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23 U.S.C. § 401 — Authority of the Secretary
Federal law — U.S. Code and appendices · legal_authorities
The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 401
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Stable record: federal_law:legal_authorities:record_usc_36062c8ea89c9bb35fde5375
Source file: Laws/federal/codes/united-states-code/title-23/section-401-authority-of-the-secretary--5fb3d3680b.md
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Source location: Title 23, Chapter 4, § 401; chapter-004-highway-safety.md
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The Secretary is authorized and directed to assist and cooperate with other Federal departments and agencies, State and local governments, private industry, and other interested parties, to increase highway safety. For the purposes of this chapter, the term “State” means any one of the fifty States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any other provision of law, reports, surveys, schedules, lists, or data compiled or collected for the purpose of identifying, evaluating, or planning the safety enhancement of potential accident sites, hazardous roadway conditions, or railway-highway crossings, pursuant to sections 130, 144, and 148 of this title or for the purpose of developing any highway safety construction improvement project which may be implemented utilizing Federal-aid highway funds shall not be subject to discovery or admitted into evidence in a Federal or State court proceeding or considered for other purposes in any action for damages arising from any occurrence at a location mentioned or addressed in such reports, surveys, schedules, lists, or data.
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 407
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Interstate System Projects.—**
(1) **In general.—** — Except as otherwise provided in this chapter, the Federal share payable on account of any project on the Interstate System (including a project to add high occupancy vehicle lanes and a project to add auxiliary lanes but excluding a project to add any other lanes) shall be 90 percent of the total cost thereof, plus a percentage of the remaining 10 percent of such cost in any State containing unappropriated and unreserved public lands and nontaxable Indian lands, individual and tribal, exceeding 5 percent of the total area of all lands therein, equal to the percentage that the area of such lands in such State is of its total area; except that such Federal share payable on any project in any State shall not exceed 95 percent of the total cost of such project.
(2) **State-determined lower federal share.—** — In the case of any project subject to paragraph (1), a State may determine a lower Federal share than the Federal share determined under such paragraph.
**(b) Other Projects.—** Except as otherwise provided in this title, the Federal share payable on account of any project or activity carried out under this title (other than a project subject to subsection (a)) shall be—
(1) 80 percent of the cost thereof, except that in the case of any State containing nontaxable Indian lands, individual and tribal, and public domain lands (both reserved and unreserved) exclusive of national forests and national parks and monuments, exceeding 5 percent of the total area of all lands therein, the Federal share, for purposes of this chapter, shall be increased by a percentage of the remaining cost equal to the percentage that the area of all such lands in such State, is of its total area; or
(2) 80 percent of the cost ther
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 120
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Program Required.—**
(1) **In general.—** — Each State shall have in effect a highway safety program that—
(i) is designed to reduce—
(I) traffic crashes; and
(II) deaths, injuries, and property damage resulting from those crashes;
(ii) includes—
(I) an approved, current, triennial highway safety plan in accordance with subsection (k); and
(II) an approved grant application under subsection (l) for the fiscal year;
(iii) demonstrates compliance with the applicable administrative requirements of subsection (b)(1); and
(iv) is approved by the Secretary.
(2) **Uniform guidelines.—** — Programs required under paragraph (1) shall comply with uniform guidelines, promulgated by the Secretary and expressed in terms of performance criteria, that—
(A) include programs—
(i) to reduce injuries and deaths resulting from motor vehicles being driven in excess of posted speed limits;
(ii) to encourage the proper use of safety belts by occupants of motor vehicles;
(iii) to encourage more widespread and proper use of child restraints, with an emphasis on underserved populations;
(iv) to reduce injuries and deaths resulting from persons driving motor vehicles while impaired by alcohol or a controlled substance;
(v) to prevent crashes and reduce injuries and deaths resulting from crashes involving motor vehicles and motorcycles;
(vi) to reduce injuries and deaths resulting from crashes involving school buses;
(vii) to reduce crashes resulting from unsafe driving behavior (including aggressive or fatigued driving and distracted driving arising from the use of electronic devices in vehicles);
(viii) to improve law enforcement services in motor vehicle crash prevention, traffic supervision, and post-crash proce
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 402
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to section 120 and subsection (b) of this section, the entire cost of construction of projects for the elimination of hazards of railway-highway crossings, including the separation or protection of grades at crossings, the reconstruction of existing railroad grade crossing structures, the relocation of highways to eliminate grade crossings, and projects at grade crossings to eliminate hazards posed by blocked grade crossings due to idling trains, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim). In any case when the elimination of the hazards of a railway-highway crossing can be effected by the relocation of a portion of a railway at a cost estimated by the Secretary to be less than the cost of such elimination by one of the methods mentioned in the first sentence of this section, then the entire cost of such relocation project, subject to section 120 and subsection (b) of this section, may be paid from sums apportioned in accordance with [section 104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section104&num=0&edition=prelim).
**(b)** The Secretary may classify the various types of projects involved in the elimination of hazards of railway-highway crossings, and may set for each such classification a percentage of the costs of construction which shall be deemed to represent the net benefit to the railroad or railroads for the purpose of determining the railroad’s share of the cost of construction. The percentage so determined shall in no case exceed 10 per centum. The Secretary shall determine the appropriate classification of each project.
**(c)** Any railroad involved in a proje
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 130
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nation-wide, and world-wide wire and radio communication service with adequate facilities at reasonable charges, for the purpose of the national defense, for the purpose of promoting safety of life and property through the use of wire and radio communications, and for the purpose of securing a more effective execution of this policy by centralizing authority heretofore granted by law to several agencies and by granting additional authority with respect to interstate and foreign commerce in wire and radio communication, there is created a commission to be known as the “Federal Communications Commission”, which shall be constituted as hereinafter provided, and which shall execute and enforce the provisions of this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this title, the following definitions apply:
(1) **Apportionment.—** — The term “apportionment” includes unexpended apportionments made under prior authorization laws.
(2) **Asset management.—** — The term “asset management” means a strategic and systematic process of operating, maintaining, and improving physical assets, with a focus on both engineering and economic analysis based upon quality information, to identify a structured sequence of maintenance, preservation, repair, rehabilitation, and replacement actions that will achieve and sustain a desired state of good repair over the lifecycle of the assets at minimum practicable cost.
(3) **Carpool project.—** — The term “carpool project” means any project to encourage the use of carpools and vanpools, including provision of carpooling opportunities to the elderly and individuals with disabilities, systems for locating potential riders and informing them of carpool opportunities, acquiring vehicles for carpool use, designating existing highway lanes as preferential carpool highway lanes, providing related traffic control devices, designating existing facilities for use for preferential parking for carpools, and real-time ridesharing projects, such as projects where drivers, using an electronic transfer of funds, recover costs directly associated with the trip provided through the use of location technology to quantify those direct costs, subject to the condition that the cost recovered does not exceed the cost of the trip provided.
(4) **Construction.—** — The term “construction” means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a highway or any project eligible for assistance under this title, including bon
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 105
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—**
(1) **Program.—** — Each State shall conduct and systematically maintain an engineering survey of all public roads to identify hazardous locations, sections, and elements, including roadside obstacles and unmarked or poorly marked roads, which may constitute a danger to motorists, bicyclists, and pedestrians, assign priorities for the correction of such locations, sections, and elements, and establish and implement a schedule of projects for their improvement.
(2) **Hazards.—** — In carrying out paragraph (1), a State may, at its discretion—
(A) identify, through a survey, hazards to motorists, bicyclists, pedestrians, and users of highway facilities; and
(B) develop and implement projects and programs to address the hazards.
**(b)** The Secretary may approve as a project under this section any safety improvement project, including a project described in subsection (a).
**(c)** Funds authorized to carry out this section shall be available for expenditure on—
(1) any public road;
(2) any public surface transportation facility or any publicly owned bicycle or pedestrian pathway or trail; or
(3) any traffic calming measure.
**(d)** The Federal share payable on account of any project under this section shall be 90 percent of the cost thereof.
**(e)** Funds authorized to be appropriated to carry out this section shall be available for obligation in the same manner and to the same extent as if such funds were apportioned under section 104(b), except that the Secretary is authorized to waive provisions he deems inconsistent with the purposes of this section.
**(f)** Each State shall establish an evaluation process approved by the Secretary, to analyze and assess results achieved by safety improvement projects carried out in accordance with
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 152
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Basic Principles Governing Research and Technology Investments.—**
(1) **Applicability.—** — The research, development, and technology provisions of this section shall apply throughout this chapter.
(2) **Coverage.—** — Surface transportation research and technology development shall include all activities within the innovation lifecycle leading to technology development and transfer, as well as the introduction of new and innovative ideas, practices, and approaches, through such mechanisms as field applications, education and training, communications, impact analysis, and technical support.
(3) **Federal responsibility.—** — Funding and conducting surface transportation research and technology transfer activities shall be considered a basic responsibility of the Federal Government when the work—
(A) is of national significance;
(B) delivers a clear public benefit and occurs where private sector investment is less than optimal;
(C) supports a Federal stewardship role in assuring that State and local governments use national resources efficiently;
(D) meets and addresses current or emerging needs;
(E) addresses current gaps in research;
(F) presents the best means to align resources with multiyear plans and priorities;
(G) ensures the coordination of highway research and technology transfer activities, including through activities performed by university transportation centers;
(H) educates transportation professionals; or
(I) presents the best means to support Federal policy goals compared to other policy alternatives.
(4) **Role.—** — Consistent with these Federal responsibilities, the Secretary shall—
(A) conduct research;
(B) partner with State highway agencies and other stakeholders as appropriate to facilitate research and
Source: Supplied U.S. Code snapshot — release unconfirmed · 23 U.S.C. § 502
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