49 U.S.C. § 102 — Department of Transportation

(a) The Department of Transportation, called "the Department" in this section, is an executive department of the U.S. government, based in the seat of government. (b) The Secretary of Transportation, called "the Secretary," leads the Department. The President appoints the Secretary, with the Senate's approval. (c) The Department has a Deputy Secretary of Transportation, also appointed by the President with Senate approval. The Deputy Secretary (1) carries out duties the Secretary assigns, and (2) acts for the Secretary when the Secretary is away, unable to serve, or when the Secretary's office is empty. (d) The Department has an Under Secretary of Transportation for Policy, appointed by the President with Senate approval. The Under Secretary leads policy development for the Department, oversees the Assistant Secretaries mainly responsible for aviation, international, and other transportation policy, and carries out other duties the Secretary assigns. The Under Secretary acts for the Secretary when both the Secretary and Deputy Secretary are away, unable to serve, or their offices are empty. (e) Assistant Secretaries and the General Counsel. (1) The Department has eight Assistant Secretaries and a General Counsel: (A) Assistant Secretaries for Aviation and International Affairs, Governmental Affairs, Research and Technology, Transportation Policy, and Aviation Consumer Protection — each appointed by the President with Senate approval; (B) an Assistant Secretary for Budget and Programs, appointed by the President; (C) an Assistant Secretary for Administration, appointed by the Secretary with the President's approval; (D) an Assistant Secretary for Tribal Government Affairs, appointed by the President; and (E) a General Counsel, appointed by the President with Senate approval. (2) These officers carry out duties the Secretary assigns. In an order the Secretary sets, an Assistant Secretary or the General Counsel acts for the Secretary when the Secretary, Deputy Secretary, and Under Secretary for Policy are all away, unable to serve, or their offices are empty. (f) Office of Tribal Government Affairs. (1) This office is created inside the Department, under the Assistant Secretary for Tribal Government Affairs. Its jobs are to: (A) oversee the tribal self-governance program under title 23, section 207; (B) plan, coordinate, and carry out policies and programs serving Indian Tribes and Tribal organizations; (C) coordinate Tribal transportation programs across all Department offices; and (D) take part in negotiated rulemakings that affect projects, programs, or funding tied to the Tribal transportation program under title 23, section 202. (2) The Secretary must uphold the United States' trust duties to Indian tribes and protect the rights of tribes and individual Indians. Nothing in this title removes the United States' responsibilities to Indians and Indian tribes, including those from treaties, executive orders, or agreements. (g) Office of Climate Change and Environment. (1) This office is created to plan, coordinate, and carry out: (A) department-wide research, strategies, and action — under the Department's existing legal authority — to cut transportation-related energy use and lessen climate change; and (B) department-wide research and action to address how climate change affects transportation systems and infrastructure. (2) The office must set up a clearinghouse of solutions, including cost-effective ways to cut congestion, that reduce air pollution and energy use and lessen climate change effects. (h) Interagency Infrastructure Permitting Improvement Center. (1) Definitions: "Center" means the Center created by this subsection; "project" means a project authorized or funded under this title, or under title 14, 23, 46, or 51. (2) The Center is created inside the Office of the Secretary. (3) Its purposes are: (A) to improve interagency coordination and speed up permitting and environmental review of major transportation projects, including building tech tools to track schedules and improving transparency; (B) to identify ways to assess environmental impacts and develop new mitigation methods; (C) to reduce uncertainty and delay in environmental review and permitting; and (D) to reduce costs and risks to taxpayers. (4) An Executive Director heads the Center, reports to the Under Secretary for Policy, manages the Center's daily work, and carries out other duties the Secretary assigns. (5) The Center's duties include: (A) coordinating priority permitting reforms; (B) supporting modernization and interagency pilot programs; (C) giving technical assistance and training to Department staff; (D) tracking metrics for permit timeliness and outcomes; (E) running online transparency tools for tracking, scheduling, sharing best practices, and mapping geospatial data; and (F) reporting to the Secretary on progress toward faster permitting and better outcomes for communities and the environment. (6) The Center must also develop innovative best practices: (A) working with Department offices and outside partners to promote better project delivery; and (B) supporting environmental review and permitting — including by serving as liaison to the Council on Environmental Quality and the Federal Permitting Improvement Steering Council, supporting the National Surface Transportation and Innovative Finance Bureau on certain programs, and leading efforts on other programs by coordinating agencies, training staff, and tracking permitting metrics under the National Environmental Policy Act. (C) At a project sponsor's request, the Center — or, for certain Bureau-run programs, the Bureau itself — must give technical help with complying with the National Environmental Policy Act and other federal approval requirements. (i) Chief Travel and Tourism Officer. (1) This position is created in the Office of the Secretary. (2) This officer works with the Assistant Secretary for Aviation and International Affairs to carry out (A) the National Travel and Tourism Infrastructure Strategic Plan required by a 2016 law, and (B) other travel and tourism matters involving the Department. (j) Office of Aviation Consumer Protection. (1) This office is created to enforce the Department's aviation consumer protection and civil rights laws, including under section 41712, in order to (A) help, inform, and protect passengers, and (B) monitor compliance, investigate, and enforce the law — with support from lawyers in the Office of the General Counsel — including taking action against violations. (2) An Assistant Secretary for Aviation Consumer Protection heads this office. (3) Within 180 days after Congress funds this new office, the old aviation consumer protection unit inside the Office of the General Counsel must be shut down, and the Secretary must decide which employees are needed and transfer them to the new office. (4) The Assistant Secretary must coordinate with the General Counsel on legal matters involving aviation consumer protection and this office's duties. (5) Each year, the Assistant Secretary must send the Secretary a report — which the Secretary must send to Congress and post publicly — that (A) looks at trends in aviation consumer protection, civil rights, and licensing, (B) identifies the biggest problems passengers face, and (C) covers other issues the Assistant Secretary thinks matter. (6) Congress authorizes money for this office: $12 million for 2024, $13 million for 2025, $14 million for 2026, $15 million for 2027, and $16 million for 2028.