
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC302]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
         SUBCHAPTER I--DUTIES OF THE SECRETARY OF TRANSPORTATION
 
Sec. 302. Policy standards for transportation

    (a) The Secretary of Transportation is governed by the 
transportation policy of sections 10101 and 13101 of this title in 
addition to other laws.
    (b) 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.
    (c) The Secretary shall consider the needs--
        (1) for effectiveness and safety in transportation systems; and
        (2) of national defense.

    (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.
    (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. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98-216, 
Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102-240, title I, 
Sec. 1036(a), title V, Sec. 5001, Dec. 18, 1991, 105 Stat. 1978, 2158; 
Pub. L. 103-272, Sec. 5(m)(6), July 5, 1994, 108 Stat. 1375; Pub. L. 
104-88, title III, Sec. 308(a), Dec. 29, 1995, 109 Stat. 946.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
302(a)................................  49:1653(b)(1).                   Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          4(b),
 80 Stat. 933.
302(b)................................  49:1653(b)(2).
302(c)................................  49:1653(b)(3).
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---------------------------------

    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 April 25, 1940, as amended, and the Act of September 2, 1958, 
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.


                               Amendments

    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, Sec. 1036(a), added subsec. (d).
    Subsec. (e). Pub. L. 102-240, Sec. 5001, added subsec. (e).
    1984--Subsec. (b). Pub. L. 98-216 substituted ``49 App. U.S.C.'' for 
``49 U.S.C.''.


                    Effective Date of 1995 Amendment

    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 701 of 
this title.


                    Effective Date of 1991 Amendment

    Amendment by section 1036(a) of Pub. L. 102-240 effective Dec. 18, 
1991, and applicable to funds authorized to be appropriated or made 
available after Sept. 30, 1991, and, with certain exceptions, not 
applicable to funds appropriated or made available on or before Sept. 
30, 1991, see section 1100 of Pub. L. 102-240, set out as a note under 
section 104 of Title 23, Highways.

                  Section Referred to in Other Sections

    This section is referred to in section 305 of this title.
