§102. Department of Transportation
(a) The Department of Transportation (referred to in this section as the "Department") is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation (referred to in this section as the "Secretary"). The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary-
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for Policy appointed by the President, by and with the advice and consent of the Senate. The Under Secretary shall provide leadership in the development of policy for the Department, supervise the policy activities of Assistant Secretaries with primary responsibility for aviation, international, and other transportation policy development and carry out other powers and duties prescribed by the Secretary. The Under Secretary acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant.
(e)
(1)
(A) an Assistant Secretary for Aviation and International Affairs, an Assistant Secretary for Governmental Affairs, an Assistant Secretary for Research and Technology, an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection, who shall each be appointed by the President, with the advice and consent of the Senate;
(B) an Assistant Secretary for Budget and Programs who shall be appointed by the President;
(C) an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President;
(D) an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and
(E) a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate.
(2)
(f)
(1)
(A) to oversee the tribal self-governance program under section 207 of title 23;
(B) to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations;
(C) to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and
(D) to be a participant in any negotiated rulemakings relating to, or having an impact on, projects, programs, or funding associated with the Tribal transportation program under section 202 of title 23.
(2)
(A)
(B)
(g)
(1)
(A) department-wide research, strategies, and actions under the Department's statutory authority to reduce transportation-related energy use and mitigate the effects of climate change; and
(B) department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure.
(2)
(h)
(1)
(A)
(B)
(i) this title; or
(ii) title 14, 23, 46, or 51.
(2)
(3)
(A) to implement reforms to improve interagency coordination and expedite projects relating to the permitting and environmental review of major transportation infrastructure projects, including-
(i) developing and deploying information technology tools to track project schedules and metrics; and
(ii) improving the transparency and accountability of the permitting process;
(B)(i) to identify appropriate methods to assess environmental impacts; and
(ii) to develop innovative methods for reasonable mitigation;
(C) to reduce uncertainty and delays with respect to environmental reviews and permitting; and
(D) to reduce costs and risks to taxpayers in project delivery.
(4)
(A) report to the Under Secretary of Transportation for Policy;
(B) be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and
(C) carry out such additional duties as the Secretary may prescribe.
(5)
(A) Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews.
(B) Support modernization efforts at the operating administrations within the Department and interagency pilot programs relating to innovative approaches to the permitting and review of transportation infrastructure projects.
(C) Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate.
(D) Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes.
(E) Administer and expand the use of online transparency tools providing for-
(i) tracking and reporting of metrics;
(ii) development and posting of schedules for permit reviews and permit decisions;
(iii) the sharing of best practices relating to efficient project permitting and reviews; and
(iv) the visual display of relevant geospatial data to support the permitting process.
(F) Submit to the Secretary reports describing progress made toward achieving-
(i) greater efficiency in permitting decisions and review of infrastructure projects; and
(ii) better outcomes for communities and the environment.
(6)
(A)
(B)
(i) carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects;
(ii) serving as the Department liaison to-
(I) the Council on Environmental Quality; and
(II) the Federal Permitting Improvement Steering Council established by section 41002(a) of the Fixing America's Surface Transportation Act (42 U.S.C. 4370m–1(a));
(iii) supporting the National Surface Transportation and Innovative Finance Bureau (referred to in this paragraph as the "Bureau") in implementing activities to improve delivery timelines, as described in section 116(f), for projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process;
(iv) leading activities to improve delivery timelines for projects carried out under programs not administered by the Bureau by-
(I) coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process;
(II) providing technical assistance and training to field and headquarters staff of Federal agencies with respect to policy changes and innovative approaches to the delivery of projects; and
(III) identifying, developing, and tracking metrics for permit reviews and decisions by Federal agencies for projects under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(C)
(i)
(ii)
(i)
(1)
(2)
(A) the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of
(B) other travel- and tourism-related matters involving the Department of Transportation.
(j)
(1)
(A) to assist, educate, and protect passengers; and
(B) to monitor compliance with, conduct investigations relating to, and enforce, with support of attorneys in the Office of the General Counsel, including by taking appropriate action to address violations of aviation consumer protection and civil rights.
(2)
(3)
(4)
(A) aviation consumer protection; and
(B) the duties and activities of the Office described in subparagraphs (A) through (C) 1 of paragraph (1).
(5)
(A) analyzes trends in aviation consumer protection, civil rights, and licensing;
(B) identifies major challenges facing passengers; and
(C) addresses any other relevant issues, as the Assistant Secretary determines to be appropriate.
(6)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 102(a) | 49:1652(a) (1st sentence). | Oct. 15, 1966,
|
| 102(b) | 49:1652(a) (less 1st sentence). | |
| 102(c) | 49:1652(b) (less words between parentheses). | Oct 15, 1966,
|
| 102(d) | 49:1652(b) (words between parentheses), (c), (d). | |
| 102(e) | 49:1657(k). | Oct. 15, 1966,
|
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 (b), 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 (b) 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
Amendments
2024-Subsec. (e)(1).
Subsec. (e)(1)(A).
Subsec. (j).
2021-Subsec. (a).
Subsec. (b).
Subsec. (e)(1).
Subsec. (e)(1)(D), (E).
Subsec. (f).
Subsec. (f)(1).
Subsec. (h).
Subsec. (i).
2015-Subsec. (e)(1).
Subsec. (e)(1)(A).
2012-Subsec. (e).
2007-Subsecs. (g), (h).
2005-Subsecs. (f), (g).
2002-Subsec. (d).
Subsec. (e).
Subsec. (g).
1994-Subsecs. (e), (f).
1984-Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by section 14009 of
Effective Date of 2015 Amendment
Amendment by
Effective Date of 2012 Amendment
Amendment by
Effective Date of 2007 Amendment
Amendment by
Effective Date of 2002 Amendment
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
Rural Opportunities To Use Transportation for Economic Success Initiative
"(a)
"(1)
"(2)
"(3)
"(4)
"(b)
"(1)
"(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)
"(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)
"(1)
"(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)
"(A)
"(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)
"(C)
"(3)
"(A) the Maritime Administration;
"(B) the Great Lakes St. Lawrence Seaway Development Corporation; and
"(C) the National Highway Traffic Safety Administration.
"(4)
"(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)
"(6)
"(7)
"(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
"(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.
"(b) 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
"(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
Notice
"(a)
"(b)
"(a)
"(b)
Surface Transportation Administration
Person Holding Position of Associate Deputy Secretary Until April 15, 1985
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 (
Lyndon B. Johnson.
1 So in original. Paragraph (1) does not contain a subparagraph (C).