US (United States) Code. Title 49. Subtitle I. Chapter 3: General duties and power

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

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-CITE-

49 USC CHAPTER 3 - GENERAL DUTIES AND POWERS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

-HEAD-

CHAPTER 3 - GENERAL DUTIES AND POWERS

-MISC1-

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

Sec.

301. Leadership, consultation, and cooperation.

302. Policy standards for transportation.

303. Policy on lands, wildlife and waterfowl refuges, and

historic sites.

303a. Development of water transportation.

304. Joint activities with the Secretary of Housing and

Urban Development.

305. Transportation investment standards and criteria.

306. Prohibited discrimination.

307. Safety information and intervention in Interstate

Commerce Commission proceedings.

308. Reports.

309. High-speed ground transportation.

SUBCHAPTER II - ADMINISTRATIVE

321. Definitions.

322. General powers.

323. Personnel.

324. Members of the armed forces.

325. Advisory committees.

326. Gifts.

327. Administrative working capital fund.

328. Transportation Systems Center working capital fund.

329. Transportation information.

330. Research contracts.

331. Service, supplies, and facilities at remote places.

332. Minority Resource Center.

333. Responsibility for rail transportation unification and

coordination projects.

[334, 335. Repealed.]

336. Civil penalty procedures.

337. Budget request for the Director of Intelligence and

Security.

SUBCHAPTER III - MISCELLANEOUS

351. Judicial review of actions in carrying out certain

transferred duties and powers.

352. Authority to carry out certain transferred duties and

powers.

353. Toxicological testing of officers and employees.

AMENDMENTS

1994 - Pub. L. 103-272, Sec. 4(j)(6)(B), (9)(B), (10)(B), July 5,

1994, 108 Stat. 1366-1368, added item 303a, struck out items 334

"Limit on aviation charges" and 335 "Authorization of

appropriations", and added item 337, subchapter III heading, and

items 351 to 353.

1991 - Pub. L. 102-240, title I, Sec. 1036(c)(2), Dec. 18, 1991,

105 Stat. 1985, added item 309.

1989 - Pub. L. 101-225, title III, Sec. 305(2), Dec. 12, 1989,

103 Stat. 1925, added item 336.

1984 - Pub. L. 98-216, Sec. 2(1)(B), Feb. 14, 1984, 98 Stat. 5,

substituted "Reports" for "Annual reports" in item 308.

-End-

-CITE-

49 USC SUBCHAPTER I - DUTIES OF THE SECRETARY OF

TRANSPORTATION 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-End-

-CITE-

49 USC Sec. 301 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 301. Leadership, consultation, and cooperation

-STATUTE-

The Secretary of Transportation shall -

(1) under the direction of the President, exercise leadership

in transportation matters, including those matters affecting

national defense and those matters involving national or regional

emergencies;

(2) provide leadership in the development of transportation

policies and programs, and make recommendations to the President

and Congress for their consideration and implementation;

(3) coordinate Federal policy on intermodal transportation and

initiate policies to promote efficient intermodal transportation

in the United States;

(4) promote and undertake the development, collection, and

dissemination of technological, statistical, economic, and other

information relevant to domestic and international

transportation;

(5) consult and cooperate with the Secretary of Labor in

compiling information regarding the status of labor-management

contracts and other labor-management problems and in promoting

industrial harmony and stable employment conditions in all modes

of transportation;

(6) promote and undertake research and development related to

transportation, including noise abatement, with particular

attention to aircraft noise, and including basic highway vehicle

science;

(7) consult with the heads of other departments, agencies, and

instrumentalities of the United States Government on the

transportation requirements of the Government, including

encouraging them to establish and observe policies consistent

with maintaining a coordinated transportation system in procuring

transportation or in operating their own transport services;

(8) consult and cooperate with State and local governments,

carriers, labor, and other interested persons, including, when

appropriate, holding informal public hearings; and

(9) develop and coordinate Federal policy on financing

transportation infrastructure, including the provision of direct

Federal credit assistance and other techniques used to leverage

Federal transportation funds.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2418; Pub. L. 102-240,

title V, Sec. 5002(a), title VI, Sec. 6017, Dec. 18, 1991, 105

Stat. 2158, 2183; Pub. L. 105-178, title I, Sec. 1504, June 9,

1998, 112 Stat. 251.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

301 49:1653(a). Oct. 15, 1966, Pub. L.

89-670, Sec. 4(a), 80 Stat.

933.

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

In the introductory clause before "shall", the words "in carrying

out the purposes of this chapter . . . among his responsibilities"

are omitted as surplus.

In clause (4), the word "compiling" is substituted for

"gathering" for consistency.

AMENDMENTS

1998 - Par. (9). Pub. L. 105-178 added par. (9).

1991 - Pars. (3) to (5). Pub. L. 102-240, Sec. 5002(a), added

par. (3) and redesignated former pars. (3) and (4) as (4) and (5),

respectively. Former par. (5) redesignated (6).

Par. (6). Pub. L. 102-240, Secs. 5002(a), 6017, redesignated par.

(5) as (6) and inserted ", and including basic highway vehicle

science". Former par. (6) redesignated (7).

Pars. (7), (8). Pub. L. 102-240, Sec. 5002(a), redesignated pars.

(6) and (7) as (7) and (8), respectively.

COORDINATED TRANSPORTATION SERVICES

Pub. L. 105-178, title III, Sec. 3034, June 9, 1998, 112 Stat.

386, provided that:

"(a) Study. - The Comptroller General shall conduct a study of

Federal departments and agencies (other than the Department of

Transportation) that receive Federal financial assistance for

non-emergency transportation services.

"(b) Contents. - In conducting the study, the Comptroller General

shall -

"(1) identify each Federal department and agency (other than

the Department of Transportation) that has received Federal

financial assistance for non-emergency transportation services in

any of the 3 fiscal years preceding the date of enactment of this

Act [June 9, 1998];

"(2) identify the amount of such assistance received by each

Federal department and agency in such fiscal years; and

"(3) identify the projects and activities funded using such

financial assistance.

"(c) Report. - Not later than 1 year after the date of enactment

of this Act, the Comptroller General shall transmit to the

Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Banking, Housing, and Urban

Affairs of the Senate a report containing the results of the study

and any recommendations for enhanced coordination between the

Department of Transportation and other Federal departments and

agencies that provide funding for non-emergency transportation."

ESTABLISHMENT OF NATIONWIDE DIFFERENTIAL GLOBAL POSITIONING SYSTEM

Pub. L. 105-66, title III, Sec. 346, Oct. 27, 1997, 111 Stat.

1449, provided that:

"(a) As soon as practicable after the date of enactment of this

Act [Oct. 27, 1997], the Secretary of Transportation, acting for

the Department of Transportation, may take receipt of such

equipment and sites of the Ground Wave Emergency Network (referred

to in this section as 'GWEN') as the Secretary of Transportation

determines to be necessary for the establishment of a nationwide

system to be known as the 'Nationwide Differential Global

Positioning System' (referred to in this section as 'NDGPS').

"(b) As soon as practicable after the date of enactment of this

Act [Oct. 27, 1997], the Secretary of Transportation may establish

the NDGPS. In establishing the NDGPS, the Secretary of

Transportation may -

"(1) if feasible, reuse GWEN equipment and sites transferred to

the Department of Transportation under subsection (a);

"(2) to the maximum extent practicable, use contractor services

to install the NDGPS;

"(3) modify the positioning system operated by the Coast Guard

at the time of the establishment of the NDGPS to integrate the

reference stations made available pursuant to subsection (a);

"(4) in cooperation with the Secretary of Commerce, ensure that

the reference stations referred to in paragraph (3) are

compatible with, and integrated into, the Continuously Operating

Reference Station (commonly referred to as 'CORS') system of the

National Geodetic Survey of the Department of Commerce; and

"(5) in cooperation with the Secretary of Commerce, investigate

the use of the NDGPS reference stations for the Global

Positioning System Integrated Precipitable Water Vapor System of

the National Oceanic and Atmospheric Administration.

"(c) The Secretary of Transportation may -

"(1) manage and operate the NDGPS;

"(2) ensure that the service of the NDGPS is provided without

the assessment of any user fee; and

"(3) in cooperation with the Secretary of Defense, ensure that

the use of the NDGPS is denied to any enemy of the United States.

"(d) In any case in which the Secretary of Transportation

determines that contracting for the maintenance of 1 or more NDGPS

reference stations is cost-effective, the Secretary of

Transportation may enter into a contract to provide for that

maintenance.

"(e) The Secretary of Transportation may -

"(1) in cooperation with appropriate representatives of private

industries and universities and officials of State governments -

"(A) investigate improvements (including potential

improvements) to the NDGPS;

"(B) develop standards for the NDGPS; and

"(C) sponsor the development of new applications for the

NDGPS; and

"(2) provide for the continual upgrading of the NDGPS to

improve performance and address the needs of -

"(A) the Federal Government;

"(B) State and local governments; and

"(C) the general public."

INTERMODAL TRANSPORTATION ADVISORY BOARD AND OFFICE OF

INTERMODALISM

Section 5002(b), (c) of Pub. L. 102-240, which provided for

establishment within the Office of the Secretary of Transportation

of an Intermodal Transportation Advisory Board to make

recommendations for carrying out responsibilities of the Secretary

concerning the coordination of Federal policy on intermodal

transportation, and for establishment within the Office of the

Secretary of an Office of Intermodalism to develop intermodal

transportation data, to coordinate Federal research on intermodal

transportation, to provide technical assistance to States and

metropolitan planning organizations, and to provide administrative

and clerical support to the Intermodal Transportation Advisory

Board, was repealed and reenacted as sections 5502 and 5503 of this

title by Pub. L. 103-272, Secs. 1(d), 7(b), July 5, 1994, 108 Stat.

849, 850, 1379.

MODEL INTERMODAL TRANSPORTATION PLANS

Section 5003 of Pub. L. 102-240, which directed Secretary of

Transportation to make grants to States, representing a variety of

geographic regions and transportation needs, patterns, and modes,

for purpose of developing model State intermodal transportation

plans consistent with policy of United States to encourage and

promote development of national intermodal transportation system,

was repealed and reenacted as section 5504 of this title by Pub. L.

103-272, Secs. 1(d), 7(b), July 5, 1994, 108 Stat. 850, 1379.

NATIONAL COMMISSION ON INTERMODAL TRANSPORTATION

Section 5005 of Pub. L. 102-240 provided for establishment of a

National Commission on Intermodal Transportation, consisting of 11

appointed members, to make a complete investigation and study of

intermodal transportation in the United States and internationally

and to send a report to Congress not later than Sept. 30, 1993,

containing recommendations for implementing the policy set out in

section 302(e) of this title, with the Commission to terminate on

the 180th day following transmittal of the report, prior to repeal

by Pub. L. 104-287, Sec. 7(3), Oct. 11, 1996, 110 Stat. 3400.

BORDER CROSSINGS

Section 6015 of Pub. L. 102-240 directed Secretary of

Transportation to identify existing and emerging trade corridors

and transportation subsystems that facilitate trade between United

States, Canada, and Mexico and to recommend changes to improve and

integrate corridor subsystems in order to achieve increased

productivity and use of innovative marketing techniques, and

directed Secretary to report to Congress not later than 18 months

after Dec. 18, 1991, on transportation infrastructure needs and

associated costs and to propose an agenda to develop systemwide

integration of services for national benefits.

UNDERGROUND PIPELINES

Section 6020 of Pub. L. 102-240 directed Secretary of

Transportation to conduct a study to evaluate feasibility, costs,

and benefits of constructing and operating pneumatic capsule

pipelines for underground movement of commodities other than

hazardous liquids and gas, and to submit, not later than 2 years

after Dec. 18, 1991, a report to Congress on the results of the

study, prior to repeal by Pub. L. 104-287, Sec. 7(3), Oct. 11,

1996, 110 Stat. 3400.

LONG-RANGE NATIONAL TRANSPORTATION STRATEGIC PLANNING STUDY

Pub. L. 100-457, title III, Sec. 317(b), Sept. 30, 1988, 102

Stat. 2149, directed Department of Transportation to undertake a

long-range, multi-modal national transportation strategic planning

study, such study to forecast long-term needs and costs for

developing and maintaining facilities and services to achieve a

desired national transportation program for moving people and goods

in the year 2015 and to include detailed analyses of transportation

needs within six to nine metropolitan areas that have diverse

population, development, and demographic patterns, including at

least one interstate metropolitan area, with study to be submitted

to Congress on or before Oct. 1, 1989. Similar provisions were

contained in the following prior appropriation act: Pub. L.

100-202, Sec. 101(l) [title III, Sec. 317(b)], Dec. 22, 1987, 101

Stat. 1329-358, 1329-381.

COMMERCIAL EXPENDABLE LAUNCH VEHICLE ACTIVITIES

Designation of Department of Transportation as lead agency and

duties of the Secretary for encouraging, facilitating, and

developing commercial expendable launch vehicle operations by

private enterprise, see Ex. Ord. No. 12465, Feb. 24, 1984, 49 F.R.

7211, set out under section 70101 of this title.

-EXEC-

EX. ORD. NO. 13274. ENVIRONMENTAL STEWARDSHIP AND TRANSPORTATION

INFRASTRUCTURE PROJECT REVIEWS

Ex. Ord. No. 13274, Sept. 18, 2002, 67 F.R. 59449, as amended by

Ex. Ord. No. 13286, Sec. 2, Feb. 28, 2003, 68 F.R. 10619, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, and to enhance

environmental stewardship and streamline the environmental review

and development of transportation infrastructure projects, it is

hereby ordered as follows:

Section 1. Policy. The development and implementation of

transportation infrastructure projects in an efficient and

environmentally sound manner is essential to the well-being of the

American people and a strong American economy. Executive

departments and agencies (agencies) shall take appropriate actions,

to the extent consistent with applicable law and available

resources, to promote environmental stewardship in the Nation's

transportation system and expedite environmental reviews of

high-priority transportation infrastructure projects.

Sec. 2. Actions. (a) For transportation infrastructure projects,

agencies shall, in support of the Department of Transportation,

formulate and implement administrative, policy, and procedural

mechanisms that enable each agency required by law to conduct

environmental reviews (reviews) with respect to such projects to

ensure completion of such reviews in a timely and environmentally

responsible manner.

(b) In furtherance of the policy set forth in section 1 of this

order, the Secretary of Transportation, in coordination with

agencies as appropriate, shall advance environmental stewardship

through cooperative actions with project sponsors to promote

protection and enhancement of the natural and human environment in

the planning, development, operation, and maintenance of

transportation facilities and services.

(c) The Secretary of Transportation shall designate for the

purposes of this order a list of high-priority transportation

infrastructure projects that should receive expedited agency

reviews and shall amend such list from time to time as the

Secretary deems appropriate. For projects on the Secretary's list,

agencies shall to the maximum extent practicable expedite their

reviews for relevant permits or other approvals, and take related

actions as necessary, consistent with available resources and

applicable laws, including those relating to safety, public health,

and environmental protection.

Sec. 3. Interagency Task Force. (a) Establishment. There is

established, within the Department of Transportation for

administrative purposes, the interagency "Transportation

Infrastructure Streamlining Task Force" (Task Force) to: (i)

monitor and assist agencies in their efforts to expedite a review

of transportation infrastructure projects and issue permits or

similar actions, as necessary; (ii) review projects, at least

quarterly, on the list of priority projects pursuant to section

2(c) of this order; and (iii) identify and promote policies that

can effectively streamline the process required to provide

approvals for transportation infrastructure projects, in compliance

with applicable law, while maintaining safety, public health, and

environmental protection.

(b) Membership and Operation. The Task Force shall promote

interagency cooperation and the establishment of appropriate

mechanisms to coordinate Federal, State, tribal, and local agency

consultation, review, approval, and permitting of transportation

infrastructure projects. The Task Force shall consist exclusively

of the following officers of the United States: the Secretary of

Agriculture, Secretary of Commerce, Secretary of Transportation

(who shall chair the Task Force), Secretary of the Interior,

Secretary of Defense, Secretary of Homeland Security, Administrator

of the Environmental Protection Agency, Chairman of the Advisory

Council on Historic Preservation, and Chairman of the Council on

Environmental Quality. A member of the Task Force may designate, to

perform the Task Force functions of the member, any person who is

part of the member's department, agency, or office and who is

either an officer of the United States appointed by the President

with the advice and consent of the Senate or a member of the Senior

Executive Service. The Task Force shall report to the President

through the Chairman of the Council on Environmental Quality.

Sec. 4. Report. At least once each year, the Task Force shall

submit to the President a report that: (a) Describes the results of

the coordinated and expedited reviews on a project-by-project

basis, and identifies those procedures and actions that proved to

be most useful and appropriate in coordinating and expediting the

review of the projects.

(b) Identifies substantive and procedural requirements of

Federal, State, tribal, and local laws, regulations, and Executive

Orders that are inconsistent with, duplicative of, or are

structured so as to restrict their efficient implementation with

other applicable requirements.

(c) Makes recommendations regarding those additional actions that

could be taken to: (i) address the coordination and expediting of

reviews of transportation infrastructure projects by simplifying

and harmonizing applicable substantive and procedural requirements;

and (ii) elevate and resolve controversies among Federal, State,

tribal, and local agencies related to the review or impacts of

transportation infrastructure projects in a timely manner.

(d) Provides any other recommendations that would, in the

judgement of the Task Force, advance the policy set forth in

section 1 of this order.

Sec. 5. Preservation of Authority. Nothing in this order shall be

construed to impair or otherwise affect the functions of the

Director of the Office of Management and Budget relating to budget,

administrative, and legislative proposals.

Sec. 6. Judicial Review. This order is intended only to improve

the internal management of the Federal Government and is not

intended to, and does not, create any right or benefit, substantive

or procedural, enforceable at law or equity by a party against the

United States, its departments, agencies, instrumentalities or

entities, its officers or employees, or any other person.

George W. Bush.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-End-

-CITE-

49 USC Sec. 302 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 302. Policy standards for transportation

-STATUTE-

(a) The Secretary of Transportation is governed by the

transportation policy of sections 10101 and 13101 of this title in

addition to other laws.

(b) This subtitle and chapters 221 and 315 of this title do not

authorize, without appropriate action by Congress, the adoption,

revision, or implementation of a transportation policy or

investment standards or criteria.

(c) The Secretary shall consider the needs -

(1) for effectiveness and safety in transportation systems; and

(2) of national defense.

(d)(1) It is the policy of the United States to promote the

construction and commercialization of high-speed ground

transportation systems by -

(A) conducting economic and technological research;

(B) demonstrating advancements in high-speed ground

transportation technologies;

(C) establishing a comprehensive policy for the development of

such systems and the effective integration of the various

high-speed ground transportation technologies; and

(D) minimizing the long-term risks of investors.

(2) It is the policy of the United States to establish in the

shortest time practicable a United States designed and constructed

magnetic levitation transportation technology capable of operating

along Federal-aid highway rights-of-way, as part of a national

transportation system of the United States.

(e) Intermodal Transportation. - It is the policy of the United

States Government to encourage and promote development of a

national intermodal transportation system in the United States to

move people and goods in an energy-efficient manner, provide the

foundation for improved productivity growth, strengthen the

Nation's ability to compete in the global economy, and obtain the

optimum yield from the Nation's transportation resources.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 102-240, title I, Sec.

1036(a), title V, Sec. 5001, Dec. 18, 1991, 105 Stat. 1978, 2158;

Pub. L. 103-272, Sec. 5(m)(6), July 5, 1994, 108 Stat. 1375; Pub.

L. 104-88, title III, Sec. 308(a), Dec. 29, 1995, 109 Stat. 946.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

302(a) 49:1653(b)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 4(b), 80 Stat.

933.

302(b) 49:1653(b)(2).

302(c) 49:1653(b)(3).

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

In subsection (a), the words "In carrying out his duties and

responsibilities under this chapter" before "Secretary of

Transportation" are omitted as surplus. The words "the

transportation policy of sections 10101 and 10101a of this title in

addition to other laws" are substituted for "all applicable

statutes including the policy standards set forth in the Federal

Aviation Act of 1958, as amended [49 U.S.C. 1301 et seq.]; the

national transportation policy of the Interstate Commerce Act, as

amended; title 23, relating to Federal-aid highways; and title 14,

titles 52 and 53 of the Revised Statutes, the Act of April 25,

1940, as amended, and the Act of September 2, 1958, as amended,

relating to the United States Coast Guard" because each of the

omitted laws is now applicable to the Secretary of Transportation

and the Department of Transportation as the result of the

restatement of those laws, and the Secretary is therefore bound to

follow those laws by their own terms.

In subsection (c), the words "In exercising the functions,

powers, and duties conferred on and transferred to the Secretary by

this chapter" before "Secretary" are omitted as surplus. The word

"consider" is substituted for "give full consideration to" to

eliminate surplus words. The words "for operational continuity of

the functions transferred" after "the needs" are omitted as

executed.

AMENDMENTS

1995 - Subsec. (a). Pub. L. 104-88 substituted "13101" for

"10101a".

1994 - Subsec. (b). Pub. L. 103-272 substituted "This subtitle

and chapters 221 and 315 of this title" for "Subtitle I and chapter

31 of subtitle II of this title and the Department of

Transportation Act (49 App. U.S.C. 1651 et seq.)".

1991 - Subsec. (d). Pub. L. 102-240, Sec. 1036(a), added subsec.

(d).

Subsec. (e). Pub. L. 102-240, Sec. 5001, added subsec. (e).

1984 - Subsec. (b). Pub. L. 98-216 substituted "49 App. U.S.C."

for "49 U.S.C.".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

EFFECTIVE DATE OF 1991 AMENDMENT

Amendment by section 1036(a) of Pub. L. 102-240 effective Dec.

18, 1991, and applicable to funds authorized to be appropriated or

made available after Sept. 30, 1991, and, with certain exceptions,

not applicable to funds appropriated or made available on or before

Sept. 30, 1991, see section 1100 of Pub. L. 102-240, set out as a

note under section 104 of Title 23, Highways.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-End-

-CITE-

49 USC Sec. 303 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 303. Policy on lands, wildlife and waterfowl refuges, and

historic sites

-STATUTE-

(a) It is the policy of the United States Government that special

effort should be made to preserve the natural beauty of the

countryside and public park and recreation lands, wildlife and

waterfowl refuges, and historic sites.

(b) The Secretary of Transportation shall cooperate and consult

with the Secretaries of the Interior, Housing and Urban

Development, and Agriculture, and with the States, in developing

transportation plans and programs that include measures to maintain

or enhance the natural beauty of lands crossed by transportation

activities or facilities.

(c) The Secretary may approve a transportation program or project

(other than any project for a park road or parkway under section

204 of title 23) requiring the use of publicly owned land of a

public park, recreation area, or wildlife and waterfowl refuge of

national, State, or local significance, or land of an historic site

of national, State, or local significance (as determined by the

Federal, State, or local officials having jurisdiction over the

park, area, refuge, or site) only if -

(1) there is no prudent and feasible alternative to using that

land; and

(2) the program or project includes all possible planning to

minimize harm to the park, recreation area, wildlife and

waterfowl refuge, or historic site resulting from the use.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419; Pub. L. 100-17,

title I, Sec. 133(d), Apr. 2, 1987, 101 Stat. 173.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

303(a) 49:1651(b)(2). Oct. 15, 1966, Pub. L.

89-670, Sec. 2(b)(2), 80

Stat. 931.

49:1653(f) (1st Oct. 15, 1966, Pub. L.

sentence). 89-670, Sec. 4(f), 80 Stat.

934; restated Aug. 23, 1968,

Pub. L. 90-495, Sec. 18(b),

82 Stat. 824.

303(b) 49:1653(f) (2d

sentence).

303(c) 49:1653(f) (less

1st, 2d sentences).

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

In subsection (a), the words "hereby declared to be" before "the

policy" are omitted as surplus. The words "of the United States

Government" are substituted for "national" for clarity and

consistency.

In subsection (b), the words "crossed by transportation

activities or facilities" are substituted for "traversed" for

clarity.

In subsection (c), before clause (1), the words "After August 23,

1968" after "Secretary" are omitted as executed. The word

"transportation" is inserted before "program" for clarity. In

clause (2), the words "or project" are added for consistency.

AMENDMENTS

1987 - Subsec. (c). Pub. L. 100-17 inserted "(other than any

project for a park road or parkway under section 204 of title 23)"

after "program or project".

TREATMENT OF MILITARY FLIGHT OPERATIONS

Pub. L. 105-85, div. A, title X, Sec. 1079, Nov. 18, 1997, 111

Stat. 1916, provided that: "No military flight operation (including

a military training flight), or designation of airspace for such an

operation, may be treated as a transportation program or project

for purposes of section 303(c) of title 49, United States Code."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title; title

16 section 460kkk; title 23 sections 108, 206; title 45 sections

1116, 1212.

-End-

-CITE-

49 USC Sec. 303a 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 303a. Development of water transportation

-STATUTE-

(a) Policy. - It is the policy of Congress -

(1) to promote, encourage, and develop water transportation,

service, and facilities for the commerce of the United States;

and

(2) to foster and preserve rail and water transportation.

(b) Definition. - In this section, "inland waterway" includes the

Great Lakes.

(c) Requirements. - The Secretary of Transportation shall -

(1) investigate the types of vessels suitable for different

classes of inland waterways to promote, encourage, and develop

inland waterway transportation facilities for the commerce of the

United States;

(2) investigate water terminals, both for inland waterway

traffic and for through traffic by water and rail, including the

necessary docks, warehouses, and equipment, and investigate

railroad spurs and switches connecting with those water

terminals, to develop the types most appropriate for different

locations and for transferring passengers or property between

water carriers and rail carriers more expeditiously and

economically;

(3) consult with communities, cities, and towns about the

location of water terminals, and cooperate with them in preparing

plans for terminal facilities;

(4) investigate the existing status of water transportation on

the different inland waterways of the United States to learn the

extent to which -

(A) the waterways are being used to their capacity and are

meeting the demands of traffic; and

(B) water carriers using those waterways are interchanging

traffic with rail carriers;

(5) investigate other matters that may promote and encourage

inland water transportation; and

(6) compile, publish, and distribute information about

transportation on inland waterways that the Secretary considers

useful to the commercial interests of the United States.

-SOURCE-

(Pub. L. 103-272, Sec. 4(j)(6)(A), July 5, 1994, 108 Stat. 1366.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

303a 49 App.:142. Feb. 28, 1920, ch. 91, Sec.

500, 41 Stat. 499; Aug. 6,

1981, Pub. L. 97-31, Sec.

12(9), 95 Stat. 154.

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

Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as

section 303a because the provision more appropriately belongs in

chapter 3.

In subsection (a)(2), the words "in full vigor both" are omitted

as surplus.

In subsection (b), the words "be construed to" are omitted as

surplus.

In subsection (c)(1), the word "appropriate" is omitted as

surplus. The word "vessels" is substituted for "boats" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (c)(2), the words "the subject of", "apparatus",

"appliances in connection therewith", and "or interchange" are

omitted as surplus.

In subsection (c)(3), the words "appropriate" and "suitable" are

omitted as surplus.

In subsection (c)(6), the words "province and", "from time to

time", and "useful statistics, data, and" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 304 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 304. Joint activities with the Secretary of Housing and Urban

Development

-STATUTE-

(a) The Secretary of Transportation and the Secretary of Housing

and Urban Development shall -

(1) consult and exchange information about their respective

transportation policies and activities;

(2) carry out joint planning, research, and other activities;

(3) coordinate assistance for local transportation projects;

and

(4) jointly study methods by which policies and programs of the

United States Government can ensure that urban transportation

systems most effectively serve both transportation needs of the

United States and the comprehensively planned development of

urban areas.

(b) The Secretaries shall report on April 1 of each year to the

President, for submission to Congress, on their studies and other

activities under this section, including legislative

recommendations they consider desirable.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2419.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

304(a) 49:1653(g) (less 3d Oct. 15, 1966, Pub. L.

sentence). 89-670, Sec. 4(g), 80 Stat.

934.

304(b) 49:1653(g) (3d

sentence).

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

In subsection (a), the text of 49:1653(g) (last sentence) is

omitted as executed.

In subsection (a)(4), the word "ensure" is substituted for

"assure" as being more precise. The words "of the United States

Government" are substituted for "Federal", and the words "United

States" are substituted for "national", for clarity and

consistency.

In subsection (b), the words "The Secretaries shall report on

April 1 of each year" are substituted for "They shall, within one

year after the effective date of the Act, and annually thereafter,

report" to omit executed words and to specify the date of April 1

because the President prescribed April 1, 1967, as the effective

date of the Department of Transportation Act (Pub. L. 89-670, 80

Stat. 931) by Executive Order No. 11340, March 30, 1967 (32 F.R.

5443). The word "consider" is substituted for "determine" for

consistency.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(b) of this section relating to the requirement to submit an annual

report to Congress, see section 3003 of Pub. L. 104-66, as amended,

set out as a note under section 1113 of Title 31, Money and

Finance, and the 4th item on page 150 of House Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 305 of this title.

-End-

-CITE-

49 USC Sec. 305 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 305. Transportation investment standards and criteria

-STATUTE-

(a) Subject to sections 301-304 of this title, the Secretary of

Transportation shall develop standards and criteria to formulate

and economically evaluate all proposals for investing amounts of

the United States Government in transportation facilities and

equipment. Based on experience, the Secretary shall revise the

standards and criteria. When approved by Congress, the Secretary

shall prescribe standards and criteria developed or revised under

this subsection. This subsection does not apply to -

(1) the acquisition of transportation facilities or equipment

by a department, agency, or instrumentality of the Government to

provide transportation for its use;

(2) an inter-oceanic canal located outside the 48 contiguous

States;

(3) defense features included at the direction of the

Department of Defense in designing and constructing civil air,

sea, or land transportation;

(4) foreign assistance programs;

(5) water resources projects; or

(6) grant-in-aid programs authorized by law.

(b) A department, agency, or instrumentality of the Government

preparing a survey, plan, or report that includes a proposal about

which the Secretary has prescribed standards and criteria under

subsection (a) of this section shall -

(1) prepare the survey, plan, or report under those standards

and criteria and on the basis of information provided by the

Secretary on the -

(A) projected growth of transportation needs and traffic in

the affected area;

(B) the relative efficiency of various modes of

transportation;

(C) the available transportation services in the area; and

(D) the general effect of the proposed investment on existing

modes of transportation and on the regional and national

economy;

(2) coordinate the survey, plan, or report -

(A) with the Secretary and include the views and comments of

the Secretary; and

(B) as appropriate, with other departments, agencies, and

instrumentalities of the Government, States, and local

governments, and include their views and comments; and

(3) send the survey, plan, or report to the President for

disposition under law and procedure established by the President.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2420.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

305(a) 49:1656(a) (less Oct. 15, 1966, Pub. L.

next-to-last par.). 89-670, Sec. 7 (less (a)

next-to-last par.), 80 Stat.

941.

305(b) 49:1656 (less (a)).

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

In subsection (a), before clause (1), the words "consistent with

national transportation policies" after "develop standards and

criteria" are omitted as unnecessary because of section 302 of the

revised title. The words "Based on experience" are substituted for

"in the light of experience", and the words "shall prescribe" are

substituted for "be promulgated by the", to conform to other

sections of the revised title. The words "from time to time" after

"shall revise" are omitted as unnecessary. The words "This

subsection does not apply to" are substituted for "except such

proposals as are concerned with" for clarity. In clause (1), the

words "a department, agency, or instrumentality of the Government"

are substituted for "Federal agencies" for clarity and consistency.

Similar conforming changes are made throughout the section. The

word "services" after "provide transportation" is omitted as

unnecessary. In clause (2), the words "48 contiguous States" are

substituted for "contiguous United States" for clarity.

The text of 49:1656(a) (last par.) that provided that the

Secretary of Transportation was a member of the Water Resources

Council on matters pertaining to navigation features of water

resource projects is omitted as superseded because 42:1962(a) gave

the Secretary membership on the Council without limitation.

In subsection (b)(2), the words "unit of" before "governments"

are omitted as surplus. In clause (3), the word "thereafter" after

"send" is omitted as surplus.

-End-

-CITE-

49 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 306. Prohibited discrimination

-STATUTE-

(a) In this section, "financial assistance" includes obligation

guarantees.

(b) A person in the United States may not be excluded from

participating in, be denied the benefits of, or be subject to

discrimination under, a project, program, or activity because of

race, color, national origin, or sex when any part of the project,

program, or activity is financed through financial assistance under

section 332 or 333 or chapter 221 or 249 of this title, section 211

or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C.

721, 726), or title V of the Railroad Revitalization and Regulatory

Reform Act of 1976 (45 U.S.C. 821 et seq.).

(c) When the Secretary of Transportation decides that a person

receiving financial assistance under a law referred to in

subsection (b) of this section has not complied with that

subsection, a Federal civil rights law, or an order or regulation

issued under a Federal civil rights law, the Secretary shall notify

the person of the decision and require the person to take necessary

action to ensure compliance with that subsection.

(d) If a person does not comply with subsection (b) of this

section within a reasonable time after receiving a notice under

subsection (c) of this section, the Secretary shall take at least

one of the following actions:

(1) direct that no more Federal financial assistance be

provided the person.

(2) refer the matter to the Attorney General with a

recommendation that a civil action be brought against the person.

(3) carry out the duties and powers provided by title VI of the

Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.).

(4) take other action provided by law.

(e) When a matter is referred to the Attorney General under

subsection (d)(2) of this section, or when the Attorney General has

reason to believe that a person is engaged in a pattern or practice

violating this section, the Attorney General may begin a civil

action in a district court of the United States for appropriate

relief.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421; Pub. L. 98-216, Sec.

2(3), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(7),

July 5, 1994, 108 Stat. 1376.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

306(a) 45:803(f). Feb. 5, 1976, Pub. L.

94-210, Sec. 905, 90 Stat.

148.

306(b) 45:803(a).

306(c), (d) 45:803(b).

306(e) 45:803(c)-(e).

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

In subsection (b), the enumerated laws are substituted for

"through financial assistance under this Act", meaning the Rail

Revitalization and Regulatory Reform Act of 1976 (Pub. L. 94-210,

90 Stat. 31) and laws amended by that Act. The laws cited in the

subsection are substituted for "through financial assistance under

this Act" for clarity. The enumerated laws include provisions of

the Railroad Revitalization and Regulatory Reform Act of 1976 that

amend other laws as well as provisions that are not amendments to

other laws. A reference to the Urban Mass Transportation Act of

1964 (Pub. L. 88-365, 78 Stat. 302) is omitted because this section

related to that Act is superseded by 49:1615.

In subsection (c), the word "decides" is substituted for

"determines" for consistency. The word "ensure" is substituted for

"assure" as being more precise.

In subsection (d), the words "at least one of the following

actions" are substituted for "and/or" for clarity and consistency.

In subsection (e), the text of 45:803(d) is omitted as

unnecessary because section 322 of the revised title gives the

Secretary of Transportation general authority to prescribe

regulations and other provisions of the revised title give the

Secretary general authority to carry out his duties and powers. The

text of 45:803(e) is omitted as unnecessary.

PUB. L. 98-216

This is necessary to correct a cross-reference in section 306(b)

and to reflect the transfer of the non-positive law provisions of

title 49 to title 49 appendix.

-REFTEXT-

REFERENCES IN TEXT

The Railroad Revitalization and Regulatory Reform Act of 1976,

referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90

Stat. 31, as amended. Title V of the Act is classified generally to

subchapter II (Sec. 821 et seq.) of chapter 17 of Title 45,

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

Short Title note set out under section 801 of Title 45 and Tables.

The Civil Rights Act of 1964, referred to in subsec. (d)(3), is

Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of

the Act is classified generally to subchapter V (Sec. 2000d et

seq.) of chapter 21 of Title 42, The Public Health and Welfare. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of Title 42 and Tables.

-MISC2-

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-272 substituted "section 332 or

333 or chapter 221 or 249 of this title, section 211 or 216 of the

Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), or

title V of the Railroad Revitalization and Regulatory Reform Act of

1976 (45 U.S.C. 821 et seq.)" for "section 332 or 333 of this

title, section 211 or 216 of the Regional Rail Reorganization Act

of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad

Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et

seq., 851 et seq.), or section 4(i) or 5 of the Department of

Transportation Act (49 U.S.C. 1653(i), 1654)".

1984 - Subsec. (b). Pub. L. 98-216 substituted "section 332 or

333 of this title" for "section 332 of this title" and "49 App.

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

-End-

-CITE-

49 USC Sec. 307 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 307. Safety information and intervention in Interstate

Commerce Commission proceedings

-STATUTE-

(a) The Secretary of Transportation shall inspect promptly the

safety compliance record in the Department of Transportation of

each person applying to the Interstate Commerce Commission for

authority to provide transportation or freight forwarder service.

The Secretary shall report the findings of the inspection to the

Commission.

(b) When the Secretary is not satisfied with the safety record of

a person applying for permanent authority to provide transportation

or freight forwarder service, or for approval of a proposed

transfer of permanent authority, the Secretary shall intervene and

present evidence of the fitness of the person to the Commission in

its proceedings.

(c) When requested by the Commission, the Secretary shall -

(1) provide the Commission with a complete report on the safety

compliance of a carrier providing transportation or freight

forwarder service subject to its jurisdiction;

(2) provide promptly a statement of the safety record of a

person applying to the Commission for temporary authority to

provide transportation;

(3) intervene and present evidence in a proceeding in which a

finding of fitness is required; and

(4) make additional safety compliance surveys and inspections

the Commission decides are desirable to allow it to act on an

application or to make a finding on the fitness of a carrier.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2421.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

307(a) 49:1653(e)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 4(e), 80 Stat.

934.

307(b) 49:1653(e)(2).

307(c) 49:1653(e)(3), (4).

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

In the section, the words "be the duty of" before "Secretary

shall" are omitted as surplus.

In subsection (a), the word "inspect" is substituted for

"investigate" as being more appropriate. The words "person applying

to the Interstate Commerce Commission for authority to provide

transportation or freight forwarder service" are substituted for

"applicant seeking operating authority from the Interstate Commerce

Commission" as being more precise and to conform to subtitle IV of

the revised title. The words "of the inspection" are inserted for

clarity.

In subsection (b), the words "person applying for permanent

authority to provide transportation or freight forwarder service"

are substituted for "applicant for permanent operating authority"

as being more precise and to conform to subtitle IV of the revised

title. The words "proposed transfer of permanent authority" are

substituted for "proposed transaction involving transfer of

operating authority" to eliminate surplus words and for clarity

because the transfer only involves permanent authority.

In subsection (c)(1), the words "providing transportation or

freight forwarder service subject to its jurisdiction" are inserted

for clarity.

Subsection (c)(2) is substituted for 49:1653(e)(3) for clarity

and to conform to subtitle IV of the revised title. The words

"freight forwarder service" are not used because the law does not

provide for temporary authority for freight forwarders.

In subsection (c)(3) and (4), the word "finding" is substituted

for "determination" to conform to subtitle IV of the revised title.

In subsection (c)(3), the words "necessary or" before "desirable"

are omitted as surplus.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 308 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 308. Reports

-STATUTE-

(a) As soon as practicable after the end of each fiscal year, the

Secretary of Transportation shall report to the President, for

submission to Congress, on the activities of the Department of

Transportation during the prior fiscal year.

(b) The Secretary shall submit to the President and Congress each

year a report on the aviation activities of the Department. The

report shall include -

(1) collected information the Secretary considers valuable in

deciding questions about -

(A) the development and regulation of civil aeronautics;

(B) the use of airspace of the United States; and

(C) the improvement of the air navigation and traffic control

system; and

(2) recommendations for additional legislation and other action

the Secretary considers necessary.

(c) The Secretary shall submit to Congress each year a report on

the conditions of the public ports of the United States, including

the -

(1) economic and technological development of the ports;

(2) extent to which the ports contribute to the national

welfare and security; and

(3) factors that may impede the continued development of the

ports.

[(d) Repealed. Pub. L. 104-66, title I, Sec. 1121(h), Dec. 21,

1995, 109 Stat. 724.]

(e)(1) The Secretary shall submit to Congress in March 1998, and

in March of each even-numbered year thereafter, a report of

estimates by the Secretary on the current performance and condition

of public mass transportation systems with recommendations for

necessary administrative or legislative changes.

(2) In reporting to Congress under this subsection, the Secretary

shall prepare a complete assessment of public transportation

facilities in the United States. The Secretary also shall assess

future needs for those facilities and estimate future capital

requirements and operation and maintenance requirements for

one-year, 5-year, and 10-year periods at specified levels of

service.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec.

2(1)(A), Feb. 14, 1984, 98 Stat. 4; Pub. L. 104-66, title I, Sec.

1121(h), Dec. 21, 1995, 109 Stat. 724; Pub. L. 105-362, title XV,

Sec. 1502(c), Nov. 10, 1998, 112 Stat. 3295.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

308(a) 45:792. Jan. 2, 1974, Pub. L.

93-236, Sec. 602, 87 Stat.

1022.

49:1658. Oct. 15, 1966, Pub. L.

89-670, Sec. 12, 80 Stat.

949; Feb. 5, 1976, Pub. L.

94-210, Sec. 906(1), 90

Stat. 149.

308(b) 49:1354(e). Aug. 23, 1958, Pub. L.

85-726, Sec. 313(e), 72

Stat. 753.

308(c) 15:1519a. Oct. 3, 1980, Pub. L.

96-371, Sec. 2, 94 Stat.

1362; Aug. 6, 1981, Pub. L.

97-31, Sec. 12(8), 95 Stat.

154.

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

In subsection (a), the words "As part of his annual report each

year" in 45:792 are omitted as unnecessary because of the

restatement of the source provisions.

In subsection (b), before clause (1), the words "aviation

activities of the Department" are substituted for "work performed

under this chapter" because of the restatement. The words "The

report shall include" are substituted for "Such report shall

contain" for consistency. In clause (1), the words "and data" after

"information" are omitted as surplus. The words "airspace of the

United States" are substituted for "National airspace" for clarity

and consistency. In clause (2), the words "the Secretary considers

necessary" are substituted for "as may be considered" for clarity.

PUB. L. 98-216

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

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

Section

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

308(d) 49 App.:1654a. Oct. 14, 1980, Pub. L.

96-448, Sec. 409, 94 Stat.

1948; Dec. 21, 1982, Pub. L.

97-375, Sec. 210(a), 96

Stat. 1825.

308(e) 49 App.:1601c. Jan. 6, 1983, Pub. L.

97-424, Sec. 310, 96 Stat.

2151.

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

This [deletion of the last sentence of subsection (a)] is

necessary because section 111(b) of the Congressional Reports

Elimination Act of 1982 (Pub. L. 97-375, 96 Stat. 1821) repealed

section 602 of the Regional Rail Reorganization Act of 1973 (Pub.

L. 93-236, 87 Stat. 1022), which was restated as section 308(a)

(last sentence) of title 49 by section 1 of the Act of January 12,

1983 (Pub. L. 97-449, 96 Stat. 2413).

In subsection (e)(1), the words "January of each even-numbered

year" are substituted for "January of 1984 and in January of every

second year thereafter" to eliminate unnecessary words.

AMENDMENTS

1998 - Subsec. (e)(1). Pub. L. 105-362 substituted "submit to

Congress in March 1998, and in March of each even-numbered year

thereafter, a report" for "submit a report to Congress in January

of each even-numbered year".

1995 - Subsec. (d). Pub. L. 104-66 struck out subsec. (d) which

related to reports to Congress listing assistance provided by

Government to railroad industry.

1984 - Pub. L. 98-216, Sec. 2(1)(A)(i), substituted "Reports" for

"Annual reports" in section catchline.

Subsec. (a). Pub. L. 98-216, Sec. 2(1)(A)(ii), struck out

requirement that the report include a complete statement on the

effectiveness of the United States Railway Association and the

Consolidated Rail Corporation in carrying out the purposes of the

Regional Rail Reorganization Act of 1973.

Subsecs. (d), (e). Pub. L. 98-216, Sec. 2(1)(A)(iii), added

subsecs. (d) and (e).

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 reporting provisions contained in subsecs. (a) and (b) of

this section and, as subsequently amended, subsec. (e) of this

section, are listed, respectively, as the 11th item on page 133,

the last item on page 132, and the 5th item on page 138), see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance.

ANNUAL REPORT ON SAFETY ENFORCEMENT ACTIVITIES OF FEDERAL AVIATION

ADMINISTRATION

Pub. L. 100-202, Sec. 101(l) [title III, Sec. 317(a)], Dec. 22,

1987, 101 Stat. 1329-358, 1329-380, and Pub. L. 100-457, title III,

Sec. 317(a), Sept. 30, 1988, 102 Stat. 2148, which required

Secretary of Transportation to transmit to Congress an annual

report on Federal Aviation Administration's prior safety

enforcement activities including staffing level comparisons,

inspector experience and training schedules, criteria used to set

annual work programs, annual inspection comparisons, statement of

adequacy of internal management controls, status of regulatory

changes, list of specific operational measures of effectiveness,

schedule showing number of civil penalty cases closed, schedule

showing number of enforcement actions taken, and schedules showing

aviation industry's safety record, were repealed and reenacted as

section 44723 of this title by Pub. L. 103-272, Secs. 1(e), 7(b),

July 5, 1994, 108 Stat. 1202, 1379.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title; title

33 section 535h.

-End-

-CITE-

49 USC Sec. 309 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER I - DUTIES OF THE SECRETARY OF TRANSPORTATION

-HEAD-

Sec. 309. High-speed ground transportation

-STATUTE-

(a) The Secretary of Transportation, in consultation with the

Secretaries of Commerce, Energy, and Defense, the Administrator of

the Environmental Protection Agency, the Assistant Secretary of the

Army for Public Works, and the heads of other interested agencies,

shall lead and coordinate Federal efforts in the research and

development of high-speed ground transportation technologies in

order to foster the implementation of magnetic levitation and

high-speed steel wheel on rail transportation systems as

alternatives to existing transportation systems.

(b)(1) The Secretary may award contracts and grants for

demonstrations to determine the contributions that high-speed

ground transportation could make to more efficient, safe, and

economical intercity transportation systems. Such demonstrations

shall be designed to measure and evaluate such factors as the

public response to new equipment, higher speeds, variations in

fares, improved comfort and convenience, and more frequent service.

In connection with grants and contracts for demonstrations under

this section, the Secretary shall provide for financial

participation by private industry to the maximum extent

practicable.

(2)(A) In connection with the authority provided under paragraph

(1), there is established a national high-speed ground

transportation technology demonstration program, which shall be

separate from the national magnetic levitation prototype

development program established under section 1036(b) of the

Intermodal Surface Transportation Efficiency Act of 1991 and shall

be managed by the Secretary of Transportation.

(B)(i) Any eligible applicant may submit to the Secretary a

proposal for demonstration of any advancement in a high-speed

ground transportation technology or technologies to be incorporated

as a component, subsystem, or system in any revenue service

high-speed ground transportation project or system under

construction or in operation at the time the application is made.

(ii) Grants or contracts shall be awarded only to eligible

applicants showing demonstrable benefit to the research and

development, design, construction, or ultimate operation of any

maglev technology or high-speed steel wheel on rail technology.

Criteria to be considered in evaluating the suitability of a

proposal under this paragraph shall include -

(I) feasibility of guideway or track design and construction;

(II) safety and reliability;

(III) impact on the environment in comparison to other

high-speed ground transportation technologies;

(IV) minimization of land use;

(V) effect on human factors related to high-speed ground

transportation;

(VI) energy and power consumption and cost;

(VII) integration of high-speed ground transportation systems

with other modes of transportation;

(VIII) actual and projected ridership; and

(IX) design of signaling, communications, and control systems.

(C) For the purposes of this paragraph, the term "eligible

applicant" means any United States private business, State

government, local government, organization of State or local

government, or any combination thereof. The term does not include

any business owned in whole or in part by the Federal Government.

(D) The amount and distribution of grants or contracts made under

this paragraph shall be determined by the Secretary. No grant or

contract may be awarded under this paragraph to demonstrate a

technology to be incorporated into a project or system located in a

State that prohibits under State law the expenditure of non-Federal

public funds or revenues on the construction or operation of such

project or system.

(E) Recipients of grants or contracts made pursuant to this

paragraph shall agree to submit a report to the Secretary detailing

the results and benefits of the technology demonstration proposed,

as required by the Secretary.

(c)(1) In carrying out the responsibilities of the Secretary

under this section, the Secretary is authorized to enter into 1 or

more cooperative research and development agreements (as defined by

section 12 of the Stevenson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3710a)), and 1 or more funding agreements (as

defined by section 201(b) of title 35, United States Code), with

United States companies for the purpose of -

(A) conducting research to overcome technical and other

barriers to the development and construction of practicable

high-speed ground transportation systems and to help advance the

basic generic technologies needed for these systems; and

(B) transferring the research and basic generic technologies

described in subparagraph (A) to industry in order to help create

a viable commercial high-speed ground transportation industry

within the United States.

(2) In a cooperative agreement or funding agreement under

paragraph (1), the Secretary may agree to provide not more than 80

percent of the cost of any project under the agreement. Not less

than 5 percent of the non-Federal entity's share of the cost of any

such project shall be paid in cash.

(3) The research, development, or utilization of any technology

pursuant to a cooperative agreement under paragraph (1), including

the terms under which such technology may be licensed and the

resulting royalties may be distributed, shall be subject to the

provisions of the Stevenson-Wydler Technology Innovation Act of

1980 (15 U.S.C. 3701 et seq.).

(4) The research, development, or utilization of any technology

pursuant to a funding agreement under paragraph (1), including the

determination of all licensing and ownership rights, shall be

subject to the provisions of chapter 18 of title 35, United States

Code.

(5) At the conclusion of fiscal year 1993 and again at the

conclusion of fiscal year 1996, the Secretary shall submit reports

to Congress regarding research and technology transfer activities

conducted pursuant to the authorization contained in paragraph (1).

(d)(1) Not later than June 1, 1995, the Secretary shall complete

and submit to Congress a study of the commercial feasibility of

constructing 1 or more high-speed ground transportation systems in

the United States. Such study shall consist of -

(A) an economic and financial analysis;

(B) a technical assessment; and

(C) recommendations for model legislation for State and local

governments to facilitate construction of high-speed ground

transportation systems.

(2) The economic and financial analysis referred to in paragraph

(1)(A) shall include -

(A) an examination of the potential market for a nationwide

high-speed ground transportation network, including a national

magnetic levitation ground transportation system;

(B) an examination of the potential markets for short-haul

high-speed ground transportation systems and for intercity and

long-haul high-speed ground transportation systems, including an

assessment of -

(i) the current transportation practices and trends in each

market; and

(ii) the extent to which high-speed ground transportation

systems would relieve the current or anticipated congestion on

other modes of transportation;

(C) projections of the costs of designing, constructing, and

operating high-speed ground transportation systems, the extent to

which such systems can recover their costs (including capital

costs), and the alternative methods available for private and

public financing;

(D) the availability of rights-of-way to serve each market,

including the extent to which average and maximum speeds would be

limited by the curvature of existing rights-of-way and the

prospect of increasing speeds through the acquisition of

additional rights-of-way without significant relocation of

residential, commercial, or industrial facilities;

(E) a comparison of the projected costs of the various

competing high-speed ground transportation technologies;

(F) recommendations for funding mechanisms, tax incentives,

liability provisions, and changes in statutes and regulations

necessary to facilitate the development of individual high-speed

ground transportation systems and the completion of a nationwide

high-speed ground transportation network;

(G) an examination of the effect of the construction and

operation of high-speed ground transportation systems on regional

employment and economic growth;

(H) recommendations for the roles appropriate for local,

regional, and State governments to facilitate construction of

high-speed ground transportation systems, including the roles of

regional economic development authorities;

(I) an assessment of the potential for a high-speed ground

transportation technology export market;

(J) recommendations regarding the coordination and

centralization of Federal efforts relating to high-speed ground

transportation;

(K) an examination of the role of the National Railroad

Passenger Corporation in the development and operation of

high-speed ground transportation systems; and

(L) any other economic or financial analyses the Secretary

considers important for carrying out this section.

(3) The technical assessment referred to in paragraph (1)(B)

shall include -

(A) an examination of the various technologies developed for

use in the transportation of passengers by high-speed ground

transportation, including a comparison of the safety (including

dangers associated with grade crossings), energy efficiency,

operational efficiencies, and environmental impacts of each

system;

(B) an examination of the potential role of a United States

designed maglev system, developed as a prototype under section

1036(b) of the Intermodal Surface Transportation Efficiency Act

of 1991, in relation to the implementation of other high-speed

ground transportation technologies and the national

transportation system;

(C) an examination of the work being done to establish safety

standards for high-speed ground transportation as a result of the

enactment of section 7 of the Rail Safety Improvement Act of

1988;

(D) an examination of the need to establish appropriate

technological, quality, and environmental standards for

high-speed ground transportation systems;

(E) an examination of the significant unresolved technical

issues surrounding the design, engineering, construction, and

operation of high-speed ground transportation systems, including

the potential for the use of existing rights-of-way;

(F) an examination of the effects on air quality, energy

consumption, noise, land use, health, and safety as a result of

the decreases in traffic volume on other modes of transportation

that are expected to result from the full-scale development of

high-speed ground transportation systems; and

(G) any other technical assessments the Secretary considers

important for carrying out this section.

(e)(1) Within 12 months after the submission of the study

required by subsection (d), the Secretary shall establish the

national high-speed ground transportation policy (hereinafter in

this section referred to as the "Policy").

(2) The Policy shall include -

(A) provisions to promote the design, construction, and

operation of high-speed ground transportation systems in the

United States;

(B) a determination whether the various competing high-speed

ground transportation technologies can be effectively integrated

into a national network and, if not, whether 1 or more such

technologies should receive preferential encouragement from the

Federal Government to enable the development of such a national

network;

(C) a strategy for prioritizing the markets and corridors in

which the construction of high-speed ground transportation

systems should be encouraged; and

(D) provisions designed to promote American competitiveness in

the market for high-speed ground transportation technologies.

(3) The Secretary shall solicit comments from the public in the

development of the Policy and may consult with other Federal

agencies as appropriate in drafting the Policy.

-SOURCE-

(Added Pub. L. 102-240, title I, Sec. 1036(c)(1), Dec. 18, 1991,

105 Stat. 1982.)

-REFTEXT-

REFERENCES IN TEXT

Section 1036(b) of the Intermodal Surface Transportation

Efficiency Act of 1991, referred to in subsecs. (b)(2)(A) and

(d)(3)(B), is section 1036(b) of Pub. L. 102-240, which is set out

below.

The Stevenson-Wydler Technology Innovation Act of 1980, referred

to in subsec. (c)(3), is Pub. L. 96-480, Oct. 21, 1980, 94 Stat.

2311, as amended, which is classified generally to chapter 63 (Sec.

3701 et seq.) of Title 15, Commerce and Trade. For complete

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

out under section 3701 of Title 15 and Tables.

Section 7 of the Rail Safety Improvement Act of 1988, referred to

in subsec. (d)(3)(C), is section 7 of Pub. L. 100-342, which

amended section 431 of Title 45, Railroads.

-MISC1-

EFFECTIVE DATE

Section effective Dec. 18, 1991, and applicable to funds

authorized to be appropriated or made available after Sept. 30,

1991, and, with certain exceptions, not applicable to funds

appropriated or made available on or before Sept. 30, 1991, see

section 1100 of Pub. L. 102-240, set out as an Effective Date of

1991 Amendment note under section 104 of Title 23, Highways.

NATIONAL MAGNETIC LEVITATION PROTOTYPE DEVELOPMENT PROGRAM

Section 1036(b) of Pub. L. 102-240 provided that:

"(1) Management of program. - There is hereby established a

national magnetic levitation prototype development program to be

managed by a program director appointed jointly by the Secretary

and the Assistant Secretary of the Army for Civil Works

(hereinafter in this subsection referred to as the 'Assistant

Secretary'). To carry out such program, the Secretary and the

Assistant Secretary shall establish a national maglev joint project

office (hereinafter in this subsection referred to as the 'Maglev

Project Office'), which shall be headed by the program director,

and shall enter into such arrangements as may be necessary for

funding, staffing, office space, and other requirements that will

allow the Maglev Project Office to carry out its functions. In

carrying out such program, the program director shall consult with

appropriate Federal officials, including the Secretary of Energy

and the Administrator of the Environmental Protection Agency.

"(2) Phase one contracts. -

"(A) Request for proposals. - Not later than 12 months after

the date of the enactment of this Act [Dec. 18, 1991], the Maglev

Project Office shall release a request for proposals for

development of conceptual designs for a maglev system and for

research to facilitate the development of such conceptual

designs.

"(B) Award of contracts. - Not later than 15 months after the

date of the enactment of this Act, the Secretary and the

Assistant Secretary shall, based on the recommendations of the

program director, award 1-year contracts for research and

development to no fewer than 5 eligible applicants. If fewer than

5 complete applications have been received, contracts shall be

awarded to as many eligible applicants as is practical.

"(C) Factors and conditions to be considered. - The Secretary

and the Assistant Secretary may approve contracts under

subparagraph (B) only after consideration of factors relating to

the construction and operation of a magnetic levitation system,

including the cost-effectiveness, ease of maintenance, safety,

limited environmental impact, ability to achieve sustained high

speeds, ability to operate along the Interstate highway

rights-of-way, the potential for the guideway design to be a

national standard, the applicant's resources, capabilities, and

history of successfully designing and developing systems of

similar complexity, and the desirability of geographic diversity

among contractors and only if the applicant agrees to submit a

report to the Maglev Project Office detailing the results of the

research and development and agrees to provide for matching of

the phase one contract at a 90 percent Federal, 10 percent

non-Federal, cost share.

"(3) Phase two contracts. - Within 3 months of receiving the

final reports of contract activities under paragraph (2), and based

only on such reports and the recommendations of the program

director, the Secretary and the Assistant Secretary shall select

not more than 3 eligible applicants from among the contract

recipients submitting reports under paragraph (2) to receive

18-month contracts for research and development leading to a

detailed design for a prototype maglev system. The Secretary and

the Assistant Secretary may only award contracts under this

paragraph if -

"(A) they determine that the applicant has demonstrated

technical merit for the conceptual design and the potential for

further development of such design into an operational prototype

as described in paragraph (4),

"(B) the applicant agrees to submit the detailed design within

such 18-month period to the Maglev Project Office and the

selection committee described in paragraph (4), and

"(C) the applicant agrees to provide for matching of the phase

two contract at an 80 percent Federal, 20 percent non-Federal,

cost share.

"(4) Prototype. -

"(A) Selection of design. - Within 6 months of receiving the

detailed designs developed under paragraph (3), the Secretary and

the Assistant Secretary shall, based on the recommendations of

the selection committee described in this subparagraph, select 1

design for development into a full-scale prototype, unless the

Secretary and the Assistant Secretary determine jointly that no

design shall be selected, based on an assessment of technical

feasibility and projected cost of construction and operation of

the prototype. A selection committee of 8 members, consisting of

-

"(i) 1 member to be appointed by the Secretary,

"(ii) 1 member to be appointed by the Assistant Secretary,

"(iii) 3 members to be appointed by the Senate majority and

minority leaders, and

"(iv) 3 members to be appointed by the Speaker of the House

and the minority leader of the House,

shall be appointed not later than 1 year following the award of

contracts under paragraph (3). The selection committee, within 3

months of receiving the detailed designs developed under

paragraph (3), shall make a recommendation to the Secretary and

the Assistant Secretary as to the best prototype design or the

unsuitability of any design. The program director shall provide

technical reviews of the phase two contract reports to the

selection committee and otherwise provide any technical

assistance that the committee requires to assist it in making a

recommendation. In the event that the Secretary and the Assistant

Secretary determine jointly not to select a design for

development under this subsection, they shall report to Congress

on the basis for such determination, together with

recommendations for future action, including further research,

development, or design, termination of the program, or such other

action as may be appropriate.

"(B) Award of construction grant or contract. - Unless the

Secretary and the Assistant Secretary determine not to proceed

pursuant to subparagraph (A), they shall, not later than 3 months

after selection of a design for development into a full-scale

prototype, and based on the recommendations of the program

director, award 1 construction grant or contract to the applicant

whose detailed design was selected under subparagraph (A) for the

purpose of constructing a prototype maglev system in accordance

with the selected design. Not more than 75 percent of the cost of

the project shall be borne by the United States.

"(C) Factors to be considered in selection. - Selection of the

detailed design under this paragraph shall be based on

consideration of the following factors, among others:

"(i) The project shall be capable of utilizing Interstate

highway rights-of-way along or above a significant portion of

its route, and may also use railroad rights-of-way along or

above any portion of the railroad route.

"(ii) The total length of guideway shall be at least 19 miles

and allow significant full-speed operations between stops.

"(iii) The project shall be constructed and ready for

operational testing within 3 years after the award of the

contract or grant.

"(iv) The project shall provide for the conversion of the

prototype to commercial operation after testing and technical

evaluation is completed.

"(v) The project shall be located in an area that provides a

potential ridership base for future commercial operation.

"(vi) The project shall utilize a technology capable of being

applied in commercial service in most parts of the contiguous

United States.

"(vii) The project shall have at least 1 switch.

"(viii) The project shall be intermodal in nature connecting

a major metropolitan area with an airport, port, passenger rail

station, or other transportation mode.

"(D) Additional factors for consideration. - In awarding a

grant or contract under this paragraph, the Secretary shall

encourage the development of domestic manufacturing capabilities.

In selecting among eligible applicants, the Secretary shall

consider existing railroads and equipment manufacturers with

excess production capacity, including railroads that have

experience in advanced technologies (including self-propelled

cars).

"(5) Licensing. -

"(A) Proprietary rights. - No trade secrets or commercial or

financial information that is privileged or confidential, under

the meaning of section 552(b)(4) of title 5, United States Code,

which is obtained from a United States business, research, or

education entity as a result of activities under this subsection

shall be disclosed.

"(B) Commercial information. - The research, development, and

use of any technology developed pursuant to an agreement reached

pursuant to this subsection, including the terms under which any

technology may be licensed and the resulting royalties may be

distributed, shall be subject to the provisions of the

Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.

3701-3714). In addition, the Secretary and the Assistant

Secretary may require any grant or contract recipient to assure

that research and development be performed substantially in the

United States and that the products embodying the inventions made

under any agreement pursuant to this subsection or produced

through the use of such inventions be manufactured substantially

in the United States.

"(6) Reports. - The Secretary and the Assistant Secretary shall

provide periodic reports to Congress on progress made under this

subsection.

"(7) Eligible applicant defined. - For purposes of this

subsection, the term 'eligible applicant' means a United States

private business, United States public or private education and

research organization, Federal laboratory, or a consortium of such

businesses, organizations, and laboratories."

-End-

-CITE-

49 USC SUBCHAPTER II - ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

SUBCHAPTER II - ADMINISTRATIVE

-End-

-CITE-

49 USC Sec. 321 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 321. Definitions

-STATUTE-

In this subchapter, "aeronautics", "air commerce", and "air

navigation facility" have the same meanings given those terms in

section 40102(a) of this title.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(8),

July 5, 1994, 108 Stat. 1376; Pub. L. 103-429, Sec. 6(2), Oct. 31,

1994, 108 Stat. 4378.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

321 (no source).

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

A number of the source provisions of the subchapter are taken

from 49:ch. 20. The text of 49:ch. 20 contains general definitions,

some of which are used in those source provisions. The section

includes those definitions from 49:ch. 20 that are used in the

source provisions included in the subchapter.

PUB. L. 103-429

This makes a clarifying amendment to 49:321.

AMENDMENTS

1994 - Pub. L. 103-429 struck out ", respectively" after "of this

title".

Pub. L. 103-272 substituted "section 40102(a) of this title" for

"section 101(2), (4), and (8) of the Federal Aviation Act of 1958

(49 App. U.S.C. 1301(2), (4), (8))".

1984 - Pub. L. 98-216 substituted "49 App. U.S.C." for "49

U.S.C.".

EFFECTIVE DATE OF 1994 AMENDMENT

Section 9 of Pub. L. 103-429 provided that: "The amendments made

by sections 6(2)-(15), (19)-(35), (37)-(39), (41), (44)-(52),

(54)-(62), (65), (66)(B), (70), (73)-(76), and (78)-(81) of this

Act [enacting section 41312 of this title and amending this section

and sections 5103, 5104, 5115, 5125, 5307, 5318, 5320, 5323, 5326,

5327, 5331, 5337, 5565, 20136, 22108, 24501, 24904, 30141, 30165,

30166, 30308, 31501, 32101, 32304, 32309, 32505, 32703, 32705,

32706, 32908 to 32910, 32913, 33101, 33106, 40102, 40104, 40110,

41103, 41110, 41734, 44502, 44701, 44711, 44937, 45105, 45302,

46301, 46310, 46502, 47101, 47113, 47114, 47128, 47531, 47532,

60109, and 60112 of this title] shall take effect on July 5, 1994."

-End-

-CITE-

49 USC Sec. 322 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 322. General powers

-STATUTE-

(a) The Secretary of Transportation may prescribe regulations to

carry out the duties and powers of the Secretary. An officer of the

Department of Transportation may prescribe regulations to carry out

the duties and powers of the officer.

(b) The Secretary may delegate, and authorize successive

delegations of, duties and powers of the Secretary to an officer or

employee of the Department. An officer of the Department may

delegate, and authorize successive delegations of, duties and

powers of the officer to another officer or employee of the

Department. However, the duties and powers specified in sections

103(c)(1), 104(c)(1), and 106(g)(1) of this title may not be

delegated to an officer or employee outside the Administration

concerned.

(c) On a reimbursable basis when appropriate, the Secretary may,

in carrying out aviation duties and powers -

(1) use the available services, equipment, personnel, and

facilities of other civilian or military departments, agencies,

and instrumentalities of the United States Government, with their

consent;

(2) cooperate with those departments, agencies, and

instrumentalities in establishing and using aviation services,

equipment, and facilities of the Department; and

(3) confer and cooperate with, and use the services, records,

and facilities of, State, territorial, municipal, and other

agencies.

(d) The Secretary may make expenditures to carry out aviation

duties and powers, including expenditures for -

(1) rent and personal services;

(2) travel expenses;

(3) office furniture, equipment, supplies, lawbooks,

newspapers, periodicals, and reference books, including

exchanges;

(4) printing and binding;

(5) membership in and cooperation with domestic or foreign

organizations related to, or a part of, the civil aeronautics

industry or the art of aeronautics;

(6) payment of allowances and other benefits to employees

stationed in foreign countries to the same extent authorized for

members of the Foreign Service of comparable grade;

(7) investigations and studies about aeronautics; and

(8) acquiring, exchanging, operating, and maintaining

passenger-carrying aircraft and automobiles and other property.

(e) The Secretary may negotiate, without advertising, the

purchase of technical or special property related to air navigation

when the Secretary decides that -

(1) making the property would require a substantial initial

investment or an extended period of preparation; and

(2) procurement by advertising would likely result in

additional cost to the Government by duplication of investment or

would result in duplication of necessary preparation that would

unreasonably delay procuring the property.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2422.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

Section

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

322(a) 49:1657(e)(1) (last Oct. 15, 1966, Pub. L.

19 words), (2) 89-670, Sec. 9(e)-(g), 80

(last 19 words), Stat. 944.

(f), (g).

322(b) 49:1344(d) (less Aug. 23, 1958, Pub. L.

words after 85-726, Secs. 302(k),

semicolon). 303(a), (d) (less words

after semicolon), 80 Stat.

747, 749.

49:1657(e)(1) (less

last 19 words), (2)

(less last 19

words), (3).

5 App. U.S.C. Reorg. Plan No. 2 of 1968,

eff. July 1, 1968, Sec. 2,

82 Stat. 1369.

322(c) 49:1343(i).

322(d) 49:1344(a).

322(e) 49:1344(e). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

303(e); added May 21, 1970,

Pub. L. 91-258, Sec.

51(a)(1), 84 Stat. 234; July

12, 1976, Pub. L. 94-353,

Sec. 16, 90 Stat. 882; Oct.

19, 1980, Pub. L. 96-470,

Sec. 112(e), 94 Stat. 2240.

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In the chapter, the words "Secretary of Transportation" and

"Secretary" are substituted for "Administrator" in the provisions

of the Federal Aviation Act of 1958 (Pub. L. 85-726, 72 Stat. 731)

restated in the revised chapter because of the transfer of aviation

functions to the Secretary under 49:1655(c)(1).

In subsection (a), the words "may prescribe regulations to carry

out the duties and powers" are substituted for "may make such rules

and regulations as may be necessary to carry out . . . functions,

powers, and duties" for consistency and to eliminate unnecessary

words. The text of 49:1657(f) and (g) is omitted as executed

because the transfer of personnel, assets, and liabilities, etc.,

has been accomplished.

In subsection (b), the words "Except where this chapter vests in

any administration, agency or board, specific functions, powers,

and duties" before "the Secretary may" in 49:1657(e)(1) are omitted

because of the specific wording of sections 103, 104, and 106 of

the revised title. The words "in addition to the authority to

delegate and redelegate contained in any other Act in the exercise

of the functions transferred to or vested in the Secretary in this

chapter" before "delegate" in 49:1657(e)(1) are omitted because the

authority of the Secretary to delegate is consolidated in the

subsection. The words "the duties and powers of the Secretary" are

substituted for "any of his residual functions, powers, and duties"

in 49:1657(e)(1) and "any of the functions transferred to him by

this reorganization plan" in section 2 of Reorganization Plan No. 2

of 1968 (eff. July 1, 1968, 82 Stat. 1369), for clarity and

consistency. The words "as he may designate" and "of such

functions, powers, and duties as he may deem desirable" are omitted

as surplus each place they appear in 49:1657(e)(1) and (2). The

text of section 322(b) (1st sentence) of the revised title is

substituted for 49:1344(d) (less words after semicolon) for clarity

and because of the transfer of aviation functions to the Secretary

of Transportation under 49:1655(c)(1). The text of 49:1657(e)(2)

(words before 2d comma) is omitted as unnecessary because the

authority of an officer to delegate is consolidated in the

subsection. The words "the duties and powers of the officer" are

substituted for "such functions, powers, and duties" in

49:1657(e)(2) for clarity and consistency. The words "the duties

and powers specified in sections 103(c)(1), 104(c)(1), and

106(g)(1) of this title" are substituted for "any of the statutory

duties and responsibilities specifically assigned to them by this

chapter" in 49:1657(e)(3) for clarity. The words "may not be

delegated to an officer or employee outside the Administration

concerned" are substituted for "The Administrators established by

section 1652(e) of this title . . . may not delegate . . . outside

of their respective administrations" in 49:1657(e)(3) for clarity

and because of the restatement of the section.

In subsection (c), before clause (1), the words "aviation duties

and powers" are added because the source provisions being restated

only applies to carrying out duties and powers related to the

Federal Aviation Administration. In clause (2), the words "those

departments, agencies, and instrumentalities" are substituted for

"such other agencies and instrumentalities" in 49:1343(i) for

clarity and consistency. The words "aviation . . . Department" are

substituted for "Administration" in 49:1343(i) because of the

transfer of aviation functions to the Secretary under

49:1655(c)(1).

In subsection (d), before clause (1), the words "aviation duties

and powers" are substituted for "for the exercise and performance

of the powers and duties vested in and imposed upon him by law" in

49:1344(a) because the source provisions being restated only

applies to carrying out duties and powers related to the Federal

Aviation Administration. The words "at the seat of government and

elsewhere as may be necessary" after "expenditures" and "and as

from time to time may be appropriated for by Congress" are omitted

as surplus. In clause (8), the words "passenger-carrying aircraft

and automobiles" are substituted for "passenger-carrying

automobiles and aircraft" in 49:1344(a) for clarity. The words

"such . . . as is necessary in the exercise and performance of the

powers and duties of the Secretary" after "aircraft" in 49:1344(a)

are omitted as unnecessary because of the restatement of the

section. The text of 49:1344(a) (proviso) is omitted as

unnecessary.

In subsection (e), before clause (1), the words "or in support

of" are omitted as surplus. In clause (1), the words "making the

property" are substituted for "for manufacture" for clarity. In

clause (2), the word "formal" is omitted as unnecessary. The word

"unreasonably" is substituted for "unduly" for consistency.

AVAILABILITY OF RECEIPTS FROM FITNESS CENTERS FOR OPERATION AND

MAINTENANCE OF FACILITIES

Pub. L. 106-69, title III, Sec. 329, Oct. 9, 1999, 113 Stat.

1021, provided that: "Hereafter, notwithstanding any other

provision of law, receipts, in amounts determined by the Secretary,

collected from users of fitness centers operated by or for the

Department of Transportation shall be available to support the

operation and maintenance of those facilities."

Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 332], Oct.

21, 1998, 112 Stat. 2681-439, 2681-471.

Pub. L. 105-66, title III, Sec. 332, Oct. 27, 1997, 111 Stat.

1447.

Pub. L. 104-205, title III, Sec. 344, Sept. 30, 1996, 110 Stat.

2976.

-EXEC-

EXECUTIVE ORDER NO. 11382

Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by

Ex. Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon

establishment of Department of Transportation amended and revoked

certain executive orders relating to transportation, and, in

addition to any other authority, authorized Secretary of

Transportation and Federal Aviation Administrator to redelegate and

authorize successive redelegations of any authority conferred in

the order or the orders amended by it.

-End-

-CITE-

49 USC Sec. 323 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 323. Personnel

-STATUTE-

(a) The Secretary of Transportation may appoint and fix the pay

of officers and employees of the Department of Transportation and

may prescribe their duties and powers.

(b) The Secretary may procure services under section 3109 of

title 5. However, an individual may be paid not more than $100 a

day for services.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2423.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

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

85-726, Sec. 302(f), 72

Stat. 746; Oct. 4, 1961,

Pub. L. 87-367, Sec. 205(b),

75 Stat. 791; Oct. 11, 1962,

Pub. L. 87-793, Sec.

1001(h), 76 Stat. 864.

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

85-726, Sec. 302(h), 72

Stat. 746; Oct. 4, 1961,

Pub. L. 87-367, Sec. 205(a),

75 Stat. 791.

49:1657(a). Oct. 15, 1966, Pub. L.

89-670, Sec. 9(a), (b), 80

Stat. 944; Mar. 27, 1978,

Pub. L. 95-251, Sec.

2(a)(12), 92 Stat. 183.

323(b) 49:1343(g) (1st Aug. 23, 1958, Pub. L.

sentence 33d-43d 85-726, Sec. 302(i) (1st

words). sentence 31st-41st words),

72 Stat. 747.

49:1657(b).

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

In the section, the word "pay" is substituted for "compensation"

for consistency with title 5.

In subsection (a), the words "In addition to the authority

contained in any other Act which is transferred to and vested in

the Secretary, the National Transportation Safety Board, or any

other officer in the Department" before "the Secretary" and

"subject to the civil service and classification laws" before "to

select" in 49:1657(a) are omitted as unnecessary because of title

5, especially sections 3301, 5101, and 5331. The word "appoint" is

substituted for "select, employ, appoint" because it is inclusive.

The words "attorneys, and agents" after "employees" in 49:1343(d)

and "including investigators, attorneys, and administrative law

judges" after "employees" in 49:1657(a) are omitted as included in

"officers and employees". The words "of the Department of

Transportation" are substituted for "as are necessary to carry out

the provisions of this chapter" for consistency.

The text of 49:1343(d) (words after 1st comma) is omitted because

of section 414(a)(1)(B) of the Civil Service Reform Act of 1978

(Pub. L. 95-454, 92 Stat. 1177). The text of 49:1343(f) is omitted

because of section 414(a)(2)(A) of that Act.

In subsection (b), the word "procure" is substituted for "obtain"

to conform to 5:3109. The words "unless otherwise specified in an

appropriation Act" after "individuals" in 49:1657(b) are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 324 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 324. Members of the armed forces

-STATUTE-

(a) The Secretary of Transportation -

(1) to ensure that national defense interests are safeguarded

properly and that the Secretary is advised properly about the

needs and special problems of the armed forces, shall provide for

participation of members of the armed forces in carrying out the

duties and powers of the Secretary related to the regulation and

protection of air traffic, including providing for, and research

and development of, air navigation facilities, and the allocation

of airspace; and

(2) may provide for participation of members of the armed

forces in carrying out other duties and powers of the Secretary.

(b) A member of the Coast Guard on active duty may be appointed,

detailed, or assigned to a position in the Department of

Transportation, except the position of Secretary, Deputy Secretary,

or Assistant Secretary for Administration. A retired member of the

Coast Guard may be appointed, detailed, or assigned to a position

in the Department.

(c) The Secretary of Transportation and the Secretary of a

military department may make cooperative agreements, including

agreements on reimbursement as may be considered appropriate by the

Secretaries, under which a member of the armed forces may be

appointed, detailed, or assigned to the Department of

Transportation under this section. The Secretary of Transportation

shall send a report each year to the appropriate committees of

Congress on agreements made to carry out subsection (a)(2) of this

section, including the number, rank, and position of each member

appointed, detailed, or assigned under those agreements.

(d) The Secretary of a military department does not control the

duties and powers of a member of the armed forces appointed,

detailed, or assigned under this section when those duties and

powers pertain to the Department of Transportation. A member of the

armed forces appointed, detailed, or assigned under subsection

(a)(2) of this section may not be charged against a statutory

limitation on grades or strengths of the armed forces. The

appointment, detail, or assignment and service of a member under

this section to a position in the Department of Transportation does

not affect the status, office, rank, or grade held by that member,

or a right or benefit arising from that status, office, rank, or

grade.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2423.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

324(a)(1) 49:1343(a)(1) (1st Aug. 23, 1958, Pub. L.

sentence). 85-726, Sec. 302(c)(1), (2)

(related to cooperative

agreements), 72 Stat. 745.

324(a)(2) 49:1657(c) (1st Oct. 15, 1966, Pub. L.

sentence). 89-670, Sec. 9(c), (d), 80

Stat. 944.

324(b) 49:1657(p). Oct. 15, 1966, Pub. L.

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

947; Oct. 28, 1974, Pub. L.

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

1533.

324(c) 49:1343(a)(1) (less

1st sentence).

49:1657(c) (less

1st sentence),

(d)(2).

324(d) 49:1343(a)(2)

(related to

cooperative

agreements).

49:1657(d)(1).

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

In the section, the words "members of the armed forces" are

substituted for "military personnel", "Members of the Army, the

Navy, the Air Force, or the Marine Corps", and "members of the

armed services" for clarity and to conform to title 10.

In subsection (a)(2), the words "other duties and powers of the

Secretary" are substituted for "the functions of the Department"

for clarity and consistency.

In subsection (b), the words "Notwithstanding any provision of

this chapter or other law" before "a member" and "Subject to the

provisions of title 5" before "a retired" are omitted as

unnecessary.

In subsection (c), the words "The Secretary of Transportation and

the Secretary of a military department may make cooperative

agreements under which" are substituted for "by the appropriate

Secretary, pursuant to cooperative agreements with the Secretary of

Transportation" in 49:1343(a)(1) and 49:1657(c) for clarity. The

words "or the Coast Guard" before "may be detailed" in

49:1343(a)(1) (2d sentence) are omitted because of the transfer of

the Coast Guard to the Secretary under 49:1655(b) and the transfer

of aviation functions to the Secretary under 49:1655(c)(1). The

words "may be appointed, detailed, or assigned" are substituted for

"may be detailed" for clarity and consistency in 49:1343(a)(1) and

49:1657(c). The words "to the Department of Transportation" are

substituted for "for service in the Administration to effect such

participation" in 49:1343(a)(1) because of the transfer of aviation

functions to the Secretary under 49:1655(c)(1) and to eliminate

unnecessary words. The words "in writing" after "annually" in

49:1657(d)(2) are omitted as unnecessary. The words "each member

appointed, detailed, or assigned" are substituted for "personnel

appointed" and "members of the armed services detailed" in

49:1657(d)(2) for clarity and consistency.

In subsection (d), the words "The Secretary of a military

department" are substituted for "his armed force or any officer

thereof" in 49:1657(d)(1) and "the department from which detailed

or appointed or by any agency or officer thereof" in 49:1343(a)(2)

for clarity and consistency. The words "directly or indirectly"

before "with respect to" are omitted as surplus. The words "the

duties and powers of . . . when those duties and powers pertain to

the Department of Transportation" are substituted for "with respect

to his responsibilities under this chapter or within the

Administration" in 49:1343(a)(2) and "with respect to the

responsibilities exercised in the position to which appointed,

detailed, or assigned" in 49:1657(d)(1) for consistency and because

of the transfer of aviation functions to the Secretary under

49:1655(c)(1). The words "does not control" are substituted for "No

. . . shall be subject to direction or control by" in 49:1343(a)(2)

and "shall not be subject to direction by or control by"

49:1657(d)(1) for clarity. The words "the acceptance of" before

"and service" and "any appointive or other" before "position" in

49:1657(d)(1) are omitted as unnecessary. The words "a member" are

added because of the restatement of the section. The words "that

member" are substituted for "commissioned officers or enlisted men"

in 49:1343(a)(2) and "officers and enlisted men" in 49:1657(d)(1)

because of the restatement of the section and to eliminate

unnecessary words. 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.

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 a report required under subsec. (c) of this section is listed

as the 5th item on page 132), see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance.

-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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 6 section 455; title 14

section 42.

-End-

-CITE-

49 USC Sec. 325 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 325. Advisory committees

-STATUTE-

(a) Without regard to the provisions of title 5 governing

appointment in the competitive service, the Secretary of

Transportation may appoint advisory committees to consult with and

advise the Secretary in carrying out the duties and powers of the

Secretary.

(b) While attending a committee meeting or otherwise serving at

the request of the Secretary, a member of an advisory committee may

be paid not more than $100 a day. A member is entitled to

reimbursement for expenses under section 5703 of title 5. This

subsection does not apply to individuals regularly employed by the

United States Government.

(c) A member of an advisory committee advising the Secretary in

carrying out aviation duties and powers may serve for not more than

100 days in a calendar year.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2424.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

325(a) 49:1343(g) (1st Aug. 23, 1958, Pub. L.

sentence 1st-32d 85-726, Sec. 302(i) (less

words). 1st sentence 31st-41st

words), 72 Stat. 747.

49:1657(o) (1st Oct. 15, 1966, Pub. L.

sentence). 89-670, Sec. 9(o), 80 Stat.

947.

325(b) 49:1343(g) (1st

sentence 44th-53d

words, last

sentence).

49:1657(o) (last

sentence).

325(c) 49:1343(g) (1st

sentence 54th-last

words).

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

In subsection (a), the words "provisions of title 5 governing

appointment in the competitive service" are substituted for "civil

service laws" in 49:1657(o) for clarity and consistency. The words

"as shall be appropriate for the purpose of" before "consultation"

in 49:1657(o) are omitted as surplus. The words "the Secretary in

carrying out the duties and powers of the Secretary" are

substituted for "the Department in performance of its functions" in

49:1657(o) and "the Administration in performance of its functions

hereunder" in 49:1343(g) for clarity and consistency because the

duties and powers are vested in the Secretary of Transportation.

In subsection (b), the word "compensation" after "may be paid" in

49:1657(o) is omitted as surplus. The words "not more than $100 a

day" are substituted for "at rates not exceeding those authorized

for individuals under subsection (b) of this section" in 49:1657(o)

for clarity because that is the rate under 49:1657(b). The words "A

member is entitled to reimbursement for expenses under section 5703

of title 5" are substituted for 49:1343(g) (last sentence) and

49:1657(o) (last sentence words after 4th comma) for clarity.

In subsection (c), the words "A member of an advisory committee

advising the Secretary" are substituted for "in the case of any

individual" in 49:1343(g) for clarity. The words "may serve" are

added for clarity and because of the restatement of the section.

The words "in carrying out aviation duties and powers" are added

because the source provisions being restated only applies to

carrying out duties and powers related to the Federal Aviation

Administration.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees in existence on Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period following Jan.

5, 1973, unless, in the case of a committee established by the

President or an officer of the Federal Government, such committee

is renewed by appropriate action prior to the expiration of such

2-year period, or in the case of a committee established by the

Congress, its duration is otherwise provided by law. See section 14

of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the

Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

49 USC Sec. 326 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 326. Gifts

-STATUTE-

(a) The Secretary of Transportation may accept and use

conditional or unconditional gifts of property for the Department

of Transportation. The Secretary may accept a gift of services in

carrying out aviation duties and powers. Property accepted under

this section and proceeds from that property must be used, as

nearly as possible, under the terms of the gift.

(b) The Department has a fund in the Treasury. Disbursements from

the fund are made on order of the Secretary. The fund consists of -

(1) gifts of money;

(2) income from property accepted under this section and

proceeds from the sale of that property; and

(3) income from securities under subsection (c) of this

section.

(c) On request of the Secretary of Transportation, the Secretary

of the Treasury may invest and reinvest amounts in the fund in

securities of, or in securities whose principal and interest is

guaranteed by, the United States Government.

(d) Property accepted under this section is a gift to or for the

use of the Government under the Internal Revenue Code of 1986 (26

U.S.C. 1 et seq.).

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99-514, Sec.

2, Oct. 22, 1986, 100 Stat. 2095.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

326(a) 49:1344(c)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 303(c)(1), 72

Stat. 748.

49:1657(m)(1) (1st, Oct. 15, 1966, Pub. L.

3d sentences). 89-670, Sec. 9(m), 80 Stat.

946.

326(b) 49:1657(m)(1) (2d

sentence), (3)

(less 1st sentence).

326(c) 49:1657(m)(3) (1st

sentence).

326(d) 49:1657(m)(2).

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

In the section, the word "gifts" is substituted for "gifts and

bequests" in 49:1657(m)(1) because it is inclusive.

In subsection (a), the words "accept and use" are substituted for

"accept, hold, administer, and utilize", and the words "for the

Department" are substituted for "for the purpose of aiding or

facilitating the work of the Department" in 49:1657(m)(1), to

eliminate unnecessary words. The word "property" is substituted for

"property, both real and personal" in 49:1657(m)(1), and "gift or

donation of money or other property, real and personal" in

49:1344(c)(1) to eliminate unnecessary words. The words "aviation

duties and powers" are added because the source provisions being

restated only applies to carrying out duties and powers related to

the Federal Aviation Administration. The words "under this section

and proceeds from that property" are substituted for "pursuant to

this paragraph, and the proceeds thereof" in 49:1657(m)(1) for

clarity.

In subsection (b), the words "The Department has a" and "The fund

consists of" are added for clarity and because of the restatement

of the section. The word "separate" before "fund" is omitted as

unnecessary and for consistency. The words "from the fund" are

added for clarity. The words "accepted under this section" are

substituted for "held by the Secretary pursuant to paragraph (1)"

for clarity. The words "that property" are substituted for "other

property received as gifts or bequests" to eliminate unnecessary

words. The words "from securities under subsection (c) of this

section" are substituted for "accruing from such securities" for

clarity.

In subsection (c), the words "amounts in the fund" are

substituted for "any moneys contained in the fund provided for in

paragraph (1)" for clarity and consistency.

In subsection (d), the words "under this section" are substituted

for "under paragraph (1)" because of the restatement of the

section. The words "the Internal Revenue Code of 1954 (26 U.S.C. 1

et seq.)" are substituted for "For the purpose of Federal income,

estate, and gift taxes" for consistency.

AMENDMENTS

1986 - Subsec. (d). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 106 of this title.

-End-

-CITE-

49 USC Sec. 327 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 327. Administrative working capital fund

-STATUTE-

(a) The Department of Transportation has an administrative

working capital fund. Amounts in the fund are available for

expenses of operating and maintaining common administrative

services the Secretary of Transportation decides are desirable for

the efficiency and economy of the Department. The services may

include -

(1) a central supply service for stationery and other supplies

and equipment through which adequate stocks may be maintained to

meet the requirements of the Department;

(2) central messenger, mail, telephone, and other

communications services;

(3) office space;

(4) central services for document reproduction, and for

graphics and visual aids; and

(5) a central library service.

(b) Amounts in the fund are available without regard to fiscal

year limitation. Amounts may be appropriated to the fund.

(c) The fund consists of -

(1) amounts appropriated to the fund;

(2) the reasonable value of stocks of supplies, equipment, and

other assets and inventories on order that the Secretary

transfers to the fund, less the related liabilities and unpaid

obligations;

(3) amounts received from the sale or exchange of property; and

(4) payments received for loss or damage to property of the

fund.

(d) The fund shall be reimbursed, in advance, from amounts

available to the Department or from other sources, for supplies and

services at rates that will approximate the expenses of operation,

including the accrual of annual leave and the depreciation of

equipment. Amounts in the fund, in excess of amounts transferred or

appropriated to maintain the fund, shall be deposited in the

Treasury as miscellaneous receipts. All assets, liabilities, and

prior losses are considered in determining the amount of the

excess.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2425.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

327(a) 49:1657(j) (1st Oct. 15, 1966, Pub. L.

sentence less 89-670, Sec. 9(j), 80 Stat.

11th-17th words). 945.

327(b) 49:1657(j) (1st

sentence 11th-17th

words, 2d sentence,

18th-22d words).

327(c) 49:1657(j) (2d

sentence less

18th-22d words, 4th

sentence).

327(d) 49:1657(j) (less

1st, 2d, 4th

sentences).

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

In subsection (a), the words "Department of Transportation has"

are substituted for "Secretary is authorized to establish" because

the working capital fund has been established. The words

"administrative" before "working" and "Amounts in the fund are

available" are added for clarity. The words "the Secretary of

Transportation decides are" are substituted for "as he shall find

to be" for clarity. The words "desirable for the economy" are

substituted for "desirable in the interest of economy" to eliminate

unnecessary words. The words "such services as" before "a central

supply service" and "in whole or in part" before "the requirements

of the Department" are omitted as surplus. The words "the

requirements of the Department" are substituted for "the

requirements of the Department and its agencies" because they are

inclusive.

In subsection (b), the words "Amounts in the fund" are added for

clarity. The words "Amounts may be appropriated to the fund" are

substituted for "(which appropriations are hereby authorized)" for

clarity.

In subsection (c), the words "The fund consists of" are

substituted for "The capital of the fund shall consist of" and "The

fund shall also be credited with" for clarity. The word

"reasonable" is substituted for "fair and reasonable" because it is

inclusive. The words "amounts appropriated to the fund" are

substituted for "of any appropriations made for the purpose of

providing capital" for clarity. The words "amounts received from

the sale" are substituted for "receipts from the sale", and the

words "payments received for loss" are substituted for "receipts in

payment for", as being more precise.

In subsection (d), the words "agencies and offices in" after

"available funds of" are omitted because they are included in

"Department". The words "Amounts in the fund, in excess of amounts"

are added for clarity. The words "any surplus found in the fund . .

. above the" after "miscellaneous receipts" are omitted because of

the restatement of this section. The words "to establish and"

before "maintain" are omitted because the working capital fund has

been established. The words "deposited in the Treasury" are

substituted for "covered into the United States Treasury" for

consistency. The words "are . . . in determining the amount of the

excess" are added for clarity.

-End-

-CITE-

49 USC Sec. 328 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 328. Transportation Systems Center working capital fund

-STATUTE-

(a) The Department of Transportation has a Transportation Systems

Center working capital fund. Amounts in the fund are available for

financing the activities of the Center, including research,

development, testing, evaluation, analysis, and related activities

the Secretary of Transportation approves, for the Department, other

agencies, State and local governments, other public authorities,

private organizations, and foreign countries.

(b) Amounts in the fund are available without regard to fiscal

year limitation. Amounts may be appropriated to the fund.

(c) The capital of the fund consists of -

(1) amounts appropriated to the fund;

(2) net assets of the Center as of October 1, 1980, including

unexpended advances made to the Center for which valid

obligations were incurred before October 1, 1980;

(3) the reasonable value of property and other assets

transferred to the fund after September 30, 1980, less the

related liabilities and unpaid obligations; and

(4) the reasonable value of property and other assets donated

to the fund.

(d) The fund shall be reimbursed or credited with -

(1) advance payments from applicable funds or appropriations of

the Department and other agencies, and with advance payments from

other sources, the Secretary authorizes, for -

(A) services at rates that will recover the expenses of

operation, including the accrual of annual leave and overhead;

and

(B) acquiring property and equipment under regulations the

Secretary prescribes; and

(2) receipts from the sale or exchange of property or in

payment for loss or damage of property held by the fund.

(e) The Secretary shall deposit at the end of each fiscal year,

in the Treasury as miscellaneous receipts, amounts accruing in the

fund that the Secretary decides are in excess of the needs of the

fund.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2425.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

328(a) 49:1657(r)(1) (1st Oct. 15, 1966, Pub. L.

sentence, 2d 89-670, 80 Stat. 931, Sec.

sentence words 9(r); added May 30, 1980,

before last comma, Pub. L. 96-254, Sec. 207, 94

last sentence). Stat. 413.

328(b) 49:1657(r)(1) (2d

sentence words

after last comma),

(2)(B) (words after

last comma).

328(c) 49:1657(r)(2)(A),

(B) (words before

last comma), (C).

328(d) 49:1657(r)(3).

328(e) 49:1657(r)(4).

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

In subsection (a), the words "Department of Transportation has"

are substituted for "Secretary is authorized to establish" because

the working capital fund has been established. The text of

49:1657(r)(1) (2d sentence words before last comma) are omitted as

executed. The words "The Transportation Systems Center is

authorized to perform" are omitted as unnecessary because of the

restatement. The word "approves" is substituted for "direct . . .

and, when approved by the Secretary" to eliminate unnecessary

words. The words "or his designee" are omitted because of section

322(b) of the revised title.

In subsection (c)(3) and (4), the words "fair and" are omitted as

surplus.

In subsection (c)(3), the words "by the Department and other

agencies of the Government" are omitted as surplus.

In subsection (c)(4), the words "from other sources" are omitted

as surplus.

In subsection (d)(1), before clause (A), the words "or his

designee" are omitted because of section 322(b) of the revised

title.

In subsection (e), the words "The Secretary shall deposit" are

substituted for "there shall be transferred" for clarity and

consistency. The words "in the fund" are added for clarity.

-End-

-CITE-

49 USC Sec. 329 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 329. Transportation information

-STATUTE-

(a) The Secretary of Transportation may collect and collate

transportation information the Secretary decides will contribute to

the improvement of the transportation system of the United States.

To the greatest practical extent, the Secretary shall use

information available from departments, agencies, and

instrumentalities of the United States Government and other

sources. To the extent practical, the Secretary shall make

available to other Government departments, agencies, and

instrumentalities and to the public the information collected under

this subsection.

(b) The Secretary shall -

(1) collect and disseminate information on civil aeronautics

(other than that collected and disseminated by the National

Transportation Safety Board under chapter 11 of this title)

including, at a minimum, information on (A) the origin and

destination of passengers in interstate air transportation (as

that term is used in part A of subtitle VII of this title), and

(B) the number of passengers traveling by air between any two

points in interstate air transportation; except that in no case

shall the Secretary require an air carrier to provide information

on the number of passengers or the amount of cargo on a specific

flight if the flight and the flight number under which such

flight operates are used solely for interstate air transportation

and are not used for providing essential air transportation under

subchapter II of chapter 417 of this title;

(2) study the possibilities of developing air commerce and the

aeronautical industry; and

(3) exchange information on civil aeronautics with governments

of foreign countries through appropriate departments, agencies,

and instrumentalities of the Government.

(c)(1) On the written request of a person, a State, territory, or

possession of the United States, or a political subdivision of a

State, territory, or possession, the Secretary may -

(A) make special statistical studies on foreign and domestic

transportation;

(B) make special studies on other matters related to duties and

powers of the Secretary;

(C) prepare, from records of the Department of Transportation,

special statistical compilations; and

(D) provide transcripts of studies, tables, and other records

of the Department.

(2) The person or governmental authority requesting information

under paragraph (1) of this subsection must pay the actual cost of

preparing the information. Payments shall be deposited in the

Treasury in an account that the Secretary shall administer. The

Secretary may use amounts in the account for the ordinary expenses

incidental to getting and providing the information.

(d) To assist in carrying out duties and powers under part A of

subtitle VII of this title, the Secretary of Transportation shall

maintain separate cooperative agreements with the Secretary of

Defense and the Administrator of the National Aeronautics and Space

Administration for the timely exchange of information on their

programs, policies, and requirements directly related to carrying

out that part.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2426; Pub. L. 98-216, Sec.

2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 98-443, Sec. 5(a), Oct. 4,

1984, 98 Stat. 1705; Pub. L. 103-272, Sec. 4(j)(7), July 5, 1994,

108 Stat. 1366; Pub. L. 104-287, Sec. 5(3), Oct. 11, 1996, 110

Stat. 3389.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

329(a) 49:1634. Sept. 30, 1965, Pub. L.

89-220, Sec. 4, 79 Stat. 893.

49:1655(a)(2)(A) Oct. 15, 1966, Pub. L.

(related to 89-670, Secs. 6(a)(2)(A)

49:1634). (related to Sec. 4 of the

Act of Sept. 30, 1965),

9(n), 80 Stat. 937, 946.

329(b) 49:1352. Aug. 23, 1958, Pub. L.

85-726, Sec. 311, 72 Stat.

751.

329(c)(1) 49:1657(n)(1) (less

last 17 words).

329(c)(2) 49:1657(n)(1) (last

17 words), (2).

329(d) 49:1343(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 302(d), 72

Stat. 746.

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

In subsection (a), the word "information" is substituted for

"data, statistics, and other information" in 49:1634 to eliminate

unnecessary words. The words "transportation system of the United

States" are substituted for "national transportation system" in

49:1634 for clarity and consistency. The words "in carrying out

this activity" before "the Secretary shall" in 49:1634 are omitted

as surplus. The words "departments, agencies, and instrumentalities

of the United States Government" are substituted for "Federal

agencies" in 49:1634 for clarity and consistency. The words "To the

greatest extent practical" are substituted for "insofar as

practicable" in 49:1634 for consistency. The words "The Secretary

shall" are added for clarity.

In subsection (b), the words "by the National Transportation

Safety Board under title VII of the Federal Aviation Act of 1958

(49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title

IV of that Act (49 U.S.C. 1371 et seq.)" are substituted for "the

Board under subchapter IV and VII of this chapter)" in 49:1352

because 49:1655(d) (1st sentence) transferred duties of the Civil

Aeronautics Board under 49:ch. 20, subch. VII to the Secretary of

Transportation to be carried out through the National

Transportation Safety Board. The reference to the National

Transportation Safety Board is to the independent Board established

by section 303(a) of the Independent Safety Board Act of 1974 (Pub.

L. 93-633, 88 Stat. 2167) outside the Department of Transportation

and not to the prior Board that was a part of the Department. The

words "departments, agencies, and instrumentalities of the

Government" are substituted for "government channels" in 49:1352

for clarity and consistency.

In subsection (c)(1), the words "of the United States" are added

for clarity and consistency. The words "of a State, territory, or

possession" are substituted for "thereof" after "subdivision" for

clarity. The words "related to the duties and powers of the

Secretary" are substituted for "falling within the province of the

Department" for clarity and consistency.

In subsection (c)(2), the words "governmental authority

requesting information under paragraph (1) of this subsection" are

substituted for "body requesting it" for clarity and consistency.

The word "separate" before "account" is omitted as unnecessary and

for consistency. The words "must pay" are substituted for "upon the

payment" after "other records" for clarity. The words "preparing

the information" are substituted for "such work" after "actual cost

of" for clarity. The word "payments" is substituted for "All moneys

received by the Department in payment of the cost of work under

paragraph (1)" to eliminate unnecessary words. The words "in the

Treasury" are added for clarity and consistency. The words "The

Secretary may use amounts in the account" are substituted for

"These moneys may be used, in the discretion of the Secretary" for

clarity and to eliminate unnecessary words. The words "to getting

and providing the information" are substituted for "to the work

and/or to secure in connection therewith the special services of

persons who are neither officers nor employees of the United

States" for clarity and to eliminate unnecessary words.

In subsection (d), the words "in carrying out duties and powers

under the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.)"

are substituted for "in discharge of responsibilities under this

chapter" in 49:1343(b) because of the transfer of aviation

functions to the Secretary under 49:1655(c)(1) and for consistency.

The words "directly related to carrying out that part" are

substituted for "directly relating to such responsibilities" in

49:1343(b) because of the restatement of the source provisions.

PUB. L. 103-272

Section 4(j)(7) amends 49:329 to omit references to overseas air

transportation because there no longer is a distinction between

interstate air transportation and overseas air transportation.

PUB. L. 104-287

This amends 49:329 to make conforming amendments necessary

because of the codification enacted by section 1 of the Act of July

5, 1994 (Public Law 103-272, 108 Stat. 745).

AMENDMENTS

1996 - Subsec. (b)(1). Pub. L. 104-287, Sec. 5(3)(A), substituted

"(as that term is used in part A of subtitle VII of this title)"

for "(as those terms are used in such Act)".

Subsec. (d). Pub. L. 104-287, Sec. 5(3)(B), substituted "that

part" for "that Act".

1994 - Subsec. (b)(1). Pub. L. 103-272, Sec. 4(j)(7)(A),

substituted "chapter 11 of this title" for "title VII of the

Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.)", "in

interstate air transportation" for "in interstate and overseas air

transportation" in two places, "for interstate air transportation"

for "for interstate or overseas air transportation", and

"subchapter II of chapter 417 of this title" for "section 419 of

the Federal Aviation Act of 1958".

Subsec. (d). Pub. L. 103-272, Sec. 4(j)(7)(B), substituted "part

A of subtitle VII of this title" for "the Federal Aviation Act of

1958 (49 App. U.S.C. 1301 et seq.)".

1984 - Subsec. (b)(1). Pub. L. 98-443 struck out reference to

information collected and disseminated by the Civil Aeronautics

Board under section 1371 et seq. of this title, and added cls. (A)

and (B).

Pub. L. 98-216 substituted "49 App. U.S.C." for "49 U.S.C.".

Subsec. (d). Pub. L. 98-216 substituted "49 App. U.S.C." for "49

U.S.C.".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 5(b) of Pub. L. 98-443 provided that: "The amendment made

by this section [amending this section] shall take effect on

January 1, 1985."

-End-

-CITE-

49 USC Sec. 330 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 330. Research contracts

-STATUTE-

(a) The Secretary of Transportation may make contracts with

educational institutions, public and private agencies and

organizations, and persons for scientific or technological research

into a problem related to programs carried out by the Secretary.

Before making a contract, the Secretary must require the

institution, agency, organization, or person to show that it is

able to carry out the contract.

(b) In carrying out this section, the Secretary shall -

(1) give advice and assistance the Secretary believes will best

carry out the duties and powers of the Secretary;

(2) participate in coordinating all research started under this

section;

(3) indicate the lines of inquiry most important to the

Secretary; and

(4) encourage and assist in establishing and maintaining

cooperation by and between contractors and between them and other

research organizations, the Department of Transportation, and

other departments, agencies, and instrumentalities of the United

States Government.

(c) The Secretary may distribute publications containing

information the Secretary considers relevant to research carried

out under this section.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2427.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

330(a) 49:1657(q)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 9(q)(1)-(3), 80

Stat. 947.

49:1657(q)(2) (1st

sentence).

330(b) 49:1657(q)(2) (less

1st sentence).

330(c) 49:1657(q)(3).

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

In subsection (a), the words "may make contracts" are substituted

for "is authorized to enter into contracts" to eliminate

unnecessary words. The words "the conduct of" before "scientific"

are omitted as surplus. The words "a problem" are substituted for

"any aspect of the problems" because of the style of the revised

title. The words "carried out by the Secretary" are substituted for

"of the Department which are authorized by statute" because the

Secretary of Transportation is vested with all duties and powers.

The words "Before making a contract" are substituted for "with

which he expects to enter into contracts pursuant to this

subsection" for clarity and to eliminate unnecessary words. The

words "is able to carry out the contract" are substituted for "have

the capability of doing effective work" for clarity.

In subsection (b), before clause (1), the words "In carrying out

this section" are added for clarity. In clause (1), the word "give"

is substituted for "furnish" before "such advice" for consistency.

The words "duties and powers of the Secretary" are substituted for

"mission of the Department" for clarity and consistency. In clause

(4), the word "contractors" is substituted for "the institutions,

agencies, organizations, or persons" to eliminate unnecessary

words. The words "departments, agencies, and instrumentalities of

the United States Government" are substituted for "Federal

agencies" for clarity and consistency.

In subsection (c), the words "considers relevant" are substituted

for "as he deems pertinent" as more precise. The words "from time

to time" before "disseminate" and "in the form of reports or . . .

to public or private agencies or organizations, or individuals"

before "such information" are omitted as unnecessary.

CONFLICTS OF INTEREST

Pub. L. 106-159, title I, Sec. 101(g), Dec. 9, 1999, 113 Stat.

1752, provided that:

"(1) Compliance with regulation. - In awarding any contract for

research, the Secretary shall comply with section 1252.209-70 of

title 48, Code of Federal Regulations, as in effect on the date of

the enactment of this section [Dec. 9, 1999]. The Secretary shall

require that the text of such section be included in any request

for proposal and contract for research made by the Secretary.

"(2) Study. -

"(A) In general. - The Secretary shall conduct a study to

determine whether or not compliance with the section referred to

in paragraph (1) is sufficient to avoid conflicts of interest in

contracts for research awarded by the Secretary and to evaluate

whether or not compliance with such section unreasonably delays

or burdens the awarding of such contracts.

"(B) Consultation. - In conducting the study under this

paragraph, the Secretary shall consult, as appropriate, with the

Inspector General of the Department of Transportation, the

Comptroller General, the heads of other Federal agencies,

research organizations, industry representatives, employee

organizations, safety organizations, and other entities.

"(C) Report. - Not later than 18 months after the date of the

enactment of this Act [Dec. 9, 1999], the Secretary shall

transmit to the Committee on Commerce, Science, and

Transportation of the Senate and the Committee on Transportation

and Infrastructure of the House of Representatives a report on

the results of the study conducted under this paragraph."

-End-

-CITE-

49 USC Sec. 331 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 331. Service, supplies, and facilities at remote places

-STATUTE-

(a) When necessary and not otherwise available, the Secretary of

Transportation may provide for, construct, or maintain the

following for officers and employees of the Department of

Transportation and their dependents stationed in remote places:

(1) emergency medical services and supplies.

(2) food and other subsistence supplies.

(3) messing facilities.

(4) motion picture equipment and film for recreation and

training.

(5) living and working quarters and facilities.

(6) reimbursement for food, clothing, medicine, and other

supplies provided by an officer or employee in an emergency for

the temporary relief of individuals in distress.

(b) The Secretary shall prescribe reasonable charges for medical

treatment provided under subsection (a)(1) of this section and for

supplies and services provided under subsection (a)(2) and (3) of

this section. Amounts received under this subsection shall be

credited to the appropriation from which the expenditure was made.

(c) When appropriations for a fiscal year for aviation duties and

powers have not been made before June 1 immediately before the

beginning of the fiscal year, the Secretary may designate an

officer, and authorize that officer, to incur obligations to buy

and transport supplies to carry out those duties and powers at

installations outside the 48 contiguous States and the District of

Columbia. The amount obligated under this subsection in a fiscal

year may be not more than 75 percent of the amount available for

buying and transporting supplies to those installations for the

then current fiscal year. Payment of obligations under this

subsection shall be made from appropriations for the next fiscal

year when available.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2427; Pub. L. 103-272,

Sec. 4(j)(8), July 5, 1994, 108 Stat. 1367.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 97-449

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

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

Section

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

331(a) 49:1657(l) (less Oct. 15, 1966, Pub. L.

last sentence). 89-670, Sec. 9(l), 80 Stat.

946.

331(b) 49:1657(l) (last

sentence).

331(c) 49:1344(b). Aug. 23, 1958, Pub. L.

85-726, Sec. 303(b), 72

Stat. 748.

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

In subsection (a), the text of 49:1657(l) (words before 3d comma)

is omitted as unnecessary. The words "of the Department of

Transportation" are added for clarity. In clause (6), the words

"individuals in distress" are substituted for "distressed persons"

as being more precise.

In subsection (b), the words "The Secretary shall prescribe

reasonable charges" are substituted for "shall be at prices

reflecting reasonable value as determined by the Secretary" for

clarity and to eliminate surplus words. The words "services,

supplies, and facilities provided under subsection (a)(1), (2), and

(3) of this section" are substituted for "The furnishing of medical

treatment under paragraph (1) and the furnishing of services and

supplies under paragraphs (2) and (3) of this subsection" to

eliminate surplus words. The words "Amounts received under this

subsection" are substituted for "and the proceeds therefrom" for

clarity.

In subsection (c), the words "aviation duties and powers" are

substituted for "the Administration" in 49:1344(b) because of the

transfer of aviation functions to the Secretary of Transportation

under 49:1655(c)(1). The words "before June 1" are substituted for

"prior to the first day of March" in 49:1344(b) to conform to the

change in the start of the fiscal year from July 1 to October 1

under 31:1020(a)(2). The words "and materials necessary" after

"supplies" in 49:1344(b) are omitted as surplus. The words "to

carry out those duties and powers" are substituted for "necessary

to the proper execution of the Secretary of Transportation's

functions" in 49:1344(b) for clarity and consistency. The words

"the 48 contiguous States and the District of Columbia" are

substituted for "the continental United States" in 49:1344(b) for

clarity. The words "including those in Alaska" before "in amounts"

in 49:1344(b) are omitted as unnecessary because of the restatement

of the section. The words "The amount obligated under this

subsection in a fiscal year" in 49:1344(b) are added for clarity.

The words "available for buying and transporting supplies to those

installations" are substituted for "made available for such

purposes" in 49:1344(b) for clarity. The word "succeeding" after

"next" in 49:1344(b) is omitted as surplus.

PUB. L. 103-272

Section 4(j)(8) amends 49:331(b) to follow more closely the

language in former 49:1657(l) on which it was based.

AMENDMENTS

1994 - Subsec. (b). Pub. L. 103-272 substituted "medical

treatment provided under subsection (a)(1) of this section and for

supplies and services provided under subsection (a)(2) and (3) of

this section" for "services, supplies, and facilities provided

under subsection (a)(1), (2), and (3) of this section".

-End-

-CITE-

49 USC Sec. 332 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 332. Minority Resource Center

-STATUTE-

(a) In this section, "minority" includes women.

(b) The Department of Transportation has a Minority Resource

Center. The Center may -

(1) include a national information clearinghouse for minority

entrepreneurs and businesses to disseminate information to them

on business opportunities related to the maintenance,

rehabilitation, restructuring, improvement, and revitalization of

the railroads of the United States;

(2) carry out market research, planning, economic and business

analyses, and feasibility studies to identify those business

opportunities;

(3) assist minority entrepreneurs and businesses in obtaining

investment capital and debt financing;

(4) design and carry out programs to encourage, promote, and

assist minority entrepreneurs and businesses in getting

contracts, subcontracts, and projects related to those business

opportunities;

(5) develop support mechanisms (including venture capital,

surety and bonding organizations, and management and technical

services) that will enable minority entrepreneurs and businesses

to take advantage of those business opportunities;

(6) participate in, and cooperate with, United States

Government programs and other programs designed to provide

financial, management, and other forms of support and assistance

to minority entrepreneurs and businesses; and

(7) make arrangements to carry out this section.

(c) The Center has an advisory committee of 5 individuals

appointed by the Secretary of Transportation. The Secretary shall

make the appointments from lists of qualified individuals

recommended by minority-dominated trade associations in the

minority business community. Each of those trade associations may

submit a list of not more than 3 qualified individuals.

(d) The United States Railway Association, the Consolidated Rail

Corporation, and the Secretary shall provide the Center with

relevant information (including procurement schedules, bids, and

specifications on particular maintenance, rehabilitation,

restructuring, improvement, and revitalization projects) the Center

requests in carrying out this section.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2428.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

332(a) 49:1657a(e). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

11; added Feb. 5, 1976, Pub.

L. 94-210, Sec. 906(2), 90

Stat. 149.

332(b) 49:1657a(a), (c).

332(c) 49:1657a(b).

332(d) 49:1657a(d).

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

In subsection (b), before clause (1), the word "has" is

substituted for "The Secretary shall, within 180 days after

February 5, 1976, establish" because the time for establishing the

Center has expired and the Center has been established. The words

"The Department of Transportation" are added because of the

restatement of the section. The words "(hereafter in this section

referred to as the 'Center')" after "Minority Resource Center" are

omitted because of the style of the revised title.

In subsection (b)(1), the word "include" is substituted for

"establish and maintain", and the words "to disseminate

information" are substituted for "and disseminate information

from", for clarity. The words "to them . . . related to" are

substituted for "to such entrepreneurs and businesses . . . with

respect to" to omit unnecessary words. The words "for purposes of

furnishing . . . information" before "with respect to" are omitted

as surplus.

In subsection (b)(2), the words "those business opportunities"

are substituted for "such opportunities" after "identify" for

clarity.

In subsection (b)(4), the words "those business opportunities"

are substituted for "the maintenance, rehabilitation,

restructuring, improvement, and revitalization of the Nation's

railroads" to eliminate surplus words.

In subsection (b)(5), the words "related to the maintenance,

rehabilitation, restructuring, improvement, and revitalization of

the nation's railroads" are omitted as unnecessary because of the

restatement.

In subsection (b)(7), the words "make arrangements" are

substituted for "enter into such contracts, cooperative agreements,

or other transactions" to eliminate unnecessary words. The words

"as may be necessary" after "transactions" are omitted as surplus.

The words "to carry out this section" are substituted for "in the

conduct of its functions and duties" for clarity and consistency.

In subsection (c), the words "The Secretary shall make the

appointments" and the words "Each of those trade associations may

submit a list of not more than" are added for clarity and because

of the restatement of the section.

In subsection (d), the words "in carrying out this section" are

substituted for "in connection with the performance of its

functions" for clarity and consistency.

-TRANS-

ABOLITION OF UNITED STATES RAILWAY ASSOCIATION AND TRANSFER OF

FUNCTIONS AND SECURITIES

The United States Railway Association abolished effective Apr. 1,

1987, all powers, duties, rights, and obligations of Association

relating to Consolidated Rail Corporation under the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 701 et seq.) transferred to

Secretary of Transportation on Jan. 1, 1987, and any securities of

Corporation held by Association transferred to Secretary of

Transportation on Oct. 21, 1986, see section 1341 of Title 45,

Railroads.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 306 of this title.

-End-

-CITE-

49 USC Sec. 333 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 333. Responsibility for rail transportation unification and

coordination projects

-STATUTE-

(a) The Secretary of Transportation may develop and make

available to interested persons any plans, proposals, and

recommendations for mergers, consolidations, reorganizations, and

other unification or coordination projects for rail transportation

(including arrangements for joint use of tracks and other

facilities and acquisition or sale of assets) that the Secretary

believes will result in a rail system that is more efficient and

consistent with the public interest.

(b) To achieve a more efficient, economical, and viable rail

system in the private sector, the Secretary, when requested by a

rail carrier and under this section, may assist in planning,

negotiating, and carrying out a unification or coordination of

operations and facilities of at least 2 rail carriers.

(c)(1) The Secretary may conduct studies to determine the

potential cost savings and possible improvements in the quality of

rail transportation that are likely to result from unification or

coordination of at least 2 rail carriers, through -

(A) elimination of duplicating or overlapping operations and

facilities;

(B) reducing switching operations;

(C) using the shortest or more efficient and economical routes;

(D) exchanging trackage rights;

(E) combining trackage and terminal or other facilities;

(F) upgrading tracks and other facilities used by at least 2

rail carriers;

(G) reducing administrative and other expenses; and

(H) other measures likely to reduce costs and improve rail

transportation.

(2) When the Secretary requests information for a study under

this section, a rail carrier shall provide the information

requested. In carrying out this section, the Secretary may

designate an officer or employee to get from a rail carrier

information on the kind, quality, origin, destination, consignor,

consignee, and routing of property. This information may be

obtained without the consent of the consignor or consignee

notwithstanding section 11904 of this title. When appropriate, the

designated officer or employee has the powers described in section

203(c) of the Regional Rail Reorganization Act of 1973 to carry out

this section, but a subpena must be issued under the signature of

the Secretary.

(d)(1) When requested by a rail carrier, the Secretary may hold

conferences on and mediate disputes resulting from a proposed

unification or coordination project. The Secretary may invite to a

conference -

(A) officers and directors of an affected rail carrier;

(B) representatives of rail carrier employees who may be

affected;

(C) representatives of the Interstate Commerce Commission;

(D) State and local government officials, shippers, and

consumer representatives; and

(E) representatives of the Federal Trade Commission and the

Attorney General.

(2) A person attending or represented at a conference on a

proposed unification or coordination project is not liable under

the antitrust laws of the United States for any discussion at the

conference and for any agreements reached at the conference, that

are entered into with the approval of the Secretary to achieve or

determine a plan of action to carry out the unification or

coordination project.

(e) When the approval of a proposal submitted by a rail carrier

for a merger or other action is subject to the jurisdiction of the

Interstate Commerce Commission under section 11323(a) of this

title, the Secretary may study the proposal to decide whether it

satisfies section 11324(b) of this title. When the proposal is the

subject of an application and proceeding before the Commission, the

Secretary may appear in any proceeding related to the application.

-SOURCE-

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2429; Pub. L. 104-88,

title III, Sec. 308(b), Dec. 29, 1995, 109 Stat. 946.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

333(a) 49:1654(a). Oct. 15, 1966, Pub. L.

89-670, 80 Stat. 931, Sec.

5(a)-(e); added Feb. 5,

1976, Pub. L. 94-210, Sec.

401, 90 Stat. 61.

333(b) 49:1654(b).

333(c) 49:1654(c).

333(d) 49:1654(d).

333(e) 49:1654(e).

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

In the section, the word "transportation" is substituted for

"services" for consistency.

In subsection (a), the words "feasible" and "but not limited to"

are omitted as surplus.

In subsection (b), the words "In order" are omitted as surplus.

The words "at least 2" are substituted for "two or more" for

consistency.

In subsection (c)(1), the words "as are deemed" are omitted as

unnecessary.

In subsection (c)(2), the words "and the study described in

section 901 of the Railroad Revitalization and Regulatory Reform

Act of 1976" and "or such section 901" are omitted as executed. The

word "nature" is omitted as covered by "kind". The word "When" is

substituted for "to the extent" for consistency. The word

"necessary" is omitted as being included in "appropriate". A

cross-reference to section 203(c) of the Regional Rail

Reorganization Act of 1973 is included even though the law is

unclear because section 1149 of the Omnibus Reconciliation Act of

1981 (Pub. L. 97-35, 95 Stat. 675) amended section 203 to repeal

the powers referred to in the source provisions. No position is

taken as to whether the powers described in section 203(c) are

still in existence.

In subsection (d)(1)(A), the word "appropriate" is omitted as

surplus.

In subsection (d)(1)(C), the words "representatives of" are added

for consistency in the section.

In subsection (e), the words "in his judgment" are omitted as

unnecessary and covered by "decide". The word "satisfies" is

substituted for "is in accordance with the standards set forth in"

to eliminate unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

Section 203 of the Regional Rail Reorganization Act of 1973,

referred to in subsec. (c)(2), which is classified to section 713

of Title 45, Railroads, was amended generally by Pub. L. 97-35,

title XI, Sec. 1149, Aug. 13, 1981, 95 Stat. 675, and as so amended

does not contain a subsec. (c). For further details, see the fifth

par. of Historical and Revision Notes above.

-MISC2-

AMENDMENTS

1995 - Subsec. (c)(2). Pub. L. 104-88, Sec. 308(b)(1),

substituted "11904" for "11910(a)(1)".

Subsec. (e). Pub. L. 104-88, Sec. 308(b)(2), substituted

"11323(a)" for "11343(a)" and "11324(b)" for "11344(b)".

EFFECTIVE DATE OF 1995 AMENDMENT

Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2

of Pub. L. 104-88, set out as an Effective Date note under section

701 of this title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 306, 11324 of this title;

title 45 section 903.

-End-

-CITE-

49 USC Secs. 334, 335 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

[Secs. 334, 335. Repealed. Pub. L. 103-272, Sec. 4(j)(9)(A), July

5, 1994, 108 Stat. 1367]

-MISC1-

Section 334, Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2430; Pub.

L. 98-216, Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 100-223,

title III, Sec. 304, Dec. 30, 1987, 101 Stat. 1525; Pub. L.

100-690, title VII, Sec. 7207(c)(3), Nov. 18, 1988, 102 Stat. 4428,

related to a limit on aviation charges. See section 45301 of this

title.

Section 335, Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2430,

authorized appropriations to the Secretary of Transportation for

fiscal years ending Sept. 30, 1983, and Sept. 30, 1984.

-End-

-CITE-

49 USC Sec. 336 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 336. Civil penalty procedures

-STATUTE-

(a) After notice and an opportunity for a hearing, a person found

by the Secretary of Transportation to have violated a provision of

law that the Secretary carries out through the Maritime

Administrator or the Commandant of the Coast Guard or a regulation

prescribed under that law by the Secretary for which a civil

penalty is provided, is liable to the United States Government for

the civil penalty provided. The amount of the civil penalty shall

be assessed by the Secretary by written notice. In determining the

amount of the penalty, the Secretary shall consider the nature,

circumstances, extent, and gravity of the prohibited acts committed

and, with respect to the violator, the degree of culpability, any

history of prior offenses, ability to pay, and other matters that

justice requires.

(b) The Secretary may compromise, modify, or remit, with or

without consideration, a civil penalty until the assessment is

referred to the Attorney General.

(c) If a person fails to pay an assessment of a civil penalty

after it has become final, the Secretary may refer the matter to

the Attorney General for collection in an appropriate district

court of the United States.

(d) The Secretary may refund or remit a civil penalty collected

under this section if -

(1) application has been made for refund or remission of the

penalty within one year from the date of payment; and

(2) the Secretary finds that the penalty was unlawfully,

improperly, or excessively imposed.

-SOURCE-

(Added Pub. L. 101-225, title III, Sec. 305(1), Dec. 12, 1989, 103

Stat. 1924.)

-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. 337 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER II - ADMINISTRATIVE

-HEAD-

Sec. 337. Budget request for the Director of Intelligence and

Security

-STATUTE-

The annual budget the Secretary of Transportation submits shall

include a specific request for the Office of the Director of

Intelligence and Security. In deciding on the budget request for

the Office, the Secretary shall consider recommendations in the

annual report submitted under section 44938(a) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

337 49 App.:1652b Nov. 16, 1990, Pub. L.

(note). 101-604, Sec. 102(d), 104

Stat. 3069.

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

The words "the Secretary of Transportation submits" are

substituted for "submission for the Department of Transportation",

and the words "budget request for the Office" are substituted for

"budget request for the Director", for clarity and consistency in

the revised title and with other titles of the United States Code.

-End-

-CITE-

49 USC SUBCHAPTER III - MISCELLANEOUS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

SUBCHAPTER III - MISCELLANEOUS

-End-

-CITE-

49 USC Sec. 351 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 351. Judicial review of actions in carrying out certain

transferred duties and powers

-STATUTE-

(a) Judicial Review. - An action of the Secretary of

Transportation in carrying out a duty or power transferred under

the Department of Transportation Act (Public Law 89-670, 80 Stat.

931), or an action of the Administrator of the Federal Railroad

Administration, the Federal Highway Administration, or the Federal

Aviation Administration in carrying out a duty or power

specifically assigned to the Administrator by that Act, may be

reviewed judicially to the same extent and in the same way as if

the action had been an action by the department, agency, or

instrumentality of the United States Government carrying out the

duty or power immediately before the transfer or assignment.

(b) Application of Procedural Requirements. - A statutory

requirement related to notice, an opportunity for a hearing, action

on the record, or administrative review that applied to a duty or

power transferred by the Act applies to the Secretary or

Administrator when carrying out the duty or power.

(c) Nonapplication. - This section does not apply to a duty or

power transferred from the Interstate Commerce Commission to the

Secretary under section 6(e)(1)-(4) and (6)(A) of the Act.

-SOURCE-

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1367.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

351 49 App.:1653(c). Oct. 15, 1966, Pub. L.

89-670, Sec. 4(c), 80 Stat.

933.

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

In this subchapter, the words "duty or power" are substituted for

"functions, powers, and duties" for clarity and consistency. The

words "department, agency, or instrumentality of the United States

Government" are substituted for "department or agency" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (a), the word "orders" is omitted as being included

in "action".

-REFTEXT-

REFERENCES IN TEXT

The Department of Transportation Act, referred to in subsecs. (a)

and (b), is Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as

amended, which was classified principally to sections 1651 to 1660

of former Title 49, Transportation. The Act was repealed and the

provisions thereof reenacted in Title 49, Transportation, by Pub.

L. 97-449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103-272, July

5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L.

104-287, Sec. 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition

of sections of former Title 49, see Table at the beginning of Title

49.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-End-

-CITE-

49 USC Sec. 352 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 352. Authority to carry out certain transferred duties and

powers

-STATUTE-

In carrying out a duty or power transferred under the Department

of Transportation Act (Public Law 89-670, 80 Stat. 931), the

Secretary of Transportation and the Administrators of the Federal

Railroad Administration, the Federal Highway Administration, and

the Federal Aviation Administration have the same authority that

was vested in the department, agency, or instrumentality of the

United States Government carrying out the duty or power immediately

before the transfer. An action of the Secretary or Administrator in

carrying out the duty or power has the same effect as when carried

out by the department, agency, or instrumentality.

-SOURCE-

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

352 49 App.:1653(d). Oct. 15, 1966, Pub. L.

89-670, Sec. 4(d), 80 Stat.

934.

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

The words "force and" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Department of Transportation Act, referred to in text, is

Pub. L. 89-670, Oct. 15, 1966, 80 Stat. 931, as amended, which was

classified principally to sections 1651 to 1660 of former Title 49,

Transportation. The Act was repealed and the provisions thereof

reenacted in Title 49, Transportation, by Pub. L. 97-449, Jan. 12,

1983, 96 Stat. 2413, and Pub. L. 103-272, July 5, 1994, 108 Stat.

745. The Act was also repealed by Pub. L. 104-287, Sec. 7(5), Oct.

11, 1996, 110 Stat. 3400. For disposition of sections of former

Title 49, see Table at the beginning of Title 49.

-End-

-CITE-

49 USC Sec. 353 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE I - DEPARTMENT OF TRANSPORTATION

CHAPTER 3 - GENERAL DUTIES AND POWERS

SUBCHAPTER III - MISCELLANEOUS

-HEAD-

Sec. 353. Toxicological testing of officers and employees

-STATUTE-

(a) Collecting Specimens. - When the Secretary of Transportation

or the head of a component of the Department of Transportation

conducts post-accident or post-incident toxicological testing of an

officer or employee of the Department, the Secretary or head shall

collect the specimen from the officer or employee as soon as

practicable after the accident or incident. The Secretary or head

shall try to collect the specimen not later than 4 hours after the

accident or incident.

(b) Reports. - The head of each component shall submit a report

to the Secretary on the circumstances about the amount of time

required to collect the specimen for a toxicological test conducted

on an officer or employee who is reasonably associated with the

circumstances of an accident or incident under the investigative

jurisdiction of the National Transportation Safety Board.

(c) Noncompliance Not a Defense. - An officer or employee

required to submit to toxicological testing may not assert failure

to comply with this section as a claim, cause of action, or defense

in an administrative or judicial proceeding.

-SOURCE-

(Pub. L. 103-272, Sec. 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)

-MISC1-

HISTORICAL AND REVISION NOTES

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

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

Section

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

353 49 App.:1657-1. Nov. 28, 1990, Pub. L.

101-641, Sec. 5, 104 Stat.

4656.

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

In this section, the words "officer or employee" are substituted

for "employee" for clarity and consistency in the revised title and

with other titles of the United States Code.

In subsection (a), the words "Secretary of Transportation or the

head of a component of the Department of Transportation" are

substituted for "Department of Transportation, including any of its

agencies" for consistency in the revised title and with other

titles of the Code.

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

"Office of the Secretary of Transportation" for consistency in the

revised title and with other titles of the Code. The words "within

that agency" are omitted as unnecessary.

In subsection (c), the words "An officer or employee required to

submit to toxicological testing may not assert" are substituted for

"may not be asserted" for clarity.

-End-