1. U.S. Code
  2. title 49
  3. subtitle I
  4. chapter 1
  5. § 105

Collapse to view only § 105. National Highway Traffic Safety Administration

§ 101. Purpose
(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102–240, title VI, § 6018, Dec. 18, 1991, 105 Stat. 2183.)

CITE AS: 49 USC 101

§ 102. Department of Transportation
(a) The Department of Transportation (referred to in this section as the “Department”) is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation (referred to in this section as the “Secretary”). The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e)Assistant Secretaries; General Counsel.—
(1)Appointment.—The Department has 8 Assistant Secretaries and a General Counsel, including—
(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, an Assistant Secretary for Research and Technology, an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection, who shall each be appointed by the President, with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;
(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President;
(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and
(E) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
(2)Duties and powers.—The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant.
(f)Office of Tribal Government Affairs.—
(1)Establishment.—There is established in the Department an Office of Tribal Government Affairs, under the Assistant Secretary for Tribal Government Affairs—
(A) to oversee the tribal self-governance program under section 207 of title 23;
(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;
(C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and
(D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23.
(2)Reservation of trust obligations.—
(A)Responsibility of secretary.—In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected.
(B)Preservation of united states responsibility.—Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe.
(g)Office of Climate Change and Environment.—
(1)Establishment.—There is established in the Department an Office of Climate Change and Environment to plan, coordinate, and implement—
(A) department-wide research, strategies, and actions under the Department’s statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2)Clearinghouse.—The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction approaches, to reduce air pollution and transportation-related energy use and mitigate the effects of climate change.
(h)Interagency Infrastructure Permitting Improvement Center.—
(1)Definitions.—In this subsection:
(A)Center.—The term “Center” means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2).
(B)Project.—The term “project” means a project authorized or funded under—
(i) this title; or
(ii) title 14, 23, 46, or 51.
(2)Establishment.—There is established within the Office of the Secretary a center, to be known as the “Interagency Infrastructure Permitting Improvement Center”.
(3)Purposes.—The purposes of the Center shall be—
(A) to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects, including—
(i) developing and deploying information technology tools to track project schedules and metrics; and
(ii) improving the transparency and accountability of the permitting process;
(B)
(i) to identify appropriate methods to assess environmental impacts; and
(ii) to develop innovative methods for reasonable mitigation;
(C) to reduce uncertainty and delays with respect to environmental reviews and permitting; and
(D) to reduce costs and risks to taxpayers in project delivery.
(4)Executive director.—The Center shall be headed by an Executive Director, who shall—
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and
(C) carry out such additional duties as the Secretary may prescribe.
(5)Duties.—The Center shall carry out the following duties:
(A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews.
(B) Support modernization efforts at the operating administrations within the Department and interagency pilot programs relating to innovative approaches to the permitting and review of transportation infrastructure projects.
(C) Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate.
(D) Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes.
(E) Administer and expand the use of online transparency tools providing for—
(i) tracking and reporting of metrics;
(ii) development and posting of schedules for permit reviews and permit decisions;
(iii) the sharing of best practices relating to efficient project permitting and reviews; and
(iv) the visual display of relevant geospatial data to support the permitting process.
(F) Submit to the Secretary reports describing progress made toward achieving—
(i) greater efficiency in permitting decisions and review of infrastructure projects; and
(ii) better outcomes for communities and the environment.
(6)Innovative best practices.—
(A)In general.—The Center shall work with the operating administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative project delivery.
(B)Activities.—The Center shall support the Department and operating administrations in conducting environmental reviews and permitting, together with project sponsor technical assistance activities, by—
(i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects;
(ii) serving as the Department liaison to—(I) the Council on Environmental Quality; and(II) the Federal Permitting Improvement Steering Council established by section 41002(a) of the Fixing America’s Surface Transportation Act (42 U.S.C. 4370m–1(a));
(iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in this paragraph as the “Bureau”) in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process;
(iv) leading activities to improve delivery timelines for projects carried out under programs not administered by the Bureau by—(I) coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;(II) providing technical assistance and training to field and headquarters staff of Federal agencies with respect to policy changes and innovative approaches to the delivery of projects; and(III) identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)NEPA compliance assistance.—
(i)In general.—Subject to clause (ii), at the request of an entity that is carrying out a project, the Center, in coordination with the appropriate operating administrations within the Department, shall provide technical assistance relating to compliance with the applicable requirements of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and applicable Federal authorizations.
(ii)Assistance from the bureau.—For projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process, the Bureau, on request of the entity carrying out the project, shall provide the technical assistance described in clause (i).
(i)Chief Travel and Tourism Officer.—
(1)Establishment.—There is established in the Office of the Secretary of Transportation a position, to be known as the “Chief Travel and Tourism Officer”.
(2)Duties.—The Chief Travel and Tourism Officer shall collaborate with the Assistant Secretary for Aviation and International Affairs to carry out—
(A) the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 (49 U.S.C. 301 note); and
(B) other travel- and tourism-related matters involving the Department of Transportation.
(j)Office of Aviation Consumer Protection.—
(1)Establishment.—There is established in the Department an Office of Aviation Consumer Protection (in this subsection referred to as the “Office”) to administer and enforce the aviation consumer protection and civil rights authorities provided to the Department by statute, including the authorities under section 41712—
(A) to assist, educate, and protect passengers; and
(B) to monitor compliance with, conduct investigations relating to, and enforce, with support of attorneys in the Office of the General Counsel, including by taking appropriate action to address violations of aviation consumer protection and civil rights.
(2)Leadership.—The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (in this subsection referred to as the “Assistant Secretary”).
(3)Transition.—Not later than 180 days after funding is appropriated for an Office of Aviation Consumer Protection headed by an Assistant Secretary, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection shall cease to exist. The Secretary shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and such employees shall be transferred from the Office of the General Counsel, as appropriate, to the newly established Office of Aviation Consumer Protection.
(4)Coordination.—The Assistant Secretary shall coordinate with the General Counsel appointed under subsection (e)(1)(E), in accordance with section 1.26 of title 49, Code of Federal Regulations (or a successor regulation), on all legal matters relating to—
(A) aviation consumer protection; and
(B) the duties and activities of the Office described in subparagraphs (A) through (C) 1
1 So in original. Paragraph (1) does not contain a subparagraph (C).
of paragraph (1).
(5)Annual report.—The Assistant Secretary shall submit to the Secretary, who shall submit to Congress and make publicly available on the website of the Department, an annual report that, with respect to matters under the jurisdiction of the Department, or otherwise within the statutory authority of the Department—
(A) analyzes trends in aviation consumer protection, civil rights, and licensing;
(B) identifies major challenges facing passengers; and
(C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.
(6)Funding.—There is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028 to carry out this subsection.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–557, § 26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103–272, § 4(j)(1), July 5, 1994, 108 Stat. 1365; Pub. L. 107–295, title II, § 215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102; Pub. L. 109–59, title I, § 1119(l), Aug. 10, 2005, 119 Stat. 1189; Pub. L. 110–140, title XI, § 1101(a), Dec. 19, 2007, 121 Stat. 1756; Pub. L. 112–166, § 2(k)(1), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 114–94, div. A, title VI, § 6011(a), Dec. 4, 2015, 129 Stat. 1568; Pub. L. 117–58, div. A, title IV, § 14009, div. B, title V, §§ 25009(a), 25018(b), Nov. 15, 2021, 135 Stat. 651, 852, 875; Pub. L. 118–63, title V, § 501, May 16, 2024, 138 Stat. 1186.)

CITE AS: 49 USC 102

§ 103. Federal Railroad Administration
(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; 1
1 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 president’s 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 President’s budget submission, the Administration’s performance goals and schedule developed under paragraph (1), including an assessment of the progress of the Administration toward achieving its performance goals.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.)

CITE AS: 49 USC 103

§ 104. Federal Highway Administration
(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. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)

CITE AS: 49 USC 104

§ 105. National Highway Traffic Safety Administration
(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. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.)

CITE AS: 49 USC 105

§ 106. Federal Aviation Administration
(a)In General.—The Federal Aviation Administration is an administration in the Department of Transportation.
(b)Administration Leadership.—
(1)Administrator.—
(A)In general.—The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate.
(B)Qualifications.—The Administrator shall—
(i) be a citizen of the United States;
(ii) not be an active duty member of the Armed Forces;
(iii) not have retired from the Armed Forces within the 7 years preceding nomination; and
(iv) have experience in organizational management and a field directly related to aviation.
(C)Fitness.—In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office.
(D)Term of office.—The term of office for any individual appointed as Administrator shall be 5 years.
(E)Reporting chain.—Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation.
(2)Deputy administrator.—
(A)In general.—The Administrator has a Deputy Administrator, who shall be appointed by the President.
(B)Qualifications.—The Deputy Administrator shall—
(i) be a citizen of the United States; and
(ii) have experience in organizational management and a field directly related to aviation.
(C)Fitness.—In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the office of Administrator is vacant.
(D)Reporting chain.—The Deputy Administrator reports directly to the Administrator.
(E)Duties.—The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(F)Compensation.—
(i)Annual rate of basic pay.—The annual rate of basic pay of the Deputy Administrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator.
(ii)Exception.—A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive—(I) the pay provided for the Deputy Administrator under clause (i); or(II) the pay and allowances or the retired pay of the military grade held.
(iii)Reimbursement of expenses.—If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(3)Leadership of the administration defined.—In this section, the term “leadership of the Administration” means—
(A) the Administrator under paragraph (1); and
(B) the Deputy Administrator under paragraph (2).
(c)Assistant Administrator for Rulemaking and Regulatory Improvement.—There is an Assistant Administrator for Rulemaking and Regulatory Improvement who shall be appointed by the Administrator and shall—
(1) be responsible for developing and managing the execution of a regulatory agenda for the Administration that meets statutory and Administration deadlines, including by—
(A) prioritizing rulemaking projects that are necessary to improve safety;
(B) establishing the regulatory agenda of the Administration; and
(C) coordinating with offices of the Administration, the Department, and other Federal entities as appropriate to improve timely feedback generation and approvals when required by law;
(2) not delegate overall responsibility for meeting internal timelines and final completion of the regulatory activities of the Administration outside the Office of the Assistant Administrator for Rulemaking and Regulatory Improvement;
(3) on an ongoing basis, review the regulations of the Administration in effect to—
(A) improve safety;
(B) reduce undue regulatory burden;
(C) replace prescriptive regulations with performance-based regulations, as appropriate;
(D) prevent duplicative regulations; and
(E) increase regulatory clarity and transparency whenever possible;
(4) make recommendations for the review of the Administrator under subsection (f)(3)(C)(ii);
(5) receive, coordinate, and respond to petitions for rulemaking and for exemption as provided for in subpart A of part 11 of title 14, Code of Federal Regulations, and provide an initial response to a petitioner not later than 30 days after the receipt of such a petition—
(A) acknowledging receipt of such petition;
(B) confirming completeness of such petition;
(C) providing an initial indication of the complexity of the request and how such complexity may impact the timeline for adjudication; and
(D) requesting any additional information, as appropriate, that would assist in the consideration of the petition;
(6) track the issuance of exemptions and waivers by the Administration to sections of title 14, Code of Federal Regulations, and establish a methodology by which to determine if it would be more efficient and in the interest of the public to amend a rule to reduce the future need of waivers and exemptions; and
(7) promulgate regulatory updates as determined more efficient or in the best interest of the public under paragraph (6).
(d) [Reserved].
(e)Prohibition on Conflicting Pecuniary Interests.—
(1)In general.—The leadership of the Administration may not have a pecuniary interest in, or hold a financial interest in, an aeronautical enterprise or engage in another business, vocation, or employment.
(2)Teaching.—Notwithstanding paragraph (1), the Deputy Administrator may not receive compensation for teaching without prior approval of the Administrator.
(3)Financial interest defined.—In this subsection, the term “financial interest”—
(A) means—
(i) any current or contingent ownership, equity, or security interest;
(ii) any indebtedness or compensated employment relationship; or
(iii) any right to purchase or acquire any such ownership, equity, or security interest, including a stock option; and
(B) does not include securities held in an index fund.
(f)Authority of the Secretary and the Administrator.—
(1)Authority of the secretary.—Except as provided in paragraphs (2) and (3), the Secretary of Transportation shall carry out the duties and powers, and controls the personnel and activities, of the Administration. In exercising duties, powers, and authorities that are assigned to the Secretary or the Administrator under this title, neither the Secretary nor the Administrator may submit decisions for the approval of, or be bound by the decisions or recommendations of, a committee, board, council, or organization that is—
(A) established by executive order; or
(B) not explicitly directed by legislation to review the exercise of such duties, powers, and authorities by the Secretary or the Administrator.
(2)Authority of the administrator.—The Administrator—
(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition, establishment, improvement, operation, maintenance, security (including cybersecurity), and disposal of property, facilities, services, and equipment of the Administration, including all elements of the air traffic control system owned by the Administration;
(iii) except as otherwise provided in paragraph (4), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to civil aviation, any matter for which the Administrator is the final authority under subparagraph (A), any duty carried out by the Administrator pursuant to paragraph (3), or the provisions of this title, or the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3)Duties and powers of the administrator.—
(A)In general.—The Administrator shall carry out—
(i) the duties and powers of the Secretary under this subsection related to aviation safety (except duties and powers related to transportation, packaging, marking, or description of hazardous material) and stated in—(I) subsections (c) and (d) of section 1132;(II) sections 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40117;(III) chapter 443;(IV) chapter 445, except sections 44502(a)(3), 44503, and 44509;(V) chapter 447, except sections 44721(b) and 44723;(VI) chapter 448;(VII) chapter 451;(VIII) chapter 453;(IX) section 46104;(X) subsections (d) and (h)(2) of section 46301, section 46303(c), sections 46304 through 46308, section 46310, section 46311, and sections 46313 through 46320;(XI) chapter 465;(XII) chapter 471;(XIII) chapter 475; and(XIV) chapter 509 of title 51; and
(ii) such additional duties and powers as may be prescribed by the Secretary.
(B)Applicability.—Section 40101(d) applies to the duties and powers specified in subparagraph (A).
(C)Transfer.—Any of the duties and powers specified in subparagraph (A) may only be transferred to another part of the Department if specifically provided by law or in a reorganization plan submitted under chapter 9 of title 5.
(D)Administrative finality.—A decision of the Administrator in carrying out the duties or powers specified in subparagraph (A) is administratively final.
(4)Regulations.—
(A)In general.—
(i)Issuance of regulations.—In the performance of the functions of the Administrator and the Administration, the Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out those functions. The issuance of such regulations shall be governed by the provisions of chapter 5 of title 5.
(ii)Petitions for rulemaking.—The Administrator shall act upon all petitions for rulemaking no later than 6 months after the date such petitions are filed by dismissing such petitions, by informing the petitioner of an intention to dismiss, or by issuing a notice of proposed rulemaking or advanced notice of proposed rulemaking.
(iii)Rulemaking timeline.—The Administrator shall issue a final regulation, or take other final action, not later than 16 months after the last day of the public comment period for the regulations or, in the case of an advanced notice of proposed rulemaking, if issued, not later than 24 months after the date of publication in the Federal Register of notice of the proposed rulemaking.
(iv)Reporting requirement.—On February 1 and August 1 of each year the Administrator 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 a letter listing each deadline the Administrator missed under this subparagraph during the 6-month period ending on such date, including an explanation for missing the deadline and a projected date on which the action that was subject to the deadline will be taken.
(B)Approval of secretary of transportation.—
(i)In general.—The Administrator may not issue, unless the Secretary of Transportation approves the issuance of the regulation in advance, a proposed regulation or final regulation that—(I) is likely to result in the expenditure by State, local, and Tribal governments in the aggregate, or by the private sector, of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024) in any year; or(II) is significant.
(ii)Significant regulations.—For purposes of this paragraph, a regulation is significant if the Administrator, in consultation with the Secretary (as appropriate), determines that the regulation—(I) will have an annual effect on the economy of $250,000,000 or more (adjusted annually for inflation beginning with the year following the date of enactment of the FAA Reauthorization Act of 2024);(II) raises novel or serious legal or policy issues that will substantially and materially affect other transportation modes; or(III) adversely affects, in a substantial and material way, the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or a State, local, or Tribal government or community.
(iii)Emergency regulation.—(I)In general.—In an emergency as determined by the Administrator, the Administrator may issue a final regulation described in clause (i) without prior approval of the Secretary.(II)Objection.—If the Secretary objects to a regulation issued under subclause (II) 1
1 So in original. Probably should be “subclause (I)”.
in writing not later than 5 days (excluding Saturday, Sundays, and legal public holidays) after the issuance, the Administrator shall immediately rescind such regulation.
(iv)Other regulations.—The Secretary may not require that the Administrator submit a proposed or final regulation to the Secretary for approval, nor may the Administrator submit a proposed or final regulation to the Secretary for approval, if the regulation—(I) does not require the approval of the Secretary under clause (i) (excluding a regulation issued under clause (iii)); or(II) is a routine or frequent action or a procedural action.
(v)Timeline.—The Administrator shall submit a copy of any proposed or final regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve the regulation or return the regulation to the Administrator with comments not later than 30 days after receiving the regulation. If the Secretary fails to approve or return the regulation with comments to the Administrator not later than 30 days after receiving such regulation, the regulation shall be deemed to have been approved by the Secretary.
(C)Periodic review.—
(i)In general.—For any significant regulation issued after the date of enactment of the FAA Reauthorization Act of 2024, in addition to the review requirements established under section 5.13(d) 2
2 See References in Text note below.
of title 49, Code of Federal Regulations, the Administrator shall review any significant regulation 3 years after the effective date of such regulation.
(ii)Discretionary review.—The Administrator may review any regulation that has been in effect for more than 3 years.
(iii)Substance of review.—In performing a review under clause (i) or (ii), the Administrator shall determine if—(I) the cost assumptions supporting the regulation were accurate;(II) the intended benefit of the regulation is being realized;(III) the need remains to continue such regulation as in effect; and(IV) the Administrator recommends updates to such regulation based on the review criteria specified in section 5.13(d) 2 of title 49, Code of Federal Regulations.
(iv)Review management.—Any periodic review of a regulation under this subparagraph shall be managed by the Assistant Administrator for Rulemaking and Regulatory Improvement, who may task an advisory committee or the Management Advisory Council established under subsection (p) to assist in performing the review.
(5)Definition of political appointee.—For purposes of this subsection, the term “political appointee” means any individual who—
(A) is employed in a position listed in sections 5312 through 5316 of title 5 (relating to the Executive Schedule);
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of section 3132(a) of title 5; or
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g) [reserved].
(h)Technical Center for Advanced Aerospace.—
(1)In general.—There is established within the Administration a technology center to support the advancement of aerospace safety and innovation which shall be known as the “William J. Hughes Technical Center for Advanced Aerospace” (in this subsection referred to as the “Technical Center”) that shall be used by the Administrator and, as permitted by the Administrator, other governmental entities, academia, and the aerospace industry.
(2)Management.—The activities of the Technical Center shall be managed by a Director.
(3)Activities.—The activities of the Technical Center shall include—
(A) developing and stimulating technology partnerships with and between industry, academia, and other government agencies and supporting such partnerships by—
(i) liaising between external persons and offices of the Administration interested in such work;
(ii) providing technical expertise and input, as appropriate; and
(iii) providing access to the properties, facilities, and systems of the Technical Center through appropriate agreements;
(B) managing technology demonstration grants awarded by the Administrator;
(C) identifying software, systems, services, and technologies that could improve aviation safety and the operations and management of the air traffic control system and working with relevant offices of the Administration to consider the use and integration of such software, systems, services, and technologies, as appropriate;
(D) supporting the work of any collocated facilities and tenants of such facilities, and to the extent feasible, enter into agreements as necessary to utilize the facilities, systems, and technologies of such collocated facilities and tenants;
(E) managing the facilities of the Technical Center; and
(F) carrying out any other duties as determined appropriate by the Administrator.
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j)Civil Aeromedical Institute.—There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under section 44507 of this title. Such institute shall be known as the “Civil Aeromedical Institute”. Research conducted by the institute should take appropriate advantage of capabilities of other government agencies, universities, or the private sector.
(k)Authorization of Appropriations for Operations.—
(1)Salaries, operations, and maintenance.—There is authorized to be appropriated to the Secretary of Transportation for salaries, operations, and maintenance of the Administration—
(A) $12,729,627,000 for fiscal year 2024;
(B) $13,055,000,000 for fiscal year 2025;
(C) $13,354,000,000 for fiscal year 2026;
(D) $13,650,000,000 for fiscal year 2027; and
(E) $13,954,000,000 for fiscal year 2028.
Such sums shall remain available until expended.
(2)Authorized expenditures.—Out of amounts appropriated under paragraph (1), the following expenditures are authorized:
(A) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out and expand the Air Traffic Control Collegiate Training Initiative.
(B) Such sums as may be necessary for fiscal years 2012 through 2015 for the completion of the Alaska aviation safety project with respect to the 3 dimensional mapping of Alaska’s main aviation corridors.
(C) Such sums as may be necessary for fiscal years 2012 through 2015 to carry out the Aviation Safety Reporting System and the development and maintenance of helicopter approach procedures.
(D) Not more than the following amounts for commercial space transportation activities:
(i) $75,938,000 for fiscal year 2023.
(ii) $42,018,000 for fiscal year 2024.
(iii) $52,985,000 for fiscal year 2025.
(iv) $59,044,000 for fiscal year 2026.
(v) $65,225,000 for fiscal year 2027.
(vi) $71,529,000 for fiscal year 2028.
(3)Administering program within available funding.—
(A)In general.—Notwithstanding any other provision of law, in each of fiscal years 2024 through 2028, if the Secretary determines that the funds appropriated under paragraph (1) are insufficient to meet the salary, operations, and maintenance expenses of the Federal Aviation Administration, as authorized by this section, the Secretary shall reduce nonsafety-related activities of the Administration as necessary to reduce such expenses to a level that can be met by the funding available under paragraph (1).
(B)Prioritization.—In reducing non-safety-related activities of the Administration under subparagraph (A), the Secretary shall prioritize such reductions from amounts other than amounts authorized under this subsection, section 48101, or section 48103.
(C)Sunset.—This paragraph shall cease to be effective on October 1, 2028.
(l)Personnel and Services.—
(1)Officers and employees.—Except as provided in subsections (a) and (g) of section 40122, the Administrator is authorized, in the performance of the functions of the Administrator, to appoint, transfer, and fix the compensation of such officers and employees, including attorneys, as may be necessary to carry out the functions of the Administrator and the Administration. In fixing compensation and benefits of officers and employees, the Administrator shall not engage in any type of bargaining, except to the extent provided for in section 40122(a), nor shall the Administrator be bound by any requirement to establish such compensation or benefits at particular levels.
(2)Experts and consultants.—The Administrator is authorized to obtain the services of experts and consultants in accordance with section 3109 of title 5.
(3)Transportation and per diem expenses.—The Administrator is authorized to pay transportation expenses, and per diem in lieu of subsistence expenses, in accordance with chapter 57 of title 5.
(4)Use of personnel from other agencies.—The Administrator is authorized to utilize the services of personnel of any other Federal agency (as such term is defined under section 551(1) of title 5).
(5)Voluntary services.—
(A)General rule.—In exercising the authority to accept gifts and voluntary services under section 326 of this title, and without regard to section 1342 of title 31, the Administrator may not accept voluntary and uncompensated services if such services are used to displace Federal employees employed on a full-time, part-time, or seasonal basis.
(B)Incidental expenses.—The Administrator is authorized to provide for incidental expenses, including transportation, lodging, and subsistence, for volunteers who provide voluntary services under this subsection.
(C)Limited treatment as federal employees.—An individual who provides voluntary services under this subsection shall not be considered a Federal employee for any purpose other than for purposes of chapter 81 of title 5, relating to compensation for work injuries, and chapter 171 of title 28, relating to tort claims.
(6)Contracts.—The Administrator is authorized to enter into and perform such contracts, leases, cooperative agreements, or other transactions as may be necessary to carry out the functions of the Administrator and the Administration. The Administrator may enter into such contracts, leases, cooperative agreements, and other transactions with any Federal agency (as such term is defined in section 551(1) of title 5) or any instrumentality of the United States, any State, territory, or possession, or political subdivision thereof, any other governmental entity, or any person, firm, association, corporation, or educational institution, on such terms and conditions as the Administrator may consider appropriate.
(7)Prohibition on certain performance-based incentives.—No employee of the Administration shall be given an award, financial incentive, or other compensation, as a result of actions to meet performance goals related to meeting or exceeding schedules, quotas, or deadlines for certificates issued under section 44704.
(m)Cooperation by Administrator.—With the consent of appropriate officials, the Administrator may, with or without reimbursement, use or accept the services, equipment, personnel, and facilities of any other Federal agency (as such term is defined in section 551(1) of title 5) and any other public or private entity. The Administrator may also cooperate with appropriate officials of other public and private agencies and instrumentalities concerning the use of services, equipment, personnel, and facilities. The head of each Federal agency shall cooperate with the Administrator in making the services, equipment, personnel, and facilities of the Federal agency available to the Administrator. The head of a Federal agency is authorized, notwithstanding any other provision of law, to transfer to or to receive from the Administration, with or without reimbursement, supplies, personnel, services, and equipment other than administrative supplies or equipment.
(n)Acquisition.—
(1)In general.—The Administrator is authorized—
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2)Title.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(o)Transfers of Funds.—The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions transferred by law to the Administrator or functions transferred pursuant to law to the Administrator on or after the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996.
(p)Management Advisory Council.—
(1)Establishment.—The Administrator shall establish an advisory council which shall be known as the Federal Aerospace Management Advisory Council (in this subsection referred to as the “Council”).
(2)Membership.—The Council shall consist of 13 members, who shall consist of—
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 5 members representing aerospace and technology interests, appointed by the Administrator;
(D) 5 members representing aerospace and technology interests, appointed by the Secretary of Transportation; and
(E) 1 member, appointed by the Secretary of Transportation, who is the head of a union representing air traffic control system employees.
(3)Qualifications.—No officer or employee of the Federal Government may be appointed to the Council under subparagraph (C) or (D) of paragraph (2).
(4)Functions.—
(A)In general.—
(i)Advise; counsel.—The Council shall provide advice and counsel to the Administrator on issues which affect or are affected by the activities of the Administrator.
(ii)Resource.—The Council shall function as an oversight resource for management, policy, spending, and regulatory matters under the jurisdiction of the Administrator.
(iii)Submissions to administration.—With respect to Administration management, policy, spending, funding, data management and analysis, safety initiatives, international agreements, activities of the International Civil Aviation Organization, and regulatory matters affecting the aerospace industry and the national airspace system, the Council may—(I) regardless of whether solicited by the Administrator, submit comments, recommended modifications, proposals, and supporting or dissenting views to the Administrator; and(II) request the Administrator include in any submission to Congress, the Secretary, or the general public, and in any submission for publication in the Federal Register, a description of the comments, recommended modifications, and dissenting or supporting views received from the Council under subclause (I).
(iv)Reasoning.—Together with a Council submission that is published or described under clause (iii)(II), the Administrator may provide the reasons for any differences between the views of the Council and the views or actions of the Administrator.
(v)Cost-benefit analysis.—The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(vi)Process review.—The Council shall review the process through which the Administration determines to use advisory circulars, service bulletins, and other externally facing guidance and regulatory material.
(B)Meetings.—The Council shall meet not less than 3 times annually or at the call of the chair or the Administrator.
(C)Access to documents and staff.—The Administrator may give the Council appropriate access to relevant documents and personnel of the Administration, and the Administrator shall make available, consistent with the authority to withhold commercial and other proprietary information under section 552 of title 5 (commonly known as the “Freedom of Information Act”), cost data associated with the acquisition and operation of air traffic service systems.
(D)Disclosure of commercial or proprietary data.—Any member of the Council who receives commercial or other proprietary data as provided for in this paragraph from the Administrator shall be subject to the provisions of section 1905 of title 18, pertaining to unauthorized disclosure of such information.
(5)Application of chapter 10 of title 5.—Chapter 10 of title 5 does not apply to—
(A) the Council;
(B) such aviation rulemaking committees as the Administrator shall designate; or
(C) such aerospace rulemaking committees as the Secretary shall designate.
(6)Administrative matters.—
(A)Terms.—Members of the Council appointed under paragraph (2)(C) shall be appointed for a term of 3 years.
(B)Term for air traffic control representative.—The member appointed under paragraph (2)(E) shall be appointed for a term of 3 years, except that the term of such individual shall end whenever the individual no longer meets the requirements of paragraph (2)(E).
(C)Vacancy.—Any vacancy on the Council shall be filled in the same manner as the original appointment, except that any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of the member was appointed shall be appointed for the remainder of that term.
(D)Continuation in office.—A member of the Council whose term expires shall continue to serve until the date on which the successor of the member takes office.
(E)Removal.—Any member of the Council appointed under paragraph (2) may be removed for cause by whomever makes the appointment.
(F)Chair; vice chair.—The Council shall elect a chair and a vice chair from among the members appointed under subparagraphs (C) and (D) of paragraph (2), each of whom shall serve for a term of 1 year. The vice chair shall perform the duties of the chair in the absence of the chair.
(G)Travel and per diem.—Each member of the Council shall be paid actual travel expenses, and per diem in lieu of subsistence expenses when away from the usual place of residence of the member, in accordance with section 5703 of title 5.
(H)Detail of personnel from the administration.—The Administrator shall make available to the Council such staff, information, and administrative services and assistance as may reasonably be required to enable the Council to carry out the responsibilities of the Council under this subsection.
(q)Aircraft Noise Ombudsman.—
(1)Establishment.—There shall be in the Administration an Aircraft Noise Ombudsman.
(2)General duties and responsibilities.—The Ombudsman shall—
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3)Number of full-time equivalent employees.—The appointment of an Ombudsman under this subsection shall not result in an increase in the number of full-time equivalent employees in the Administration.
(r)Chief Operating Officer.—
(1)In general.—
(A)Appointment.—There shall be a Chief Operating Officer for the air traffic control system who is appointed by the Administrator and subject to the authority of the Administrator.
(B)Qualifications.—The Chief Operating Officer shall have a demonstrated ability in management and knowledge of or experience in aviation.
(C)Term.—The Chief Operating Officer shall be appointed for a term of 5 years.
(D)Removal.—The Chief Operating Officer shall serve at the pleasure of the Administrator, except that the Administrator shall make every effort to ensure stability and continuity in the leadership of the air traffic control system.
(E)Vacancy.—Any individual appointed to fill a vacancy in the position of Chief Operating Officer occurring before the expiration of the term for which the individual’s predecessor was appointed may be appointed for either the remainder of the term or for a full term.
(2)Compensation.—
(A)In general.—The Chief Operating Officer shall be paid at an annual rate of basic pay to be determined by the Administrator. The annual rate may not exceed the annual compensation paid under section 102 of title 3. The Chief Operating Officer shall be subject to the post-employment provisions of section 207 of title 18 as if the position of Chief Operating Officer were described in section 207(c)(2)(A)(i) of that title.
(B)Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Operating Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Operating Officer’s performance in relation to the performance goals set forth in the performance agreement described in paragraph (3).
(3)Annual performance agreement.—The Administrator and the Chief Operating Officer shall enter into an annual performance agreement that sets forth measurable organization and individual goals for the Chief Operating Officer in key operational areas. The agreement shall be subject to review and renegotiation on an annual basis and shall include responsibility for—
(A) the state of good repair of the air traffic control system;
(B) the continuous improvement of the safety and efficiency of the air traffic control system; and
(C) identifying services and solutions to increase the safety and efficiency of airspace use and to support the safe integration of all airspace users.
(4)Annual performance report.—The Chief Operating Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual management report containing the annual performance agreement required under paragraph (3), an assessment of the performance of the Chief Operating Officer in relation to the performance goals in the performance agreement for the previous year, and such other information as may be prescribed by the Administrator.
(5)Responsibilities.—The Administrator may delegate to the Chief Operating Officer any authority of the Administrator and shall delegate, at a minimum the following:
(A)Strategic plans.—To implement the strategic plan of the Administration for the air traffic control system in order to further—
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans;
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(v) plans to integrate new entrant operations into the national airspace system and associated action items.
(B)Operations.—To oversee the day-to-day operational functions of the Administration for air traffic control, including—
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures;
(iii) training and education; and
(iv) the management of cost-reimbursable contracts.
(C)Budget.—To—
(i) develop a budget request of the Administration related to the air traffic control system;
(ii) submit such budget request to the Administrator; and
(iii) ensure that the budget request supports the agency’s annual and long-range strategic plans for air traffic control services.
(6)Unfunded capital investment needs report.—
(A)In general.—Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1150 of title 31,3
3 So in original. Probably should be “section 1105 of title 31,”.
the Administrator shall submit to the Secretary, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate a report on any unfunded capital investment needs of the air traffic control system.
(B)Contents of briefing.—In providing the report under subparagraph (A), the Administrator shall include, for each unfunded capital investment need, the following:
(i) A summary description of such unfunded capital investment need.
(ii) The objective to be achieved if such unfunded capital investment need is funded in whole or in part.
(iii) The additional amount of funds recommended in connection with such objective.
(iv) The Budget Line Item Program and Budget Line Item number associated with such unfunded capital investment need, as applicable.
(v) Any statutory requirement associated with such unfunded capital investment need, as applicable.
(C)Prioritization of requirements.—The briefing required under subparagraph (A) shall present unfunded capital investment needs in overall urgency of priority.
(D)Unfunded capital investment need defined.—In this paragraph, the term “unfunded capital investment need” means a program that—
(i) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
(ii) is for infrastructure or a system related to necessary modernization or sustainment of the air traffic control system;
(iii) is listed for any year in the most recent National Airspace System Capital Investment Plan of the Administration; and
(iv) would have been recommended for funding through the budget referred to in subparagraph (A) by the Administrator if—(I) additional resources had been available for the budget to fund the program, activity, or mission requirement; or(II) the program, activity, or mission requirement has emerged since the budget was formulated.
(7)Air traffic control system defined.—In this section, the term “air traffic control system” has the meaning such term has under section 40102(a).
(s)Chief Technology Officer.—
(1)In general.—
(A)Establishment.—There shall be a Chief Technology Officer for the air traffic control system that shall report directly to the Chief Operating Officer of the air traffic control system.
(B)Appointment.—The Chief Technology Officer shall be appointed by the Administrator.
(C)Minimum qualifications.—The Chief Technology Officer shall have—
(i) at least 10 years experience in engineering management, systems management, or another relevant technical management field; and
(ii) knowledge of or experience in the aviation industry.
(2)Responsibilities.—The responsibilities of the Chief Technology Officer shall include—
(A) ensuring the proper operation, maintenance, and cybersecurity of technology systems relating to the air traffic control system across all offices of the Administration;
(B) coordinating the implementation, operation, maintenance, and cybersecurity of technology programs relating to the air traffic control system with the aerospace industry and other Federal agencies;
(C) reviewing and providing advice to the Secretary, the Administrator, and the Chief Operating Officer on the Administration’s budget, cost-accounting system, and benefit-cost analyses with respect to technology programs relating to the air traffic control system;
(D) consulting with the Administrator on the Capital Investment Plan of the Administration prior to its submission to Congress;
(E) developing an annual air traffic control system technology operation and maintenance plan that is consistent with the annual performance targets established under paragraph (4); and
(F) ensuring that the air traffic control system architecture remains, to the maximum extent practicable, flexible enough to incorporate future technological advances developed and directly procured by the Administration, aircraft operators, or other private providers of information and services related to air traffic management.
(3)Compensation.—
(A)In general.—The Chief Technology Officer shall be paid at an annual rate of basic pay to be determined by the Administrator, in consultation with the Chief Operating Officer. The annual rate may not exceed the annual compensation paid under section 102 of title 3.
(B)Post-employment.—The Chief Technology Officer shall be subject to the postemployment provisions of section 207 of title 18 as if the position of Chief Technology Officer were described in section 207(c)(2)(A)(i) of such title.
(C)Bonus.—In addition to the annual rate of basic pay authorized by subparagraph (A), the Chief Technology Officer may receive a bonus for any calendar year not to exceed 30 percent of the annual rate of basic pay, based upon the Administrator’s evaluation of the Chief Technology Officer’s performance in relation to the performance targets established under paragraph (4).
(4)Annual performance targets.—
(A)In general.—The Administrator and the Chief Operating Officer, in consultation with the Chief Technology Officer, shall establish measurable annual performance targets for the Chief Technology Officer in key operational areas.
(B)Report.—The Administrator shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report describing the annual performance targets established under subparagraph (A).
(5)Annual performance report.—The Chief Technology Officer shall prepare and transmit to the Secretary of Transportation, the Committee on Transportation and Infrastructure of the House of Representatives, and the Committee on Commerce, Science, and Transportation of the Senate an annual report containing—
(A) detailed descriptions and metrics of how successful the Chief Technology Officer was in meeting the annual performance targets established under paragraph (4); and
(B) other information as may be requested by the Administrator and the Chief Operating Officer.
(t)Office of Whistleblower Protection and Aviation Safety Investigations.—
(1)Establishment.—There is established in the Federal Aviation Administration (in this subsection referred to as the “Agency”) the Office of Whistleblower Protection and Aviation Safety Investigations (in this subsection referred to as the “Office”).
(2)Director.—
(A)Appointment.—The head of the Office shall be the Director, who shall be appointed by the Secretary of Transportation.
(B)Qualifications.—The Director shall have a demonstrated ability in investigations and knowledge of or experience in aviation.
(C)Term.—The Director shall be appointed for a term of 5 years.
(D)Vacancies.—Any individual appointed to fill a vacancy in the position of the Director occurring before the expiration of the term for which the individual’s predecessor was appointed shall be appointed for the remainder of that term.
(E)Limitation of duties.— The Director may only perform duties of the Director described in paragraph (3)(A).
(3)Complaints and investigations.—
(A)Authority of director.—The Director shall—
(i) receive complaints and information submitted by employees of persons holding certificates issued under title 14, Code of Federal Regulations (if the certificate holder does not have a similar in-house whistleblower or safety and regulatory noncompliance reporting process established under or pursuant to a safety management system) and employees of the Agency concerning the possible existence of an activity relating to a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety;
(ii) assess complaints and information submitted under clause (i) and determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred;
(iii) based on findings of the assessment conducted under clause (ii), make recommendations to the Administrator of the Agency, in writing, regarding further investigation or corrective actions;
(iv) receive allegations of whistleblower retaliation by employees of the Agency;
(v) coordinate with and provide all necessary assistance to the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, and the Office of Special Counsel on investigations relating to whistleblower retaliation by employees of the Agency; and
(vi) investigate allegations of whistleblower retaliation by employees of the Agency that have been delegated to the Office by the Office of Investigations and Professional Responsibility, the inspector general of the Department of Transportation, or the Office of Special Counsel.
(B)Disclosure of identities.—The Director shall not disclose the identity of an individual who submits a complaint or information under subparagraph (A)(i) unless—
(i) the individual consents to the disclosure in writing; or
(ii) the Director determines, in the course of an investigation, that the disclosure is required by regulation, statute, or court order, or is otherwise unavoidable, in which case the Director shall provide the individual reasonable advanced notice of the disclosure.
(C)Independence of director.—The Secretary, the Administrator, or any officer or employee of the Agency may not prevent or prohibit the Director from initiating, carrying out, or completing any assessment of a complaint or information submitted under subparagraph (A)(i) or from reporting to Congress on any such assessment.
(D)Access to information.—In conducting an assessment of a complaint or information submitted under subparagraph (A)(i), the Director shall have access to all records, reports, audits, reviews, documents, papers, recommendations, and other material of the Agency necessary to determine whether a substantial likelihood exists that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety may have occurred.
(4)Responses to recommendations.—Not later than 60 days after the date on which the Administrator receives a report with respect to an investigation, the Administrator shall respond to a recommendation made by the Director under paragraph (3)(A)(iii) in writing and retain records related to any further investigations or corrective actions taken in response to the recommendation.
(5)Incident reports.—If the Director determines there is a substantial likelihood that a violation of an order, a regulation, or any other provision of Federal law relating to aviation safety has occurred that requires immediate corrective action, the Director shall report the potential violation expeditiously to the Administrator and the Inspector General of the Department of Transportation.
(6)Reporting of criminal violations to inspector general.—If the Director has reasonable grounds to believe that there has been a violation of Federal criminal law, the Director shall report the violation expeditiously to the Inspector General.
(7)Department of transportation office of the inspector general peer review.—
(A)In general.—Not later than 2 years after the date of enactment of the FAA Reauthorization Act of 2024, and every 5 years thereafter, the inspector general of the Department of Transportation shall perform a peer review of the Office of Whistleblower Protection and Aviation Safety Investigations.
(B)Peer review scope.—In completing the peer reviews required under this paragraph, the inspector general shall, to the extent appropriate, use the most recent peer review guides published by the Council of the Inspectors General on Integrity and Efficiency Audit Committee and Investigations Committee.
(C)Reports to congress.—Not later than 90 days after the completion of a peer review required under this paragraph, the inspector general 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 a description of any actions taken or to be taken to address the results of the peer review.
(8)Whistleblower ombudsman.—
(A)In general.—Within the Office, there shall be established the position of Whistleblower Ombudsman.
(B)Ombudsman qualifications.—The individual selected as Ombudsman shall have knowledge of Federal labor law and demonstrated government experience in human resource management and conflict resolution.
(C)Duties.—The Ombudsman shall carry out the following duties:
(i) Educate Administration employees about prohibitions against materially adverse acts of retaliation and any specific rights or remedies with respect to those retaliatory actions.
(ii) Serve as an independent confidential resource for Administration employees to discuss any specific retaliation allegation and available rights or remedies based on the circumstances, as appropriate.
(iii) Coordinate with Human Resource Management, the Office of Accountability and Whistleblower Protection, the Office of Professional Responsibility, and the Office of the Chief Counsel, as necessary.
(iv) Coordinate with the Office of the Inspector General of the Department of Transportation’s Whistleblower Protection Coordinator and the Office of the Special Counsel, as necessary.
(v) Conduct outreach and assist in the development of training within the Agency to mitigate the potential for retaliation and promote timely and appropriate processing of any protected disclosure or allegation of materially adverse acts of retaliation.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100–591, § 5(a), Nov. 3, 1988, 102 Stat. 3013; Pub. L. 101–508, title IX, § 9106, Nov. 5, 1990, 104 Stat. 1388–355; Pub. L. 101–604, title I, § 101(c), Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102–581, title I, § 104, Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103–272, §§ 4(j)(3), 5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103–305, title I, § 103, title II, § 201, Aug. 23, 1994, 108 Stat. 1571, 1581; Pub. L. 104–264, title I, § 103(a), title II, §§ 223(a), 224–230, 276(c), title XII, § 1210, Oct. 9, 1996, 110 Stat. 3216, 3229–3234, 3282; Pub. L. 104–287, § 5(1), Oct. 11, 1996, 110 Stat. 3388; Pub. L. 105–102, § 3(c)(3), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, § 4, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–181, title I, § 103(a), title III, §§ 302(a)–(c), 303, 305, 306, 307(c)(1), title VII, § 701, Apr. 5, 2000, 114 Stat. 66, 115–118, 121, 123, 124, 126, 154; Pub. L. 106–528, § 8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107–71, title I, § 101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603; Pub. L. 108–176, title I, § 103(a),(b), title II, §§ 201–204, 224(c), Dec. 12, 2003, 117 Stat. 2495, 2496, 2522–2526, 2528; Pub. L. 110–330, § 6, Sept. 30, 2008, 122 Stat. 3719; Pub. L. 111–12, § 6, Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 6, Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 6, Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 6, Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 6, Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 6, July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 105, Aug. 1, 2010, 124 Stat. 2350; Pub. L. 112–30, title II, § 206, Sept. 16, 2011, 125 Stat. 359; Pub. L. 112–91, § 6, Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 103, title II, §§ 203, 204, title III, §§ 306(b), 341, Feb. 14, 2012, 126 Stat. 16, 37, 61, 78; Pub. L. 112–166, § 2(k)(2), Aug. 10, 2012, 126 Stat. 1286; Pub. L. 113–188, title XV, § 1501(a), Nov. 26, 2014, 128 Stat. 2023; Pub. L. 114–55, title I, § 103, Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 103, Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1103, July 15, 2016, 130 Stat. 618; Pub. L. 115–63, title I, § 103, Sept. 29, 2017, 131 Stat. 1170; Pub. L. 115–141, div. M, title I, § 103, Mar. 23, 2018, 132 Stat. 1047; Pub. L. 115–254, div. B, title I, § 113, title V, §§ 545(a), 564, div. K, title I, § 1991(a), Oct. 5, 2018, 132 Stat. 3200, 3374, 3385, 3626; Pub. L. 116–260, div. V, title I, §§ 114, 133(a), (b), Dec. 27, 2020, 134 Stat. 2333, 2353, 2355; Pub. L. 117–286, § 4(a)(302), (c)(46), Dec. 27, 2022, 136 Stat. 4339, 4359; Pub. L. 117–328, div. Q, § 104, Dec. 29, 2022, 136 Stat. 5253; Pub. L. 118–15, div. B, title II, § 2203, Sept. 30, 2023, 137 Stat. 84; Pub. L. 118–34, title I, § 103, Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, § 103, Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title I, § 103, title II, §§ 201, 202(a), 203–204(b), 206(g), 210–214, 216, May 16, 2024, 138 Stat. 1034–1041, 1045, 1049–1054.)

CITE AS: 49 USC 106

§ 107. Federal Transit Administration
(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. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102–240, title III, § 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)

CITE AS: 49 USC 107

§ 108. Pipeline and Hazardous Materials Safety Administration
(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. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 4(j)(4), July 5, 1994, 108 Stat. 1365; Pub. L. 108–426, § 2(a), Nov. 30, 2004, 118 Stat. 2423.)

CITE AS: 49 USC 108

§ 109. Maritime Administration
(a)Organization and Mission.—The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.
(b)Maritime Administrator.—The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.
(c)Deputy Maritime Administrator.—The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.
(d)Duties and Powers Vested in Secretary.—All duties and powers of the Maritime Administration are vested in the Secretary.
(e)Regional Offices.—The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.
(f)Interagency and Industry Relations.—The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.
(g)Detailing Officers From Armed Forces.—To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the armed forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer’s pay and allowances as an officer in the armed forces, makes the officer’s total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.
(h)Contracts, Cooperative Agreements, and Audits.—
(1)Contracts and cooperative agreements.—In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—
(A) carry out the Secretary’s duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2)Audits.—The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
(i)Grant Administrative Expenses.—Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.
(j)Authorization of Appropriations.—
(1)In general.—Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
(2)Limitations.—Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103–272, § 5(m)(5), July 5, 1994, 108 Stat. 1375; Pub. L. 109–304, § 12, Oct. 6, 2006, 120 Stat. 1698; Pub. L. 111–84, div. C, title XXXV, § 3508, Oct. 28, 2009, 123 Stat. 2721; Pub. L. 111–383, div. A, title X, § 1075(d)(26), Jan. 7, 2011, 124 Stat. 4374; Pub. L. 112–213, title IV, § 409, Dec. 20, 2012, 126 Stat. 1572; Pub. L. 114–328, div. C, title XXXV, § 3505(g), Dec. 23, 2016, 130 Stat. 2776.)

CITE AS: 49 USC 109

§ 110. Great Lakes St. Lawrence Seaway Development Corporation
(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. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103–272, § 4(j)(5)(A), July 5, 1994, 108 Stat. 1366; Pub. L. 116–260, div. AA, title V, § 512(c)(7)(A)(i), Dec. 27, 2020, 134 Stat. 2757.)

CITE AS: 49 USC 110

[§ 111. Repealed. Pub. L. 112–141, div. E, title II, § 52011(c)(1), July 6, 2012, 126 Stat. 895]

CITE AS: 49 USC 111

[§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]

CITE AS: 49 USC 112

§ 113. Federal Motor Carrier Safety Administration
(a)In General.—The Federal Motor Carrier Safety Administration shall be an administration of 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 motor carrier 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 motor carrier safety. The Administrator shall report directly to the Secretary of Transportation.
(d)Deputy Administrator.—The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(e)Chief Safety Officer.—The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. 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)Powers and Duties.—The Administrator shall carry out—
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Department of Transportation other than the Federal Highway Administration, as of October 8, 1999; and
(2) additional duties and powers prescribed by the Secretary.
(g)Limitation on Transfer of Powers and Duties.—A duty or power specified in subsection (f)(1) may only be transferred to another part of the Department when specifically provided by law.
(h)Effect of Certain Decisions.—A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving notice and hearing required by law is administratively final.
(i)Consultation.—The Administrator shall consult with the Federal Highway Administrator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety.
(Added Pub. L. 106–159, title I, § 101(a), Dec. 9, 1999, 113 Stat. 1750.)

CITE AS: 49 USC 113

§ 114. Transportation Security Administration
(a)In General.—The Transportation Security Administration shall be an administration of the Department of Homeland Security.
(b)Leadership.—
(1)Head of transportation security administration.—
(A)Appointment.—The head of the Administration shall be the Administrator of the Transportation Security Administration (referred to in this section as the “Administrator”). The Administrator shall be appointed by the President, by and with the advice and consent of the Senate.
(B)Qualifications.—The Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(C)Term.—Effective with respect to any individual appointment by the President, by and with the advice and consent of the Senate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an individual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving.
(2)Deputy administrator.—
(A)Appointment.—There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be appointed by the President.
(B)Vacancy.—The Deputy Administrator shall be Acting Administrator during the absence or incapacity of the Administrator or during a vacancy in the office of Administrator.
(C)Qualifications.—The Deputy Administrator must—
(i) be a citizen of the United States; and
(ii) have experience in a field directly related to transportation or security.
(3)Chief counsel.—
(A)Appointment.—There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Administrator and other senior officials on all legal matters relating to the responsibilities, functions, and management of the Transportation Security Administration.
(B)Qualifications.—The Chief Counsel must be a citizen of the United States.
(c)Limitation on Ownership of Stocks and Bonds.—The Administrator may not own stock in or bonds of a transportation or security enterprise or an enterprise that makes equipment that could be used for security purposes.
(d)Functions.—The Administrator shall be responsible for security in all modes of transportation, including—
(1) carrying out chapter 449, relating to civil aviation security, and related research and development activities; and
(2) security responsibilities over other modes of transportation that are exercised by the Department of Transportation.
(e)Screening Operations.—The Administrator shall—
(1) be responsible for day-to-day Federal security screening operations for passenger air transportation and intrastate air transportation under sections 44901 and 44935;
(2) develop standards for the hiring and retention of security screening personnel;
(3) train and test security screening personnel; and
(4) be responsible for hiring and training personnel to provide security screening at all airports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments.
(f)Additional Duties and Powers.—In addition to carrying out the functions specified in subsections (d) and (e), the Administrator shall—
(1) receive, assess, and distribute intelligence information related to transportation security;
(2) assess threats to transportation;
(3) develop policies, strategies, and plans for dealing with threats to transportation security;
(4) make other plans related to transportation security, including coordinating countermeasures with appropriate departments, agencies, and instrumentalities of the United States Government;
(5) serve as the primary liaison for transportation security to the intelligence and law enforcement communities;
(6) on a day-to-day basis, manage and provide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by section 44933;
(7) enforce security-related regulations and requirements;
(8) identify and undertake research and development activities necessary to enhance transportation security;
(9) inspect, maintain, and test security facilities, equipment, and systems;
(10) ensure the adequacy of security measures for the transportation of cargo;
(11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities;
(12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel;
(13) work in conjunction with the Administrator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier operations;
(14) work with the International Civil Aviation Organization and appropriate aeronautic authorities of foreign governments under section 44907 to address security concerns on passenger flights by foreign air carriers in foreign air transportation;
(15) establish and maintain a National Deployment Office as required under section 44948 of this title; and
(16) carry out such other duties, and exercise such other powers, relating to transportation security as the Administrator considers appropriate, to the extent authorized by law.
(g)National Emergency Responsibilities.—
(1)In general.—Subject to the direction and control of the Secretary of Homeland Security, the Administrator, during a national emergency, shall have the following responsibilities:
(A) To coordinate domestic transportation, including aviation, rail, and other surface transportation, and maritime transportation (including port security).
(B) To coordinate and oversee the transportation-related responsibilities of other departments and agencies of the Federal Government other than the Department of Defense and the military departments.
(C) To coordinate and provide notice to other departments and agencies of the Federal Government, and appropriate agencies of State and local governments, including departments and agencies for transportation, law enforcement, and border control, about threats to transportation.
(D) To carry out such other duties, and exercise such other powers, relating to transportation during a national emergency as the Secretary of Homeland Security shall prescribe.
(2)Authority of other departments and agencies.—The authority of the Administrator under this subsection shall not supersede the authority of any other department or agency of the Federal Government under law with respect to transportation or transportation-related matters, whether or not during a national emergency.
(3)Circumstances.—The Secretary of Homeland Security shall prescribe the circumstances constituting a national emergency for purposes of this subsection.
(h)Management of Security Information.—In consultation with the Transportation Security Oversight Board, the Administrator shall—
(1) enter into memoranda of understanding with Federal agencies or other entities to share or otherwise cross-check as necessary data on individuals identified on Federal agency databases who may pose a risk to transportation or national security;
(2) establish procedures for notifying the Administrator of the Federal Aviation Administration, appropriate State and local law enforcement officials, and airport or airline security officers of the identity of individuals known to pose, or suspected of posing, a risk of air piracy or terrorism or a threat to airline or passenger safety;
(3) in consultation with other appropriate Federal agencies and air carriers, establish policies and procedures requiring air carriers—
(A) to use information from government agencies to identify individuals on passenger lists who may be a threat to civil aviation or national security; and
(B) if such an individual is identified, notify appropriate law enforcement agencies, prevent the individual from boarding an aircraft, or take other appropriate action with respect to that individual; and
(4) consider requiring passenger air carriers to share passenger lists with appropriate Federal agencies for the purpose of identifying individuals who may pose a threat to aviation safety or national security.
(i)View of NTSB.—In taking any action under this section that could affect safety, the Administrator shall give great weight to the timely views of the National Transportation Safety Board.
(j)Acquisitions.—
(1)In general.—The Administrator is authorized—
(A) to acquire (by purchase, lease, condemnation, or otherwise) such real property, or any interest therein, within and outside the continental United States, as the Administrator considers necessary;
(B) to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain such personal property (including office space and patents), or any interest therein, within and outside the continental United States, as the Administrator considers necessary;
(C) to lease to others such real and personal property and to provide by contract or otherwise for necessary facilities for the welfare of its employees and to acquire, maintain, and operate equipment for these facilities;
(D) to acquire services, including such personal services as the Secretary of Homeland Security determines necessary, and to acquire (by purchase, lease, condemnation, or otherwise) and to construct, repair, operate, and maintain research and testing sites and facilities; and
(E) in cooperation with the Administrator of the Federal Aviation Administration, to utilize the research and development facilities of the Federal Aviation Administration.
(2)Title.—Title to any property or interest therein acquired pursuant to this subsection shall be held by the Government of the United States.
(k)Transfers of Funds.—The Administrator is authorized to accept transfers of unobligated balances and unexpended balances of funds appropriated to other Federal agencies (as such term is defined in section 551(1) of title 5) to carry out functions assigned by law to the Administrator.
(l)Regulations.—
(1)In general.—The Administrator is authorized to issue, rescind, and revise such regulations as are necessary to carry out the functions of the Administration.
(2)Emergency procedures.—
(A)In general.—Notwithstanding any other provision of law or executive order (including an executive order requiring a cost-benefit analysis), if the Administrator determines that a regulation or security directive must be issued immediately in order to protect transportation security, the Administrator shall issue the regulation or security directive without providing notice or an opportunity for comment and without prior approval of the Secretary.
(B)Review by transportation security oversight board.—Any regulation or security directive issued under this paragraph shall be subject to review by the Transportation Security Oversight Board established under section 115. Any regulation or security directive issued under this paragraph shall remain effective for a period not to exceed 90 days unless ratified or disapproved by the Board or rescinded by the Administrator.
(3)Factors to consider.—In determining whether to issue, rescind, or revise a regulation under this section, the Administrator shall consider, as a factor in the final determination, whether the costs of the regulation are excessive in relation to the enhancement of security the regulation will provide. The Administrator may waive requirements for an analysis that estimates the number of lives that will be saved by the regulation and the monetary value of such lives if the Administrator determines that it is not feasible to make such an estimate.
(4)Airworthiness objections by faa.—
(A)In general.—The Administrator shall not take an aviation security action under this title if the Administrator of the Federal Aviation Administration notifies the Administrator that the action could adversely affect the airworthiness of an aircraft.
(B)Review by secretary.—Notwithstanding subparagraph (A), the Administrator may take such an action, after receiving a notification concerning the action from the Administrator of the Federal Aviation Administration under subparagraph (A), if the Secretary of Transportation subsequently approves the action.
(m)Personnel and Services; Cooperation by Administrator.—
(1)Authority of administrator.—In carrying out the functions of the Administration, the Administrator shall have the same authority as is provided to the Administrator of the Federal Aviation Administration under subsections (l) and (m) of section 106.
(2)Authority of agency heads.—The head of a Federal agency shall have the same authority to provide services, supplies, equipment, personnel, and facilities to the Administrator as the head has to provide services, supplies, equipment, personnel, and facilities to the Administrator of the Federal Aviation Administration under section 106(m).
(n)Personnel Management System.—
(1)In general.—The personnel management system established by the Administrator of the Federal Aviation Administration under section 40122 shall apply to employees of the Transportation Security Administration, or, subject to the requirements of such section, the Administrator may make such modifications to the personnel management system with respect to such employees as the Administrator considers appropriate, such as adopting aspects of other personnel systems of the Department of Homeland Security.
(2)Meritorious executive or distinguished executive rank awards.—Notwithstanding section 40122(g)(2) of this title, the applicable sections of title 5 shall apply to the Transportation Security Administration personnel management system, except that—
(A) for purposes of applying such provisions to the personnel management system—
(i) the term “agency” means the Department of Homeland Security;
(ii) the term “senior executive” means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
(iii) the term “career appointee” means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment; and
(iv) The 1
1 So in original. Probably should not be capitalized.
term “senior career employee” means a Transportation Security Administration employee covered by the Transportation Security Administration Core Compensation System at the L or M pay band;
(B) receipt by a career appointee or a senior career employee of the rank of Meritorious Executive or Meritorious Senior Professional entitles the individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system; and
(C) receipt by a career appointee or a senior career employee of the rank of Distinguished Executive or Distinguished Senior Professional entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under the applicable Transportation Security Administration pay system.
(3)Definition of applicable sections of title 5.—In this subsection, the term “applicable sections of title 5” means—
(A) subsections (b), (c) and (d) of section 4507 of title 5; and
(B) subsections (b) and (c) of section 4507a of title 5.
(o)Authority of Inspector General.—The Transportation Security Administration shall be subject to chapter 4 of title 5 and other laws relating to the authority of the Inspector General of the Department of Homeland Security.
(p)Law Enforcement Powers.—
(1)In general.—The Administrator may designate an employee of the Transportation Security Administration or other Federal agency to serve as a law enforcement officer.
(2)Powers.—While engaged in official duties of the Administration as required to fulfill the responsibilities under this section, a law enforcement officer designated under paragraph (1) may—
(A) carry a firearm;
(B) make an arrest without a warrant for any offense against the United States committed in the presence of the officer, or for any felony cognizable under the laws of the United States if the officer has probable cause to believe that the person to be arrested has committed or is committing the felony; and
(C) seek and execute warrants for arrest or seizure of evidence issued under the authority of the United States upon probable cause that a violation has been committed.
(3)Guidelines on exercise of authority.—The authority provided by this subsection shall be exercised in accordance with guidelines prescribed by the Administrator, in consultation with the Attorney General of the United States, and shall include adherence to the Attorney General’s policy on use of deadly force.
(4)Revocation or suspension of authority.—The powers authorized by this subsection may be rescinded or suspended should the Attorney General determine that the Administrator has not complied with the guidelines prescribed in paragraph (3) and conveys the determination in writing to the Secretary of Homeland Security and the Administrator.
(q)Authority To Exempt.—The Administrator may grant an exemption from a regulation prescribed in carrying out this section if the Administrator determines that the exemption is in the public interest.
(r)Nondisclosure of Security Activities.—
(1)In general.—Notwithstanding section 552 of title 5, the Administrator shall prescribe regulations prohibiting the disclosure of information obtained or developed in carrying out security under authority of the Aviation and Transportation Security Act (Public Law 107–71) or under chapter 449 of this title if the Administrator decides that disclosing the information would—
(A) be an unwarranted invasion of personal privacy;
(B) reveal a trade secret or privileged or confidential commercial or financial information; or
(C) be detrimental to the security of transportation.
(2)Availability of information to congress.—Paragraph (1) does not authorize information to be withheld from a committee of Congress authorized to have the information.
(3)Limitation on transferability of duties.—Except as otherwise provided by law, the Administrator may not transfer a duty or power under this subsection to another department, agency, or instrumentality of the United States.
(4)Limitations.—Nothing in this subsection, or any other provision of law, shall be construed to authorize the designation of information as sensitive security information (as defined in section 1520.5 of title 49, Code of Federal Regulations)—
(A) to conceal a violation of law, inefficiency, or administrative error;
(B) to prevent embarrassment to a person, organization, or agency;
(C) to restrain competition; or
(D) to prevent or delay the release of information that does not require protection in the interest of transportation security, including basic scientific research information not clearly related to transportation security.
(s)Transportation Security Strategic Planning.—
(1)In general.—The Secretary of Homeland Security shall develop, prepare, implement, and update, as needed—
(A) a National Strategy for Transportation Security; and
(B) transportation modal security plans addressing security risks, including threats, vulnerabilities, and consequences, for aviation, railroad, ferry, highway, maritime, pipeline, public transportation, over-the-road bus, and other transportation infrastructure assets.
(2)Role of secretary of transportation.—The Secretary of Homeland Security shall work jointly with the Secretary of Transportation in developing, revising, and updating the documents required by paragraph (1).
(3)Contents of national strategy for transportation security.—The National Strategy for Transportation Security shall include the following:
(A) An identification and evaluation of the transportation assets in the United States that, in the interests of national security and commerce, must be protected from attack or disruption by terrorist or other hostile forces, including modal security plans for aviation, bridge and tunnel, commuter rail and ferry, highway, maritime, pipeline, rail, mass transit, over-the-road bus, and other public transportation infrastructure assets that could be at risk of such an attack or disruption.
(B) The development of risk-based priorities, based on risk assessments conducted or received by the Secretary of Homeland Security (including assessments conducted under the Implementing Recommendations of the 9/11 Commission Act of 2007) across all transportation modes and realistic deadlines for addressing security needs associated with those assets referred to in subparagraph (A).
(C) The most appropriate, practical, and cost-effective means of defending those assets against threats to their security.
(D) A forward-looking strategic plan that sets forth the agreed upon roles and missions of Federal, State, regional, local, and tribal authorities and establishes mechanisms for encouraging cooperation and participation by private sector entities, including nonprofit employee labor organizations, in the implementation of such plan.
(E) A comprehensive delineation of prevention, response, and recovery responsibilities and issues regarding threatened and executed acts of terrorism within the United States and threatened and executed acts of terrorism outside the United States to the extent such acts affect United States transportation systems.
(F) A prioritization of research and development objectives that support transportation security needs, giving a higher priority to research and development directed toward protecting vital transportation assets. Transportation security research and development projects shall be based, to the extent practicable, on such prioritization. Nothing in the preceding sentence shall be construed to require the termination of any research or development project initiated by the Secretary of Homeland Security or the Secretary of Transportation before the date of enactment of the Implementing Recommendations of the 9/11 Commission Act of 2007.
(G) A 3- and 10-year budget for Federal transportation security programs that will achieve the priorities of the National Strategy for Transportation Security.
(H) Methods for linking the individual transportation modal security plans and the programs contained therein, and a plan for addressing the security needs of intermodal transportation.
(I) Transportation modal security plans described in paragraph (1)(B), including operational recovery plans to expedite, to the maximum extent practicable, the return to operation of an adversely affected transportation system following a major terrorist attack on that system or other incident. These plans shall be coordinated with the resumption of trade protocols required under section 202 of the SAFE Port Act (6 U.S.C. 942) and the National Maritime Transportation Security Plan required under section 70103(a) of title 46.
(4)Submission of plans.—
(A)In general.—The Secretary of Homeland Security shall submit the National Strategy for Transportation Security, including the transportation modal security plans and any revisions to the National Strategy for Transportation Security and the transportation modal security plans, to appropriate congressional committees not less frequently than April 1 of each even-numbered year.
(B)Periodic progress report.—
(i)Requirement for report.—Each year, in conjunction with the submission of the budget to Congress under section 1105(a) of title 31, United States Code, the Secretary of Homeland Security shall submit to the appropriate congressional committees an assessment of the progress made on implementing the National Strategy for Transportation Security, including the transportation modal security plans.
(ii)Content.—Each progress report submitted under this subparagraph shall include, at a minimum, the following:(I) Recommendations for improving and implementing the National Strategy for Transportation Security and the transportation modal and intermodal security plans that the Secretary of Homeland Security, in consultation with the Secretary of Transportation, considers appropriate.(II) An accounting of all grants for transportation security, including grants and contracts for research and development, awarded by the Secretary of Homeland Security in the most recent fiscal year and a description of how such grants accomplished the goals of the National Strategy for Transportation Security.(III) An accounting of all—(aa) funds requested in the President’s budget submitted pursuant to section 1105 of title 31 for the most recent fiscal year for transportation security, by mode;(bb) personnel working on transportation security by mode, including the number of contractors; and(cc) information on the turnover in the previous year among senior staff of the Department of Homeland Security, including component agencies, working on transportation security issues. Such information shall include the number of employees who have permanently left the office, agency, or area in which they worked, and the amount of time that they worked for the Department of Homeland Security.
(iii)Written explanation of transportation security activities not delineated in the national strategy for transportation security.—At the end of each fiscal year, the Secretary of Homeland Security shall submit to the appropriate congressional committees a written explanation of any Federal transportation security activity that is inconsistent with the National Strategy for Transportation Security, including the amount of funds to be expended for the activity and the number of personnel involved.
(C)Classified material.—Any part of the National Strategy for Transportation Security or the transportation modal security plans that involve information that is properly classified under criteria established by Executive order shall be submitted to the appropriate congressional committees separately in a classified format.
(D)Appropriate congressional committees defined.—In this subsection, the term “appropriate congressional committees” means the Committee on Transportation and Infrastructure and the Committee on Homeland Security of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Homeland Security and Governmental Affairs, and the Committee on Banking, Housing, and Urban Affairs of the Senate.
(5)Priority Status.—
(A)In general.—The National Strategy for Transportation Security shall be the governing document for Federal transportation security efforts.
(B)Other plans and reports.—The National Strategy for Transportation Security shall include, as an integral part or as an appendix—
(i) the current National Maritime Transportation Security Plan under section 70103 of title 46;
(ii) the report required by section 44938 of this title;
(iii) transportation modal security plans required under this section;
(iv) the transportation sector specific plan required under Homeland Security Presidential Directive–7; and
(v) any other transportation security plan or report that the Secretary of Homeland Security determines appropriate for inclusion.
(6)Coordination.—In carrying out the responsibilities under this section, the Secretary of Homeland Security, in coordination with the Secretary of Transportation, shall consult, as appropriate, with Federal, State, and local agencies, tribal governments, private sector entities (including nonprofit employee labor organizations), institutions of higher learning, and other entities.
(7)Plan distribution.—The Secretary of Homeland Security shall make available and appropriately publicize an unclassified version of the National Strategy for Transportation Security, including its component transportation modal security plans, to Federal, State, regional, local and tribal authorities, transportation system owners or operators, private sector stakeholders, including nonprofit employee labor organizations representing transportation employees, institutions of higher learning, and other appropriate entities.
(t)Transportation Security Information Sharing Plan.—
(1)Definitions.—In this subsection:
(A)Appropriate congressional committees.—The term “appropriate congressional committees” has the meaning given that term in subsection (s)(4)(E).
(B)Plan.—The term “Plan” means the Transportation Security Information Sharing Plan established under paragraph (2).
(C)Public and private stakeholders.—The term “public and private stakeholders” means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.
(D)Transportation security information.—The term “transportation security information” means information relating to the risks to transportation modes, including aviation, public transportation, railroad, ferry, highway, maritime, pipeline, and over-the-road bus transportation, and may include specific and general intelligence products, as appropriate.
(2)Establishment of plan.—The Secretary of Homeland Security, in consultation with the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485), the Secretary of Transportation, and public and private stakeholders, shall establish a Transportation Security Information Sharing Plan. In establishing the Plan, the Secretary of Homeland Security shall gather input on the development of the Plan from private and public stakeholders and the program manager of the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485).
(3)Purpose of plan.—The Plan shall promote sharing of transportation security information between the Department of Homeland Security and public and private stakeholders.
(4)Content of plan.—The Plan shall include—
(A) a description of how intelligence analysts within the Department of Homeland Security will coordinate their activities within the Department and with other Federal, State, and local agencies, and tribal governments, including coordination with existing modal information sharing centers and the center described in section 1410 of the Implementing Recommendations of the 9/11 Commission Act of 2007;
(B) the establishment of a point of contact, which may be a single point of contact within the Department of Homeland Security, for each mode of transportation for the sharing of transportation security information with public and private stakeholders, including an explanation and justification to the appropriate congressional committees if the point of contact established pursuant to this subparagraph differs from the agency within the Department of Homeland Security that has the primary authority, or has been delegated such authority by the Secretary of Homeland Security, to regulate the security of that transportation mode;
(C) a reasonable deadline by which the Plan will be implemented; and
(D) a description of resource needs for fulfilling the Plan.
(5)Coordination with information sharing.—The Plan shall be—
(A) implemented in coordination, as appropriate, with the program manager for the information sharing environment established under section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (6 U.S.C. 485); and
(B) consistent with the establishment of the information sharing environment and any policies, guidelines, procedures, instructions, or standards established by the President or the program manager for the implementation and management of the information sharing environment.
(6)Annual report on plan.—The Secretary of Homeland Security shall annually submit to the appropriate congressional committees a report containing the Plan.
(7)Security clearances.—The Secretary of Homeland Security shall, to the greatest extent practicable, take steps to expedite the security clearances needed for designated public and private stakeholders to receive and obtain access to classified information distributed under this section, as appropriate.
(8)Classification of material.—The Secretary of Homeland Security, to the greatest extent practicable, shall provide designated public and private stakeholders with transportation security information in an unclassified format.
(u)Enforcement of Regulations and Orders of the Secretary of Homeland Security.—
(1)Application of subsection.—
(A)In general.—This subsection applies to the enforcement of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of chapter 701 of title 46 and under a provision of this title other than a provision of chapter 449 (in this subsection referred to as an “applicable provision of this title”).
(B)Violations of chapter 449.—The penalties for violations of regulations prescribed and orders issued by the Secretary of Homeland Security or the Administrator under chapter 449 of this title are provided under chapter 463 of this title.
(C)Nonapplication to certain violations.—
(i) Paragraphs (2) through (5) do not apply to violations of regulations prescribed, and orders issued, by the Secretary of Homeland Security under a provision of this title—(I) involving the transportation of personnel or shipments of materials by contractors where the Department of Defense has assumed control and responsibility;(II) by a member of the armed forces of the United States when performing official duties; or(III) by a civilian employee of the Department of Defense when performing official duties.
(ii) Violations described in subclause (I), (II), or (III) of clause (i) shall be subject to penalties as determined by the Secretary of Defense or the Secretary of Defense’s designee.
(2)Civil penalty.—
(A)In general.—A person is liable to the United States Government for a civil penalty of not more than $10,000 for a violation of a regulation prescribed, or order issued, by the Secretary of Homeland Security under an applicable provision of this title.
(B)Repeat violations.—A separate violation occurs under this paragraph for each day the violation continues.
(3)Administrative imposition of civil penalties.—
(A)In general.—The Secretary of Homeland Security may impose a civil penalty for a violation of a regulation prescribed, or order issued, under an applicable provision of this title. The Secretary shall give written notice of the finding of a violation and the penalty.
(B)Scope of civil action.—In a civil action to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection, a court may not re-examine issues of liability or the amount of the penalty.
(C)Jurisdiction.—The district courts of the United States shall have exclusive jurisdiction of civil actions to collect a civil penalty imposed by the Secretary of Homeland Security under this subsection if—
(i) the amount in controversy is more than—(I) $400,000, if the violation was committed by a person other than an individual or small business concern; or(II) $50,000 if the violation was committed by an individual or small business concern;
(ii) the action is in rem or another action in rem based on the same violation has been brought; or
(iii) another action has been brought for an injunction based on the same violation.
(D)Maximum penalty.—The maximum civil penalty the Secretary of Homeland Security administratively may impose under this paragraph is—
(i) $400,000, if the violation was committed by a person other than an individual or small business concern; or
(ii) $50,000, if the violation was committed by an individual or small business concern.
(E)Notice and opportunity to request hearing.—Before imposing a penalty under this section the Secretary of Homeland Security shall provide to the person against whom the penalty is to be imposed—
(i) written notice of the proposed penalty; and
(ii) the opportunity to request a hearing on the proposed penalty, if the Secretary of Homeland Security receives the request not later than 30 days after the date on which the person receives notice.
(4)Compromise and setoff.—
(A) The Secretary of Homeland Security may compromise the amount of a civil penalty imposed under this subsection.
(B) The Government may deduct the amount of a civil penalty imposed or compromised under this subsection from amounts it owes the person liable for the penalty.
(5)Investigations and proceedings.—Chapter 461 shall apply to investigations and proceedings brought under this subsection to the same extent that it applies to investigations and proceedings brought with respect to aviation security duties designated to be carried out by the Secretary of Homeland Security.
(6)Definitions.—In this subsection:
(A)Person.—The term “person” does not include—
(i) the United States Postal Service; or
(ii) the Department of Defense.
(B)Small business concern.—The term “small business concern” has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
(7)Enforcement transparency.—
(A)In general.—The Secretary of Homeland Security shall—
(i) provide an annual summary to the public of all enforcement actions taken by the Secretary under this subsection; and
(ii) include in each such summary the docket number of each enforcement action, the type of alleged violation, the penalty or penalties proposed, and the final assessment amount of each penalty.
(B)Electronic availability.—Each summary under this paragraph shall be made available to the public by electronic means.
(C)Relationship to the freedom of information act and the privacy act.—Nothing in this subsection shall be construed to require disclosure of information or records that are exempt from disclosure under sections 552 or 552a of title 5.
(v)Authorization of Appropriations.—There are authorized to be appropriated to the Transportation Security Administration for salaries, operations, and maintenance of the Administration—
(1) $7,849,247,000 for fiscal year 2019;
(2) $7,888,494,000 for fiscal year 2020; and
(3) $7,917,936,000 for fiscal year 2021.
(w)Leadership and Organization.—
(1)In general.—For each of the areas described in paragraph (2), the Administrator of the Transportation Security Administration shall appoint at least 1 individual who shall—
(A) report directly to the Administrator or the Administrator’s designated direct report; and
(B) be responsible and accountable for that area.
(2)Areas described.—The areas described in this paragraph are as follows:
(A) Aviation security operations and training, including risk-based, adaptive security—
(i) focused on airport checkpoint and baggage screening operations;
(ii) workforce training and development programs; and
(iii) ensuring compliance with aviation security law, including regulations, and other specialized programs designed to secure air transportation.
(B) Surface transportation security operations and training, including risk-based, adaptive security—
(i) focused on accomplishing security systems assessments;
(ii) reviewing and prioritizing projects for appropriated surface transportation security grants;
(iii) operator compliance with surface transportation security law, including regulations, and voluntary industry standards; and
(iv) workforce training and development programs, and other specialized programs designed to secure surface transportation.
(C) Transportation industry engagement and planning, including the development, interpretation, promotion, and oversight of a unified effort regarding risk-based, risk-reducing security policies and plans (including strategic planning for future contingencies and security challenges) between government and transportation stakeholders, including airports, domestic and international airlines, general aviation, air cargo, mass transit and passenger rail, freight rail, pipeline, highway and motor carriers, and maritime.
(D) International strategy and operations, including agency efforts to work with international partners to secure the global transportation network.
(E) Trusted and registered traveler programs, including the management and marketing of the agency’s trusted traveler initiatives, including the PreCheck Program, and coordination with trusted traveler programs of other Department of Homeland Security agencies and the private sector.
(F) Technology acquisition and deployment, including the oversight, development, testing, evaluation, acquisition, deployment, and maintenance of security technology and other acquisition programs.
(G) Inspection and compliance, including the integrity, efficiency and effectiveness of the agency’s workforce, operations, and programs through objective audits, covert testing, inspections, criminal investigations, and regulatory compliance.
(H) Civil rights, liberties, and traveler engagement, including ensuring that agency employees and the traveling public are treated in a fair and lawful manner consistent with Federal laws and regulations protecting privacy and prohibiting discrimination and reprisal.
(I) Legislative and public affairs, including communication and engagement with internal and external audiences in a timely, accurate, and transparent manner, and development and implementation of strategies within the agency to achieve congressional approval or authorization of agency programs and policies.
(3)Notification.—The Administrator shall submit to the appropriate committees of Congress—
(A) not later than 180 days after the date of enactment of the TSA Modernization Act, a list of the names of the individuals appointed under paragraph (1); and
(B) an update of the list not later than 5 days after any new individual is appointed under paragraph (1).
(x)Transportation Security Preparedness Plan.—
(1)In general.—Not later than two years after the date of the enactment of this subsection, the Secretary of Homeland Security, acting through the Administrator, in coordination with the Chief Medical Officer of the Department of Homeland Security, and in consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), shall develop a transportation security preparedness plan to address the event of a communicable disease outbreak. The Secretary, acting through the Administrator, shall ensure such plan aligns with relevant Federal plans and strategies for communicable disease outbreaks.
(2)Considerations.—In developing the plan required under paragraph (1), the Secretary, acting through the Administrator, shall consider each of the following:
(A) The findings of the survey required under section 6411 of the National Defense Authorization Act for Fiscal Year 2022.
(B) The findings of the analysis required under section 6414 of the National Defense Authorization Act for Fiscal Year 2022.
(C) The plan required under section 6415 of the National Defense Authorization Act for Fiscal Year 2022.
(D) All relevant reports and recommendations regarding the Administration’s response to the COVID–19 pandemic, including any reports and recommendations issued by the Comptroller General and the Inspector General of the Department of Homeland Security.
(E) Lessons learned from Federal interagency efforts during the COVID–19 pandemic.
(3)Contents of plan.—The plan developed under paragraph (1) shall include each of the following:
(A) Plans for communicating and collaborating in the event of a communicable disease outbreak with the following partners:
(i) Appropriate Federal departments and agencies, including the Department of Health and Human Services, the Centers for Disease Control and Prevention, the Department of Transportation, the Department of Labor, and appropriate interagency task forces.
(ii) The workforce of the Administration, including through the labor organization certified as the exclusive representative of full- and part-time non-supervisory Administration personnel carrying out screening functions under section 44901 of this title.
(iii) International partners, including the International Civil Aviation Organization and foreign governments, airports, and air carriers.
(iv) Public and private stakeholders, as such term is defined under subsection (t)(1)(C).
(v) The traveling public.
(B) Plans for protecting the safety of the Transportation Security Administration workforce, including—
(i) reducing the risk of communicable disease transmission at screening checkpoints and within the Administration’s workforce related to the Administration’s transportation security operations and mission;
(ii) ensuring the safety and hygiene of screening checkpoints and other workstations;
(iii) supporting equitable and appropriate access to relevant vaccines, prescriptions, and other medical care; and
(iv) tracking rates of employee illness, recovery, and death.
(C) Criteria for determining the conditions that may warrant the integration of additional actions in the aviation screening system in response to the communicable disease outbreak and a range of potential roles and responsibilities that align with such conditions.
(D) Contingency plans for temporarily adjusting checkpoint operations to provide for passenger and employee safety while maintaining security during the communicable disease outbreak.
(E) Provisions setting forth criteria for establishing an interagency task force or other standing engagement platform with other appropriate Federal departments and agencies, including the Department of Health and Human Services and the Department of Transportation, to address such communicable disease outbreak.
(F) A description of scenarios in which the Administrator should consider exercising authorities provided under subsection (g) and for what purposes.
(G) Considerations for assessing the appropriateness of issuing security directives and emergency amendments to regulated parties in various modes of transportation, including surface transportation, and plans for ensuring compliance with such measures.
(H) A description of any potential obstacles, including funding constraints and limitations to authorities, that could restrict the ability of the Administration to respond appropriately to a communicable disease outbreak.
(4)Dissemination.—Upon development of the plan required under paragraph (1), the Administrator shall disseminate the plan to the partners identified under paragraph (3)(A) and to the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and Transportation of the Senate.
(5)Review of plan.—Not later than two years after the date on which the plan is disseminated under paragraph (4), and biennially thereafter, the Secretary, acting through the Administrator and in coordination with the Chief Medical Officer of the Department of Homeland Security, shall review the plan and, after consultation with the partners identified under paragraphs (3)(A)(i) through (3)(A)(iv), update the plan as appropriate.
(Added Pub. L. 107–71, title I, § 101(a), Nov. 19, 2001, 115 Stat. 597; amended Pub. L. 107–296, title XVI, § 1601(b), title XVII, § 1707, Nov. 25, 2002, 116 Stat. 2312, 2318; Pub. L. 108–7, div. I, title III, § 351(d), Feb. 20, 2003, 117 Stat. 420; Pub. L. 108–458, title IV, § 4001(a), Dec. 17, 2004, 118 Stat. 3710; Pub. L. 110–53, title XII, §§ 1202, 1203(a), title XIII, § 1302(a), title XV, § 1503(a), Aug. 3, 2007, 121 Stat. 381, 383, 390, 425; Pub. L. 110–161, div. E, title V, § 568(a), Dec. 26, 2007, 121 Stat. 2092; Pub. L. 111–83, title V, § 561(c)(1), Oct. 28, 2009, 123 Stat. 2182; Pub. L. 114–301, § 2(d), Dec. 16, 2016, 130 Stat. 1514; Pub. L. 115–254, div. K, title I, §§ 1903, 1904(a), (b)(1), 1905, 1909, 1988(c), Oct. 5, 2018, 132 Stat. 3543, 3544, 3546, 3549, 3623; Pub. L. 117–81, div. F, title LXIV, § 6412(a), Dec. 27, 2021, 135 Stat. 2409; Pub. L. 117–286, § 4(b)(95), Dec. 27, 2022, 136 Stat. 4353.)

CITE AS: 49 USC 114

§ 115. Transportation Security Oversight Board
(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 Secretary’s designee.
(B) The Secretary of Transportation, or the Secretary’s designee.
(C) The Attorney General, or the Attorney General’s designee.
(D) The Secretary of Defense, or the Secretary’s designee.
(E) The Secretary of the Treasury, or the Secretary’s designee.
(F) The Director of National Intelligence, or the Director’s 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,1
1 So in original. The word “information” probably should be inserted.
sensitive security information, or information protected in accordance with section 40119(b),2
2 See References in Text note below.
will be discussed.
(Added Pub. L. 107–71, title I, § 102(a), Nov. 19, 2001, 115 Stat. 604; amended Pub. L. 107–296, title IV, § 426(a), Nov. 25, 2002, 116 Stat. 2186; Pub. L. 111–259, title IV, § 411, Oct. 7, 2010, 124 Stat. 2725; Pub. L. 115–254, div. K, title I, § 1991(b), Oct. 5, 2018, 132 Stat. 3626.)

CITE AS: 49 USC 115

§ 116. National Surface Transportation and Innovative Finance Bureau
(a)Establishment.—The Secretary of Transportation shall establish a National Surface Transportation and Innovative Finance Bureau in the Department.
(b)Purposes.—The purposes of the Bureau shall be—
(1) to provide assistance and communicate best practices and financing and funding opportunities to eligible entities for the programs referred to in subsection (d)(1);
(2) to administer the application processes for programs within the Department in accordance with subsection (d);
(3) to promote innovative financing best practices in accordance with subsection (e);
(4) to reduce uncertainty and delays with respect to environmental reviews and permitting in accordance with subsection (f); and
(5) to reduce costs and risks to taxpayers in project delivery and procurement in accordance with subsection (g).
(c)Executive Director.—
(1)Appointment.—The Bureau shall be headed by an Executive Director, who shall be appointed in the competitive service by the Secretary, with the approval of the President.
(2)Duties.—The Executive Director shall—
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Bureau;
(C) support the Council on Credit and Finance established under section 117 in accordance with this section; and
(D) carry out such additional duties as the Secretary may prescribe.
(d)Administration of Certain Application Processes.—
(1)In general.—The Bureau shall administer the application processes for the following programs:
(A) The infrastructure finance programs authorized under chapter 6 of title 23.
(B) The railroad rehabilitation and improvement financing program authorized under sections 22401 through 22403.
(C) Amount allocations authorized under section 142(m) of the Internal Revenue Code of 1986.
(D) The Rural and Tribal Assistance Pilot Program established under section 21205(b)(1) of the Surface Transportation Investment Act of 2021.
(2)Congressional notification.—The Executive Director shall ensure that the congressional notification requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
(3)Reports.—The Executive Director shall ensure that the reporting requirements for each program referred to in paragraph (1) are followed in accordance with the statutory provisions applicable to the program.
(4)Coordination.—In administering the application processes for the programs referred to in paragraph (1), the Executive Director shall coordinate with appropriate officials in the Department and its modal administrations responsible for administering such programs.
(5)Streamlining approval processes.—Not later than 1 year after the date of enactment of this section, the Executive Director shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Environment and Public Works of the Senate a report that—
(A) evaluates the application processes for the programs referred to in paragraph (1);
(B) identifies administrative and legislative actions that would improve the efficiency of the application processes without diminishing Federal oversight; and
(C) describes how the Executive Director will implement administrative actions identified under subparagraph (B) that do not require an Act of Congress.
(6)Procedures and transparency.—
(A)Procedures.—With respect to the programs referred to in paragraph (1), the Executive Director shall—
(i) establish procedures for analyzing and evaluating applications and for utilizing the recommendations of the Council on Credit and Finance;
(ii) establish procedures for addressing late-arriving applications, as applicable, and communicating the Bureau’s decisions for accepting or rejecting late applications to the applicant and the public; and
(iii) document major decisions in the application evaluation process through a decision memorandum or similar mechanism that provides a clear rationale for such decisions.
(B)Review.—
(i)In general.—The Comptroller General of the United States shall review the compliance of the Executive Director with the requirements of this paragraph.
(ii)Recommendations.—The Comptroller General may make recommendations to the Executive Director in order to improve compliance with the requirements of this paragraph.
(iii)Report.—Not later than 3 years after the date of enactment of this section, the Comptroller General shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the review conducted under clause (i), including findings and recommendations for improvement.
(e)Innovative Financing Best Practices.—
(1)In general.—The Bureau shall work with the modal administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative financing and public-private partnerships.
(2)Activities.—The Bureau shall carry out paragraph (1)—
(A) by making Federal credit assistance programs more accessible to eligible recipients;
(B) by providing advice and expertise to eligible entities that seek to leverage public and private funding;
(C) by sharing innovative financing best practices and case studies from eligible entities with other eligible entities that are interested in utilizing innovative financing methods; and
(D) by developing and monitoring—
(i) best practices with respect to standardized State public-private partnership authorities and practices, including best practices related to—(I) accurate and reliable assumptions for analyzing public-private partnership procurements;(II) procedures for the handling of unsolicited bids;(III) policies with respect to noncompete clauses; and(IV) other significant terms of public-private partnership procurements, as determined appropriate by the Bureau;
(ii) standard contracts for the most common types of public-private partnerships for transportation facilities; and
(iii) analytical tools and other techniques to aid eligible entities in determining the appropriate project delivery model, including a value for money analysis.
(3)Transparency.—The Bureau shall—
(A) ensure the transparency of a project receiving credit assistance under a program referred to in subsection (d)(1) and procured as a public-private partnership by—
(i) requiring the sponsor of the project to undergo a value for money analysis or a comparable analysis prior to deciding to advance the project as a public-private partnership;
(ii) requiring the analysis required under subparagraph (A), and other key terms of the relevant public-private partnership agreement, to be made publicly available by the project sponsor at an appropriate time;
(iii) not later than 3 years after the date of completion of the project, requiring the sponsor of the project to conduct a review regarding whether the private partner is meeting the terms of the relevant public-private partnership agreement; and
(iv) providing a publicly available summary of the total level of Federal assistance in such project; and
(B) develop guidance to implement this paragraph that takes into consideration variations in State and local laws and requirements related to public-private partnerships.
(4)Support to project sponsors.—At the request of an eligible entity, the Bureau shall provide technical assistance to the eligible entity regarding proposed public-private partnership agreements for transportation facilities, including assistance in performing a value for money analysis or comparable analysis.
(f)Environmental Review and Permitting.—
(1)In general.—The Bureau shall take actions that are appropriate and consistent with the Department’s goals and policies to improve the delivery timelines for projects carried out under the programs referred to in subsection (d)(1).
(2)Activities.—The Bureau shall carry out paragraph (1)—
(A) by coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(B) by providing technical assistance and training to field and headquarters staff of Federal agencies on policy changes and innovative approaches to the delivery of projects; and
(C) by identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969.
(3)Support to project sponsors.—At the request of an eligible entity that is carrying out a project under a program referred to in subsection (d)(1), the Bureau, in coordination with the appropriate modal administrations within the Department, shall provide technical assistance with regard to the compliance of the project with the requirements of the National Environmental Policy Act 1969 and relevant Federal environmental permits.
(g)Project Procurement.—
(1)In general.—The Bureau shall promote best practices in procurement for a project receiving assistance under a program referred to in subsection (d)(1) by developing, in coordination with modal administrations within the Department as appropriate, procurement benchmarks in order to ensure accountable expenditure of Federal assistance over the life cycle of the project.
(2)Procurement benchmarks.—To the maximum extent practicable, the procurement benchmarks developed under paragraph (1) shall—
(A) establish maximum thresholds for acceptable project cost increases and delays in project delivery;
(B) establish uniform methods for States to measure cost and delivery changes over the life cycle of a project; and
(C) be tailored, as necessary, to various types of project procurements, including design-bid-build, design-build, and public-private partnerships.
(3)Data collection.—The Bureau shall—
(A) collect information related to procurement benchmarks developed under paragraph (1), including project specific information detailed under paragraph (2); and
(B) provide on a publicly accessible Internet Web site of the Department a report on the information collected under subparagraph (A).
(h)Elimination and Consolidation of Duplicative Offices.—
(1)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 Bureau; and
(B) the elimination of the office does not adversely affect the obligations of the Secretary under any Federal law.
(2)Consolidation of offices and office functions.—The Secretary may consolidate any office or office function within the Department into the Bureau that the Secretary determines has duties, responsibilities, resources, or expertise that support the purposes of the Bureau.
(3)Staffing and budgetary resources.—
(A)In general.—The Secretary shall ensure that the Bureau is adequately staffed and funded.
(B)Staffing.—The Secretary may transfer to the Bureau a position within the Department from any office that is eliminated or consolidated under this subsection if the Secretary determines that the position is necessary to carry out the purposes of the Bureau.
(C)Savings provision.—If the Secretary transfers a position to the Bureau under subparagraph (B), the Secretary, in coordination with the appropriate modal administration, shall ensure that the transfer of the position does not adversely affect the obligations of the modal administration under any Federal law.
(D)Budgetary resources.—
(i)Transfer of funds from eliminated or consolidated offices.—The Secretary may transfer to the Bureau funds allocated to any office or office function that is eliminated or consolidated under this subsection to carry out the purposes of the Bureau. Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.
(ii)Transfer of funds allocated to administrative costs.—The Secretary may transfer to the Bureau funds allocated to the administrative costs of processing applications for the programs referred to in subsection (d)(1). Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.
(4)Notification.—Not later than 90 days after the date of enactment of this section, and every 90 days thereafter, the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works, the Committee on Banking, Housing, and Urban Affairs, and the Committee on Commerce, Science, and Transportation of the Senate of—
(A) the offices eliminated under paragraph (1) and the rationale for elimination of the offices;
(B) the offices and office functions consolidated under paragraph (2) and the rationale for consolidation of the offices and office functions;
(C) the actions taken under paragraph (3) and the rationale for taking such actions; and
(D) any additional legislative actions that may be needed.
(i)Savings Provisions.—
(1)Laws and regulations.—Nothing in this section may be construed to change a law or regulation with respect to a program referred to in subsection (d)(1).
(2)Responsibilities.—Nothing in this section may be construed to abrogate the responsibilities of an agency, operating administration, or office within the Department otherwise charged by a law or regulation with other aspects of program administration, oversight, or project approval or implementation for the programs and projects subject to this section.
(3)Applicability.—Nothing in this section may be construed to affect any pending application under 1 or more of the programs referred to in subsection (d)(1) that was received by the Secretary on or before the date of enactment of this section.
(j)Definitions.—In this section, the following definitions apply:
(1)Bureau.—The term “Bureau” means the National Surface Transportation and Innovative Finance Bureau of the Department.
(2)Department.—The term “Department” means the Department of Transportation.
(3)Eligible entity.—The term “eligible entity” means an eligible applicant receiving financial or credit assistance under 1 or more of the programs referred to in subsection (d)(1).
(4)Executive director.—The term “Executive Director” means the Executive Director of the Bureau.
(5)Multimodal project.—The term “multimodal project” means a project involving the participation of more than 1 modal administration or secretarial office within the Department.
(6)Project.—The term “project” means a highway project, public transportation capital project, freight or passenger rail project, or multimodal project.
(Added Pub. L. 114–94, div. A, title IX, § 9001(a), Dec. 4, 2015, 129 Stat. 1612; amended Pub. L. 115–56, div. D, § 164(a), as added Pub. L. 115–123, div. B, § 20101(2), Feb. 9, 2018, 132 Stat. 121; Pub. L. 117–58, div. B, title I, §§ 21101(d)(4), 21205(i), 21301(j)(4)(A), title V, § 25009(b), Nov. 15, 2021, 135 Stat. 657, 682, 692, 854.)

CITE AS: 49 USC 116

§ 117. Council on Credit and Finance
(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. 114–94, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)

CITE AS: 49 USC 117

§ 118. Office of Multimodal Freight Infrastructure and Policy
(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. 117–58, div. B, title I, § 21101(a), Nov. 15, 2021, 135 Stat. 652.)

CITE AS: 49 USC 118

§ 119. Advanced Research Projects Agency–Infrastructure
(a)Definitions.—In this section:
(1)ARPA–I.— The term “ARPA–I” means the Advanced Research Projects Agency–Infrastructure established by subsection (b).
(2)Department.—The term “Department” means the Department of Transportation.
(3)Director.—The term “Director” means the Director of ARPA–I 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 Agency–Infrastructure”, 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 ARPA–I 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.—ARPA–I 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.—ARPA–I 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 ARPA–I;
(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 ARPA–I 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 ARPA–I a staff with sufficient qualifications and expertise to enable ARPA–I 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 ARPA–I.
(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 ARPA–I;
(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 ARPA–I;
(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 ARPA–I, 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 ARPA–I 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 ARPA–I 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 ARPA–I 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 ARPA–I.
(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 ARPA–I;
(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 ARPA–I.
(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 ARPA–I; 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 ARPA–I.
(m)Advice.—
(1)Advisory committees.—The Director may seek advice regarding any aspect of ARPA–I 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 ARPA–I by providing advice and assistance regarding—
(i) specific program tasks; or
(ii) the overall direction of ARPA–I.
(2)Additional sources.—In carrying out this section, the Director may seek advice and review from—
(A) the President’s Council of Advisors on Science and Technology;
(B) the Advanced Research Projects Agency–Energy; and
(C) any professional or scientific organization with expertise relating to specific processes or technologies under development by ARPA–I.
(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 ARPA–I of the goals described in subsection (c)(1).
(2)Inclusions.—The evaluation under paragraph (1) may include—
(A) a recommendation regarding whether ARPA–I should be continued;
(B) a recommendation regarding whether ARPA–I, 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 ARPA–I; 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 ARPA–I 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 ARPA–I shall be separate from the budget request of the remainder of the Department.
(B)Appropriations.—The funding appropriated for ARPA–I 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. 117–58, div. B, title V, § 25012(a), Nov. 15, 2021, 135 Stat. 859.)

CITE AS: 49 USC 119