Legislación
US (United States) Code. Title 49. Subtitle I. Chapter 3: General duties and power
-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 Repealed.]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
--------------------------------------------------------------------
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.
--------------------------------------------------------------------
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-
Descargar
| Enviado por: | El remitente no desea revelar su nombre |
| Idioma: | inglés |
| País: | Estados Unidos |
Todos los derechos reservados.