§ 104. — Federal Highway Administration.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC104]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 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.
(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103-272,
Secs. 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104-
324, title I, Sec. 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L.
106-159, title I, Sec. 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.)
Historical and Revision Notes
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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104(a)................................ 49:1652(e)(1) (1st sentence Oct. 15, 1966, Pub. L. 89-670, Secs.
related to FHWA). 3(e) (related to FHWA) (1), (3), (4),
6(f)(3)(C) (related to FHWA), 80 Stat.
932, 940.
104(b)(1)............................. 49:1652(e) (related to FHWA)
(1) (less 1st sentence), (3)
(last sentence).
104(b)(2)............................. 23:303(a)(1) (1st, 2d
sentences).
104(b)(3)............................. 23:303(a)(1) (last sentence),
(b), (c).
104(c)................................ 49:1655(f)(3)(B). Oct. 15, 1966, Pub. L. 89-670, Sec.
6(f)(3)(B), 80 Stat. 940; Jan. 3,
1975, Pub. L. 93-633, Sec. 113(e)(2),
88 Stat. 2163.
23:401 (note). Sept. 9, 1966, Pub. L. 89-564, Sec.
201(b)(1), 80 Stat. 735; Oct. 15,
1966, Pub. L. 89-670, Sec. 8(h), 80
Stat. 943; restated Dec. 31, 1970,
Pub. L. 91-605, Sec. 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) (related to .......................................
FHWA).
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In subsection (b)(1), the words ``Each of these components'' are
omitted as surplus.
In subsection (b)(2), the words ``In addition to the Administrator
of the Federal Highway Administration authorized by section 3(e) of the
Department of Transportation 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
Secretary of Transportation.
In subsection (c), the source provisions are consolidated. The words
``The Administrator shall carry out duties and powers'' are substituted
for ``The Secretary shall carry out through the Federal Highway
Administration those provisions of the Highway Safety Act of 1966 . . .
for'' in 23:401 (note) and ``carry out the functions, powers, and duties
of the Secretary'' in 49:1655(f)(3)(B) as being more precise, to
eliminate unnecessary words, and for consistency. The words ``vested 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
appeal.
References in Text
The Truman-Hobbs Act, referred to in subsec. (d), is act June 21,
1940, ch. 409, 54 Stat. 497, as amended, also known as the Hobbs Bridge
Act, which is classified generally to subchapter II (Sec. 511 et seq.)
of chapter 11 of Title 33, Navigation and Navigable Waters. For complete
classification of this Act to the Code, see Tables.
Amendments
1999--Subsec. (c). Pub. L. 106-159, Sec. 101(c)(2)(A), substituted
``; and'' for the semicolon at end of par. (1), redesignated 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
chapters 5 and 315 of this title; and''.
Subsecs. (d), (e). Pub. L. 106-159, Sec. 101(c)(2)(B), (C),
redesignated subsec. (e) as (d) and struck out former subsec. (d) which
read as follows: ``A duty or power specified by subsection (c)(2) of
this section may be transferred 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 and involving notice and hearing required by
law is administratively final.''
1996--Subsec. (e). Pub. L. 104-324 added subsec. (e).
1994--Subsec. (b)(1). Pub. L. 103-272, Sec. 4(j)(2), substituted
``Administrator'' for ``Admininstrator'' before ``who is''.
Subsec. (c)(2). Pub. L. 103-272, Sec. 5(m)(2), substituted ``315''
for ``31''.
Effective Date of 1999 Amendment
Pub. L. 106-159, title I, Sec. 107(a), Dec. 9, 1999, 113 Stat. 1758,
provided that: ``This Act [see Tables for classification] 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 relating 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 Security, and the Department of
Homeland Security Reorganization 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, Sec. 1220, June 9, 1998, 112 Stat. 221,
provided that:
``(a) In General.--
``(1) Elimination.--The Secretary [of Transportation] shall
eliminate any programmatic decisionmaking responsibility of the
regional offices of the Federal Highway Administration for the
Federal-aid highway program as part of the Administration's efforts
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 extent 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 centers.
``(c) Report to Congress.--The Secretary shall transmit to the
Committee on Transportation and Infrastructure 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 implementation of
the plan transmitted under subsection (c) not later than December 31,
1998.''
Section Referred to in Other Sections
This section is referred to in section 322 of this title.
