49 U.S.C. § 103 — Federal Railroad Administration

(a) In General. The Federal Railroad Administration is an administration inside the Department of Transportation. (b) Safety. To carry out all federal railroad safety laws, the Administration is split geographically into at least 8 safety offices. The Secretary of Transportation is responsible for everything done under those laws and for making sure they are enforced the same way across all the safety offices. (c) Safety as Highest Priority. In doing its work, the Administration must treat safety as its top priority, matching Congress's clear intent to push for the highest possible safety in railroad transportation. (d) Administrator. The Administration is led by an Administrator, appointed by the President with Senate approval, who must have professional experience in railroad safety, hazardous materials safety, or other transportation safety. The Administrator reports directly to the Secretary of Transportation. (e) Deputy Administrator. The Administration has a Deputy Administrator, appointed by the Secretary, who carries out duties the Administrator assigns. (f) Chief Safety Officer. The Administration has an Associate Administrator for Railroad Safety, appointed through the career civil service by the Secretary. This person is the Administration's Chief Safety Officer and carries out duties the Administrator assigns. (g) Duties and Powers of the Administrator. The Administrator carries out: (1) railroad safety duties given to the Secretary by section 20134(c) and chapters 203 through 211 of this title, plus chapter 213 as it supports those chapters; (2) railroad policy and development duties under subsection (j); and (3) other duties the Secretary assigns. (h) Limitation. A duty or power listed in (g)(1) can only move to another part of the Department, or to another federal agency, if a law specifically allows it. If the Administrator makes a decision that required notice and a hearing under the law, that decision is administratively final. (i) Authorities. Subject to certain rules in titles 40 and 41, the Secretary of Transportation may make contracts, grants, leases, cooperative agreements, and similar deals with federal or other public agencies (including state and local governments) and private groups or people, and may make payments — in advance or as reimbursement — that the Secretary decides are needed to carry out the Administration's work. The Administrator carries out this power on the Secretary's behalf. No contract or payment under this power is allowed unless an appropriations law provides for it. (j) Additional Duties of the Administrator. The Administrator must: (1) help states develop state rail plans required under chapter 227, and review all state rail plans submitted; (2) develop a long-range national rail plan that fits approved state rail plans and the nation's rail needs, to build an integrated, efficient national rail system for moving goods and people; (3) develop a preliminary national rail plan within a year of the Passenger Rail Investment and Improvement Act of 2008 becoming law; (4) build and grow partnerships with the freight and passenger rail industry, states, and the public on rail development; (5) support intermodal and high-speed rail development, including high-speed rail planning; (6) make sure programs under this section benefit the public and help meet regional and national transportation goals; and (7) help coordinate assistance to freight and passenger railroads, transit agencies, cities, and states on sharing rail lines between passenger and freight service — giving neutral help, at the joint request of the affected parties, on operations, capacity, capital needs, costs, and related research and planning. (k) Performance Goals and Reports. (1) Performance goals. Along with the goals and work under (j), the Administrator must set a schedule for reaching specific, measurable performance goals. (2) Resource needs. The strategy and yearly plans must estimate the money and staff needed to reach each goal and to carry out the extra duties in (j). (3) Submission with President's budget. Starting with fiscal year 2010 and every year after, the Secretary must send Congress's Transportation and Commerce committees — at the same time as the President's budget — the Administration's performance goals, its schedule, and an assessment of its progress toward those goals.