Title 49TransportationRelease 119-73not60

§312 Alternative Timing System

Title 49 › Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter 3— GENERAL DUTIES AND POWERS › Subchapter I— DUTIES OF THE SECRETARY OF TRANSPORTATION › § 312

Last updated Apr 5, 2026|Official source

Summary

If money is provided, the Secretary of Transportation must create, run, and keep a strong backup timing system. The goal is to lower reliance on GPS timing and to give uncorrupted timing signals for military and civilian users if GPS is wrong, weak, or unavailable. Within 180 days after the 2018 Act, the Secretary must set buying rules for the system using the earlier timing study. The backup system must be wireless and land‑based, cover large areas, match coordinated universal time (UTC), be hard to jam or break, work inside buildings and underground, be sent to remote places, use private‑sector know‑how, work with other navigation systems, be able to grow to give position and navigation, include lessons from any prior demo program, and be available for public use by federal and non‑federal users at no net cost to the federal government within 10 years of starting operation. The Secretary must send Congress a plan and an assessment within 180 days. The system must be up and running within 2 years of the Act and designed to operate for at least 20 years. If needed, the Coast Guard must transfer any LORAN sites, property, or radio spectrum to Transportation. The Secretary may make a competitive cooperative deal with a private group to build and run the system at private cost. That deal can let the group sell services (with any national security limits), must have the group cover financial risk and post bonds, and must make the group share 25% of gross sales with the Secretary for at least 10 years. The Secretary cannot buy services from the group until the system is operational and money is approved each year. The private partner must be a non‑federal entity with the needed skills and funds, and the Secretary must find the deal is in the government's best financial interest and notify Congress within 30 days.

Full Legal Text

Title 49, §312

Transportation — Source: USLM XML via OLRC

(a)Subject to the availability of appropriations, the Secretary of Transportation shall provide for the establishment, sustainment, and operation of a resilient,11 So in original. The comma probably should not appear. and reliable alternative timing system—
(1)to reduce critical dependencies and provide a complement to and backup for the timing component of the Global Positioning System (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 timing signals are corrupted, degraded, unreliable, or otherwise unavailable.
(b)(1)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 establish requirements for the procurement of the system required by subsection (a) as a complement to and backup for the timing component of GPS in accordance with the timing requirements study required by section 1618 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2595).
(2)The Secretary of Transportation shall ensure, to the maximum extent 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 universal 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 locations;
(H)be developed, constructed, and operated 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 Nationwide 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 Government within 10 years of initiation of operation;
(K)be capable of adaptation and expansion to provide position and navigation capabilities;
(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)(1)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 Committee on Transportation and Infrastructure of the House of Representatives a report setting forth the following:
(A)A plan to develop, construct, and operate the system required by subsection (a).
(B)A description and assessment of the advantages of a system to provide a follow-on complementary and backup positioning and navigation capability to the timing component of GPS.
(2)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)The system required by subsection (a) shall be designed to be fully operational for not less than 20 years.
(d)(1)If the Secretary of Transportation determines that any LORAN infrastructure, including the underlying real property and any spectrum associated with LORAN, in the possession of the Coast Guard is required by the Department of Transportation for the purpose of establishing the system required by subsection (a), the Commandant shall transfer such property, spectrum, and equipment to the Secretary.
(2)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)(1)The Secretary of Transportation may enter into a cooperative agreement (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 requirements of this section and be in the public interest.
(2)The cooperative agreement 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-commercial third parties, subject to any national security requirements determined by the Secretary, in consultation with the Secretary of Defense;
(B)require the entity to develop, construct, and operate at private expense the backup timing system in accordance with this section;
(C)allow the entity to make any investments in technologies necessary over the life of such agreement to meet future requirements 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 parties with the Secretary for at least 10 years after the date upon which the Secretary enters 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 investments in technologies necessary over the life of the agreement to meet future requirements for advanced timing resiliency.
(3)The Secretary shall use competitive procedures similar to those authorized under section 2667 of title 10 in selecting an entity to enter into a cooperative agreement pursuant to this subsection.
(4)The Secretary may not purchase timing system services from the entity for use by the Department 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 subsequent yearly appropriations acts made available to the Secretary for each and every year in which such purchases are made.
(5)The Secretary may not enter into a cooperative agreement under this subsection unless the Secretary determines that the cooperative agreement is in the best financial interest of the Federal Government. The Secretary shall notify the Committee on Committee on 22 So in original. Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives of such determination not later than 30 days after the date of the determination.
(6)In this subsection the term “entity” means a non-Federal entity with the demonstrated technical expertise and requisite administrative and financial resources to meet any terms and conditions established by the Secretary for purposes of this subsection.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The date of enactment of the National Timing Resilience 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 directory language of Pub. L. 115–282, § 514(b), which enacted 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 Resilience and Security Act of 2018”, see section 514(a) of Pub. L. 115–282, set out as a

Short Title

of 2018 Amendment note under section 101 of this title.

Reference

Citations & Metadata

Citation

49 U.S.C. § 312

Title 49Transportation

Last Updated

Apr 5, 2026

Release point: 119-73not60