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49 U.S.C. § 104 — Federal Highway Administration

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 104 — Federal Highway Administration

**(a)** The Federal Highway Administration is an administration in the Department of Transportation. **(b)** (1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator. **(c)** The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. **(d)** Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.

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Stable record: federal_law:legal_authorities:record_usc_9fdc4820326b07a3e76d2142
Source file: Laws/federal/codes/united-states-code/title-49/section-104-federal-highway-administration--7df435025c.md
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Source location: Title 49, Chapter 1, § 104; chapter-001-organization.md

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**(a)** The Federal Highway Administration is an administration in the Department of Transportation. **(b)** (1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator. **(c)** The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. **(d)** Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges determined to be unreasonable obstructions to navigation under the Truman-Hobbs Act may be funded from amounts set aside from the discretionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 104 — Apportionment

**(a) Administrative Expenses.—** (1) **In general.—** — There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to be made available to the Secretary for administrative expenses of the Federal Highway Administration— (A) $490,964,697 for fiscal year 2022; (B) $500,783,991 for fiscal year 2023; (C) $510,799,671 for fiscal year 2024; (D) $521,015,664 for fiscal year 2025; and (E) $531,435,977 for fiscal year 2026. (2) **Purposes.—** — The amounts authorized to be appropriated by this subsection shall be used— (A) to administer the provisions of law to be funded from appropriations for the Federal-aid highway program and programs authorized under chapter 2; (B) to make transfers of such sums as the Secretary determines to be appropriate to the Appalachian Regional Commission for administrative activities associated with the Appalachian development highway system; and (C) to reimburse, as appropriate, the Office of Inspector General of the Department of Transportation for the conduct of annual audits of financial statements in accordance with [section 3521 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3521&num=0&edition=prelim). (3) **Availability.—** — The amounts made available under paragraph (1) shall remain available until expended. **(b) Division Among Programs of State’s Share of Base Apportionment.—** The Secretary shall distribute the amount of the base apportionment apportioned to a State for a fiscal year under subsection (c) among the national highway performance program, the surface transportation block grant program, the highway safety improvement program, the congestion mitigation and air quality improvement program, the national highway fr

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 113 — Federal Motor Carrier Safety Administration

**(a) In General.—** The Federal Motor Carrier Safety Administration shall be an administration of the Department of Transportation. **(b) Safety as Highest Priority.—** In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear intent, encouragement, and dedication of Congress to the furtherance of the highest degree of safety in motor carrier transportation. **(c) Administrator.—** The head of the Administration shall be the Administrator who shall be appointed by the President, by and with the advice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. **(d) Deputy Administrator.—** The Administration shall have a Deputy Administrator appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. **(e) Chief Safety Officer.—** The Administration shall have an Assistant Federal Motor Carrier Safety Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. **(f) Powers and Duties.—** The Administrator shall carry out— (1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 ([42 U.S.C. 4917](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section491

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Federal law — U.S. Code and appendices · legal_authorities

23 U.S.C. § 303 — Repealed. Pub. L. 112–141, div. A, title I, § 1519(b)(1)(A), July 6, 2012, 126 Stat. 575]

### Statutory Notes Section, added Pub. L. 102–240, title I, § 1034(a), Dec. 18, 1991, 105 Stat. 1977; amended Pub. L. 103–429, § 3(8), (9), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 104–59, title II, § 205(a), Nov. 28, 1995, 109 Stat. 576, related to management systems. A prior section 303, Pub. L. 85–767, Aug. 27, 1958, 72 Stat. 912; Pub. L. 87–392, § 1, Oct. 4, 1961, 75 Stat. 822; Pub. L. 88–426, title III, § 305(24), Aug. 14, 1964, 78 Stat. 425; Pub. L. 91–605, title I, § 114(a), Dec. 31, 1970, 84 Stat. 1722; Pub. L. 93–87, title I, § 152(4), Aug. 13, 1973, 87 Stat. 276, provided for administrative organization of the Federal Highway Administration, prior to repeal by Pub. L. 97–449, § 7(b), Jan. 12, 1983, 96 Stat. 2445. See [section 104 of Title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section104&num=0&edition=prelim), Transportation. #### Effective Date of Repeal Repeal effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under [section 101 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section101&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5314 — Positions at level III

Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5316 — Positions at level V

Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 104 — Federal Highway Administration

Page 26 TITLE 49—TRANSPORTATION § 104 Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percent- age of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Admin- istration certifies that adequate safeguards against pri- vate misuse exist, and that the service is necessary for direct support of the agency’s mission.’’ § 104. Federal Highway Administration (a) The Federal Highway Administration is an administration in the Department of Transpor- tation. (b)(1) The head of the Administration is the Administrator who is appointed by the Presi- dent, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out du- ties and powers prescribed by the Adminis- trator. (3) The Administration has an Assistant Fed- eral Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Admin- istrator is the chief engineer of the Administra- tion. The Assistant Administrator shall carry out duties and powers prescribed by the Admin- istrator. (c) The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety pro- grams, research, and development related to highway design, construction and mainte- nance, traff

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