49 U.S.C. § 102: Department of Transportation

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. 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. shall carry out duties and powers prescribed by the Secretary; and acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant. 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. 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; an Assistant Secretary for Budget and Programs who shall be appointed by the President; an Assistant Secretary for Administration, who shall be appointed by the Secretary, with the approval of the President; an Assistant Secretary for Tribal Government Affairs, who shall be appointed by the President; and a General Counsel, who shall be appointed by the President, with the advice and consent of the Senate. The officers set forth in paragraph (1) shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are absent or unable to serve, or when the offices of the Secretary, Deputy Secretary, and Under Secretary of Transportation for Policy are vacant. to oversee the tribal self-governance program under section 207 of title 23 ; to plan, coordinate, and implement policies and programs serving Indian Tribes and Tribal organizations; to coordinate Tribal transportation programs and activities in all offices and administrations of the Department; and 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 . In carrying out this title, the Secretary shall be responsible to exercise the trust obligations of the United States to Indians and Indian tribes to ensure that the rights of a tribe or individual Indian are protected. Nothing in this title shall absolve the United States from any responsibility to Indians and Indian tribes, including responsibilities derived from the trust relationship and any treaty, executive order, or agreement between the United States and an Indian tribe. 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 department-wide research strategies and actions to address the impacts of climate change on transportation systems and infrastructure. The Office shall establish a clearinghouse of solutions, including cost-effective congestion reduction approaches, to reduce air pollution and transportation-related energy use and mitigate the effects of climate change. The term “Center” means the Interagency Infrastructure Permitting Improvement Center established by paragraph (2). this title; or title 14, 23, 46, or 51. There is established within the Office of the Secretary a center, to be known as the “Interagency Infrastructure Permitting Improvement Center”. developing and deploying information technology tools to track project schedules and metrics; and improving the transparency and accountability of the permitting process; to identify appropriate methods to assess environmental impacts; and to develop innovative methods for reasonable mitigation; to reduce uncertainty and delays with respect to environmental reviews and permitting; and to reduce costs and risks to taxpayers in project delivery. report to the Under Secretary of Transportation for Policy; be responsible for the management and oversight of the daily activities, decisions, operations, and personnel of the Center; and carry out such additional duties as the Secretary may prescribe. Coordinate and support implementation of priority reform actions for Federal agency permitting and reviews. 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. Provide technical assistance and training to Department staff on policy changes, innovative approaches to project delivery, and other topics, as appropriate. Identify, develop, and track metrics for timeliness of permit reviews, permit decisions, and project outcomes. tracking and reporting of metrics; development and posting of schedules for permit reviews and permit decisions; the sharing of best practices relating to efficient project permitting and reviews; and the visual display of relevant geospatial data to support the permitting process. greater efficiency in permitting decisions and review of infrastructure projects; and better outcomes for communities and the environment. The Center shall work with the operating administrations within the Department, eligible entities, and other public and private interests to develop and promote best practices for innovative project delivery. carrying out activities that are appropriate and consistent with the goals and policies of the Department to improve the delivery timelines for projects; the Council on Environmental Quality; and 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) ); 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; coordinating efforts to improve the efficiency and effectiveness of the environmental review and permitting process; 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 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.). Subject to clause (ii), at the request of an entity that is carrying out a project, the Center, in coordination with the appropriate operating administrations within the Department, shall provide technical assistance relating to compliance with the applicable requirements of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) and applicable Federal authorizations. For projects carried out under the programs described in section 116(d)(1) for which the Bureau administers the application process, the Bureau, on request of the entity carrying out the project, shall provide the technical assistance described in clause (i). There is established in the Office of the Secretary of Transportation a position, to be known as the “Chief Travel and Tourism Officer”. the National Travel and Tourism Infrastructure Strategic Plan under section 1431(e) of Public Law 114–94 ( 49 U.S.C. 301 note); and other travel- and tourism-related matters involving the Department of Transportation. to assist, educate, and protect passengers; and 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. The Office shall be headed by the Assistant Secretary for Aviation Consumer Protection (in this subsection referred to as the “Assistant Secretary”). Not later than 180 days after funding is appropriated for an Office of Aviation Consumer Protection headed by an Assistant Secretary, the Office of Aviation Consumer Protection that is a unit within the Office of the General Counsel of the Department which is headed by the Assistant General Counsel for Aviation Consumer Protection shall cease to exist. The Secretary shall determine which employees are necessary to fulfill the responsibilities of the new Office of Aviation Consumer Protection and such employees shall be transferred from the Office of the General Counsel, as appropriate, to the newly established Office of Aviation Consumer Protection. aviation consumer protection; and the duties and activities of the Office described in subparagraphs (A) through (C) 1 of paragraph (1). 1 So in original. Paragraph (1) does not contain a subparagraph (C). analyzes trends in aviation consumer protection, civil rights, and licensing; identifies major challenges facing passengers; and addresses any other relevant issues, as the Assistant Secretary determines to be appropriate. There is authorized to be appropriated $12,000,000 for fiscal year 2024, $13,000,000 for fiscal year 2025, $14,000,000 for fiscal year 2026, $15,000,000 for fiscal year 2027, and $16,000,000 for fiscal year 2028 to carry out this subsection. The term ‘Build America Bureau’ means the National Surface Transportation and Innovative Finance Bureau established under section 116 of title 49 , United States Code. 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 ). The term ‘ROUTES Council’ means the Rural Opportunities to Use Transportation for Economic Success Council established by subsection (c)(1). The term ‘ROUTES Office’ means the Rural Opportunities to Use Transportation for Economic Success Office established by subsection (b)(1). 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 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. the benefits of rural and Tribal transportation projects; the technical and financial assistance required for constructing and operating transportation infrastructure and services within rural areas and on the land of Indian Tribes; barriers and opportunities to funding transportation projects in rural areas and on the land of Indian Tribes; and unique transportation barriers and challenges faced by Indian Tribes and historically disadvantaged communities in rural areas; 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; 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; carry out research and utilize innovative approaches to resolve the transportation challenges faced by rural areas and Indian Tribes; and perform such other duties as determined by the Secretary. to organize, guide, and lead the ROUTES Office; and 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; 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 to improve access to discretionary funding and financing programs; and to facilitate timely resolution of environmental reviews for complex or high-priority projects. The Deputy Secretary of Transportation. The Under Secretary of Transportation for Policy. The General Counsel. The Chief Financial Officer and Assistant Secretary for Budget and Programs. The Assistant Secretary for Research and Technology. The Assistant Secretary for Multimodal Freight. the Federal Aviation Administration; the Federal Highway Administration; the Federal Railroad Administration; and the Federal Transit Administration. The Executive Director of the Build America Bureau. The Assistant Secretary for Governmental Affairs. The Assistant Secretary for Transportation Policy. The Deputy Assistant Secretary for Tribal Government Affairs. The Deputy Secretary of Transportation shall be the Chair of the ROUTES Council. The Secretary or the Chair of the ROUTES Council may designate additional members to serve on the ROUTES Council. the Maritime Administration; the Great Lakes St. Lawrence Seaway Development Corporation; and the National Highway Traffic Safety Administration. 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; 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 recommend initiatives for the consideration of the Chair of the ROUTES Council to establish and staff any resulting activities or working groups. The ROUTES Council shall meet bimonthly. 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. an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year; any recommendations to enhance the effectiveness of Department discretionary grant programs regarding rural and Tribal infrastructure issues; and other guides and reports for relevant groups and the public.” 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. 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; collaborate with and provide support on highly automated systems to all Operating Administrations of the Department of Transportation; and 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. 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. 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. 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.” coordinate human trafficking prevention efforts across modal administrations in the Department of Transportation and with other departments and agencies of the Federal Government; and in coordinating such efforts, take into account the unique challenges of combating human trafficking within different transportation modes.” 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. 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.” 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. 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.”