CHAPTER 3 - GENERAL DUTIES AND POWERS
Title 49 > CHAPTER 3
Sections (36)
§ 301 Leadership, consultation, and cooperation
The Secretary of Transportation shall— 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; provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation; coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States; promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; 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; promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science; 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; consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and 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. ( Pub. L. 97–449, § 1(b) , Jan. 12, 1983 , 96 Stat. 2418 ; Pub. L. 102–240, title V, § 5002(a) , title VI, § 6017, Dec. 18, 1991 , 105 Stat. 2158 , 2183; Pub. L. 105–178, title I, § 1504 , June 9, 1998 , 112 Stat. 251 .)
§ 302 Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
(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— for effectiveness and safety in transportation systems; and of national defense.
(d) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by— conducting economic and technological research; demonstrating advancements in high-speed ground transportation technologies; establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and minimizing the long-term risks of investors. 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) Intermodal Transportation.— It is the policy of the United States Government to encourage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-efficient manner, provide the foundation for improved productivity growth, strengthen the Nation’s ability to compete in the global economy, and obtain the optimum yield from the Nation’s transportation resources.
§ 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) Approval of Programs and Projects.— Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 1 of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if— there is no prudent and feasible alternative to using that land; and 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) De Minimis Impacts.— The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(1) shall be considered to be satisfied with respect to an area described in paragraph (3) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on the area. The requirements of subsection (c)(2) with respect to an area described in paragraph (3) shall not include an alternatives analysis. In making any determination under this subsection, the Secretary shall consider to be part of a transportation program or project any avoidance, minimization, mitigation, or enhancement measures that are required to be implemented as a condition of approval of the transportation program or project. With respect to historic sites, the Secretary may make a finding of de minimis impact only if— the Secretary has determined, in accordance with the consultation process required under section 306108 of title 54 , United States Code, 2 that— the transportation program or project will have no adverse effect on the historic site; or there will be no historic properties affected by the transportation program or project; 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 the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A). With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if— 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 the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge.
(e) Satisfaction of Requirements for Certain Historic Sites.— The Secretary shall— align, to the maximum extent practicable, the requirements of this section with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and section 306108 of title 54 , including implementing regulations; and 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). If, in an analysis required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), the Secretary determines that there is no feasible or prudent alternative to avoid use of a historic site, the Secretary may— include the determination of the Secretary in the analysis required under that Act; provide a notice of the determination to— each applicable State historic preservation officer and tribal historic preservation officer; the Council, if the Council is participating in the consultation process under section 306108 of title 54 ; and the Secretary of the Interior; and 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). If the applicable preservation officer, the Council, and the Secretary of the Interior each provide a concurrence requested under subparagraph (A)(iii), no further analysis under subsection (c)(1) shall be required. A notice of a determination, together with each relevant concurrence to that determination, under subparagraph (A) shall— be included in the record of decision or finding of no significant impact of the Secretary; and 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). If the Secretary, the applicable preservation officer, the Council, and the Secretary of the Interior concur that no feasible and prudent alternative exists as described in paragraph (2), the Secretary may provide to the applicable preservation officer, the Council, and the Secretary of the Interior notice of the intent of the Secretary to satisfy subsection (c)(2) through the consultation requirements of section 306108 of title 54 . To satisfy subsection (c)(2), the applicable preservation officer, the Council, and the Secretary of the Interior shall concur in the treatment of the applicable historic site described in the memorandum of agreement or programmatic agreement developed under section 306108 of title 54 .
(f) References to Past Transportation Environmental Authorities.— The requirements of this section are commonly referred to as section 4(f) requirements (see section 4(f) of the Department of Transportation Act ( Public Law 89–670 ; 80 Stat. 934 ) as in effect before the repeal of that section). The requirements of section 306108 of title 54 are commonly referred to as section 106 requirements (see section 106 of the National Historic Preservation Act of 1966 ( Public Law 89–665 ; 80 Stat. 917 ) as in effect before the repeal of that section).
(g) Bridge Exemption From Consideration.— A common post-1945 concrete or steel bridge or culvert (as described in 77 Fed. Reg. 68790) that is exempt from individual review under section 306108 of title 54 shall be exempt from consideration under this section.
(h) Rail and Transit.— Improvements to, or the maintenance, rehabilitation, or operation of, railroad or rail transit lines or elements thereof that are in use or were historically used for the transportation of goods or passengers shall not be considered a use of a historic site under subsection (c), regardless of whether the railroad or rail transit line or element thereof is listed on, or eligible for listing on, the National Register of Historic Places. Paragraph (1) shall not apply to— stations; or bridges or tunnels located on— railroad lines that have been abandoned; or transit lines that are not in use. The bridges and tunnels referred to in subparagraph (A)(ii) do not include bridges or tunnels located on railroad or transit lines— over which service has been discontinued; or that have been railbanked or otherwise reserved for the transportation of goods or passengers.
§ 303a Development of water transportation
(a) Policy.— It is the policy of Congress— to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and to foster and preserve rail and water transportation.
(b) Definition.— In this section, “inland waterway” includes the Great Lakes.
(c) Requirements.— The Secretary of Transportation shall— 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; 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; consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities; investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which— the waterways are being used to their capacity and are meeting the demands of traffic; and water carriers using those waterways are interchanging traffic with rail carriers; investigate other matters that may promote and encourage inland water transportation; and compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States.
§ 304 Application of categorical exclusions for multimodal projects
(a) Definitions.— In this section, the following definitions apply: The term “cooperating authority” means a Department of Transportation operating administration or secretarial office that has expertise but is not the lead authority with respect to a proposed multimodal project. The term “lead authority” means a Department of Transportation operating administration or secretarial office that has the lead responsibility for compliance with the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) with respect to a proposed multimodal project. The term “multimodal project” has the meaning given the term in section 139(a) of title 23 .
(b) Exercise of Authorities.— The authorities granted in this section may be exercised for a multimodal project, class of projects, or program of projects that are carried out under this title or title 23.
(c) Application of Categorical Exclusions for Multimodal Projects.— In considering the environmental impacts of a proposed multimodal project, a lead authority may apply categorical exclusions designated under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) in implementing regulations or procedures of a cooperating authority for a proposed multimodal project, subject to the conditions that— the lead authority makes a determination, with the concurrence of the cooperating authority— on the applicability of a categorical exclusion to a proposed multimodal project; and that the project satisfies the conditions for a categorical exclusion under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and this section; the lead authority follows the implementing regulations of the cooperating authority or procedures under that Act; and the lead authority determines that— the proposed multimodal project does not individually or cumulatively have a significant impact on the environment; and extraordinary circumstances do not exist that merit additional analysis and documentation in an environmental impact statement or environmental assessment required under that Act.
(d) Cooperating Authority Expertise.— A cooperating authority shall provide expertise to the lead authority on aspects of the multimodal project in which the cooperating authority has expertise.
§ 304a Accelerated decisionmaking in environmental reviews
(a) In General.— In preparing a final environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.), if the lead agency modifies the statement in response to comments that are minor and are confined to factual corrections or explanations of why the comments do not warrant additional agency response, the lead agency may write on errata sheets attached to the statement, instead of rewriting the draft statement, subject to the condition that the errata sheets— cite the sources, authorities, and reasons that support the position of the agency; and if appropriate, indicate the circumstances that would trigger agency reappraisal or further response.
(b) Single Document.— To the maximum extent practicable, the lead agency shall expeditiously develop a single document that consists of a final environmental impact statement and a record of decision, unless— the final environmental impact statement makes substantial changes to the proposed action that are relevant to environmental or safety concerns; or 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) Adoption and Incorporation by Reference of Documents.— To prevent duplication of analyses and support expeditious and efficient decisions, the operating administrations of the Department of Transportation shall use adoption and incorporation by reference in accordance with this subsection. An operating administration or a secretarial office within the Department of Transportation may adopt a draft environmental impact statement, an environmental assessment, or a final environmental impact statement of another operating administration for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project without recirculating the document for public review, if— the adopting operating administration certifies that the proposed action is substantially the same as the project considered in the document to be adopted; the other operating administration concurs with such decision; and such actions are consistent with the requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). An operating administration or secretarial office within the Department of Transportation may incorporate by reference all or portions of a draft environmental impact statement, an environmental assessment, or a final environmental impact statement for the use of the adopting operating administration when preparing an environmental assessment or final environmental impact statement for a project if— the incorporated material is cited in the environmental assessment or final environmental impact statement and the contents of the incorporated material are briefly described; the incorporated material is reasonably available for inspection by potentially interested persons within the time allowed for review and comment; and the incorporated material does not include proprietary data that is not available for review and comment.
§ 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— the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use; an inter-oceanic canal located outside the 48 contiguous States; defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation; foreign assistance programs; water resources projects; or 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— prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the— projected growth of transportation needs and traffic in the affected area; the relative efficiency of various modes of transportation; the available transportation services in the area; and the general effect of the proposed investment on existing modes of transportation and on the regional and national economy; coordinate the survey, plan, or report— with the Secretary and include the views and comments of the Secretary; and as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and send the survey, plan, or report to the President for disposition under law and procedure established by the President.
§ 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 chapter 221, 224, or 249 of this title, or section 211 or 216 of the Regional Rail Reorganization Act of 1973 ( 45 U.S.C. 721 , 726).
(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: direct that no more Federal financial assistance be provided the person. refer the matter to the Attorney General with a recommendation that a civil action be brought against the person. carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.). 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.
§ 307 Improving State and Federal agency engagement in environmental reviews
(a) In General.— A public entity receiving financial assistance from the Department of Transportation for 1 or more projects, or for a program of projects, for a public purpose may request that the Secretary allow the public entity to provide funds to Federal agencies, including the Department, State agencies, and Indian tribes participating in the environmental planning and review process for the project, projects, or program. The funds may be provided only to support activities that directly and meaningfully contribute to expediting and improving permitting and review processes, including planning, approval, and consultation processes for the project, projects, or program.
(b) Activities Eligible for Funding.— Activities for which funds may be provided under subsection (a) include transportation planning activities that precede the initiation of the environmental review process, activities directly related to the environmental review process, dedicated staffing, training of agency personnel, information gathering and mapping, and development of programmatic agreements.
(c) Amounts.— A request under subsection (a) may be approved only for the additional amounts that the Secretary determines are necessary for the Federal agencies, State agencies, or Indian tribes participating in the environmental review process to timely conduct the review.
(d) Agreements.— Prior to providing funds approved by the Secretary for dedicated staffing at an affected Federal agency under subsection (a), the affected Federal agency and the requesting public entity shall enter into an agreement that establishes a process to identify projects or priorities to be addressed by the use of the funds.
(e) Guidance.— Not later than 180 days after the date of enactment of this section, the Secretary shall issue guidance to implement this section. As part of the guidance issued under paragraph (1), the Secretary shall ensure— 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; 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 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) Existing Authority.— Nothing in this section may be construed to conflict with section 139(j) of title 23 .
§ 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 Congress each year a report on the conditions of the public ports of the United States, including the— economic and technological development of the ports; extent to which the ports contribute to the national welfare and security; and factors that may impede the continued development of the ports.
(c) 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. 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.
§ 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) 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. 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. 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. 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— feasibility of guideway or track design and construction; safety and reliability; impact on the environment in comparison to other high-speed ground transportation technologies; minimization of land use; effect on human factors related to high-speed ground transportation; energy and power consumption and cost; integration of high-speed ground transportation systems with other modes of transportation; actual and projected ridership; and design of signaling, communications, and control systems. 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. 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. 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) 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 ( 15 U.S.C. 3710a )), and 1 or more funding agreements (as defined by section 201(b) of title 35 , United States Code), with United States companies for the purpose of— 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 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. 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. 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 ( 15 U.S.C. 3701 et seq.). 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 chapter 18 of title 35, United States Code. 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) 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— an economic and financial analysis; a technical assessment; and recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems. The economic and financial analysis referred to in paragraph (1)(A) shall include— an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system; 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— the current transportation practices and trends in each market; and the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation; 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; 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; a comparison of the projected costs of the various competing high-speed ground transportation technologies; 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; an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth; 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; an assessment of the potential for a high-speed ground transportation technology export market; recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation; an examination of the role of the National Railroad Passenger Corporation in the development and operation of high-speed ground transportation systems; and any other economic or financial analyses the Secretary considers important for carrying out this section. The technical assessment referred to in paragraph (1)(B) shall include— 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; 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; 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; an examination of the need to establish appropriate technological, quality, and environmental standards for high-speed ground transportation systems; 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; 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 any other technical assessments the Secretary considers important for carrying out this section.
(e) 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”). The Policy shall include— provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States; 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; a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies. 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.
§ 310 Aligning Federal environmental reviews
(a) Coordinated and Concurrent Environmental Reviews.— Not later than 1 year after the date of enactment of this section, the Department of Transportation, in coordination with the heads of Federal agencies likely to have substantive review or approval responsibilities under Federal law, shall develop a coordinated and concurrent environmental review and permitting process for transportation projects when initiating an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) (in this section referred to as “NEPA”).
(b) Contents.— The coordinated and concurrent environmental review and permitting process developed under subsection (a) shall— 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; 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 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) Environmental Checklist.— Not later than 90 days after the date of enactment of this section, the Secretary of Transportation and Federal agencies of jurisdiction likely to have substantive review or approval responsibilities on transportation projects shall jointly develop a checklist to help project sponsors identify potential natural, cultural, and historic resources in the area of a proposed project. The purpose of the checklist shall be to— identify agencies of jurisdiction and cooperating agencies; develop the information needed for the purpose and need and alternatives for analysis; and improve interagency collaboration to help expedite the permitting process for the lead agency and agencies of jurisdiction.
(d) Interagency Collaboration.— Consistent with Federal environmental statutes, the Secretary of Transportation shall facilitate annual interagency collaboration sessions at the appropriate jurisdictional level to coordinate business plans and facilitate coordination of workload planning and workforce management. The interagency collaboration sessions shall ensure that agency staff is— fully engaged; utilizing the flexibility of existing regulations, policies, and guidance; and identifying additional actions to facilitate high quality, efficient, and targeted environmental reviews and permitting decisions. The interagency collaboration sessions, and the interagency collaborations generated by the sessions, shall focus on methods to— work with State and local transportation entities to improve project planning, siting, and application quality; and consult and coordinate with relevant stakeholders and Federal, tribal, State, and local representatives early in permitting processes. The interagency collaboration sessions shall include a consultation with groups or individuals representing State, tribal, and local governments that are engaged in the infrastructure permitting process.
(e) Performance Measurement.— Not later than 1 year after the date of enactment of this section, the Secretary of Transportation, in coordination with relevant Federal agencies, shall establish a program to measure and report on progress toward aligning Federal reviews and reducing permitting and project delivery time as outlined in this section.
(f) Reports.— Not later than 2 years after the date of enactment of this section and biennially thereafter, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives, and make publicly available on the Department of Transportation website, a report that describes— progress in aligning Federal environmental reviews under this section; and the impact this section has had on accelerating the environmental review and permitting process. Not later than 3 years after the date of enactment of this section, the Inspector General of the Department of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that describes— progress in aligning Federal environmental reviews under this section; and the impact this section has had on accelerating the environmental review and permitting process.
(g) Savings Provision.— This section shall not apply to any project subject to section 139 of title 23 .
§ 311 Congressional notification requirements
(a) In General.— Except as provided in subsection (b) or as expressly provided in another provision of law, the Secretary of Transportation shall provide to the appropriate committees of Congress notice of an announcement concerning a covered project at least 3 full business days before the announcement is made by the Department.
(b) Emergency Program.— With respect to an allocation of funds under section 125 of title 23 , the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate notice of the allocation— at least 3 full business days before the issuance of the allocation; or 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) Definitions.— In this section, the following definitions apply: The term “appropriate committees of Congress” means— the Committee on Transportation and Infrastructure of the House of Representatives; and 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. The term “covered project” means a project competitively selected by the Department to receive a discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000. The term “Department” means the Department of Transportation, including the modal administrations of the Department.
§ 312 Alternative timing system
(a) In General.— Subject to the availability of appropriations, the Secretary of Transportation shall provide for the establishment, sustainment, and operation of a resilient, 1 and reliable alternative timing system— 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 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) Establishment of Requirements.— Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall establish requirements for the procurement of the system required by subsection (a) as a complement to and backup for the timing component of GPS in accordance with the timing requirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 ( Public Law 114–328 ; 130 Stat. 2595 ). The Secretary of Transportation shall ensure, to the maximum extent practicable, that the system established under subsection (a) will— be wireless; be terrestrial; provide wide-area coverage; be synchronized with coordinated universal time; be resilient and extremely difficult to disrupt or degrade; be able to penetrate underground and inside buildings; be capable of deployment to remote locations; be developed, constructed, and operated incorporating applicable private sector expertise; 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; 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; be capable of adaptation and expansion to provide position and navigation capabilities; 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 incorporate such other elements as the Secretary considers appropriate.
(c) Implementation Plan.— Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following: A plan to develop, construct, and operate the system required by subsection (a). 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. The system required by subsection (a) shall be in operation by not later than 2 years after the date of enactment of the National Timing Resilience and Security Act of 2018. The system required by subsection (a) shall be designed to be fully operational for not less than 20 years.
(d) LORAN Facilities.— If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying real property and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the system required by subsection (a), the Commandant shall transfer such property, spectrum, and equipment to the Secretary. This subsection shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h) ) with respect to the Federal Government facilities described in paragraph (1).
(e) Cooperative Agreement.— The Secretary of Transportation may enter into a cooperative agreement (as that term is described in section 6305 of title 31 ) with an entity upon such terms and conditions as the Secretary of Transportation determines will fulfill the purpose and requirements of this section and be in the public interest. The cooperative agreement under paragraph (1) shall, at a minimum, require the Secretary of Transportation to— 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; require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section; 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; 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; require the entity— 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 to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and require the entity to make any investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency. The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a cooperative agreement pursuant to this subsection. The Secretary may not purchase timing system services from the entity for use by the Department of Transportation or for provision to other Federal and non-Federal governmental agencies until the system achieves operational status, and then only if the necessary funds for such purchases are provided for in subsequent yearly appropriations acts made available to the Secretary for each and every year in which such purchases are made. The Secretary may not enter into a cooperative agreement under this subsection unless the Secretary determines that the cooperative agreement is in the best financial interest of the Federal Government. The Secretary shall notify the Committee on Committee on 2 Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination not later than 30 days after the date of the determination. In this subsection the term “entity” means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection.
§ 313 Nontraditional and Emerging Transportation Technology Council
(a) Establishment.— Not later than 180 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the “Secretary”) shall establish a council, to be known as the “Nontraditional and Emerging Transportation Technology Council” (referred to in this section as the “Council”), to address coordination on emerging technology issues across all modes of transportation.
(b) Membership.— The Council shall be composed of— the Secretary, who shall serve as an ex officio member of the Council; the Deputy Secretary of Transportation; the Under Secretary of Transportation for Policy; the Assistant Secretary for Research and Technology of the Department of Transportation; the Assistant Secretary for Budget and Programs of the Department of Transportation; the General Counsel of the Department of Transportation; the Chief Information Officer of the Department of Transportation; the Administrator of the Federal Aviation Administration; the Administrator of the Federal Highway Administration; the Administrator of the Federal Motor Carrier Safety Administration; the Administrator of the Federal Railroad Administration; the Administrator of the Federal Transit Administration; the Administrator of the Maritime Administration; the Administrator of the National Highway Traffic Safety Administration; the Administrator of the Pipeline and Hazardous Materials Safety Administration; and any other official of the Department of Transportation, as determined by the Secretary. The Deputy Secretary of Transportation (or a designee) shall serve as Chair of the Council. The Under Secretary of Transportation for Policy (or a designee) shall serve as Vice Chair of the Council.
(c) Duties.— The Council shall— 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— safety oversight; environmental review; and funding and financing issues; coordinate the response of the Department of Transportation to nontraditional and emerging transportation technology projects; engage with stakeholders in nontraditional and emerging transportation technology projects; and develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects.
(d) Best Practices.— Not later than 1 year after the date of enactment of this section, the Council shall— publish initial guidelines to achieve the purposes described in subsection (c)(4); and 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) Support.— The Office of the Secretary shall provide support for the Council.
(f) Meetings.— The Council shall meet not less frequently than 4 times per year, at the call of the Chair.
(g) Lead Modal Administration.— For each nontraditional or emerging transportation technology, mode, or project associated with a jurisdictional or regulatory gap or inconsistency identified under subsection (c)(1), the Chair of the Council shall— designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and 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) Transparency.— Not later than 1 year after the date of establishment of the Council, and not less frequently than annually thereafter until December 31, 2026 , the Council shall post on a publicly accessible website a report describing the activities of the Council during the preceding calendar year.
§ 321 Definitions
In this subchapter, “aeronautics”, “air commerce”, and “air navigation facility” have the same meanings given those terms in section 40102(a) of this title . ( Pub. L. 97–449, § 1(b) , Jan. 12, 1983 , 96 Stat. 2422 ; Pub. L. 98–216, § 2(2) , Feb. 14, 1984 , 98 Stat. 5 ; Pub. L. 103–272, § 5(m)(8) , July 5, 1994 , 108 Stat. 1376 ; Pub. L. 103–429, § 6(2) , Oct. 31, 1994 , 108 Stat. 4378 .)
§ 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) 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— 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; cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and 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— rent and personal services; travel expenses; office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges; printing and binding; membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics; 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; investigations and studies about aeronautics; and 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— making the property would require a substantial initial investment or an extended period of preparation; and 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.
§ 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 section 3109 of title 5 . However, an individual may be paid not more than $100 a day for services.
§ 324 Members of the armed forces
(a) The Secretary of Transportation— 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 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.
§ 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 section 5703 of title 5 . This subsection does not apply to individuals regularly employed by the United States Government.
(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.
§ 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— gifts of money; income from property accepted under this section and proceeds from the sale of that property; and 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 ( 26 U.S.C. 1 et seq.).
§ 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— 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; central messenger, mail, telephone, and other communications services; office space; central services for document reproduction, and for graphics and visual aids; and 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— amounts appropriated to the fund; 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; amounts received from the sale or exchange of property; and 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.
§ 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— amounts appropriated to the fund; 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 ; the reasonable value of property and other assets transferred to the fund after September 30, 1980 , less the related liabilities and unpaid obligations; and the reasonable value of property and other assets donated to the fund.
(d) The fund shall be reimbursed or credited with— advance payments from applicable funds or appropriations of the Department and other agencies, and with advance payments from other sources, the Secretary authorizes, for— services at rates that will recover the expenses of operation, including the accrual of annual leave and overhead; and acquiring property and equipment under regulations the Secretary prescribes; and 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.
§ 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— collect and disseminate information on civil aeronautics (other than that collected and disseminated by the National Transportation Safety Board under chapter 11 of this title) including, at a minimum, information on (A) the origin and destination of passengers in interstate air transportation (as that term is used in part A of subtitle VII of this title), and (B) the number of passengers traveling by air between any two points in interstate air transportation; except that, if the Secretary requires air carriers to provide flight-specific information, the Secretary— 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 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; study the possibilities of developing air commerce and the aeronautical industry; and exchange information on civil aeronautics with governments of foreign countries through appropriate departments, agencies, and instrumentalities of the Government.
(c) 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— make special statistical studies on foreign and domestic transportation; make special studies on other matters related to duties and powers of the Secretary; prepare, from records of the Department of Transportation, special statistical compilations; and provide transcripts of studies, tables, and other records of the Department. 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) Incidents and Complaints Involving Passenger and Baggage Security Screening.— The Secretary of Transportation shall publish data on incidents and complaints involving passenger and baggage security screening in a manner comparable to other consumer complaint and incident data. To assist in the publication of data under paragraph (1), the Secretary of Transportation may request the Secretary of Homeland Security to periodically report on the number of complaints about security screening received by the Secretary of Homeland Security.
§ 330 Research activities
(a) In General.— The Secretary of Transportation may make contracts with educational institutions, public and private agencies and organizations, and persons for scientific or technological research into a problem related to programs carried out by the Secretary. Before making a contract, the Secretary must require the institution, agency, organization, or person to show that it is able to carry out the contract.
(b) Responsibilities.— In carrying out this section, the Secretary shall— give advice and assistance the Secretary believes will best carry out the duties and powers of the Secretary; participate in coordinating all research started under this section; indicate the lines of inquiry most important to the Secretary; and 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) Publications.— The Secretary may distribute publications containing information the Secretary considers relevant to research carried out under this section.
(d) Duties.— The Secretary shall provide for the following: Coordination, facilitation, and review of Department of Transportation research and development programs and activities. Advancement, and research and development, of innovative technologies, including intelligent transportation systems. Comprehensive transportation statistics research, analysis, and reporting. Education and training in transportation and transportation-related fields. Activities of the Volpe National Transportation Systems Center. Coordination in support of multimodal and multidisciplinary research activities.
(e) Additional Authorities.— The Secretary may— 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; 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— 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; Federal laboratories; and other Federal agencies; and directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12(d) of the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3710a(d) )), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Academies, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.
(f) Federal Share.— Subject to paragraph (2), the Federal share of the cost of an activity carried out under subsection (e)(3) shall not exceed 50 percent. If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share. All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subsection (e)(3).
(g) Program Evaluation and Oversight.— For each of fiscal years 2016 through 2020, the Secretary is authorized to expend not more than 1 ½ percent of the amounts authorized to be appropriated for the coordination, evaluation, and oversight of the programs administered by the Office of the Assistant Secretary for Research and Technology.
(h) Use of Technology.— The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this section, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 ( 15 U.S.C. 3701 et seq.).
(i) Waiver of Advertising Requirements.— Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.
§ 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: emergency medical services and supplies. food and other subsistence supplies. messing facilities. motion picture equipment and film for recreation and training. living and working quarters and facilities. 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.
§ 332 Minority Resource Center
(a) In this section, “minority” includes women.
(b) The Department of Transportation has a Minority Resource Center. The Center may— 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; carry out market research, planning, economic and business analyses, and feasibility studies to identify those business opportunities; assist minority entrepreneurs and businesses in obtaining investment capital and debt financing; 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; 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; 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 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) Bonding Assistance.— The Secretary, acting through the Minority Resource Center established under subsection (b), shall provide assistance in obtaining bid, payment, and performance bonds by disadvantaged business enterprises pursuant to subsection (b)(4). There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2005 through 2009 to carry out activities under this subsection.
§ 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) 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— elimination of duplicating or overlapping operations and facilities; reducing switching operations; using the shortest or more efficient and economical routes; exchanging trackage rights; combining trackage and terminal or other facilities; upgrading tracks and other facilities used by at least 2 rail carriers; reducing administrative and other expenses; and other measures likely to reduce costs and improve rail transportation. 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 section 11904 of this title . When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary.
(d) 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— officers and directors of an affected rail carrier; representatives of rail carrier employees who may be affected; representatives of the Surface Transportation Board; State and local government officials, shippers, and consumer representatives; and representatives of the Federal Trade Commission and the Attorney General. 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 section 11323(a) of this title , the Secretary may study the proposal to decide whether it satisfies section 11324(b) of this title . When the proposal is the subject of an application and proceeding before the Board, the Secretary may appear in any proceeding related to the application.
[§§ 334, 335 Repealed. Pub. L. 103–272, § 4(j)(9)(A), July 5, 1994, 108 Stat. 1367]
§ 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— application has been made for refund or remission of the penalty within one year from the date of payment; and the Secretary finds that the penalty was unlawfully, improperly, or excessively imposed.
§ 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 section 44938(a) of this title . ( Pub. L. 103–272, § 4(j)(10)(A) , July 5, 1994 , 108 Stat. 1367 .)
§ 351 Judicial review of actions in carrying out certain transferred duties and powers
(a) Judicial Review.— An action of the Secretary of Transportation in carrying out a duty or power transferred under the Department of Transportation Act ( Public Law 89–670 , 80 Stat. 931 ), or an action of the Administrator of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, or the Federal Aviation Administration in carrying out a duty or power specifically assigned to the Administrator by that Act, may be reviewed judicially to the same extent and in the same way as if the action had been an action by the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer or assignment.
(b) Application of Procedural Requirements.— A statutory requirement related to notice, an opportunity for a hearing, action on the record, or administrative review that applied to a duty or power transferred by the Act applies to the Secretary or Administrator when carrying out the duty or power.
(c) Nonapplication.— This section does not apply to a duty or power transferred from the Interstate Commerce Commission to the Secretary under section 6(e)(1)–(4) and (6)(A) of the Act.
§ 352 Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act ( Public Law 89–670 , 80 Stat. 931 ), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality. ( Pub. L. 103–272, § 4(j)(10)(A) , July 5, 1994 , 108 Stat. 1368 ; Pub. L. 109–59, title IV, § 4125(c) , Aug. 10, 2005 , 119 Stat. 1738 .)
§ 353 Toxicological testing of officers and employees
(a) Collecting Specimens.— When the Secretary of Transportation or the head of a component of the Department of Transportation conducts post-accident or post-incident toxicological testing of an officer or employee of the Department, the Secretary or head shall collect the specimen from the officer or employee as soon as practicable after the accident or incident. The Secretary or head shall try to collect the specimen not later than 4 hours after the accident or incident.
(b) Reports.— The head of each component shall submit a report to the Secretary on the circumstances about the amount of time required to collect the specimen for a toxicological test conducted on an officer or employee who is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the National Transportation Safety Board.
(c) Noncompliance Not a Defense.— An officer or employee required to submit to toxicological testing may not assert failure to comply with this section as a claim, cause of action, or defense in an administrative or judicial proceeding.
§ 354 Investigative authority of Inspector General
(a) In General.— The statutory authority of the Inspector General of the Department of Transportation includes authority to conduct, pursuant to Federal criminal statutes, investigations of allegations that a person or entity has engaged in fraudulent or other criminal activity relating to the programs and operations of the Department or its operating administrations.
(b) Regulated Entities.— The authority to conduct investigations referred to in subsection (a) extends to any person or entity subject to the laws and regulations of the Department or its operating administrations, whether or not they are recipients of funds from the Department or its operating administrations.
§ 355 Motorcyclist Advisory Council
(a) Establishment.— Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the “Secretary”) shall establish a council, to be known as the “Motorcyclist Advisory Council” (referred to in this section as the “Council”).
(b) Membership.— The Council shall be comprised of 13 members, to be appointed by the Secretary, of whom— 5 shall be representatives of units of State or local government with expertise relating to highway engineering and safety issues, including— motorcycle and motorcyclist safety; barrier and road design, construction, and maintenance; or intelligent transportation systems; 1 shall be a motorcyclist who serves as a State or local— traffic and safety engineer; design engineer; or other transportation department official; 1 shall be a representative of a national association of State transportation officials; 1 shall be a representative of a national motorcyclist association; 1 shall be a representative of a national motorcyclist foundation; 1 shall be a representative of a national motorcycle manufacturing association; 1 shall be a representative of a motorcycle manufacturing company headquartered in the United States; 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and 1 shall be a member of a national safety organization that represents the traffic safety systems industry. Subject to subparagraphs (B) and (C), each member shall serve on the Council for a single term of 2 years. If a successor is not appointed for a member of the Council before the expiration of the term of service of the member, the member may serve on the Council for a second term of not longer than 2 years. If a member of the Council resigns before the expiration of the 2-year term of service of the member— the Secretary may appoint a replacement for the member, who shall serve the remaining portion of the term; and the resigning member may continue to serve after resignation until the date on which a successor is appointed. A vacancy on the Council shall be filled in the manner in which the original appointment was made. A member of the Council shall serve without compensation.
(c) Duties.— The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Administration regarding transportation safety issues of concern to motorcyclists, including— motorcycle and motorcyclist safety; barrier and road design, construction, and maintenance practices; and the architecture and implementation of intelligent transportation system technologies. Not later than October 31 of the calendar year following the calendar year in which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing recommendations of the Council regarding the issues described in paragraph (1).
(d) Duties of Secretary.— The Secretary shall determine whether to accept or reject a recommendation contained in a report of the Council under subsection (c)(2). The Secretary shall indicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council covered by the review. The Secretary may indicate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consideration shall be accepted or rejected by the Secretary in the subsequent review of the Secretary under paragraph (2). Not later than 60 days after the date on which the Secretary receives a report from the Council under subsection (c)(2), the Secretary shall submit a review describing the response of the Secretary to the recommendations of the Council contained in the Council report to— the Committee on Commerce, Science, and Transportation of the Senate; the Committee on Environment and Public Works of the Senate; the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the Senate; the Committee on Transportation and Infrastructure of the House of Representatives; and the Subcommittee on Transportation, Housing and Urban Development, and Related Agencies of the Committee on Appropriations of the House of Representatives. A review of the Secretary under this paragraph shall include a description of— each recommendation contained in the Council report covered by the review; and 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 for each such recommendation, whether the recommendation— is accepted or rejected by the Secretary; or remains under consideration by the Secretary. The Secretary shall provide to the Council such administrative support, staff, and technical assistance as the Secretary determines to be necessary to carry out the duties of the Council under this section.
(e) Termination.— The Council shall terminate on the date that is 6 years after the date on which the Council is established under subsection (a).