49 U.S.C. § 102 : US Code - Section 102: Department of Transportation

Search 49 U.S.C. § 102 : US Code - Section 102: Department of Transportation

(a) The Department of Transportation is an executive department
of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of
Transportation. The Secretary is appointed by the President, by and
with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation
appointed by the President, by and with the advice and consent of
the Senate. The Deputy Secretary -
(1) shall carry out duties and powers prescribed by the
Secretary; and
(2) acts for the Secretary when the Secretary is absent or
unable to serve or when the office of Secretary is vacant.
(d) The Department has an Under Secretary of Transportation for
Policy appointed by the President, by and with the advice and
consent of the Senate. The Under Secretary shall provide leadership
in the development of policy for the Department, supervise the
policy activities of Assistant Secretaries with primary
responsibility for aviation, international, and other
transportation policy development and carry out other powers and
duties prescribed by the Secretary. The Under Secretary acts for
the Secretary when the Secretary and the Deputy Secretary are
absent or unable to serve, or when the offices of Secretary and
Deputy Secretary are vacant.
(e) The Department has 4 Assistant Secretaries and a General
Counsel appointed by the President, by and with the advice and
consent of the Senate. The Department also has an Assistant
Secretary of Transportation for Administration appointed in the
competitive service by the Secretary, with the approval of the
President. They shall carry out duties and powers prescribed by the
Secretary. An Assistant Secretary or the General Counsel, in the
order prescribed by the Secretary, acts for the Secretary when the
Secretary, Deputy Secretary, and Under Secretary of Transportation
for Policy are absent or unable to serve, or when the offices of
the Secretary, Deputy Secretary, and Under Secretary of
Transportation for Policy are vacant.
(f) Deputy Assistant Secretary for Tribal Government Affairs. -
(1) Establishment. - In accordance with Federal policies
promoting Indian self determination, the Department of
Transportation shall have, within the office of the Secretary, a
Deputy Assistant Secretary for Tribal Government Affairs
appointed by the President to plan, coordinate, and implement the
Department of Transportation policy and programs serving Indian
tribes and tribal organizations and to coordinate tribal
transportation programs and activities in all offices and
administrations of the Department and to be a participant in any
negotiated rulemaking relating to, or having an impact on,
projects, programs, or funding associated with the tribal
transportation program.
(2) Reservation of trust obligations. -
(A) Responsibility of secretary. - In carrying out this
title, the Secretary shall be responsible to exercise the trust
obligations of the United States to Indians and Indian tribes
to ensure that the rights of a tribe or individual Indian are
protected.
(B) Preservation of united states responsibility. - Nothing
in this title shall absolve the United States from any
responsibility to Indians and Indian tribes, including
responsibilities derived from the trust relationship and any
treaty, executive order, or agreement between the United States
and an Indian tribe.
(g) The Department shall have a seal that shall be judicially
recognized.