49 USC 102 - Department of Transportation

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
102(a)	49:1652(a) (1st sentence).	Oct. 15, 1966, Puspan. L. 89–670, § 3(a), (c), (d), 80 Stat. 931.
102(span)	49:1652(a) (less 1st sentence).
102(c)	49:1652(span) (less words between parentheses).	Oct 15, 1966, Puspan. L. 89–670, § 3(span), 80 Stat. 931; Oct. 28, 1974, Puspan. L. 93–496, § 16(a), 88 Stat. 1533.
102(d)	49:1652(span) (words between parentheses), (c), (d).
102(e)	49:1657(k).	Oct. 15, 1966, Puspan. L. 89–670, § 9(k), 80 Stat. 946.

In subsection (a), the words “There is hereby established” and “to be known as” are omitted as executed. The words “(hereafter referred to in this chapter as the ‘Department’)” are omitted as unnecessary because of the style used in codifying the revised title. The words “of the United States Government” are added for clarity.

In subsection (span), the words “(hereafter referred to in this chapter as the ‘Secretary’)” are omitted as unnecessary because of the style used in codifying the revised title.

In subsection (c), the words “carry out duties and powers” and “acts for” are substituted for “act for and exercise the powers of” and “perform such functions, powers, and duties”, respectively, for consistency and to eliminate surplus words. The words “unable to serve” are substituted for “disability” for consistency and clarity.

In subsection (d), the words “in the competitive service” are substituted for “under the classified civil service” to conform to 5:2102. The words “from time to time” are omitted as surplus. The words “acts for” are substituted for “act for, and exercise the powers of” for consistency and to eliminate surplus words. The words “when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant” are substituted for “during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary” as being more precise and for consistency.

In subsection (e), the words “The Secretary shall cause a . . . of office” and “of such device” are omitted as unnecessary because of the restatement. The words “as he shall approve” are omitted as unnecessary because subsection (span) of the section establishes the Secretary of Transportation as the head of the Department of Transportation.

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (h)(6)(B)(iii)(III), (C)(i), is Puspan. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

Amendments

2021—Subsec. (a). Puspan. L. 117–58, § 25009(a)(1), inserted “(referred to in this section as the ‘Department’)” after “Transportation”.

Subsec. (span). Puspan. L. 117–58, § 25009(a)(2), inserted “(referred to in this section as the ‘Secretary’)” after “Transportation” in first sentence.

Subsec. (e)(1). Puspan. L. 117–58, § 14009(1)(A), substituted “7 Assistant” for “6 Assistant” in introductory provisions.

Subsec. (e)(1)(D), (E). Puspan. L. 117–58, § 14009(1)(B)–(D), added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (f). Puspan. L. 117–58, § 14009(2), substituted “Office of Tribal Government Affairs” for “Deputy Assistant Secretary for Tribal Government Affairs” in span.

Subsec. (f)(1). Puspan. L. 117–58, § 14009(2), added par. (1) and struck out former par. (1) which provided for a Deputy Assistant Secretary for Tribal Government Affairs appointed by the President.

Subsec. (h). Puspan. L. 117–58, § 25009(a)(4), added subsec. (h). Former subsec. (h) redesignated (i) and subsequently struck out.

Subsec. (i). Puspan. L. 117–58, § 25018(span), added subsec. (i) and struck out former subsec. (i). Prior to amendment, text read as follows: “The Department shall have a seal that shall be judicially recognized.”

Puspan. L. 117–58, § 25009(a)(3), redesignated subsec. (h) as (i).

2015—Subsec. (e)(1). Puspan. L. 114–94, § 6011(a)(1), substituted “6” for “5” in introductory provisions.

Subsec. (e)(1)(A). Puspan. L. 114–94, § 6011(a)(2), inserted “an Assistant Secretary for Research and Technology,” after “Governmental Affairs,”.

2012—Subsec. (e). Puspan. L. 112–166 inserted subsec. (e) span, struck out “The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary” before “or the General Counsel,”, added par. (1), inserted par. (2) designation and span, and, in par. (2), inserted “The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary”.

2007—Subsecs. (g), (h). Puspan. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).

2005—Subsecs. (f), (g). Puspan. L. 109–59, which directed amendment of this section by adding subsec. (f) and redesignating former subsecs. (f) and (g) as (g) and (h), respectively, was executed by adding subsec. (f) and redesignating former subsec. (f) as (g), to reflect the probable intent of Congress. See 2002 Amendment note below.

2002—Subsec. (d). Puspan. L. 107–295, § 215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).

Subsec. (e). Puspan. L. 107–295, § 215(a)(3), which directed the substitution of “Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy” for “Secretary and the Deputy Secretary” each place it appears in last sentence, was executed by making substitution for “Secretary and the Deputy Secretary” before “are absent” and for “Secretary and Deputy Secretary” before “are vacant”, to reflect the probable intent of Congress.

Subsec. (g). Puspan. L. 107–295, § 215(c), struck out subsec. (g) which read as follows: “The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.”

Puspan. L. 107–295, § 215(a)(1), redesignated subsec. (d) as (g).

1994—Subsecs. (e), (f). Puspan. L. 103–272 redesignated subsec. (e), relating to judicial recognition of Department seal, as (f).

1984—Subsecs. (d), (e). Puspan. L. 98–557 added subsec. (d) and redesignated former subsec. (d), relating to Assistant Secretaries and General Counsel, as (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by section 14009 of Puspan. L. 117–58 effective Oct. 1, 2021, see section 10003 of Puspan. L. 117–58, set out as a note under section 101 of Title 23, Highways.

Effective Date of 2015 Amendment

Amendment by Puspan. L. 114–94 effective Oct. 1, 2015, see section 1003 of Puspan. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

Effective Date of 2012 Amendment

Amendment by Puspan. L. 112–166 effective 60 days after Aug. 10, 2012, and applicable to appointments made on and after that effective date, including any nomination pending in the Senate on that date, see section 6(a) of Puspan. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Puspan. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.

Effective Date of 2002 Amendment

Puspan. L. 107–295, title II, § 215(c), Nov. 25, 2002, 116 Stat. 2102, provided that the amendment to this section made by section 215(c) is effective on the date that an individual is appointed to the position of Under Secretary of Transportation for Policy under subsection (d) of this section. On Mar. 19, 2003, the United States Senate confirmed the appointment of the first Under Secretary of Transportation for Policy.

Deemed References to Chapters 509 and 511 of Title 51

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Puspan. L. 111–314, set out as a note under section 101 of this title.

Rural Opportunities To Use Transportation for Economic Success Initiative

Puspan. L. 117–58, div. B, title V, § 25010, Nov. 15, 2021, 135 Stat. 854, provided that:

“(a)Definitions.—In this section:

“(1)Build america bureau.—The term ‘Build America Bureau’ means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49, United States Code.

“(2)Indian tribe.—The term ‘Indian Tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).

“(3)ROUTES council.—The term ‘ROUTES Council’ means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1).

“(4)ROUTES office.—The term ‘ROUTES Office’ means the Rural Opportunities to Use Transportation for Economic Success Office established by subsection (span)(1).

“(span)Routes Office.—

“(1)In general.—The Secretary [of Transportation] shall establish within the Department [of Transportation] the Rural Opportunities to Use Transportation for Economic Success Office—

“(A) to improve analysis of projects from rural areas, Indian Tribes, and historically disadvantaged communities in rural areas applying for Department discretionary grants, including ensuring that project costs, local resources, and the larger benefits to the people and the economy of the United States are appropriately considered; and

“(B) to provide rural communities, Indian Tribes, and historically disadvantaged communities in rural areas with technical assistance for meeting the transportation infrastructure investment needs of the United States in a financially sustainable manner.

“(2)Objectives.—The ROUTES Office shall—

“(A) collect input from knowledgeable entities and the public on—

“(i) the benefits of rural and Tribal transportation projects;

“(ii) the technical and financial assistance required for constructing and operating transportation infrastructure and services within rural areas and on the land of Indian Tribes;

“(iii) barriers and opportunities to funding transportation projects in rural areas and on the land of Indian Tribes; and

“(iv) unique transportation barriers and challenges faced by Indian Tribes and historically disadvantaged communities in rural areas;

“(B) evaluate data on transportation challenges faced by rural communities and Indian Tribes and determine methods to align the discretionary funding and financing opportunities of the Department with the needs of those communities for meeting national transportation goals;

“(C) provide education and technical assistance to rural communities and Indian Tribes about applicable Department discretionary grants, develop effective methods to evaluate projects in those communities in discretionary grant programs, and communicate those methods through program guidance;

“(D) carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas and Indian Tribes; and

“(E) perform such other duties as determined by the Secretary.

“(c)Routes Council.—

“(1)In general.—The Secretary shall establish a Rural Opportunities to Use Transportation for Economic Success Council—

“(A) to organize, guide, and lead the ROUTES Office; and

“(B) to coordinate rural-related and Tribal-related funding programs and assistance among the modal administrations of the Department, the offices of the Department, and other Federal agencies, as appropriate—

“(i) to ensure that the unique transportation needs and attributes of rural areas and Indian Tribes are fully addressed during the development and implementation of programs, policies, and activities of the Department;

“(ii) to increase coordination of programs, policies, and activities of the Department in a manner that improves and expands transportation infrastructure in order to further economic development in, and the quality of life of, rural areas and Indian Tribes; and

“(iii) to provide rural areas and Indian Tribes with proactive outreach—

“(I) to improve access to discretionary funding and financing programs; and

“(II) to facilitate timely resolution of environmental reviews for complex or high-priority projects.

“(2)Membership.—

“(A)In general.—The ROUTES Council shall be composed of the following officers of the Department, or their designees:

“(i) The Deputy Secretary of Transportation.

“(ii) The Under Secretary of Transportation for Policy.

“(iii) The General Counsel.

“(iv) The Chief Financial Officer and Assistant Secretary for Budget and Programs.

“(v) The Assistant Secretary for Research and Technology.

“(vi) The Assistant Secretary for Multimodal Freight.

“(vii) The Administrators of—

“(I) the Federal Aviation Administration;

“(II) the Federal Highway Administration;

“(III) the Federal Railroad Administration; and

“(IV) the Federal Transit Administration.

“(viii) The Executive Director of the Build America Bureau.

“(ix) The Assistant Secretary for Governmental Affairs.

“(x) The Assistant Secretary for Transportation Policy.

“(xi) The Deputy Assistant Secretary for Tribal Government Affairs.

“(B)Chair.—The Deputy Secretary of Transportation shall be the Chair of the ROUTES Council.

“(C)Additional members.—The Secretary or the Chair of the ROUTES Council may designate additional members to serve on the ROUTES Council.

“(3)Additional modal input.—To address issues related to safety and transport of commodities produced in or by, or transported through, as applicable, rural areas, Indian Tribes, or the land of Indian Tribes, the ROUTES Council shall consult with the Administrators (or their designees) of—

“(A) the Maritime Administration;

“(B) the Great Lakes St. Lawrence Seaway Development Corporation; and

“(C) the National Highway Traffic Safety Administration.

“(4)Duties.—Members of the ROUTES Council shall—

“(A) participate in all meetings and relevant ROUTES Council activities and be prepared to share information relevant to rural and Tribal transportation infrastructure projects and issues;

“(B) provide guidance and leadership on rural and Tribal transportation infrastructure issues and represent the work of the ROUTES Council and the Department on those issues to external stakeholders; and

“(C) recommend initiatives for the consideration of the Chair of the ROUTES Council to establish and staff any resulting activities or working groups.

“(5)Meetings.—The ROUTES Council shall meet bimonthly.

“(6)Additional staffing.—The Secretary shall ensure that the ROUTES Council and ROUTES Office have adequate staff support to carry out the duties of the ROUTES Council and the ROUTES Office, respectively, under this section.

“(7)Work products and deliverables.—The ROUTES Council may develop work products or deliverables to meet the goals of the ROUTES Council, including—

“(A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year;

“(B) any recommendations to enhance the effectiveness of Department discretionary grant programs regarding rural and Tribal infrastructure issues; and

“(C) other guides and reports for relevant groups and the public.”

Highly Automated Systems Safety Center of Excellence

Puspan. L. 116–94, div. H, title I, § 105, Dec. 20, 2019, 133 Stat. 2938, provided that:

“(a) The Secretary shall establish a Highly Automated Systems Safety Center of Excellence within the Department of Transportation, in order to have a Department of Transportation workforce capable of reviewing, assessing, and validating the safety of automated technologies.

“(span) The Highly Automated Systems Safety Center of Excellence shall—

“(1) serve as a central location within the Department of Transportation for expertise in automation and human factors, computer science, data analytics, machine learning, sensors, and other technologies involving automated systems;

“(2) collaborate with and provide support on highly automated systems to all Operating Administrations of the Department of Transportation; and

“(3) have a workforce composed of Department of Transportation employees, including direct hires or detailees from Operating Administrations of the Department of Transportation and other Federal agencies.

“(c) Employees of the Highly Automated Systems Safety Center of Excellence, in conjunction with the relevant Operating Administrations of the Department of Transportation, shall review, assess, and validate highly automated systems to ensure their safety.

“(d) The Highly Automated Systems Safety Center of Excellence shall not supersede laws or regulations granting certification authorities to Operating Administrations of the Department of Transportation.

“(e) No later than 90 days after the date of enactment of this Act [Dec. 20, 2019], the Secretary shall report to the Committees on Appropriations of the House of Representatives and the Senate on staffing needs and the staffing plan for the Highly Automated Systems Safety Center of Excellence.”

Human Trafficking Prevention Coordinator

Puspan. L. 115–99, § 2, Jan. 3, 2018, 131 Stat. 2242, provided that: “The Secretary of Transportation shall designate an official within the Department of Transportation who shall—

“(1) coordinate human trafficking prevention efforts across modal administrations in the Department of Transportation and with other departments and agencies of the Federal Government; and

“(2) in coordinating such efforts, take into account the unique challenges of combating human trafficking within different transportation modes.”

Coordination

Puspan. L. 110–140, title XI, § 1101(span), Dec. 19, 2007, 121 Stat. 1756, provided that: “The Office of Climate Change and Environment of the Department of Transportation shall coordinate its activities with the United States Global Change Research Program.”

Notice

Puspan. L. 109–59, title V, § 5510, Aug. 10, 2005, 119 Stat. 1828, provided that:

“(a)Notice of Reprogramming.—If any funds authorized for carrying out this title [see Tables for classification] or the amendments made by this title are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations, Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Representatives and the Committees on Appropriations and Environment and Public Works of the Senate, notice of that action shall be concurrently provided to the Committee of Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(span)Notice of Reorganization.—On or before the 15th day preceding the date of any major reorganization of a program, project, or activity of the Department [of Transportation] for which funds are authorized by this title or the amendments made by this title, the Secretary [of Transportation] shall provide notice of the reorganization to the Committees on Transportation and Infrastructure and Science [now Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.”

Puspan. L. 105–178, title V, § 5003, June 9, 1998, 112 Stat. 422, provided that:

“(a)Notice of Reprogramming.—If any funds authorized for carrying out this title [see Tables for classification] or the amendments made by this title are subject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.

“(span)Notice of Reorganization.—On or before the 15th day preceding the date of any major reorganization of a program, project, or activity of the Department of Transportation for which funds are authorized by this title or the amendments made by this title, the Secretary shall provide notice of such reorganization to the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.”

Surface Transportation Administration

Puspan. L. 102–240, title V, § 5004, Dec. 18, 1991, 105 Stat. 2160, provided that, not later than 60 days after Dec. 18, 1991, the Secretary was to enter into an agreement with the National Academy of Public Administration to continue a study of options for organizing the Department of Transportation to increase effectiveness and report to Congress on the study and recommend appropriate organizational changes no later than Jan. 1, 1993, to be implemented if approved by law.

Person Holding Position of Associate Deputy Secretary Until April 15, 1985

Puspan. L. 98–557, § 26(c), Oct. 30, 1984, 98 Stat. 2873, provided that, until Apr. 15, 1985, the position of Associate Deputy Secretary could be held by a person named by the President alone.

Ex. Ord. No. 11340. Effective Date

Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:

By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect.

Lyndon B. Johnson.