§ 301. Leadership, consultation, and cooperation

§ 301. Leadership, consultation, and cooperation

(1) under the direction of the President, exercise leadership in transportation matters, including those matters affecting national defense and those matters involving national or regional emergencies;

(2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration and implementation;

(3) coordinate Federal policy on intermodal transportation and initiate policies to promote efficient intermodal transportation in the United States;

(4) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation;

(5) consult and cooperate with the Secretary of Labor in compiling information regarding the status of labor-management contracts and other labor-management problems and in promoting industrial harmony and stable employment conditions in all modes of transportation;

(6) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise, and including basic highway vehicle science;

(7) consult with the heads of other departments, agencies, and instrumentalities of the United States Government on the transportation requirements of the Government, including encouraging them to establish and observe policies consistent with maintaining a coordinated transportation system in procuring transportation or in operating their own transport services;

(8) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings; and

(9) develop and coordinate Federal policy on financing transportation infrastructure, including the provision of direct Federal credit assistance and other techniques used to leverage Federal transportation funds.

(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102–240, title V, § 5002(a), title VI, § 6017, Dec. 18, 1991, 105 Stat. 2158, 2183; Pub. L. 105–178, title I, § 1504, June 9, 1998, 112 Stat. 251.)

In the introductory clause before “shall”, the words “in carrying out the purposes of this chapter . . . among his responsibilities” are omitted as surplus.

In clause (4), the word “compiling” is substituted for “gathering” for consistency.

Editorial Notes

Amendments

1998—Par. (9). Pub. L. 105–178 added par. (9).

1991—Pars. (3) to (5). Pub. L. 102–240, § 5002(a), added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively. Former par. (5) redesignated (6).

Par. (6). Pub. L. 102–240, §§ 5002(a), 6017, redesignated par. (5) as (6) and inserted “, and including basic highway vehicle science”. Former par. (6) redesignated (7).

Pars. (7), (8). Pub. L. 102–240, § 5002(a), redesignated pars. (6) and (7) as (7) and (8), respectively.

Statutory Notes and Related Subsidiaries

Geomatic Data

Pub. L. 117–58, div. A, title I, § 11308, Nov. 15, 2021, 135 Stat. 534, provided that: “(a) In General.—The Secretary [of Transportation] shall develop guidance for the acceptance and use of information obtained from a non-Federal entity through geomatic techniques, including remote sensing and land surveying, cartography, geographic information systems, global navigation satellite systems, photogrammetry, or other remote means. “(b) Considerations.—In carrying out this section, the Secretary shall ensure that acceptance or use of information described in subsection (a) meets the data quality and operational requirements of the Secretary. “(c) Public Comment.—Before issuing any final guidance under subsection (a), the Secretary shall provide to the public—“(1) notice of the proposed guidance; and “(2) an opportunity to comment on the proposed guidance. “(d) Savings Clause.—Nothing in this section—“(1) requires the Secretary to accept or use information that the Secretary determines does not meet the guidance developed under this section; or “(2) changes the current statutory or regulatory requirements of the Department [of Transportation].”

Risk and System Resilience

Pub. L. 117–58, div. B, title V, § 25007, Nov. 15, 2021, 135 Stat. 849, provided that: “(a) In General.—The Secretary [of Transportation], in consultation with appropriate Federal, State, and local agencies, shall develop a process for quantifying annual risk in order to increase system resilience with respect to the surface transportation system of the United States by measuring—“(1) resilience to threat probabilities by type of hazard and geographical location; “(2) resilience to asset vulnerabilities with respect to each applicable threat; and “(3) anticipated consequences from each applicable threat to each asset. “(b) Use by State, Regional, Tribal, and Local Entities.—“(1) In general.—The Secretary shall provide the process developed under subsection (a) to State departments of transportation, metropolitan planning organizations, Indian Tribes, local governments, and other relevant entities. “(2) Guidance and technical assistance.—The Secretary shall provide to the entities described in paragraph (1) guidance and technical assistance on the use of the process referred to in that paragraph. “(c) Research.—“(1) In general.—The Secretary shall—“(A) identify and support fundamental research to develop a framework and quantitative models to support compilation of information for risk-based analysis of transportation assets by standardizing the basis for quantifying annual risk and increasing system resilience; and “(B) build on existing resilience research, including studies conducted by—“(i) the Transportation Research Board of the National Academies of Sciences, Engineering, and Medicine; and “(ii) the National Institute of Standards and Technology. “(2) Use of existing facilities.—In carrying out paragraph (1), the Secretary shall use existing research facilities available to the Secretary, including the Turner–Fairbank Highway Research Center and University Transportation Centers established under section 5505 of title 49, United States Code.”

Safety Data Initiative

Pub. L. 117–58, div. B, title V, § 25011, Nov. 15, 2021, 135 Stat. 857, provided that: “(a) Definition of Eligible Entity.—In this section, the term ‘eligible entity’ means—“(1) a State; “(2) a unit of local government; “(3) a transit agency or authority; “(4) a metropolitan planning organization; “(5) any other subdivision of a State or local government; “(6) an institution of higher education; and “(7) a multi-State or multijurisdictional group. “(b) Safety Data Initiative.—“(1) Establishment.—The Secretary [of Transportation] shall establish an initiative, to be known as the ‘Safety Data Initiative’, to promote the use of data integration, data visualization, and advanced analytics for surface transportation safety through the development of innovative practices and products for use by Federal, State, and local entities. “(2) Activities.—“(A) Applied research.—“(i) In general.—The Secretary shall support and carry out applied research to develop practices and products that will encourage the integration and use of traditional and new sources of safety data and safety information to improve policy and decisionmaking at the Federal, State, and local government levels. “(ii) Methodology.—In carrying out clause (i), the Secretary may— “(I) carry out demonstration programs; “(II) award grants and provide incentives to eligible entities; “(III) enter into partnerships with—“(aa) eligible entities; “(bb) private sector entities; and “(cc) National Laboratories; and “(IV) use any other tools, strategies, or methods that will result in the effective use of data and information for safety purposes. “(B) Tools and practices.—In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall—“(i) develop safety analysis tools for State and local governments, with a particular focus on State and local governments with limited capacity to perform safety analysis; “(ii)(I) identify innovative State and local government practices; “(II) incubate those practices for further development; and “(III) replicate those practices nationwide; and “(iii) transfer to State and local governments the results of the applied research carried out under that subparagraph. “(C) Data sharing.—“(i) In general.—To inform the creation of information useful for safety policy and decisionmaking, the Secretary shall— “(I) encourage the sharing of data between and among Federal, State, and local transportation agencies; and “(II) leverage data from private sector entities. “(ii) Goals.—The goals of the data-sharing activities under clause (i) shall include— “(I) the creation of data ecosystems to reduce barriers to the efficient integration and analysis of relevant datasets for use by safety professionals; and “(II) the establishment of procedures adequate to ensure sufficient security, privacy, and confidentiality as needed to promote the sharing of sensitive or proprietary data. “(iii) Management of data ecosystems.—A data ecosystem described in clause (ii)(I) may be managed by— “(I) the Director of the Bureau of Transportation Statistics; “(II) 1 or more trusted third parties, as determined by the Secretary; or “(III) 1 or more other entities or partnerships capable of securing, managing, and analyzing sensitive or proprietary data. “(3) Plan.—“(A) In general.—The Safety Data Initiative shall be carried out pursuant to a plan to be jointly established by—“(i) the Under Secretary of Transportation for Policy; “(ii) the Chief Information Officer of the Department [of Transportation]; “(iii) the Administrator of the National Highway Traffic Safety Administration; “(iv) the Administrator of the Federal Highway Administration; “(v) the Administrator of the Federal Motor Carrier Safety Administration; “(vi) the Administrator of the Federal Transit Administration; and “(vii) the Administrator of the Federal Railroad Administration. “(B) Requirement.—The plan established under subparagraph (A) shall include details regarding the means by which tools and innovations developed by projects carried out under the Safety Data Initiative will be transferred to the appropriate program of the Department for further implementation. “(C) Deadline.—Not later than 1 year after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall direct the officials described in clauses (i) through (vii) of subparagraph (A) to establish, by a date determined by the Secretary, the plan referred to in that subparagraph. “(4) Termination.—The Safety Data Initiative shall terminate on the later of—“(A) the date that is 1 year after the date of enactment of this Act; and “(B) the date on which the Secretary makes the direction to officials described in paragraph (3)(C).”

GAO Cybersecurity Recommendations

Pub. L. 117–58, div. B, title V, § 25022, Nov. 15, 2021, 135 Stat. 878, provided that: “(a) Cybersecurity Risk Management.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary [of Transportation] shall implement the recommendation for the Department [of Transportation] made by the Comptroller General of the United States in the report entitled ‘Cybersecurity: Agencies Need to Fully Establish Risk Management Programs and Address Challenges’, numbered GAO–19–384, and dated July 2019—“(1) by developing a cybersecurity risk management strategy for the systems and information of the Department [of Transportation]; “(2) by updating policies to address an organization-wide risk assessment; and “(3) by updating the processes for coordination between cybersecurity risk management functions and enterprise risk management functions. “(b) Work Roles.—Not later than 3 years after the date of enactment of this Act [Nov. 15, 2021], the Secretary shall implement the recommendation of the Comptroller General of the United States in the report entitled ‘Cybersecurity Workforce: Agencies Need to Accurately Categorize Positions to Effectively Identify Critical Staffing Needs’, numbered GAO–19–144, and dated March 2019, by—“(1) reviewing positions in the Department; and “(2) assigning appropriate work roles in accordance with the National Initiative for Cybersecurity Education Cybersecurity Workforce Framework. “(c) GAO Review.—“(1) Report.—Not later than 18 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that examines the approach of the Department to managing cybersecurity for the systems and information of the Department. “(2) Contents.—The report under paragraph (1) shall include an evaluation of—“(A) the roles, responsibilities, and reporting relationships of the senior officials of the Department with respect to cybersecurity at the components of the Department; “(B) the extent to which officials of the Department—“(i) establish requirements for, share information with, provide resources to, and monitor the performance of managers with respect to cybersecurity within the components of the Department; and “(ii) hold managers accountable for cybersecurity within the components of the Department; and “(C) other aspects of cybersecurity, as the Comptroller General of the United States determines to be appropriate.”

Performance Measurement, Transparency, and Accountability

Pub. L. 117–58, div. B, title VII, § 27001, Nov. 15, 2021, 135 Stat. 884, provided that: “For each grant awarded under this Act [div. B of Pub. L. 117–58, see Tables for classification], or an amendment made by this Act, the Secretary may— “(1) develop metrics to assess the effectiveness of the activities funded by the grant; “(2) establish standards for the performance of the activities funded by the grant that are based on the metrics developed under paragraph (1); and “(3) not later than the date that is 4 years after the date of the initial award of the grant and every 2 years thereafter until the date on which Federal financial assistance is discontinued for the applicable activity, conduct an assessment of the activity funded by the grant to confirm whether the performance is meeting the standards for performance established under paragraph (2).”

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