US (United States) Code. Title 49. Subtitle I. Chapter 1: Organization

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 1 - ORGANIZATION 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

CHAPTER 1 - ORGANIZATION

-MISC1-

Sec.

101. Purpose.

102. Department of Transportation.

103. Federal Railroad Administration.

104. Federal Highway Administration.

105. National Highway Traffic Safety Administration.

106. Federal Aviation Administration.

107. Federal Transit Administration.

108. Coast Guard.

109. Maritime Administration.

110. Saint Lawrence Seaway Development Corporation.

111. Bureau of Transportation Statistics.

112. Research and Special Programs Administration.

113. Federal Motor Carrier Safety Administration.

114. Transportation Security Administration.

115. Transportation Security Oversight Board.

AMENDMENTS

2001 - Pub. L. 107-71, title I, Secs. 101(b), 102(d), Nov. 19,

2001, 115 Stat. 602, 605, added items 114 and 115.

1999 - Pub. L. 106-159, title I, Sec. 101(c)(1), Dec. 9, 1999,

113 Stat. 1751, added item 113.

1994 - Pub. L. 103-272, Sec. 4(j)(5)(B), July 5, 1994, 108 Stat.

1366, as amended by Pub. L. 103-429, Sec. 7(a)(3)(C), Oct. 31,

1994, 108 Stat. 4388, struck out first item 110 "St. Lawrence

Seaway Development Corporation".

1992 - Pub. L. 102-508, title IV, Sec. 401(b), Oct. 24, 1992, 106

Stat. 3310, added item 112.

1991 - Pub. L. 102-240, title III, Sec. 3004(c)(3), title VI,

Sec. 6006(c), Dec. 18, 1991, 105 Stat. 2088, 2174, substituted

"Federal Transit Administration" for "Urban Mass Transportation

Administration" in item 107 and added second item 110 and item 111.

-End-

-CITE-

49 USC Sec. 101 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 101. Purpose

-STATUTE-

(a) The national objectives of general welfare, economic growth

and stability, and security of the United States require the

development of transportation policies and programs that contribute

to providing fast, safe, efficient, and convenient transportation

at the lowest cost consistent with those and other national

objectives, including the efficient use and conservation of the

resources of the United States.

(b) A Department of Transportation is necessary in the public

interest and to -

(1) ensure the coordinated and effective administration of the

transportation programs of the United States Government;

(2) make easier the development and improvement of coordinated

transportation service to be provided by private enterprise to

the greatest extent feasible;

(3) encourage cooperation of Federal, State, and local

governments, carriers, labor, and other interested persons to

achieve transportation objectives;

(4) stimulate technological advances in transportation, through

research and development or otherwise;

(5) provide general leadership in identifying and solving

transportation problems; and

(6) develop and recommend to the President and Congress

transportation policies and programs to achieve transportation

objectives considering the needs of the public, users, carriers,

industry, labor, and national defense.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 102-240,

title VI, Sec. 6018, Dec. 18, 1991, 105 Stat. 2183.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

101(a) 49:1651(a). Oct. 15, 1966, Pub. L.

89-670, Sec. 2(a), (b)(1),

80 Stat. 931.

101(b) 49:1651(b)(1).

--------------------------------------------------------------------

In subsections (a) and (b), the introductory declaratory words

are omitted as surplus.

In subsection (a), the words "national objectives of" are

inserted for clarity. The words "United States" are substituted for

"Nation" and "Nation's", respectively, for consistency. The word

"contribute" is substituted for "conducive" because the substituted

word is more commonly used. The word "those" is substituted for

"utilization".

In subsection (b)(2), the word "greatest" is substituted for

"maximum" for consistency.

In subsection (b)(3) and (6), the word "national" is omitted

before "transportation" as unnecessary and for consistency.

In subsection (b)(3), the word "persons" is substituted for

"parties" as being more precise.

In subsection (b)(6), the words "transportation objectives" are

substituted for "these objectives" for clarity and consistency. The

words "full and appropriate" and "for approval" are omitted as

surplus.

AMENDMENTS

1991 - Subsec. (b)(4). Pub. L. 102-240 inserted ", through

research and development or otherwise" after "advances in

transportation".

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-159, Sec. 1(a), Dec. 9, 1999, 113 Stat. 1748,

provided that: "This Act [see Tables for classification] may be

cited as the 'Motor Carrier Safety Improvement Act of 1999'."

SHORT TITLE OF 1995 AMENDMENT

Pub. L. 104-88, Sec. 1(a), Dec. 29, 1995, 109 Stat. 803, provided

that: "This Act [see Tables for classification] may be cited as the

'ICC Termination Act of 1995'."

SHORT TITLE OF 1994 AMENDMENT

Pub. L. 103-411, Sec. 1, Oct. 25, 1994, 108 Stat. 4236, provided

that: "This Act [amending sections 1118, 1131, and 40102 of this

title and enacting provisions set out as notes under sections 1131

and 40109 of this title] may be cited as the 'Independent Safety

Board Act Amendments of 1994'."

SHORT TITLE OF 1991 AMENDMENT

Section 1 of Pub. L. 102-240 provided that: "This Act [see Tables

for classification] may be cited as the 'Intermodal Surface

Transportation Efficiency Act of 1991'."

CONGRESSIONAL DECLARATION OF POLICY REGARDING NATIONAL INTERMODAL

TRANSPORTATION SYSTEM

Section 2 of Pub. L. 102-240, which provided that it was the

policy of the United States to develop a National Intermodal

Transportation System consisting of all forms of transportation in

a unified, interconnected manner, a National Highway System,

improvements in public transportation achieving goals for improved

air quality, energy conservation, international competitiveness,

and mobility for elderly persons, persons with disabilities, and

economically disadvantaged persons, was repealed and reenacted as

section 5501 of this title by Pub. L. 103-272, Secs. 1(d), 7(b),

July 5, 1994, 108 Stat. 848, 1379.

-CROSS-

"SECRETARY" DEFINED

Pub. L. 106-159, Sec. 2, Dec. 9, 1999, 113 Stat. 1749, provided

that: "In this Act [see Tables for classification], the term

'Secretary' means the Secretary of Transportation."

Section 3 of Pub. L. 102-240 provided that: "As used in this Act

[see Short Title of 1991 Amendment note set out above], the term

'Secretary' means the Secretary of Transportation."

-End-

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49 USC Sec. 102 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 102. Department of Transportation

-STATUTE-

(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) The Department shall have a seal that shall be judicially

recognized.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-557, Sec.

26(a), Oct. 30, 1984, 98 Stat. 2873; Pub. L. 103-272, Sec. 4(j)(1),

July 5, 1994, 108 Stat. 1365; Pub. L. 107-295, title II, Sec.

215(a), (c), Nov. 25, 2002, 116 Stat. 2101, 2102.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

102(a) 49:1652(a) (1st Oct. 15, 1966, Pub. L.

sentence). 89-670, Sec. 3(a), (c), (d),

80 Stat. 931.

102(b) 49:1652(a) (less

1st sentence).

102(c) 49:1652(b) (less Oct 15, 1966, Pub. L.

words between 89-670, Sec. 3(b), 80 Stat.

parentheses). 931; Oct. 28, 1974, Pub. L.

93-496, Sec. 16(a), 88 Stat.

1533.

102(d) 49:1652(b) (words

between

parentheses), (c),

(d).

102(e) 49:1657(k). Oct. 15, 1966, Pub. L.

89-670, Sec. 9(k), 80 Stat.

946.

--------------------------------------------------------------------

In subsection (a), the words "There is hereby established" and

"to be known as" are omitted as executed. The words "(hereafter

referred to in this chapter as the 'Department')" are omitted as

unnecessary because of the style used in codifying the revised

title. The words "of the United States Government" are added for

clarity.

In subsection (b), the words "(hereafter referred to in this

chapter as the 'Secretary')" are omitted as unnecessary because of

the style used in codifying the revised title.

In subsection (c), the words "carry out duties and powers" and

"acts for" are substituted for "act for and exercise the powers of"

and "perform such functions, powers, and duties", respectively, for

consistency and to eliminate surplus words. The words "unable to

serve" are substituted for "disability" for consistency and

clarity.

In subsection (d), the words "in the competitive service" are

substituted for "under the classified civil service" to conform to

5:2102. The words "from time to time" are omitted as surplus. The

words "acts for" are substituted for "act for, and exercise the

powers of" for consistency and to eliminate surplus words. The

words "when the Secretary and the Deputy Secretary are absent or

unable to serve, or when the offices of Secretary and Deputy

Secretary are vacant" are substituted for "during the absence or

disability of the Deputy Secretary, or in the event of a vacancy in

the office of a Deputy Secretary" as being more precise and for

consistency.

In subsection (e), the words "The Secretary shall cause a . . .

of office" and "of such device" are omitted as unnecessary because

of the restatement. The words "as he shall approve" are omitted as

unnecessary because subsection (b) of the section establishes the

Secretary of Transportation as the head of the Department of

Transportation.

AMENDMENTS

2002 - Subsec. (d). Pub. L. 107-295, Sec. 215(a)(2), added

subsec. (d). Former subsec. (d) redesignated (g).

Subsec. (e). Pub. L. 107-295, Sec. 215(a)(3), which directed the

substitution of "Secretary, Deputy Secretary, and Under Secretary

of Transportation for Policy" for "Secretary and the Deputy

Secretary" each place it appears in last sentence, was executed by

making substitution for "Secretary and the Deputy Secretary" before

"are absent" and for "Secretary and Deputy Secretary" before "are

vacant", to reflect the probable intent of Congress.

Subsec. (g). Pub. L. 107-295, Sec. 215(c), struck out subsec. (g)

which read as follows: "The Department has an Associate Deputy

Secretary appointed by the President, by and with the advice and

consent of the Senate. The Associate Deputy Secretary shall carry

out powers and duties prescribed by the Secretary."

Pub. L. 107-295, Sec. 215(a)(1), redesignated subsec. (d) as (g).

1994 - Subsecs. (e), (f). Pub. L. 103-272 redesignated subsec.

(e), relating to judicial recognition of Department seal, as (f).

1984 - Subsecs. (d), (e). Pub. L. 98-557 added subsec. (d) and

redesignated former subsec. (d), relating to Assistant Secretaries

and General Counsel, as (e).

EFFECTIVE DATE OF 2002 AMENDMENT

Pub. L. 107-295, title II, Sec. 215(c), Nov. 25, 2002, 116 Stat.

2102, provided that the amendment to this section made by section

215(c) is effective on the date that an individual is appointed to

the position of Under Secretary of Transportation for Policy under

subsection (d) of this section. On Mar. 19, 2003, the United States

Senate confirmed the appointment of the first Under Secretary of

Transportation for Policy.

NOTICE

Pub. L. 105-178, title V, Sec. 5003, June 9, 1998, 112 Stat. 422,

provided that:

"(a) Notice of Reprogramming. - If any funds authorized for

carrying out this title [see Tables for classification] or the

amendments made by this title are subject to a reprogramming action

that requires notice to be provided to the Committees on

Appropriations of the House of Representatives and the Senate,

notice of such action shall concurrently be provided to the

Committee on Transportation and Infrastructure and the Committee on

Science of the House of Representatives and the Committee on

Environment and Public Works of the Senate.

"(b) Notice of Reorganization. - On or before the 15th day

preceding the date of any major reorganization of a program,

project, or activity of the Department of Transportation for which

funds are authorized by this title or the amendments made by this

title, the Secretary shall provide notice of such reorganization to

the Committee on Transportation and Infrastructure and the

Committee on Science of the House of Representatives and the

Committee on Environment and Public Works of the Senate."

SURFACE TRANSPORTATION ADMINISTRATION

Pub. L. 102-240, title V, Sec. 5004, Dec. 18, 1991, 105 Stat.

2160, provided that:

"(a) Study. - Not later than 60 days after the date of the

enactment of this Act [Dec. 18, 1991], the Secretary shall enter

into an agreement with the National Academy of Public

Administration to continue a study of options for organizing the

Department of Transportation to increase the effectiveness of

program delivery, reduce costs, and improve intermodal coordination

among surface transportation-related agencies.

"(b) Report. - The Secretary shall report to Congress on the

findings of the study continued under subsection (a) and recommend

appropriate organizational changes no later than January 1, 1993.

No organizational changes shall be implemented until such changes

are approved by law."

PERSON HOLDING POSITION OF ASSOCIATE DEPUTY SECRETARY UNTIL APRIL

15, 1985

Section 26(c) of Pub. L. 98-557 provided that: "Notwithstanding

any other provision of law, until April 15, 1985, the position

created by subsection (a) of this section [adding subsec. (d) of

this section] may be held by a person named by the President alone

from among qualified individuals."

-EXEC-

EX. ORD. NO. 11340. EFFECTIVE DATE

Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:

By virtue of the authority vested in me as President of the

United States by Section 15 [renumbered section 16] of the

Department of Transportation Act (Public Law 89-670, approved

October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed

as the date on which the Department of Transportation Act shall

take effect.

Lyndon B. Johnson.

-End-

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49 USC Sec. 103 01/06/03

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TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 103. Federal Railroad Administration

-STATUTE-

(a) The Federal Railroad Administration is an administration in

the Department of Transportation. To carry out all railroad safety

laws of the United States, the Administration is divided on a

geographical basis into at least 8 safety offices. The Secretary of

Transportation is responsible for all acts taken under those laws

and for ensuring that the laws are uniformly administered and

enforced among the safety offices.

(b) 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.

(c) The Administrator shall carry out -

(1) duties and powers related to railroad safety vested in the

Secretary by section 20134(c) and chapters 203-211 of this title,

and chapter 213 of this title in carrying out chapters 203-211;

and

(2) additional duties and powers prescribed by the Secretary.

(d) A duty or power specified by subsection (c)(1) 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.

(e) Subject to the provisions of subtitle I of title 40 and title

III of the Federal Property and Administrative Services Act of 1949

(41 U.S.C. 251 et seq.), the Secretary of Transportation may make,

enter into, and perform such contracts, grants, leases, cooperative

agreements, and other similar transactions with Federal or other

public agencies (including State and local governments) and private

organizations and persons, and make such payments, by way of

advance or reimbursement, as the Secretary may determine to be

necessary or appropriate to carry out functions of the Federal

Railroad Administration. The authority of the Secretary granted by

this subsection shall be carried out by the Administrator.

Notwithstanding any other provision of this chapter, no authority

to enter into contracts or to make payments under this subsection

shall be effective, except as provided for in appropriations Acts.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(1),

July 5, 1994, 108 Stat. 1375; Pub. L. 103-440, title II, Sec. 216,

Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107-217, Sec. 3(n)(1), Aug.

21, 2002, 116 Stat. 1302.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

103(a) 49:1652(e)(1) (1st Oct. 15, 1966, Pub. L.

sentence related to 89-670, Secs. 3(e) (related

FRA). to FRA) (1), (3), (4),

6(f)(3)(C) (related to FRA),

80 Stat. 932, 940.

49:1652a. July 8, 1976, Pub. L.

94-348, Sec. 6, 90 Stat. 820.

103(b) 49:1652(e) (related

to FRA) (1) (2d,

last sentences),

(3) (last sentence).

103(c) 49:1655(f)(3)(A). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(f)(3)(A), 80

Stat. 940; Aug. 22, 1972,

Pub. L. 92-401, Sec. 6, 86

Stat. 617; Jan. 3, 1975,

Pub. L. 93-633, Sec.

113(e)(1), 88 Stat. 2163.

49:1652(e)(3)

(related to FRA)

(less last

sentence).

103(d) 49:1652(e)(4)

(related to FRA).

49:1655(f)(3)(C)

(related to FRA).

--------------------------------------------------------------------

In subsection (a), the words "To carry out" are substituted for

"for purposes of administering and enforcing" in 49:1652a for

consistency and to eliminate surplus words. The words "under those

laws" are substituted for "pursuant to Federal railroad safety

laws" to eliminate surplus words. The words "is responsible" are

substituted for "shall retain full and final responsibility" and

"shall be responsible" to eliminate surplus words. The words "and

for the establishment of all policies with respect to

implementation of such laws" are omitted as surplus.

In subsection (b), the words "Each of these components" are

omitted as surplus.

In subsection (c), the words "vested in the Secretary" are

substituted for "as set forth in the statutes transferred to the

Secretary" in 49:1655(f)(3)(A) for clarity and consistency. The

words "section 6(e)(1), (2), and (6)(A) of the Department of

Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))" are

substituted for "subsection (e) of this section (other than

subsection (e)(4) of this section)" in 49:1655(f)(3)(A) for

clarity.

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 a right

to appeal.

PUB. L. 103-272

Section 5(m)(1) amends 49:103(c)(1) to include a reference to

section 20134(c) of the revised title. The reference is included

because 45:445 on which section 20134(c) is based provides that the

duties and powers under that provision are to be carried out by the

Administrator of the Federal Railroad Administration rather than

the Secretary of Transportation.

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (e), is act June 30, 1949, ch. 288, 63 Stat.

377, as amended. Title III of the Act is classified generally to

subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public

Contracts. For complete classification of this Act to the Code, see

Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (e). Pub. L. 107-217 inserted "subtitle I of title

40 and title III of" before "the Federal Property" and substituted

"(41 U.S.C. 251 et seq.)" for "(40 U.S.C. 471 et seq.)".

1994 - Subsec. (c)(1). Pub. L. 103-272 substituted "section

20134(c) and chapters 203-211 of this title, and chapter 213 of

this title in carrying out chapters 203-211" for "section 6(e)(1),

(2), and (6)(A) of the Department of Transportation Act (49 App.

U.S.C. 1655(e)(1), (2), and (6)(A))".

Subsec. (e). Pub. L. 103-440 added subsec. (e).

1984 - Subsec. (c)(1). Pub. L. 98-216 substituted "49 App.

U.S.C." for "49 U.S.C.".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

49 USC Sec. 104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 104. Federal Highway Administration

-STATUTE-

(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.

-SOURCE-

(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.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

104(a) 49:1652(e)(1) (1st Oct. 15, 1966, Pub. L.

sentence related to 89-670, Secs. 3(e) (related

FHWA). 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).

--------------------------------------------------------------------

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.

-REFTEXT-

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.

-MISC2-

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."

-TRANS-

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.

-MISC3-

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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 322 of this title.

-End-

-CITE-

49 USC Sec. 105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 105. National Highway Traffic Safety Administration

-STATUTE-

(a) The National Highway Traffic Safety Administration is an

administration in the Department of Transportation.

(b) 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 Administration has a Deputy Administrator who is

appointed by the Secretary of Transportation, with the approval of

the President.

(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 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) 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,

maintenance, and operation of highways.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103-272,

Sec. 5(m)(3), July 5, 1994, 108 Stat. 1375.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

105 23:401 (note). Sept. 9, 1966, Pub. L.

89-564, Sec. 201(a) (less

pay of Administrator and

Deputy Administrator),

(b)(2), (c), (d), 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. 1739.

--------------------------------------------------------------------

In subsection (a), the words "The . . . is an administration in

the" are substituted for "There is hereby established 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 substituted 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, research

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 . . . authorized by

this section" are omitted as surplus.

The text of section 201(d) of the Highway Safety Act of 1966 is

omitted as executed.

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.)".

-End-

-CITE-

49 USC Sec. 106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 106. Federal Aviation Administration

-STATUTE-

(a) The Federal Aviation Administration is an administration in

the Department of Transportation.

(b) The head of the Administration is the Administrator. The

Administration has a Deputy Administrator. They are appointed by

the President, by and with the advice and consent of the Senate.

When making an appointment, the President shall consider the

fitness of the individual to carry out efficiently the duties and

powers of the office. Except as provided in subsection (f) or in

other provisions of law, the Administrator reports directly to the

Secretary of Transportation. The term of office for any individual

appointed as Administrator after August 23, 1994, shall be 5 years.

(c) The Administrator must -

(1) be a citizen of the United States;

(2) be a civilian; and

(3) have experience in a field directly related to aviation.

(d)(1) The Deputy Administrator must be a citizen of the United

States and have experience in a field directly related to aviation.

An officer on active duty in an armed force may be appointed as

Deputy Administrator. However, if the Administrator is a former

regular officer of an armed force, the Deputy Administrator may not

be an officer on active duty in an armed force, a retired regular

officer of an armed force, or a former regular officer of an armed

force.

(2) An officer on active duty or a retired officer serving as

Deputy Administrator is entitled to hold a rank and grade not lower

than that held when appointed as Deputy Administrator. The Deputy

Administrator may elect to receive (A) the pay provided by law for

the Deputy Administrator, or (B) the pay and allowances or the

retired pay of the military grade held. If the Deputy Administrator

elects to receive the military pay and allowances or retired pay,

the Administration shall reimburse the appropriate military

department from funds available for the expenses of the

Administration.

(3) The appointment and service of a member of the armed forces

as a Deputy Administrator does not affect the status, office, rank,

or grade held by that member, or a right or benefit arising from

the status, office, rank, or grade. The Secretary of a military

department does not control the member when the member is carrying

out duties and powers of the Deputy Administrator.

(e) The Administrator and the Deputy Administrator may not have a

pecuniary interest in, or own stock in or bonds of, an aeronautical

enterprise, or engage in another business, vocation, or employment.

(f) Authority of the Secretary and the Administrator. -

(1) Authority of the secretary. - Except as provided in

paragraph (2), the Secretary of Transportation shall carry out

the duties and powers, and controls the personnel and activities,

of the Administration. Neither the Secretary nor the

Administrator may submit decisions for the approval of, or be

bound by the decisions or recommendations of, a committee, board,

or organization established by executive order.

(2) Authority of the administrator. - The Administrator -

(A) is the final authority for carrying out all functions,

powers, and duties of the Administration relating to -

(i) the appointment and employment of all officers and

employees of the Administration (other than Presidential and

political appointees);

(ii) the acquisition and maintenance of property and

equipment of the Administration;

(iii) except as otherwise provided in paragraph (3), the

promulgation of regulations, rules, orders, circulars,

bulletins, and other official publications of the

Administration; and

(iv) any obligation imposed on the Administrator, or power

conferred on the Administrator, by the Air Traffic Management

System Performance Improvement Act of 1996 (or any amendment

made by that Act);

(B) shall offer advice and counsel to the President with

respect to the appointment and qualifications of any officer or

employee of the Administration to be appointed by the President

or as a political appointee;

(C) may delegate, and authorize successive redelegations of,

to an officer or employee of the Administration any function,

power, or duty conferred upon the Administrator, unless such

delegation is prohibited by law; and

(D) except as otherwise provided for in this title, and

notwithstanding any other provision of law, shall not be

required to coordinate, submit for approval or concurrence, or

seek the advice or views of the Secretary or any other officer

or employee of the Department of Transportation on any matter

with respect to which the Administrator is the final authority.

(3) Regulations. -

(A) In general. - In the performance of the functions of the

Administrator and the Administration, the Administrator is

authorized to issue, rescind, and revise such regulations as

are necessary to carry out those functions. The issuance of

such regulations shall be governed by the provisions of chapter

5 of title 5. The Administrator shall act upon all petitions

for rulemaking no later than 6 months after the date such

petitions are filed by dismissing such petitions, by informing

the petitioner of an intention to dismiss, or by issuing a

notice of proposed rulemaking or advanced notice of proposed

rulemaking. The Administrator shall issue a final regulation,

or take other final action, not later than 16 months after the

last day of the public comment period for the regulations or,

in the case of an advanced notice of proposed rulemaking, if

issued, not later than 24 months after the date of publication

in the Federal Register of notice of the proposed rulemaking.

On February 1 and August 1 of each year the Administrator shall

submit to the Committee on Transportation and Infrastructure of

the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a letter listing each

deadline the Administrator missed under this subparagraph

during the 6-month period ending on such date, including an

explanation for missing the deadline and a projected date on

which the action that was subject to the deadline will be

taken.

(B) Approval of secretary of transportation. - (i) The

Administrator may not issue a proposed regulation or final

regulation that is likely to result in the expenditure by

State, local, and tribal governments in the aggregate, or by

the private sector, of $250,000,000 or more (adjusted annually

for inflation beginning with the year following the date of the

enactment of the Wendell H. Ford Aviation Investment and Reform

Act for the 21st Century) in any year, or any regulation which

is significant, unless the Secretary of Transportation approves

the issuance of the regulation in advance. For purposes of this

paragraph, a regulation is significant if the Administrator, in

consultation with the Secretary (as appropriate), determines

that the regulation is likely to -

(I) have an annual effect on the economy of $250,000,000 or

more or adversely affect in a substantial and material way

the economy, a sector of the economy, productivity,

competition, jobs, the environment, public health or safety,

or State, local, or tribal governments or communities; or

(II) raise novel or significant legal or policy issues

arising out of legal mandates that may substantially and

materially affect other transportation modes.

(ii) In an emergency, the Administrator may issue a

regulation described in clause (i) without prior approval by

the Secretary, but any such emergency regulation is subject to

ratification by the Secretary after it is issued and shall be

rescinded by the Administrator within 5 days (excluding

Saturdays, Sundays, and legal public holidays) after issuance

if the Secretary fails to ratify its issuance.

(iii) Any regulation that does not meet the criteria of

clause (i), and any regulation or other action that is a

routine or frequent action or a procedural action, may be

issued by the Administrator without review or approval by the

Secretary.

(iv) The Administrator shall submit a copy of any regulation

requiring approval by the Secretary under clause (i) to the

Secretary, who shall either approve it or return it to the

Administrator with comments within 45 days after receiving it.

(C) Periodic review. - (i) Beginning on the date which is 3

years after the date of the enactment of the Air Traffic

Management System Performance Improvement Act of 1996, the

Administrator shall review any unusually burdensome regulation

issued by the Administrator after such date of enactment

beginning not later than 3 years after the effective date of

the regulation to determine if the cost assumptions were

accurate, the benefit of the regulations, and the need to

continue such regulations in force in their present form.

(ii) The Administrator may identify for review under the

criteria set forth in clause (i) unusually burdensome

regulations that were issued before the date of the enactment

of the Air Traffic Management System Performance Improvement

Act of 1996 and that have been in force for more than 3 years.

(iii) For purposes of this subparagraph, the term "unusually

burdensome regulation" means any regulation that results in the

annual expenditure by State, local, and tribal governments in

the aggregate, or by the private sector, of $25,000,000 or more

(adjusted annually for inflation beginning with the year

following the date of the enactment of the Air Traffic

Management System Performance Act of 1996) in any year.

(iv) The periodic review of regulations may be performed by

advisory committees and the Management Advisory Council

established under subsection (p).

(4) Definition of political appointee. - For purposes of this

subsection, the term "political appointee" means any individual

who -

(A) is employed in a position listed in sections 5312 through

5316 of title 5 (relating to the Executive Schedule);

(B) is a limited term appointee, limited emergency appointee,

or noncareer appointee in the Senior Executive Service, as

defined under paragraphs (5), (6), and (7), respectively, of

section 3132(a) of title 5; or

(C) is employed in a position in the executive branch of the

Government of a confidential or policy-determining character

under schedule C of subpart C of part 213 of title 5 of the

Code of Federal Regulations.

(g) Duties and Powers of Administrator. - (1) Except as provided

in paragraph (2) of this subsection, the Administrator shall carry

out -

(A) duties and powers of the Secretary of Transportation under

subsection (f) of this section related to aviation safety (except

those related to transportation, packaging, marking, or

description of hazardous material) and stated in sections 308(b),

1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b),

40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,

chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3),

44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515),

chapter 447 (except sections 44717, 44718(a), 44718(b), 44719,

44720, 44721(b), 44722, and 44723), chapter 449 (except sections

44903(d), 44904, 44905, 44907-44911, 44913, 44915, and

44931-44934), chapter 451, chapter 453, sections 46104, 46301(d)

and (h)(2), 46303(c), 46304-46308, 46310, 46311, and 46313-46316,

chapter 465, and sections 47504(b) (related to flight

procedures), 47508(a), and 48107 of this title; and

(B) additional duties and powers prescribed by the Secretary of

Transportation.

(2) In carrying out sections 40119, 44901, 44903(a)-(c) and (e),

44906, 44912, 44935-44937, 44938(a) and (b), and 48107 of this

title, paragraph (1)(A) of this subsection does not apply to duties

and powers vested in the Director of Intelligence and Security by

section 44931 (!1) of this title.

(h) Section 40101(d) of this title applies to duties and powers

specified in subsection (g)(1) of this section. Any of those duties

and powers 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 is

administratively final.

(i) The Deputy Administrator shall carry out duties and powers

prescribed by the Administrator. The Deputy Administrator acts for

the Administrator when the Administrator is absent or unable to

serve, or when the office of the Administrator is vacant.

(j) There is established within the Federal Aviation

Administration an institute to conduct civil aeromedical research

under section 44507 of this title. Such institute shall be known as

the "Civil Aeromedical Institute". Research conducted by the

institute should take appropriate advantage of capabilities of

other government agencies, universities, or the private sector.

(k) Authorization of Appropriations for Operations. -

(1) In general. - There is authorized to be appropriated to the

Secretary of Transportation for operations of the Administration

-

(A) such sums as may be necessary for fiscal year 2000;

(B) $6,592,235,000 for fiscal year 2001;

(C) $6,886,000,000 for fiscal year 2002; and

(D) $7,357,000,000 for fiscal year 2003.

Such sums shall remain available until expended.

(2) Authorized expenditures. - Out of amounts appropriated

under paragraph (1), the following expenditures are authorized:

(A) $450,000 for each of fiscal years 2000 through 2003 for

wildlife hazard mitigation measures and management of the

wildlife strike database of the Federal Aviation

Administration.

(B) $9,100,000 for the 3-fiscal-year period beginning with

fiscal year 2001 to support a university consortium established

to provide an air safety and security management certificate

program, working cooperatively with the Federal Aviation

Administration and United States air carriers, except that

funds under this subparagraph -

(i) may not be used for the construction of a building or

other facility; and

(ii) may only be awarded on the basis of open competition.

(C) Such sums as may be necessary for fiscal years 2000

through 2003 to support infrastructure systems development for

both general aviation and the vertical flight industry.

(D) Such sums as may be necessary for fiscal years 2000

through 2003 to establish helicopter approach procedures using

current technologies (such as the Global Positioning System) to

support all-weather, emergency medical service for trauma

patients.

(E) Such sums as may be necessary for fiscal years 2000

through 2003 to revise existing terminal and en route

procedures and instrument flight rules to facilitate the

takeoff, flight, and landing of tiltrotor aircraft and to

improve the national airspace system by separating such

aircraft from congested flight paths of fixed-wing aircraft.

(F) $3,300,000 for fiscal year 2000 and $3,000,000 for each

of fiscal years 2001 through 2003 to implement the 1998 airport

surface operations safety action plan of the Federal Aviation

Administration.

(G) $9,100,000 for fiscal year 2001 to support air safety

efforts through payment of United States membership obligations

in the International Civil Aviation Organization, to be paid as

soon as practicable.

(H) Such sums as may be necessary for fiscal years 2000

through 2003 for the Secretary to hire additional inspectors in

order to enhance air cargo security programs.

(I) Such sums as may be necessary for fiscal years 2000

through 2003 to develop and improve training programs

(including model training programs and curriculum) for security

screening personnel at airports that will be used by airlines

to meet regulatory requirements relating to the training and

testing of such personnel.

(l) Personnel and Services. -

(1) Officers and employees. - Except as provided in subsections

(a) and (g) of section 40122, the Administrator is authorized, in

the performance of the functions of the Administrator, to

appoint, transfer, and fix the compensation of such officers and

employees, including attorneys, as may be necessary to carry out

the functions of the Administrator and the Administration. In

fixing compensation and benefits of officers and employees, the

Administrator shall not engage in any type of bargaining, except

to the extent provided for in section 40122(a), nor shall the

Administrator be bound by any requirement to establish such

compensation or benefits at particular levels.

(2) Experts and consultants. - The Administrator is authorized

to obtain the services of experts and consultants in accordance

with section 3109 of title 5.

(3) Transportation and per diem expenses. - The Administrator

is authorized to pay transportation expenses, and per diem in

lieu of subsistence expenses, in accordance with chapter 57 of

title 5.

(4) Use of personnel from other agencies. - The Administrator

is authorized to utilize the services of personnel of any other

Federal agency (as such term is defined under section 551(1) of

title 5).

(5) Voluntary services. -

(A) General rule. - In exercising the authority to accept

gifts and voluntary services under section 326 of this title,

and without regard to section 1342 of title 31, the

Administrator may not accept voluntary and uncompensated

services if such services are used to displace Federal

employees employed on a full-time, part-time, or seasonal

basis.

(B) Incidental expenses. - The Administrator is authorized to

provide for incidental expenses, including transportation,

lodging, and subsistence, for volunteers who provide voluntary

services under this subsection.

(C) Limited treatment as federal employees. - An individual

who provides voluntary services under this subsection shall not

be considered a Federal employee for any purpose other than for

purposes of chapter 81 of title 5, relating to compensation for

work injuries, and chapter 171 of title 28, relating to tort

claims.

(6) Contracts. - The Administrator is authorized to enter into

and perform such contracts, leases, cooperative agreements, or

other transactions as may be necessary to carry out the functions

of the Administrator and the Administration. The Administrator

may enter into such contracts, leases, cooperative agreements,

and other transactions with any Federal agency (as such term is

defined in section 551(1) of title 5) or any instrumentality of

the United States, any State, territory, or possession, or

political subdivision thereof, any other governmental entity, or

any person, firm, association, corporation, or educational

institution, on such terms and conditions as the Administrator

may consider appropriate.

(m) Cooperation by Administrator. - With the consent of

appropriate officials, the Administrator may, with or without

reimbursement, use or accept the services, equipment, personnel,

and facilities of any other Federal agency (as such term is defined

in section 551(1) of title 5) and any other public or private

entity. The Administrator may also cooperate with appropriate

officials of other public and private agencies and

instrumentalities concerning the use of services, equipment,

personnel, and facilities. The head of each Federal agency shall

cooperate with the Administrator in making the services, equipment,

personnel, and facilities of the Federal agency available to the

Administrator. The head of a Federal agency is authorized,

notwithstanding any other provision of law, to transfer to or to

receive from the Administration, without reimbursement, supplies,

personnel, services, and equipment other than administrative

supplies or equipment.

(n) Acquisition. -

(1) In general. - The Administrator is authorized -

(A) to acquire (by purchase, lease, condemnation, or

otherwise), construct, improve, repair, operate, and maintain -

(i) air traffic control facilities and equipment;

(ii) research and testing sites and facilities; and

(iii) such other real and personal property (including

office space and patents), or any interest therein, within

and outside the continental United States as the

Administrator considers necessary;

(B) to lease to others such real and personal property; and

(C) to provide by contract or otherwise for eating facilities

and other necessary facilities for the welfare of employees of

the Administration at the installations of the Administration,

and to acquire, operate, and maintain equipment for these

facilities.

(2) Title. - Title to any property or interest therein acquired

pursuant to this subsection shall be held by the Government of

the United States.

(o) Transfers of Funds. - The Administrator is authorized to

accept transfers of unobligated balances and unexpended balances of

funds appropriated to other Federal agencies (as such term is

defined in section 551(1) of title 5) to carry out functions

transferred by law to the Administrator or functions transferred

pursuant to law to the Administrator on or after the date of the

enactment of the Air Traffic Management System Performance

Improvement Act of 1996.

(p) Management Advisory Council. -

(1) Establishment. - Within 3 months after the date of the

enactment of the Air Traffic Management System Performance

Improvement Act of 1996, the Administrator shall establish an

advisory council which shall be known as the Federal Aviation

Management Advisory Council (in this subsection referred to as

the "Council"). With respect to Administration management,

policy, spending, funding, and regulatory matters affecting the

aviation industry, the Council may submit comments, recommended

modifications, and dissenting views to the Administrator. The

Administrator shall include in any submission to Congress, the

Secretary, or the general public, and in any submission for

publication in the Federal Register, a description of the

comments, recommended modifications, and dissenting views

received from the Council, together with the reasons for any

differences between the views of the Council and the views or

actions of the Administrator.

(2) Membership. - The Council shall consist of 18 members, who

shall consist of -

(A) a designee of the Secretary of Transportation;

(B) a designee of the Secretary of Defense;

(C) 10 members representing aviation interests, appointed by

-

(i) in the case of initial appointments to the Council, the

President by and with the advice and consent of the Senate;

and

(ii) in the case of subsequent appointments to the Council,

the Secretary of Transportation;

(D) 1 member appointed, from among individuals who are the

leaders of their respective unions of air traffic control

system employees, by -

(i) in the case of initial appointments to the Council, the

President by and with the advice and consent of the Senate;

and

(ii) in the case of subsequent appointments to the Council,

the Secretary of Transportation; and

(E) 5 members appointed by the Secretary after consultation

with the Committee on Transportation and Infrastructure of the

House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate.

(3) Qualifications. -

(A) No federal officer or employee. - No member appointed

under paragraph (2)(C) or (2)(E) may serve as an officer or

employee of the United States Government while serving as a

member of the Council.

(B) Air traffic services subcommittee. - Members appointed

under paragraph (2)(E) shall -

(i) have a fiduciary responsibility to represent the public

interest;

(ii) be citizens of the United States; and

(iii) be appointed without regard to political affiliation

and solely on the basis of their professional experience and

expertise in one or more of the following areas:

(I) Management of large service organizations.

(II) Customer service.

(III) Management of large procurements.

(IV) Information and communications technology.

(V) Organizational development.

(VI) Labor relations.

At least one of such members should have a background in

managing large organizations successfully. In the aggregate,

such members should collectively bring to bear expertise in all

of the areas described in subclauses (I) through (VI).

(C) Prohibitions on members of subcommittee. - No member

appointed under paragraph (2)(E) may -

(i) have a pecuniary interest in, or own stock in or bonds

of, an aviation or aeronautical enterprise, except an

interest in a diversified mutual fund or an interest that is

exempt from the application of section 208 of title 18;

(ii) engage in another business related to aviation or

aeronautics; or

(iii) be a member of any organization that engages, as a

substantial part of its activities, in activities to

influence aviation-related legislation.

(4) Functions. -

(A) In general. - (i) The Council shall provide advice and

counsel to the Administrator on issues which affect or are

affected by the operations of the Administrator. The Council

shall function as an oversight resource for management, policy,

spending, and regulatory matters under the jurisdiction of the

Administration.

(ii) The Council shall review the rulemaking cost-benefit

analysis process and develop recommendations to improve the

analysis and ensure that the public interest is fully

protected.

(iii) The Council shall review the process through which the

Administration determines to use advisory circulars and service

bulletins.

(B) Meetings. - The Council shall meet on a regular and

periodic basis or at the call of the chairman or of the

Administrator.

(C) Access to documents and staff. - The Administration may

give the Council appropriate access to relevant documents and

personnel of the Administration, and the Administrator shall

make available, consistent with the authority to withhold

commercial and other proprietary information under section 552

of title 5 (commonly known as the "Freedom of Information

Act"), cost data associated with the acquisition and operation

of air traffic service systems. Any member of the Council who

receives commercial or other proprietary data from the

Administrator shall be subject to the provisions of section

1905 of title 18, pertaining to unauthorized disclosure of such

information.

(5) Federal advisory committee act not to apply. - The Federal

Advisory Committee Act (5 U.S.C. App.) does not apply to the

Council or such aviation rulemaking committees as the

Administrator shall designate.

(6) Administrative matters. -

(A) Terms of members appointed under paragraph (2)(c). -

Members of the Council appointed under paragraph (2)(C) shall

be appointed for a term of 3 years. Of the members first

appointed by the President under paragraph (2)(C) -

(i) 3 shall be appointed for terms of 1 year;

(ii) 4 shall be appointed for terms of 2 years; and

(iii) 3 shall be appointed for terms of 3 years.

(B) Term for air traffic control representative. - The member

appointed under paragraph (2)(D) shall be appointed for a term

of 3 years, except that the term of such individual shall end

whenever the individual no longer meets the requirements of

paragraph (2)(D).

(C) Terms for air traffic services subcommittee members. -

The member appointed under paragraph (2)(E) shall be appointed

for a term of 5 years, except that of the members first

appointed under paragraph (2)(E) -

(i) 2 members shall be appointed for a term of 3 years;

(ii) 2 members shall be appointed for a term of 4 years;

and

(iii) 1 member shall be appointed for a term of 5 years.

(D) Reappointment. - An individual may not be appointed under

paragraph (2)(E) to more than two 5-year terms.

(E) Vacancy. - Any vacancy on the Council shall be filled in

the same manner as the original appointment, except that any

vacancy caused by a member appointed by the President under

paragraph (2)(C)(i) shall be filled by the Secretary in

accordance with paragraph (2)(C)(ii). Any member appointed to

fill a vacancy occurring before the expiration of the term for

which the member's predecessor was appointed shall be appointed

for the remainder of that term.

(F) Continuation in office. - A member whose term expires

shall continue to serve until the date on which the member's

successor takes office.

(G) Removal. - Any member of the Council appointed under

paragraph (2)(D) may be removed for cause by the President or

Secretary whoever makes the appointment. Any member of the

Council appointed under paragraph (2)(E) may be removed for

cause by the Secretary.

(H) Claims against members of subcommittee. -

(i) In general. - A member appointed under paragraph (2)(E)

shall have no personal liability under Federal law with

respect to any claim arising out of or resulting from an act

or omission by such member within the scope of service as a

member of the Air Traffic Services Subcommittee.

(ii) Effect on other law. - This subparagraph shall not be

construed -

(I) to affect any other immunity or protection that may

be available to a member of the Subcommittee under

applicable law with respect to such transactions;

(II) to affect any other right or remedy against the

United States under applicable law; or

(III) to limit or alter in any way the immunities that

are available under applicable law for Federal officers and

employees.

(I) Ethical considerations. -

(i) Financial disclosure. - During the entire period that

an individual appointed under paragraph (2)(E) is a member of

the Subcommittee, such individual shall be treated as serving

as an officer or employee referred to in section 101(f) of

the Ethics in Government Act of 1978 for purposes of title I

of such Act; except that section 101(d) of such Act shall

apply without regard to the number of days of service in the

position.

(ii) Restrictions on post-employment. - For purposes of

section 207(c) of title 18, an individual appointed under

paragraph (2)(E) shall be treated as an employee referred to

in section 207(c)(2)(A)(i) of such title during the entire

period the individual is a member of the Subcommittee; except

that subsections (c)(2)(B) and (f) of section 207 of such

title shall not apply.

(J) Chairman; vice chairman. - The Council shall elect a

chair and a vice chair from among the members appointed under

paragraph (2)(C), each of whom shall serve for a term of 1

year. The vice chair shall perform the duties of the chairman

in the absence of the chairman.

(K) Travel and per diem. - Each member of the Council shall

be paid actual travel expenses, and per diem in lieu of

subsistence expenses when away from his or her usual place of

residence, in accordance with section 5703 of title 5.

(L) Detail of personnel from the administration. - The

Administrator shall make available to the Council such staff,

information, and administrative services and assistance as may

reasonably be required to enable the Council to carry out its

responsibilities under this subsection.

(7) Air traffic services subcommittee. -

(A) In general. - The Management Advisory Council shall have

an air traffic services subcommittee (in this paragraph

referred to as the "Subcommittee") composed of the five members

appointed under paragraph (2)(E).

(B) General responsibilities. -

(i) Oversight. - The Subcommittee shall oversee the

administration, management, conduct, direction, and

supervision of the air traffic control system.

(ii) Confidentiality. - The Subcommittee shall ensure that

appropriate confidentiality is maintained in the exercise of

its duties.

(C) Specific responsibilities. - The Subcommittee shall have

the following specific responsibilities:

(i) Strategic plans. - To review, approve, and monitor the

strategic plan for the air traffic control system, including

the establishment of -

(I) a mission and objectives;

(II) standards of performance relative to such mission

and objectives, including safety, efficiency, and

productivity; and

(III) annual and long-range strategic plans.

(ii) Modernization and improvement. - To review and approve

-

(I) methods to accelerate air traffic control

modernization and improvements in aviation safety related

to air traffic control; and

(II) procurements of air traffic control equipment in

excess of $100,000,000.

(iii) Operational plans. - To review the operational

functions of the air traffic control system, including -

(I) plans for modernization of the air traffic control

system;

(II) plans for increasing productivity or implementing

cost-saving measures; and

(III) plans for training and education.

(iv) Management. - To -

(I) review and approve the Administrator's appointment of

a Chief Operating Officer under section 106(r);

(II) review the Administrator's selection, evaluation,

and compensation of senior executives of the Administration

who have program management responsibility over significant

functions of the air traffic control system;

(III) review and approve the Administrator's plans for

any major reorganization of the Administration that would

impact on the management of the air traffic control system;

(IV) review and approve the Administrator's cost

accounting and financial management structure and

technologies to help ensure efficient and cost-effective

air traffic control operation; and

(V) review the performance and compensation of managers

responsible for major acquisition projects, including the

ability of the managers to meet schedule and budget

targets.

(v) Budget. - To -

(I) review and approve the budget request of the

Administration related to the air traffic control system

prepared by the Administrator;

(II) submit such budget request to the Secretary; and

(III) ensure that the budget request supports the annual

and long-range strategic plans.

The Secretary shall submit the budget request referred to in

clause (v)(II) for any fiscal year to the President who shall

transmit such request, without revision, to the Committees on

Transportation and Infrastructure and Appropriations of the

House of Representatives and the Committees on Commerce,

Science, and Transportation and Appropriations of the Senate,

together with the President's annual budget request for the

Federal Aviation Administration for such fiscal year.

(D) Subcommittee personnel matters. -

(i) Compensation of members. - Each member of the

Subcommittee shall be compensated at a rate of $25,000 per

year.

(ii) Compensation of chairperson. - Notwithstanding clause

(i), the chairperson of the Subcommittee shall be compensated

at a rate of $40,000 per year.

(iii) Staff. - The chairperson of the Subcommittee may

appoint and terminate any personnel that may be necessary to

enable the Subcommittee to perform its duties.

(iv) Procurement of temporary and intermittent services. -

The chairperson of the Subcommittee may procure temporary and

intermittent services under section 3109(b) of title 5,

United States Code.

(E) Administrative matters. -

(i) Term of chair. - The members of the Subcommittee shall

elect for a 2-year term a chairperson from among the members

of the Subcommittee.

(ii) Powers of chair. - Except as otherwise provided by a

majority vote of the Subcommittee, the powers of the

chairperson shall include -

(I) establishing committees;

(II) setting meeting places and times;

(III) establishing meeting agendas; and

(IV) developing rules for the conduct of business.

(iii) Meetings. - The Subcommittee shall meet at least

quarterly and at such other times as the chairperson

determines appropriate.

(iv) Quorum. - Three members of the Subcommittee shall

constitute a quorum. A majority of members present and voting

shall be required for the Subcommittee to take action.

(F) Reports. -

(i) Annual. - The Subcommittee shall each year report with

respect to the conduct of its responsibilities under this

title to the Administrator, the Council, the Committee on

Transportation and Infrastructure of the House of

Representatives, and the Committee on Commerce, Science, and

Transportation of the Senate.

(ii) Additional report. - If a determination by the

Subcommittee under subparagraph (B)(i) that the organization

and operation of the air traffic control system are not

allowing the Administration to carry out its mission, the

Subcommittee shall report such determination to the

Administrator, the Council, the Committee on Transportation

and Infrastructure of the House of Representatives, and the

Committee on Commerce, Science, and Transportation of the

Senate.

(iii) Action of administrator on report. - Not later than

60 days after the date of a report of the Subcommittee under

this subparagraph, the Administrator shall take action with

respect to such report. If the Administrator overturns a

recommendation of the Subcommittee, the Administrator shall

report such action to the President, the Committee on

Transportation and Infrastructure of the House of

Representatives, and the Committee on Commerce, Science, and

Transportation of the Senate.

(iv) Comptroller general's report. - Not later than April

30, 2003, the Comptroller General of the United States shall

transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the

Committee on Commerce, Science, and Transportation of the

Senate a report on the success of the Subcommittee in

improving the performance of the air traffic control system.

(8) Air traffic control system defined. - In this section, the

term "air traffic control system" has the meaning such term has

under section 40102(a).

(q) Aircraft Noise Ombudsman. -

(1) Establishment. - There shall be in the Administration an

Aircraft Noise Ombudsman.

(2) General duties and responsibilities. - The Ombudsman shall

-

(A) be appointed by the Administrator;

(B) serve as a liaison with the public on issues regarding

aircraft noise; and

(C) be consulted when the Administration proposes changes in

aircraft routes so as to minimize any increases in aircraft

noise over populated areas.

(3) Number of full-time equivalent employees. - The appointment

of an Ombudsman under this subsection shall not result in an

increase in the number of full-time equivalent employees in the

Administration.

(r) Chief Operating Officer. -

(1) In general. -

(A) Appointment. - There shall be a Chief Operating Officer

for the air traffic control system to be appointed by the

Administrator, with the approval of the Air Traffic Services

Subcommittee of the Aviation Management Advisory Council. The

Chief Operating Officer shall report directly to the

Administrator and shall be subject to the authority of the

Administrator.

(B) Qualifications. - The Chief Operating Officer shall have

a demonstrated ability in management and knowledge of or

experience in aviation.

(C) Term. - The Chief Operating Officer shall be appointed

for a term of 5 years.

(D) Removal. - The Chief Operating Officer shall serve at the

pleasure of the Administrator, except that the Administrator

shall make every effort to ensure stability and continuity in

the leadership of the air traffic control system.

(E) Vacancy. - Any individual appointed to fill a vacancy in

the position of Chief Operating Officer occurring before the

expiration of the term for which the individual's predecessor

was appointed shall be appointed for the remainder of that

term.

(2) Compensation. -

(A) In general. - The Chief Operating Officer shall be paid

at an annual rate of basic pay to be determined by the

Administrator, with the approval of the Air Traffic Services

Subcommittee of the Aviation Management Advisory Council. The

annual rate may not exceed the annual compensation paid under

section 102 of title 3. The Chief Operating Officer shall be

subject to the post-employment provisions of section 207 of

title 18 as if the position of Chief Operating Officer were

described in section 207(c)(2)(A)(i) of that title.

(B) Bonus. - In addition to the annual rate of basic pay

authorized by subparagraph (A), the Chief Operating Officer may

receive a bonus for any calendar year not to exceed 30 percent

of the annual rate of basic pay, based upon the Administrator's

evaluation of the Chief Operating Officer's performance in

relation to the performance goals set forth in the performance

agreement described (!2) paragraph (3).

(3) Annual performance agreement. - The Administrator and the

Chief Operating Officer, in consultation with the Air Traffic

Control Subcommittee of the Aviation Management Advisory

Committee, shall enter into an annual performance agreement that

sets forth measurable organization and individual goals for the

Chief Operating Officer in key operational areas. The agreement

shall be subject to review and renegotiation on an annual basis.

(4) Annual performance report. - The Chief Operating Officer

shall prepare and transmit to the Secretary of Transportation and

Congress an annual management report containing such information

as may be prescribed by the Secretary.

(5) Responsibilities. - The Administrator may delegate to the

Chief Operating Officer, or any other authority within the

Administration responsibilities, including the following:

(A) Strategic plans. - To develop a strategic plan of the

Administration for the air traffic control system, including

the establishment of -

(i) a mission and objectives;

(ii) standards of performance relative to such mission and

objectives, including safety, efficiency, and productivity;

(iii) annual and long-range strategic plans; and

(iv) methods of the Administration to accelerate air

traffic control modernization and improvements in aviation

safety related to air traffic control.

(B) Operations. - To review the operational functions of the

Administration, including -

(i) modernization of the air traffic control system;

(ii) increasing productivity or implementing cost-saving

measures; and

(iii) training and education.

(C) Budget. - To -

(i) develop a budget request of the Administration related

to the air traffic control system prepared by the

Administrator;

(ii) submit such budget request to the Administrator and

the Secretary of Transportation; and

(iii) ensure that the budget request supports the annual

and long-range strategic plans developed under subparagraph

(A) of this subsection.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2416; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100-591, Sec. 5(a), Nov.

3, 1988, 102 Stat. 3013; Pub. L. 101-508, title IX, Sec. 9106, Nov.

5, 1990, 104 Stat. 1388-355; Pub. L. 101-604, title I, Sec. 101(c),

Nov. 16, 1990, 104 Stat. 3068; Pub. L. 102-581, title I, Sec. 104,

Oct. 31, 1992, 106 Stat. 4877; Pub. L. 103-272, Secs. 4(j)(3),

5(m)(4), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 103-305, title

I, Sec. 103, title II, Sec. 201, Aug. 23, 1994, 108 Stat. 1571,

1581; Pub. L. 104-264, title I, Sec. 103(a), title II, Secs.

223(a), 224-230, 276(c), title XII, Sec. 1210, Oct. 9, 1996, 110

Stat. 3216, 3229-3234, 3282; Pub. L. 104-287, Sec. 5(1), Oct. 11,

1996, 110 Stat. 3388; Pub. L. 105-102, Sec. 3(c)(3), Nov. 20, 1997,

111 Stat. 2215; Pub. L. 106-6, Sec. 4, Mar. 31, 1999, 113 Stat. 10;

Pub. L. 106-181, title I, Sec. 103(a), title III, Secs. 302(a)-(c),

303, 305, 306, 307(c)(1), title VII, Sec. 701, Apr. 5, 2000, 114

Stat. 66, 115-118, 121, 123, 124, 126, 154; Pub. L. 106-528, Sec.

8(a), Nov. 22, 2000, 114 Stat. 2522; Pub. L. 107-71, title I, Sec.

101(c)(3), (d), Nov. 19, 2001, 115 Stat. 602, 603.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

106(a) 49:1341(a) (1st Aug. 23, 1958, Pub. L.

sentence). 85-726, Secs. 301(a), (b),

302(a), (b), 72 Stat. 744;

Aug. 14, 1964, Pub. L.

88-426, Sec. 305(16) (B),

(C), 78 Stat. 424.

49:1652(e)(1) Oct. 15, 1966, Pub. L.

(related to FAA). 89-670, Sec. 3(e) (related

to FAA), 80 Stat. 932.

106(b) 49:1341(a) (2d

sentence), (b) (1st

sentence less

1st-10th words).

49:1342(a) (1st

sentence), (b) (1st

sentence less

1st-11th words).

49:1652(e) (related

to FAA) (1) (less

1st sentence), (3)

(last sentence).

106(c) 49:1341(b) (1st

sentence 1st-10th

words, 2d sentence).

49:1652(e)(2)

(related to

Administrator).

106(d) 49:1342(b) (1st

sentence 1st-11th

words, 2d sentence,

4th-6th sentences).

49:1652(e)(2) (1st

sentence less

Administrator).

49:1343(a)(2) Aug. 23, 1958, Pub. L.

(related to Deputy 85-726, Sec. 302(c)(2)

Administrator). (related to Deputy

Administrator), 72 Stat. 745.

106(e) 49:1341(b) (less

1st, 2d sentences).

49:1342(b) (3d

sentence).

106(f) 49:1341(a) (less

1st, 2d sentences).

106(g) 49:1652(e)(3)

(related to FAA)

(less last

sentence).

49:1655(c)(1) (1st Oct. 15, 1966, Pub. L.

sentence proviso). 89-670, Sec. 6(c)(1) (1st

sentence proviso, 2d, last

sentences), 80 Stat. 938;

Jan. 3, 1975, Pub. L.

93-633, Sec. 113(d), 88

Stat. 2163.

106(h) 49:1652(e)(4)

(related to FAA).

49:1655(c)(1) (2d,

last sentences).

106(i) 49:1342(a) (2d,

last sentences).

--------------------------------------------------------------------

In subsections (a) and (b), the source provisions are combined

for clarity.

In subsection (a), the words "referred to in this chapter as the

'Administration' " are omitted because of the style of the revised

title.

In subsection (b), the word "due" in 49:1342(b) (1st sentence

less 1st-11th words) is omitted as surplus. The words "the duties

and powers" are substituted for "the powers and duties vested in

and imposed upon him by this chapter" to eliminate surplus words

and for consistency. The word "consider" is substituted for "with .

. . regard to" for clarity.

In subsections (c) and (d), the words "At the time of his

nomination" are omitted as unnecessary and for consistency.

In subsection (c), the text of 49:1652(e)(2) (last sentence) is

omitted as executed.

In subsection (d)(1), the words "Nothing in this chapter or other

law shall preclude" in 49:1342(b) (4th sentence) are omitted as

unnecessary because of the positive statement of authority. The

words "armed force" are substituted for "armed services" to conform

to title 10. The words "to the position of" are omitted as surplus.

In subsection (d)(2), the word "continue" is omitted as surplus.

The words "pay provided by law for the Deputy Administrator" are

substituted for "compensation provided for the Deputy

Administrator" in 49:1342(b) because the pay provisions were

repealed and replaced by 5:5315. The words "(including personal

money allowance)" are omitted as being within the meaning of

"allowance" in title 37. The words "as the case may be" are omitted

as surplus. The words "of the military grade held" are substituted

for "military . . . payable to a commissioned officer of his grade

and length of service" to eliminate unnecessary words. The words

"Administration" and "military" are added for clarity. The words

"to defray" are omitted as surplus.

In subsection (d)(3), the words "acceptance of, and" are omitted

as unnecessary. The word "held" is substituted for "may occupy or

hold" to eliminate unnecessary words. The words "right or benefit"

are substituted for "emolument, perquisite, right, privilege, or

benefit" to eliminate unnecessary words. The words "incident to or"

before "arising" are omitted as surplus.

In subsection (f), the word "Secretary" is substituted for

"Administrator" because of the transfer of aviation functions to

the Secretary under 49:1655(c)(1). The words "In the exercise of

his duties and the discharge of his responsibilities under this

chapter" are omitted as surplus.

In subsection (g), the words "are hereby transferred to" in

49:1655(c)(1) are omitted as executed. The words "carry out" are

substituted for "it shall be his duty to exercise" in 49:1655(c)(1)

for clarity, consistency, and to eliminate surplus words. The words

"In addition to such functions, powers, and duties as are specified

in this chapter" in 49:1652(e)(3) are omitted as unnecessary

because of the restatement.

In subsection (h), the first sentence is substituted for

49:1655(c)(1) (2d sentence) for clarity and consistency. The word

"law" is substituted for "statute" in 49:1652(e)(4) for

consistency. The words "carrying out" in 49:1655(c)(1) (last

sentence) are substituted for "the exercise of" for consistency.

The words after "administratively final" are omitted as unnecessary

because of the restatement of the revised title and those laws

giving a right of appeal.

In subsection (i), the words "and exercise the powers of" are

omitted as surplus. The words "when the office of the Administrator

is vacant" are inserted to conform to section 102 of the revised

title.

PUB. L. 103-272

Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers

of the Secretary of Transportation that the Administrator of the

Federal Aviation Administration carries out. The duties and powers

are derived from 2 sources. Some were transferred by former 49

App.:1655(c)(1), restated as 49:106 in section 1 of the Act of

January 12, 1983 (Public Law 97-449, 96 Stat. 2417). The others are

from laws enacted after October 15, 1966, in which the duties and

powers are to be carried out by the Administrator rather than the

Secretary.

-REFTEXT-

REFERENCES IN TEXT

The Air Traffic Management System Performance Improvement Act of

1996, referred to in subsec. (f)(2)(A)(iv), is title II of Pub. L.

104-264, Oct. 9, 1996, 110 Stat. 3227. For complete classification

of this Act to the Code, see Short Title of 1996 Amendment note set

out under section 40101 of this title and Tables.

The date of the enactment of the Wendell H. Ford Aviation

Investment and Reform Act for the 21st Century, referred to in

subsec. (f)(3)(B)(i), is the date of enactment of Pub. L. 106-181,

which was approved Apr. 5, 2000.

The date of the enactment of the Air Traffic Management System

Performance Improvement Act of 1996, referred to in subsecs.

(f)(3)(C), (o), and (p)(1), is the date of enactment of Pub. L.

104-264, which was approved Oct. 9, 1996.

Section 44931 of this title, referred to in subsec. (g)(2), was

repealed by Pub. L. 107-71, title I, Sec. 101(f)(6), Nov. 19, 2001,

115 Stat. 603.

The Federal Advisory Committee Act, referred to in subsec.

(p)(5), is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended,

which is set out in the Appendix to Title 5, Government

Organization and Employees.

The Ethics in Government Act of 1978, referred to in subsec.

(p)(6)(I)(i), is Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as

amended. Title I of the Act is set out in the Appendix to Title 5,

Government Organization and Employees. For complete classification

of this Act to the Code, see Short Title note set out under section

101 of Pub. L. 95-521 in the Appendix to Title 5 and Tables.

-MISC2-

AMENDMENTS

2001 - Subsec. (m). Pub. L. 107-71, Sec. 101(d), substituted

"supplies, personnel, services, and" for "supplies and" in last

sentence.

Subsec. (r)(2)(A). Pub. L. 107-71, Sec. 101(c)(3), amended

heading and text of subpar. (A) generally. Prior to amendment, text

read as follows: "The Chief Operating Officer shall be paid at an

annual rate of basic pay equal to the annual rate of basic pay of

the Administrator. The Chief Operating Officer shall be subject to

the post-employment provisions of section 207 of title 18 as if

this position were described in section 207(c)(2)(A)(i) of that

title."

2000 - Subsec. (f)(3)(A). Pub. L. 106-181, Sec. 306, inserted at

end "On February 1 and August 1 of each year the Administrator

shall submit to the Committee on Transportation and Infrastructure

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a letter listing each

deadline the Administrator missed under this subparagraph during

the 6-month period ending on such date, including an explanation

for missing the deadline and a projected date on which the action

that was subject to the deadline will be taken."

Subsec. (f)(3)(B)(i). Pub. L. 106-181, Sec. 305(1), (2), in

introductory provisions, substituted "$250,000,000" for

"$100,000,000" and "Wendell H. Ford Aviation Investment and Reform

Act for the 21st Century" for "Air Traffic Management System

Performance Improvement Act of 1996".

Subsec. (f)(3)(B)(i)(I). Pub. L. 106-181, Sec. 305(1), (3),

substituted "$250,000,000" for "$100,000,000" and inserted

"substantial and" before "material" and "or" after semicolon at

end.

Subsec. (f)(3)(B)(i)(II) to (IV). Pub. L. 106-181, Sec. 305(4),

added subcl. (II) and struck out former subcls. (II) to (IV) which

read as follows:

"(II) create a serious inconsistency or otherwise interfere with

an action taken or planned by another agency;

"(III) materially alter the budgetary impact of entitlements,

grants, user fees, or loan programs or the rights and obligations

of recipients thereof; or

"(IV) raise novel legal or policy issues arising out of legal

mandates."

Subsec. (g)(1)(A). Pub. L. 106-181, Sec. 701, substituted

"40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,

chapter 445 (except sections 44501(b), 44502(a)(2), 44502(a)(3),

44502(a)(4), 44503, 44506, 44509, 44510, 44514, and 44515), chapter

447 (except sections 44717, 44718(a), 44718(b), 44719, 44720,

44721(b), 44722, and 44723), chapter 449 (except sections 44903(d),

44904, 44905, 44907-44911, 44913, 44915, and 44931-44934), chapter

451, chapter 453, sections" for "40113(a), (c), and (d), 40114(a),

40119, 44501(a) and (c), 44502(a)(1), (b), and (c), 44504, 44505,

44507, 44508, 44511-44513, 44701-44716, 44718(c), 44721(a), 44901,

44902, 44903(a)-(c) and (e), 44906, 44912, 44935-44937, and

44938(a) and (b), chapter 451, sections 45302-45304,".

Subsec. (k). Pub. L. 106-181, Sec. 103(a), amended heading and

text of subsec. (k) generally. Prior to amendment, text read as

follows: "There is authorized to be appropriated to the Secretary

of Transportation for operations of the Administration

$5,632,000,000 for fiscal year 1999."

Subsec. (l)(1). Pub. L. 106-181, Sec. 307(c)(1), substituted

"subsections (a) and (g) of section 40122" for "section 40122(a) of

this title and section 347 of Public Law 104-50".

Subsec. (p)(2). Pub. L. 106-528, which directed the substitution

of "18" for "15" in section 106(p)(2), without specifying the Code

title to be amended, was executed by making the substitution in the

introductory provisions of subsec. (p)(2) of this section, to

reflect the probable intent of Congress.

Subsec. (p)(2)(C) to (E). Pub. L. 106-181, Sec. 302(a)(1), added

subpars. (C) to (E) and struck out former subpar. (C) which read as

follows: "13 members representing aviation interests, appointed by

the President by and with the advice and consent of the Senate."

Subsec. (p)(3). Pub. L. 106-181, Sec. 302(a)(2), designated

existing provisions as subpar. (A), inserted subpar. heading,

realigned margins, inserted "or (2)(E)" after "paragraph (2)(C)",

and added subpars. (B) and (C).

Subsec. (p)(6). Pub. L. 106-181, Sec. 302(b), added subpars. (A)

to (I), redesignated former subpars. (B) to (D) as (J) to (L),

respectively, and struck out former subpar. (A) which related to

terms of members appointed to the Advisory Council.

Subsec. (p)(7), (8). Pub. L. 106-181, Sec. 302(c), added pars.

(7) and (8).

Subsec. (r). Pub. L. 106-181, Sec. 303, added subsec. (r).

1999 - Subsec. (k). Pub. L. 106-6 substituted "$5,632,000,000 for

fiscal year 1999." for "$5,158,000,000 for fiscal year 1997 and

$5,344,000,000 for fiscal year 1998."

1997 - Subsec. (g)(1)(A). Pub. L. 105-102 added Pub. L. 104-264,

Sec. 276(c). See 1996 Amendment note below.

1996 - Subsec. (b). Pub. L. 104-287 substituted "August 23,

1994," for "the date of the enactment of this sentence".

Pub. L. 104-264, Sec. 223(a)(1), substituted "Except as provided

in subsection (f) or in other provisions of law, the Administrator"

for "The Administrator".

Subsec. (f). Pub. L. 104-264, Sec. 223(a)(2), inserted subsec.

heading, designated existing provisions as par. (1), inserted par.

(1) heading, substituted "Except as provided in paragraph (2), the

Secretary" for "The Secretary", realigned margins, substituted

"Neither the Secretary nor the Administrator may" for "The

Secretary may not" and "or be bound" for "nor be bound", and added

pars. (2) and (3).

Subsec. (f)(3). Pub. L. 104-264, Sec. 224(2), added par. (3).

Former par. (3) redesignated (4).

Subsec. (f)(4). Pub. L. 104-264, Sec. 224(1), redesignated par.

(3) as (4).

Subsec. (g)(1)(A). Pub. L. 104-264, Sec. 276(c), as added by Pub.

L. 105-102, substituted "45302-45304" for "45302, 45303".

Subsec. (k). Pub. L. 104-264, Sec. 103(a), substituted

"$5,158,000,000 for fiscal year 1997 and $5,344,000,000 for fiscal

year 1998." for "$4,088,000,000 for fiscal year 1991,

$4,412,600,000 for fiscal year 1992, $4,716,500,000 for fiscal year

1993, $4,576,000,000 for fiscal year 1994, $4,674,000,000 for

fiscal year 1995, and $4,810,000,000 for fiscal year 1996."

Subsec. (l). Pub. L. 104-264, Sec. 225, added subsec. (l).

Subsec. (l)(6). Pub. L. 104-264, Sec. 226, added par. (6).

Subsec. (m). Pub. L. 104-264, Sec. 227, added subsec. (m).

Subsec. (n). Pub. L. 104-264, Sec. 228, added subsec. (n).

Subsec. (o). Pub. L. 104-264, Sec. 229, added subsec. (o).

Subsec. (p). Pub. L. 104-264, Sec. 230, added subsec. (p).

Subsec. (q). Pub. L. 104-264, Sec. 1210, added subsec. (q).

1994 - Subsec. (b). Pub. L. 103-305, Sec. 201, inserted at end

"The term of office for any individual appointed as Administrator

after the date of the enactment of this sentence shall be 5 years."

Subsec. (f). Pub. L. 103-272, Sec. 4(j)(3)(A), substituted

"Secretary of Transportation shall" for "Secretary shall".

Subsec. (g). Pub. L. 103-272, Sec. 4(j)(3)(B), inserted heading

and amended text generally. Prior to amendment, text read as

follows: "The Administrator shall carry out -

"(1) duties and powers of the Secretary related to aviation

safety (except those related to transportation, packaging,

marking, or description of hazardous materials) and vested in the

Secretary by section 308(b) of this title and sections 306-309,

312-314, 315-316 (except for the duties and powers vested in the

Director of Intelligence and Security by or under section 101 of

the Aviation Security Improvement Act of 1990), 1101, 1105, and

1111 and titles VI, VII, IX, and XII of the Federal Aviation Act

of 1958 (49 App. U.S.C. 1347-1350, 1353-1355, 1421 et seq., 1441

et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and

"(2) additional duties and powers prescribed by the Secretary."

Subsec. (h). Pub. L. 103-272, Sec. 5(m)(4)(A), substituted

"Section 40101(d) of this title" for "Section 103 of the Federal

Aviation Act of 1958 (49 App. U.S.C. 1303)".

Subsec. (j). Pub. L. 103-272, Sec. 5(m)(4)(B), substituted

"section 44507 of this title" for "section 312(e) of the Federal

Aviation Act of 1958".

Subsec. (k). Pub. L. 103-305, Sec. 103, substituted ",

$4,576,000,000 for fiscal year 1994, $4,674,000,000 for fiscal year

1995, and $4,810,000,000 for fiscal year 1996" for ",

$5,100,000,000 for fiscal year 1994, and $5,520,000,000 for fiscal

year 1995".

Pub. L. 103-272, Sec. 4(j)(3)(C), inserted "to the Secretary of

Transportation" after "appropriated".

1992 - Subsec. (k). Pub. L. 102-581 substituted "1991," for "1991

and" and inserted before period at end ", $4,716,500,000 for fiscal

year 1993, $5,100,000,000 for fiscal year 1994, and $5,520,000,000

for fiscal year 1995".

1990 - Subsec. (g)(1). Pub. L. 101-604 inserted "315-316 (except

for the duties and powers vested in the Director of Intelligence

and Security by or under section 101 of the Aviation Security

Improvement Act of 1990)," after "312-314,".

Subsec. (k). Pub. L. 101-508 added subsec. (k).

1988 - Subsec. (j). Pub. L. 100-591 added subsec. (j).

1984 - Subsecs. (g)(1), (h). Pub. L. 98-216 substituted "49 App.

U.S.C." for "49 U.S.C.".

EFFECTIVE DATE OF 2000 AMENDMENTS

Pub. L. 106-528, Sec. 9, Nov. 22, 2000, 114 Stat. 2523, provided

that: "Except as otherwise expressly provided, this Act [amending

this section and sections 41104, 44903, 44935, and 44936 of this

title, enacting provisions set out as notes under sections 40101,

44903, and 44936 of this title, and amending provisions set out as

notes under sections 40128 and 47501 of this title] and the

amendments made by this Act shall take effect 30 days after the

date of enactment of this Act [Nov. 22, 2000]."

Pub. L. 106-181, Sec. 3, Apr. 5, 2000, 114 Stat. 64, provided

that: "Except as otherwise specifically provided, this Act [see

Tables for classification] and the amendments made by this Act

shall apply only to fiscal years beginning after September 30,

1999."

Pub. L. 106-181, title III, Sec. 302(d), Apr. 5, 2000, 114 Stat.

121, provided that:

"(1) In general. - The amendments made by this section [amending

this section] shall take effect on the date of the enactment of

this Act [Apr. 5, 2000].

"(2) Initial nominations to air traffic services subcommittee. -

The Secretary [of Transportation] shall make the initial

appointments of the Air Traffic Services Subcommittee of the

Aviation Management Advisory Council not later than 3 months after

the date of the enactment of this Act.

"(3) Effect on actions prior to appointment of subcommittee. -

Nothing in this section shall be construed to invalidate the

actions and authority of the Federal Aviation Administration prior

to the appointment of the members of the Air Traffic Services

Subcommittee."

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(c)(3) is effective

Oct. 9, 1996.

Pub. L. 105-102, Sec. 3(f), Nov. 20, 1997, 111 Stat. 2216,

provided that: "The amendments made by subsections (a) through (d)

of this section [amending this section and sections 5302, 30501 to

30504, 45301, 46301, 46316, 47117, and 47128 of this title,

renumbering section 40121 of this title as 40124 of this title, and

amending provisions set out as notes under sections 5303 and 47117

of this title] shall take effect as if included in the provisions

of the Acts to which the amendments relate."

EFFECTIVE DATE OF 1996 AMENDMENT

Section 3 of Pub. L. 104-264 provided that:

"(a) In General. - Except as otherwise specifically provided,

this Act [see Tables for classification] and the amendments made by

this Act apply only to fiscal years beginning after September 30,

1996.

"(b) Limitation on Statutory Construction. - Nothing in this Act

or any amendment made by this Act shall be construed as affecting

funds made available for a fiscal year ending before October 1,

1996."

Section 203 of title II of Pub. L. 104-264 provided that: "The

provisions of this title [enacting sections 40121, 40122, 45301,

45303, 48111, and 48201 of this title, amending this section and

section 41742 of this title, renumbering section 45303 of this

title as section 45304, repealing section 45301 of this title, and

enacting provisions set out as notes under this section and

sections 40101, 40110, and 41742 of this title] and the amendments

made by this title shall take effect on the date that is 30 days

after the date of the enactment of this Act [Oct. 9, 1996]."

INTERNET AVAILABILITY OF INFORMATION

Pub. L. 106-181, title IX, Sec. 903, Apr. 5, 2000, 114 Stat. 196,

provided that: "The Administrator [of the Federal Aviation

Administration] shall make available through the Internet home page

of the Federal Aviation Administration the abstracts relating to

all research grants and awards made with funds authorized by the

amendments made by this Act [see Tables for classification].

Nothing in this section shall be construed to require or permit the

release of any information prohibited by law or regulation from

being released to the public."

FINDINGS

Section 221 of Pub. L. 104-264 provided that: "Congress finds the

following:

"(1) In many respects the Administration is a unique agency,

being one of the few non-defense government agencies that

operates 24 hours a day, 365 days of the year, while continuing

to rely on outdated technology to carry out its responsibilities

for a state-of-the-art industry.

"(2) Until January 1, 1996, users of the air transportation

system paid 70 percent of the budget of the Administration, with

the remaining 30 percent coming from the General Fund. The

General Fund contribution over the years is one measure of the

benefit received by the general public, military, and other users

of Administration's services.

"(3) The Administration must become a more efficient,

effective, and different organization to meet future challenges.

"(4) The need to balance the Federal budget means that it may

become more and more difficult to obtain sufficient General Fund

contributions to meet the Administration's future budget needs.

"(5) Congress must keep its commitment to the users of the

national air transportation system by seeking to spend all moneys

collected from them each year and deposited into the Airport and

Airway Trust Fund. Existing surpluses representing past receipts

must also be spent for the purposes for which such funds were

collected.

"(6) The aviation community and the employees of the

Administration must come together to improve the system. The

Administration must continue to recognize who its customers are

and what their needs are, and to design and redesign the system

to make safety improvements and increase productivity.

"(7) The Administration projects that commercial operations

will increase by 18 percent and passenger traffic by 35 percent

by the year 2002. Without effective airport expansion and system

modernization, these needs cannot be met.

"(8) Absent significant and meaningful reform, future

challenges and needs cannot be met.

"(9) The Administration must have a new way of doing business.

"(10) There is widespread agreement within government and the

aviation industry that reform of the Administration is essential

to safely and efficiently accommodate the projected growth of

aviation within the next decade.

"(11) To the extent that Congress determines that certain

segments of the aviation community are not required to pay all of

the costs of the government services which they require and

benefits which they receive, Congress should appropriate the

difference between such costs and any receipts received from such

segment.

"(12) Prior to the imposition of any new charges or user fees

on segments of the industry, an independent review must be

performed to assess the funding needs and assumptions for

operations, capital spending, and airport infrastructure.

"(13) An independent, thorough, and complete study and

assessment must be performed of the costs to the Administration

and the costs driven by each segment of the aviation system for

safety and operational services, including the use of the air

traffic control system and the Nation's airports.

"(14) Because the Administration is a unique Federal entity in

that it is a participant in the daily operations of an industry,

and because the national air transportation system faces

significant problems without significant changes, the

Administration has been authorized to change the Federal

procurement and personnel systems to ensure that the

Administration has the ability to keep pace with new technology

and is able to match resources with the real personnel needs of

the Administration.

"(15) The existing budget system does not allow for long-term

planning or timely acquisition of technology by the

Administration.

"(16) Without reforms in the areas of procurement, personnel,

funding, and governance, the Administration will continue to

experience delays and cost overruns in its major modernization

programs and needed improvements in the performance of the air

traffic management system will not occur.

"(17) All reforms should be designed to help the Administration

become more responsive to the needs of its customers and maintain

the highest standards of safety."

PURPOSES

Section 222 of title II of Pub. L. 104-264 provided that: "The

purposes of this title [see Effective Date of 1996 Amendment note

set out above] are -

"(1) to ensure that final action shall be taken on all notices

of proposed rulemaking of the Administration within 18 months

after the date of their publication;

"(2) to permit the Administration, with Congressional review,

to establish a program to improve air traffic management system

performance and to establish appropriate levels of cost

accountability for air traffic management services provided by

the Administration;

"(3) to establish a more autonomous and accountable

Administration within the Department of Transportation; and

"(4) to make the Administration a more efficient and effective

organization, able to meet the needs of a dynamic, growing

industry, and to ensure the safety of the traveling public."

PRESERVATION OF EXISTING AUTHORITY

Section 223(b) of title II of Pub. L. 104-264 provided that:

"Nothing in this title [see Effective Date of 1996 Amendment note

set out above] or the amendments made by this title limits any

authority granted to the Administrator by statute or by delegation

that was in effect on the day before the date of the enactment of

this Act [Oct. 9, 1996]."

PERSONNEL MANAGEMENT SYSTEM FOR FEDERAL AVIATION ADMINISTRATION

Pub. L. 104-50, title III, Sec. 347, Nov. 15, 1995, 109 Stat.

460, as amended by Pub. L. 104-122, Mar. 29, 1996, 110 Stat. 876;

Pub. L. 105-339, Sec. 5, Oct. 31, 1998, 112 Stat. 3187, which

required the Administrator of the Federal Aviation Administration

to develop and implement, not later than Jan. 1, 1996, a personnel

management system, exempt from most provisions of Title 5,

Government Organization and Employees, to provide for greater

flexibility in the hiring, training, compensation, and location of

personnel, was repealed by Pub. L. 106-181, title III, Sec. 307(d),

Apr. 5, 2000, 114 Stat. 126.

DEPENDENTS OF FEDERAL AVIATION ADMINISTRATION PERSONNEL

Pub. L. 106-346, Sec. 101(a) [title III, Sec. 303], Oct. 23,

2000, 114 Stat. 1356, 1356A-23, provided that: "Hereafter, funds

appropriated under this or any other Act for expenditures by the

Federal Aviation Administration shall be available: (1) except as

otherwise authorized by title VIII of the Elementary and Secondary

Education Act of 1965 (20 U.S.C. 7701 et seq.), for expenses of

primary and secondary schooling for dependents of Federal Aviation

Administration personnel stationed outside the continental United

States at costs for any given area not in excess of those of the

Department of Defense for the same area, when it is determined by

the Secretary that the schools, if any, available in the locality

are unable to provide adequately for the education of such

dependents; and (2) for transportation of said dependents between

schools serving the area that they attend and their places of

residence when the Secretary, under such regulations as may be

prescribed, determines that such schools are not accessible by

public means of transportation on a regular basis."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 106-69, title III, Sec. 303, Oct. 9, 1999, 113 Stat.

1015.

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 303], Oct.

21, 1998, 112 Stat. 2681-439, 2681-464.

Pub. L. 105-66, title III, Sec. 303, Oct. 27, 1997, 111 Stat.

1441.

Pub. L. 104-205, title III, Sec. 303, Sept. 30, 1996, 110 Stat.

2968.

Pub. L. 104-50, title III, Sec. 303, Nov. 15, 1995, 109 Stat.

453.

Pub. L. 103-331, title III, Sec. 303, Sept. 30, 1994, 108 Stat.

2488.

Pub. L. 103-122, title III, Sec. 303, Oct. 27, 1993, 107 Stat.

1219.

Pub. L. 102-388, title III, Sec. 303, Oct. 6, 1992, 106 Stat.

1543.

Pub. L. 102-143, title III, Sec. 303, Oct. 28, 1991, 105 Stat.

939.

Pub. L. 101-516, title III, Sec. 303, Nov. 5, 1990, 104 Stat.

2178.

Pub. L. 101-164, title III, Sec. 303, Nov. 21, 1989, 103 Stat.

1091.

Pub. L. 100-457, title III, Sec. 303, Sept. 30, 1988, 102 Stat.

2146.

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 303], Dec. 22,

1987, 101 Stat. 1329-358, 1329-377.

Pub. L. 99-500, Sec. 101(l) [H.R. 5205, title III, Sec. 303],

Oct. 18, 1986, 100 Stat. 1783-308, and Pub. L. 99-591, Sec. 101(l),

Oct. 30, 1986, 100 Stat. 3341-308.

Pub. L. 99-190, Sec. 101(e) [title III, Sec. 303], Dec. 19, 1985,

99 Stat. 1267, 1284.

Pub. L. 98-473, title I, Sec. 101(i) [title III, Sec. 303], Oct.

12, 1984, 98 Stat. 1944, 1961.

Pub. L. 98-78, title III, Sec. 303, Aug. 15, 1983, 97 Stat. 470.

Pub. L. 97-369, title III, Sec. 306, Dec. 18, 1982, 96 Stat.

1781.

Pub. L. 97-102, title III, Sec. 306, Dec. 23, 1981, 95 Stat.

1458.

Pub. L. 96-400, title III, Sec. 306, Oct. 9, 1980, 94 Stat. 1695.

Pub. L. 96-131, title III, Sec. 307, Nov. 30, 1979, 93 Stat.

1037.

Pub. L. 95-335, title III, Sec. 310, Aug. 4, 1978, 92 Stat. 448.

Pub. L. 95-85, title III, Sec. 310, Aug. 2, 1977, 91 Stat. 416.

Pub. L. 94-387, title III, Sec. 312, Aug. 14, 1976, 90 Stat.

1185.

Pub. L. 94-134, title III, Sec. 310, Nov. 24, 1975, 89 Stat. 711.

Pub. L. 93-391, title III, Sec. 311, Aug. 28, 1974, 88 Stat. 780.

Pub. L. 93-98, title III, Sec. 313, Aug. 16, 1973, 87 Stat. 340.

Pub. L. 92-398, title III, Sec. 313, Aug. 22, 1972, 86 Stat. 591.

Pub. L. 92-74, title I, Aug. 10, 1971, 85 Stat. 203.

Pub. L. 91-168, title I, Dec. 26, 1969, 83 Stat. 455.

Pub. L. 90-464, title I, Aug. 8, 1968, 82 Stat. 655.

Pub. L. 90-112, title II, Oct. 23, 1967, 81 Stat. 312.

Pub. L. 89-474, title I, June 29, 1966, 80 Stat. 223.

Pub. L. 89-57, title I, June 30, 1965, 79 Stat. 197.

Pub. L. 88-392, title I, Aug. 1, 1964, 78 Stat. 369.

Pub. L. 88-39, title I, June 13, 1963, 77 Stat. 59.

Pub. L. 87-575, title I, Aug. 6, 1962, 76 Stat. 311.

Pub. L. 87-159, title I, Aug. 21, 1961, 75 Stat. 395.

Pub. L. 86-561, title I, June 30, 1960, 74 Stat. 285.

Pub. L. 86-39, title I, June 11, 1959, 73 Stat. 67.

Pub. L. 85-354, title I, Mar. 28, 1958, 72 Stat. 63.

Pub. L. 85-37, title I, May 27, 1957, 71 Stat. 37.

Apr. 2, 1956, ch. 161, title I, 70 Stat. 94.

June 1, 1955, ch. 113, title I, 69 Stat. 74.

May 28, 1954, ch. 242, title I, 68 Stat. 146.

June 18, 1953, ch. 132, title I, 67 Stat. 69.

AVIATION SAFETY COMMISSION

Pub. L. 99-500, title V, Secs. 501-507, Oct. 18, 1986, 100 Stat.

1783-370 to 1783-373, and Pub. L. 99-591, title V, Secs. 501-507,

Oct. 30, 1986, 100 Stat. 3341-373 to 3341-376, known as the

Aviation Safety Commission Act of 1986, established Aviation Safety

Commission, directed Commission to study organization and functions

of Federal Aviation Administration and means by which it could most

efficiently and effectively perform its responsibilities and

increase aviation safety and to submit reports to the President and

the two houses of Congress within 9 months after Oct. 18, 1986, and

within 18 months after Oct. 18, 1986, and provided that Commission

was to cease to exist 18 months after Oct. 18, 1986.

APPOINTMENT OF RETIRED MILITARY OFFICER AS ADMINISTRATOR

Pub. L. 102-308, June 26, 1992, 106 Stat. 273, provided: "That

notwithstanding the provisions of section 106 of title 49, United

States Code, or any other provision of law, the President, acting

by and with the advice and consent of the Senate, is authorized to

appoint General Thomas C. Richards, United States Air Force,

Retired, to the Office of Administrator of the Federal Aviation

Administration. General Richards' appointment to, acceptance of,

and service in that Office shall in no way affect the status, rank,

and grade which he shall hold as an officer on the retired list of

the United States Air Force, or any emolument, perquisite, right,

privilege, or benefit incident to or arising out of any such

status, office, rank, or grade, except to the extent that

subchapter IV of chapter 55 of title 5, United States Code, affects

the amount of retired pay to which he is entitled by law during his

service as Administrator. So long as he serves as Administrator,

General Richards shall receive the compensation of that Office at

the rate which would be applicable if he were not an officer on the

retired list of the United States Air Force, shall retain the

status, rank, and grade which he now holds as an officer on the

retired list of the United States Air Force, shall retain all

emoluments, perquisites, rights, privileges, and benefits incident

to or arising out of such status, office, rank, or grade, and shall

in addition continue to receive the retired pay to which he is

entitled by law, subject to the provisions of subchapter IV of

chapter 55 of title 5, United States Code.

"Sec. 2. In the performance of his duties as Administrator of the

Federal Aviation Administration, General Richards shall be subject

to no supervision, control, restriction, or prohibition (military

or otherwise) other than would be operative with respect to him if

he were not an officer on the retired list of the United States Air

Force.

"Sec. 3. Nothing in this Act shall be construed as approval by

the Congress of any future appointments of military persons to the

Office of Administrator of the Federal Aviation Administration."

Prior provisions authorizing the appointment of a retired

military officer as Administrator were contained in the following

acts:

Pub. L. 102-223, Dec. 11, 1991, 105 Stat. 1678.

Pub. L. 101-47, June 30, 1989, 103 Stat. 134.

Pub. L. 98-256, Apr. 10, 1984, 98 Stat. 125.

Pub. L. 89-46, June 22, 1965, 79 Stat. 171.

-EXEC-

EX. ORD. NO. 13180. AIR TRAFFIC PERFORMANCE-BASED ORGANIZATION

Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, as amended by

Ex. Ord. No. 13264, June 4, 2002, 67 F.R. 39243, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and in order to

further improve the provision of air traffic services in ways that

increase efficiency, take better advantage of new technologies,

accelerate modernization efforts, and respond more effectively to

the needs of the traveling public, while enhancing the safety,

security, and efficiency of the Nation's air transportation system,

it is hereby ordered as follows:

Section 1. Establishment of the Air Traffic Organization. (a) The

Secretary of Transportation (Secretary) shall, consistent with his

legal authorities, move to establish within the Federal Aviation

Administration (FAA) a performance-based organization to be known

as the "Air Traffic Organization" (ATO).

(b) The ATO shall be composed of those elements of the FAA's Air

Traffic Services and Research and Acquisition organizations that

have direct connection and give support to the provision of

day-to-day operational air traffic services, as determined by the

Administrator of the Federal Aviation Administration

(Administrator). The Administrator may delegate responsibility for

any operational activity of the air traffic control system to the

head of the ATO. The Administrator's responsibility for general

safety, security, and policymaking functions for the National

Airspace System is unaffected by this order.

(c) The Chief Operating Officer (COO) of the Air Traffic Control

System, established by the Wendell H. Ford Aviation Investment and

Reform Act for the 21st Century (Air-21) (Public Law 106-181) [see

Short Title of 2000 Amendments note set out under section 40101 of

this title], shall head the ATO and shall report directly to the

Administrator and be subject to the authority of the Administrator.

The COO, in consultation with the Air Traffic Control Subcommittee

of the Aviation Management Advisory Committee, shall enter into an

annual performance agreement with the Administrator that sets forth

measurable organization and individual goals in key operational

areas and describes specific targets and how such goals will be

achieved. The COO may receive an annual bonus not to exceed 30

percent of the annual rate of basic pay, based upon the

Administrator's evaluation of the COO's performance in relation to

the targets and goals described above.

(d) The COO shall develop a 5-year strategic plan for the air

traffic control system, including a clear statement of the mission

and objectives for the system's safety, efficiency, and

productivity. This strategic plan must ensure that ATO actions are

consistent with long-term FAA strategies for the aviation system as

a whole.

(e) The COO shall also enter into a framework agreement with the

Administrator that will establish the relationship of the ATO with

the other organizations of the FAA.

Sec. 2. Purpose. The FAA's primary mission is to ensure the

safety, security, and efficiency of the National Airspace System.

The purpose of this order is to enhance that mission and further

improve the delivery of air traffic services to the American public

by reorganizing the FAA's air traffic services and related offices

into a performance-based, results-oriented, organization. The ATO

will be better able to make use of the unique procurement and

personnel authorities that the FAA currently has and to better use

the additional management reforms enacted by the Congress this year

under Air-21. Specifically, the ATO shall:

(a) optimize use of existing management flexibilities and

authorities to improve the efficiency of air traffic services and

increase the capacity of the system;

(b) develop methods to accelerate air traffic control

modernization and to improve aviation safety related to air traffic

control;

(c) develop agreements with the Administrator of the FAA and

users of the products, services, and capabilities it will provide;

(d) operate in accordance with safety performance standards

developed by the FAA and rapidly respond to FAA safety and security

oversight findings;

(e) consult with its customers, the traveling public, including

direct users such as airlines, cargo carriers, manufacturers,

airports, general aviation, and commercial space transportation

providers, and focus on producing results that satisfy the FAA's

external customer needs;

(f) consult with appropriate Federal, State, and local public

agencies, including the Department of Defense and the National

Aeronautics and Space Administration, to determine the best

practices for meeting the diverse needs throughout the National

Airspace System;

(g) establish strong incentives to managers for achieving

results; and

(h) formulate and recommend to the Administrator any management,

fiscal, or legislative changes necessary for the organization to

achieve its performance goals.

Sec. 3. Aviation Management Advisory Committee. The Air Traffic

Control Subcommittee of the Aviation Management Advisory Committee

shall provide, consistent with its responsibilities under Air-21,

general oversight to ATO regarding the administration, management,

conduct, direction, and supervision of the air traffic control

system.

Sec. 4. Evaluation and Report. Not later than 5 years after the

date of this order, the Aviation Management Advisory Committee

shall provide to the Secretary and the Administrator a report on

the operation and effectiveness of the ATO, together with any

recommendations for management, fiscal, or legislative changes to

enable the organization to achieve its goals.

Sec. 5. Definitions. The term "air traffic control system" has

the same meaning as the term defined by section 40102(a)(42) of

title 49, United States Code.

Sec. 6. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to, nor does it, create any right to administrative or judicial

review, or any right, whether substantive or procedural,

enforceable by any party against the United States, its agencies or

instrumentalities, its officers or employees, or any other person.

-CROSS-

DEFINITIONS FOR TITLE II OF PUB. L. 104-264

Section 202 of title II of Pub. L. 104-264 provided that: "In

this title [see Effective Date of 1996 Amendment note set out

above], the following definitions apply:

"(1) Administration. - The term 'Administration' means the

Federal Aviation Administration.

"(2) Administrator. - The term 'Administrator' means the

Administrator of the Federal Aviation Administration.

"(3) Secretary. - The term 'Secretary' means the Secretary of

Transportation."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 114, 322, 41766, 44507,

47124, 48113, 50101, 50102, 50105 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

(!2) So in original. Probably should be followed by "in".

-End-

-CITE-

49 USC Sec. 107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 107. Federal Transit Administration

-STATUTE-

(a) The Federal Transit Administration is an administration in

the Department of Transportation.

(b) 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.

(c) The Administrator shall carry out duties and powers

prescribed by the Secretary.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417; Pub. L. 102-240,

title III, Sec. 3004(c)(1), (2), Dec. 18, 1991, 105 Stat. 2088.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

107 49:1608 (note). Reorg. Plan No. 2 of 1968,

eff. July 1, 1968, Sec. 3,

82 Stat. 1369.

--------------------------------------------------------------------

In subsection (b), the words "and shall be compensated at the

rate now or hereafter provided for Level III of the Executive

Schedule Pay Rates (5 U.S.C. 5314)" are omitted as surplus because

of 5:5314.

AMENDMENTS

1991 - Pub. L. 102-240 substituted "Federal Transit

Administration" for "Urban Mass Transportation Administration" in

section catchline and subsec. (a).

-CHANGE-

CHANGE OF NAME

Section 3004(a), (b) of Pub. L. 102-240 provided that:

"(a) Redesignation of UMTA. - The Urban Mass Transportation

Administration of the Department of Transportation shall be known

and designated as the 'Federal Transit Administration'.

"(b) References. - Any reference in a law, map, regulation,

document, paper, or other record of the United States to the Urban

Mass Transportation Administration shall be deemed to be a

reference to the 'Federal Transit Administration'."

-End-

-CITE-

49 USC Sec. 108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 108. Coast Guard

-STATUTE-

(a)(1) The Coast Guard is a part of the Department of

Transportation. The Secretary of Transportation exercises all

duties and powers related to the Coast Guard vested in the

Secretary of the Treasury, and other officers and offices of the

Department of Treasury, immediately before April 1, 1967.

(2) Notwithstanding paragraph (1) of this subsection, the Coast

Guard, together with the duties and powers of the Coast Guard,

shall operate as a service in the Navy as provided under section 3

of title 14.

(b) The Commandant is the Chief of the Coast Guard. In addition

to carrying out the duties and powers specified by law, the

Commandant shall carry out duties and powers prescribed by the

Secretary of Transportation. The Commandant reports directly to the

Secretary.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103-272,

Sec. 4(j)(4), July 5, 1994, 108 Stat. 1365.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

108(a) 49:1655(b)(1), (2). Oct. 15, 1966, Pub. L.

89-670, Secs. 3(e)(3)

(related to USCG), 6(b)(1),

(2), 80 Stat. 932, 938.

108(b) 49:1652(e)(3)

(related to USCG).

--------------------------------------------------------------------

Subsection (a) reflects the transfer of the Coast Guard to the

Department of Transportation as provided by the source provisions

and 14:1. The words "Except when operating as a service of the

Navy" are substituted for 49:1655(b)(2) because of 14:3. The words

"The Secretary of Transportation exercises . . . vested in the

Secretary of the Treasury . . . immediately before April 1, 1967"

are substituted for "and there are hereby transferred to and vested

in the Secretary . . . of the Secretary of the Treasury" to reflect

the transfer of duties and powers to the Secretary of

Transportation on April 1, 1967, the effective date of the

Department of Transportation Act (Pub. L. 89-670, 80 Stat. 931).

In subsection (b), the first sentence is included to provide the

name of the officer in charge of the Coast Guard, as reflected in

14:44. In the 2d sentence, the words "carrying out the duties and

powers specified by law" are substituted for "such functions,

powers, and duties as are specified in this chapter to be carried

out", and the words "carry out duties and powers prescribed" are

substituted for "carry out such additional functions, powers, and

duties as", for consistency.

PUB. L. 103-272

Section 4(j)(4) amends 49:108(a) to reflect the intent of 49

App.:1655(b)(2), on which 49:108(a) was based.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-272 designated existing

provisions as par. (1), substituted "The Coast Guard" for "Except

when operating as a service in the Navy, the Coast Guard", and

added par. (2).

-TRANS-

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.

-End-

-CITE-

49 USC Sec. 109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 109. Maritime Administration

-STATUTE-

(a) The Maritime Administration transferred by section 2 of the

Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in

the Department of Transportation.

(b) The Administrator of the Administration appointed under

section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports

directly to the Secretary of Transportation.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2417; Pub. L. 103-272,

Sec. 5(m)(5), July 5, 1994, 108 Stat. 1375.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

109 (no source).

--------------------------------------------------------------------

The section is included to provide in chapter 1 of the revised

title a complete list of the organizational units established by

law that are in the Department of Transportation or are subject to

the direction and supervision of the Secretary of Transportation.

AMENDMENTS

1994 - Pub. L. 103-272 inserted "App." after "(46" in subsecs.

(a) and (b).

-End-

-CITE-

49 USC Sec. 110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 110. Saint Lawrence Seaway Development Corporation

-STATUTE-

(a) The Saint Lawrence Seaway Development Corporation established

under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is

subject to the direction and supervision of the Secretary of

Transportation.

(b) The Administrator of the Corporation appointed under section

2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to

the Secretary.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2418; Pub. L. 103-272,

Sec. 4(j)(5)(A), July 5, 1994, 108 Stat. 1366.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

110(a) (no source).

110(b) 33:981 (note). Oct. 15, 1966, Pub. L.

89-670, Sec. 8(g)(2), 80

Stat. 943.

--------------------------------------------------------------------

Subsection (a) is included to provide in chapter 1 of the revised

title a complete list of the organizational units established by

law that are in the Department of Transportation or are subject to

the direction and supervision of the Secretary of Transportation.

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-272 substituted "Saint Lawrence"

for "St. Lawrence".

-End-

-CITE-

49 USC Sec. 111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 111. Bureau of Transportation Statistics

-STATUTE-

(a) Establishment. - There is established in the Department of

Transportation a Bureau of Transportation Statistics.

(b) Director. -

(1) Appointment. - The Bureau shall be headed by a Director who

shall be appointed by the President, by and with the advice and

consent of the Senate.

(2) Qualifications. - The Director shall be appointed from

among individuals who are qualified to serve as the Director by

virtue of their training and experience in the compilation and

analysis of transportation statistics.

(3) Reporting. - The Director shall report directly to the

Secretary.

(4) Term. - The term of the Director shall be 4 years. The

Director may continue to serve after the expiration of the term

until a successor is appointed and confirmed.

(c) Responsibilities. - The Director of the Bureau shall be

responsible for carrying out the following duties:

(1) Compiling transportation statistics. - Compiling,

analyzing, and publishing a comprehensive set of transportation

statistics to provide timely summaries and totals (including

industrywide aggregates and multiyear averages) of

transportation-related information. Such statistics shall be

suitable for conducting cost-benefit studies (including

comparisons among individual transportation modes and intermodal

transport systems) and shall include information on -

(A) productivity in various parts of the transportation

sector;

(B) traffic flows;

(C) travel times;

(D) vehicle weights;

(E) variables influencing traveling behavior, including

choice of transportation mode;

(F) travel costs of intracity commuting and intercity trips;

(G) availability of mass transit and the number of passengers

served by each mass transit authority;

(H) frequency of vehicle and transportation facility repairs

and other interruptions of transportation service;

(I) accidents;

(J) collateral damage to the human and natural environment;

(K) the condition of the transportation system; and

(L) transportation-related variables that influence global

competitiveness.

(2) Implementing long-term data collection program. -

Establishing and implementing, in cooperation with the modal

administrators, the States, and other Federal officials a

comprehensive, long-term program for the collection and analysis

of data relating to the performance of the transportation systems

of the United States. Such program shall -

(A) be coordinated with efforts to measure outputs and

outcomes of the Department of Transportation and the

transportation systems of the United States under the

Government Performance and Results Act of 1993 (107 Stat. 285

et seq.) and the amendments made by such Act;

(B) ensure that data is collected under this subsection in a

manner which will maximize the ability to compare data from

different regions and for different time periods; and

(C) ensure that data collected under this subsection is

controlled for accuracy, made relevant to the States and

metropolitan planning organizations, and disseminated to the

States and other interested parties.

(3) Issuing guidelines. - Issuing guidelines for the collection

of information by the Department of Transportation required for

statistics to be compiled under paragraph (1) in order to ensure

that such information is accurate, reliable, relevant, and in a

form that permits systematic analysis. The Bureau shall review

and report to the Secretary of Transportation on the sources and

reliability of the statistics proposed by the heads of the

operating administrations of the Department to measure outputs

and outcomes as required by the Government Performance and

Results Act of 1993, and the amendments made by such Act, and

shall carry out such other reviews of the sources and reliability

of other data collected by the heads of the operating

administrations of the Department as shall be requested by the

Secretary.

(4) Coordinating collection of information. - Coordinating the

collection of information by the Department of Transportation

required for statistics to be compiled under paragraph (1) with

related information-gathering activities conducted by other

Federal departments and agencies and collecting appropriate data

not elsewhere gathered.

(5) Making statistics accessible. - Making the statistics

published under this subsection readily accessible.

(6) Identifying information needs. - Identifying information

that is needed under paragraph (1) but which is not being

collected, reviewing such needs at least annually with the

Advisory Council on Transportation Statistics, and making

recommendations to appropriate Department of Transportation

research officials concerning extramural and intramural research

programs to provide such information.

(7) Supporting transportation decisionmaking. - Ensuring that

the statistics compiled under paragraph (1) are relevant for

transportation decisionmaking by the Federal Government, State

and local governments, transportation-related associations,

private businesses, and consumers.

(d) Intermodal Transportation Data Base. -

(1) In general. - In consultation with the Associate Deputy

Secretary, the Assistant Secretaries, and the heads of the

operating administrations of the Department of Transportation,

the Director shall establish and maintain a transportation data

base for all modes of transportation.

(2) Use. - The data base shall be suitable for analyses carried

out by the Federal Government, the States, and metropolitan

planning organizations.

(3) Contents. - The data base shall include -

(A) information on the volumes and patterns of movement of

goods, including local, interregional, and international

movement, by all modes of transportation and intermodal

combinations, and by relevant classification;

(B) information on the volumes and patterns of movement of

people, including local, interregional, and international

movements, by all modes of transportation (including bicycle

and pedestrian modes) and intermodal combinations, and by

relevant classification;

(C) information on the location and connectivity of

transportation facilities and services; and

(D) a national accounting of expenditures and capital stocks

on each mode of transportation and intermodal combination.

(e) National Transportation Library. -

(1) In general. - The Director shall establish and maintain a

National Transportation Library, which shall contain a collection

of statistical and other information needed for transportation

decisionmaking at the Federal, State, and local levels.

(2) Access. - The Director shall facilitate and promote access

to the Library, with the goal of improving the ability of the

transportation community to share information and the ability of

the Director to make statistics readily accessible under

subsection (c)(5).

(3) Coordination. - The Director shall work with other

transportation libraries and other transportation information

providers, both public and private, to achieve the goal specified

in paragraph (2).

(f) National Transportation Atlas Data Base. -

(1) In general. - The Director shall develop and maintain

geospatial data bases that depict -

(A) transportation networks;

(B) flows of people, goods, vehicles, and craft over the

networks; and

(C) social, economic, and environmental conditions that

affect or are affected by the networks.

(2) Intermodal network analysis. - The data bases shall be able

to support intermodal network analysis.

(g) Research and Development Grants. -

(1) In general. - The Secretary may make grants to, or enter

into cooperative agreements or contracts with, public and

nonprofit private entities (including State transportation

departments, metropolitan planning organizations, and

institutions of higher education) for -

(A) investigation of the subjects specified in subsection

(c)(1) and research and development of new methods of data

collection, management, integration, dissemination,

interpretation, and analysis;

(B) development of electronic clearinghouses of

transportation data and related information, as part of the

National Transportation Library under subsection (e); and

(C) development and improvement of methods for sharing

geographic data, in support of the national transportation

atlas data base under subsection (f) and the National Spatial

Data Infrastructure developed under Executive Order No. 12906.

(2) Limitation. - Not more than $500,000 of the amounts made

available to carry out this section in a fiscal year may be used

to carry out this subsection.

(h) Limitations on Statutory Construction. - Nothing in this

section shall be construed -

(1) to authorize the Bureau to require any other department or

agency to collect data; or

(2) to reduce the authority of any other officer of the

Department of Transportation to collect and disseminate data

independently.

(i) Prohibition on Certain Disclosures. -

(1) In general. - An officer or employee of the Bureau may not

-

(A) make any disclosure in which the data provided by an

individual or organization under subsection (c)(2) can be

identified;

(B) use the information provided under subsection (c)(2) for

a nonstatistical purpose; or

(C) permit anyone other than an individual authorized by the

Director to examine any individual report provided under

subsection (c)(2).

(2) Prohibition on requests for certain data. -

(A) Government agencies. - No department, bureau, agency,

officer, or employee of the United States (except the Director

in carrying out this section) may require, for any reason, a

copy of any report that has been filed under subsection (c)(2)

with the Bureau or retained by an individual respondent.

(B) Courts. - Any copy of a report described in subparagraph

(A) that has been retained by an individual respondent or filed

with the Bureau or any of its employees, contractors, or agents

-

(i) shall be immune from legal process; and

(ii) shall not, without the consent of the individual

concerned, be admitted as evidence or used for any purpose in

any action, suit, or other judicial or administrative

proceeding.

(C) Applicability. - This paragraph shall apply only to

reports that permit information concerning an individual or

organization to be reasonably inferred by direct or indirect

means.

(3) Data collected for nonstatistical purposes. - In a case in

which the Bureau is authorized by statute to collect data or

information for a nonstatistical purpose, the Director shall

clearly distinguish the collection of the data or information, by

rule and on the collection instrument, so as to inform a

respondent that is requested or required to supply the data or

information of the nonstatistical purpose.

(j) Transportation Statistics Annual Report. - The Director shall

transmit to the President and Congress a Transportation Statistics

Annual Report which shall include information on items referred to

in subsection (c)(1), documentation of methods used to obtain and

ensure the quality of the statistics presented in the report, and

recommendations for improving transportation statistical

information.

(k) Proceeds of Data Product Sales. - Notwithstanding section

3302 of title 31, United States Code, funds received by the Bureau

from the sale of data products, for necessary expenses incurred,

may be credited to the Highway Trust Fund (other than the Mass

Transit Account) for the purpose of reimbursing the Bureau for the

expenses.

-SOURCE-

(Added Pub. L. 102-240, title VI, Sec. 6006(a), Dec. 18, 1991, 105

Stat. 2172; amended Pub. L. 104-287, Sec. 5(2), Oct. 11, 1996, 110

Stat. 3389; Pub. L. 104-324, title XI, Sec. 1131, Oct. 19, 1996,

110 Stat. 3985; Pub. L. 105-130, Sec. 4(b)(1), Dec. 1, 1997, 111

Stat. 2556; Pub. L. 105-178, title V, Sec. 5109(a), June 9, 1998,

112 Stat. 437.)

-REFTEXT-

REFERENCES IN TEXT

The Government Performance and Results Act of 1993, referred to

in subsec. (c)(2)(A), (3), is Pub. L. 103-62, Aug. 3, 1993, 107

Stat. 285, which enacted sections 1115 to 1119, 9703, and 9704 of

Title 31, Money and Finance, section 306 of Title 5, Government

Organization and Employees, and sections 2801 to 2805 of Title 39,

Postal Service, amended section 1105 of Title 31, and enacted

provisions set out as notes under sections 1101 and 1115 of Title

31. For complete classification of this Act to the Code, see Short

Title of 1993 Amendment note set out under section 1101 of Title 31

and Tables.

Executive Order No. 12906, referred to in subsec. (g)(1)(C), is

set out as a note under section 1457 of Title 43, Public Lands.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(4). Pub. L. 105-178, Sec. 5109(a)(1), struck

out after first sentence "The term of the first Director to be

appointed shall begin on the 180th day after December 18, 1991."

Subsec. (c)(1)(L). Pub. L. 105-178, Sec. 5109(a)(2)(A), added

subpar. (L).

Subsec. (c)(2). Pub. L. 105-178, Sec. 5109(a)(2)(B)(i),

substituted "transportation systems of the United States" for

"national transportation system" in introductory provisions.

Subsec. (c)(2)(A). Pub. L. 105-178, Sec. 5109(a)(2)(B)(ii), added

subpar. (A) and struck out former subpar. (A) which read as

follows: "be coordinated with efforts to develop performance

indicators for the national transportation system undertaken

pursuant to section 307(b)(3) of title 23, United States Code;".

Subsec. (c)(2)(C). Pub. L. 105-178, Sec. 5109(a)(2)(B)(iii),

inserted ", made relevant to the States and metropolitan planning

organizations," after "accuracy".

Subsec. (c)(3). Pub. L. 105-178, Sec. 5109(a)(2)(C), inserted at

end "The Bureau shall review and report to the Secretary of

Transportation on the sources and reliability of the statistics

proposed by the heads of the operating administrations of the

Department to measure outputs and outcomes as required by the

Government Performance and Results Act of 1993, and the amendments

made by such Act, and shall carry out such other reviews of the

sources and reliability of other data collected by the heads of the

operating administrations of the Department as shall be requested

by the Secretary."

Subsec. (c)(7). Pub. L. 105-178, Sec. 5109(a)(2)(D), added par.

(7).

Subsecs. (d) to (f). Pub. L. 105-178, Sec. 5109(a)(5), added

subsecs. (d) to (f). Former subsecs. (d) to (f) redesignated (h) to

(j), respectively.

Subsec. (g). Pub. L. 105-178, Sec. 5109(a)(4), (5), added subsec.

(g) and struck out heading and text of former subsec. (g). Text

read as follows: "An individual who, on December 18, 1991, is

performing any function required by this section to be performed by

the Director may continue to perform such function until such

function is undertaken by the Director."

Subsec. (h). Pub. L. 105-178, Sec. 5109(a)(3), redesignated

subsec. (d) as (h).

Subsec. (i). Pub. L. 105-178, Sec. 5109(a)(6), added subsec. (i)

and struck out heading and text of former subsec. (i). Text read as

follows: "Information compiled by the Bureau shall not be disclosed

publicly in a manner that would reveal the personal identity of any

individual, consistent with the Privacy Act of 1974 (5 U.S.C.

552a), or to reveal trade secrets or allow commercial or financial

information provided by any person to be identified with such

person."

Pub. L. 105-178, Sec. 5109(a)(3), redesignated subsec. (e) as

(i).

Subsec. (j). Pub. L. 105-178, Sec. 5109(a)(7), substituted "The

Director" for "On or before January 1, 1994, and annually

thereafter, the Director".

Pub. L. 105-178, Sec. 5109(a)(3), redesignated subsec. (f) as

(j).

Subsec. (k). Pub. L. 105-178, Sec. 5109(a)(8), added subsec. (k).

1997 - Pub. L. 105-130 made technical amendment to directory

language of Pub. L. 102-240, Sec. 6006(a), which enacted this

section.

1996 - Subsec. (b)(4). Pub. L. 104-324 inserted at end "The

Director may continue to serve after the expiration of the term

until a successor is appointed and confirmed."

Pub. L. 104-287 substituted "December 18, 1991" for "the date of

the enactment of this section".

Subsec. (g). Pub. L. 104-287 substituted "December 18, 1991" for

"the date of the enactment of this section".

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 7th item on page 138 identifies a report to Congress in a

provision which, as subsequently amended, is contained in subsec.

(j) of this section), see section 3003 of Pub. L. 104-66, as

amended, set out as a note under section 1113 of Title 31, Money

and Finance.

OFFICE OF AIRLINE INFORMATION

Pub. L. 106-181, title I, Sec. 103(b), Apr. 5, 2000, 114 Stat.

67, provided that: "There is authorized to be appropriated from the

Airport and Airway Trust Fund to the Secretary [of Transportation]

$4,000,000 for fiscal years beginning after September 30, 2000, to

fund the activities of the Office of Airline Information in the

Bureau of Transportation Statistics of the Department of

Transportation."

INTERNATIONAL TRADE TRAFFIC

Pub. L. 105-178, title V, Sec. 5115, June 9, 1998, 112 Stat. 446,

as amended by Pub. L. 105-206, title IX, Sec. 9011(e), July 22,

1998, 112 Stat. 864, provided that:

"(a) Study. - The Director of the Bureau of Transportation

Statistics shall carry out a study -

"(1) to measure the ton-miles and value-miles of international

trade traffic carried by highway for each State;

"(2) to evaluate the accuracy and reliability of such measures

for use in the formula for highway apportionments;

"(3) to evaluate the accuracy and reliability of the use of

diesel fuel data as a measure of international trade traffic by

State; and

"(4) to identify needed improvements in long-term data

collection programs to provide accurate and reliable measures of

international traffic for use in the formula for highway

apportionments.

"(b) Basis for Evaluations. - The study shall evaluate the

accuracy and reliability of measures for use as formula factors

based on statistical quality standards developed by the Bureau of

Transportation Statistics, in consultation with the Committee on

National Statistics of the National Academy of Sciences.

"(c) Report. - Not later than 3 years after the date of enactment

of this Act [June 9, 1998], the Director shall submit to the

Committee on Environment and Public Works of the Senate and the

Committee on Transportation and Infrastructure of the House of

Representatives a report on the results of the study carried out

under subsection (a), including recommendations for changes in law

necessary to implement the identified needs for improvements in

long-term data collection programs."

ADVISORY COUNCIL ON TRANSPORTATION STATISTICS

Section 6007 of Pub. L. 102-240 provided that:

"(a) Establishment. - The Director of the Bureau of

Transportation Statistics shall establish an Advisory Council on

Transportation Statistics.

"(b) Function. - It shall be the function of the advisory council

established under this section to advise the Director of the Bureau

of Transportation Statistics on transportation statistics and

analyses, including whether or not the statistics and analysis

disseminated by the Bureau of Transportation Statistics are of high

quality and are based upon the best available objective

information.

"(c) Membership. - The advisory council established under this

section shall be composed of not more than 6 members appointed by

the Director who are not officers or employees of the United States

and who (except for 1 member who shall have expertise in economics

and 1 member who shall have expertise in statistics) have expertise

in transportation statistics and analysis.

"(d) Applicability of Federal Advisory Committee Act. - The

Federal Advisory Committee Act [5 App. U.S.C.] shall apply to the

advisory council established under this section, except that

section 14 of the Federal Advisory Committee Act shall not apply to

the Advisory Committee established under this section."

STUDY OF DATA COLLECTION PROCEDURES AND CAPABILITIES OF DEPARTMENT

OF TRANSPORTATION

Section 6008 of Pub. L. 102-240 provided that:

"(a) Study. - Not later than 1 year after the date of the

establishment of the Bureau of Transportation Statistics, the

Secretary shall enter into an agreement with the National Academy

of Sciences to conduct a study on the adequacy of data collection

procedures and capabilities of the Department of Transportation.

"(b) Consultation. - The Secretary shall enter into the agreement

under subsection (a) in consultation with the Director of the

Bureau of Transportation Statistics.

"(c) Contents. - The study under subsection (a) shall include an

evaluation of the Department of Transportation's data collection

resources, needs, and requirements and an assessment and evaluation

of the systems, capabilities, and procedures established by the

Department to meet such needs and requirements, including the

following:

"(1) Data collection procedures and capabilities.

"(2) Data analysis procedures and capabilities.

"(3) Ability of data bases to integrate with one another.

"(4) Computer hardware and software capabilities.

"(5) Information management systems, including the ability of

information management systems to integrate with one another.

"(6) Availability and training of the personnel of the

Department.

"(7) Budgetary needs and resources of the Department for data

collection.

"(d) Report. - Not later than 18 months after the date of the

agreement under subsection (a), the National Academy of Sciences

shall transmit to Congress a report on the results of the study

under this section, including recommendations for improving the

Department of Transportation's data collection systems,

capabilities, procedures, and analytical hardware and software and

recommendations for improving the Department's management

information systems."

-End-

-CITE-

49 USC Sec. 112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 112. Research and Special Programs Administration

-STATUTE-

(a) Establishment. - There is established in the Department of

Transportation a Research and Special Programs Administration.

(b) Administrator. -

(1) Appointment. - The Administration shall be headed by an

Administrator who shall be appointed by the President, by and

with the advice and consent of the Senate.

(2) Reporting. - The Administrator shall report directly to the

Secretary.

(c) Deputy Administrator. - The Administration shall have a

Deputy Administrator who shall be appointed by the Secretary of

Transportation. The Deputy Administrator shall carry out duties and

powers prescribed by the Administrator.

(d) Responsibilities of Administrator. - The Administrator of the

Administration shall be responsible for carrying out the following:

(1) Hazmat transportation safety. - Duties and powers vested in

the Secretary of Transportation with respect to hazardous

materials transportation safety, except as otherwise delegated by

the Secretary.

(2) Pipeline safety. - Duties and powers vested in the

Secretary with respect to pipeline safety.

(3) Activities of volpe national transportation systems center.

- Duties and powers vested in the Secretary with respect to

activities of the Volpe National Transportation Systems Center.

(4) Other. - Such other duties and powers as the Secretary

shall prescribe, including such multimodal and intermodal duties

as are appropriate.

(e) Limitation on Statutory Construction. - Nothing in this

section shall affect any delegation of authority, regulation,

order, approval, exemption, waiver, contract, or other

administrative act of the Secretary with respect to laws

administered through the Research and Special Programs

Administration of the Department of Transportation on October 24,

1992.

-SOURCE-

(Added Pub. L. 102-508, title IV, Sec. 401(a), Oct. 24, 1992, 106

Stat. 3310; amended Pub. L. 103-429, Sec. 6(1), Oct. 31, 1994, 108

Stat. 4378.)

-MISC1-

AMENDMENTS

1994 - Subsec. (e). Pub. L. 103-429 substituted "October 24,

1992" for "the date of the enactment of this section".

DEVELOPMENT OF UNDERGROUND UTILITY LOCATION TECHNOLOGIES

Section 306 of Pub. L. 102-508 provided that:

"(a) In General. - The Secretary of Transportation shall carry

out a research and development program on underground utility

location technologies.

"(b) Authorization of Appropriations. - There is authorized to be

appropriated to carry out this section $500,000 for fiscal years

beginning after September 30, 1992. Such sums shall remain

available until expended."

-End-

-CITE-

49 USC Sec. 113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 113. Federal Motor Carrier Safety Administration

-STATUTE-

(a) In General. - The Federal Motor Carrier Safety Administration

shall be an administration of the Department of Transportation.

(b) Safety as Highest Priority. - In carrying out its duties, the

Administration shall consider the assignment and maintenance of

safety as the highest priority, recognizing the clear intent,

encouragement, and dedication of Congress to the furtherance of the

highest degree of safety in motor carrier transportation.

(c) Administrator. - The head of the Administration shall be the

Administrator who shall be appointed by the President, by and with

the advice and consent of the Senate, and shall be an individual

with professional experience in motor carrier safety. The

Administrator shall report directly to the Secretary of

Transportation.

(d) Deputy Administrator. - The Administration shall have a

Deputy Administrator appointed by the Secretary, with the approval

of the President. The Deputy Administrator shall carry out duties

and powers prescribed by the Administrator.

(e) Chief Safety Officer. - The Administration shall have an

Assistant Federal Motor Carrier Safety Administrator appointed in

the competitive service by the Secretary, with the approval of the

President. The Assistant Administrator shall be the Chief Safety

Officer of the Administration. The Assistant Administrator shall

carry out the duties and powers prescribed by the Administrator.

(f) Powers and Duties. - The Administrator shall carry out -

(1) duties and powers related to motor carriers or motor

carrier safety vested in the Secretary by chapters 5, 51, 55, 57,

59, 133 through 149, 311, 313, 315, and 317 and by section 18 of

the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat.

1249-1250); except as otherwise delegated by the Secretary to any

agency of the Department of Transportation other than the Federal

Highway Administration, as of October 8, 1999; and

(2) additional duties and powers prescribed by the Secretary.

(g) Limitation on Transfer of Powers and Duties. - A duty or

power specified in subsection (f)(1) may only be transferred to

another part of the Department when specifically provided by law.

(h) Effect of Certain Decisions. - A decision of the

Administrator involving a duty or power specified in subsection

(f)(1) and involving notice and hearing required by law is

administratively final.

(i) Consultation. - The Administrator shall consult with the

Federal Highway Administrator and with the National Highway Traffic

Safety Administrator on matters related to highway and motor

carrier safety.

-SOURCE-

(Added Pub. L. 106-159, title I, Sec. 101(a), Dec. 9, 1999, 113

Stat. 1750.)

-MISC1-

EFFECTIVE DATE

Section effective Jan. 1, 2000, see section 107(a) of Pub. L.

106-159, set out as an Effective Date of 1999 Amendment note under

section 104 of this title.

FINDINGS

Pub. L. 106-159, Sec. 3, Dec. 9, 1999, 113 Stat. 1749, provided

that: "Congress makes the following findings:

"(1) The current rate, number, and severity of crashes

involving motor carriers in the United States are unacceptable.

"(2) The number of Federal and State commercial motor vehicle

and operator inspections is insufficient and civil penalties for

violators must be utilized to deter future violations.

"(3) The Department of Transportation is failing to meet

statutorily mandated deadlines for completing rulemaking

proceedings on motor carrier safety and, in some significant

safety rulemaking proceedings, including driver hours-of-service

regulations, extensive periods have elapsed without progress

toward resolution or implementation.

"(4) Too few motor carriers undergo compliance reviews and the

Department's data bases and information systems require

substantial improvement to enhance the Department's ability to

target inspection and enforcement resources toward the most

serious safety problems and to improve States' ability to keep

dangerous drivers off the roads.

"(5) Additional safety inspectors and inspection facilities are

needed in international border areas to ensure that commercial

motor vehicles, drivers, and carriers comply with United States

safety standards.

"(6) The Department should rigorously avoid conflicts of

interest in federally funded research.

"(7) Meaningful measures to improve safety must be implemented

expeditiously to prevent increases in motor carrier crashes,

injuries, and fatalities.

"(8) Proper use of Federal resources is essential to the

Department's ability to improve its research, rulemaking,

oversight, and enforcement activities related to commercial motor

vehicles, operators, and carriers."

PURPOSES

Pub. L. 106-159, Sec. 4, Dec. 9, 1999, 113 Stat. 1749, provided

that: "The purposes of this Act [see Tables for classification] are

-

"(1) to improve the administration of the Federal motor carrier

safety program and to establish a Federal Motor Carrier Safety

Administration in the Department of Transportation; and

"(2) to reduce the number and severity of large-truck involved

crashes through more commercial motor vehicle and operator

inspections and motor carrier compliance reviews, stronger

enforcement measures against violators, expedited completion of

rulemaking proceedings, scientifically sound research, and

effective commercial driver's license testing, recordkeeping and

sanctions."

SAVINGS PROVISION

Pub. L. 106-159, title I, Sec. 106, Dec. 9, 1999, 113 Stat. 1756,

provided that:

"(a) Transfer of Assets and Personnel. - Except as otherwise

provided in this Act [see Tables for classification] and the

amendments made by this Act, those personnel, property, and records

employed, used, held, available, or to be made available in

connection with a function transferred to the Federal Motor Carrier

Safety Administration by this Act shall be transferred to the

Administration for use in connection with the functions

transferred, and unexpended balances of appropriations,

allocations, and other funds of the Office of Motor Carrier Safety

(including any predecessor entity) shall also be transferred to the

Administration.

"(b) Legal Documents. - All orders, determinations, rules,

regulations, permits, grants, loans, contracts, settlements,

agreements, certificates, licenses, and privileges -

"(1) that have been issued, made, granted, or allowed to become

effective by the Office, any officer or employee of the Office,

or any other Government official, or by a court of competent

jurisdiction, in the performance of any function that is

transferred by this Act or the amendments made by this Act; and

"(2) that are in effect on the effective date of such transfer

(or become effective after such date pursuant to their terms as

in effect on such effective date),

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the Administration, any other authorized official, a court

of competent jurisdiction, or operation of law.

"(c) Proceedings. -

"(1) In general. - The provisions of this Act shall not affect

any proceedings or any application for any license pending before

the Office at the time this Act takes effect [see Effective Date

of 1999 Amendment note set out under section 104 of this title],

insofar as those functions are transferred by this Act; but such

proceedings and applications, to the extent that they relate to

functions so transferred, shall be continued. Orders shall be

issued in such proceedings, appeals shall be taken therefrom, and

payments shall be made pursuant to such orders, as if this Act

had not been enacted; and orders issued in any such proceedings

shall continue in effect until modified, terminated, superseded,

or revoked by a duly authorized official, by a court of competent

jurisdiction, or by operation of law.

"(2) Statutory construction. - Nothing in this subsection shall

be deemed to prohibit the discontinuance or modification of any

proceeding described in paragraph (1) under the same terms and

conditions and to the same extent that such proceeding could have

been discontinued or modified if this Act had not been enacted.

"(3) Orderly transfer. - The Secretary is authorized to provide

for the orderly transfer of pending proceedings from the Office.

"(d) Suits. -

"(1) In general. - This Act shall not affect suits commenced

before the date of the enactment of this Act [Dec. 9, 1999],

except as provided in paragraphs (2) and (3). In all such suits,

proceeding shall be had, appeals taken, and judgments rendered in

the same manner and with the same effect as if this Act had not

been enacted.

"(2) Suits by or against omcs. - Any suit by or against the

Office begun before January 1, 2000, shall be continued, insofar

as it involves a function retained and transferred under this

Act, with the Administration (to the extent the suit involves

functions transferred to the Administration under this Act)

substituted for the Office.

"(3) Remanded cases. - If the court in a suit described in

paragraph (1) remands a case to the Administration, subsequent

proceedings related to such case shall proceed in accordance with

applicable law and regulations as in effect at the time of such

subsequent proceedings.

"(e) Continuance of Actions Against Officers. - No suit, action,

or other proceeding commenced by or against any officer in his

official capacity as an officer of the Office shall abate by reason

of the enactment of this Act. No cause of action by or against the

Office, or by or against any officer thereof in his official

capacity, shall abate by reason of the enactment of this Act.

"(f) Exercise of Authorities. - Except as otherwise provided by

law, an officer or employee of the Administration may, for purposes

of performing a function transferred by this Act or the amendments

made by this Act, exercise all authorities under any other

provision of law that were available with respect to the

performance of that function to the official responsible for the

performance of the function immediately before the effective date

of the transfer of the function under this Act or the amendments

made by this Act.

"(g) References. - Any reference to the Office in any Federal

law, Executive order, rule, regulation, or delegation of authority,

or any document of or pertaining to the Office or an officer or

employee of the Office is deemed to refer to the Administration or

a member or employee of the Administration, as appropriate."

-End-

-CITE-

49 USC Sec. 114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 114. Transportation Security Administration

-STATUTE-

(a) In General. - The Transportation Security Administration

shall be an administration of the Department of Transportation.

(b) Under Secretary. -

(1) Appointment. - The head of the Administration shall be the

Under Secretary of Transportation for Security. The Under

Secretary shall be appointed by the President, by and with the

advice and consent of the Senate.

(2) Qualifications. - The Under Secretary must -

(A) be a citizen of the United States; and

(B) have experience in a field directly related to

transportation or security.

(3) Term. - The term of office of an individual appointed as

the Under Secretary shall be 5 years.

(c) Limitation on Ownership of Stocks and Bonds. - The Under

Secretary may not own stock in or bonds of a transportation or

security enterprise or an enterprise that makes equipment that

could be used for security purposes.

(d) Functions. - The Under Secretary shall be responsible for

security in all modes of transportation, including -

(1) carrying out chapter 449, relating to civil aviation

security, and related research and development activities; and

(2) security responsibilities over other modes of

transportation that are exercised by the Department of

Transportation.

(e) Screening Operations. - The Under Secretary shall -

(1) be responsible for day-to-day Federal security screening

operations for passenger air transportation and intrastate air

transportation under sections 44901 and 44935;

(2) develop standards for the hiring and retention of security

screening personnel;

(3) train and test security screening personnel; and

(4) be responsible for hiring and training personnel to provide

security screening at all airports in the United States where

screening is required under section 44901, in consultation with

the Secretary of Transportation and the heads of other

appropriate Federal agencies and departments.

(f) Additional Duties and Powers. - In addition to carrying out

the functions specified in subsections (d) and (e), the Under

Secretary shall -

(1) receive, assess, and distribute intelligence information

related to transportation security;

(2) assess threats to transportation;

(3) develop policies, strategies, and plans for dealing with

threats to transportation security;

(4) make other plans related to transportation security,

including coordinating countermeasures with appropriate

departments, agencies, and instrumentalities of the United States

Government;

(5) serve as the primary liaison for transportation security to

the intelligence and law enforcement communities;

(6) on a day-to-day basis, manage and provide operational

guidance to the field security resources of the Administration,

including Federal Security Managers as provided by section 44933;

(7) enforce security-related regulations and requirements;

(8) identify and undertake research and development activities

necessary to enhance transportation security;

(9) inspect, maintain, and test security facilities, equipment,

and systems;

(10) ensure the adequacy of security measures for the

transportation of cargo;

(11) oversee the implementation, and ensure the adequacy, of

security measures at airports and other transportation

facilities;

(12) require background checks for airport security screening

personnel, individuals with access to secure areas of airports,

and other transportation security personnel;

(13) work in conjunction with the Administrator of the Federal

Aviation Administration with respect to any actions or activities

that may affect aviation safety or air carrier operations;

(14) work with the International Civil Aviation Organization

and appropriate aeronautic authorities of foreign governments

under section 44907 to address security concerns on passenger

flights by foreign air carriers in foreign air transportation;

and

(15) carry out such other duties, and exercise such other

powers, relating to transportation security as the Under

Secretary considers appropriate, to the extent authorized by law.

(g) National Emergency Responsibilities. -

(1) In general. - Subject to the direction and control of the

Secretary, the Under Secretary, during a national emergency,

shall have the following responsibilities:

(A) To coordinate domestic transportation, including

aviation, rail, and other surface transportation, and maritime

transportation (including port security).

(B) To coordinate and oversee the transportation-related

responsibilities of other departments and agencies of the

Federal Government other than the Department of Defense and the

military departments.

(C) To coordinate and provide notice to other departments and

agencies of the Federal Government, and appropriate agencies of

State and local governments, including departments and agencies

for transportation, law enforcement, and border control, about

threats to transportation.

(D) To carry out such other duties, and exercise such other

powers, relating to transportation during a national emergency

as the Secretary shall prescribe.

(2) Authority of other departments and agencies. - The

authority of the Under Secretary under this subsection shall not

supersede the authority of any other department or agency of the

Federal Government under law with respect to transportation or

transportation-related matters, whether or not during a national

emergency.

(3) Circumstances. - The Secretary shall prescribe the

circumstances constituting a national emergency for purposes of

this subsection.

(h) Management of Security Information. - In consultation with

the Transportation Security Oversight Board, the Under Secretary

shall -

(1) enter into memoranda of understanding with Federal agencies

or other entities to share or otherwise cross-check as necessary

data on individuals identified on Federal agency databases who

may pose a risk to transportation or national security;

(2) establish procedures for notifying the Administrator of the

Federal Aviation Administration, appropriate State and local law

enforcement officials, and airport or airline security officers

of the identity of individuals known to pose, or suspected of

posing, a risk of air piracy or terrorism or a threat to airline

or passenger safety;

(3) in consultation with other appropriate Federal agencies and

air carriers, establish policies and procedures requiring air

carriers -

(A) to use information from government agencies to identify

individuals on passenger lists who may be a threat to civil

aviation or national security; and

(B) if such an individual is identified, notify appropriate

law enforcement agencies, prevent the individual from boarding

an aircraft, or take other appropriate action with respect to

that individual; and

(4) consider requiring passenger air carriers to share

passenger lists with appropriate Federal agencies for the purpose

of identifying individuals who may pose a threat to aviation

safety or national security.

(i) View of NTSB. - In taking any action under this section that

could affect safety, the Under Secretary shall give great weight to

the timely views of the National Transportation Safety Board.

(j) Acquisitions. -

(1) In general. - The Under Secretary is authorized -

(A) to acquire (by purchase, lease, condemnation, or

otherwise) such real property, or any interest therein, within

and outside the continental United States, as the Under

Secretary considers necessary;

(B) to acquire (by purchase, lease, condemnation, or

otherwise) and to construct, repair, operate, and maintain such

personal property (including office space and patents), or any

interest therein, within and outside the continental United

States, as the Under Secretary considers necessary;

(C) to lease to others such real and personal property and to

provide by contract or otherwise for necessary facilities for

the welfare of its employees and to acquire, maintain, and

operate equipment for these facilities;

(D) to acquire services, including such personal services as

the Secretary determines necessary, and to acquire (by

purchase, lease, condemnation, or otherwise) and to construct,

repair, operate, and maintain research and testing sites and

facilities; and

(E) in cooperation with the Administrator of the Federal

Aviation Administration, to utilize the research and

development facilities of the Federal Aviation Administration.

(2) Title. - Title to any property or interest therein acquired

pursuant to this subsection shall be held by the Government of

the United States.

(k) Transfers of Funds. - The Under Secretary is authorized to

accept transfers of unobligated balances and unexpended balances of

funds appropriated to other Federal agencies (as such term is

defined in section 551(1) of title 5) to carry out functions

transferred, on or after the date of enactment of the Aviation and

Transportation Security Act, by law to the Under Secretary.

(l) Regulations. -

(1) In general. - The Under Secretary is authorized to issue,

rescind, and revise such regulations as are necessary to carry

out the functions of the Administration.

(2) Emergency procedures. -

(A) In general. - Notwithstanding any other provision of law

or executive order (including an executive order requiring a

cost-benefit analysis), if the Under Secretary determines that

a regulation or security directive must be issued immediately

in order to protect transportation security, the Under

Secretary shall issue the regulation or security directive

without providing notice or an opportunity for comment and

without prior approval of the Secretary.

(B) Review by transportation security oversight board. - Any

regulation or security directive issued under this paragraph

shall be subject to review by the Transportation Security

Oversight Board established under section 115. Any regulation

or security directive issued under this paragraph shall remain

effective for a period not to exceed 90 days unless ratified or

disapproved by the Board or rescinded by the Under Secretary.

(3) Factors to consider. - In determining whether to issue,

rescind, or revise a regulation under this section, the Under

Secretary shall consider, as a factor in the final determination,

whether the costs of the regulation are excessive in relation to

the enhancement of security the regulation will provide. The

Under Secretary may waive requirements for an analysis that

estimates the number of lives that will be saved by the

regulation and the monetary value of such lives if the Under

Secretary determines that it is not feasible to make such an

estimate.

(4) Airworthiness objections by faa. -

(A) In general. - The Under Secretary shall not take an

aviation security action under this title if the Administrator

of the Federal Aviation Administration notifies the Under

Secretary that the action could adversely affect the

airworthiness of an aircraft.

(B) Review by secretary. - Notwithstanding subparagraph (A),

the Under Secretary may take such an action, after receiving a

notification concerning the action from the Administrator under

subparagraph (A), if the Secretary of Transportation

subsequently approves the action.

(m) Personnel and Services; Cooperation by Under Secretary. -

(1) Authority of under secretary. - In carrying out the

functions of the Administration, the Under Secretary shall have

the same authority as is provided to the Administrator of the

Federal Aviation Administration under subsections (l) and (m) of

section 106.

(2) Authority of agency heads. - The head of a Federal agency

shall have the same authority to provide services, supplies,

equipment, personnel, and facilities to the Under Secretary as

the head has to provide services, supplies, equipment, personnel,

and facilities to the Administrator of the Federal Aviation

Administration under section 106(m).

(n) Personnel Management System. - The personnel management

system established by the Administrator of the Federal Aviation

Administration under section 40122 shall apply to employees of the

Transportation Security Administration, or, subject to the

requirements of such section, the Under Secretary may make such

modifications to the personnel management system with respect to

such employees as the Under Secretary considers appropriate, such

as adopting aspects of other personnel systems of the Department of

Transportation.

(o) Acquisition Management System. - The acquisition management

system established by the Administrator of the Federal Aviation

Administration under section 40110 shall apply to acquisitions of

equipment, supplies, and materials by the Transportation Security

Administration, or, subject to the requirements of such section,

the Under Secretary may make such modifications to the acquisition

management system with respect to such acquisitions of equipment,

supplies, and materials as the Under Secretary considers

appropriate, such as adopting aspects of other acquisition

management systems of the Department of Transportation.

(p) Authority of Inspector General. - The Transportation Security

Administration shall be subject to the Inspector General Act of

1978 (5 U.S.C. App.) and other laws relating to the authority of

the Inspector General of the Department of Transportation.

(q) Law Enforcement Powers. -

(1) In general. - The Under Secretary may designate an employee

of the Transportation Security Administration to serve as a law

enforcement officer.

(2) Powers. - While engaged in official duties of the

Administration as required to fulfill the responsibilities under

this section, a law enforcement officer designated under

paragraph (1) may -

(A) carry a firearm;

(B) make an arrest without a warrant for any offense against

the United States committed in the presence of the officer, or

for any felony cognizable under the laws of the United States

if the officer has probable cause to believe that the person to

be arrested has committed or is committing the felony; and

(C) seek and execute warrants for arrest or seizure of

evidence issued under the authority of the United States upon

probable cause that a violation has been committed.

(3) Guidelines on exercise of authority. - The authority

provided by this subsection shall be exercised in accordance with

guidelines prescribed by the Under Secretary, in consultation

with the Attorney General of the United States, and shall include

adherence to the Attorney General's policy on use of deadly

force.

(4) Revocation or suspension of authority. - The powers

authorized by this subsection may be rescinded or suspended

should the Attorney General determine that the Under Secretary

has not complied with the guidelines prescribed in paragraph (3)

and conveys the determination in writing to the Secretary of

Transportation and the Under Secretary.

(r) Authority To Exempt. - The Under Secretary may grant an

exemption from a regulation prescribed in carrying out this section

if the Under Secretary determines that the exemption is in the

public interest.

(s) Nondisclosure of Security Activities. -

(1) In general. - Notwithstanding section 552 of title 5, the

Under Secretary shall prescribe regulations prohibiting the

disclosure of information obtained or developed in carrying out

security under authority of the Aviation and Transportation

Security Act (Public Law 107-71) or under chapter 449 of this

title if the Under Secretary decides that disclosing the

information would -

(A) be an unwarranted invasion of personal privacy;

(B) reveal a trade secret or privileged or confidential

commercial or financial information; or

(C) be detrimental to the security of transportation.

(2) Availability of information to congress. - Paragraph (1)

does not authorize information to be withheld from a committee of

Congress authorized to have the information.

(3) Limitation on transferability of duties. - Except as

otherwise provided by law, the Under Secretary may not transfer a

duty or power under this subsection to another department,

agency, or instrumentality of the United States.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 101(a), Nov. 19, 2001, 115

Stat. 597; amended Pub. L. 107-296, title XVI, Sec. 1601(b), title

XVII, Sec. 1707, Nov. 25, 2002, 116 Stat. 2312, 2318.)

-REFTEXT-

REFERENCES IN TEXT

The date of enactment of the Aviation and Transportation Security

Act, referred to in subsec. (k), is the date of enactment of Pub.

L. 107-71, which was approved Nov. 19, 2001.

The Inspector General Act of 1978, referred to in subsec. (p), is

Pub. L. 95-452, Oct. 12, 1978, 92 Stat. 1101, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The Aviation and Transportation Security Act, referred to in

subsec. (s)(1), is Pub. L. 107-71, Nov. 19, 2001, 115 Stat. 597, as

amended. For complete classification of this Act to the Code, see

Short Title of 2001 Amendment note set out under section 40101 of

this title and Tables.

-MISC1-

AMENDMENTS

2002 - Subsec. (l)(2)(B). Pub. L. 107-296, Sec. 1707, inserted

"for a period not to exceed 90 days" after "effective" and

"ratified or" before "disapproved".

Subsec. (s). Pub. L. 107-296, Sec. 1601(b), added subsec. (s).

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

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.

-MISC2-

ENHANCED SECURITY MEASURES

Pub. L. 107-71, title I, Sec. 109, Nov. 19, 2001, 115 Stat. 613,

as amended by Pub. L. 107-296, title XIV, Sec. 1403(b), Nov. 25,

2002, 116 Stat. 2306, provided that:

"(a) In General. - The Under Secretary of Transportation for

Security may take the following actions:

"(1) Require effective 911 emergency call capability for

telephones serving passenger aircraft and passenger trains.

"(2) Establish a uniform system of identification for all State

and local law enforcement personnel for use in obtaining

permission to carry weapons in aircraft cabins and in obtaining

access to a secured area of an airport, if otherwise authorized

to carry such weapons.

"(3) Establish requirements to implement trusted passenger

programs and use available technologies to expedite the security

screening of passengers who participate in such programs, thereby

allowing security screening personnel to focus on those

passengers who should be subject to more extensive screening.

"(4) In consultation with the Commissioner of the Food and Drug

Administration, develop alternative security procedures under

which a medical product to be transported on a flight of an air

carrier would not be subject to an inspection that would

irreversibly damage the product.

"(5) Provide for the use of technologies, including wireless

and wire line data technologies, to enable the private and secure

communication of threats to aid in the screening of passengers

and other individuals on airport property who are identified on

any State or Federal security-related data base for the purpose

of having an integrated response coordination of various

authorized airport security forces.

"(6) In consultation with the Administrator of the Federal

Aviation Administration, consider whether to require all pilot

licenses to incorporate a photograph of the license holder and

appropriate biometric imprints.

"(7) Provide for the use of voice stress analysis, biometric,

or other technologies to prevent a person who might pose a danger

to air safety or security from boarding the aircraft of an air

carrier or foreign air carrier in air transportation or

intrastate air transportation.

"(8) Provide for the use of technology that will permit

enhanced instant communications and information between airborne

passenger aircraft and appropriate individuals or facilities on

the ground.

"(9) Require that air carriers provide flight attendants with a

discreet, hands-free, wireless method of communicating with the

pilots.

"(b) Report. - Not later than 6 months after the date of

enactment of this Act [Nov. 19, 2001], and annually thereafter

until the Under Secretary has implemented or decided not to take

each of the actions specified in subsection (a), the Under

Secretary shall transmit to Congress a report on the progress of

the Under Secretary in evaluating and taking such actions,

including any legislative recommendations that the Under Secretary

may have for enhancing transportation security."

[For definitions of terms used in section 109 of Pub. L. 107-71,

set out above, see section 133 of Pub. L. 107-71, set out as a note

under section 40102 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 20105 of this title.

-End-

-CITE-

49 USC Sec. 115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 1 - ORGANIZATION

-HEAD-

Sec. 115. Transportation Security Oversight Board

-STATUTE-

(a) In General. - There is established in the Department of

Homeland Security a board to be known as the "Transportation

Security Oversight Board".

(b) Membership. -

(1) Number and appointment. - The Board shall be composed of 7

members as follows:

(A) The Secretary of Homeland Security, or the Secretary's

designee.

(B) The Secretary of Transportation, or the Secretary's

designee.

(C) The Attorney General, or the Attorney General's designee.

(D) The Secretary of Defense, or the Secretary's designee.

(E) The Secretary of the Treasury, or the Secretary's

designee.

(F) The Director of the Central Intelligence Agency, or the

Director's designee.

(G) One member appointed by the President to represent the

National Security Council.

(2) Chairperson. - The Chairperson of the Board shall be the

Secretary of Homeland Security.

(c) Duties. - The Board shall -

(1) review and ratify or disapprove any regulation or security

directive issued by the Under Secretary of Transportation for

security (!1) under section 114(l)(2) within 30 days after the

date of issuance of such regulation or directive;

(2) facilitate the coordination of intelligence, security, and

law enforcement activities affecting transportation;

(3) facilitate the sharing of intelligence, security, and law

enforcement information affecting transportation among Federal

agencies and with carriers and other transportation providers as

appropriate;

(4) explore the technical feasibility of developing a common

database of individuals who may pose a threat to transportation

or national security;

(5) review plans for transportation security;

(6) make recommendations to the Under Secretary regarding

matters reviewed under paragraph (5).

(d) Quarterly Meetings. - The Board shall meet at least

quarterly.

(e) Consideration of Security Information. - A majority of the

Board may vote to close a meeting of the Board to the public,

except that meetings shall be closed to the public whenever

classified, sensitive security information, or information

protected in accordance with section 40119(b), will be discussed.

-SOURCE-

(Added Pub. L. 107-71, title I, Sec. 102(a), Nov. 19, 2001, 115

Stat. 604; amended Pub. L. 107-296, title IV, Sec. 426(a), Nov. 25,

2002, 116 Stat. 2186.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-296, Sec. 426(a)(1), substituted

"Department of Homeland Security" for "Department of

Transportation".

Subsec. (b)(1). Pub. L. 107-296, Sec. 426(a)(2), added subpar.

(A), redesignated former subpars. (A) to (F) as (B) to (G),

respectively, and struck out former subpar. (G) which read as

follows: "One member appointed by the President to represent the

Office of Homeland Security."

Subsec. (b)(2). Pub. L. 107-296, Sec. 426(a)(3), substituted

"Secretary of Homeland Security" for "Secretary of Transportation".

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Transportation Security Administration of the Department of

Transportation, including the functions of the Secretary of

Transportation, and of the Under Secretary of Transportation for

Security, relating thereto, to the Secretary of Homeland Security,

and for treatment of related references, see sections 203(2),

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 114 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-