Chapter 1, Section 116, Subsection (h) · 49 U.S.C. Chapter 1

Contents

(h)

(1)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)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)

(A)The Secretary shall ensure that the Bureau is adequately staffed and funded.

(B)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)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)

(i)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)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)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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 25

Show every defined term

agency
means the Department of Homeland Security;
air traffic control system
has the meaning such term has under section 40102(a).
applicable sections of title 5
means—
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.
Bureau
means the National Surface Transportation and Innovative Finance Bureau of the Department.
career appointee
means a Transportation Security Administration executive serving on a career Transportation Security Executive Service appointment;
Center
means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2).
Department
means the Department of Transportation.
Director
means the Director of ARPA–I appointed under subsection (d).
eligible entity
means—
Executive Director
means the Executive Director of the Bureau.
Freight Office
means the Office of Multimodal Freight Infrastructure and Policy established under subsection (b).
infrastructure
includes—
leadership of the Administration
means—
multimodal project
means a project involving the participation of more than 1 modal administration or secretarial office within the Department.
Plan
means the Transportation Security Information Sharing Plan established under paragraph (2).
political appointee
means any individual who—
project
means a project authorized or funded under—
public and private stakeholders
means Federal, State, and local agencies, tribal governments, and appropriate private entities, including nonprofit employee labor organizations representing transportation employees.
Secretary
means the Secretary of Transportation.
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;
senior executive
means a Transportation Security Administration executive serving on a Transportation Security Executive Service appointment;
small business concern
has the meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632).
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.
unfunded capital investment need
means a program that—