49 U.S.C. § 312 — Alternative timing system

Page 116 TITLE 49—TRANSPORTATION § 312 1 So in original. The comma probably should not appear. provision of law, the Secretary of Transpor- tation shall provide to the appropriate commit- tees of Congress notice of an announcement con- cerning a covered project at least 3 full business days before the announcement is made by the Department. (b) EMERGENCY PROGRAM.—With respect to an allocation of funds under section 125 of title 23, the Secretary shall provide to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Envi- ronment and Public Works of the Senate notice of the allocation— (1) at least 3 full business days before the issuance of the allocation; or (2) concurrently with the issuance of the al- location, if the allocation is made using the quick release process of the Department (or any successor process). (c) DEFINITIONS.—In this section, the following definitions apply: (1) APPROPRIATE COMMITTEES OF CONGRESS.— The term ‘‘appropriate committees of Con- gress’’ means— (A) the Committee on Transportation and Infrastructure of the House of Representa- tives; and (B) the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Com- mittee on Banking, Housing, and Urban Af- fairs of the Senate. (2) COVERED PROJECT.—The term ‘‘covered project’’ means a project competitively se- lected by the Department to receive a discre- tionary grant award, letter of intent, loan commitment, loan guarantee commitment, or line of credit commitment in an amount equal to or greater than $750,000. (3) DEPARTMENT.—The term ‘‘Department’’ means the Department of Transportation, in- cluding the modal administrations of the De- partment. (Added Pub. L. 114–322, title IV, § 5001(a), Dec. 16, 2016, 130 Stat. 1884.) § 312. Alternative timing system (a) IN GENERAL.—Subject to the availability of appropriations, the Secretary of Transportation shall provide for the establishment, sustainment, and operation of a resilient,1 and reliable alternative timing system— (1) to reduce critical dependencies and pro- vide a complement to and backup for the tim- ing component of the Global Positioning Sys- tem (referred to in this section as ‘‘GPS’’); and (2) to ensure the availability of uncorrupted and non-degraded timing signals for military and civilian users in the event that GPS tim- ing signals are corrupted, degraded, unreli- able, or otherwise unavailable. (b) ESTABLISHMENT OF REQUIREMENTS.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall estab- lish requirements for the procurement of the system required by subsection (a) as a com- plement to and backup for the timing compo- nent of GPS in accordance with the timing re- quirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2595). (2) REQUIREMENTS.—The Secretary of Trans- portation shall ensure, to the maximum ex- tent practicable, that the system established under subsection (a) will— (A) be wireless; (B) be terrestrial; (C) provide wide-area coverage; (D) be synchronized with coordinated uni- versal time; (E) be resilient and extremely difficult to disrupt or degrade; (F) be able to penetrate underground and inside buildings; (G) be capable of deployment to remote lo- cations; (H) be developed, constructed, and oper- ated incorporating applicable private sector expertise; (I) work in concert with and complement any other similar positioning, navigation, and timing systems, including enhanced long-range navigation systems and Nation- wide Differential GPS systems; (J) be available for use by Federal and non-Federal government agencies for public purposes at no net cost to the Federal Gov- ernment within 10 years of initiation of op- eration; (K) be capable of adaptation and expansion to provide position and navigation capabili- ties; (L) incorporate the recommendations from any GPS back-up demonstration program initiated and completed by the Secretary, in coordination with other Federal agencies, before the date specified in subsection (c)(1); and (M) incorporate such other elements as the Secretary considers appropriate. (c) IMPLEMENTATION PLAN.— (1) PLAN REQUIRED.—Not later than 180 days after the date of enactment of the National Timing Resilience and Security Act of 2018, the Secretary of Transportation shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Com- mittee on Transportation and Infrastructure of the House of Representatives a report set- ting forth the following: (A) A plan to develop, construct, and oper- ate the system required by subsection (a). (B) A description and assessment of the ad- vantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing compo- nent of GPS. (2) DEADLINE FOR COMMENCEMENT OF OPER- ATION.—The system required by subsection (a) shall be in operation by not later than 2 years after the date of enactment of the National Timing Resilience and Security Act of 2018. (3) MINIMUM DURATION OF OPERATIONAL CAPA- BILITY.—The system required by subsection (a) Page 117 TITLE 49—TRANSPORTATION § 312 2 So in original. shall be designed to be fully operational for not less than 20 years. (d) LORAN FACILITIES.— (1) IN GENERAL.—If the Secretary of Trans- portation determines that any LORAN infra- structure, including the underlying real prop- erty and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transpor- tation for the purpose of establishing the sys- tem required by subsection (a), the Com- mandant shall transfer such property, spec- trum, and equipment to the Secretary. (2) CERCLA NOT AFFECTED.—This subsection shall not be construed to limit the application of or otherwise affect section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) with respect to the Federal Government facilities described in paragraph (1). (e) COOPERATIVE AGREEMENT.— (1) IN GENERAL.—The Secretary of Transpor- tation may enter into a cooperative agree- ment (as that term is described in section 6305 of title 31) with an entity upon such terms and conditions as the Secretary of Transportation determines will fulfill the purpose and require- ments of this section and be in the public in- terest. (2) REQUIREMENTS.—The cooperative agree- ment under paragraph (1) shall, at a minimum, require the Secretary of Transportation to— (A) authorize the entity to sell timing and other services to commercial and non-com- mercial third parties, subject to any na- tional security requirements determined by the Secretary, in consultation with the Sec- retary of Defense; (B) require the entity to develop, con- struct, and operate at private expense the backup timing system in accordance with this section; (C) allow the entity to make any invest- ments in technologies necessary over the life of such agreement to meet future require- ments for advanced timing resilience and technologies; (D) require the entity to share 25 percent of the gross proceeds received by the entity from the sale of timing services to third par- ties with the Secretary for at least 10 years after the date upon which the Secretary en- ters into the cooperative agreement; (E) require the entity— (i) to assume all financial risk for the completion and operational capability of the system, after the Secretary provides any LORAN facilities necessary for the system under subsection (d), if required for the alternative timing system; and (ii) to furnish performance and payment bonds in connection with the system in a reasonable amount as determined by the Secretary; and (F) require the entity to make any invest- ments in technologies necessary over the life of the agreement to meet future require- ments for advanced timing resiliency. (3) COMPETITION REQUIRED.—The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a coopera- tive agreement pursuant to this subsection. (4) AUTHORIZATION TO PURCHASE SERVICES.— The Secretary may not purchase timing sys- tem services from the entity for use by the De- partment of Transportation or for provision to other Federal and non-Federal governmental agencies until the system achieves operational status, and then only if the necessary funds for such purchases are provided for in subse- quent yearly appropriations acts made avail- able to the Secretary for each and every year in which such purchases are made. (5) DETERMINATION REQUIREMENT.—The Sec- retary may not enter into a cooperative agree- ment under this subsection unless the Sec- retary determines that the cooperative agree- ment is in the best financial interest of the Federal Government. The Secretary shall no- tify the Committee on Committee on 2 Com- merce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representa- tives of such determination not later than 30 days after the date of the determination. (6) DEFINITION.—In this subsection the term ‘‘entity’’ means a non-Federal entity with the demonstrated technical expertise and req- uisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this sub- section. (Added Pub. L. 115–282, title V, § 514(b), Dec. 4, 2018, 132 Stat. 4276; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8507(d)(2), Jan. 1, 2021, 134 Stat. 4754; Pub. L. 117–103, div. L, title I, § 109A, Mar. 15, 2022, 136 Stat. 691.) Editorial Notes REFERENCES IN TEXT The date of enactment of the National Timing Resil- ience and Security Act of 2018, referred to in subsecs. (b)(1) and (c)(1), (2), is the date of enactment of section 514 of Pub. L. 115–282, which was approved Dec. 4, 2018. Section 1618 of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (b)(1), is section 1618 of Pub. L. 114–328, div. A, title XVI, Dec. 23, 2016, 130 Stat. 2595, which is not classified to the Code. AMENDMENTS 2022—Subsec. (a). Pub. L. 117–103 struck out ‘‘land- based,’’ after ‘‘operation of a’’. 2021—Pub. L. 116–283 made technical correction to di- rectory language of Pub. L. 115–282, § 514(b), which en- acted this section. EFFECTIVE DATE OF 2021 AMENDMENT Section 8507(d) of div. G of Pub. L. 116–283 effective as if included in Pub. L. 115–282, see section 8507(d)(7) of Pub. L. 116–283, set out as a note under section 1226 of Title 33, Navigation and Navigable Waters. Statutory Notes and Related Subsidiaries SHORT TITLE For short title of section 514 of Pub. L. 115–282, which enacted this section, as the ‘‘National Timing Resil- ience and Security Act of 2018’’, see section 514(a) of Pub. L. 115–282, set out as a Short Title of 2018 Amend- ment note under section 101 of this title. Page 118 TITLE 49—TRANSPORTATION § 313 § 313. Nontraditional and Emerging Transpor- tation Technology Council (a) ESTABLISHMENT.—Not later than 180 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘‘Secretary’’) shall establish a council, to be known as the ‘‘Nontraditional and Emerging Transportation Technology Council’’ (referred to in this section as the ‘‘Council’’), to address coordination on emerging technology issues across all modes of transportation. (b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall be com- posed of— (A) the Secretary, who shall serve as an ex officio member of the Council; (B) the Deputy Secretary of Transpor- tation; (C) the Under Secretary of Transportation for Policy; (D) the Assistant Secretary for Research and Technology of the Department of Trans- portation; (E) the Assistant Secretary for Budget and Programs of the Department of Transpor- tation; (F) the General Counsel of the Department of Transportation; (G) the Chief Information Officer of the Department of Transportation; (H) the Administrator of the Federal Avia- tion Administration; (I) the Administrator of the Federal High- way Administration; (J) the Administrator of the Federal Motor Carrier Safety Administration; (K) the Administrator of the Federal Rail- road Administration; (L) the Administrator of the Federal Tran- sit Administration; (M) the Administrator of the Maritime Ad- ministration; (N) the Administrator of the National Highway Traffic Safety Administration; (O) the Administrator of the Pipeline and Hazardous Materials Safety Administration; and (P) any other official of the Department of Transportation, as determined by the Sec- retary. (2) CHAIR AND VICE CHAIR.— (A) CHAIR.—The Deputy Secretary of Transportation (or a designee) shall serve as Chair of the Council. (B) VICE CHAIR.—The Under Secretary of Transportation for Policy (or a designee) shall serve as Vice Chair of the Council. (c) DUTIES.—The Council shall— (1) identify and resolve jurisdictional and regulatory gaps or inconsistencies associated with nontraditional and emerging transpor- tation technologies, modes, or projects pend- ing or brought before the Department of Transportation to reduce, to the maximum ex- tent practicable, impediments to the prompt and safe deployment of new and innovative transportation technology, including with re- spect to— (A) safety oversight; (B) environmental review; and (C) funding and financing issues; (2) coordinate the response of the Depart- ment of Transportation to nontraditional and emerging transportation technology projects; (3) engage with stakeholders in nontradi- tional and emerging transportation tech- nology projects; and (4) develop and establish Department of Transportation-wide processes, solutions, and best practices for identifying and managing nontraditional and emerging transportation technology projects. (d) BEST PRACTICES.—Not later than 1 year after the date of enactment of this section, the Council shall— (1) publish initial guidelines to achieve the purposes described in subsection (c)(4); and (2) promote each modal administration with- in the Department of Transportation to fur- ther test and support the advancement of non- traditional and emerging transportation tech- nologies not specifically considered by the Council. (e) SUPPORT.—The Office of the Secretary shall provide support for the Council. (f) MEETINGS.—The Council shall meet not less frequently than 4 times per year, at the call of the Chair. (g) LEAD MODAL ADMINISTRATION.—For each nontraditional or emerging transportation tech- nology, mode, or project associated with a juris- dictional or regulatory gap or inconsistency identified under subsection (c)(1), the Chair of the Council shall— (1) designate a lead modal administration of the Department of Transportation for review of the technology, mode, or project; and (2) arrange for the detailing of staff between modal administrations or offices of the De- partment of Transportation as needed to maximize the sharing of experience and exper- tise. (h) TRANSPARENCY.—Not later than 1 year after the date of establishment of the Council, and not less frequently than annually thereafter until December 31, 2026, the Council shall post on a publicly accessible website a report describ- ing the activities of the Council during the pre- ceding calendar year. (Added Pub. L. 117–58, div. B, title V, § 25008(a), Nov. 15, 2021, 135 Stat. 850.) Editorial Notes REFERENCES IN TEXT The date of enactment of this section, referred to in subsecs. (a) and (d), is the date of enactment of Pub. L. 117–58, which was approved Nov. 15, 2021. SUBCHAPTER II—ADMINISTRATIVE § 321. Definitions In this subchapter, ‘‘aeronautics’’, ‘‘air com- merce’’, and ‘‘air navigation facility’’ have the same meanings given those terms in section 40102(a) of this title. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(8), July 5, 1994, 108 Stat. 1376; Pub. L. 103–429, § 6(2), Oct. 31, 1994, 108 Stat. 4378.)