(e). | Aug. 23, 1958, |
In the chapter, the words "Secretary of Transportation" and "Secretary" are substituted for "Administrator" in the provisions of the Federal Aviation Act of 1958 (
In subsection (a), the words "may prescribe regulations to carry out the duties and powers" are substituted for "may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties" for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished.
In subsection (b), the words "Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties" before "the Secretary may" in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words "in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter" before "delegate" in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words "the duties and powers of the Secretary" are substituted for "any of his residual functions, powers, and duties" in 49:1657(e)(1) and "any of the functions transferred to him by this reorganization plan" in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968,
In subsection (c), before clause (1), the words "aviation duties and powers" are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words "those departments, agencies, and instrumentalities" are substituted for "such other agencies and instrumentalities" in 49:1343(i) for clarity and consistency. The words "aviation . . . Department" are substituted for "Administration" in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1).
In subsection (d), before clause (1), the words "aviation duties and powers" are substituted for "for the exercise and performance of the powers and duties vested in and imposed upon him by law" in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words "at the seat of government and elsewhere as may be necessary" after "expenditures" and "and as from time to time may be appropriated for by Congress" are omitted as surplus. In clause (8), the words "passenger-carrying aircraft and automobiles" are substituted for "passenger-carrying automobiles and aircraft" in 49:1344(a) for clarity. The words "such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary" after "aircraft" in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a) (proviso) is omitted as unnecessary.
In subsection (e), before clause (1), the words "or in support of" are omitted as surplus. In clause (1), the words "making the property" are substituted for "for manufacture" for clarity. In clause (2), the word "formal" is omitted as unnecessary. The word "unreasonably" is substituted for "unduly" for consistency.
Editorial Notes
References in Text
Statutory Notes and Related Subsidiaries
Electronic Signatures
Availability of Receipts From Fitness Centers For Operation and Maintenance of Facilities
Similar provisions were contained in the following prior appropriation acts:
Executive Order No. 11382
Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 33 F.R. 12719, upon establishment of Department of Transportation amended and revoked certain executive orders relating to transportation, and, in addition to any other authority, authorized Secretary of Transportation and Federal Aviation Administrator to redelegate and authorize successive redelegations of any authority conferred in the order or the orders amended by it.
1 See References in Text note below.
§323. Personnel
(a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers.
(b) The Secretary may procure services under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 323(a) | 49:1343(d). | Aug. 23, 1958, |
| 49:1343(f). | Aug. 23, 1958, |
|
| 49:1657(a). | Oct. 15, 1966, |
|
| 323(b) | 49:1343(g) (1st sentence 33d–43d words). | Aug. 23, 1958, |
| 49:1657(b). |
In the section, the word "pay" is substituted for "compensation" for consistency with title 5.
In subsection (a), the words "In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department" before "the Secretary" and "subject to the civil service and classification laws" before "to select" in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word "appoint" is substituted for "select, employ, appoint" because it is inclusive. The words "attorneys, and agents" after "employees" in 49:1343(d) and "including investigators, attorneys, and administrative law judges" after "employees" in 49:1657(a) are omitted as included in "officers and employees". The words "of the Department of Transportation" are substituted for "as are necessary to carry out the provisions of this chapter" for consistency.
The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (
In subsection (b), the word "procure" is substituted for "obtain" to conform to 5:3109. The words "unless otherwise specified in an appropriation Act" after "individuals" in 49:1657(b) are omitted as surplus.
Statutory Notes and Related Subsidiaries
Post-Employment Policy Study
"(1)
"(2)
"(A) the Committee on Commerce, Science, and Transportation of the Senate;
"(B) the Committee on Energy and Commerce of the House of Representatives; and
"(C) the Secretary of Transportation.
"(3)
§324. Members of the armed forces
(a) The Secretary of Transportation—
(1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and
(2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary.
(b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department.
(c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements.
(d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 324(a)(1) | 49:1343(a)(1) (1st sentence). | Aug. 23, 1958, |
| 324(a)(2) | 49:1657(c) (1st sentence). | Oct. 15, 1966, |
| 324(b) | 49:1657(p). | Oct. 15, 1966, |
| 324(c) | 49:1343(a)(1) (less 1st sentence). | |
| 49:1657(c) (less 1st sentence), (d)(2). | ||
| 324(d) | 49:1343(a)(2) (related to cooperative agreements). | |
| 49:1657(d)(1). |
In the section, the words "members of the armed forces" are substituted for "military personnel", "Members of the Army, the Navy, the Air Force, or the Marine Corps", and "members of the armed services" for clarity and to conform to title 10.
In subsection (a)(2), the words "other duties and powers of the Secretary" are substituted for "the functions of the Department" for clarity and consistency.
In subsection (b), the words "Notwithstanding any provision of this chapter or other law" before "a member" and "Subject to the provisions of title 5" before "a retired" are omitted as unnecessary.
In subsection (c), the words "The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which" are substituted for "by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation" in 49:1343(a)(1) and 49:1657(c) for clarity. The words "or the Coast Guard" before "may be detailed" in 49:1343(a)(1) (2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words "may be appointed, detailed, or assigned" are substituted for "may be detailed" for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words "to the Department of Transportation" are substituted for "for service in the Administration to effect such participation" in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words "in writing" after "annually" in 49:1657(d)(2) are omitted as unnecessary. The words "each member appointed, detailed, or assigned" are substituted for "personnel appointed" and "members of the armed services detailed" in 49:1657(d)(2) for clarity and consistency.
In subsection (d), the words "The Secretary of a military department" are substituted for "his armed force or any officer thereof" in 49:1657(d)(1) and "the department from which detailed or appointed or by any agency or officer thereof" in 49:1343(a)(2) for clarity and consistency. The words "directly or indirectly" before "with respect to" are omitted as surplus. The words "the duties and powers of . . . when those duties and powers pertain to the Department of Transportation" are substituted for "with respect to his responsibilities under this chapter or within the Administration" in 49:1343(a)(2) and "with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned" in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words "does not control" are substituted for "No . . . shall be subject to direction or control by" in 49:1343(a)(2) and "shall not be subject to direction by or control by" 49:1657(d)(1) for clarity. The words "the acceptance of" before "and service" and "any appointive or other" before "position" in 49:1657(d)(1) are omitted as unnecessary. The words "a member" are added because of the restatement of the section. The words "that member" are substituted for "commissioned officers or enlisted men" in 49:1343(a)(2) and "officers and enlisted men" in 49:1657(d)(1) because of the restatement of the section and to eliminate unnecessary words. The word "held" is substituted for "may occupy or hold" to eliminate unnecessary words. The words "right or benefit" are substituted for "emolument, perquisite, right, privilege, or benefit" to eliminate unnecessary words. The words "incident to or" before "arising" are omitted as surplus.
Statutory Notes and Related Subsidiaries
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 5th item on page 132), see section 3003 of
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§325. Advisory committees
(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint advisory committees to consult with and advise the Secretary in carrying out the duties and powers of the Secretary.
(b) While attending a committee meeting or otherwise serving at the request of the Secretary, a member of an advisory committee may be paid not more than $100 a day. A member is entitled to reimbursement for expenses under
(c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 325(a) | 49:1343(g) (1st sentence 1st–32d words). | Aug. 23, 1958, |
| 49:1657(o) (1st sentence). | Oct. 15, 1966, |
|
| 325(b) | 49:1343(g) (1st sentence 44th–53d words, last sentence). | |
| 49:1657(o) (last sentence). | ||
| 325(c) | 49:1343(g) (1st sentence 54th–last words). |
In subsection (a), the words "provisions of title 5 governing appointment in the competitive service" are substituted for "civil service laws" in 49:1657(o) for clarity and consistency. The words "as shall be appropriate for the purpose of" before "consultation" in 49:1657(o) are omitted as surplus. The words "the Secretary in carrying out the duties and powers of the Secretary" are substituted for "the Department in performance of its functions" in 49:1657(o) and "the Administration in performance of its functions hereunder" in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transportation.
In subsection (b), the word "compensation" after "may be paid" in 49:1657(o) is omitted as surplus. The words "not more than $100 a day" are substituted for "at rates not exceeding those authorized for individuals under subsection (b) of this section" in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words "A member is entitled to reimbursement for expenses under
In subsection (c), the words "A member of an advisory committee advising the Secretary" are substituted for "in the case of any individual" in 49:1343(g) for clarity. The words "may serve" are added for clarity and because of the restatement of the section. The words "in carrying out aviation duties and powers" are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration.
Statutory Notes and Related Subsidiaries
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See
§326. Gifts
(a) The Secretary of Transportation may accept and use conditional or unconditional gifts of property for the Department of Transportation. The Secretary may accept a gift of services in carrying out aviation duties and powers. Property accepted under this section and proceeds from that property must be used, as nearly as possible, under the terms of the gift.
(b) The Department has a fund in the Treasury. Disbursements from the fund are made on order of the Secretary. The fund consists of—
(1) gifts of money;
(2) income from property accepted under this section and proceeds from the sale of that property; and
(3) income from securities under subsection (c) of this section.
(c) On request of the Secretary of Transportation, the Secretary of the Treasury may invest and reinvest amounts in the fund in securities of, or in securities whose principal and interest is guaranteed by, the United States Government.
(d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 326(a) | 49:1344(c)(1). | Aug. 23, 1958, |
| 49:1657(m)(1) (1st, 3d sentences). | Oct. 15, 1966, |
|
| 326(b) | 49:1657(m)(1) (2d sentence), (3) (less 1st sentence). | |
| 326(c) | 49:1657(m)(3) (1st sentence). | |
| 326(d) | 49:1657(m)(2). |
In the section, the word "gifts" is substituted for "gifts and bequests" in 49:1657(m)(1) because it is inclusive.
In subsection (a), the words "accept and use" are substituted for "accept, hold, administer, and utilize", and the words "for the Department" are substituted for "for the purpose of aiding or facilitating the work of the Department" in 49:1657(m)(1), to eliminate unnecessary words. The word "property" is substituted for "property, both real and personal" in 49:1657(m)(1), and "gift or donation of money or other property, real and personal" in 49:1344(c)(1) to eliminate unnecessary words. The words "aviation duties and powers" are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words "under this section and proceeds from that property" are substituted for "pursuant to this paragraph, and the proceeds thereof" in 49:1657(m)(1) for clarity.
In subsection (b), the words "The Department has a" and "The fund consists of" are added for clarity and because of the restatement of the section. The word "separate" before "fund" is omitted as unnecessary and for consistency. The words "from the fund" are added for clarity. The words "accepted under this section" are substituted for "held by the Secretary pursuant to paragraph (1)" for clarity. The words "that property" are substituted for "other property received as gifts or bequests" to eliminate unnecessary words. The words "from securities under subsection (c) of this section" are substituted for "accruing from such securities" for clarity.
In subsection (c), the words "amounts in the fund" are substituted for "any moneys contained in the fund provided for in paragraph (1)" for clarity and consistency.
In subsection (d), the words "under this section" are substituted for "under paragraph (1)" because of the restatement of the section. The words "the Internal Revenue Code of 1954 (
Editorial Notes
Amendments
1986—Subsec. (d).
§327. Administrative working capital fund
(a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of operating and maintaining common administrative services the Secretary of Transportation decides are desirable for the efficiency and economy of the Department. The services may include—
(1) a central supply service for stationery and other supplies and equipment through which adequate stocks may be maintained to meet the requirements of the Department;
(2) central messenger, mail, telephone, and other communications services;
(3) office space;
(4) central services for document reproduction, and for graphics and visual aids; and
(5) a central library service.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The fund consists of—
(1) amounts appropriated to the fund;
(2) the reasonable value of stocks of supplies, equipment, and other assets and inventories on order that the Secretary transfers to the fund, less the related liabilities and unpaid obligations;
(3) amounts received from the sale or exchange of property; and
(4) payments received for loss or damage to property of the fund.
(d) The fund shall be reimbursed, in advance, from amounts available to the Department or from other sources, for supplies and services at rates that will approximate the expenses of operation, including the accrual of annual leave and the depreciation of equipment. Amounts in the fund, in excess of amounts transferred or appropriated to maintain the fund, shall be deposited in the Treasury as miscellaneous receipts. All assets, liabilities, and prior losses are considered in determining the amount of the excess.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 327(a) | 49:1657(j) (1st sentence less 11th–17th words). | Oct. 15, 1966, |
| 327(b) | 49:1657(j) (1st sentence 11th–17th words, 2d sentence, 18th–22d words). | |
| 327(c) | 49:1657(j) (2d sentence less 18th–22d words, 4th sentence). | |
| 327(d) | 49:1657(j) (less 1st, 2d, 4th sentences). |
In subsection (a), the words "Department of Transportation has" are substituted for "Secretary is authorized to establish" because the working capital fund has been established. The words "administrative" before "working" and "Amounts in the fund are available" are added for clarity. The words "the Secretary of Transportation decides are" are substituted for "as he shall find to be" for clarity. The words "desirable for the economy" are substituted for "desirable in the interest of economy" to eliminate unnecessary words. The words "such services as" before "a central supply service" and "in whole or in part" before "the requirements of the Department" are omitted as surplus. The words "the requirements of the Department" are substituted for "the requirements of the Department and its agencies" because they are inclusive.
In subsection (b), the words "Amounts in the fund" are added for clarity. The words "Amounts may be appropriated to the fund" are substituted for "(which appropriations are hereby authorized)" for clarity.
In subsection (c), the words "The fund consists of" are substituted for "The capital of the fund shall consist of" and "The fund shall also be credited with" for clarity. The word "reasonable" is substituted for "fair and reasonable" because it is inclusive. The words "amounts appropriated to the fund" are substituted for "of any appropriations made for the purpose of providing capital" for clarity. The words "amounts received from the sale" are substituted for "receipts from the sale", and the words "payments received for loss" are substituted for "receipts in payment for", as being more precise.
In subsection (d), the words "agencies and offices in" after "available funds of" are omitted because they are included in "Department". The words "Amounts in the fund, in excess of amounts" are added for clarity. The words "any surplus found in the fund . . . above the" after "miscellaneous receipts" are omitted because of the restatement of this section. The words "to establish and" before "maintain" are omitted because the working capital fund has been established. The words "deposited in the Treasury" are substituted for "covered into the United States Treasury" for consistency. The words "are . . . in determining the amount of the excess" are added for clarity.
§328. Transportation Systems Center working capital fund
(a) The Department of Transportation has a Transportation Systems Center working capital fund. Amounts in the fund are available for financing the activities of the Center, including research, development, testing, evaluation, analysis, and related activities the Secretary of Transportation approves, for the Department, other agencies, State and local governments, other public authorities, private organizations, and foreign countries.
(b) Amounts in the fund are available without regard to fiscal year limitation. Amounts may be appropriated to the fund.
(c) The capital of the fund consists of—
(1) amounts appropriated to the fund;
(2) net assets of the Center as of October 1, 1980, including unexpended advances made to the Center for which valid obligations were incurred before October 1, 1980;
(3) the reasonable value of property and other assets transferred to the fund after September 30, 1980, less the related liabilities and unpaid obligations; and
(4) the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with—
(1) advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for—
(A) services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and
(B) acquiring property and equipment under regulations the Secretary prescribes; and
(2) receipts from the sale or exchange of property or in payment for loss or damage of property held by the fund.
(e) The Secretary shall deposit at the end of each fiscal year, in the Treasury as miscellaneous receipts, amounts accruing in the fund that the Secretary decides are in excess of the needs of the fund.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 328(a) | 49:1657(r)(1) (1st sentence, 2d sentence words before last comma, last sentence). | Oct. 15, 1966, |
| 328(b) | 49:1657(r)(1) (2d sentence words after last comma), (2)(B) (words after last comma). | |
| 328(c) | 49:1657(r)(2)(A), (B) (words before last comma), (C). | |
| 328(d) | 49:1657(r)(3). | |
| 328(e) | 49:1657(r)(4). |
In subsection (a), the words "Department of Transportation has" are substituted for "Secretary is authorized to establish" because the working capital fund has been established. The text of 49:1657(r)(1) (2d sentence words before last comma) are omitted as executed. The words "The Transportation Systems Center is authorized to perform" are omitted as unnecessary because of the restatement. The word "approves" is substituted for "direct . . . and, when approved by the Secretary" to eliminate unnecessary words. The words "or his designee" are omitted because of section 322(b) of the revised title.
In subsection (c)(3) and (4), the words "fair and" are omitted as surplus.
In subsection (c)(3), the words "by the Department and other agencies of the Government" are omitted as surplus.
In subsection (c)(4), the words "from other sources" are omitted as surplus.
In subsection (d)(1), before clause (A), the words "or his designee" are omitted because of section 322(b) of the revised title.
In subsection (e), the words "The Secretary shall deposit" are substituted for "there shall be transferred" for clarity and consistency. The words "in the fund" are added for clarity.
§329. Transportation information
(a) The Secretary of Transportation may collect and collate transportation information the Secretary decides will contribute to the improvement of the transportation system of the United States. To the greatest practical extent, the Secretary shall use information available from departments, agencies, and instrumentalities of the United States Government and other sources. To the extent practical, the Secretary shall make available to other Government departments, agencies, and instrumentalities and to the public the information collected under this subsection.
(b) The Secretary shall—
(1) collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under
(A) shall not disseminate fare information for a specific flight to the general public for a period of at least 9 months following the date of the flight; and
(B) shall give due consideration to and address confidentiality concerns of carriers, including competitive implications, in any rulemaking prior to adoption of a rule requiring the dissemination to the general public of any flight-specific fare;
(2) study the possibilities of developing air commerce and the aeronautical industry; and
(3) exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
(c)(1) On the written request of a person, a State, territory, or possession of the United States, or a political subdivision of a State, territory, or possession, the Secretary may—
(A) make special statistical studies on foreign and domestic transportation;
(B) make special studies on other matters related to duties and powers of the Secretary;
(C) prepare, from records of the Department of Transportation, special statistical compilations; and
(D) provide transcripts of studies, tables, and other records of the Department.
(2) The person or governmental authority requesting information under paragraph (1) of this subsection must pay the actual cost of preparing the information. Payments shall be deposited in the Treasury in an account that the Secretary shall administer. The Secretary may use amounts in the account for the ordinary expenses incidental to getting and providing the information.
(d) To assist in carrying out duties and powers under part A of subtitle VII of this title, the Secretary of Transportation shall maintain separate cooperative agreements with the Secretary of Defense and the Administrator of the National Aeronautics and Space Administration for the timely exchange of information on their programs, policies, and requirements directly related to carrying out that part.
(e)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 329(a) | 49:1634. | Sept. 30, 1965, |
| 49:1655(a)(2)(A) (related to 49:1634). | Oct. 15, 1966, |
|
| 329(b) | 49:1352. | Aug. 23, 1958, |
| 329(c)(1) | 49:1657(n)(1) (less last 17 words). | |
| 329(c)(2) | 49:1657(n)(1) (last 17 words), (2). | |
| 329(d) | 49:1343(b). | Aug. 23, 1958, |
In subsection (a), the word "information" is substituted for "data, statistics, and other information" in 49:1634 to eliminate unnecessary words. The words "transportation system of the United States" are substituted for "national transportation system" in 49:1634 for clarity and consistency. The words "in carrying out this activity" before "the Secretary shall" in 49:1634 are omitted as surplus. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" in 49:1634 for clarity and consistency. The words "To the greatest extent practical" are substituted for "insofar as practicable" in 49:1634 for consistency. The words "The Secretary shall" are added for clarity.
In subsection (b), the words "by the National Transportation Safety Board under title VII of the Federal Aviation Act of 1958 (
In subsection (c)(1), the words "of the United States" are added for clarity and consistency. The words "of a State, territory, or possession" are substituted for "thereof" after "subdivision" for clarity. The words "related to the duties and powers of the Secretary" are substituted for "falling within the province of the Department" for clarity and consistency.
In subsection (c)(2), the words "governmental authority requesting information under paragraph (1) of this subsection" are substituted for "body requesting it" for clarity and consistency. The word "separate" before "account" is omitted as unnecessary and for consistency. The words "must pay" are substituted for "upon the payment" after "other records" for clarity. The words "preparing the information" are substituted for "such work" after "actual cost of" for clarity. The word "payments" is substituted for "All moneys received by the Department in payment of the cost of work under paragraph (1)" to eliminate unnecessary words. The words "in the Treasury" are added for clarity and consistency. The words "The Secretary may use amounts in the account" are substituted for "These moneys may be used, in the discretion of the Secretary" for clarity and to eliminate unnecessary words. The words "to getting and providing the information" are substituted for "to the work and/or to secure in connection therewith the special services of persons who are neither officers nor employees of the United States" for clarity and to eliminate unnecessary words.
In subsection (d), the words "in carrying out duties and powers under the Federal Aviation Act of 1958 (
Pub. L. 103–272
Section 4(j)(7) amends 49:329 to omit references to overseas air transportation because there no longer is a distinction between interstate air transportation and overseas air transportation.
Pub. L. 104–287
This amends 49:329 to make conforming amendments necessary because of the codification enacted by section 1 of the Act of July 5, 1994 (
Editorial Notes
Amendments
—2003—Subsec. (b)(1).
Subsec. (e).
1996—Subsec. (b)(1).
Subsec. (d).
1994—Subsec. (b)(1).
Subsec. (d).
1984—Subsec. (b)(1).
Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment
Amendment by section 421 of
Effective Date of 1984 Amendment
Department of Transportation Public Drug and Alcohol Testing Database
"(a)
"(1) not later than March 31, 2019, establish and make publicly available on its website a database of the drug and alcohol testing data reported by employers for each mode of transportation; and
"(2) update the database annually.
"(b)
"(1) the total number of drug and alcohol tests by type of substance tested;
"(2) the drug and alcohol test results by type of substance tested;
"(3) the reason for the drug or alcohol test, such as pre-employment, random, post-accident, reasonable suspicion or cause, return-to-duty, or follow-up, by type of substance tested; and
"(4) the number of individuals who refused testing.
"(c)
"(d)
§330. Research activities
(a)
(b)
(1) give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary;
(2) participate in coordinating all research started under this section;
(3) indicate the lines of inquiry most important to the Secretary; and
(4) encourage and assist in establishing and maintaining cooperation by and between contractors and between them and other research organizations, the Department of Transportation, and other departments, agencies, and instrumentalities of the United States Government.
(c)
(d)
(1) Coordination, facilitation, and review of Department of Transportation research and development programs and activities.
(2) Advancement, and research and development, of innovative technologies, including intelligent transportation systems.
(3) Comprehensive transportation statistics research, analysis, and reporting.
(4) Education and training in transportation and transportation-related fields.
(5) Activities of the Volpe National Transportation Systems Center.
(6) Coordination in support of multimodal and multidisciplinary research activities.
(e)
(1) enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons to conduct research into transportation service and infrastructure assurance and to carry out other research activities of the Department of Transportation;
(2) carry out, on a cost-shared basis, collaborative research and development to encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology with—
(A) non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;
(B) Federal laboratories; and
(C) other Federal agencies; and
(3) directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 (
(f)
(1)
(2)
(3)
(g)
(h)
(i)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 330(a) | 49:1657(q)(1). | Oct. 15, 1966, |
| 49:1657(q)(2) (1st sentence). | ||
| 330(b) | 49:1657(q)(2) (less 1st sentence). | |
| 330(c) | 49:1657(q)(3). |
In subsection (a), the words "may make contracts" are substituted for "is authorized to enter into contracts" to eliminate unnecessary words. The words "the conduct of" before "scientific" are omitted as surplus. The words "a problem" are substituted for "any aspect of the problems" because of the style of the revised title. The words "carried out by the Secretary" are substituted for "of the Department which are authorized by statute" because the Secretary of Transportation is vested with all duties and powers. The words "Before making a contract" are substituted for "with which he expects to enter into contracts pursuant to this subsection" for clarity and to eliminate unnecessary words. The words "is able to carry out the contract" are substituted for "have the capability of doing effective work" for clarity.
In subsection (b), before clause (1), the words "In carrying out this section" are added for clarity. In clause (1), the word "give" is substituted for "furnish" before "such advice" for consistency. The words "duties and powers of the Secretary" are substituted for "mission of the Department" for clarity and consistency. In clause (4), the word "contractors" is substituted for "the institutions, agencies, organizations, or persons" to eliminate unnecessary words. The words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal agencies" for clarity and consistency.
In subsection (c), the words "considers relevant" are substituted for "as he deems pertinent" as more precise. The words "from time to time" before "disseminate" and "in the form of reports or . . . to public or private agencies or organizations, or individuals" before "such information" are omitted as unnecessary.
Editorial Notes
References in Text
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (h), is
Amendments
2015—
Subsecs. (a) to (c).
Subsecs. (d) to (i).
Statutory Notes and Related Subsidiaries
Effective Date of 2015 Amendment
Amendment by
Volpe Oversight
"(a)
"(b)
"(1)
"(2)
"(A) the amount of Department funding provided to the Volpe Center, as compared to other Federal and non-Federal research partners;
"(B) the process used by the Department to determine whether to work with the Volpe Center, as compared to any other Federal or non-Federal research partner;
"(C) the extent to which the Department is collaborating with the Volpe Center to address research needs relating to emerging issues; and
"(D) whether the operation of the Volpe Center is duplicative of other public or private sector efforts."
Conflicts of Interest
"(1)
"(2)
"(A)
"(B)
"(C)
§331. Service, supplies, and facilities at remote places
(a) When necessary and not otherwise available, the Secretary of Transportation may provide for, construct, or maintain the following for officers and employees of the Department of Transportation and their dependents stationed in remote places:
(1) emergency medical services and supplies.
(2) food and other subsistence supplies.
(3) messing facilities.
(4) motion picture equipment and film for recreation and training.
(5) living and working quarters and facilities.
(6) reimbursement for food, clothing, medicine, and other supplies provided by an officer or employee in an emergency for the temporary relief of individuals in distress.
(b) The Secretary shall prescribe reasonable charges for medical treatment provided under subsection (a)(1) of this section and for supplies and services provided under subsection (a)(2) and (3) of this section. Amounts received under this subsection shall be credited to the appropriation from which the expenditure was made.
(c) When appropriations for a fiscal year for aviation duties and powers have not been made before June 1 immediately before the beginning of the fiscal year, the Secretary may designate an officer, and authorize that officer, to incur obligations to buy and transport supplies to carry out those duties and powers at installations outside the 48 contiguous States and the District of Columbia. The amount obligated under this subsection in a fiscal year may be not more than 75 percent of the amount available for buying and transporting supplies to those installations for the then current fiscal year. Payment of obligations under this subsection shall be made from appropriations for the next fiscal year when available.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 331(a) | 49:1657(l) (less last sentence). | Oct. 15, 1966, |
| 331(b) | 49:1657(l) (last sentence). | |
| 331(c) | 49:1344(b). | Aug. 23, 1958, |
In subsection (a), the text of 49:1657(l) (words before 3d comma) is omitted as unnecessary. The words "of the Department of Transportation" are added for clarity. In clause (6), the words "individuals in distress" are substituted for "distressed persons" as being more precise.
In subsection (b), the words "The Secretary shall prescribe reasonable charges" are substituted for "shall be at prices reflecting reasonable value as determined by the Secretary" for clarity and to eliminate surplus words. The words "services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section" are substituted for "The furnishing of medical treatment under paragraph (1) and the furnishing of services and supplies under paragraphs (2) and (3) of this subsection" to eliminate surplus words. The words "Amounts received under this subsection" are substituted for "and the proceeds therefrom" for clarity.
In subsection (c), the words "aviation duties and powers" are substituted for "the Administration" in 49:1344(b) because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The words "before June 1" are substituted for "prior to the first day of March" in 49:1344(b) to conform to the change in the start of the fiscal year from July 1 to October 1 under 31:1020(a)(2). The words "and materials necessary" after "supplies" in 49:1344(b) are omitted as surplus. The words "to carry out those duties and powers" are substituted for "necessary to the proper execution of the Secretary of Transportation's functions" in 49:1344(b) for clarity and consistency. The words "the 48 contiguous States and the District of Columbia" are substituted for "the continental United States" in 49:1344(b) for clarity. The words "including those in Alaska" before "in amounts" in 49:1344(b) are omitted as unnecessary because of the restatement of the section. The words "The amount obligated under this subsection in a fiscal year" in 49:1344(b) are added for clarity. The words "available for buying and transporting supplies to those installations" are substituted for "made available for such purposes" in 49:1344(b) for clarity. The word "succeeding" after "next" in 49:1344(b) is omitted as surplus.
Pub. L. 103–272
Section 4(j)(8) amends 49:331(b) to follow more closely the language in former 49:1657(l) on which it was based.
Editorial Notes
Amendments
1994—Subsec. (b).
§332. Minority Resource Center
(a) In this section, "minority" includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may—
(1) include a national information clearinghouse for minority entrepreneurs and businesses to disseminate information to them on business opportunities related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the railroads of the United States;
(2) carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities;
(3) assist minority entrepreneurs and businesses in obtaining investment capital and debt financing;
(4) design and carry out programs to encourage, promote, and assist minority entrepreneurs and businesses in getting contracts, subcontracts, and projects related to those business opportunities;
(5) develop support mechanisms (including venture capital, surety and bonding organizations, and management and technical services) that will enable minority entrepreneurs and businesses to take advantage of those business opportunities;
(6) participate in, and cooperate with, United States Government programs and other programs designed to provide financial, management, and other forms of support and assistance to minority entrepreneurs and businesses; and
(7) make arrangements to carry out this section.
(c) The Center has an advisory committee of 5 individuals appointed by the Secretary of Transportation. The Secretary shall make the appointments from lists of qualified individuals recommended by minority-dominated trade associations in the minority business community. Each of those trade associations may submit a list of not more than 3 qualified individuals.
(d) The United States Railway Association, the Consolidated Rail Corporation, and the Secretary shall provide the Center with relevant information (including procurement schedules, bids, and specifications on particular maintenance, rehabilitation, restructuring, improvement, and revitalization projects) the Center requests in carrying out this section.
(e)
(1)
(2)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 332(a) | 49:1657a(e). | Oct. 15, 1966, |
| 332(b) | 49:1657a(a), (c). | |
| 332(c) | 49:1657a(b). | |
| 332(d) | 49:1657a(d). |
In subsection (b), before clause (1), the word "has" is substituted for "The Secretary shall, within 180 days after February 5, 1976, establish" because the time for establishing the Center has expired and the Center has been established. The words "The Department of Transportation" are added because of the restatement of the section. The words "(hereafter in this section referred to as the 'Center')" after "Minority Resource Center" are omitted because of the style of the revised title.
In subsection (b)(1), the word "include" is substituted for "establish and maintain", and the words "to disseminate information" are substituted for "and disseminate information from", for clarity. The words "to them . . . related to" are substituted for "to such entrepreneurs and businesses . . . with respect to" to omit unnecessary words. The words "for purposes of furnishing . . . information" before "with respect to" are omitted as surplus.
In subsection (b)(2), the words "those business opportunities" are substituted for "such opportunities" after "identify" for clarity.
In subsection (b)(4), the words "those business opportunities" are substituted for "the maintenance, rehabilitation, restructuring, improvement, and revitalization of the Nation's railroads" to eliminate surplus words.
In subsection (b)(5), the words "related to the maintenance, rehabilitation, restructuring, improvement, and revitalization of the nation's railroads" are omitted as unnecessary because of the restatement.
In subsection (b)(7), the words "make arrangements" are substituted for "enter into such contracts, cooperative agreements, or other transactions" to eliminate unnecessary words. The words "as may be necessary" after "transactions" are omitted as surplus. The words "to carry out this section" are substituted for "in the conduct of its functions and duties" for clarity and consistency.
In subsection (c), the words "The Secretary shall make the appointments" and the words "Each of those trade associations may submit a list of not more than" are added for clarity and because of the restatement of the section.
In subsection (d), the words "in carrying out this section" are substituted for "in connection with the performance of its functions" for clarity and consistency.
Editorial Notes
Amendments
2005—Subsec. (e).
Statutory Notes and Related Subsidiaries
Abolition of United States Railway Association and Transfer of Functions and Securities
The United States Railway Association abolished effective Apr. 1, 1987, all powers, duties, rights, and obligations of Association relating to Consolidated Rail Corporation under the Regional Rail Reorganization Act of 1973 (
§333. Responsibility for rail transportation unification and coordination projects
(a) The Secretary of Transportation may develop and make available to interested persons any plans, proposals, and recommendations for mergers, consolidations, reorganizations, and other unification or coordination projects for rail transportation (including arrangements for joint use of tracks and other facilities and acquisition or sale of assets) that the Secretary believes will result in a rail system that is more efficient and consistent with the public interest.
(b) To achieve a more efficient, economical, and viable rail system in the private sector, the Secretary, when requested by a rail carrier and under this section, may assist in planning, negotiating, and carrying out a unification or coordination of operations and facilities of at least 2 rail carriers.
(c)(1) The Secretary may conduct studies to determine the potential cost savings and possible improvements in the quality of rail transportation that are likely to result from unification or coordination of at least 2 rail carriers, through—
(A) elimination of duplicating or overlapping operations and facilities;
(B) reducing switching operations;
(C) using the shortest or more efficient and economical routes;
(D) exchanging trackage rights;
(E) combining trackage and terminal or other facilities;
(F) upgrading tracks and other facilities used by at least 2 rail carriers;
(G) reducing administrative and other expenses; and
(H) other measures likely to reduce costs and improve rail transportation.
(2) When the Secretary requests information for a study under this section, a rail carrier shall provide the information requested. In carrying out this section, the Secretary may designate an officer or employee to get from a rail carrier information on the kind, quality, origin, destination, consignor, consignee, and routing of property. This information may be obtained without the consent of the consignor or consignee notwithstanding
(d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference—
(A) officers and directors of an affected rail carrier;
(B) representatives of rail carrier employees who may be affected;
(C) representatives of the Surface Transportation Board;
(D) State and local government officials, shippers, and consumer representatives; and
(E) representatives of the Federal Trade Commission and the Attorney General.
(2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project.
(e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Surface Transportation Board under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 333(a) | 49:1654(a). | Oct. 15, 1966, |
| 333(b) | 49:1654(b). | |
| 333(c) | 49:1654(c). | |
| 333(d) | 49:1654(d). | |
| 333(e) | 49:1654(e). |
In the section, the word "transportation" is substituted for "services" for consistency.
In subsection (a), the words "feasible" and "but not limited to" are omitted as surplus.
In subsection (b), the words "In order" are omitted as surplus. The words "at least 2" are substituted for "two or more" for consistency.
In subsection (c)(1), the words "as are deemed" are omitted as unnecessary.
In subsection (c)(2), the words "and the study described in section 901 of the Railroad Revitalization and Regulatory Reform Act of 1976" and "or such section 901" are omitted as executed. The word "nature" is omitted as covered by "kind". The word "When" is substituted for "to the extent" for consistency. The word "necessary" is omitted as being included in "appropriate". A cross-reference to section 203(c) of the Regional Rail Reorganization Act of 1973 is included even though the law is unclear because section 1149 of the Omnibus Reconciliation Act of 1981 (
In subsection (d)(1)(A), the word "appropriate" is omitted as surplus.
In subsection (d)(1)(C), the words "representatives of" are added for consistency in the section.
In subsection (e), the words "in his judgment" are omitted as unnecessary and covered by "decide". The word "satisfies" is substituted for "is in accordance with the standards set forth in" to eliminate unnecessary words.
Editorial Notes
References in Text
Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to
Amendments
2012–Subsec. (d)(1)(C).
Subsec. (e).
1995—Subsec. (c)(2).
Subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by
Effective Date of 1995 Amendment
Amendment by
[§§334, 335. Repealed. Pub. L. 103–272, §4(j)(9)(A), July 5, 1994, 108 Stat. 1367 ]
Section 334,
Section 335,
§336. Civil penalty procedures
(a) After notice and an opportunity for a hearing, a person found by the Secretary of Transportation to have violated a provision of law that the Secretary carries out through the Maritime Administrator or the Commandant of the Coast Guard or a regulation prescribed under that law by the Secretary for which a civil penalty is provided, is liable to the United States Government for the civil penalty provided. The amount of the civil penalty shall be assessed by the Secretary by written notice. In determining the amount of the penalty, the Secretary shall consider the nature, circumstances, extent, and gravity of the prohibited acts committed and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and other matters that justice requires.
(b) The Secretary may compromise, modify, or remit, with or without consideration, a civil penalty until the assessment is referred to the Attorney General.
(c) If a person fails to pay an assessment of a civil penalty after it has become final, the Secretary may refer the matter to the Attorney General for collection in an appropriate district court of the United States.
(d) The Secretary may refund or remit a civil penalty collected under this section if—
(1) application has been made for refund or remission of the penalty within one year from the date of payment; and
(2) the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
(Added
Statutory Notes and Related Subsidiaries
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§337. Budget request for the Director of Intelligence and Security
The annual budget the Secretary of Transportation submits shall include a specific request for the Office of the Director of Intelligence and Security. In deciding on the budget request for the Office, the Secretary shall consider recommendations in the annual report submitted under
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 337 | 49 App.:1652b (note). | Nov. 16, 1990, |
The words "the Secretary of Transportation submits" are substituted for "submission for the Department of Transportation", and the words "budget request for the Office" are substituted for "budget request for the Director", for clarity and consistency in the revised title and with other titles of the United States Code.
SUBCHAPTER III—MISCELLANEOUS
§351. Judicial review of actions in carrying out certain transferred duties and powers
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 351 | 49 App.:1653(c). | Oct. 15, 1966, |
In this subchapter, the words "duty or power" are substituted for "functions, powers, and duties" for clarity and consistency. The words "department, agency, or instrumentality of the United States Government" are substituted for "department or agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (a), the word "orders" is omitted as being included in "action".
Editorial Notes
References in Text
The Department of Transportation Act, referred to in subsecs. (a) and (b), is
Amendments
2005—Subsec. (a).
Statutory Notes and Related Subsidiaries
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 352 | 49 App.:1653(d). | Oct. 15, 1966, |
The words "force and" are omitted as surplus.
Editorial Notes
References in Text
The Department of Transportation Act, referred to in text, is
Amendments
2005—
§353. Toxicological testing of officers and employees
(a)
(b)
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 353 | 49 App.:1657–1. | Nov. 28, 1990, |
In this section, the words "officer or employee" are substituted for "employee" for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words "Secretary of Transportation or the head of a component of the Department of Transportation" are substituted for "Department of Transportation, including any of its agencies" for consistency in the revised title and with other titles of the Code.
In subsection (b), the word "Secretary" is substituted for "Office of the Secretary of Transportation" for consistency in the revised title and with other titles of the Code. The words "within that agency" are omitted as unnecessary.
In subsection (c), the words "An officer or employee required to submit to toxicological testing may not assert" are substituted for "may not be asserted" for clarity.
§354. Investigative authority of Inspector General
(a)
(b)
(Added and amended
Editorial Notes
Codification
The text of section 228 of
Amendments
2003—
Statutory Notes and Related Subsidiaries
Deposit of Forfeited Funds
Similar provisions were contained in the following prior appropriation act:
§355. Motorcyclist Advisory Council
(a)
(b)
(1)
(A) 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including—
(i) motorcycle and motorcyclist safety;
(ii) barrier and road design, construction, and maintenance; or
(iii) intelligent transportation systems;
(B) 1 shall be a motorcyclist who serves as a State or local—
(i) traffic and safety engineer;
(ii) design engineer; or
(iii) other transportation department official;
(C) 1 shall be a representative of a national association of State transportation officials;
(D) 1 shall be a representative of a national motorcyclist association;
(E) 1 shall be a representative of a national motorcyclist foundation;
(F) 1 shall be a representative of a national motorcycle manufacturing association;
(G) 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States;
(H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and
(I) 1 shall be a member of a national safety organization that represents the traffic safety systems industry.
(2)
(A)
(B)
(C)
(i) the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and
(ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed.
(3)
(4)
(c)
(1)
(A) motorcycle and motorcyclist safety;
(B) barrier and road design, construction, and maintenance practices; and
(C) the architecture and implementation of intelligent transportation system technologies.
(2)
(d)
(1)
(A)
(B)
(i)
(ii)
(2)
(A)
(i) the Committee on Commerce, Science, and Transportation of the Senate;
(ii) the Committee on Environment and Public Works of the Senate;
(iii) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate;
(iv) the Committee on Transportation and Infrastructure of the House of Representatives; and
(v) the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives.
(B)
(i) each recommendation contained in the Council report covered by the review; and
(ii)(I) each recommendation of the Council that was categorized under paragraph (1)(B)(ii) as being under consideration by the Secretary in the preceding review submitted under this paragraph; and
(II) for each such recommendation, whether the recommendation—
(aa) is accepted or rejected by the Secretary; or
(bb) remains under consideration by the Secretary.
(3)
(e)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of