Title 49 — Transportation
Chapter 3 — General Duties and Powers
§ 302. Policy standards for transportation
Statutory text
The Secretary of Transportation is governed by the transportation policy of sections 10101 and 13101 of this title in addition to other laws.
This subtitle and chapters 221 and 315 of this title do not authorize, without appropriate action by Congress, the adoption, revision, or implementation of a transportation policy or investment standards or criteria.
The Secretary shall consider the needs—
for effectiveness and safety in transportation systems; and
of national defense.
It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by—
conducting economic and technological research;
demonstrating advancements in high-speed ground transportation technologies;
establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and
minimizing the long-term risks of investors.
It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.
Intermodal Transportation.—
It is the policy of the United States Government to encourage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-efficient manner, provide the foundation for improved productivity growth, strengthen the Nation’s ability to compete in the global economy, and obtain the optimum yield from the Nation’s transportation resources.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–449 § 1(b) · 96 Stat. 2413
Enacted · 49 U.S.C. § 302
Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419
Source evidence
Code source credit
Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2419Enacted provision · exact public law section
(b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II:Pub. L. 98–216 § 2(2) · 98 Stat. 3
Substituted · 49 U.S.C. § 302(b)
Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.Enacted provision · exact public law section
(2) In sections 103(c)(1), 106 (g)(1) and (h), 302(b), 321, 329 (b)(1) and (d), 334, and 501(b)(2), strike out “49 U.S.C.” wherever it appears and 96 Stat. 2415, 2416, 2419, 2422, 2426, 2430, 2431. 96 Stat. 2421. substitute “49 App. U.S.C.”.Intermodal Surface Transportation Efficiency Act of 1991
Pub. L. 102–240 § 1036(a) · 105 Stat. 1914
Added · 49 U.S.C. § 302(d)
Pub. L. 102–240, § 1036(a), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 102–240, § 1036(a), added subsec. (d).Enacted provision · exact public law section
(a) Declaration of Policy.— Section 302 of title 49, United States Code, is amended by adding at the end the following new subsection: “(d) (1) It is the policy of the United States to promote the construction and commercialization of high-speed ground transportation systems by— “(A) conducting economic and technological research; “(B) demonstrating advancements in high-speed ground transportation technologies; “(C) establishing a comprehensive policy for the development of such systems and the effective integration of the various high-speed ground transportation technologies; and “(D) minimizing the long-term risks of investors. “(2) It is the policy of the United States to establish in the shortest time practicable a United States designed and constructed magnetic levitation transportation technology capable of operating along Federal-aid highway rights-of-way, as part of a national transportation system of the United States.”.Intermodal Surface Transportation Efficiency Act of 1991
Pub. L. 102–240 § 5001 · 105 Stat. 1914
Added · 49 U.S.C. § 302(e)
Pub. L. 102–240, § 5001, added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 102–240, § 5001, added subsec. (e).Enacted provision · exact public law section
SEC. 5001. NATIONAL GOAL TO PROMOTE INTERMODAL TRANSPORTATION. Section 302 of title 49, United States Code (relating to policy standards for transportation), is further amended by adding at the end the following new subsection: “(e) Intermodal Transportation.— It is the policy of the United States Government to encourage and promote development of a national intermodal transportation system in the United States to move people and goods in an energy-efficient manner, provide the foundation for improved productivity growth, strengthen the Nation’s ability to compete in the global economy, and obtain the optimum yield from the Nation’s transportation resources.”.Pub. L. 103–272 § 5(m)(6) · 108 Stat. 745
Substituted · 49 U.S.C. § 302(b)
Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”.Enacted provision · exact public law section
(6) In section 302(b), strike “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)” and substitute “This subtitle and chapters 221 and 315 of this title”.ICC Termination Act of 1995
Pub. L. 104–88 title III § 308(a) · 109 Stat. 803
Substituted · 49 U.S.C. § 302(a)
Pub. L. 104–88 substituted “13101” for “10101a”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–88 substituted “13101” for “10101a”.Enacted provision · exact public law section
(a) Section 302.— Section 302(a) of title 49, United States Code, is amended by striking “10101a” and inserting in lieu thereof “13101”.Effective date note
Amendment by Pub. L. 104–88 effective Jan. 1, 1996, see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
6 of 6 references resolved to an enrolled provision
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 302(a) | 49:1653(b)(1). | Oct. 15, 1966, Pub. L. 89–670, § 4(b), 80 Stat. 933. |
| 302(b) | 49:1653(b)(2). | |
| 302(c) | 49:1653(b)(3). | |
In subsection (a), the words “In carrying out his duties and responsibilities under this chapter” before “Secretary of Transportation” are omitted as surplus. The words “the transportation policy of sections 10101 and 10101a of this title in addition to other laws” are substituted for “all applicable statutes including the policy standards set forth in the Federal Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the national transportation policy of the Interstate Commerce Act, as amended; title 23, relating to Federal-aid highways; and title 14, titles 52 and 53 of the Revised Statutes, the Act of , as amended, and the Act of , as amended, relating to the United States Coast Guard” because each of the omitted laws is now applicable to the Secretary of Transportation and the Department of Transportation as the result of the restatement of those laws, and the Secretary is therefore bound to follow those laws by their own terms.
In subsection (c), the words “In exercising the functions, powers, and duties conferred on and transferred to the Secretary by this chapter” before “Secretary” are omitted as surplus. The word “consider” is substituted for “give full consideration to” to eliminate surplus words. The words “for operational continuity of the functions transferred” after “the needs” are omitted as executed.
Editorial Notes
Amendments1984–1995 · 4 rounds
1995
Subsec. (a). Pub. L. 104–88 substituted “13101” for “10101a”.
1994
Subsec. (b). Pub. L. 103–272 substituted “This subtitle and chapters 221 and 315 of this title” for “Subtitle I and chapter 31 of subtitle II of this title and the Department of Transportation Act (49 App. U.S.C. 1651 et seq.)”.
1991
Subsec. (d). Pub. L. 102–240, § 1036(a), added subsec. (d).
Subsec. (e). Pub. L. 102–240, § 5001, added subsec. (e).
1984
Subsec. (b). Pub. L. 98–216 substituted “49 App. U.S.C.” for “49 U.S.C.”.
Statutory Notes and Related Subsidiaries
Effective Date of 1995 Amendment
Amendment by Pub. L. 104–88 effective , see section 2 of Pub. L. 104–88, set out as an Effective Date note under section 1301 of this title.
Effective Date of 1991 Amendment
Amendment by section 1036(a) of Pub. L. 102–240 effective , and applicable to funds authorized to be appropriated or made available after , and, with certain exceptions, not applicable to funds appropriated or made available on or before , see section 1100 of Pub. L. 102–240, set out as a note under section 104 of Title 23, Highways.
Credits
1983–1995 · 5 acts
- 1983Pub. L. 97–449, § 1(b), , 96 Stat. 2419
- 1984Pub. L. 98–216, § 2(2), , 98 Stat. 5
- 1991Pub. L. 102–240, title I, § 1036(a), title V, § 5001, , 105 Stat. 1978, 2158
- 1994Pub. L. 103–272, § 5(m)(6), , 108 Stat. 1375
- 1995Pub. L. 104–88, title III, § 308(a), , 109 Stat. 946.
Show as published
(Pub. L. 97–449, § 1(b), , 96 Stat. 2419; Pub. L. 98–216, § 2(2), , 98 Stat. 5; Pub. L. 102–240, title I, § 1036(a), title V, § 5001, , 105 Stat. 1978, 2158; Pub. L. 103–272, § 5(m)(6), , 108 Stat. 1375; Pub. L. 104–88, title III, § 308(a), , 109 Stat. 946.)