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§ 112. Office of the Assistant Secretary for Research and Technology of the Department of Transportation

Version history — every release point where this text changed

Release point 113-296 · current through 12/19/2014

§ 112.

Office of the Assistant Secretary for Research and Technology of the Department of Transportation

(a)

Establishment.—

The Office of the Assistant Secretary for Research and Technology of the Department of Transportation shall be an administration in the Department of Transportation.

(b)

Administrator.—

(1)

Appointment.—

The Administration shall be headed by an Administrator who shall be appointed by the President, by and with the advice and consent of the Senate.

(2)

Reporting.—

The Administrator shall report directly to the Secretary.

(c)

Deputy Administrator.—

The Administration shall have a Deputy Administrator who shall be appointed by the Secretary of Transportation. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(d)

Powers and Duties of the Administrator.—

The Administrator shall carry out—

(1)

powers and duties prescribed by the Secretary for—

(A)

coordination, facilitation, and review of the Department’s research and development programs and activities;

(B)

advancement, and research and development, of innovative technologies, including intelligent transportation systems;

(C)

comprehensive transportation statistics research, analysis, and reporting;

(D)

education and training in transportation and transportation-related fields; and

(E)

activities of the Volpe National Transportation Center; and

(2)

other powers and duties prescribed by the Secretary.

(e)

Administrative Authorities.—

The Administrator may enter into grants and cooperative agreements with Federal agencies, State and local government agencies, other public entities, private organizations, and other persons—

(1)

to conduct research into transportation service and infrastructure assurance; and

(2)

to carry out other research activities of the Administration.

(f)

Program Evaluation and Oversight.—

For each of fiscal years 2013 and 2014, the Administrator is authorized to expend not more than 1 ½ percent of the amounts authorized to be appropriated for necessary expenses for administration and operations of the Research and Innovative Technology Administration for the coordination, evaluation, and oversight of the programs administered by the Administration.

(g)

Collaborative Research and Development.—

(1)

In general.—

To encourage innovative solutions to multimodal transportation problems and stimulate the deployment of new technology, the Administrator may carry out, on a cost-shared basis, collaborative research and development with—

(A)

non-Federal entities, including State and local governments, foreign governments, institutions of higher education, corporations, institutions, partnerships, sole proprietorships, and trade associations that are incorporated or established under the laws of any State;

(B)

Federal laboratories; and

(C)

other Federal agencies.

(2)

Cooperation, grants, contracts, and agreements.—

Notwithstanding any other provision of law, the Administrator may directly initiate contracts, grants, cooperative research and development agreements (as defined in section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a)), and other agreements to fund, and accept funds from, the Transportation Research Board of the National Research Council of the National Academy of Sciences, State departments of transportation, cities, counties, institutions of higher education, associations, and the agents of those entities to carry out joint transportation research and technology efforts.

(3)

Federal share.—

(A)
In general.—

Subject to subparagraph (B), the Federal share of the cost of an activity carried out under paragraph (2) shall not exceed 50 percent.

(B)
Exception.—

If the Secretary determines that the activity is of substantial public interest or benefit, the Secretary may approve a greater Federal share.

(C)
Non-federal share.—

All costs directly incurred by the non-Federal partners, including personnel, travel, facility, and hardware development costs, shall be credited toward the non-Federal share of the cost of an activity described in subparagraph (A).

(4)

Use of technology.—

The research, development, or use of a technology under a contract, grant, cooperative research and development agreement, or other agreement entered into under this subsection, including the terms under which the technology may be licensed and the resulting royalties may be distributed, shall be subject to the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3701 et seq.).

(5)

Waiver of advertising requirements.—

Section 6101 of title 41 shall not apply to a contract, grant, or other agreement entered into under this section.

Source(Added Pub. L. 102–508, title IV, § 401(a),
Oct. 24, 1992
, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1),
Oct. 31, 1994
, 108 Stat. 4378; Pub. L. 108–426, § 4(a),
Nov. 30, 2004
, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301,
Aug. 10, 2005
, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012,
July 6, 2012
, 126 Stat. 896; Pub. L. 113–76, div. L, title I,
Jan. 17, 2014
, 128 Stat. 574.)
Notes

References in Text

The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (g)(4), is Pub. L. 96–480,
Oct. 21, 1980
, 94 Stat. 2311, which is classified generally to chapter 63 (§ 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.

Amendments

2012–Subsecs. (f), (g). Pub. L. 112–141 added subsecs. (f) and (g).
2005—Subsec. (e). Pub. L. 109–59 added subsec. (e).
2004—Pub. L. 108–426, § 4(a)(1), substituted “Research and Innovative Technology Administration” for “Research and Special Programs Administration” in section catchline.
Subsec. (a). Pub. L. 108–426, § 4(a)(2), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “There is established in the Department of Transportation a Research and Special Programs Administration.”
Subsec. (d). Pub. L. 108–426, § 4(a)(3), added subsec. (d) and struck out heading and text of former subsec. (d) which related to the responsibilities of the Administrator of the Research and Special Programs Administration.
Subsec. (e). Pub. L. 108–426, § 4(a)(4), struck out heading and text of subsec. (e). Text read as follows: “Nothing in this section shall affect any delegation of authority, regulation, order, approval, exemption, waiver, contract, or other administrative act of the Secretary with respect to laws administered through the Research and Special Programs Administration of the Department of Transportation on
October 24, 1992
.”
1994—Subsec. (e). Pub. L. 103–429 substituted “
October 24, 1992
” for “the date of the enactment of this section”.

Change of Name

“Office of the Assistant Secretary for Research and Technology of the Department of Transportation” substituted for “Research and Innovative Technology Administration” in section catchline and subsec. (a) on authority of title I of div. L. of Pub. L. 113–76, set out in part as a note below.

Effective Date of 2012 Amendment

Amendment by Pub. L. 112–141 effective
Oct. 1, 2012
, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.

National Highway Traffic Safety Administration Programs Administered by Secretary of Transportation

Pub. L. 108–426, § 4(b),
Nov. 30, 2004
, 118 Stat. 2425, as amended by Pub. L. 113–76, div. L, title I,
Jan. 17, 2014
, 128 Stat. 574, provided that:
“(1)

In general.—

Nothing in this Act [see Short Title of 2004 Amendment note set out under section 101 of this title] shall grant any authority to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation over research and other programs, activities, standards, or regulations administered by the Secretary of Transportation through the National Highway Traffic Safety Administration.

“(2)

Applicability.—

Paragraph (1) shall not apply to the research and other programs, activities, standards, or regulations provided for in highway and traffic safety programs, administered by the Secretary through the National Highway Traffic Safety Administration, in title 23, United States Code, and chapter 303 of title 49, United States Code, as in effect on the date of enactment of this Act [

Nov. 30, 2004
].”

Transfer of Duties and Powers

Pub. L. 113–76, 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. 113–235, div. K, title I,
Dec. 16, 2014
, 128 Stat. 2696, 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.”
]
Pub. L. 108–426, § 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. 108–426, set out as a note under section 108 of this title.

Development of Underground Utility Location Technologies

Pub. L. 102–508, title III, § 306,
Oct. 24, 1992
, 106 Stat. 3309, provided that:
“(a)

In General.—

The Secretary of Transportation shall carry out a research and development program on underground utility location technologies.

“(b)

Authorization of Appropriations.—

There is authorized to be appropriated to carry out this section $500,000 for fiscal years beginning after

September 30, 1992
. Such sums shall remain available until expended.”

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