Leadership, consultation, and cooperation
The Secretary of Transportation shall—
under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;
provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;
coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;
promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;
consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;
promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;
consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;
consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and
develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.
Source
(Pub. L. 97–449, § 1(b),Notes
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Historical and Revision Notes |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
301 | 49:1653(a). | Oct. 15, 1966, Pub. L. 89–670, § 4(a), 80 Stat. 933. |
Editorial Notes
Amendments
Statutory Notes and Related Subsidiaries
Geomatic Data
In General.—
The Secretary [of Transportation] shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means.
Considerations.—
In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary.
Public Comment.—
Before issuing any final guidance under subsection (a), the Secretary shall provide to the public—
notice of the proposed guidance; and
an opportunity to comment on the proposed guidance.
Savings Clause.—
Nothing in this section—
requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or
changes the current statutory or regulatory requirements of the Department [of Transportation].”
Risk and System Resilience
In General.—
The Secretary [of Transportation], in consultation with appropriate Federal, State, and local agencies, shall develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring—
resilience to threat probabilities by type of hazard and geographical location;
resilience to asset vulnerabilities with respect to each applicable threat; and
anticipated consequences from each applicable threat to each asset.
Use by State, Regional, Tribal, and Local Entities.—
In general.—
The Secretary shall provide the process developed under subsection (a) to State departments of transportation, metropolitan planning organizations, Indian Tribes, local governments, and other relevant entities.
Guidance and technical assistance.—
The Secretary shall provide to the entities described in paragraph (1) guidance and technical assistance on the use of the process referred to in that paragraph.
Research.—
In general.—
The Secretary shall—
identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and
build on existing resilience research, including studies conducted by—
the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and
the National Institute of Standards and Technology.
Use of existing facilities.—
In carrying out paragraph (1), the Secretary shall use existing research facilities available to the Secretary, including the Turner–Fairbank Highway Research Center and University Transportation Centers established under section 5505 of title 49, United States Code.”
Safety Data Initiative
Definition of Eligible Entity.—
In this section, the term ‘eligible entity’ means—
a State;
a unit of local government;
a transit agency or authority;
a metropolitan planning organization;
any other subdivision of a State or local government;
an institution of higher education; and
a multi-State or multijurisdictional group.
Safety Data Initiative.—
Establishment.—
The Secretary [of Transportation] shall establish an initiative, to be known as the ‘Safety Data Initiative’, to promote the use of data integration, data visualization, and advanced analytics for surface transportation safety through the development of innovative practices and products for use by Federal, State, and local entities.
Activities.—
Applied research.—
In general.—
The Secretary shall support and carry out applied research to develop practices and products that will encourage the integration and use of traditional and new sources of safety data and safety information to improve policy and decisionmaking at the Federal, State, and local government levels.
Methodology.—
In carrying out clause (i), the Secretary may—
carry out demonstration programs;
award grants and provide incentives to eligible entities;
enter into partnerships with—
eligible entities;
private sector entities; and
National Laboratories; and
use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes.
Tools and practices.—
In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall—
develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis;
identify innovative State and local government practices;
incubate those practices for further development; and
replicate those practices nationwide; and
transfer to State and local governments the results of the applied research carried out under that subparagraph.
Data sharing.—
In general.—
To inform the creation of information useful for safety policy and decisionmaking, the Secretary shall—
encourage the sharing of data between and among Federal, State, and local transportation agencies; and
leverage data from private sector entities.
Goals.—
The goals of the data-sharing activities under clause (i) shall include—
the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and
the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data.
Management of data ecosystems.—
A data ecosystem described in clause (ii)(I) may be managed by—
the Director of the Bureau of Transportation Statistics;
1 or more trusted third parties, as determined by the Secretary; or
1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data.
Plan.—
In general.—
The Safety Data Initiative shall be carried out pursuant to a plan to be jointly established by—
the Under Secretary of Transportation for Policy;
the Chief Information Officer of the Department [of Transportation];
the Administrator of the National Highway Traffic Safety Administration;
the Administrator of the Federal Highway Administration;
the Administrator of the Federal Motor Carrier Safety Administration;
the Administrator of the Federal Transit Administration; and
the Administrator of the Federal Railroad Administration.
Requirement.—
The plan established under subparagraph (A) shall include details regarding the means by which tools and innovations developed by projects carried out under the Safety Data Initiative will be transferred to the appropriate program of the Department for further implementation.
Deadline.—
Not later than 1 year after the date of enactment of this Act [
Termination.—
The Safety Data Initiative shall terminate on the later of—
the date that is 1 year after the date of enactment of this Act; and
the date on which the Secretary makes the direction to officials described in paragraph (3)(C).”
GAO Cybersecurity Recommendations
Cybersecurity Risk Management.—
Not later than 3 years after the date of enactment of this Act [
by developing a cybersecurity risk management strategy for the systems and information of the Department [of Transportation];
by updating policies to address an organization-wide risk assessment; and
by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions.
Work Roles.—
Not later than 3 years after the date of enactment of this Act [
reviewing positions in the Department; and
assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework.
GAO Review.—
Report.—
Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department to managing cybersecurity for the systems and information of the Department.
Contents.—
The report under paragraph (1) shall include an evaluation of—
the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department;
the extent to which officials of the Department—
establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and
hold managers accountable for cybersecurity within the components of the Department; and
other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate.”
Performance Measurement, Transparency, and Accountability
develop metrics to assess the effectiveness of the activities funded by the grant;
establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and
not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2).”
National Advisory Committee on Travel and Tourism Infrastructure
Findings.—
Congress finds that—
1 out of every 9 jobs in the United States depends on travel and tourism, and the industry supports 15,000,000 jobs in the United States;
the travel and tourism industry employs individuals in all 50 States, the District of Columbia, and all of the territories of the United States;
international travel to the United States is the single largest export industry in the United States, generating a trade surplus balance of approximately $74,000,000,000;
travel and tourism provide significant economic benefits to the United States by generating nearly $2,100,000,000,000 in annual economic output; and
the United States intermodal transportation network facilitates the large-scale movement of business and leisure travelers, and is the most important asset of the travel industry.
Establishment.—
Not later than 180 days after the date of enactment of this Act [
Membership.—
The Committee shall—
be composed of members appointed by the Secretary for terms of not more than 3 years; and
include a representative cross-section of public and private sector stakeholders involved in the travel and tourism industry, including representatives of—
the travel and tourism industry, product and service providers, and travel and tourism-related associations;
travel, tourism, and destination marketing organizations;
the travel and tourism-related workforce;
State tourism offices;
State departments of transportation;
regional and metropolitan planning organizations; and
local governments.
Role of Committee.—
The Committee shall—
advise the Secretary on current and emerging priorities, issues, projects, and funding needs related to the use of the intermodal transportation network of the United States to facilitate travel and tourism;
serve as a forum for discussion for travel and tourism stakeholders on transportation issues affecting interstate and interregional mobility of passengers;
promote the sharing of information between the private and public sectors on transportation issues impacting travel and tourism;
gather information, develop technical advice, and make recommendations to the Secretary on policies that improve the condition and performance of an integrated national transportation system that—
is safe, economical, and efficient; and
maximizes the benefits to the United States generated through the travel and tourism industry;
identify critical transportation facilities and corridors that facilitate and support the interstate and interregional transportation of passengers for tourism, commercial, and recreational activities;
provide for development of measures of condition, safety, and performance for transportation related to travel and tourism;
provide for development of transportation investment, data, and planning tools to assist Federal, State, and local officials in making investment decisions relating to transportation projects that improve travel and tourism; and
address other issues of transportation policy and programs impacting the movement of travelers for tourism and recreational purposes, including by making legislative recommendations.
National Travel and Tourism Infrastructure Strategic Plan.—
Not later than 180 days after the date of enactment of the Surface Transportation Investment Act of 2021 [
to develop an immediate-term and long-term strategy, including policy recommendations across all modes of transportation, for the Department and other agencies to use infrastructure investments to revive the travel and tourism industry and the overall travel and tourism economy in the wake of the Coronavirus Disease 2019 (COVID–19) pandemic; and
that includes—
an assessment of the condition and performance of the national transportation network, including consideration of the impacts of the COVID–19 pandemic;
an identification of the issues on the national transportation network that create significant congestion problems and barriers to long-haul passenger travel and tourism;
forecasts of long-haul passenger travel and tourism volumes for the 20-year period beginning in the year during which the plan is issued;
an identification of the major transportation facilities and corridors of regional significance for current and forecasted long-haul travel and tourism volumes, the identification of which shall be revised, as appropriate, in subsequent plans;
an assessment of statutory, regulatory, technological, institutional, financial, and other barriers to improved long-haul passenger travel performance (including opportunities for overcoming the barriers);
best practices for improving the performance of the national transportation network;
strategies to improve intermodal connectivity for long-haul passenger travel and tourism; and
an identification of possible infrastructure investments that create recovery opportunities for small, underserved, minority, and rural businesses in the travel and tourism industry, including efforts to preserve and protect the scenic, but often less-traveled, roads that promote tourism and economic development throughout the United States.”
Collaboration and Support
Public-Private Partnerships
Best Practices.—
The Secretary [of Transportation] shall compile, and make available to the public on the website of the Department [of Transportation], best practices on how States, public transportation agencies, and other public officials can work with the private sector in the development, financing, construction, and operation of transportation facilities.
Contents.—
The best practices compiled under subsection (a) shall include polices and techniques to ensure that the interests of the traveling public and State and local governments are protected in any agreement entered into with the private sector for the development, financing, construction, and operation of transportation facilities.
Technical Assistance.—
The Secretary, on request, may provide technical assistance to States, public transportation agencies, and other public officials regarding proposed public-private partnership agreements for the development, financing, construction, and operation of transportation facilities, including assistance in analyzing whether the use of a public-private partnership agreement would provide value compared with traditional public delivery methods.
Standard Transaction Contracts.—
Development.—
Not later than 18 months after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Secretary shall develop standard public-private partnership transaction model contracts for the most popular types of public-private partnerships for the development, financing, construction, and operation of transportation facilities.
Use.—
The Secretary shall encourage States, public transportation agencies, and other public officials to use the model contracts as a base template when developing their own public-private partnership agreements for the development, financing, construction, and operation of transportation facilities.”
Vessel Transfer Authority
Budget Justification
Coordinated Transportation Services
Establishment of Nationwide Differential Global Positioning System
As soon as practicable after the date of enactment of this Act [
As soon as practicable after the date of enactment of this Act [
if feasible, reuse GWEN equipment and sites transferred to the Department of Transportation under subsection (a);
to the maximum extent practicable, use contractor services to install the NDGPS;
modify the positioning system operated by the Coast Guard at the time of the establishment of the NDGPS to integrate the reference stations made available pursuant to subsection (a);
in cooperation with the Secretary of Commerce, ensure that the reference stations referred to in paragraph (3) are compatible with, and integrated into, the Continuously Operating Reference Station (commonly referred to as ‘CORS’) system of the National Geodetic Survey of the Department of Commerce; and
in cooperation with the Secretary of Commerce, investigate the use of the NDGPS reference stations for the Global Positioning System Integrated Precipitable Water Vapor System of the National Oceanic and Atmospheric Administration.
The Secretary of Transportation may—
manage and operate the NDGPS;
ensure that the service of the NDGPS is provided without the assessment of any user fee; and
in cooperation with the Secretary of Defense, ensure that the use of the NDGPS is denied to any enemy of the United States.
In any case in which the Secretary of Transportation determines that contracting for the maintenance of 1 or more NDGPS reference stations is cost-effective, the Secretary of Transportation may enter into a contract to provide for that maintenance.
The Secretary of Transportation may—
in cooperation with appropriate representatives of private industries and universities and officials of State governments—
investigate improvements (including potential improvements) to the NDGPS;
develop standards for the NDGPS; and
sponsor the development of new applications for the NDGPS; and
provide for the continual upgrading of the NDGPS to improve performance and address the needs of—
the Federal Government;
State and local governments; and
the general public.”