49 U.S.C. § 105 — National Highway Traffic Safety Adminis-

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- Page 28 TITLE 49—TRANSPORTATION § 106 ture of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate an annual plan for the following calendar year detailing the Administration’s projected activi- ties, including— ‘‘(1) the Administrator’s policy priorities; ‘‘(2) any rulemakings projected to be commenced; ‘‘(3) any plans to develop guidelines; ‘‘(4) any plans to restructure the Administration or to establish or alter working groups; ‘‘(5) any planned projects or initiatives of the Ad- ministration, including the working groups and advi- sory committees of the Administration; and ‘‘(6) any projected dates or timetables associated with any of the items described in paragraphs (1) through (5).’’ NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION ELECTRONICS, SOFTWARE, AND ENGINEERING EXPERTISE Pub. L. 112–141, div. C, title I, § 31401, July 6, 2012, 126 Stat. 772, provided that: ‘‘(a) COUNCIL FOR VEHICLE ELECTRONICS, VEHICLE SOFTWARE, AND EMERGING TECHNOLOGIES.— ‘‘(1) IN GENERAL.—The Secretary [of Transpor- tation] shall establish, within the National Highway Traffic Safety Administration, a Council for Vehicle Electronics, Vehicle Software, and Emerging Tech- nologies (referred to in this section as the ‘Council’) to build, integrate, and aggregate the Administra- tion’s expertise in passenger motor vehicle elec- tronics and other new and emerging technologies. ‘‘(2) IMPLEMENTATION OF ROADMAP.—The Council shall research the inclusion of emerging lightweight plastic and composite technologies in motor vehicles to increase fuel efficiency, lower emissions, meet fuel economy standards, and enhance passenger motor ve- hicle safety through continued utilization of the Ad- ministration’s Plastic and Composite Intensive Vehi- cle Safety Roadmap (Report No. DOT HS 810 863). ‘‘(3) INTRA-AGENCY COORDINATION.—The Council shall coordinate with all components of the Adminis- tration responsible for vehicle safety, including re- search and development, rulemaking, and defects in- vestigation. ‘‘(b) HONORS RECRUITMENT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Secretary shall estab- lish, within the National Highway Traffic Safety Ad- ministration, an honors program for engineering stu- dents, computer science students, and other students interested in vehicle safety that will enable such stu- dents to train with engineers and other safety offi- cials for careers in vehicle safety. ‘‘(2) STIPEND.—The Secretary is authorized to pro- vide a stipend to any student during the student’s participation in the program established under para- graph (1). ‘‘(c) ASSESSMENT.—The Council, in consultation with affected stakeholders, shall periodically assess the im- plications of emerging safety technologies in passenger motor vehicles, including the effect of such tech- nologies on consumers, product availability, and cost.’’ § 106. Federal Aviation Administration (a) IN GENERAL.—The Federal Aviation Admin- istration is an administration in the Depart- ment of Transportation. (b) ADMINISTRATION LEADERSHIP.— (1) ADMINISTRATOR.— (A) IN GENERAL.—The head of the Adminis- tration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) QUALIFICATIONS.—The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomi- nation; and (iv) have experience in organizational management and a field directly related to aviation. (C) FITNESS.—In appointing an individual as Administrator, the President shall con- sider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) TERM OF OFFICE.—The term of office for any individual appointed as Administrator shall be 5 years. (E) REPORTING CHAIN.—Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) DEPUTY ADMINISTRATOR.— (A) IN GENERAL.—The Administrator has a Deputy Administrator, who shall be ap- pointed by the President. (B) QUALIFICATIONS.—The Deputy Adminis- trator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) FITNESS.—In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to serve, or when the of- fice of Administrator is vacant. (D) REPORTING CHAIN.—The Deputy Admin- istrator reports directly to the Adminis- trator. (E) DUTIES.—The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (F) COMPENSATION.— (i) ANNUAL RATE OF BASIC PAY.—The an- nual rate of basic pay of the Deputy Ad- ministrator shall be set by the Secretary but shall not exceed the annual rate of basic pay payable to the Administrator. (ii) EXCEPTION.—A retired regular officer of the Armed Forces serving as the Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as the Deputy Administrator and may elect to receive— (I) the pay provided for the Deputy Ad- ministrator under clause (i); or (II) the pay and allowances or the re- tired pay of the military grade held. (iii) REIMBURSEMENT OF EXPENSES.—If the Deputy Administrator elects to receive compensation described in clause (ii)(II), the Administration shall reimburse the ap- propriate military department from funds available for the expenses of the Adminis- tration. (3) LEADERSHIP OF THE ADMINISTRATION DE- FINED.—In this section, the term ‘‘leadership of the Administration’’ means— (A) the Administrator under paragraph (1); and