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, 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 deter- mined to be unreasonable obstructions to navi- gation under the Truman-Hobbs Act may be funded from amounts set aside from the discre- tionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 104(a) ......... 49:1652(e)(1) (1st sen- tence related to FHWA). Oct. 15, 1966, Pub. L. 89–670, §§ 3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (re- lated to FHWA), 80 Stat. 932, 940. 104(b)(1) ..... 49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 104(b)(2) ..... 23:303(a)(1) (1st, 2d sentences). 104(b)(3) ..... 23:303(a)(1) (last sen- tence), (b), (c). 104(c) ......... 49:1655(f)(3)(B). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93–633, § 113(e)(2), 88 Stat. 2163. 23:401 (note). Sept. 9, 1966, Pub. L. 89–564, § 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1740. 49:1652(e)(3) (related to FHWA) (less last sentence). 104(d) ......... 49:1652(e)(4) (related to FHWA). 49:1655(f)(3)(C) (re- lated to FHWA). In subsection (b)(1), the words ‘‘Each of these compo- nents’’ are omitted as surplus. In subsection (b)(2), the words ‘‘In addition to the Ad- ministrator of the Federal Highway Administration au- thorized by section 3(e) of the Department of Transpor- tation Act’’ in 23:303(a)(1) (1st sentence) are omitted as surplus. In subsection (b)(3), the words ‘‘in the competitive service’’ are substituted for ‘‘under the classified civil service’’ to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Sec- retary of Transportation. In subsection (c), the source provisions are consoli- dated. The words ‘‘The Administrator shall carry out duties and powers’’ are substituted for ‘‘The Secretary shall carry out through the Federal Highway Adminis- tration those provisions of the Highway Safety Act of 1966 . . . for’’ in 23:401 (note) and ‘‘carry out the func- tions, powers, and duties of the Secretary’’ in 49:1655(f)(3)(B) as being more precise, to eliminate un- necessary words, and for consistency. The words ‘‘vest- ed in the Secretary’’ are substituted for ‘‘as set forth in the statutes transferred to the Secretary’’ in 49:1655(f)(3)(B) for clarity and consistency. In subsection (d), the word ‘‘law’’ is substituted for ‘‘statute’’ in 49:1652(e)(4) for consistency. The words after ‘‘administratively final’’ in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to ap- peal. Editorial Notes REFERENCES IN TEXT The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, also known as the Hobbs Bridge Act, which is classified generally to sub- chapter II (§ 511 et seq.) of chapter 11 of Title 33, Navi- gation and Navigable Waters. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–159, § 101(c)(2)(A), sub- stituted ‘‘; and’’ for the semicolon at end of par. (1), re- designated par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘duties and powers related to motor carrier safety vested in the Secretary by chap- ters 5 and 315 of this title; and’’. Subsecs. (d), (e). Pub. L. 106–159, § 101(c)(2)(B), (C), re- designated subsec. (e) as (d) and struck out former sub- sec. (d) which read as follows: ‘‘A duty or power speci- fied by subsection (c)(2) of this section may be trans- ferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers Page 27 TITLE 49—TRANSPORTATION § 105 and involving notice and hearing required by law is ad- ministratively final.’’ 1996—Subsec. (e). Pub. L. 104–324 added subsec. (e). 1994—Subsec. (b)(1). Pub. L. 103–272, § 4(j)(2), sub- stituted ‘‘Administrator’’ for ‘‘Admininstrator’’ before ‘‘who is’’. Subsec. (c)(2). Pub. L. 103–272, § 5(m)(2), substituted ‘‘315’’ for ‘‘31’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–159, title I, § 107(a), Dec. 9, 1999, 113 Stat. 1758, provided that: ‘‘This Act [see Tables for classifica- tion] shall take effect on the date of the enactment of this Act [Dec. 9, 1999]; except that the amendments made by section 101 [enacting section 113 of this title and amending this section, sections 5314 and 5316 of Title 5, Government Organization and Employees, and section 104 of Title 23, Highways] shall take effect on January 1, 2000.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. ELIMINATION OF REGIONAL OFFICE RESPONSIBILITIES Pub. L. 105–178, title I, § 1220, June 9, 1998, 112 Stat. 221, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) ELIMINATION.—The Secretary [of Transpor- tation] shall eliminate any programmatic decision- making responsibility of the regional offices of the Federal Highway Administration for the Federal-aid highway program as part of the Administration’s ef- forts to restructure its field organization. ‘‘(2) ACTIVITIES.—In carrying out paragraph (1), the Secretary shall eliminate regional offices, create technical resource centers, and, to the maximum ex- tent practicable, delegate authority to State offices of the Federal Highway Administration. ‘‘(b) PREFERENCE.—In locating the technical resource centers, the Secretary shall give preference to cities that house, on the date of enactment of this Act [June 9, 1998], the Federal Highway Administration regional offices and are in locations that minimize the travel distance between the technical resource centers and the Federal Highway Administration division offices that will be served by the new technical resource cen- ters. ‘‘(c) REPORT TO CONGRESS.—The Secretary shall transmit to the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate a detailed implementation plan to carry out this section not later than September 30, 1998, and thereafter provide periodic progress reports on carrying out this section to such Committees. ‘‘(d) IMPLEMENTATION.—The Secretary shall begin im- plementation of the plan transmitted under subsection (c) not later than December 31, 1998.’’ § 105. National Highway Traffic Safety Adminis- tration (a) The National Highway Traffic Safety Ad- ministration is an administration in the Depart- ment of Transportation. (b) The head of the Administration is the Ad- ministrator who is appointed by the President, by and with the advice and consent of the Sen- ate. The Administration has a Deputy Adminis- trator who is appointed by the Secretary of Transportation, with the approval of the Presi- dent. (c) The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23, except those related to highway design, construction and mainte- nance, 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) The Secretary may carry out chapter 301 of this title through the Administrator. (e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, mainte- nance, and operation of highways. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, § 5(m)(3), July 5, 1994, 108 Stat. 1375.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 105 ............. 23:401 (note). Sept. 9, 1966, Pub. L. 89–564, § 201(a) (less pay of Admin- istrator and Deputy Ad- ministrator), (b)(2), (c), (d), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1739. In subsection (a), the words ‘‘The . . . is an adminis- tration in the’’ are substituted for ‘‘There is hereby es- tablished within the’’, in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (Pub. L. 89–564, 80 Stat. 731) to conform to other sections of the revised title. The words ‘‘(hereafter in this section referred to as the ‘Administration’)’’ are omitted as unnecessary. In subsection (c), the words ‘‘carry out . . . duties and powers . . . prescribed by the Secretary’’ are sub- stituted for ‘‘perform such duties as are delegated to him by the Secretary’’ to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for ‘‘highway safety programs, re- search and development not specifically referred to in paragraph (1) of this subsection’’, in section 201(b)(2) of the Highway Safety Act of 1966 for clarity. In subsection (d), the words ‘‘Administration . . . au- thorized by this section’’ are omitted as surplus. The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed. Editorial Notes AMENDMENTS 1994—Subsec. (d). Pub. L. 103–272 substituted ‘‘chapter 301 of this title’’ for ‘‘the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.)’’. Statutory Notes and Related Subsidiaries REQUIRED REPORTING OF NHTSA AGENDA Pub. L. 114–94, div. B, title XXIV, § 24401, Dec. 4, 2015, 129 Stat. 1720, provided that: ‘‘Not later than December 1 of the year beginning after the date of enactment of this Act [Dec. 4, 2015], and each year thereafter, the Ad- ministrator of the National Highway Traffic Safety Ad- ministration shall publish on the public website of the Administration, and file with the Committees on En- ergy and Commerce and Transportation and Infrastruc-