Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
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---
type: "LegalText"
title: "49 U.S.C. § 103"
description: "Federal Railroad Administration"
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title_number: 49
title_name: "TRANSPORTATION"
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citation: "49 U.S.C. § 103"
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---
# 49 U.S.C. § 103 - Federal Railroad Administration
## Text
(a) In General.— The Federal Railroad Administration is an administration in the Department of Transportation.
(b) Safety.— To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.
(c) Safety as Highest Priority.— In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in railroad transportation.
(d) Administrator.— The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(e) Deputy Administrator.— The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(f) Chief Safety Officer.— The Administration shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Administration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator.
(g) Duties and Powers of the Administrator.— The Administrator shall carry out—
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for carrying out chapters 203 through 211;
(2) the duties and powers related to railroad policy and development under subsection (j); and
(3) other duties and powers prescribed by the Secretary.
(h) Limitation.— A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or another Federal Government entity only when specifically provided by law. A decision of the Administrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final.
(i) Authorities.— Subject to the provisions of subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Transportation may make, enter into, and perform such contracts, grants, leases, cooperative agreements, and other similar transactions with Federal or other public agencies (including State and local governments) and private organizations and persons, and make such payments, by way of advance or reimbursement, as the Secretary may determine to be necessary or appropriate to carry out functions at the Administration. The authority of the Secretary granted by this subsection shall be carried out by the Administrator. Notwithstanding any other provision of this chapter, no authority to enter into contracts or to make payments under this subsection shall be effective, except as provided for in appropriations Acts.
(j) Additional Duties of the Administrator.— The Administrator shall—
(1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 11 So in original. Probably should be “chapter;”.
(2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as determined by the Secretary in order to promote an integrated, cohesive, efficient, and optimized national rail system for the movement of goods and people;
(3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008;
(4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail development;
(5) support rail intermodal development and high-speed rail development, including high speed rail planning;
(6) ensure that programs and initiatives developed under this section benefit the public and work toward achieving regional and national transportation goals; and
(7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners relating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to corridors shared by passenger or commuter rail service and freight rail operations.
(k) Performance Goals and Reports.— (1) Performance goals.— In conjunction with the objectives established and activities undertaken under subsection (j) of this section, the Administrator shall develop a schedule for achieving specific, measurable performance goals.
(2) Resource needs.— The strategy and annual plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j).
(3) Submission with presidents budget.— Beginning with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the Presidents budget submission, the Administrations performance goals and schedule developed under paragraph (1), including an assessment of the progress of the Administration toward achieving its performance goals.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)
## Notes
Historical and Revision Notes Pub. L. 97449 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 103(a)49:1652(e)(1) (1st sentence related to FRA).Oct. 15, 1966, Pub. L. 89670, §§ 3(e) (related to FRA) (1), (3), (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940. 49:1652a.July 8, 1976, Pub. L. 94348, § 6, 90 Stat. 820. 103(b)49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence). 103(c)49:1655(f)(3)(A).Oct. 15, 1966, Pub. L. 89670, § 6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92401, § 6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93633, § 113(e)(1), 88 Stat. 2163. 49:1652(e)(3) (related to FRA) (less last sentence). 103(d)49:1652(e)(4) (related to FRA). 49:1655(f)(3)(C) (related to FRA). In subsection (a), the words “To carry out” are substituted for “for purposes of administering and enforcing” in 49:1652a for consistency and to eliminate surplus words. The words “under those laws” are substituted for “pursuant to Federal railroad safety laws” to eliminate surplus words. The words “is responsible” are substituted for “shall retain full and final responsibility” and “shall be responsible” to eliminate surplus words. The words “and for the establishment of all policies with respect to implementation of such laws” are omitted as surplus. In subsection (b), the words “Each of these components” are omitted as surplus. In subsection (c), the words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(A) for clarity and consistency. The words “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))” are substituted for “subsection (e) of this section (other than subsection (e)(4) of this section)” in 49:1655(f)(3)(A) for clarity. In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal.
Pub. L. 103272Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.
Editorial Notes
References in TextThe date of enactment of the Passenger Rail Investment and Improvement Act of 2008, referred to in subsec. (j)(3), is the date of enactment of Pub. L. 110432, which was approved Oct. 16, 2008.
Amendments2011—Subsec. (i). Pub. L. 111350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (e), was executed to subsec. (i), to reflect the probable intent of Congress. 2008—Subsec. (a). Pub. L. 110432, § 307(1), (2), inserted heading and struck out at end “To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.” Subsecs. (b) to (k). Pub. L. 110432, §§ 101, 307(3), (4), added subsecs. (b) to (k) and struck out former subsecs. (b) to (e), which related to: in subsec. (b), Administrator as head of the Administration; in subsec. (c), Administrators duties and powers; in subsec. (d), transfer of duties or powers and effect of Administrators decision; and, in subsec. (e), authority of Secretary of Transportation. 2002—Subsec. (e). Pub. L. 107217 inserted “subtitle I of title 40 and title III of” before “the Federal Property” and substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”. 1994—Subsec. (c)(1). Pub. L. 103272 substituted “section 20134(c) and chapters 203211 of this title, and chapter 213 of this title in carrying out chapters 203211” for “section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 App. U.S.C. 1655(e)(1), (2), and (6)(A))”. Subsec. (e). Pub. L. 103440 added subsec. (e). 1984—Subsec. (c)(1). Pub. L. 98216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Statutory Notes and Related Subsidiaries
Update of Federal Railroad Administration Web SitePub. L. 110432, div. A, title III, § 307, Oct. 16, 2008, 122 Stat. 4881, as amended by Pub. L. 11494, div. A, title XI, § 11316(j)(5), Dec. 4, 2015, 129 Stat. 1677, provided that: “(a) In General.—The Secretary shall update the Federal Railroad Administrations public Web site to better facilitate the ability of the public, including those individuals who are not regular users of the public Web site, to find current information regarding the Federal Railroad Administrations activities. “(b) Public Reporting of Violations.—On the Federal Railroad Administrations public Web sites home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Federal Railroad Administration.” [For definitions of “Secretary” and “railroad”, as used in section 307 of Pub. L. 110432, set out above, see section 2(a) of Pub. L. 110432, set out as a note under section 20102 of this title.]
Funds for Broadband High Speed Internet Service Connection for Federal Railroad Administration EmployeesPub. L. 108447, div. H, title I, § 151, Dec. 8, 2004, 118 Stat. 3222, provided that: “Notwithstanding any provisions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percentage of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Administration certifies that adequate safeguards against private misuse exist, and that the service is necessary for direct support of the agencys mission.”
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# 49 U.S.C. § 104 - Federal Highway Administration
## Text
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b) (1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 104(a)49:1652(e)(1) (1st sentence related to FHWA).Oct. 15, 1966, Pub. L. 89670, §§ 3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (related to FHWA), 80 Stat. 932, 940. 104(b)(1)49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). 104(b)(2)23:303(a)(1) (1st, 2d sentences). 104(b)(3)23:303(a)(1) (last sentence), (b), (c). 104(c)49:1655(f)(3)(B).Oct. 15, 1966, Pub. L. 89670, § 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93633, § 113(e)(2), 88 Stat. 2163. 23:401 (note).Sept. 9, 1966, Pub. L. 89564, § 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91605, § 202(a), 84 Stat. 1740. 49:1652(e)(3) (related to FHWA) (less last sentence). 104(d)49:1652(e)(4) (related to FHWA). 49:1655(f)(3)(C) (related to FHWA).  In subsection (b)(1), the words “Each of these components” are omitted as surplus. In subsection (b)(2), the words “In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act” in 23:303(a)(1) (1st sentence) are omitted as surplus. In subsection (b)(3), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation. In subsection (c), the source provisions are consolidated. The words “The Administrator shall carry out duties and powers” are substituted for “The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for” in 23:401 (note) and “carry out the functions, powers, and duties of the Secretary” in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words “vested in the Secretary” are substituted for “as set forth in the statutes transferred to the Secretary” in 49:1655(f)(3)(B) for clarity and consistency. In subsection (d), the word “law” is substituted for “statute” in 49:1652(e)(4) for consistency. The words after “administratively final” in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal.
Editorial Notes
References in TextThe Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, also known as the Hobbs Bridge Act, which is classified generally to subchapter II (§ 511 et seq.) of chapter 11 of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Tables.
Amendments1999—Subsec. (c). Pub. L. 106159, § 101(c)(2)(A), substituted “; and” for the semicolon at end of par. (1), redesignated par. (3) as (2), and struck out former par. (2) which read as follows: “duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 315 of this title; and”. Subsecs. (d), (e). Pub. L. 106159, § 101(c)(2)(B), (C), redesignated subsec. (e) as (d) and struck out former subsec. (d) which read as follows: “A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.” 1996—Subsec. (e). Pub. L. 104324 added subsec. (e). 1994—Subsec. (b)(1). Pub. L. 103272, § 4(j)(2), substituted “Administrator” for “Admininstrator” before “who is”. Subsec. (c)(2). Pub. L. 103272, § 5(m)(2), substituted “315” for “31”.
Statutory Notes and Related Subsidiaries
Effective Date of 1999 AmendmentPub. L. 106159, title I, § 107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: “This Act [see Tables for classification] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Elimination of Regional Office ResponsibilitiesPub. L. 105178, title I, § 1220, June 9, 1998, 112 Stat. 221, provided that: “(a) In General.—“(1) Elimination.—The Secretary [of Transportation] shall eliminate any programmatic decisionmaking responsibility of the regional offices of the Federal Highway Administration for the Federal-aid highway program as part of the Administrations efforts to restructure its field organization. “(2) Activities.—In carrying out paragraph (1), the Secretary shall eliminate regional offices, create technical resource centers, and, to the maximum extent practicable, delegate authority to State offices of the Federal Highway Administration. “(b) Preference.—In locating the technical resource centers, the Secretary shall give preference to cities that house, on the date of enactment of this Act [June 9, 1998], the Federal Highway Administration regional offices and are in locations that minimize the travel distance between the technical resource centers and the Federal Highway Administration division offices that will be served by the new technical resource centers. “(c) Report to Congress.—The Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed implementation plan to carry out this section not later than September 30, 1998, and thereafter provide periodic progress reports on carrying out this section to such Committees. “(d) Implementation.—The Secretary shall begin implementation of the plan transmitted under subsection (c) not later than December 31, 1998.”
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# 49 U.S.C. § 105 - National Highway Traffic Safety Administration
## Text
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out chapter 301 of this title through the Administrator.
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10523:401 (note).Sept. 9, 1966, Pub. L. 89564, § 201(a) (less pay of Administrator and Deputy Administrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91605, § 202(a), 84 Stat. 1739. In subsection (a), the words “The . . . is an administration in the” are substituted for “There is hereby established within the”, in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89564, 80 Stat. 731) to conform to other sections of the revised title. The words “(hereafter in this section referred to as the Administration)” are omitted as unnecessary. In subsection (c), the words “carry out . . . duties and powers . . . prescribed by the Secretary” are substituted for “perform such duties as are delegated to him by the Secretary” to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for “highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection”, in section 201(b)(2) of the Highway Safety Act of 1966 for clarity. In subsection (d), the words “Administration . . . authorized by this section” are omitted as surplus. The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed.
Editorial Notes
Amendments1994—Subsec. (d). Pub. L. 103272 substituted “chapter 301 of this title” for “the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)”.
Statutory Notes and Related Subsidiaries
Required Reporting of NHTSA AgendaPub. L. 11494, div. B, title XXIV, § 24401, Dec. 4, 2015, 129 Stat. 1720, provided that: “Not later than December 1 of the year beginning after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Administrator of the National Highway Traffic Safety Administration shall publish on the public website of the Administration, and file with the Committees on Energy and Commerce and Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administrations projected activities, including— “(1) the Administrators policy priorities; “(2) any rulemakings projected to be commenced; “(3) any plans to develop guidelines; “(4) any plans to restructure the Administration or to establish or alter working groups; “(5) any planned projects or initiatives of the Administration, including the working groups and advisory committees of the Administration; and “(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).”
National Highway Traffic Safety Administration Electronics, Software, and Engineering ExpertisePub. L. 112141, div. C, title I, § 31401, July 6, 2012, 126 Stat. 772, provided that: “(a) Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies.—“(1) In general.—The Secretary [of Transportation] shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Technologies (referred to in this section as the Council) to build, integrate, and aggregate the Administrations expertise in passenger motor vehicle electronics and other new and emerging technologies. “(2) Implementation of roadmap.—The Council shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, meet fuel economy standards, and enhance passenger motor vehicle safety through continued utilization of the Administrations Plastic and Composite Intensive Vehicle Safety Roadmap (Report No. DOT HS 810 863). “(3) Intra-agency coordination.—The Council shall coordinate with all components of the Administration responsible for vehicle safety, including research and development, rulemaking, and defects investigation. “(b) Honors Recruitment Program.—“(1) Establishment.—The Secretary shall establish, within the National Highway Traffic Safety Administration, an honors program for engineering students, computer science students, and other students interested in vehicle safety that will enable such students to train with engineers and other safety officials for careers in vehicle safety. “(2) Stipend.—The Secretary is authorized to provide a stipend to any student during the students participation in the program established under paragraph (1). “(c) Assessment.—The Council, in consultation with affected stakeholders, shall periodically assess the implications of emerging safety technologies in passenger motor vehicles, including the effect of such technologies on consumers, product availability, and cost.”
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# 49 U.S.C. § 107 - Federal Transit Administration
## Text
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 10749:1608 (note).Reorg. Plan No. 2 of 1968, eff. July 1, 1968, § 3, 82 Stat. 1369. In subsection (b), the words “and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (5 U.S.C. 5314)” are omitted as surplus because of 5:5314.
Editorial Notes
Amendments1991—Pub. L. 102240 substituted “Federal Transit Administration” for “Urban Mass Transportation Administration” in section catchline and subsec. (a).
Statutory Notes and Related Subsidiaries
Change of Name Pub. L. 102240, title III, § 3004(a), (b), Dec. 18, 1991, 105 Stat. 2088, provided that: “(a) Redesignation of UMTA.—The Urban Mass Transportation Administration of the Department of Transportation shall be known and designated as the Federal Transit Administration. “(b) References.—Any reference in a law, map, regulation, document, paper, or other record of the United States to the Urban Mass Transportation Administration shall be deemed to be a reference to the Federal Transit Administration.”
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# 49 U.S.C. § 108 - Pipeline and Hazardous Materials Safety Administration
## Text
(a) In General.— The Pipeline and Hazardous Materials Safety Administration shall be an administration in the Department of Transportation.
(b) Safety as Highest Priority.— In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in pipeline transportation and hazardous materials transportation.
(c) Administrator.— The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in pipeline safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transportation.
(d) Deputy Administrator.— The Administration shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e) Chief Safety Officer.— The Administration shall have an Assistant Administrator for Pipeline and Hazardous Materials Safety appointed in the competitive service by the Secretary. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator.
(f) Duties and Powers of the Administrator.— The Administrator shall carry out—
(1) duties and powers related to pipeline and hazardous materials transportation and safety vested in the Secretary by chapters 51, 57, 61, 601, and 603; and
(2) other duties and powers prescribed by the Secretary.
(g) Limitation.— A duty or power specified in subsection (f)(1) may be transferred to another part of the Department of Transportation or another government entity only if specifically provided by law.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103272, § 4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108426, § 2(a), Nov. 30, 2004, 118 Stat. 2423.)
## Notes
Historical and Revision Notes Pub. L. 97449 RevisedSectionSource (U.S. Code)Source (Statutes at Large) 108(a)49:1655(b)(1), (2).Oct. 15, 1966, Pub. L. 89670, §§ 3(e)(3) (related to USCG), 6(b)(1), (2), 80 Stat. 932, 938. 108(b)49:1652(e)(3) (related to USCG).  Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words “Except when operating as a service of the Navy” are substituted for 49:1655(b)(2) because of 14:3. The words “The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967” are substituted for “and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury” to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (Pub. L. 89670, 80 Stat. 931). In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words “carrying out the duties and powers specified by law” are substituted for “such functions, powers, and duties as are specified in this chapter to be carried out”, and the words “carry out duties and powers prescribed” are substituted for “carry out such additional functions, powers, and duties as”, for consistency.
Pub. L. 103272Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
Editorial Notes
Amendments2004—Pub. L. 108426 amended section catchline and text generally, substituting provisions relating to Pipeline and Hazardous Materials Safety Administration for provisions relating to Coast Guard. 1994—Subsec. (a). Pub. L. 103272 designated existing provisions as par. (1), substituted “The Coast Guard” for “Except when operating as a service in the Navy, the Coast Guard”, and added par. (2).
Statutory Notes and Related Subsidiaries
Savings ProvisionsPub. L. 108426, § 5, Nov. 30, 2004, 118 Stat. 2426, as amended by Pub. L. 110244, title III, § 302(h), June 6, 2008, 122 Stat. 1618, provided that: “(a) Transfer of Assets and Personnel.—Personnel, property, and records employed, used, held, available, or to be made available in connection with functions transferred within the Department of Transportation by this Act [see Short Title of 2004 Amendment note set out under section 101 of this title] shall be transferred for use in connection with the functions transferred, and unexpended balances of appropriations, allocations, and other funds (including funds of any predecessor entity) shall also be transferred accordingly. “(b) Legal Documents.—All orders (including delegations by the Secretary of Transportation), determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges—“(1) that have been issued, made, granted, or allowed to become effective by any officer or employee, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act; and “(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Department, any other authorized official, a court of competent jurisdiction, or operation of law. “(c) Proceedings.—The provisions of this Act shall not affect any proceedings, including administrative enforcement actions, pending before this Act takes effect, insofar as those functions are transferred by this Act; but such proceedings, to the extent that they relate to functions so transferred, shall proceed in accordance with applicable law and regulations. Nothing in this subsection shall be deemed to prohibit the conclusion or modification of any proceeding described in this subsection under the same terms and conditions and to the same extent that such proceeding could have been concluded or modified if this Act had not been enacted. The Secretary of Transportation is authorized to provide for the orderly transfer of pending proceedings. “(d) Suits.—“(1) In general.—This Act shall not affect suits commenced before the date of enactment of this Act [Nov. 30, 2004], except as provided in paragraphs (2) and (3). In all such suits, proceedings shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. “(2) Suits by or against department.—Any suit by or against the Department begun before the date of enactment of this Act, shall proceed in accordance with applicable law and regulations, insofar as it involves a function retained and transferred under this Act. “(3) Procedures for remanded cases.—If the court in a suit described in paragraph (1) remands a case, subsequent proceedings related to such case shall proceed under procedures that are in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings. “(e) Continuance of Actions Against Officers.—No suit, action, or other proceeding commenced by or against any officer in his or her official capacity shall abate by reason of the enactment of this Act. “(f) Exercise of Authorities.—An officer or employee of the Department, for purposes of performing a function transferred by this Act, may exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function by this Act. “(g) References.—A reference relating to an agency, officer, or employee affected by this Act in any Federal law, Executive order, rule, regulation, or delegation of authority, or in any document pertaining to an officer or employee, is deemed to refer, as appropriate, to the agency, officer, or employee who succeeds to the functions transferred by this Act. “(h) Definition.—In this section, the term this Act includes the amendments made by this Act.”
Workforce ManagementPub. L. 114183, § 9, June 22, 2016, 130 Stat. 520, provided that: “(a) Review.—Not later than 1 year after the date of the enactment of this Act [June 22, 2016], the Inspector General of the Department of Transportation shall submit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, a review of Pipeline and Hazardous Materials Safety Administration staff resource management, including—“(1) geographic allocation plans, hiring and time-to-hire challenges, and expected retirement rates and recruitment and retention strategies; “(2) an identification and description of any previous periods of macroeconomic and pipeline industry conditions under which the Pipeline and Hazardous Materials Safety Administration has encountered difficulty in filling vacancies, and the degree to which special hiring authorities, including direct hiring authority authorized by the Office of Personnel Management, could have ameliorated such difficulty; and “(3) recommendations to address hiring challenges, training needs, and any other identified staff resource challenges. “(b) Direct Hiring.—Upon identification of a period described in subsection (a)(2), the Administrator of the Pipeline and Hazardous Materials Safety Administration may apply to the Office of Personnel Management for the authority to appoint qualified candidates to any position relating to pipeline safety, as determined by the Administrator, without regard to sections 3309 through 3319 of title 5, United States Code. “(c) Savings Clause.—Nothing in this section shall preclude the Administrator of the Pipeline and Hazardous Materials Safety Administration from applying to the Office of Personnel Management for the authority described in subsection (b) prior to the completion of the report required under subsection (a).”
Transfer of Duties and Powers of Research and Special Programs AdministrationPub. L. 108426, § 2(b), Nov. 30, 2004, 118 Stat. 2424, provided that: “The authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Pipeline and Hazardous Materials Safety Administration.” For transfer of authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of this title, to the Administrator of the Research and Innovative Technology Administration, see section 4(b) of Pub. L. 108426, set out as a note under former section 112 of this title. Pub. L. 108426, § 7, Nov. 30, 2004, 118 Stat. 2428, provided that: “The Secretary shall provide for the orderly transfer of duties and powers under this Act [see Short Title of 2004 Amendment note set out under section 101 of this title], including the amendments made by this Act, as soon as practicable but not later than 90 days after the date of enactment of this Act [Nov. 30, 2004].”
ReportsPub. L. 108426, § 6, Nov. 30, 2004, 118 Stat. 2428, provided that: “(a) Reports by the Inspector General.—Not later than 30 days after the date of enactment of this Act [Nov. 30, 2004], the Inspector General of the Department of Transportation shall submit to the Secretary of Transportation and the Administrator of the Pipeline and Hazardous Materials Safety Administration a report containing the following:“(1) A list of each statutory mandate regarding pipeline safety or hazardous materials safety that has not been implemented. “(2) A list of each open safety recommendation made by the National Transportation Safety Board or the Inspector General regarding pipeline safety or hazardous materials safety. “(b) Reports by the Secretary.—“(1) Statutory mandates.—Not later than 90 days after the date of enactment of this Act, and every 180 days thereafter until each of the mandates referred to in subsection (a)(1) has been implemented, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the specific actions taken to implement such mandates. “(2) NTSB and inspector general recommendations.—Not later than January 1st of each year, the Secretary shall transmit to the Committee on Transportation and Infrastructure and the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report containing each recommendation referred to in subsection (a)(2) and a copy of the Department of Transportation response to each such recommendation.”
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# 49 U.S.C. § 110 - Great Lakes St. Lawrence Seaway Development Corporation
## Text
(a) The Great Lakes St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation.
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary.
(Pub. L. 97449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)
## Notes
Historical and Revision Notes RevisedSectionSource (U.S. Code)Source (Statutes at Large) 110(a)(no source). 110(b)33:981 (note).Oct. 15, 1966, Pub. L. 89670, § 8(g)(2), 80 Stat. 943. Subsection (a) is included to provide in chapter 1 of the revised title a complete list of the organizational units established by law that are in the Department of Transportation or are subject to the direction and supervision of the Secretary of Transportation.
Editorial Notes
Amendments2020—Pub. L. 116260, § 512(c)(7)(A)(i)(I), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation” in section catchline. Subsec. (a). Pub. L. 116260, § 512(c)(7)(A)(i)(II), substituted “Great Lakes St. Lawrence Seaway Development Corporation” for “Saint Lawrence Seaway Development Corporation”. 1994—Subsec. (a). Pub. L. 103272 substituted “Saint Lawrence” for “St. Lawrence”.
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# 49 U.S.C. § 111 - Repealed. Pub. L. 112141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895]
## Notes
Section, added Pub. L. 102240, title VI, § 6006(a), Dec. 18, 1991, 105 Stat. 2172; amended Pub. L. 104287, § 5(2), Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 10959, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, established the Bureau of Transportation Statistics. See chapter 63 of this title.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
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# 49 U.S.C. § 112 - Repealed. Pub. L. 11494, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]
## Notes
Section, added Pub. L. 102508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 10959, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 11376, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
Transfer of Duties and PowersPub. L. 11376, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: “That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.” [Pub. L. 11975, div. D, title I, Feb. 3, 2026, 140 Stat. 325, provided in part: “That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.” ] [Similar provisions were contained in the following prior appropriations acts: [Pub. L. 11842, div. F, title I, Mar. 9, 2024, 138 Stat. 300.] [Pub. L. 117328, div. L, title I, Dec. 29, 2022, 136 Stat. 5094.] [Pub. L. 117103, div. L, title I, Mar. 15, 2022, 136 Stat. 684.] [Pub. L. 116260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824.] [Pub. L. 11694, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.] [Pub. L. 1166, div. G, title I, Feb. 15, 2019, 133 Stat. 396.] [Pub. L. 115141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.] [Pub. L. 11531, div. K, title I, May 5, 2017, 131 Stat. 725.] [Pub. L. 114113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.] [Pub. L. 113235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.] Pub. L. 108426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.” For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108426, set out as a note under section 108 of this title.
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chapter_number: "1"
chapter_name: "ORGANIZATION"
section: "115"
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# 49 U.S.C. § 115 - Transportation Security Oversight Board
## Text
(a) In General.— There is established in the Department of Homeland Security a board to be known as the “Transportation Security Oversight Board”.
(b) Membership.— (1) Number and appointment.— The Board shall be composed of 7 members as follows:
(A) The Secretary of Homeland Security, or the Secretarys designee.
(B) The Secretary of Transportation, or the Secretarys designee.
(C) The Attorney General, or the Attorney Generals designee.
(D) The Secretary of Defense, or the Secretarys designee.
(E) The Secretary of the Treasury, or the Secretarys designee.
(F) The Director of National Intelligence, or the Directors designee.
(G) One member appointed by the President to represent the National Security Council.
(2) Chairperson.— The Chairperson of the Board shall be the Secretary of Homeland Security.
(c) Duties.— The Board shall—
(1) review and ratify or disapprove any regulation or security directive issued by the Administrator of the Transportation Security Administration under section 114(l)(2) within 30 days after the date of issuance of such regulation or directive;
(2) facilitate the coordination of intelligence, security, and law enforcement activities affecting transportation;
(3) facilitate the sharing of intelligence, security, and law enforcement information affecting transportation among Federal agencies and with carriers and other transportation providers as appropriate;
(4) explore the technical feasibility of developing a common database of individuals who may pose a threat to transportation or national security;
(5) review plans for transportation security;
(6) make recommendations to the Administrator regarding matters reviewed under paragraph (5).
(d) Quarterly Meetings.— The Board shall meet at least quarterly.
(e) Consideration of Security Information.— A majority of the Board may vote to close a meeting of the Board to the public, except that meetings shall be closed to the public whenever classified,11 So in original. The word “information” probably should be inserted. sensitive security information, or information protected in accordance with section 40119(b),22 See References in Text note below. will be discussed.
(Added Pub. L. 10771, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.)
## Notes
Editorial Notes
References in TextSection 40119 of this title, referred to in subsec. (e), was repealed by Pub. L. 115254, div. K, title I, § 1991(c)(3), Oct. 5, 2018, 132 Stat. 3627.
Amendments2018—Subsec. (c)(1). Pub. L. 115254, § 1991(b)(1), substituted “Administrator of the Transportation Security Administration” for “Under Secretary of Transportation for security”. Subsec. (c)(6). Pub. L. 115254, § 1991(b)(2), substituted “Administrator” for “Under Secretary”. 2010—Subsec. (b)(1)(F). Pub. L. 111259 amended subpar. (F) generally. Prior to amendment, subpar. (F) read as follows: “The Director of the Central Intelligence Agency, or the Directors designee.” 2002—Subsec. (a). Pub. L. 107296, § 426(a)(1), substituted “Department of Homeland Security” for “Department of Transportation”. Subsec. (b)(1). Pub. L. 107296, § 426(a)(2), added subpar. (A), redesignated former subpars. (A) to (F) as (B) to (G), respectively, and struck out former subpar. (G) which read as follows: “One member appointed by the President to represent the Office of Homeland Security.” Subsec. (b)(2). Pub. L. 107296, § 426(a)(3), substituted “Secretary of Homeland Security” for “Secretary of Transportation”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(2), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 49 U.S.C. § 117 - Council on Credit and Finance
## Text
(a) Establishment.— The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.
(b) Membership.— (1) In general.— The Council shall be composed of the following members:
(A) The Deputy Secretary of Transportation.
(B) The Under Secretary of Transportation for Policy.
(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(D) The General Counsel of the Department of Transportation.
(E) The Assistant Secretary for Transportation Policy.
(F) The Administrator of the Federal Highway Administration.
(G) The Administrator of the Federal Transit Administration.
(H) The Administrator of the Federal Railroad Administration.
(2) Additional members.— The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.
(3) Chairperson and vice chairperson.— (A) Chairperson.— The Deputy Secretary of Transportation shall serve as the chairperson of the Council.
(B) Vice chairperson.— The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.
(4) Executive director.— The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.
(c) Duties.— The Council shall—
(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
(4) review, on a regular basis, projects that received assistance under such programs; and
(5) carry out such additional duties as the Secretary may prescribe.
(Added Pub. L. 11494, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)
## Notes
Statutory Notes and Related Subsidiaries
Effective DateSection effective Oct. 1, 2015, see section 1003 of Pub. L. 11494, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
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# 49 U.S.C. § 118 - Office of Multimodal Freight Infrastructure and Policy
## Text
(a) Definitions.— In this section:
(1) Department.— The term “Department” means the Department of Transportation.
(2) Freight office.— The term “Freight Office” means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b).
(3) Secretary.— The term “Secretary” means the Secretary of Transportation.
(b) Establishment.— The Secretary shall establish within the Department an Office of Multimodal Freight Infrastructure and Policy.
(c) Purposes.— The purposes of the Freight Office shall be—
(1) to carry out the national multimodal freight policy described in section 70101;
(2) to administer and oversee certain multimodal freight grant programs within the Department in accordance with subsection (d);
(3) to promote and facilitate the sharing of information between the private and public sectors with respect to freight issues;
(4) to conduct research on improving multimodal freight mobility, and to oversee the freight research activities of the various agencies within the Department;
(5) to assist cities and States in developing freight mobility and supply chain expertise;
(6) to liaise and coordinate with other Federal departments and agencies; and
(7) to carry out other duties, as prescribed by the Secretary.
(d) Administration of Policies and Programs.— The Freight Office shall—
(1) develop and manage—
(A) the national freight strategic plan described in section 70102; and
(B) the National Multimodal Freight Network established under section 70103;
(2) (A) oversee the development and updating of the State freight plans described in section 70202; and
(B) provide guidance or best practices relating to the development and updating of State freight plans under that section;
(3) (A) administer multimodal freight grant programs, including multimodal freight grants established under section 117 of title 23; and
(B) establish procedures for analyzing and evaluating applications for grants under those programs;
(4) assist States in the establishment of—
(A) State freight advisory committees under section 70201; and
(B) multi-State freight mobility compacts under section 70204; and
(5) provide to the Bureau of Transportation Statistics input regarding freight data and planning tools.
(e) Assistant Secretary.— (1) In general.— The Freight Office shall be headed by an Assistant Secretary for Multimodal Freight, who shall—
(A) be appointed by the President, by and with the advice and consent of the Senate; and
(B) have professional standing and demonstrated knowledge in the field of freight transportation.
(2) Duties.— The Assistant Secretary shall—
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the activities, decisions, operations, and personnel of the Freight Office;
(C) work with the modal administrations of the Department to encourage multimodal collaboration; and
(D) carry out such additional duties as the Secretary may prescribe.
(f) Consolidation and Elimination of Duplicative Offices.— (1) Consolidation of offices and office functions.— The Secretary may consolidate into the Freight Office any office or office function within the Department that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Freight Office.
(2) Elimination of offices.— The Secretary may eliminate any office within the Department if the Secretary determines that—
(A) the purposes of the office are duplicative of the purposes of the Freight Office;
(B) the office or the functions of the office have been substantially consolidated with the Freight Office pursuant to paragraph (1);
(C) the elimination of the office will not adversely affect the requirements of the Secretary under any Federal law; and
(D) the elimination of the office will improve the efficiency and effectiveness of the programs and functions conducted by the office.
(g) Staffing and Budgetary Resources.— (1) In general.— The Secretary shall ensure that the Freight Office is adequately staffed and funded.
(2) Staffing.— (A) Transfer of positions to freight office.— Subject to subparagraph (B), the Secretary may transfer to the Freight Office any position within any other office of the Department if the Secretary determines that the position is necessary to carry out the purposes of the Freight Office.
(B) Requirement.— If the Secretary transfers a position to the Freight Office pursuant to subparagraph (A), the Secretary, in coordination with the appropriate modal administration of the Department, shall ensure that the transfer of the position does not adversely affect the requirements of the modal administration under any Federal law.
(3) Budgetary resources.— (A) Transfer of funds from consolidated or eliminated offices.— (i) In general.— To carry out the purposes of the Freight Office, the Secretary may transfer to the Freight Office from any office or office function that is consolidated or eliminated under subsection (f) any funds allocated for the consolidated or eliminated office or office function.
(ii) Retransfer.— Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.
(B) Transfer of funds allocated for administrative costs.— (i) In general.— The Secretary may transfer to the Freight Office any funds allocated for the administrative costs of the programs referred to in subsection (d)(3).
(ii) Retransfer.— Any portion of any funds or limitations of obligations transferred to the Freight Office pursuant to clause (i) may be transferred back to, and merged with, the original account.
(h) Website.— (1) Description of freight office.— The Secretary shall make publicly available on the website of the Department a description of the Freight Office, including a description of—
(A) the programs managed or made available by the Freight Office; and
(B) the eligibility requirements for those programs.
(2) Clearinghouse.— The Secretary may establish a clearinghouse for tools, templates, guidance, and best practices on a page of the website of the Department that supports the purposes of this section.
(i) Notification to Congress.— Not later than 1 year after the date of enactment of this section, and not less frequently than once every 180 days thereafter until the date on which the Secretary determines that the requirements of this section have been met, the Secretary shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a notification that—
(1) describes—
(A) the programs and activities administered or overseen by the Freight Office; and
(B) the status of those programs and activities;
(2) identifies—
(A) the number of employees working in the Freight Office as of the date of the notification;
(B) the total number of employees expected to join the Freight Office to support the programs and activities described in paragraph (1); and
(C) the total number of positions that, as a result of the consolidation of offices under this section, were—
(i) eliminated; or
(ii) transferred, assigned, or joined to the Freight Office;
(3) (A) indicates whether the Secretary has consolidated into the Freight Office any office or office function pursuant to subsection (f)(1); and
(B) if the Secretary has consolidated such an office or function, describes the rationale for the consolidation;
(4) (A) indicates whether the Secretary has eliminated any office pursuant to subsection (f)(2); and
(B) if the Secretary has eliminated such an office, describes the rationale for the elimination;
(5) describes any other actions carried out by the Secretary to implement this section; and
(6) describes any recommendations of the Secretary for legislation that may be needed to further implement this section.
(j) Savings Provisions.— (1) Effect on other law.— Except as otherwise provided in this section, nothing in this section alters or affects any law (including regulations) with respect to a program referred to in subsection (d).
(2) Effect on responsibilities of other agencies.— Except as otherwise provided in this section, nothing in this section abrogates the responsibilities of any agency, operating administration, or office within the Department that is otherwise charged by law (including regulations) with any aspect of program administration, oversight, or project approval or implementation with respect to a program or project subject to the responsibilities of the Freight Office under this section.
(3) Effect on pending applications.— Nothing in this section affects any pending application under a program referred to in subsection (d) that was received by the Secretary on or before the date of enactment of the Surface Transportation Investment Act of 2021.
(k) Authorization of Appropriations.— (1) In general.— There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Certain activities.— Authorizations under subsections (f) and (g) are subject to appropriations.
(Added Pub. L. 11758, div. B, title I, § 21101(a), Nov. 15, 2021, 135 Stat. 652.)
## Notes
Editorial Notes
References in TextThe date of enactment of this section and the date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsecs. (i) and (j)(3), are the date of enactment of div. B of Pub. L. 11758, which was approved Nov. 15, 2021.
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# 49 U.S.C. § 119 - Advanced Research Projects AgencyInfrastructure
## Text
(a) Definitions.— In this section:
(1) ARPAI.— The term “ARPAI” means the Advanced Research Projects AgencyInfrastructure established by subsection (b).
(2) Department.— The term “Department” means the Department of Transportation.
(3) Director.— The term “Director” means the Director of ARPAI appointed under subsection (d).
(4) Eligible entity.— The term “eligible entity” means—
(A) a unit of State or local government;
(B) an institution of higher education;
(C) a commercial entity;
(D) a research foundation;
(E) a trade or industry research collaborative;
(F) a federally funded research and development center;
(G) a research facility owned or funded by the Department;
(H) a collaborative that includes relevant international entities; and
(I) a consortia of 2 or more entities described in any of subparagraphs (A) through (H).
(5) Infrastructure.— (A) In general.— The term “infrastructure” means any transportation method or facility that facilitates the transit of goods or people within the United States (including territories).
(B) Inclusions.— The term “infrastructure” includes—
(i) roads;
(ii) highways;
(iii) bridges;
(iv) airports;
(v) rail lines;
(vi) harbors; and
(vii) pipelines.
(6) Secretary.— The term “Secretary” means the Secretary of Transportation.
(b) Establishment.— There is established within the Department an agency, to be known as the “Advanced Research Projects AgencyInfrastructure”, to support the development of science and technology solutions—
(1) to overcome long-term challenges; and
(2) to advance the state of the art for United States transportation infrastructure.
(c) Goals.— (1) In general.— The goals of ARPAI shall be—
(A) to advance the transportation infrastructure of the United States by developing innovative science and technology solutions that—
(i) lower the long-term costs of infrastructure development, including costs of planning, construction, and maintenance;
(ii) reduce the lifecycle impacts of transportation infrastructure on the environment, including through the reduction of greenhouse gas emissions;
(iii) contribute significantly to improving the safe, secure, and efficient movement of goods and people; and
(iv) promote the resilience of infrastructure from physical and cyber threats; and
(B) to ensure that the United States is a global leader in developing and deploying advanced transportation infrastructure technologies and materials.
(2) Research projects.— ARPAI shall achieve the goals described in paragraph (1) by providing assistance under this section for infrastructure research projects that—
(A) advance novel, early-stage research with practicable application to transportation infrastructure;
(B) translate techniques, processes, and technologies, from the conceptual phase to prototype, testing, or demonstration;
(C) develop advanced manufacturing processes and technologies for the domestic manufacturing of novel transportation-related technologies; and
(D) accelerate transformational technological advances in areas in which industry entities are unlikely to carry out projects due to technical and financial uncertainty.
(d) Director.— (1) Appointment.— ARPAI shall be headed by a Director, who shall be appointed by the President, by and with the advice and consent of the Senate.
(2) Qualifications.— The Director shall be an individual who, by reason of professional background and experience, is especially qualified to advise the Secretary regarding, and manage research programs addressing, matters relating to the development of science and technology solutions to advance United States transportation infrastructure.
(3) Relationship to secretary.— The Director shall—
(A) be located within the Office of the Assistant Secretary for Research and Technology; and
(B) report to the Secretary.
(4) Relationship to other programs.— No other program within the Department shall report to the Director.
(5) Responsibilities.— The responsibilities of the Director shall include—
(A) approving new programs within ARPAI;
(B) developing funding criteria, and assessing the success of programs, to achieve the goals described in subsection (c)(1) through the establishment of technical milestones;
(C) administering available funding by providing to eligible entities assistance to achieve the goals described in subsection (c)(1);
(D) terminating programs carried out under this section that are not achieving the goals of the programs; and
(E) establishing a process through which eligible entities can submit to ARPAI unsolicited research proposals for assistance under this section in accordance with subsection (f).
(e) Personnel.— (1) In general.— The Director shall establish and maintain within ARPAI a staff with sufficient qualifications and expertise to enable ARPAI to carry out the responsibilities under this section, in conjunction with other operations of the Department.
(2) Program directors.— (A) In general.— The Director shall designate employees to serve as program directors for ARPAI.
(B) Responsibilities.— Each program director shall be responsible for—
(i) establishing research and development goals for the applicable program, including by convening workshops and conferring with outside experts;
(ii) publicizing the goals of the applicable program;
(iii) soliciting applications for specific areas of particular promise, especially in areas that the private sector or the Federal Government are not likely to carry out absent assistance from ARPAI;
(iv) establishing research collaborations for carrying out the applicable program;
(v) selecting on the basis of merit each project to be supported under the applicable program, taking into consideration—
(I) the novelty and scientific and technical merit of proposed projects;
(II) the demonstrated capabilities of eligible entities to successfully carry out proposed projects;
(III) the extent to which an eligible entity took into consideration future commercial applications of a proposed project, including the feasibility of partnering with 1 or more commercial entities; and
(IV) such other criteria as the Director may establish;
(vi) identifying innovative cost-sharing arrangements for projects carried out or funded by ARPAI;
(vii) monitoring the progress of projects supported under the applicable program;
(viii) identifying mechanisms for commercial application of successful technology development projects, including through establishment of partnerships between eligible entities and commercial entities; and
(ix) as applicable, recommending—
(I) program restructuring; or
(II) termination of applicable research partnerships or projects.
(C) Term of service.— A program director—
(i) shall serve for a term of 3 years; and
(ii) may be reappointed for any subsequent term of service.
(3) Hiring and management.— (A) In general.— The Director may—
(i) make appointments of scientific, engineering, and professional personnel, without regard to the civil service laws;
(ii) fix the basic pay of such personnel at such rate as the Director may determine, but not to exceed level II of the Executive Schedule, without regard to the civil service laws; and
(iii) pay an employee appointed under this subparagraph payments in addition to basic pay, subject to the condition that the total amount of those additional payments for any 12-month period shall not exceed the least of—
(I) $25,000;
(II) an amount equal to 25 percent of the annual rate of basic pay of the employee; and
(III) the amount of the applicable limitation for a calendar year under section 5307(a)(1) of title 5.
(B) Private recruiting firms.— The Director may enter into a contract with a private recruiting firm for the hiring of qualified technical staff to carry out this section.
(C) Additional staff.— The Director may use all authorities available to the Secretary to hire administrative, financial, and clerical staff, as the Director determines to be necessary to carry out this section.
(f) Research Proposals.— (1) In general.— An eligible entity may submit to the Director an unsolicited research proposal at such time, in such manner, and containing such information as the Director may require, including a description of—
(A) the extent of current and prior efforts with respect to the project proposed to be carried out using the assistance, if applicable; and
(B) any current or prior investments in the technology area for which funding is requested, including as described in subsection (c)(2)(D).
(2) Review.— The Director—
(A) shall review each unsolicited research proposal submitted under paragraph (1), taking into consideration—
(i) the novelty and scientific and technical merit of the research proposal;
(ii) the demonstrated capabilities of the applicant to successfully carry out the research proposal;
(iii) the extent to which the applicant took into consideration future commercial applications of the proposed research project, including the feasibility of partnering with 1 or more commercial entities; and
(iv) such other criteria as the Director may establish;
(B) may approve a research proposal if the Director determines that the research—
(i) is in accordance with—
(I) the goals described in subsection (c)(1); or
(II) an applicable transportation research and development strategic plan developed under section 6503; and
(ii) would not duplicate any other Federal research being conducted or funded by another Federal agency; and
(C) (i) if funding is denied for the research proposal, shall provide to the eligible entity that submitted the proposal a written notice of the denial that, as applicable—
(I) explains why the research proposal was not selected, including whether the research proposal fails to cover an area of need; and
(II) recommends that the research proposal be submitted to another research program; or
(ii) if the research proposal is approved for funding, shall provide to the eligible entity that submitted the proposal—
(I) a written notice of the approval; and
(II) assistance in accordance with subsection (g) for the proposed research.
(g) Forms of Assistance.— On approval of a research proposal of an eligible entity, the Director may provide to the eligible entity assistance in the form of—
(1) a grant;
(2) a contract;
(3) a cooperative agreement;
(4) a cash prize; or
(5) another, similar form of funding.
(h) Reports and Roadmaps.— (1) Annual reports.— For each fiscal year, the Director shall provide to the Secretary, for inclusion in the budget request submitted by the Secretary to the President under section 1108 of title 31 for the fiscal year, a report that, with respect to the preceding fiscal year, describes—
(A) the projects that received assistance from ARPAI, including—
(i) each such project that was funded as a result of an unsolicited research proposal; and
(ii) each such project that examines topics or technologies closely related to other activities funded by the Department, including an analysis of whether the Director achieved compliance with subsection (i)(1) in supporting the project; and
(B) the instances of, and reasons for, the provision of assistance under this section for any projects being carried out by industry entities.
(2) Strategic vision roadmap.— Not later than October 1, 2022, and not less frequently than once every 4 years thereafter, the Director shall submit to the relevant authorizing and appropriations committees of Congress a roadmap describing the strategic vision that ARPAI will use to guide the selection of future projects for technology investment during the 4 fiscal-year period beginning on the date of submission of the report.
(i) Coordination and Nonduplication.— The Director shall ensure that—
(1) the activities of ARPAI are coordinated with, and do not duplicate the efforts of, programs and laboratories within—
(A) the Department; and
(B) other relevant research agencies; and
(2) no funding is provided by ARPAI for a project, unless the eligible entity proposing the project—
(A) demonstrates sufficient attempts to secure private financing; or
(B) indicates that the project is not independently commercially viable.
(j) Federal Demonstration of Technologies.— The Director shall seek opportunities to partner with purchasing and procurement programs of Federal agencies to demonstrate technologies resulting from activities funded through ARPAI.
(k) Partnerships.— The Director shall seek opportunities to enter into contracts or partnerships with minority-serving institutions (as described in any of paragraphs (1) through (7) of section 371(a) of the Higher Education Act of 1965 (20 U.S.C. 1067q(a)))—
(1) to accomplish the goals of ARPAI;
(2) to develop institutional capacity in advanced transportation infrastructure technologies and materials;
(3) to engage underserved populations in developing, demonstrating, and deploying those technologies and materials; and
(4) to otherwise address the needs of ARPAI.
(l) University Transportation Centers.— The Director may—
(1) partner with university transportation centers under section 5505 to accomplish the goals, and address the needs, of ARPAI; and
(2) sponsor and select for funding, in accordance with section 5505, competitively selected university transportation center grants, in addition to the assistance provided under section 5505, to address targeted technology and material goals of ARPAI.
(m) Advice.— (1) Advisory committees.— The Director may seek advice regarding any aspect of ARPAI from—
(A) an existing advisory committee, office, or other group within the Department; and
(B) a new advisory committee organized to support the programs of ARPAI by providing advice and assistance regarding—
(i) specific program tasks; or
(ii) the overall direction of ARPAI.
(2) Additional sources.— In carrying out this section, the Director may seek advice and review from—
(A) the Presidents Council of Advisors on Science and Technology;
(B) the Advanced Research Projects AgencyEnergy; and
(C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPAI.
(n) Evaluation.— (1) In general.— Not later than December 27, 2024, the Secretary may enter into an arrangement with the National Academy of Sciences under which the National Academy shall conduct an evaluation of the achievement by ARPAI of the goals described in subsection (c)(1).
(2) Inclusions.— The evaluation under paragraph (1) may include—
(A) a recommendation regarding whether ARPAI should be continued;
(B) a recommendation regarding whether ARPAI, or the Department generally, should continue to allow entities to submit unsolicited research proposals; and
(C) a description of—
(i) the lessons learned from the operation of ARPAI; and
(ii) the manner in which those lessons may apply to the operation of other programs of the Department.
(3) Availability.— On completion of the evaluation under paragraph (1), the evaluation shall be made available to—
(A) Congress; and
(B) the public.
(o) Protection of Information.— (1) In general.— Each type of information described in paragraph (2) that is collected by ARPAI from eligible entities shall be considered to be—
(A) commercial and financial information obtained from a person;
(B) privileged or confidential; and
(C) not subject to disclosure under section 552(b)(4) of title 5.
(2) Description of types of information.— The types of information referred to in paragraph (1) are—
(A) information relating to plans for commercialization of technologies developed using assistance provided under this section, including business plans, technology-to-market plans, market studies, and cost and performance models;
(B) information relating to investments provided to an eligible entity from a third party (such as a venture capital firm, a hedge fund, and a private equity firm), including any percentage of ownership of an eligible entity provided in return for such an investment;
(C) information relating to additional financial support that the eligible entity—
(i) plans to invest, or has invested, in the technology developed using assistance provided under this section; or
(ii) is seeking from a third party; and
(D) information relating to revenue from the licensing or sale of a new product or service resulting from research conducted using assistance provided under this section.
(p) Effect on Existing Authorities.— The authority provided by this section—
(1) shall be in addition to any existing authority provided to the Secretary; and
(2) shall not supersede or modify any other existing authority.
(q) Funding.— (1) Authorization of appropriations.— There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.
(2) Separate budget and appropriation.— (A) Budget request.— The budget request for ARPAI shall be separate from the budget request of the remainder of the Department.
(B) Appropriations.— The funding appropriated for ARPAI shall be separate and distinct from the funding appropriated for the remainder of the Department.
(3) Allocation.— Of the amounts made available for a fiscal year under paragraph (1)—
(A) not less than 5 percent shall be used for technology transfer and outreach activities—
(i) in accordance with the goal described in subsection (c)(2)(D); and
(ii) within the responsibilities of the program directors described in subsection (e)(2)(B)(viii); and
(B) none may be used for the construction of any new building or facility during the 5-year period beginning on the date of enactment of the Surface Transportation Investment Act of 2021.
(Pub. L. 11758, div. B, title V, § 25012(a), Nov. 15, 2021, 135 Stat. 859.)
## Notes
Editorial Notes
References in TextLevel II of the Executive Schedule, referred to in subsec. (e)(3)(A)(ii), is set out in section 5313 of Title 5, Government Organization and Employees. The date of enactment of the Surface Transportation Investment Act of 2021, referred to in subsec. (q)(3)(B), is the date of enactment of div. B of Pub. L. 11758, which was approved Nov. 15, 2021.