§ 102. — Department of Transportation.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC102]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 102. Department of Transportation
(a) The Department of Transportation 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.
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) 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 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.
(f) The Department shall have a seal that shall be judicially
recognized.
(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-557,
Sec. 26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103-272, Sec. 4(j)(1),
July 5, 1994, 108 Stat. 1365; Pub. L. 107-295, title II, Sec. 215(a),
(c), Nov. 25, 2002, 116 Stat. 2101, 2102.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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102(a)................................ 49:1652(a) (1st sentence). Oct. 15, 1966, Pub. L. 89-670, Sec.
3(a), (c), (d), 80 Stat. 931.
102(b)................................ 49:1652(a) (less 1st sentence).
102(c)................................ 49:1652(b) (less words between Oct 15, 1966, Pub. L. 89-670, Sec.
parentheses). 3(b), 80 Stat. 931; Oct. 28, 1974,
Pub. L. 93-496, Sec. 16(a), 88 Stat.
1533.
102(d)................................ 49:1652(b) (words between
parentheses), (c), (d).
102(e)................................ 49:1657(k). Oct. 15, 1966, Pub. L. 89-670, Sec.
9(k), 80 Stat. 946.
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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.
Amendments
2002--Subsec. (d). Pub. L. 107-295, Sec. 215(a)(2), added subsec.
(d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. L. 107-295, Sec. 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). Pub. L. 107-295, Sec. 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.''
Pub. L. 107-295, Sec. 215(a)(1), redesignated subsec. (d) as (g).
1994--Subsecs. (e), (f). Pub. L. 103-272 redesignated subsec. (e),
relating to judicial recognition of Department seal, as (f).
1984--Subsecs. (d), (e). Pub. L. 98-557 added subsec. (d) and
redesignated former subsec. (d), relating to Assistant Secretaries and
General Counsel, as (e).
Effective Date of 2002 Amendment
Pub. L. 107-295, title II, Sec. 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.
Notice
Pub. L. 105-178, title V, Sec. 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 of the House of Representatives and the
Committee on Environment and Public Works of the Senate.
``(b) 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 of the House of
Representatives and the Committee on Environment and Public Works of the
Senate.''
Surface Transportation Administration
Pub. L. 102-240, title V, Sec. 5004, Dec. 18, 1991, 105 Stat. 2160,
provided that:
``(a) Study.--Not later than 60 days after the date of the enactment
of this Act [Dec. 18, 1991], the Secretary shall 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
the effectiveness of program delivery, reduce costs, and improve
intermodal coordination among surface transportation-related agencies.
``(b) Report.--The Secretary shall report to Congress on the
findings of the study continued under subsection (a) and recommend
appropriate organizational changes no later than January 1, 1993. No
organizational changes shall be implemented until such changes are
approved by law.''
Person Holding Position of Associate Deputy Secretary Until April 15,
1985
Section 26(c) of Pub. L. 98-557 provided that: ``Notwithstanding any
other provision of law, until April 15, 1985, the position created by
subsection (a) of this section [adding subsec. (d) of this section] may
be held by a person named by the President alone from among qualified
individuals.''
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.
