-CITE- 49 USC CHAPTER 3 - GENERAL DUTIES AND POWERS 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS -HEAD- CHAPTER 3 - GENERAL DUTIES AND POWERS -MISC1- SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION Sec. 301. Leadership, consultation, and cooperation. 302. Policy standards for transportation. 303. Policy on lands, wildlife and waterfowl refuges, and historic sites. 303a. Development of water transportation. 304. Joint activities with the Secretary of Housing and Urban Development. 305. Transportation investment standards and criteria. 306. Prohibited discrimination. 307. Safety information and intervention in Interstate Commerce Commission proceedings. 308. Reports. 309. High-speed ground transportation. SUBCHAPTER II - ADMINISTRATIVE 321. Definitions. 322. General powers. 323. Personnel. 324. Members of the armed forces. 325. Advisory committees. 326. Gifts. 327. Administrative working capital fund. 328. Transportation Systems Center working capital fund. 329. Transportation information. 330. Research contracts. 331. Service, supplies, and facilities at remote places. 332. Minority Resource Center. 333. Responsibility for rail transportation unification and coordination projects. [334, 335. Repealed.] 336. Civil penalty procedures. 337. Budget request for the Director of Intelligence and Security. SUBCHAPTER III - MISCELLANEOUS 351. Judicial review of actions in carrying out certain transferred duties and powers. 352. Authority to carry out certain transferred duties and powers. 353. Toxicological testing of officers and employees. 354. Investigative authority of Inspector General. AMENDMENTS 2003 - Pub. L. 108-168, Sec. 8(b)(2), Dec. 6, 2003, 117 Stat. 2035, added item 354. 1994 - Pub. L. 103-272, Sec. 4(j)(6)(B), (9)(B), (10)(B), July 5, 1994, 108 Stat. 1366-1368, added item 303a, struck out items 334 "Limit on aviation charges" and 335 "Authorization of appropriations", and added item 337, subchapter III heading, and items 351 to 353. 1991 - Pub. L. 102-240, title I, Sec. 1036(c)(2), Dec. 18, 1991, 105 Stat. 1985, added item 309. 1989 - Pub. L. 101-225, title III, Sec. 305(2), Dec. 12, 1989, 103 Stat. 1925, added item 336. 1984 - Pub. L. 98-216, Sec. 2(1)(B), Feb. 14, 1984, 98 Stat. 5, substituted "Reports" for "Annual reports" in item 308. -End- -CITE- 49 USC SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -End- -CITE- 49 USC Sec. 301 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 301. Leadership, consultation, and cooperation -STATUTE- The Secretary of Transportation shall - (1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies; (2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation; (3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States; (4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; (5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation; (6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science; (7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services; (8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and (9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102-240, title V, Sec. 5002(a), title VI, Sec. 6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105-178, title I, Sec. 1504, June 9, 1998, 112 Stat. 251.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 301 49:1653(a). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(a), 80 Stat. 933. -------------------------------------------------------------------- In the introductory clause before "shall", the words "in carrying out the purposes of this chapter . . . among his responsibilities" are omitted as surplus. In clause (4), the word "compiling" is substituted for "gathering" for consistency. AMENDMENTS 1998 - Par. (9). Pub. L. 105-178 added par. (9). 1991 - Pars. (3) to (5). Pub. L. 102-240, Sec. 5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6). Par. (6). Pub. L. 102-240, Secs. 5002(a), 6017, redesignated par. (5) as (6) and inserted ", and including basic highway vehicle science". Former par. (6) redesignated (7). Pars. (7), (8). Pub. L. 102-240, Sec. 5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively. BUDGET JUSTIFICATION Pub. L. 109-59, title I, Sec. 1926, Aug. 10, 2005, 119 Stat. 1483, provided that: "The Department of Transportation and each agency in the Department shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a budget justification concurrently with the President's annual budget submission to Congress under section 1105(a) of title 31, United States Code." COORDINATED TRANSPORTATION SERVICES Pub. L. 105-178, title III, Sec. 3034, June 9, 1998, 112 Stat. 386, provided that: "(a) Study. - The Comptroller General shall conduct a study of Federal departments and agencies (other than the Department of Transportation) that receive Federal financial assistance for non- emergency transportation services. "(b) Contents. - In conducting the study, the Comptroller General shall - "(1) identify each Federal department and agency (other than the Department of Transportation) that has received Federal financial assistance for non-emergency transportation services in any of the 3 fiscal years preceding the date of enactment of this Act [June 9, 1998]; "(2) identify the amount of such assistance received by each Federal department and agency in such fiscal years; and "(3) identify the projects and activities funded using such financial assistance. "(c) Report. - Not later than 1 year after the date of enactment of this Act, the Comptroller General shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate a report containing the results of the study and any recommendations for enhanced coordination between the Department of Transportation and other Federal departments and agencies that provide funding for non-emergency transportation." ESTABLISHMENT OF NATIONWIDE DIFFERENTIAL GLOBAL POSITIONING SYSTEM Pub. L. 105-66, title III, Sec. 346, Oct. 27, 1997, 111 Stat. 1449, provided that: "(a) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation, acting for the Department of Transportation, may take receipt of such equipment and sites of the Ground Wave Emergency Network (referred to in this section as 'GWEN') as the Secretary of Transportation determines to be necessary for the establishment of a nationwide system to be known as the 'Nationwide Differential Global Positioning System' (referred to in this section as 'NDGPS'). "(b) As soon as practicable after the date of enactment of this Act [Oct. 27, 1997], the Secretary of Transportation may establish the NDGPS. In establishing the NDGPS, the Secretary of Transportation may - "(1) if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a); "(2) to the maximum extent practicable, use contractor services to install the NDGPS; "(3) modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a); "(4) in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as 'CORS') system of the National Geodetic Survey of the Department of Commerce; and "(5) in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration. "(c) The Secretary of Transportation may - "(1) manage and operate the NDGPS; "(2) ensure that the service of the NDGPS is provided without the assessment of any user fee; and "(3) in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States. "(d) In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance. "(e) The Secretary of Transportation may - "(1) in cooperation with appropriate representatives of private industries and universities and officials of State governments - "(A) investigate improvements (including potential improvements) to the NDGPS; "(B) develop standards for the NDGPS; and "(C) sponsor the development of new applications for the NDGPS; and "(2) provide for the continual upgrading of the NDGPS to improve performance and address the needs of - "(A) the Federal Government; "(B) State and local governments; and "(C) the general public." INTERMODAL TRANSPORTATION ADVISORY BOARD AND OFFICE OF INTERMODALISM Section 5002(b), (c) of Pub. L. 102-240, which provided for establishment within the Office of the Secretary of Transportation of an Intermodal Transportation Advisory Board to make recommendations for carrying out responsibilities of the Secretary concerning the coordination of Federal policy on intermodal transportation, and for establishment within the Office of the Secretary of an Office of Intermodalism to develop intermodal transportation data, to coordinate Federal research on intermodal transportation, to provide technical assistance to States and metropolitan planning organizations, and to provide administrative and clerical support to the Intermodal Transportation Advisory Board, was repealed and reenacted as sections 5502 and 5503 of this title by Pub. L. 103-272, Secs. 1(d), 7(b), July 5, 1994, 108 Stat. 849, 850, 1379. MODEL INTERMODAL TRANSPORTATION PLANS Section 5003 of Pub. L. 102-240, which directed Secretary of Transportation to make grants to States, representing a variety of geographic regions and transportation needs, patterns, and modes, for purpose of developing model State intermodal transportation plans consistent with policy of United States to encourage and promote development of national intermodal transportation system, was repealed and reenacted as section 5504 of this title by Pub. L. 103-272, Secs. 1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379. NATIONAL COMMISSION ON INTERMODAL TRANSPORTATION Section 5005 of Pub. L. 102-240 provided for establishment of a National Commission on Intermodal Transportation, consisting of 11 appointed members, to make a complete investigation and study of intermodal transportation in the United States and internationally and to send a report to Congress not later than Sept. 30, 1993, containing recommendations for implementing the policy set out in section 302(e) of this title, with the Commission to terminate on the 180th day following transmittal of the report, prior to repeal by Pub. L. 104-287, Sec. 7(3), Oct. 11, 1996, 110 Stat. 3400. BORDER CROSSINGS Section 6015 of Pub. L. 102-240 directed Secretary of Transportation to identify existing and emerging trade corridors and transportation subsystems that facilitate trade between United States, Canada, and Mexico and to recommend changes to improve and integrate corridor subsystems in order to achieve increased productivity and use of innovative marketing techniques, and directed Secretary to report to Congress not later than 18 months after Dec. 18, 1991, on transportation infrastructure needs and associated costs and to propose an agenda to develop systemwide integration of services for national benefits. UNDERGROUND PIPELINES Section 6020 of Pub. L. 102-240 directed Secretary of Transportation to conduct a study to evaluate feasibility, costs, and benefits of constructing and operating pneumatic capsule pipelines for underground movement of commodities other than hazardous liquids and gas, and to submit, not later than 2 years after Dec. 18, 1991, a report to Congress on the results of the study, prior to repeal by Pub. L. 104-287, Sec. 7(3), Oct. 11, 1996, 110 Stat. 3400. LONG-RANGE NATIONAL TRANSPORTATION STRATEGIC PLANNING STUDY Pub. L. 100-457, title III, Sec. 317(b), Sept. 30, 1988, 102 Stat. 2149, directed Department of Transportation to undertake a long-range, multi-modal national transportation strategic planning study, such study to forecast long-term needs and costs for developing and maintaining facilities and services to achieve a desired national transportation program for moving people and goods in the year 2015 and to include detailed analyses of transportation needs within six to nine metropolitan areas that have diverse population, development, and demographic patterns, including at least one interstate metropolitan area, with study to be submitted to Congress on or before Oct. 1, 1989. Similar provisions were contained in the following prior appropriation act: Pub. L. 100- 202, Sec. 101(l) [title III, Sec. 317(b)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-381. COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVITIES Designation of Department of Transportation as lead agency and duties of the Secretary for encouraging, facilitating, and developing commercial expendable launch vehicle operations by private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R. 7211, set out under section 70101 of this title. -EXEC- EX. ORD. NO. 13274. ENVIRONMENTAL STEWARDSHIP AND TRANSPORTATION INFRASTRUCTURE PROJECT REVIEWS Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by Ex. Ord. No. 13286, Sec. 2, Feb. 28, 2003, 68 F.R. 10619, provided: By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental stewardship and streamline the environmental review and development of transportation infrastructure projects, it is hereby ordered as follows: Section 1. Policy. The development and implementation of transportation infrastructure projects in an efficient and environmentally sound manner is essential to the well-being of the American people and a strong American economy. Executive departments and agencies (agencies) shall take appropriate actions, to the extent consistent with applicable law and available resources, to promote environmental stewardship in the Nation's transportation system and expedite environmental reviews of high- priority transportation infrastructure projects. Sec. 2. Actions. (a) For transportation infrastructure projects, agencies shall, in support of the Department of Transportation, formulate and implement administrative, policy, and procedural mechanisms that enable each agency required by law to conduct environmental reviews (reviews) with respect to such projects to ensure completion of such reviews in a timely and environmentally responsible manner. (b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and maintenance of transportation facilities and services. (c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Secretary's list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, including those relating to safety, public health, and environmental protection. Sec. 3. Interagency Task Force. (a) Establishment. There is established, within the Department of Transportation for administrative purposes, the interagency "Transportation Infrastructure Streamlining Task Force" (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a review of transportation infrastructure projects and issue permits or similar actions, as necessary; (ii) review projects, at least quarterly, on the list of priority projects pursuant to section 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process required to provide approvals for transportation infrastructure projects, in compliance with applicable law, while maintaining safety, public health, and environmental protection. (b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Secretary of Homeland Security, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and Chairman of the Council on Environmental Quality. A member of the Task Force may designate, to perform the Task Force functions of the member, any person who is part of the member's department, agency, or office and who is either an officer of the United States appointed by the President with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality. Sec. 4. Report. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and expedited reviews on a project-by-project basis, and identifies those procedures and actions that proved to be most useful and appropriate in coordinating and expediting the review of the projects. (b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient implementation with other applicable requirements. (c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transportation infrastructure projects by simplifying and harmonizing applicable substantive and procedural requirements; and (ii) elevate and resolve controversies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner. (d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order. Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. Sec. 6. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. George W. Bush. -End- -CITE- 49 USC Sec. 302 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 302. Policy standards for transportation -STATUTE- (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 - (1) for effectiveness and safety in transportation systems; and (2) of national defense. (d)(1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by - (A) conducting economic and technological research; (B) demonstrating advancements in high-speed ground transportation technologies; (C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high- speed ground transportation technologies; and (D) minimizing the long-term risks of investors. (2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States. (e) 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. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102-240, title I, Sec. 1036(a), title V, Sec. 5001, Dec. 18, 1991, 105 Stat. 1978, 2158; Pub. L. 103-272, Sec. 5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 104-88, title III, Sec. 308(a), Dec. 29, 1995, 109 Stat. 946.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 302(a) 49:1653(b)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(b), 80 Stat. 933. 302(b) 49:1653(b)(2). 302(c) 49:1653(b)(3). -------------------------------------------------------------------- In subsection (a), the words "In carrying out his duties and responsibilities under this chapter" before "Secretary of Transportation" are omitted as surplus. The words "the transportation policy of sections 10101 and 10101a of this title in addition to other laws" are substituted for "all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of April 25, 1940, as amended, and the Act of September 2, 1958, as amended, relating to the United States Coast Guard" because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms. In subsection (c), the words "In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter" before "Secretary" are omitted as surplus. The word "consider" is substituted for "give full consideration to" to eliminate surplus words. The words "for operational continuity of the functions transferred" after "the needs" are omitted as executed. AMENDMENTS 1995 - Subsec. (a). Pub. L. 104-88 substituted "13101" for "10101a". 1994 - Subsec. (b). Pub. L. 103-272 substituted "This subtitle and chapters 221 and 315 of this title" for "Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)". 1991 - Subsec. (d). Pub. L. 102-240, Sec. 1036(a), added subsec. (d). Subsec. (e). Pub. L. 102-240, Sec. 5001, added subsec. (e). 1984 - Subsec. (b). Pub. L. 98-216 substituted "49 App. U.S.C." for "49 U.S.C.". EFFECTIVE DATE OF 1995 AMENDMENT Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of Pub. L. 104-88, set out as an Effective Date note under section 701 of this title. EFFECTIVE DATE OF 1991 AMENDMENT Amendment by section 1036(a) of Pub. L. 102-240 effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under section 104 of Title 23, Highways. -End- -CITE- 49 USC Sec. 303 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 303. Policy on lands, wildlife and waterfowl refuges, and historic sites -STATUTE- (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 subsection (d), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 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 - (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. (d) De Minimis Impacts. - (1) Requirements. - (A) Requirements for historic sites. - 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. (B) Requirements for parks, recreation areas, and wildlife or waterfowl refuges. - 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. (C) Criteria. - 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. (2) Historic sites. - With respect to historic sites, the Secretary may make a finding of de minimis impact only if - (A) the Secretary has determined, in accordance with the consultation process required under section 106 of the National Historic Preservation Act (16 U.S.C. 470f), that - (i) the transportation program or project will have no adverse effect on the historic site; or (ii) there will be no historic properties affected by the transportation program or project; (B) the finding of the Secretary has received written concurrence from the applicable State historic preservation officer or tribal historic preservation officer (and from the Advisory Council on Historic Preservation if the Council is participating in the consultation process); and (C) the finding of the Secretary has been developed in consultation with parties consulting as part of the process referred to in subparagraph (A). (3) Parks, recreation areas, and wildlife or waterfowl refuges. - With respect to parks, recreation areas, or wildlife or waterfowl refuges, the Secretary may make a finding of de minimis impact only if - (A) the Secretary has determined, after public notice and opportunity for public review and comment, that the transportation program or project will not adversely affect the activities, features, and attributes of the park, recreation area, or wildlife or waterfowl refuge eligible for protection under this section; and (B) the finding of the Secretary has received concurrence from the officials with jurisdiction over the park, recreation area, or wildlife or waterfowl refuge. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100-17, title I, Sec. 133(d), Apr. 2, 1987, 101 Stat. 173; Pub. L. 109-59, title VI, Sec. 6009(a)(2), Aug. 10, 2005, 119 Stat. 1875.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 303(a) 49:1651(b)(2). Oct. 15, 1966, Pub. L. 89-670, Sec. 2(b)(2), 80 Stat. 931. 49:1653(f) (1st Oct. 15, 1966, Pub. L. sentence). 89-670, Sec. 4(f), 80 Stat. 934; restated Aug. 23, 1968, Pub. L. 90-495, Sec. 18(b), 82 Stat. 824. 303(b) 49:1653(f) (2d sentence). 303(c) 49:1653(f) (less 1st, 2d sentences). -------------------------------------------------------------------- In subsection (a), the words "hereby declared to be" before "the policy" are omitted as surplus. The words "of the United States Government" are substituted for "national" for clarity and consistency. In subsection (b), the words "crossed by transportation activities or facilities" are substituted for "traversed" for clarity. In subsection (c), before clause (1), the words "After August 23, 1968" after "Secretary" are omitted as executed. The word "transportation" is inserted before "program" for clarity. In clause (2), the words "or project" are added for consistency. AMENDMENTS 2005 - Subsec. (c). Pub. L. 109-59, Sec. 6009(a)(2)(A), inserted heading and substituted "Subject to subsection (d), the Secretary" for "The Secretary" in introductory provisions. Subsec. (d). Pub. L. 109-59, Sec. 6009(a)(2)(B), added subsec. (d). 1987 - Subsec. (c). Pub. L. 100-17 inserted "(other than any project for a park road or parkway under section 204 of title 23)" after "program or project". TREATMENT OF MILITARY FLIGHT OPERATIONS Pub. L. 105-85, div. A, title X, Sec. 1079, Nov. 18, 1997, 111 Stat. 1916, provided that: "No military flight operation (including a military training flight), or designation of airspace for such an operation, may be treated as a transportation program or project for purposes of section 303(c) of title 49, United States Code." -End- -CITE- 49 USC Sec. 303a 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 303a. Development of water transportation -STATUTE- (a) Policy. - It is the policy of Congress - (1) to promote, encourage, and develop water transportation, service, and facilities for the commerce of the United States; and (2) to foster and preserve rail and water transportation. (b) Definition. - In this section, "inland waterway" includes the Great Lakes. (c) Requirements. - The Secretary of Transportation shall - (1) investigate the types of vessels suitable for different classes of inland waterways to promote, encourage, and develop inland waterway transportation facilities for the commerce of the United States; (2) investigate water terminals, both for inland waterway traffic and for through traffic by water and rail, including the necessary docks, warehouses, and equipment, and investigate railroad spurs and switches connecting with those water terminals, to develop the types most appropriate for different locations and for transferring passengers or property between water carriers and rail carriers more expeditiously and economically; (3) consult with communities, cities, and towns about the location of water terminals, and cooperate with them in preparing plans for terminal facilities; (4) investigate the existing status of water transportation on the different inland waterways of the United States to learn the extent to which - (A) the waterways are being used to their capacity and are meeting the demands of traffic; and (B) water carriers using those waterways are interchanging traffic with rail carriers; (5) investigate other matters that may promote and encourage inland water transportation; and (6) compile, publish, and distribute information about transportation on inland waterways that the Secretary considers useful to the commercial interests of the United States. -SOURCE- (Pub. L. 103-272, Sec. 4(j)(6)(A), July 5, 1994, 108 Stat. 1366.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 303a 49 App.:142. Feb. 28, 1920, ch. 91, Sec. 500, 41 Stat. 499; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(9), 95 Stat. 154. -------------------------------------------------------------------- Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in chapter 3. In subsection (a)(2), the words "in full vigor both" are omitted as surplus. In subsection (b), the words "be construed to" are omitted as surplus. In subsection (c)(1), the word "appropriate" is omitted as surplus. The word "vessels" is substituted for "boats" for consistency in the revised title and with other titles of the United States Code. In subsection (c)(2), the words "the subject of", "apparatus", "appliances in connection therewith", and "or interchange" are omitted as surplus. In subsection (c)(3), the words "appropriate" and "suitable" are omitted as surplus. In subsection (c)(6), the words "province and", "from time to time", and "useful statistics, data, and" are omitted as surplus. -End- -CITE- 49 USC Sec. 304 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 304. Joint activities with the Secretary of Housing and Urban Development -STATUTE- (a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall - (1) consult and exchange information about their respective transportation policies and activities; (2) carry out joint planning, research, and other activities; (3) coordinate assistance for local transportation projects; and (4) jointly study methods by which policies and programs of the United States Government can ensure that urban transportation systems most effectively serve both transportation needs of the United States and the comprehensively planned development of urban areas. (b) The Secretaries shall report on April 1 of each year to the President, for submission to Congress, on their studies and other activities under this section, including legislative recommendations they consider desirable. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2419.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 304(a) 49:1653(g) (less 3d Oct. 15, 1966, Pub. L. sentence). 89-670, Sec. 4(g), 80 Stat. 934. 304(b) 49:1653(g) (3d sentence). -------------------------------------------------------------------- In subsection (a), the text of 49:1653(g) (last sentence) is omitted as executed. In subsection (a)(4), the word "ensure" is substituted for "assure" as being more precise. The words "of the United States Government" are substituted for "Federal", and the words "United States" are substituted for "national", for clarity and consistency. In subsection (b), the words "The Secretaries shall report on April 1 of each year" are substituted for "They shall, within one year after the effective date of the Act, and annually thereafter, report" to omit executed words and to specify the date of April 1 because the President prescribed April 1, 1967, as the effective date of the Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R. 5443). The word "consider" is substituted for "determine" for consistency. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions in subsec. (b) of this section relating to the requirement to submit an annual report to Congress, see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 4th item on page 150 of House Document No. 103-7. -End- -CITE- 49 USC Sec. 305 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 305. Transportation investment standards and criteria -STATUTE- (a) Subject to sections 301-304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to - (1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use; (2) an inter-oceanic canal located outside the 48 contiguous States; (3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation; (4) foreign assistance programs; (5) water resources projects; or (6) grant-in-aid programs authorized by law. (b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretary has prescribed standards and criteria under subsection (a) of this section shall - (1) prepare the survey, plan, or report under those standards and criteria and on the basis of information provided by the Secretary on the - (A) projected growth of transportation needs and traffic in the affected area; (B) the relative efficiency of various modes of transportation; (C) the available transportation services in the area; and (D) the general effect of the proposed investment on existing modes of transportation and on the regional and national economy; (2) coordinate the survey, plan, or report - (A) with the Secretary and include the views and comments of the Secretary; and (B) as appropriate, with other departments, agencies, and instrumentalities of the Government, States, and local governments, and include their views and comments; and (3) send the survey, plan, or report to the President for disposition under law and procedure established by the President. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2420.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 305(a) 49:1656(a) (less Oct. 15, 1966, Pub. L. next-to-last par.). 89-670, Sec. 7 (less (a) next-to-last par.), 80 Stat. 941. 305(b) 49:1656 (less (a)). -------------------------------------------------------------------- In subsection (a), before clause (1), the words "consistent with national transportation policies" after "develop standards and criteria" are omitted as unnecessary because of section 302 of the revised title. The words "Based on experience" are substituted for "in the light of experience", and the words "shall prescribe" are substituted for "be promulgated by the", to conform to other sections of the revised title. The words "from time to time" after "shall revise" are omitted as unnecessary. The words "This subsection does not apply to" are substituted for "except such proposals as are concerned with" for clarity. In clause (1), the words "a department, agency, or instrumentality of the Government" are substituted for "Federal agencies" for clarity and consistency. Similar conforming changes are made throughout the section. The word "services" after "provide transportation" is omitted as unnecessary. In clause (2), the words "48 contiguous States" are substituted for "contiguous United States" for clarity. The text of 49:1656(a) (last par.) that provided that the Secretary of Transportation was a member of the Water Resources Council on matters pertaining to navigation features of water resource projects is omitted as superseded because 42:1962(a) gave the Secretary membership on the Council without limitation. In subsection (b)(2), the words "unit of" before "governments" are omitted as surplus. In clause (3), the word "thereafter" after "send" is omitted as surplus. -End- -CITE- 49 USC Sec. 306 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 306. Prohibited discrimination -STATUTE- (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 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.). (c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection. (d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions: (1) direct that no more Federal financial assistance be provided the person. (2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person. (3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (4) take other action provided by law. (e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98-216, Sec. 2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(7), July 5, 1994, 108 Stat. 1376.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 97-449 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 306(a) 45:803(f). Feb. 5, 1976, Pub. L. 94-210, Sec. 905, 90 Stat. 148. 306(b) 45:803(a). 306(c), (d) 45:803(b). 306(e) 45:803(c)-(e). -------------------------------------------------------------------- In subsection (b), the enumerated laws are substituted for "through financial assistance under this Act", meaning the Rail Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210, 90 Stat. 31) and laws amended by that Act. The laws cited in the subsection are substituted for "through financial assistance under this Act" for clarity. The enumerated laws include provisions of the Railroad Revitalization and Regulatory Reform Act of 1976 that amend other laws as well as provisions that are not amendments to other laws. A reference to the Urban Mass Transportation Act of 1964 (Pub. L. 88-365, 78 Stat. 302) is omitted because this section related to that Act is superseded by 49:1615. In subsection (c), the word "decides" is substituted for "determines" for consistency. The word "ensure" is substituted for "assure" as being more precise. In subsection (d), the words "at least one of the following actions" are substituted for "and/or" for clarity and consistency. In subsection (e), the text of 45:803(d) is omitted as unnecessary because section 322 of the revised title gives the Secretary of Transportation general authority to prescribe regulations and other provisions of the revised title give the Secretary general authority to carry out his duties and powers. The text of 45:803(e) is omitted as unnecessary. PUB. L. 98-216 This is necessary to correct a cross-reference in section 306(b) and to reflect the transfer of the non-positive law provisions of title 49 to title 49 appendix. -REFTEXT- REFERENCES IN TEXT The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat. 31, as amended. Title V of the Act is classified generally to subchapter II (Sec. 821 et seq.) of chapter 17 of Title 45, Railroads. For complete classification of this Act to the Code, see Short Title note set out under section 801 of Title 45 and Tables. The Civil Rights Act of 1964, referred to in subsec. (d)(3), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (Sec. 2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables. -MISC2- AMENDMENTS 1994 - Subsec. (b). Pub. L. 103-272 substituted "section 332 or 333 or chapter 221 or 249 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or title V of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq.)" for "section 332 or 333 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the Department of Transportation Act (49 U.S.C. 1653(i), 1654)". 1984 - Subsec. (b). Pub. L. 98-216 substituted "section 332 or 333 of this title" for "section 332 of this title" and "49 App. U.S.C." for "49 U.S.C.". -End- -CITE- 49 USC Sec. 307 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 307. Safety information and intervention in Interstate Commerce Commission proceedings -STATUTE- (a) The Secretary of Transportation shall inspect promptly the safety compliance record in the Department of Transportation of each person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service. The Secretary shall report the findings of the inspection to the Commission. (b) When the Secretary is not satisfied with the safety record of a person applying for permanent authority to provide transportation or freight forwarder service, or for approval of a proposed transfer of permanent authority, the Secretary shall intervene and present evidence of the fitness of the person to the Commission in its proceedings. (c) When requested by the Commission, the Secretary shall - (1) provide the Commission with a complete report on the safety compliance of a carrier providing transportation or freight forwarder service subject to its jurisdiction; (2) provide promptly a statement of the safety record of a person applying to the Commission for temporary authority to provide transportation; (3) intervene and present evidence in a proceeding in which a finding of fitness is required; and (4) make additional safety compliance surveys and inspections the Commission decides are desirable to allow it to act on an application or to make a finding on the fitness of a carrier. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2421.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 307(a) 49:1653(e)(1). Oct. 15, 1966, Pub. L. 89-670, Sec. 4(e), 80 Stat. 934. 307(b) 49:1653(e)(2). 307(c) 49:1653(e)(3), (4). -------------------------------------------------------------------- In the section, the words "be the duty of" before "Secretary shall" are omitted as surplus. In subsection (a), the word "inspect" is substituted for "investigate" as being more appropriate. The words "person applying to the Interstate Commerce Commission for authority to provide transportation or freight forwarder service" are substituted for "applicant seeking operating authority from the Interstate Commerce Commission" as being more precise and to conform to subtitle IV of the revised title. The words "of the inspection" are inserted for clarity. In subsection (b), the words "person applying for permanent authority to provide transportation or freight forwarder service" are substituted for "applicant for permanent operating authority" as being more precise and to conform to subtitle IV of the revised title. The words "proposed transfer of permanent authority" are substituted for "proposed transaction involving transfer of operating authority" to eliminate surplus words and for clarity because the transfer only involves permanent authority. In subsection (c)(1), the words "providing transportation or freight forwarder service subject to its jurisdiction" are inserted for clarity. Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity and to conform to subtitle IV of the revised title. The words "freight forwarder service" are not used because the law does not provide for temporary authority for freight forwarders. In subsection (c)(3) and (4), the word "finding" is substituted for "determination" to conform to subtitle IV of the revised title. In subsection (c)(3), the words "necessary or" before "desirable" are omitted as surplus. -TRANS- ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104- 88, to Surface Transportation Board effective Jan. 1, 1996, by section 702 of this title, and section 101 of Pub. L. 104-88, set out as a note under section 701 of this title. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104-88, set out as a note under section 701 of this title. -End- -CITE- 49 USC Sec. 308 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 308. Reports -STATUTE- (a) As soon as practicable after the end of each fiscal year, the Secretary of Transportation shall report to the President, for submission to Congress, on the activities of the Department of Transportation during the prior fiscal year. (b) The Secretary shall submit to the President and Congress each year a report on the aviation activities of the Department. The report shall include - (1) collected information the Secretary considers valuable in deciding questions about - (A) the development and regulation of civil aeronautics; (B) the use of airspace of the United States; and (C) the improvement of the air navigation and traffic control system; and (2) recommendations for additional legislation and other action the Secretary considers necessary. (c) The Secretary shall submit to Congress each year a report on the conditions of the public ports of the United States, including the - (1) economic and technological development of the ports; (2) extent to which the ports contribute to the national welfare and security; and (3) factors that may impede the continued development of the ports. [(d) Repealed. Pub. L. 104-66, title I, Sec. 1121(h), Dec. 21, 1995, 109 Stat. 724.] (e)(1) The Secretary shall submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report of estimates by the Secretary on the current performance and condition of public mass transportation systems with recommendations for necessary administrative or legislative changes. (2) In reporting to Congress under this subsection, the Secretary shall prepare a complete assessment of public transportation facilities in the United States. The Secretary also shall assess future needs for those facilities and estimate future capital requirements and operation and maintenance requirements for one- year, 5-year, and 10-year periods at specified levels of service. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec. 2(1)(A), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104-66, title I, Sec. 1121(h), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105- 362, title XV, Sec. 1502(c), Nov. 10, 1998, 112 Stat. 3295.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 97-449 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 308(a) 45:792. Jan. 2, 1974, Pub. L. 93-236, Sec. 602, 87 Stat. 1022. 49:1658. Oct. 15, 1966, Pub. L. 89-670, Sec. 12, 80 Stat. 949; Feb. 5, 1976, Pub. L. 94-210, Sec. 906(1), 90 Stat. 149. 308(b) 49:1354(e). Aug. 23, 1958, Pub. L. 85-726, Sec. 313(e), 72 Stat. 753. 308(c) 15:1519a. Oct. 3, 1980, Pub. L. 96-371, Sec. 2, 94 Stat. 1362; Aug. 6, 1981, Pub. L. 97-31, Sec. 12(8), 95 Stat. 154. -------------------------------------------------------------------- In subsection (a), the words "As part of his annual report each year" in 45:792 are omitted as unnecessary because of the restatement of the source provisions. In subsection (b), before clause (1), the words "aviation activities of the Department" are substituted for "work performed under this chapter" because of the restatement. The words "The report shall include" are substituted for "Such report shall contain" for consistency. In clause (1), the words "and data" after "information" are omitted as surplus. The words "airspace of the United States" are substituted for "National airspace" for clarity and consistency. In clause (2), the words "the Secretary considers necessary" are substituted for "as may be considered" for clarity. PUB. L. 98-216 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 308(d) 49 App.:1654a. Oct. 14, 1980, Pub. L. 96-448, Sec. 409, 94 Stat. 1948; Dec. 21, 1982, Pub. L. 97-375, Sec. 210(a), 96 Stat. 1825. 308(e) 49 App.:1601c. Jan. 6, 1983, Pub. L. 97-424, Sec. 310, 96 Stat. 2151. -------------------------------------------------------------------- This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (Pub. L. 97-375, 96 Stat. 1821) repealed section 602 of the Regional Rail Reorganization Act of 1973 (Pub. L. 93-236, 87 Stat. 1022), which was restated as section 308(a) (last sentence) of title 49 by section 1 of the Act of January 12, 1983 (Pub. L. 97-449, 96 Stat. 2413). In subsection (e)(1), the words "January of each even-numbered year" are substituted for "January of 1984 and in January of every second year thereafter" to eliminate unnecessary words. AMENDMENTS 1998 - Subsec. (e)(1). Pub. L. 105-362 substituted "submit to Congress in March 1998, and in March of each even-numbered year thereafter, a report" for "submit a report to Congress in January of each even-numbered year". 1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which related to reports to Congress listing assistance provided by Government to railroad industry. 1984 - Pub. L. 98-216, Sec. 2(1)(A)(i), substituted "Reports" for "Annual reports" in section catchline. Subsec. (a). Pub. L. 98-216, Sec. 2(1)(A)(ii), struck out requirement that the report include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973. Subsecs. (d), (e). Pub. L. 98-216, Sec. 2(1)(A)(iii), added subsecs. (d) and (e). TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103-7 (in which reporting provisions contained in subsecs. (a) and (b) of this section and, as subsequently amended, subsec. (e) of this section, are listed, respectively, as the 11th item on page 133, the last item on page 132, and the 5th item on page 138), see section 3003 of Pub. L. 104-66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. ANNUAL REPORT ON SAFETY ENFORCEMENT ACTIVITIES OF FEDERAL AVIATION ADMINISTRATION Pub. L. 100-202, Sec. 101(l) [title III, Sec. 317(a)], Dec. 22, 1987, 101 Stat. 1329-358, 1329-380, and Pub. L. 100-457, title III, Sec. 317(a), Sept. 30, 1988, 102 Stat. 2148, which required Secretary of Transportation to transmit to Congress an annual report on Federal Aviation Administration's prior safety enforcement activities including staffing level comparisons, inspector experience and training schedules, criteria used to set annual work programs, annual inspection comparisons, statement of adequacy of internal management controls, status of regulatory changes, list of specific operational measures of effectiveness, schedule showing number of civil penalty cases closed, schedule showing number of enforcement actions taken, and schedules showing aviation industry's safety record, were repealed and reenacted as section 44723 of this title by Pub. L. 103-272, Secs. 1(e), 7(b), July 5, 1994, 108 Stat. 1202, 1379. -End- -CITE- 49 USC Sec. 309 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION -HEAD- Sec. 309. High-speed ground transportation -STATUTE- (a) The Secretary of Transportation, in consultation with the Secretaries of Commerce, Energy, and Defense, the Administrator of the Environmental Protection Agency, the Assistant Secretary of the Army for Public Works, and the heads of other interested agencies, shall lead and coordinate Federal efforts in the research and development of high-speed ground transportation technologies in order to foster the implementation of magnetic levitation and high- speed steel wheel on rail transportation systems as alternatives to existing transportation systems. (b)(1) The Secretary may award contracts and grants for demonstrations to determine the contributions that high-speed ground transportation could make to more efficient, safe, and economical intercity transportation systems. Such demonstrations shall be designed to measure and evaluate such factors as the public response to new equipment, higher speeds, variations in fares, improved comfort and convenience, and more frequent service. In connection with grants and contracts for demonstrations under this section, the Secretary shall provide for financial participation by private industry to the maximum extent practicable. (2)(A) In connection with the authority provided under paragraph (1), there is established a national high-speed ground transportation technology demonstration program, which shall be separate from the national magnetic levitation prototype development program established under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991 and shall be managed by the Secretary of Transportation. (B)(i) Any eligible applicant may submit to the Secretary a proposal for demonstration of any advancement in a high-speed ground transportation technology or technologies to be incorporated as a component, subsystem, or system in any revenue service high- speed ground transportation project or system under construction or in operation at the time the application is made. (ii) Grants or contracts shall be awarded only to eligible applicants showing demonstrable benefit to the research and development, design, construction, or ultimate operation of any maglev technology or high-speed steel wheel on rail technology. Criteria to be considered in evaluating the suitability of a proposal under this paragraph shall include - (I) feasibility of guideway or track design and construction; (II) safety and reliability; (III) impact on the environment in comparison to other high- speed ground transportation technologies; (IV) minimization of land use; (V) effect on human factors related to high-speed ground transportation; (VI) energy and power consumption and cost; (VII) integration of high-speed ground transportation systems with other modes of transportation; (VIII) actual and projected ridership; and (IX) design of signaling, communications, and control systems. (C) For the purposes of this paragraph, the term "eligible applicant" means any United States private business, State government, local government, organization of State or local government, or any combination thereof. The term does not include any business owned in whole or in part by the Federal Government. (D) The amount and distribution of grants or contracts made under this paragraph shall be determined by the Secretary. No grant or contract may be awarded under this paragraph to demonstrate a technology to be incorporated into a project or system located in a State that prohibits under State law the expenditure of non-Federal public funds or revenues on the construction or operation of such project or system. (E) Recipients of grants or contracts made pursuant to this paragraph shall agree to submit a report to the Secretary detailing the results and benefits of the technology demonstration proposed, as required by the Secretary. (c)(1) In carrying out the responsibilities of the Secretary under this section, the Secretary is authorized to enter into 1 or more cooperative research and development agreements (as defined by section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (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 - (A) conducting research to overcome technical and other barriers to the development and construction of practicable high- speed ground transportation systems and to help advance the basic generic technologies needed for these systems; and (B) transferring the research and basic generic technologies described in subparagraph (A) to industry in order to help create a viable commercial high-speed ground transportation industry within the United States. (2) In a cooperative agreement or funding agreement under paragraph (1), the Secretary may agree to provide not more than 80 percent of the cost of any project under the agreement. Not less than 5 percent of the non-Federal entity's share of the cost of any such project shall be paid in cash. (3) The research, development, or utilization of any technology pursuant to a cooperative agreement under paragraph (1), including the terms under which such technology may be licensed and the resulting royalties may be distributed, shall be subject to the provisions of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.). (4) The research, development, or utilization of any technology pursuant to a funding agreement under paragraph (1), including the determination of all licensing and ownership rights, shall be subject to the provisions of chapter 18 of title 35, United States Code. (5) At the conclusion of fiscal year 1993 and again at the conclusion of fiscal year 1996, the Secretary shall submit reports to Congress regarding research and technology transfer activities conducted pursuant to the authorization contained in paragraph (1). (d)(1) Not later than June 1, 1995, the Secretary shall complete and submit to Congress a study of the commercial feasibility of constructing 1 or more high-speed ground transportation systems in the United States. Such study shall consist of - (A) an economic and financial analysis; (B) a technical assessment; and (C) recommendations for model legislation for State and local governments to facilitate construction of high-speed ground transportation systems. (2) The economic and financial analysis referred to in paragraph (1)(A) shall include - (A) an examination of the potential market for a nationwide high-speed ground transportation network, including a national magnetic levitation ground transportation system; (B) an examination of the potential markets for short-haul high- speed ground transportation systems and for intercity and long- haul high-speed ground transportation systems, including an assessment of - (i) the current transportation practices and trends in each market; and (ii) the extent to which high-speed ground transportation systems would relieve the current or anticipated congestion on other modes of transportation; (C) projections of the costs of designing, constructing, and operating high-speed ground transportation systems, the extent to which such systems can recover their costs (including capital costs), and the alternative methods available for private and public financing; (D) the availability of rights-of-way to serve each market, including the extent to which average and maximum speeds would be limited by the curvature of existing rights-of-way and the prospect of increasing speeds through the acquisition of additional rights-of-way without significant relocation of residential, commercial, or industrial facilities; (E) a comparison of the projected costs of the various competing high-speed ground transportation technologies; (F) recommendations for funding mechanisms, tax incentives, liability provisions, and changes in statutes and regulations necessary to facilitate the development of individual high-speed ground transportation systems and the completion of a nationwide high-speed ground transportation network; (G) an examination of the effect of the construction and operation of high-speed ground transportation systems on regional employment and economic growth; (H) recommendations for the roles appropriate for local, regional, and State governments to facilitate construction of high-speed ground transportation systems, including the roles of regional economic development authorities; (I) an assessment of the potential for a high-speed ground transportation technology export market; (J) recommendations regarding the coordination and centralization of Federal efforts relating to high-speed ground transportation; (K) an examination of the role of the National Railroad Passenger Corporation in the development and operation of high- speed ground transportation systems; and (L) any other economic or financial analyses the Secretary considers important for carrying out this section. (3) The technical assessment referred to in paragraph (1)(B) shall include - (A) an examination of the various technologies developed for use in the transportation of passengers by high-speed ground transportation, including a comparison of the safety (including dangers associated with grade crossings), energy efficiency, operational efficiencies, and environmental impacts of each system; (B) an examination of the potential role of a United States designed maglev system, developed as a prototype under section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, in relation to the implementation of other high-speed ground transportation technologies and the national transportation system; (C) an examination of the work being done to establish safety standards for high-speed ground transportation as a result of the enactment of section 7 of the Rail Safety Improvement Act of 1988; (D) an examination of the need to establish appropriate technological, quality, and environmental standards for high- speed ground transportation systems; (E) an examination of the significant unresolved technical issues surrounding the design, engineering, construction, and operation of high-speed ground transportation systems, including the potential for the use of existing rights-of-way; (F) an examination of the effects on air quality, energy consumption, noise, land use, health, and safety as a result of the decreases in traffic volume on other modes of transportation that are expected to result from the full-scale development of high-speed ground transportation systems; and (G) any other technical assessments the Secretary considers important for carrying out this section. (e)(1) Within 12 months after the submission of the study required by subsection (d), the Secretary shall establish the national high-speed ground transportation policy (hereinafter in this section referred to as the "Policy"). (2) The Policy shall include - (A) provisions to promote the design, construction, and operation of high-speed ground transportation systems in the United States; (B) a determination whether the various competing high-speed ground transportation technologies can be effectively integrated into a national network and, if not, whether 1 or more such technologies should receive preferential encouragement from the Federal Government to enable the development of such a national network; (C) a strategy for prioritizing the markets and corridors in which the construction of high-speed ground transportation systems should be encouraged; and (D) provisions designed to promote American competitiveness in the market for high-speed ground transportation technologies. (3) The Secretary shall solicit comments from the public in the development of the Policy and may consult with other Federal agencies as appropriate in drafting the Policy. -SOURCE- (Added Pub. L. 102-240, title I, Sec. 1036(c)(1), Dec. 18, 1991, 105 Stat. 1982.) -REFTEXT- REFERENCES IN TEXT Section 1036(b) of the Intermodal Surface Transportation Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and (d)(3)(B), is section 1036(b) of Pub. L. 102-240, which is set out below. The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat. 2311, as amended, which is classified generally to chapter 63 (Sec. 3701 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 3701 of Title 15 and Tables. Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of Pub. L. 100-342, which amended section 431 of Title 45, Railroads. -MISC1- EFFECTIVE DATE Section effective Dec. 18, 1991, and applicable to funds authorized to be appropriated or made available after Sept. 30, 1991, and, with certain exceptions, not applicable to funds appropriated or made available on or before Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as an Effective Date of 1991 Amendment note under section 104 of Title 23, Highways. NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT PROGRAM Section 1036(b) of Pub. L. 102-240 provided that: "(1) Management of program. - There is hereby established a national magnetic levitation prototype development program to be managed by a program director appointed jointly by the Secretary and the Assistant Secretary of the Army for Civil Works (hereinafter in this subsection referred to as the 'Assistant Secretary'). To carry out such program, the Secretary and the Assistant Secretary shall establish a national maglev joint project office (hereinafter in this subsection referred to as the 'Maglev Project Office'), which shall be headed by the program director, and shall enter into such arrangements as may be necessary for funding, staffing, office space, and other requirements that will allow the Maglev Project Office to carry out its functions. In carrying out such program, the program director shall consult with appropriate Federal officials, including the Secretary of Energy and the Administrator of the Environmental Protection Agency. "(2) Phase one contracts. - "(A) Request for proposals. - Not later than 12 months after the date of the enactment of this Act [Dec. 18, 1991], the Maglev Project Office shall release a request for proposals for development of conceptual designs for a maglev system and for research to facilitate the development of such conceptual designs. "(B) Award of contracts. - Not later than 15 months after the date of the enactment of this Act, the Secretary and the Assistant Secretary shall, based on the recommendations of the program director, award 1-year contracts for research and development to no fewer than 5 eligible applicants. If fewer than 5 complete applications have been received, contracts shall be awarded to as many eligible applicants as is practical. "(C) Factors and conditions to be considered. - The Secretary and the Assistant Secretary may approve contracts under subparagraph (B) only after consideration of factors relating to the construction and operation of a magnetic levitation system, including the cost-effectiveness, ease of maintenance, safety, limited environmental impact, ability to achieve sustained high speeds, ability to operate along the Interstate highway rights-of- way, the potential for the guideway design to be a national standard, the applicant's resources, capabilities, and history of successfully designing and developing systems of similar complexity, and the desirability of geographic diversity among contractors and only if the applicant agrees to submit a report to the Maglev Project Office detailing the results of the research and development and agrees to provide for matching of the phase one contract at a 90 percent Federal, 10 percent non- Federal, cost share. "(3) Phase two contracts. - Within 3 months of receiving the final reports of contract activities under paragraph (2), and based only on such reports and the recommendations of the program director, the Secretary and the Assistant Secretary shall select not more than 3 eligible applicants from among the contract recipients submitting reports under paragraph (2) to receive 18- month contracts for research and development leading to a detailed design for a prototype maglev system. The Secretary and the Assistant Secretary may only award contracts under this paragraph if - "(A) they determine that the applicant has demonstrated technical merit for the conceptual design and the potential for further development of such design into an operational prototype as described in paragraph (4), "(B) the applicant agrees to submit the detailed design within such 18-month period to the Maglev Project Office and the selection committee described in paragraph (4), and "(C) the applicant agrees to provide for matching of the phase two contract at an 80 percent Federal, 20 percent non-Federal, cost share. "(4) Prototype. - "(A) Selection of design. - Within 6 months of receiving the detailed designs developed under paragraph (3), the Secretary and the Assistant Secretary shall, based on the recommendations of the selection committee described in this subparagraph, select 1 design for development into a full-scale prototype, unless the Secretary and the Assistant Secretary determine jointly that no design shall be selected, based on an assessment of technical feasibility and projected cost of construction and operation of the prototype. A selection committee of 8 members, consisting of - "(i) 1 member to be appointed by the Secretary, "(ii) 1 member to be appointed by the Assistant Secretary, "(iii) 3 members to be appointed by the Senate majority and minority leaders, and "(iv) 3 members to be appointed by the Speaker of the House and the minority leader of the House, shall be appointed not later than 1 year following the award of contracts under paragraph (3). The selection committee, within 3 months of receiving the detailed designs developed under paragraph (3), shall make a recommendation to the Secretary and the Assistant Secretary as to the best prototype design or the unsuitability of any design. The program director shall provide technical reviews of the phase two contract reports to the selection committee and otherwise provide any technical assistance that the committee requires to assist it in making a recommendation. In the event that the Secretary and the Assistant Secretary determine jointly not to select a design for development under this subsection, they shall report to Congress on the basis for such determination, together with recommendations for future action, including further research, development, or design, termination of the program, or such other action as may be appropriate. "(B) Award of construction grant or contract. - Unless the Secretary and the Assistant Secretary determine not to proceed pursuant to subparagraph (A), they shall, not later than 3 months after selection of a design for development into a full-scale prototype, and based on the recommendations of the program director, award 1 construction grant or contract to the applicant whose detailed design was selected under subparagraph (A) for the purpose of constructing a prototype maglev system in accordance with the selected design. Not more than 75 percent of the cost of the project shall be borne by the United States. "(C) Factors to be considered in selection. - Selection of the detailed design under this paragraph shall be based on consideration of the following factors, among others: "(i) The project shall be capable of utilizing Interstate highway rights-of-way along or above a significant portion of its route, and may also use railroad rights-of-way along or above any portion of the railroad route. "(ii) The total length of guideway shall be at least 19 miles and allow significant full-speed operations between stops. "(iii) The project shall be constructed and ready for operational testing within 3 years after the award of the contract or grant. "(iv) The project shall provide for the conversion of the prototype to commercial operation after testing and technical evaluation is completed. "(v) The project shall be located in an area that provides a potential ridership base for future commercial operation. "(vi) The project shall utilize a technology capable of being applied in commercial service in most parts of the contiguous United States. "(vii) The project shall have at least 1 switch. "(viii) The project shall be intermodal in nature connecting a major metropolitan area with an airport, port, passenger rail station, or other transportation mode. "(D) Additional factors for consideration. - In awarding a grant or contract under this paragraph, the Secretary shall encourage the development of domestic manufacturing capabilities. In selecting among eligible applicants, the Secretary shall consider existing railroads and equipment manufacturers with excess production capacity, including railroads that have experience in advanced technologies (including self-propelled cars). "(5) Licensing. - "(A) Proprietary rights. - No trade secrets or commercial or financial information that is privileged or confidential, under the meaning of section 552(b)(4) of title 5, United States Code, which is obtained from a United States business, research, or education entity as a result of activities under this subsection shall be disclosed. "(B) Commercial information. - The research, development, and use of any technology developed pursuant to an agreement reached pursuant to this subsection, including the terms under which any 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. 3701-3714). In addition, the Secretary and the Assistant Secretary may require any grant or contract recipient to assure that research and development be performed substantially in the United States and that the products embodying the inventions made under any agreement pursuant to this subsection or produced through the use of such inventions be manufactured substantially in the United States. "(6) Reports. - The Secretary and the Assistant Secretary shall provide periodic reports to Congress on progress made under this subsection. "(7) Eligible applicant defined. - For purposes of this subsection, the term 'eligible applicant' means a United States private business, United States public or private education and research organization, Federal laboratory, or a consortium of such businesses, organizations, and laboratories." -End- -CITE- 49 USC SUBCHAPTER II - ADMINISTRATIVE 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER II - ADMINISTRATIVE -HEAD- SUBCHAPTER II - ADMINISTRATIVE -End- -CITE- 49 USC Sec. 321 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 321. Definitions -STATUTE- In this subchapter, "aeronautics", "air commerce", and "air navigation facility" have the same meanings given those terms in section 40102(a) of this title. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103-429, Sec. 6(2), Oct. 31, 1994, 108 Stat. 4378.) -MISC1- HISTORICAL AND REVISION NOTES PUB. L. 97-449 -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 321 (no source). -------------------------------------------------------------------- A number of the source provisions of the subchapter are taken from 49:ch. 20. The text of 49:ch. 20 contains general definitions, some of which are used in those source provisions. The section includes those definitions from 49:ch. 20 that are used in the source provisions included in the subchapter. PUB. L. 103-429 This makes a clarifying amendment to 49:321. AMENDMENTS 1994 - Pub. L. 103-429 struck out ", respectively" after "of this title". Pub. L. 103-272 substituted "section 40102(a) of this title" for "section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 App. U.S.C. 1301(2), (4), (8))". 1984 - Pub. L. 98-216 substituted "49 App. U.S.C." for "49 U.S.C.". EFFECTIVE DATE OF 1994 AMENDMENT Section 9 of Pub. L. 103-429 provided that: "The amendments made by sections 6(2)-(15), (19)-(35), (37)-(39), (41), (44)-(52), (54)- (62), (65), (66)(B), (70), (73)-(76), and (78)-(81) of this Act [enacting section 41312 of this title and amending this section and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326, 5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165, 30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705, 32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110, 41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302, 46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532, 60109, and 60112 of this title] shall take effect on July 5, 1994." -End- -CITE- 49 USC Sec. 322 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 322. General powers -STATUTE- (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), 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned. (c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers - (1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent; (2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and (3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies. (d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for - (1) rent and personal services; (2) travel expenses; (3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges; (4) printing and binding; (5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics; (6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade; (7) investigations and studies about aeronautics; and (8) acquiring, exchanging, operating, and maintaining passenger- carrying aircraft and automobiles and other property. (e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that - (1) making the property would require a substantial initial investment or an extended period of preparation; and (2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2422.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 322(a) 49:1657(e)(1) (last Oct. 15, 1966, Pub. L. 19 words), (2) 89-670, Sec. 9(e)-(g), 80 (last 19 words), Stat. 944. (f), (g). 322(b) 49:1344(d) (less Aug. 23, 1958, Pub. L. words after 85-726, Secs. 302(k), semicolon). 303(a), (d) (less words after semicolon), 80 Stat. 747, 749. 49:1657(e)(1) (less last 19 words), (2) (less last 19 words), (3). 5 App. U.S.C. Reorg. Plan No. 2 of 1968, eff. July 1, 1968, Sec. 2, 82 Stat. 1369. 322(c) 49:1343(i). 322(d) 49:1344(a). 322(e) 49:1344(e). Aug. 23, 1958, Pub. L. 85-726, 72 Stat. 731, Sec. 303(e); added May 21, 1970, Pub. L. 91-258, Sec. 51(a)(1), 84 Stat. 234; July 12, 1976, Pub. L. 94-353, Sec. 16, 90 Stat. 882; Oct. 19, 1980, Pub. L. 96-470, Sec. 112(e), 94 Stat. 2240. -------------------------------------------------------------------- In the chapter, the words "Secretary of Transportation" and "Secretary" are substituted for "Administrator" in the provisions of the Federal Aviation Act of 1958 (Pub. L. 85-726, 72 Stat. 731) restated in the revised chapter because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). In subsection (a), the words "may prescribe regulations to carry out the duties and powers" are substituted for "may make such rules and regulations as may be necessary to carry out . . . functions, powers, and duties" for consistency and to eliminate unnecessary words. The text of 49:1657(f) and (g) is omitted as executed because the transfer of personnel, assets, and liabilities, etc., has been accomplished. In subsection (b), the words "Except where this chapter vests in any administration, agency or board, specific functions, powers, and duties" before "the Secretary may" in 49:1657(e)(1) are omitted because of the specific wording of sections 103, 104, and 106 of the revised title. The words "in addition to the authority to delegate and redelegate contained in any other Act in the exercise of the functions transferred to or vested in the Secretary in this chapter" before "delegate" in 49:1657(e)(1) are omitted because the authority of the Secretary to delegate is consolidated in the subsection. The words "the duties and powers of the Secretary" are substituted for "any of his residual functions, powers, and duties" in 49:1657(e)(1) and "any of the functions transferred to him by this reorganization plan" in section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and consistency. The words "as he may designate" and "of such functions, powers, and duties as he may deem desirable" are omitted as surplus each place they appear in 49:1657(e)(1) and (2). The text of section 322(b) (1st sentence) of the revised title is substituted for 49:1344(d) (less words after semicolon) for clarity and because of the transfer of aviation functions to the Secretary of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2) (words before 2d comma) is omitted as unnecessary because the authority of an officer to delegate is consolidated in the subsection. The words "the duties and powers of the officer" are substituted for "such functions, powers, and duties" in 49:1657(e)(2) for clarity and consistency. The words "the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title" are substituted for "any of the statutory duties and responsibilities specifically assigned to them by this chapter" in 49:1657(e)(3) for clarity. The words "may not be delegated to an officer or employee outside the Administration concerned" are substituted for "The Administrators established by section 1652(e) of this title . . . may not delegate . . . outside of their respective administrations" in 49:1657(e)(3) for clarity and because of the restatement of the section. In subsection (c), before clause (1), the words "aviation duties and powers" are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. In clause (2), the words "those departments, agencies, and instrumentalities" are substituted for "such other agencies and instrumentalities" in 49:1343(i) for clarity and consistency. The words "aviation . . . Department" are substituted for "Administration" in 49:1343(i) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). In subsection (d), before clause (1), the words "aviation duties and powers" are substituted for "for the exercise and performance of the powers and duties vested in and imposed upon him by law" in 49:1344(a) because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words "at the seat of government and elsewhere as may be necessary" after "expenditures" and "and as from time to time may be appropriated for by Congress" are omitted as surplus. In clause (8), the words "passenger-carrying aircraft and automobiles" are substituted for "passenger-carrying automobiles and aircraft" in 49:1344(a) for clarity. The words "such . . . as is necessary in the exercise and performance of the powers and duties of the Secretary" after "aircraft" in 49:1344(a) are omitted as unnecessary because of the restatement of the section. The text of 49:1344(a) (proviso) is omitted as unnecessary. In subsection (e), before clause (1), the words "or in support of" are omitted as surplus. In clause (1), the words "making the property" are substituted for "for manufacture" for clarity. In clause (2), the word "formal" is omitted as unnecessary. The word "unreasonably" is substituted for "unduly" for consistency. AVAILABILITY OF RECEIPTS FROM FITNESS CENTERS FOR OPERATION AND MAINTENANCE OF FACILITIES Pub. L. 106-69, title III, Sec. 329, Oct. 9, 1999, 113 Stat. 1021, provided that: "Hereafter, notwithstanding any other provision of law, receipts, in amounts determined by the Secretary, collected from users of fitness centers operated by or for the Department of Transportation shall be available to support the operation and maintenance of those facilities." Similar provisions were contained in the following prior appropriation acts: Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 332], Oct. 21, 1998, 112 Stat. 2681-439, 2681-471. Pub. L. 105-66, title III, Sec. 332, Oct. 27, 1997, 111 Stat. 1447. Pub. L. 104-205, title III, Sec. 344, Sept. 30, 1996, 110 Stat. 2976. -EXEC- EXECUTIVE ORDER NO. 11382 Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon establishment of Department of Transportation amended and revoked certain executive orders relating to transportation, and, in addition to any other authority, authorized Secretary of Transportation and Federal Aviation Administrator to redelegate and authorize successive redelegations of any authority conferred in the order or the orders amended by it. -End- -CITE- 49 USC Sec. 323 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 323. Personnel -STATUTE- (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. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2423.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 323(a) 49:1343(d). Aug. 23, 1958, Pub. L. 85-726, Sec. 302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87-367, Sec. 205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87-793, Sec. 1001(h), 76 Stat. 864. 49:1343(f). Aug. 23, 1958, Pub. L. 85-726, Sec. 302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87-367, Sec. 205(a), 75 Stat. 791. 49:1657(a). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95-251, Sec. 2(a)(12), 92 Stat. 183. 323(b) 49:1343(g) (1st Aug. 23, 1958, Pub. L. sentence 33d-43d 85-726, Sec. 302(i) (1st words). sentence 31st-41st words), 72 Stat. 747. 49:1657(b). -------------------------------------------------------------------- In the section, the word "pay" is substituted for "compensation" for consistency with title 5. In subsection (a), the words "In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department" before "the Secretary" and "subject to the civil service and classification laws" before "to select" in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word "appoint" is substituted for "select, employ, appoint" because it is inclusive. The words "attorneys, and agents" after "employees" in 49:1343(d) and "including investigators, attorneys, and administrative law judges" after "employees" in 49:1657(a) are omitted as included in "officers and employees". The words "of the Department of Transportation" are substituted for "as are necessary to carry out the provisions of this chapter" for consistency. The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95-454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act. In subsection (b), the word "procure" is substituted for "obtain" to conform to 5:3109. The words "unless otherwise specified in an appropriation Act" after "individuals" in 49:1657(b) are omitted as surplus. -End- -CITE- 49 USC Sec. 324 01/02/2006 -EXPCITE- TITLE 49 - TRANSPORTATION SUBTITLE I - DEPARTMENT OF TRANSPORTATION CHAPTER 3 - GENERAL DUTIES AND POWERS SUBCHAPTER II - ADMINISTRATIVE -HEAD- Sec. 324. Members of the armed forces -STATUTE- (a) The Secretary of Transportation - (1) to ensure that national defense interests are safeguarded properly and that the Secretary is advised properly about the needs and special problems of the armed forces, shall provide for participation of members of the armed forces in carrying out the duties and powers of the Secretary related to the regulation and protection of air traffic, including providing for, and research and development of, air navigation facilities, and the allocation of airspace; and (2) may provide for participation of members of the armed forces in carrying out other duties and powers of the Secretary. (b) A member of the Coast Guard on active duty may be appointed, detailed, or assigned to a position in the Department of Transportation, except the position of Secretary, Deputy Secretary, or Assistant Secretary for Administration. A retired member of the Coast Guard may be appointed, detailed, or assigned to a position in the Department. (c) The Secretary of Transportation and the Secretary of a military department may make cooperative agreements, including agreements on reimbursement as may be considered appropriate by the Secretaries, under which a member of the armed forces may be appointed, detailed, or assigned to the Department of Transportation under this section. The Secretary of Transportation shall send a report each year to the appropriate committees of Congress on agreements made to carry out subsection (a)(2) of this section, including the number, rank, and position of each member appointed, detailed, or assigned under those agreements. (d) The Secretary of a military department does not control the duties and powers of a member of the armed forces appointed, detailed, or assigned under this section when those duties and powers pertain to the Department of Transportation. A member of the armed forces appointed, detailed, or assigned under subsection (a)(2) of this section may not be charged against a statutory limitation on grades or strengths of the armed forces. The appointment, detail, or assignment and service of a member under this section to a position in the Department of Transportation does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from that status, office, rank, or grade. -SOURCE- (Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2423.) -MISC1- HISTORICAL AND REVISION NOTES -------------------------------------------------------------------- Revised Source (U.S. Code) Source (Statutes at Large) Section -------------------------------------------------------------------- 324(a)(1) 49:1343(a)(1) (1st Aug. 23, 1958, Pub. L. sentence). 85-726, Sec. 302(c)(1), (2) (related to cooperative agreements), 72 Stat. 745. 324(a)(2) 49:1657(c) (1st Oct. 15, 1966, Pub. L. sentence). 89-670, Sec. 9(c), (d), 80 Stat. 944. 324(b) 49:1657(p). Oct. 15, 1966, Pub. L. 89-670, Sec. 9(p), 80 Stat. 947; Oct. 28, 1974, Pub. L. 93-496, Sec. 16(b), 88 Stat. 1533. 324(c) 49:1343(a)(1) (less 1st sentence). 49:1657(c) (less 1st sentence), (d)(2). 324(d) 49:1343(a)(2) (related to cooperative agreements). 49:1657(d)(1). -------------------------------------------------------------------- In the section, the words "members of the armed forces" are substituted for "military personnel", "Members of the Army, the Navy, the Air Force, or the Marine Corps", and "members of the armed services" for clarity and to conform to title 10. In subsection (a)(2), the words "other duties and powers of the Secretary" are substituted for "the functions of the Department" for clarity and consistency. In subsection (b), the words "Notwithstanding any provision of this chapter or other law" before "a member" and "Subject to the provisions of title 5" before "a retired" are omitted as unnecessary. In subsection (c), the words "The Secretary of Transportation and the Secretary of a military department may make cooperative agreements under which" are substituted for "by the appropriate Secretary, pursuant to cooperative agreements with the Secretary of Transportation" in 49:1343(a)(1) and 49:1657(c) for clarity. The words "or the Coast Guard" before "may be detailed" in 49:1343(a)(1) (2d sentence) are omitted because of the transfer of the Coast Guard to the Secretary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words "may be appointed, detailed, or assigned" are substituted for "may be detailed" for clarity and consistency in 49:1343(a)(1) and 49:1657(c). The words "to the Department of Transportation" are substituted for "for service in the Administration to effect such participation" in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words "in writing" after "annually" in 49:1657(d)(2) are omitted as unnecessary. The words "each member appointed, detailed, or assigned" are substituted for "personnel appointed" and "members of the armed services detailed" in 49:1657(d)(2) for clarity and consistency. In subsection (d), the words "The Secretary of a military department" are substituted for "his armed force or any officer thereof" in 49:1657(d)(1) and "the department from which detailed or appointed or by any agency or officer thereof" in 49:1343(a)(2) for clarity and consistency. The words "directly or indirectly" before "with respect to" are omitted as surplus. The words "the