49 U.S. Code § 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, Pub. L. 89–670, § 3(a), (c), (d), 80 Stat. 931. |
102(b) |
49:1652(a) (less 1st sentence). |
|
102(c) |
49:1652(b) (less words between parentheses). |
Oct 15, 1966, Pub. L. 89–670, § 3(b), 80 Stat. 931; Oct. 28, 1974, Pub. L. 93–496, § 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, § 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 (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.
The National Environmental Policy Act of 1969, referred to in subsec. (h)(6)(B)(iii)(III), (C)(i), is Pub. 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.
2024—Subsec. (e)(1). Pub. L. 118–63, § 501(1)(A), substituted “8” for “7” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 118–63, § 501(1)(B), substituted “an Assistant Secretary for Transportation Policy, and an Assistant Secretary for Aviation Consumer Protection” for “and an Assistant Secretary for Transportation Policy”.
Subsec. (j). Pub. L. 118–63, § 501(2), added subsec. (j).
2021—Subsec. (a). Pub. L. 117–58, § 25009(a)(1), inserted “(referred to in this section as the ‘Department’)” after “Transportation”.
Subsec. (b). Pub. L. 117–58, § 25009(a)(2), inserted “(referred to in this section as the ‘Secretary’)” after “Transportation” in first sentence.
Subsec. (e)(1). Pub. L. 117–58, § 14009(1)(A), substituted “7 Assistant” for “6 Assistant” in introductory provisions.
Subsec. (e)(1)(D), (E). Pub. L. 117–58, § 14009(1)(B)–(D), added subpar. (D) and redesignated former subpar. (D) as (E).
Subsec. (f). Pub. L. 117–58, § 14009(2), substituted “Office of Tribal Government Affairs” for “Deputy Assistant Secretary for Tribal Government Affairs” in heading.
Subsec. (f)(1). Pub. 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). Pub. L. 117–58, § 25009(a)(4), added subsec. (h). Former subsec. (h) redesignated (i) and subsequently struck out.
Subsec. (i). Pub. L. 117–58, § 25018(b), 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.”
Pub. L. 117–58, § 25009(a)(3), redesignated subsec. (h) as (i).
2015—Subsec. (e)(1). Pub. L. 114–94, § 6011(a)(1), substituted “6” for “5” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 114–94, § 6011(a)(2), inserted “an Assistant Secretary for Research and Technology,” after “Governmental Affairs,”.
2012—Subsec. (e). Pub. L. 112–166 inserted subsec. (e) heading, 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 heading, 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). Pub. L. 110–140 added subsec. (g) and redesignated former subsec. (g) as (h).
2005—Subsecs. (f), (g). Pub. 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). Pub. L. 107–295, § 215(a)(2), added subsec. (d). Former subsec. (d) redesignated (g).
Subsec. (e). Pub. 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). Pub. 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.”
Pub. L. 107–295, § 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).
Amendment by section 14009 of Pub. L. 117–58 effective Oct. 1, 2021, see section 10003 of Pub. L. 117–58, set out as a note under section 101 of Title 23, Highways.
Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Amendment by Pub. 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 Pub. L. 112–166, set out as a note under section 113 of Title 6, Domestic Security.
Amendment by Pub. L. 110–140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110–140, set out as an Effective Date note under section 1824 of Title 2, The Congress.
Pub. 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.
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 Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 117–58, div. B, title V, § 25010, Nov. 15, 2021, 135 Stat. 854, provided that:
Pub. L. 116–94, div. H, title I, § 105, Dec. 20, 2019, 133 Stat. 2938, provided that:
Pub. L. 115–99, § 2, Jan. 3, 2018, 131 Stat. 2242, provided that:
Pub. L. 110–140, title XI, § 1101(b), Dec. 19, 2007, 121 Stat. 1756, provided that:
Pub. L. 109–59, title V, § 5510, Aug. 10, 2005, 119 Stat. 1828, provided that:
Pub. L. 105–178, title V, § 5003, June 9, 1998, 112 Stat. 422, provided that:
Pub. 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.
Pub. 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, 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.