SUBTITLE I—DEPARTMENT OF TRANSPORTATION
Amendments
1995—
CHAPTER 1 —ORGANIZATION
Amendments
1999—
1994—
1992—
1991—
§101. Purpose
(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
(b) A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
101(a) | 49:1651(a). | Oct. 15, 1966, |
101(b) | 49:1651(b)(1). |
In subsections (a) and (b), the introductory declaratory words are omitted as surplus.
In subsection (a), the words "national objectives of" are inserted for clarity. The words "United States" are substituted for "Nation" and "Nation's", respectively, for consistency. The word "contribute" is substituted for "conducive" because the substituted word is more commonly used. The word "those" is substituted for "utilization".
In subsection (b)(2), the word "greatest" is substituted for "maximum" for consistency.
In subsection (b)(3) and (6), the word "national" is omitted before "transportation" as unnecessary and for consistency.
In subsection (b)(3), the word "persons" is substituted for "parties" as being more precise.
In subsection (b)(6), the words "transportation objectives" are substituted for "these objectives" for clarity and consistency. The words "full and appropriate" and "for approval" are omitted as surplus.
Amendments
1991—Subsec. (b)(4).
Short Title of 1999 Amendment
Short Title of 1995 Amendment
Short Title of 1994 Amendment
Short Title of 1991 Amendment
Section 1 of
Congressional Declaration of Policy Regarding National Intermodal Transportation System
Section 2 of
"Secretary" Defined
Section 3 of
§102. Department of Transportation
(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.
(b) The head of the Department is the Secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.
(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary—
(1) shall carry out duties and powers prescribed by the Secretary; and
(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.
(d) The Department has an Associate Deputy Secretary appointed by the President, by and with the advice and consent of the Senate. The Associate Deputy Secretary shall carry out powers and duties prescribed by the Secretary.
(e) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of the Secretary and Deputy Secretary are vacant.
(f) The Department shall have a seal that shall be judicially recognized.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
102(a) | 49:1652(a) (1st sentence). | Oct. 15, 1966, |
102(b) | 49:1652(a) (less 1st sentence). | |
102(c) | 49:1652(b) (less words between parentheses). | Oct 15, 1966, |
102(d) | 49:1652(b) (words between parentheses), (c), (d). | |
102(e) | 49:1657(k). | Oct. 15, 1966, |
In subsection (a), the words "There is hereby established" and "to be known as" are omitted as executed. The words "(hereafter referred to in this chapter as the 'Department')" are omitted as unnecessary because of the style used in codifying the revised title. The words "of the United States Government" are added for clarity.
In subsection (b), the words "(hereafter referred to in this chapter as the 'Secretary')" are omitted as unnecessary because of the style used in codifying the revised title.
In subsection (c), the words "carry out duties and powers" and "acts for" are substituted for "act for and exercise the powers of" and "perform such functions, powers, and duties", respectively, for consistency and to eliminate surplus words. The words "unable to serve" are substituted for "disability" for consistency and clarity.
In subsection (d), the words "in the competitive service" are substituted for "under the classified civil service" to conform to 5:2102. The words "from time to time" are omitted as surplus. The words "acts for" are substituted for "act for, and exercise the powers of" for consistency and to eliminate surplus words. The words "when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of Secretary and Deputy Secretary are vacant" are substituted for "during the absence or disability of the Deputy Secretary, or in the event of a vacancy in the office of a Deputy Secretary" as being more precise and for consistency.
In subsection (e), the words "The Secretary shall cause a . . . of office" and "of such device" are omitted as unnecessary because of the restatement. The words "as he shall approve" are omitted as unnecessary because subsection (b) of the section establishes the Secretary of Transportation as the head of the Department of Transportation.
Amendments
1994—Subsecs. (e), (f).
1984—Subsecs. (d), (e).
Notice
"(a)
"(b)
Surface Transportation Administration
"(a)
"(b)
Person Holding Position of Associate Deputy Secretary Until April 15, 1985
Section 26(c) of
Ex. Ord. No. 11340. Effective Date
Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided:
By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (
Lyndon B. Johnson.
§103. Federal Railroad Administration
(a) The Federal Railroad Administration is an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out—
(1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203–211 of this title, and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under
(e) Subject to the provisions of the Federal Property and Administrative Services Act of 1949 (
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
103(a) | 49:1652(e)(1) (1st sentence related to FRA). | Oct. 15, 1966, |
49:1652a. | July 8, 1976, |
|
103(b) | 49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence). | |
103(c) | 49:1655(f)(3)(A). | Oct. 15, 1966, |
49:1652(e)(3) (related to FRA) (less last sentence). | ||
103(d) | 49:1652(e)(4) (related to FRA). | |
49:1655(f)(3)(C) (related to FRA). |
In subsection (a), the words "To carry out" are substituted for "for purposes of administering and enforcing" in 49:1652a for consistency and to eliminate surplus words. The words "under those laws" are substituted for "pursuant to Federal railroad safety laws" to eliminate surplus words. The words "is responsible" are substituted for "shall retain full and final responsibility" and "shall be responsible" to eliminate surplus words. The words "and for the establishment of all policies with respect to implementation of such laws" are omitted as surplus.
In subsection (b), the words "Each of these components" are omitted as surplus.
In subsection (c), the words "vested in the Secretary" are substituted for "as set forth in the statutes transferred to the Secretary" in 49:1655(f)(3)(A) for clarity and consistency. The words "section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (
In subsection (d), the word "law" is substituted for "statute" in 49:1652(e)(4) for consistency. The words after "administratively final" in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to appeal.
Pub. L. 103–272
Section 5(m)(1) amends 49:103(c)(1) to include a reference to section 20134(c) of the revised title. The reference is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Administrator of the Federal Railroad Administration rather than the Secretary of Transportation.
References in Text
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (e), is act June 30, 1949, ch. 288,
Amendments
1994—Subsec. (c)(1).
Subsec. (e).
1984—Subsec. (c)(1).
Section Referred to in Other Sections
This section is referred to in
§104. Federal Highway Administration
(a) The Federal Highway Administration is an administration in the Department of Transportation.
(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.
(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by
(2) additional duties and powers prescribed by the Secretary.
(d) Notwithstanding the provisions of
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
104(a) | 49:1652(e)(1) (1st sentence related to FHWA). | Oct. 15, 1966, |
104(b)(1) | 49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). | |
104(b)(2) | 23:303(a)(1) (1st, 2d sentences). | |
104(b)(3) | 23:303(a)(1) (last sentence), (b), (c). | |
104(c) | 49:1655(f)(3)(B). | Oct. 15, 1966, |
23:401 (note). | Sept. 9, 1966, |
|
49:1652(e)(3) (related to FHWA) (less last sentence). | ||
104(d) | 49:1652(e)(4) (related to FHWA). | |
49:1655(f)(3)(C) (related to FHWA). |
In subsection (b)(1), the words "Each of these components" are omitted as surplus.
In subsection (b)(2), the words "In addition to the Administrator of the Federal Highway Administration authorized by section 3(e) of the Department of Transportation Act" in 23:303(a)(1) (1st sentence) are omitted as surplus.
In subsection (b)(3), the words "in the competitive service" are substituted for "under the classified civil service" to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Secretary of Transportation.
In subsection (c), the source provisions are consolidated. The words "The Administrator shall carry out duties and powers" are substituted for "The Secretary shall carry out through the Federal Highway Administration those provisions of the Highway Safety Act of 1966 . . . for" in 23:401 (note) and "carry out the functions, powers, and duties of the Secretary" in 49:1655(f)(3)(B) as being more precise, to eliminate unnecessary words, and for consistency. The words "vested in the Secretary" are substituted for "as set forth in the statutes transferred to the Secretary" in 49:1655(f)(3)(B) for clarity and consistency.
In subsection (d), the word "law" is substituted for "statute" in 49:1652(e)(4) for consistency. The words after "administratively final" in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to appeal.
References in Text
The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409,
Amendments
1999—Subsec. (c).
Subsecs. (d), (e).
1996—Subsec. (e).
1994—Subsec. (b)(1).
Subsec. (c)(2).
Effective Date of 1999 Amendment
Elimination of Regional Office Responsibilities
"(a)
"(1)
"(2)
"(b)
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in
§105. National Highway Traffic Safety Administration
(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.
(c) The Administrator shall carry out—
(1) duties and powers vested in the Secretary by
(2) additional duties and powers prescribed by the Secretary.
(d) The Secretary may carry out
(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
105 | 23:401 (note). | Sept. 9, 1966, |
In subsection (a), the words "The . . . is an administration in the" are substituted for "There is hereby established within the", in section 201(a) (1st sentence) of the Highway Safety Act of 1966 (
In subsection (c), the words "carry out . . . duties and powers . . . prescribed by the Secretary" are substituted for "perform such duties as are delegated to him by the Secretary" to eliminate surplus words and for consistency. The list of excepted programs in clause (1) is substituted for "highway safety programs, research and development not specifically referred to in paragraph (1) of this subsection", in section 201(b)(2) of the Highway Safety Act of 1966 for clarity.
In subsection (d), the words "Administration . . . authorized by this section" are omitted as surplus.
The text of section 201(d) of the Highway Safety Act of 1966 is omitted as executed.
Amendments
1994—Subsec. (d).
§106. Federal Aviation Administration
(a) The Federal Aviation Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. The term of office for any individual appointed as Administrator after August 23, 1994, shall be 5 years.
(c) The Administrator must—
(1) be a citizen of the United States;
(2) be a civilian; and
(3) have experience in a field directly related to aviation.
(d)(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.
(2) An officer on active duty or a retired officer serving as Deputy Administrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy Administrator. The Deputy Administrator may elect to receive (A) the pay provided by law for the Deputy Administrator, or (B) the pay and allowances or the retired pay of the military grade held. If the Deputy Administrator elects to receive the military pay and allowances or retired pay, the Administration shall reimburse the appropriate military department from funds available for the expenses of the Administration.
(3) The appointment and service of a member of the armed forces as a Deputy Administrator does not affect the status, office, rank, or grade held by that member, or a right or benefit arising from the status, office, rank, or grade. The Secretary of a military department does not control the member when the member is carrying out duties and powers of the Deputy Administrator.
(e) The Administrator and the Deputy Administrator may not have a pecuniary interest in, or own stock in or bonds of, an aeronautical enterprise, or engage in another business, vocation, or employment.
(f)
(1)
(2)
(A) is the final authority for carrying out all functions, powers, and duties of the Administration relating to—
(i) the appointment and employment of all officers and employees of the Administration (other than Presidential and political appointees);
(ii) the acquisition and maintenance of property and equipment of the Administration;
(iii) except as otherwise provided in paragraph (3), the promulgation of regulations, rules, orders, circulars, bulletins, and other official publications of the Administration; and
(iv) any obligation imposed on the Administrator, or power conferred on the Administrator, by the Air Traffic Management System Performance Improvement Act of 1996 (or any amendment made by that Act);
(B) shall offer advice and counsel to the President with respect to the appointment and qualifications of any officer or employee of the Administration to be appointed by the President or as a political appointee;
(C) may delegate, and authorize successive redelegations of, to an officer or employee of the Administration any function, power, or duty conferred upon the Administrator, unless such delegation is prohibited by law; and
(D) except as otherwise provided for in this title, and notwithstanding any other provision of law, shall not be required to coordinate, submit for approval or concurrence, or seek the advice or views of the Secretary or any other officer or employee of the Department of Transportation on any matter with respect to which the Administrator is the final authority.
(3)
(A)
(B)
(I) have an annual effect on the economy of $250,000,000 or more or adversely affect in a substantial and material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; or
(II) raise novel or significant legal or policy issues arising out of legal mandates that may substantially and materially affect other transportation modes.
(ii) In an emergency, the Administrator may issue a regulation described in clause (i) without prior approval by the Secretary, but any such emergency regulation is subject to ratification by the Secretary after it is issued and shall be rescinded by the Administrator within 5 days (excluding Saturdays, Sundays, and legal public holidays) after issuance if the Secretary fails to ratify its issuance.
(iii) Any regulation that does not meet the criteria of clause (i), and any regulation or other action that is a routine or frequent action or a procedural action, may be issued by the Administrator without review or approval by the Secretary.
(iv) The Administrator shall submit a copy of any regulation requiring approval by the Secretary under clause (i) to the Secretary, who shall either approve it or return it to the Administrator with comments within 45 days after receiving it.
(C)
(ii) The Administrator may identify for review under the criteria set forth in clause (i) unusually burdensome regulations that were issued before the date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996 and that have been in force for more than 3 years.
(iii) For purposes of this subparagraph, the term "unusually burdensome regulation" means any regulation that results in the annual expenditure by State, local, and tribal governments in the aggregate, or by the private sector, of $25,000,000 or more (adjusted annually for inflation beginning with the year following the date of the enactment of the Air Traffic Management System Performance Act of 1996) in any year.
(iv) The periodic review of regulations may be performed by advisory committees and the Management Advisory Council established under subsection (p).
(4)
(A) is employed in a position listed in
(B) is a limited term appointee, limited emergency appointee, or noncareer appointee in the Senior Executive Service, as defined under paragraphs (5), (6), and (7), respectively, of
(C) is employed in a position in the executive branch of the Government of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(g)
(A) duties and powers of the Secretary of Transportation under subsection (f) of this section related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous material) and stated in sections 308(b), 1132(c) and (d), 40101(c), 40103(b), 40106(a), 40108, 40109(b), 40113(a), 40113(c), 40113(d), 40113(e), 40114(a), and 40119,
(B) additional duties and powers prescribed by the Secretary of Transportation.
(2) In carrying out sections 40119, 44901, 44903(a)–(c) and (e), 44906, 44912, 44935–44937, 44938(a) and (b), and 48107 of this title, paragraph (1)(A) of this subsection does not apply to duties and powers vested in the Director of Intelligence and Security by
(h)
(i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant.
(j) There is established within the Federal Aviation Administration an institute to conduct civil aeromedical research under
(k)
(1)
(A) such sums as may be necessary for fiscal year 2000;
(B) $6,592,235,000 for fiscal year 2001;
(C) $6,886,000,000 for fiscal year 2002; and
(D) $7,357,000,000 for fiscal year 2003.
Such sums shall remain available until expended.
(2)
(A) $450,000 for each of fiscal years 2000 through 2003 for wildlife hazard mitigation measures and management of the wildlife strike database of the Federal Aviation Administration.
(B) $9,100,000 for the 3-fiscal-year period beginning with fiscal year 2001 to support a university consortium established to provide an air safety and security management certificate program, working cooperatively with the Federal Aviation Administration and United States air carriers, except that funds under this subparagraph—
(i) may not be used for the construction of a building or other facility; and
(ii) may only be awarded on the basis of open competition.
(C) Such sums as may be necessary for fiscal years 2000 through 2003 to support infrastructure systems development for both general aviation and the vertical flight industry.
(D) Such sums as may be necessary for fiscal years 2000 through 2003 to establish helicopter approach procedures using current technologies (such as the Global Positioning System) to support all-weather, emergency medical service for trauma patients.
(E) Such sums as may be necessary for fiscal years 2000 through 2003 to revise existing terminal and en route procedures and instrument flight rules to facilitate the takeoff, flight, and landing of tiltrotor aircraft and to improve the national airspace system by separating such aircraft from congested flight paths of fixed-wing aircraft.
(F) $3,300,000 for fiscal year 2000 and $3,000,000 for each of fiscal years 2001 through 2003 to implement the 1998 airport surface operations safety action plan of the Federal Aviation Administration.
(G) $9,100,000 for fiscal year 2001 to support air safety efforts through payment of United States membership obligations in the International Civil Aviation Organization, to be paid as soon as practicable.
(H) Such sums as may be necessary for fiscal years 2000 through 2003 for the Secretary to hire additional inspectors in order to enhance air cargo security programs.
(I) Such sums as may be necessary for fiscal years 2000 through 2003 to develop and improve training programs (including model training programs and curriculum) for security screening personnel at airports that will be used by airlines to meet regulatory requirements relating to the training and testing of such personnel.
(l)
(1)
(2)
(3)
(4)
(5)
(A)
(B)
(C)
(6)
(m)
(n)
(1)
(A) to acquire (by purchase, lease, condemnation, or otherwise), construct, improve, repair, operate, and maintain—
(i) air traffic control facilities and equipment;
(ii) research and testing sites and facilities; and
(iii) such other real and personal property (including office space and patents), or any interest therein, within and outside the continental United States as the Administrator considers necessary;
(B) to lease to others such real and personal property; and
(C) to provide by contract or otherwise for eating facilities and other necessary facilities for the welfare of employees of the Administration at the installations of the Administration, and to acquire, operate, and maintain equipment for these facilities.
(2)
(o)
(p)
(1)
(2)
(A) a designee of the Secretary of Transportation;
(B) a designee of the Secretary of Defense;
(C) 10 members representing aviation interests, appointed by—
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation;
(D) 1 member appointed, from among individuals who are the leaders of their respective unions of air traffic control system employees, by—
(i) in the case of initial appointments to the Council, the President by and with the advice and consent of the Senate; and
(ii) in the case of subsequent appointments to the Council, the Secretary of Transportation; and
(E) 5 members appointed by the Secretary after consultation with the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(3)
(A)
(B)
(i) have a fiduciary responsibility to represent the public interest;
(ii) be citizens of the United States; and
(iii) be appointed without regard to political affiliation and solely on the basis of their professional experience and expertise in one or more of the following areas:
(I) Management of large service organizations.
(II) Customer service.
(III) Management of large procurements.
(IV) Information and communications technology.
(V) Organizational development.
(VI) Labor relations.
At least one of such members should have a background in managing large organizations successfully. In the aggregate, such members should collectively bring to bear expertise in all of the areas described in subclauses (I) through (VI).
(C)
(i) have a pecuniary interest in, or own stock in or bonds of, an aviation or aeronautical enterprise, except an interest in a diversified mutual fund or an interest that is exempt from the application of
(ii) engage in another business related to aviation or aeronautics; or
(iii) be a member of any organization that engages, as a substantial part of its activities, in activities to influence aviation-related legislation.
(4)
(A)
(ii) The Council shall review the rulemaking cost-benefit analysis process and develop recommendations to improve the analysis and ensure that the public interest is fully protected.
(iii) The Council shall review the process through which the Administration determines to use advisory circulars and service bulletins.
(B)
(C)
(5)
(6)
(A)
(i) 3 shall be appointed for terms of 1 year;
(ii) 4 shall be appointed for terms of 2 years; and
(iii) 3 shall be appointed for terms of 3 years.
(B)
(C)
(i) 2 members shall be appointed for a term of 3 years;
(ii) 2 members shall be appointed for a term of 4 years; and
(iii) 1 member shall be appointed for a term of 5 years.
(D)
(E)
(F)
(G)
(H)
(i)
(ii)
(I) to affect any other immunity or protection that may be available to a member of the Subcommittee under applicable law with respect to such transactions;
(II) to affect any other right or remedy against the United States under applicable law; or
(III) to limit or alter in any way the immunities that are available under applicable law for Federal officers and employees.
(I)
(i)
(ii)
(J)
(K)
(L)
(7)
(A)
(B)
(i)
(ii)
(C)
(i)
(I) a mission and objectives;
(II) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity; and
(III) annual and long-range strategic plans.
(ii)
(I) methods to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control; and
(II) procurements of air traffic control equipment in excess of $100,000,000.
(iii)
(I) plans for modernization of the air traffic control system;
(II) plans for increasing productivity or implementing cost-saving measures; and
(III) plans for training and education.
(iv)
(I) review and approve the Administrator's appointment of a Chief Operating Officer under section 106(r);
(II) review the Administrator's selection, evaluation, and compensation of senior executives of the Administration who have program management responsibility over significant functions of the air traffic control system;
(III) review and approve the Administrator's plans for any major reorganization of the Administration that would impact on the management of the air traffic control system;
(IV) review and approve the Administrator's cost accounting and financial management structure and technologies to help ensure efficient and cost-effective air traffic control operation; and
(V) review the performance and compensation of managers responsible for major acquisition projects, including the ability of the managers to meet schedule and budget targets.
(v)
(I) review and approve the budget request of the Administration related to the air traffic control system prepared by the Administrator;
(II) submit such budget request to the Secretary; and
(III) ensure that the budget request supports the annual and long-range strategic plans.
The Secretary shall submit the budget request referred to in clause (v)(II) for any fiscal year to the President who shall transmit such request, without revision, to the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate, together with the President's annual budget request for the Federal Aviation Administration for such fiscal year.
(D)
(i)
(ii)
(iii)
(iv)
(E)
(i)
(ii)
(I) establishing committees;
(II) setting meeting places and times;
(III) establishing meeting agendas; and
(IV) developing rules for the conduct of business.
(iii)
(iv)
(F)
(i)
(ii)
(iii)
(iv)
(8)
(q)
(1)
(2)
(A) be appointed by the Administrator;
(B) serve as a liaison with the public on issues regarding aircraft noise; and
(C) be consulted when the Administration proposes changes in aircraft routes so as to minimize any increases in aircraft noise over populated areas.
(3)
(r)
(1)
(A)
(B)
(C)
(D)
(E)
(2)
(A)
(B)
(3)
(4)
(5)
(A)
(i) a mission and objectives;
(ii) standards of performance relative to such mission and objectives, including safety, efficiency, and productivity;
(iii) annual and long-range strategic plans; and
(iv) methods of the Administration to accelerate air traffic control modernization and improvements in aviation safety related to air traffic control.
(B)
(i) modernization of the air traffic control system;
(ii) increasing productivity or implementing cost-saving measures; and
(iii) training and education.
(C)
(i) develop a budget request of the Administration related to the air traffic control system prepared by the Administrator;
(ii) submit such budget request to the Administrator and the Secretary of Transportation; and
(iii) ensure that the budget request supports the annual and long-range strategic plans developed under subparagraph (A) of this subsection.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
106(a) | 49:1341(a) (1st sentence). | Aug. 23, 1958, |
49:1652(e)(1) (related to FAA). | Oct. 15, 1966, |
|
106(b) | 49:1341(a) (2d sentence), (b) (1st sentence less 1st–10th words). | |
49:1342(a) (1st sentence), (b) (1st sentence less 1st–11th words). | ||
49:1652(e) (related to FAA) (1) (less 1st sentence), (3) (last sentence). | ||
106(c) | 49:1341(b) (1st sentence 1st–10th words, 2d sentence). | |
49:1652(e)(2) (related to Administrator). | ||
106(d) | 49:1342(b) (1st sentence 1st–11th words, 2d sentence, 4th–6th sentences). | |
49:1652(e)(2) (1st sentence less Administrator). | ||
49:1343(a)(2) (related to Deputy Administrator). | Aug. 23, 1958, |
|
106(e) | 49:1341(b) (less 1st, 2d sentences). | |
49:1342(b) (3d sentence). | ||
106(f) | 49:1341(a) (less 1st, 2d sentences). | |
106(g) | 49:1652(e)(3) (related to FAA) (less last sentence). | |
49:1655(c)(1) (1st sentence proviso). | Oct. 15, 1966, |
|
106(h) | 49:1652(e)(4) (related to FAA). | |
49:1655(c)(1) (2d, last sentences). | ||
106(i) | 49:1342(a) (2d, last sentences). |
In subsections (a) and (b), the source provisions are combined for clarity.
In subsection (a), the words "referred to in this chapter as the 'Administration' " are omitted because of the style of the revised title.
In subsection (b), the word "due" in 49:1342(b) (1st sentence less 1st–11th words) is omitted as surplus. The words "the duties and powers" are substituted for "the powers and duties vested in and imposed upon him by this chapter" to eliminate surplus words and for consistency. The word "consider" is substituted for "with . . . regard to" for clarity.
In subsections (c) and (d), the words "At the time of his nomination" are omitted as unnecessary and for consistency.
In subsection (c), the text of 49:1652(e)(2) (last sentence) is omitted as executed.
In subsection (d)(1), the words "Nothing in this chapter or other law shall preclude" in 49:1342(b) (4th sentence) are omitted as unnecessary because of the positive statement of authority. The words "armed force" are substituted for "armed services" to conform to title 10. The words "to the position of" are omitted as surplus.
In subsection (d)(2), the word "continue" is omitted as surplus. The words "pay provided by law for the Deputy Administrator" are substituted for "compensation provided for the Deputy Administrator" in 49:1342(b) because the pay provisions were repealed and replaced by 5:5315. The words "(including personal money allowance)" are omitted as being within the meaning of "allowance" in title 37. The words "as the case may be" are omitted as surplus. The words "of the military grade held" are substituted for "military . . . payable to a commissioned officer of his grade and length of service" to eliminate unnecessary words. The words "Administration" and "military" are added for clarity. The words "to defray" are omitted as surplus.
In subsection (d)(3), the words "acceptance of, and" are omitted as unnecessary. The word "held" is substituted for "may occupy or hold" to eliminate unnecessary words. The words "right or benefit" are substituted for "emolument, perquisite, right, privilege, or benefit" to eliminate unnecessary words. The words "incident to or" before "arising" are omitted as surplus.
In subsection (f), the word "Secretary" is substituted for "Administrator" because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words "In the exercise of his duties and the discharge of his responsibilities under this chapter" are omitted as surplus.
In subsection (g), the words "are hereby transferred to" in 49:1655(c)(1) are omitted as executed. The words "carry out" are substituted for "it shall be his duty to exercise" in 49:1655(c)(1) for clarity, consistency, and to eliminate surplus words. The words "In addition to such functions, powers, and duties as are specified in this chapter" in 49:1652(e)(3) are omitted as unnecessary because of the restatement.
In subsection (h), the first sentence is substituted for 49:1655(c)(1) (2d sentence) for clarity and consistency. The word "law" is substituted for "statute" in 49:1652(e)(4) for consistency. The words "carrying out" in 49:1655(c)(1) (last sentence) are substituted for "the exercise of" for consistency. The words after "administratively final" are omitted as unnecessary because of the restatement of the revised title and those laws giving a right of appeal.
In subsection (i), the words "and exercise the powers of" are omitted as surplus. The words "when the office of the Administrator is vacant" are inserted to conform to section 102 of the revised title.
Pub. L. 103–272
Section 4(j)(3)(B) amends 49:106(g) to list the duties and powers of the Secretary of Transportation that the Administrator of the Federal Aviation Administration carries out. The duties and powers are derived from 2 sources. Some were transferred by former 49 App.:1655(c)(1), restated as 49:106 in section 1 of the Act of January 12, 1983 (
References in Text
The Air Traffic Management System Performance Improvement Act of 1996, referred to in subsec. (f)(2)(A)(iv), is title II of
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (f)(3)(B)(i), is the date of enactment of
The date of the enactment of the Air Traffic Management System Performance Improvement Act of 1996, referred to in subsecs. (f)(3)(C), (o), and (p)(1), is the date of enactment of
The Federal Advisory Committee Act, referred to in subsec. (p)(5), is
The Ethics in Government Act of 1978, referred to in subsec. (p)(6)(I)(i), is
Amendments
2000—Subsec. (f)(3)(A).
Subsec. (f)(3)(B)(i).
Subsec. (f)(3)(B)(i)(I).
Subsec. (f)(3)(B)(i)(II) to (IV).
"(II) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency;
"(III) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or
"(IV) raise novel legal or policy issues arising out of legal mandates."
Subsec. (g)(1)(A).
Subsec. (k).
Subsec. (l)(1).
Subsec. (p)(2).
Subsec. (p)(2)(C) to (E).
Subsec. (p)(3).
Subsec. (p)(6).
Subsec. (p)(7), (8).
Subsec. (r).
1999—Subsec. (k).
1997—Subsec. (g)(1)(A).
1996—Subsec. (b).
Subsec. (f).
Subsec. (f)(3).
Subsec. (f)(4).
Subsec. (g)(1)(A).
Subsec. (k).
Subsec. (l).
Subsec. (l)(6).
Subsec. (m).
Subsec. (n).
Subsec. (o).
Subsec. (p).
Subsec. (q).
1994—Subsec. (b).
Subsec. (f).
Subsec. (g).
"(1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by
"(2) additional duties and powers prescribed by the Secretary."
Subsec. (h).
Subsec. (j).
Subsec. (k).
1992—Subsec. (k).
1990—Subsec. (g)(1).
Subsec. (k).
1988—Subsec. (j).
1984—Subsecs. (g)(1), (h).
Effective Date of 2000 Amendments
"(1)
"(2)
"(3)
Effective Date of 1997 Amendment
Effective Date of 1996 Amendment
Section 3 of
"(a)
"(b)
Section 203 of title II of
Internet Availability of Information
Findings
Section 221 of
"(1) In many respects the Administration is a unique agency, being one of the few non-defense government agencies that operates 24 hours a day, 365 days of the year, while continuing to rely on outdated technology to carry out its responsibilities for a state-of-the-art industry.
"(2) Until January 1, 1996, users of the air transportation system paid 70 percent of the budget of the Administration, with the remaining 30 percent coming from the General Fund. The General Fund contribution over the years is one measure of the benefit received by the general public, military, and other users of Administration's services.
"(3) The Administration must become a more efficient, effective, and different organization to meet future challenges.
"(4) The need to balance the Federal budget means that it may become more and more difficult to obtain sufficient General Fund contributions to meet the Administration's future budget needs.
"(5) Congress must keep its commitment to the users of the national air transportation system by seeking to spend all moneys collected from them each year and deposited into the Airport and Airway Trust Fund. Existing surpluses representing past receipts must also be spent for the purposes for which such funds were collected.
"(6) The aviation community and the employees of the Administration must come together to improve the system. The Administration must continue to recognize who its customers are and what their needs are, and to design and redesign the system to make safety improvements and increase productivity.
"(7) The Administration projects that commercial operations will increase by 18 percent and passenger traffic by 35 percent by the year 2002. Without effective airport expansion and system modernization, these needs cannot be met.
"(8) Absent significant and meaningful reform, future challenges and needs cannot be met.
"(9) The Administration must have a new way of doing business.
"(10) There is widespread agreement within government and the aviation industry that reform of the Administration is essential to safely and efficiently accommodate the projected growth of aviation within the next decade.
"(11) To the extent that Congress determines that certain segments of the aviation community are not required to pay all of the costs of the government services which they require and benefits which they receive, Congress should appropriate the difference between such costs and any receipts received from such segment.
"(12) Prior to the imposition of any new charges or user fees on segments of the industry, an independent review must be performed to assess the funding needs and assumptions for operations, capital spending, and airport infrastructure.
"(13) An independent, thorough, and complete study and assessment must be performed of the costs to the Administration and the costs driven by each segment of the aviation system for safety and operational services, including the use of the air traffic control system and the Nation's airports.
"(14) Because the Administration is a unique Federal entity in that it is a participant in the daily operations of an industry, and because the national air transportation system faces significant problems without significant changes, the Administration has been authorized to change the Federal procurement and personnel systems to ensure that the Administration has the ability to keep pace with new technology and is able to match resources with the real personnel needs of the Administration.
"(15) The existing budget system does not allow for long-term planning or timely acquisition of technology by the Administration.
"(16) Without reforms in the areas of procurement, personnel, funding, and governance, the Administration will continue to experience delays and cost overruns in its major modernization programs and needed improvements in the performance of the air traffic management system will not occur.
"(17) All reforms should be designed to help the Administration become more responsive to the needs of its customers and maintain the highest standards of safety."
Purposes
Section 222 of title II of
"(1) to ensure that final action shall be taken on all notices of proposed rulemaking of the Administration within 18 months after the date of their publication;
"(2) to permit the Administration, with Congressional review, to establish a program to improve air traffic management system performance and to establish appropriate levels of cost accountability for air traffic management services provided by the Administration;
"(3) to establish a more autonomous and accountable Administration within the Department of Transportation; and
"(4) to make the Administration a more efficient and effective organization, able to meet the needs of a dynamic, growing industry, and to ensure the safety of the traveling public."
Preservation of Existing Authority
Section 223(b) of title II of
Personnel Management System for Federal Aviation Administration
Dependents of Federal Aviation Administration Personnel
Provisions authorizing the expenditure of certain funds appropriated for the Federal Aviation Administration for (1) except as otherwise authorized by title VIII of the Elementary and Secondary Education Act of 1965, see
Apr. 2, 1956, ch. 161, title I,
June 1, 1955, ch. 113, title I,
May 28, 1954, ch. 242, title I,
June 18, 1953, ch. 132, title I,
Aviation Safety Commission
Appointment of Retired Military Officer as Administrator
"
"
Prior provisions authorizing the appointment of a retired military officer as Administrator were contained in the following acts:
Definitions
Section 202 of title II of
"(1)
"(2)
"(3)
Ex. Ord. No. 13180. Air Traffic Performance-Based Organization
Ex. Ord. No. 13180, Dec. 7, 2000, 65 F.R. 77493, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further improve the provision of air traffic services, an inherently governmental function, in ways that increase efficiency, take better advantage of new technologies, accelerate modernization efforts, and respond more effectively to the needs of the traveling public, while enhancing the safety, security, and efficiency of the Nation's air transportation system, it is hereby ordered as follows:
(b) The ATO shall be composed of those elements of the FAA's Air Traffic Services and Research and Acquisition organizations that have direct connection and give support to the provision of day-to-day operational air traffic services, as determined by the Administrator of the Federal Aviation Administration (Administrator). The Administrator may delegate responsibility for any operational activity of the air traffic control system to the head of the ATO. The Administrator's responsibility for general safety, security, and policymaking functions for the National Airspace System is unaffected by this order.
(c) The Chief Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (
(d) The COO shall develop a 5-year strategic plan for the air traffic control system, including a clear statement of the mission and objectives for the system's safety, efficiency, and productivity. This strategic plan must ensure that ATO actions are consistent with long-term FAA strategies for the aviation system as a whole.
(e) The COO shall also enter into a framework agreement with the Administrator that will establish the relationship of the ATO with the other organizations of the FAA.
(a) optimize use of existing management flexibilities and authorities to improve the efficiency of air traffic services and increase the capacity of the system;
(b) develop methods to accelerate air traffic control modernization and to improve aviation safety related to air traffic control;
(c) develop agreements with the Administrator of the FAA and users of the products, services, and capabilities it will provide;
(d) operate in accordance with safety performance standards developed by the FAA and rapidly respond to FAA safety and security oversight findings;
(e) consult with its customers, the traveling public, including direct users such as airlines, cargo carriers, manufacturers, airports, general aviation, and commercial space transportation providers, and focus on producing results that satisfy the FAA's external customer needs;
(f) consult with appropriate Federal, State, and local public agencies, including the Department of Defense and the National Aeronautics and Space Administration, to determine the best practices for meeting the diverse needs throughout the National Airspace System;
(g) establish strong incentives to managers for achieving results; and
(h) formulate and recommend to the Administrator any management, fiscal, or legislative changes necessary for the organization to achieve its performance goals.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by "in".
§107. Federal Transit Administration
(a) The Federal Transit Administration is an administration in the Department of Transportation.
(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.
(c) The Administrator shall carry out duties and powers prescribed by the Secretary.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
107 | 49:1608 (note). | Reorg. Plan No. 2 of 1968, eff. July 1, 1968, §3, |
In subsection (b), the words "and shall be compensated at the rate now or hereafter provided for Level III of the Executive Schedule Pay Rates (
Amendments
1991—
Change of Name
Section 3004(a), (b) of
"(a)
"(b)
§108. Coast Guard
(a)(1) The Coast Guard is a part of the Department of Transportation. The Secretary of Transportation exercises all duties and powers related to the Coast Guard vested in the Secretary of the Treasury, and other officers and offices of the Department of Treasury, immediately before April 1, 1967.
(2) Notwithstanding paragraph (1) of this subsection, the Coast Guard, together with the duties and powers of the Coast Guard, shall operate as a service in the Navy as provided under
(b) The Commandant is the Chief of the Coast Guard. In addition to carrying out the duties and powers specified by law, the Commandant shall carry out duties and powers prescribed by the Secretary of Transportation. The Commandant reports directly to the Secretary.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
108(a) | 49:1655(b)(1), (2). | Oct. 15, 1966, |
108(b) | 49:1652(e)(3) (related to USCG). |
Subsection (a) reflects the transfer of the Coast Guard to the Department of Transportation as provided by the source provisions and 14:1. The words "Except when operating as a service of the Navy" are substituted for 49:1655(b)(2) because of 14:3. The words "The Secretary of Transportation exercises . . . vested in the Secretary of the Treasury . . . immediately before April 1, 1967" are substituted for "and there are hereby transferred to and vested in the Secretary . . . of the Secretary of the Treasury" to reflect the transfer of duties and powers to the Secretary of Transportation on April 1, 1967, the effective date of the Department of Transportation Act (
In subsection (b), the first sentence is included to provide the name of the officer in charge of the Coast Guard, as reflected in 14:44. In the 2d sentence, the words "carrying out the duties and powers specified by law" are substituted for "such functions, powers, and duties as are specified in this chapter to be carried out", and the words "carry out duties and powers prescribed" are substituted for "carry out such additional functions, powers, and duties as", for consistency.
Pub. L. 103–272
Section 4(j)(4) amends 49:108(a) to reflect the intent of 49 App.:1655(b)(2), on which 49:108(a) was based.
Amendments
1994—Subsec. (a).
§109. Maritime Administration
(a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 App. U.S.C. 1601) is an administration in the Department of Transportation.
(b) The Administrator of the Administration appointed under section 4 of the Maritime Act of 1981 (46 App. U.S.C. 1603) reports directly to the Secretary of Transportation.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
109 | (no source). |
The section is included to provide in
Amendments
1994—
§110. Saint Lawrence Seaway Development Corporation
(a) The Saint Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (
(b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
110(a) | (no source). | |
110(b) | 33:981 (note). | Oct. 15, 1966, |
Subsection (a) is included to provide in
Amendments
1994—Subsec. (a).
§111. Bureau of Transportation Statistics
(a)
(b)
(1)
(2)
(3)
(4)
(c)
(1)
(A) productivity in various parts of the transportation sector;
(B) traffic flows;
(C) travel times;
(D) vehicle weights;
(E) variables influencing traveling behavior, including choice of transportation mode;
(F) travel costs of intracity commuting and intercity trips;
(G) availability of mass transit and the number of passengers served by each mass transit authority;
(H) frequency of vehicle and transportation facility repairs and other interruptions of transportation service;
(I) accidents;
(J) collateral damage to the human and natural environment;
(K) the condition of the transportation system; and
(L) transportation-related variables that influence global competitiveness.
(2)
(A) be coordinated with efforts to measure outputs and outcomes of the Department of Transportation and the transportation systems of the United States under the Government Performance and Results Act of 1993 (
(B) ensure that data is collected under this subsection in a manner which will maximize the ability to compare data from different regions and for different time periods; and
(C) ensure that data collected under this subsection is controlled for accuracy, made relevant to the States and metropolitan planning organizations, and disseminated to the States and other interested parties.
(3)
(4)
(5)
(6)
(7)
(d)
(1)
(2)
(3)
(A) information on the volumes and patterns of movement of goods, including local, interregional, and international movement, by all modes of transportation and intermodal combinations, and by relevant classification;
(B) information on the volumes and patterns of movement of people, including local, interregional, and international movements, by all modes of transportation (including bicycle and pedestrian modes) and intermodal combinations, and by relevant classification;
(C) information on the location and connectivity of transportation facilities and services; and
(D) a national accounting of expenditures and capital stocks on each mode of transportation and intermodal combination.
(e)
(1)
(2)
(3)
(f)
(1)
(A) transportation networks;
(B) flows of people, goods, vehicles, and craft over the networks; and
(C) social, economic, and environmental conditions that affect or are affected by the networks.
(2)
(g)
(1)
(A) investigation of the subjects specified in subsection (c)(1) and research and development of new methods of data collection, management, integration, dissemination, interpretation, and analysis;
(B) development of electronic clearinghouses of transportation data and related information, as part of the National Transportation Library under subsection (e); and
(C) development and improvement of methods for sharing geographic data, in support of the national transportation atlas data base under subsection (f) and the National Spatial Data Infrastructure developed under Executive Order No. 12906.
(2)
(h)
(1) to authorize the Bureau to require any other department or agency to collect data; or
(2) to reduce the authority of any other officer of the Department of Transportation to collect and disseminate data independently.
(i)
(1)
(A) make any disclosure in which the data provided by an individual or organization under subsection (c)(2) can be identified;
(B) use the information provided under subsection (c)(2) for a nonstatistical purpose; or
(C) permit anyone other than an individual authorized by the Director to examine any individual report provided under subsection (c)(2).
(2)
(A)
(B)
(i) shall be immune from legal process; and
(ii) shall not, without the consent of the individual concerned, be admitted as evidence or used for any purpose in any action, suit, or other judicial or administrative proceeding.
(C)
(3)
(j)
(k)
(Added
References in Text
The Government Performance and Results Act of 1993, referred to in subsec. (c)(2)(A), (3), is
Executive Order No. 12906, referred to in subsec. (g)(1)(C), is set out as a note under
Amendments
1998—Subsec. (b)(4).
Subsec. (c)(1)(L).
Subsec. (c)(2).
Subsec. (c)(2)(A).
Subsec. (c)(2)(C).
Subsec. (c)(3).
Subsec. (c)(7).
Subsecs. (d) to (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
1997—
1996—Subsec. (b)(4).
Subsec. (g).
Termination of Reporting Requirements
For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the 7th item on page 138 identifies a report to Congress in a provision which, as subsequently amended, is contained in subsec. (j) of this section), see section 3003 of
Office of Airline Information
International Trade Traffic
"(a)
"(1) to measure the ton-miles and value-miles of international trade traffic carried by highway for each State;
"(2) to evaluate the accuracy and reliability of such measures for use in the formula for highway apportionments;
"(3) to evaluate the accuracy and reliability of the use of diesel fuel data as a measure of international trade traffic by State; and
"(4) to identify needed improvements in long-term data collection programs to provide accurate and reliable measures of international traffic for use in the formula for highway apportionments.
"(b)
"(c)
Advisory Council on Transportation Statistics
Section 6007 of
"(a)
"(b)
"(c)
"(d)
Study of Data Collection Procedures and Capabilities of Department of Transportation
Section 6008 of
"(a)
"(b)
"(c)
"(1) Data collection procedures and capabilities.
"(2) Data analysis procedures and capabilities.
"(3) Ability of data bases to integrate with one another.
"(4) Computer hardware and software capabilities.
"(5) Information management systems, including the ability of information management systems to integrate with one another.
"(6) Availability and training of the personnel of the Department.
"(7) Budgetary needs and resources of the Department for data collection.
"(d)
§112. Research and Special Programs Administration
(a)
(b)
(1)
(2)
(c)
(d)
(1)
(2)
(3)
(4)
(e)
(Added
Amendments
1994—Subsec. (e).
Development of Underground Utility Location Technologies
Section 306 of
"(a)
"(b)
§113. Federal Motor Carrier Safety Administration
(a)
(b)
(c)
(d)
(e)
(f)
(1) duties and powers related to motor carriers or motor carrier safety vested in the Secretary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (
(2) additional duties and powers prescribed by the Secretary.
(g)
(h)
(i)
(Added
Effective Date
Section effective Jan. 1, 2000, see section 107(a) of
Findings
"(1) The current rate, number, and severity of crashes involving motor carriers in the United States are unacceptable.
"(2) The number of Federal and State commercial motor vehicle and operator inspections is insufficient and civil penalties for violators must be utilized to deter future violations.
"(3) The Department of Transportation is failing to meet statutorily mandated deadlines for completing rulemaking proceedings on motor carrier safety and, in some significant safety rulemaking proceedings, including driver hours-of-service regulations, extensive periods have elapsed without progress toward resolution or implementation.
"(4) Too few motor carriers undergo compliance reviews and the Department's data bases and information systems require substantial improvement to enhance the Department's ability to target inspection and enforcement resources toward the most serious safety problems and to improve States' ability to keep dangerous drivers off the roads.
"(5) Additional safety inspectors and inspection facilities are needed in international border areas to ensure that commercial motor vehicles, drivers, and carriers comply with United States safety standards.
"(6) The Department should rigorously avoid conflicts of interest in federally funded research.
"(7) Meaningful measures to improve safety must be implemented expeditiously to prevent increases in motor carrier crashes, injuries, and fatalities.
"(8) Proper use of Federal resources is essential to the Department's ability to improve its research, rulemaking, oversight, and enforcement activities related to commercial motor vehicles, operators, and carriers."
Purposes
"(1) to improve the administration of the Federal motor carrier safety program and to establish a Federal Motor Carrier Safety Administration in the Department of Transportation; and
"(2) to reduce the number and severity of large-truck involved crashes through more commercial motor vehicle and operator inspections and motor carrier compliance reviews, stronger enforcement measures against violators, expedited completion of rulemaking proceedings, scientifically sound research, and effective commercial driver's license testing, recordkeeping and sanctions."
Savings Provision
"(a)
"(b)
"(1) that have been issued, made, granted, or allowed to become effective by the Office, any officer or employee of the Office, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act or the amendments made by this Act; and
"(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any other authorized official, a court of competent jurisdiction, or operation of law.
"(c)
"(1)
"(2)
"(3)
"(d)
"(1)
"(2)
"(3)
"(e)
"(f)
"(g)
CHAPTER 3 —GENERAL DUTIES AND POWERS
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER III—MISCELLANEOUS
Amendments
1994—
1991—
1989—
1984—
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION
§301. Leadership, consultation, and cooperation
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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
301 | 49:1653(a). | Oct. 15, 1966, |
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).
1991—Pars. (3) to (5).
Par. (6).
Pars. (7), (8).
Coordinated Transportation Services
"(a)
"(b)
"(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)
Establishment of Nationwide Differential Global Positioning System
"(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
Model Intermodal Transportation Plans
Section 5003 of
National Commission on Intermodal Transportation
Section 5005 of
Border Crossings
Section 6015 of
Underground Pipelines
Section 6020 of
Long-Range National Transportation Strategic Planning Study
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 Referred to in Other Sections
This section is referred to in
§302. Policy standards for transportation
(a) The Secretary of Transportation is governed by the transportation policy of
(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)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
302(a) | 49:1653(b)(1). | Oct. 15, 1966, |
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
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).
1994—Subsec. (b).
1991—Subsec. (d).
Subsec. (e).
1984—Subsec. (b).
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by section 1036(a) of
Section Referred to in Other Sections
This section is referred to in
§303. Policy on lands, wildlife and waterfowl refuges, and historic sites
(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
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303(a) | 49:1651(b)(2). | Oct. 15, 1966, |
49:1653(f) (1st sentence). | Oct. 15, 1966, |
|
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).
Treatment of Military Flight Operations
Section Referred to in Other Sections
This section is referred to in
§303a. Development of water transportation
(a)
(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)
(c)
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
303a | 49 App.:142. | Feb. 28, 1920, ch. 91, §500, |
Section 4(j)(6)(A) amends 49:ch. 3 by restating 49 App.:142 as section 303a because the provision more appropriately belongs in
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.
§304. Joint activities with the Secretary of Housing and Urban Development
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
304(a) | 49:1653(g) (less 3d sentence). | Oct. 15, 1966, |
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 (
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
Section Referred to in Other Sections
This section is referred to in
§305. Transportation investment standards and criteria
(a) Subject 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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
305(a) | 49:1656(a) (less next-to-last par.). | Oct. 15, 1966, |
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.
§306. Prohibited discrimination
(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
(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 (
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
306(a) | 45:803(f). | Feb. 5, 1976, |
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 (
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.
References in Text
The Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsec. (b), is
The Civil Rights Act of 1964, referred to in subsec. (d)(3), is
Amendments
1994—Subsec. (b).
1984—Subsec. (b).
§307. Safety information and intervention in Interstate Commerce Commission proceedings
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
307(a) | 49:1653(e)(1). | Oct. 15, 1966, |
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.
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§308. Reports
(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.
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308(a) | 45:792. | Jan. 2, 1974, |
49:1658. | Oct. 15, 1966, |
|
308(b) | 49:1354(e). | Aug. 23, 1958, |
308(c) | 15:1519a. | Oct. 3, 1980, |
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.
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
308(d) | 49 App.:1654a. | Oct. 14, 1980, |
308(e) | 49 App.:1601c. | Jan. 6, 1983, |
This [deletion of the last sentence of subsection (a)] is necessary because section 111(b) of the Congressional Reports Elimination Act of 1982 (
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).
1995—Subsec. (d).
1984—
Subsec. (a).
Subsecs. (d), (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), (b), and (c) 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, the 12th item on page 136, and the 5th item on page 138), see section 3003 of
Annual Report on Safety Enforcement Activities of Federal Aviation Administration
Section Referred to in Other Sections
This section is referred to in
§309. High-speed ground transportation
(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 (
(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 (
(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
(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.
(Added
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
The Stevenson-Wydler Technology Innovation Act of 1980, referred to in subsec. (c)(3), is
Section 7 of the Rail Safety Improvement Act of 1988, referred to in subsec. (d)(3)(C), is section 7 of
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
National Magnetic Levitation Prototype Development Program
Section 1036(b) of
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(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)
"(A)
"(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)
"(C)
"(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)
"(5)
"(A)
"(B)
"(6)
"(7)
SUBCHAPTER II—ADMINISTRATIVE
§321. Definitions
In this subchapter, "aeronautics", "air commerce", and "air navigation facility" have the same meanings given those terms in
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
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—
1984—
Effective Date of 1994 Amendment
Section 9 of
§322. General powers
(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
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
322(a) | 49:1657(e)(1) (last 19 words), (2) (last 19 words), (f), (g). | Oct. 15, 1966, |
322(b) | 49:1344(d) (less words after semicolon). | Aug. 23, 1958, |
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, §2, |
|
322(c) | 49:1343(i). | |
322(d) | 49:1344(a). | |
322(e) | 49:1344(e). | Aug. 23, 1958, |
In the chapter, the words "Secretary of Transportation" and "Secretary" are substituted for "Administrator" in the provisions of the Federal Aviation Act of 1958 (
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,
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
Similar provisions were contained in the following prior appropriation acts:
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.
§323. Personnel
(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
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
323(a) | 49:1343(d). | Aug. 23, 1958, |
49:1343(f). | Aug. 23, 1958, |
|
49:1657(a). | Oct. 15, 1966, |
|
323(b) | 49:1343(g) (1st sentence 33d–43d words). | Aug. 23, 1958, |
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 (
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.
§324. Members of the armed forces
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
324(a)(1) | 49:1343(a)(1) (1st sentence). | Aug. 23, 1958, |
324(a)(2) | 49:1657(c) (1st sentence). | Oct. 15, 1966, |
324(b) | 49:1657(p). | Oct. 15, 1966, |
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
Section Referred to in Other Sections
This section is referred to in title 14 section 42.
§325. Advisory committees
(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
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
325(a) | 49:1343(g) (1st sentence 1st–32d words). | Aug. 23, 1958, |
49:1657(o) (1st sentence). | Oct. 15, 1966, |
|
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
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
§326. Gifts
(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 (
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
326(a) | 49:1344(c)(1). | Aug. 23, 1958, |
49:1657(m)(1) (1st, 3d sentences). | Oct. 15, 1966, |
|
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 (
Amendments
1986—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§327. Administrative working capital fund
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
327(a) | 49:1657(j) (1st sentence less 11th–17th words). | Oct. 15, 1966, |
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.
§328. Transportation Systems Center working capital fund
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
328(a) | 49:1657(r)(1) (1st sentence, 2d sentence words before last comma, last sentence). | Oct. 15, 1966, |
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.
§329. Transportation information
(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
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
329(a) | 49:1634. | Sept. 30, 1965, |
49:1655(a)(2)(A) (related to 49:1634). | Oct. 15, 1966, |
|
329(b) | 49:1352. | Aug. 23, 1958, |
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, |
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 (
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 (
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 (
Amendments
1996—Subsec. (b)(1).
Subsec. (d).
1994—Subsec. (b)(1).
Subsec. (d).
1984—Subsec. (b)(1).
Subsec. (d).
Effective Date of 1984 Amendment
Section 5(b) of
§330. Research contracts
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
330(a) | 49:1657(q)(1). | Oct. 15, 1966, |
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
"(1)
"(2)
"(A)
"(B)
"(C)
§331. Service, supplies, and facilities at remote places
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
331(a) | 49:1657(l) (less last sentence). | Oct. 15, 1966, |
331(b) | 49:1657(l) (last sentence). | |
331(c) | 49:1344(b). | Aug. 23, 1958, |
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).
§332. Minority Resource Center
(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.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
332(a) | 49:1657a(e). | Oct. 15, 1966, |
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.
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 (
Section Referred to in Other Sections
This section is referred to in
§333. Responsibility for rail transportation unification and coordination projects
(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
(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
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
333(a) | 49:1654(a). | Oct. 15, 1966, |
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 (
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.
References in Text
Section 203 of the Regional Rail Reorganization Act of 1973, referred to in subsec. (c)(2), which is classified to
Amendments
1995—Subsec. (c)(2).
Subsec. (e).
Effective Date of 1995 Amendment
Amendment by
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
Section Referred to in Other Sections
This section is referred to in
[§§334, 335. Repealed. Pub. L. 103–272, §4(j)(9)(A), July 5, 1994, 108 Stat. 1367 ]
Section 334,
Section 335,
§336. Civil penalty procedures
(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.
(Added
§337. Budget request for the Director of Intelligence and Security
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
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
337 | 49 App.:1652b (note). | Nov. 16, 1990, |
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.
SUBCHAPTER III—MISCELLANEOUS
§351. Judicial review of actions in carrying out certain transferred duties and powers
(a)
(b)
(c)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
351 | 49 App.:1653(c). | Oct. 15, 1966, |
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".
References in Text
The Department of Transportation Act, referred to in subsecs. (a) and (b), is
Abolition of Interstate Commerce Commission and Transfer of Functions
Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
§352. Authority to carry out certain transferred duties and powers
In carrying out a duty or power transferred under the Department of Transportation Act (
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
352 | 49 App.:1653(d). | Oct. 15, 1966, |
The words "force and" are omitted as surplus.
References in Text
The Department of Transportation Act, referred to in text, is
§353. Toxicological testing of officers and employees
(a)
(b)
(c)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
353 | 49 App.:1657–1. | Nov. 28, 1990, |
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.
CHAPTER 5 —SPECIAL AUTHORITY
SUBCHAPTER I—POWERS
SUBCHAPTER II—PENALTIES
Amendments
1998—
1997—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—POWERS
Amendments
1997—
1995—
§501. Definitions and application
(a) In this chapter—
(1) the definitions in
(2) "migrant worker" has the same meaning given that term in
(3) "motor carrier of migrant workers" means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under
(b)
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
501(a) | (no source). | |
501(b) | 45:15. | Apr. 14, 1910, ch. 160, §6, |
49:26(g). | Feb. 4, 1887, ch. 104, |
|
49:1655(f)(2). | Oct. 15, 1966, |
In the chapter, the source provisions are those in effect on March 31, 1967, the day before the effective date of the Department of Transportation Act (
Subsection (a) is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision notes for sections 3101, 3102(c), and 10102 of the revised title.
In subsection (b), the provisions of law to which the chapter applies are only certain laws listed in 49:1655(e). Those laws include the source provisions restated in
Pub. L. 103–272
Section 4(j)(11) makes conforming amendments to 49:ch. 5 to reflect the restatement of 49:508 and related provisions in
Amendments
1995—Subsec. (a)(1).
1994—Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (a)(4) to (9).
Subsec. (b).
"(1)
"(2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 App. U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966."
1992—Subsec. (a)(4) to (9).
1984—Subsec. (b)(2).
Effective Date of 1995 Amendment
Amendment by
Short Title of 1992 Amendment
Section 1 of
§502. General authority
(a) The Secretary of Transportation shall carry out this chapter.
(b) The Secretary may—
(1) inquire into and report on the management of the business of rail carriers and motor carriers;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of the person is related to the management of the business of that carrier; and
(3) obtain from those carriers and persons information the Secretary determines to be necessary.
(c) In carrying out this chapter as it applies to motor carriers, motor carriers of migrant workers, and motor private carriers, the Secretary may—
(1) confer and hold joint hearings with State authorities;
(2) cooperate with and use the services, records, and facilities of State authorities; and
(3) make cooperative agreements with a State to enforce the safety laws and regulations of a State and the United States related to highway transportation.
(d) The Secretary may subpena witnesses and records related to a proceeding or investigation under this chapter from a place in the United States to the designated place of the proceeding or investigation. If a witness disobeys a subpena, the Secretary, or a party to a proceeding or investigation before the Secretary, may petition the district court for the judicial district in which the proceeding or investigation is conducted to enforce the subpena. The court may punish a refusal to obey an order of the court to comply with a subpena as a contempt of court.
(e)(1) In a proceeding or investigation, the Secretary may take testimony of a witness by deposition and may order the witness to produce records. A party to a proceeding or investigation pending before the Secretary may take the testimony of a witness by deposition and may require the witness to produce records at any time after a proceeding or investigation is at issue on petition and answer. If a witness fails to be deposed or to produce records under this subsection, the Secretary may subpena the witness to take a deposition, produce the records, or both.
(2) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding or investigation.
(3) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(4) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(5) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Secretary or agreed on by the parties by written stipulation filed with the Secretary. The deposition shall be filed with the Secretary promptly.
(f) Each witness summoned before the Secretary or whose deposition is taken under this section and the individual taking the deposition are entitled to the same fees and mileage paid for those services in the courts of the United States.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
502 | 49:1655(f)(2). | Oct. 15, 1966, |
502(c)–(f) | 49:304(a)(3) (last sentence) (related to "Sec. 305"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 305"). | Feb. 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 502 | 49 U.S. Code | Revised Section |
---|---|---|
(a), (b) | 12(1)(a) (1st sentence, 2d sentence, and last sentence words before 1st semicolon). | 10321 |
304(a) (matter before (1)), (6), (7) (less words after semicolon). | 10321 | |
(c) | 305(f). | 11502 |
(d) | 12(1)(a) (last sentence words after last semicolon), (2), (3). | 10321 |
305(d) (related to Commission subpena power). | 10321 | |
(e)(1)–(3) | 12(4). | 10321 |
305(d) (related to depositions taken by Commission). | 10321 | |
(e)(4) and (5) | 12(5), (6). | 10321 |
305(d) (related to depositions taken by Commission). | 10321 | |
(f) | 12(7). | 10321 |
18(1) (last sentence). | 10321 | |
305(d) (related to depositions taken by Commission). | 10321 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:305(a)–(c), (e), and (g)–(j) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsection (b), the text of 49:12(1)(a) (2d sentence words after semicolon) is omitted as unnecessary because the Secretary of Transportation already has authority under
In subsections (c)–(f), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (c), the words "economic and" are omitted as not being transferred to the Secretary. The text of 49:305(f) (last sentence) is omitted as not applicable to this chapter.
In subsection (d), the reference to joint boards in 49:305(d) is omitted as not applicable to this chapter because 49:305(a) (establishing joint boards) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
Pub. L. 103–272
Section 4(j)(12) amends 49:502(e)(2) and 10321(d)(3) to reflect the change in the name of United States magistrates to United States magistrate judges made by section 321 of the Judicial Improvements Act of 1990 (
Amendments
1994—Subsec. (e)(2).
§503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers
(a) Each motor carrier of migrant workers (except a motor contract carrier) and each motor private carrier shall designate an agent by name and post office address on whom service of notices in a proceeding before, and actions of, the Secretary of Transportation may be made. The designation shall be in writing and filed with the Secretary. The carrier also shall file the designation with the authority of each State in which it operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. The designation may be changed at any time in the same manner as originally made.
(b) A notice of the Secretary to a carrier under this section is served personally or by mail on that carrier or its designated agent. Service by mail on the designated agent is made at the address filed for the agent. When notice is given by mail, the date of mailing is considered to be the time when the notice is served. If the carrier does not have a designated agent, service may be made by posting a copy of the notice in the office of the secretary or clerk of the authority having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of the State in which the carrier maintains headquarters and with the Secretary.
(c) Each of those carriers, including such a carrier operating in the United States while providing transportation between places in a foreign country or between a place in one foreign country and a place in another foreign country, shall designate an agent in each State in which it operates by name and post office address on whom process issued by a court with subject matter jurisdiction may be served in an action brought against that carrier. The designation shall be in writing and filed with the Secretary and with the authority of each State in which the carrier operates having jurisdiction to regulate transportation by motor vehicle in intrastate commerce on the highways of that State. If a designation under this subsection is not made, service may be made on any agent of the carrier in that State. The designation may be changed at any time in the same manner as originally made.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
503 | 49:304(a)(3) (last sentence) (related to "Sec. 321"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 321"). | Feb. 4, 1887, ch. 104, |
|
49:1655(e)(6)(D) (related to "Sec. 321(a), (c)"). | Oct. 15, 1966, |
The section is included because 49:1655(e)(6)(D) transferred to the Secretary of Transportation all functions, powers, and duties of the Interstate Commerce Commission under 49:321(a) and (c) to the extent those subsections relate to motor carriers of migrant workers and motor private carriers. The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 503 | 49 U.S. Code | Revised Section |
---|---|---|
(a), (b) | 321(a). | 10329 |
(c) | 321(c). | 10330 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the words "motor carriers" are omitted because 49:1655(e)(6)(D) applies 49:321(a) and (c) only to motor carriers of migrant workers, other than motor contract carriers, and to motor private carriers, and 49:1655(f)(2)(B)(ii) contains no reference to 49:321. The text of 49:321(b) and (d) is not included because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(e)(6)(D).
In subsection (b), the text of 49:321(a) (less 1st–5th sentences) is omitted as not applicable to this chapter.
§504. Reports and records
(a) In this section—
(1) "association" means an organization maintained by or in the interest of a group of rail carriers, motor carriers, motor carriers of migrant workers, or motor private carriers that performs a service, or engages in activities, related to transportation of that carrier.
(2) "carrier" means a motor carrier, motor carrier of migrant workers, motor private carrier, and rail carrier.
(3) "lessor" means a person owning a railroad that is leased to and operated by a rail carrier, and a person leasing a right to operate as a motor carrier, motor carrier of migrant workers, or motor private carrier to another.
(4) "lessor" and "carrier" include a receiver or trustee of that lessor or carrier, respectively.
(b)(1) The Secretary of Transportation may prescribe the form of records required to be prepared or compiled under this section by—
(A) carriers and lessors; and
(B) a person furnishing cars or protective service against heat or cold to or for a rail carrier.
(2) The Secretary may require—
(A) carriers, lessors, associations, or classes of them as the Secretary may prescribe, to file annual, periodic, and special reports with the Secretary containing answers to questions asked by the Secretary; and
(B) a person furnishing cars or protective service against heat or cold to a rail carrier to file reports with the Secretary containing answers to questions about those cars or service.
(c) The Secretary, or an employee (and, in the case of a motor carrier, a contractor) designated by the Secretary, may on demand and display of proper credentials—
(1) inspect the equipment of a carrier or lessor; and
(2) inspect and copy any record of—
(A) a carrier, lessor, or association;
(B) a person controlling, controlled by, or under common control with a carrier, if the Secretary considers inspection relevant to that person's relation to, or transaction with, that carrier; and
(C) a person furnishing cars or protective service against heat or cold to or for a rail carrier if the Secretary prescribed the form of that record.
(d) The Secretary may prescribe the time period during which records must be preserved by a carrier, lessor, and person furnishing cars or protective service.
(e)(1) An annual report shall contain an account, in as much detail as the Secretary may require, of the affairs of a carrier, lessor, or association for the 12-month period ending on the 31st day of December of each year. The annual report shall be filed with the Secretary by the end of the 3d month after the end of the year for which the report is made unless the Secretary extends the filing date or changes the period covered by the report.
(2) The annual report and, if the Secretary requires, any other report made under this section shall be made under oath.
(f) No part of a report of an accident occurring in operations of a motor carrier, motor carrier of migrant workers, or motor private carrier and required by the Secretary, and no part of a report of an investigation of the accident made by the Secretary, may be admitted into evidence or used in a civil action for damages related to a matter mentioned in the report or investigation.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
504 | 49:304(a)(3) (last sentence) (related to "Sec. 320(a) (1st, 2d sentences), (b)–(g)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 320(a) (1st, 2d sentences), (b)–(g)"). | Feb. 4, 1887, ch. 104, |
|
49:1655(f)(2). | Oct. 15, 1966, |
|
504(f) | 49:320(f). | Feb. 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 504 | 49 U.S. Code | Revised Section |
---|---|---|
(a)(1), (3), and (4) | 20(8). | 3501, 11141 |
320(e). | 11141 | |
(a)(2) | (no source). | |
(b)(1) | 20(5) (1st sentence), (6) (2d sentence, 1st cl.), (7)(b) (proviso). | 11144 |
320(d) (1st sentence). | 11144 | |
(b)(2) | 20(1) (1st sentence less manner and form of reports), (6) (2d sentence, 2d cl.). | 11145 |
320(a) (1st sentence). | 11145 | |
(c) | 20(5) (less 1st sentence), (6) (less 2d sentence). | 11144 |
320(d) (3d and 4th sentences). | 11144 | |
(d) | 20(7)(b) (proviso). | 11144 |
320(d) (less 1st, 3d, and 4th sentences). | 11144 | |
(e) | 20(1) (1st sentence related to manner and form of reports). | 11145 |
320(a) (2d sentence), (b). | 11145 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The provisions of 49:320(c) are not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In the section, the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The text of 49:320(b) (related to 13-period accounting year) and (g) is not included because it was enacted after the effective date of the transfer authority under 49:1655.
In subsection (a), references to "water line" and "pipe line" are omitted as not applicable to this chapter. Clause (2) is added to provide a simple phrase to refer to all types of carriers to which the section applies.
In subsection (f), the words "the course of the" are omitted as surplus. The words "civil action" are substituted for "suit or action" because of rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).
Amendments
1998—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§505. Arrangements and public records
(a) The Secretary of Transportation may require a motor carrier, motor carrier of migrant workers, or motor private carrier to file a copy of each arrangement related to a matter under this chapter that it has with another person. The Secretary may disclose the existence or contents of an arrangement between a motor contract carrier and a shipper filed under this section only if the disclosure is consistent with the public interest and is made as part of the record in a formal proceeding.
(b) Except as provided in subsection (a) of this section, all arrangements and statistics, tables, and figures contained in reports filed with the Secretary by a motor carrier under this chapter are public records. Such a public record, or a copy or extract of it, certified by the Secretary under seal is competent evidence in a proceeding of the Secretary, and, except as provided in
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
505 | 49:1655(f)(2). | Oct. 15, 1966, |
505(a) | 49:304(a)(3) (last sentence) (related to "Sec. 320(a) (less 1st, 2d sentences)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 320(a) (less 1st, 2d sentences)"). | Feb. 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 505 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 320(a) (less 1st, 2d sentences). | 10764 |
(b) | 16(13). | 10303 |
304(d) (related to administrative matters). | 10303 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a), the text of 49:320(a) (proviso) is not included for motor carriers of migrant workers and motor private carriers because that provision, while included in the enumeration in 49:304(a)(3) and (3a), is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 40:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words "also" and "with it" are omitted as surplus. The words "contract, agreement, or" are omitted as covered by "arrangement". The words "carrier or" are omitted as covered by "person". The words "related to a matter under this chapter" are substituted for "in relation to any traffic affected by the provisions of this chapter" for clarity because of section 501 of the revised title.
Subsection (b) does not apply to reports made to the Secretary by a rail carrier because 49:16(13) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The subsection does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. References to schedules, classifications, and tariffs are omitted as not applicable to this chapter. The words "Except as provided in subsection (a) of this section" are added for clarity. The words "except as provided in
§506. Authority to investigate
(a) The Secretary of Transportation may begin an investigation under this chapter on the initiative of the Secretary or on complaint. If the Secretary finds that a rail carrier, motor carrier, motor carrier of migrant workers, or motor private carrier is violating this chapter, the Secretary shall take appropriate action to compel compliance with this chapter. The Secretary may take action only after giving the carrier notice of the investigation and an opportunity for a proceeding.
(b) A person, including a governmental authority, may file with the Secretary a complaint about a violation of this chapter by a carrier referred to in subsection (a) of this section. The complaint must state the facts that are the subject of the violation. The Secretary may dismiss a complaint the Secretary determines does not state reasonable grounds for investigation and action. However, the Secretary may not dismiss a complaint made against a rail carrier because of the absence of direct damage to the complainant.
(c) The Secretary shall make a written report of each proceeding involving a rail carrier or motor carrier conducted and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Secretary. The Secretary may have the reports published for public use. A published report of the Secretary is competent evidence of its contents.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
506 | 49:1655(f)(2). | Oct. 15, 1966, |
506(a), (b) | 49:304(a)(3) (last sentence) (related to "Sec. 304(c)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 304(c)"). | Feb. 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 506 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 13(1) (1st sentence less words before semicolon, last sentence), (2) (1st, 2d sentences). | 11701 |
304(c) (1st sentence words after 5th comma, 2d sentence). | 11701 | |
(b) | 13(1) (1st sentence words before semicolon). | 11701 |
13(2) (less 1st, 2d sentences). | 11701 | |
304(c) (less 1st sentence words after 5th comma, 2d sentence). | 11701 | |
(c) | 14. | 10310 |
304(d) (related to reports). | 10310 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsections (a) and (b), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Subsection (a) is patterned after 49:304(c). The words "violating this chapter" are substituted for "failed to comply with any such provision or requirement" for clarity.
In subsection (b), the text of 49:13(2) (last sentence) is omitted because 49:13(3) is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The words "referred to in subsection (a) of this section" are added for clarity.
Subsection (c) does not apply to motor carriers of migrant workers and motor private carriers because 49:304(d) applies only to motor carriers and 49:304(a)(3) and (3a) do not apply 49:304(d) to motor carriers of migrant workers and motor private carriers. The word "proceeding" is substituted for "investigation" for clarity and to conform to other sections of the revised title. The word "findings" is added for clarity. The word "decision" is omitted as covered by "conclusions". The words "or requirement" are omitted as covered by "order". The words "in the premises" are omitted as surplus. The words "and in case damages are awarded, such report shall include the findings of fact on which the award is made" are omitted as not applicable to this chapter. The words "entered of record", "and decisions in such form and manner as may be best adapted for public information and use", and "in all courts of the United States and of the several States without any further proof or authentication thereof" are omitted as surplus. The text of 49:14(3) (last sentence) is omitted as unnecessary.
§507. Enforcement
(a) The Secretary of Transportation may bring a civil action to enforce—
(1) an order of the Secretary under this chapter when violated by a rail carrier; and
(2) this chapter or a regulation or order of the Secretary under this chapter when violated by a motor carrier, motor carrier of migrant workers, motor private carrier, or freight forwarder.
(b) The Attorney General may, and on request of the Secretary shall, bring court proceedings to enforce this chapter or a regulation or order of the Secretary under this chapter and to prosecute a person violating this chapter or a regulation or order of the Secretary.
(c) The Attorney General, at the request of the Secretary, may bring an action in an appropriate district court of the United States for equitable relief to redress a violation by any person of a provision of subchapter III of
(d) A person injured because a rail carrier or freight forwarder does not obey an order of the Secretary under this chapter may bring a civil action to enforce that order under this subsection.
(e) In a civil action brought under subsection (a)(2) of this section against a motor carrier, motor carrier of migrant workers, or motor private carrier—
(1) trial is in the judicial district in which the carrier operates;
(2) process may be served without regard to the territorial limits of the district or of the State in which the action is brought; and
(3) a person participating with the carrier in a violation may be joined in the civil action without regard to the residence of the person.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
507 | 49:1655(f)(2). | Oct. 15, 1966, |
507(a), (d) | 49:304(a)(3) (last sentence) (related to "Sec. 322(b)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 322(b)"). | Feb 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 507 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 16(12) (related to Commission action). | 11702 |
322(b)(1) (less 1st sentence last 18 words, 2d sentence, last sentence). | 11702 | |
1017(b)(1) (related to Commission action). | 11702 | |
(b) | 12(1)(a) (last sentence less words before 1st semicolon and after last semicolon). | 11703 |
16(12) (related to action by the Attorney General). | 11703 | |
20(9). | 11703 | |
(c) | 16(12) (related to action by private person). | 11705 |
1017(b)(1) (related to action by the Attorney General). | 11703 | |
(d) | 322(b)(1) (1st sentence last 18 words, 2d sentence, last sentence). | 11702 |
1017(b)(1) (related to action by private person). | 11705 |
See the revision notes for the revised sections for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In the section, the text of 49:322(b)(2) and (3) is not included for motor carriers of migrant workers and motor private carriers because those provisions, while included in the enumeration in 49:304(a)(3) and (3a), are not included in the specific enumeration of 49:1655(f)(2)(B)(ii).
In subsections (a) and (d), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
In subsection (a), the words "or of any term or condition of any certificate or permit" are omitted as not applicable to this chapter.
In subsection (a)(1), reference to a civil action to enforce an order for the payment of money is omitted as not applicable to this chapter.
Amendments
1994—Subsec. (c).
1984—Subsecs. (c) to (e).
DOT Implementation Plan
"(a)
"(b)
"(c)
"(1) in what circumstances the Secretary would exercise the new authority;
"(2) how the Secretary would determine that shippers, freight forwarders, brokers, consignees, or other persons committed violations described in subsection (a), including what types of evidence would be conclusive;
"(3) what procedures would be necessary during investigations to ensure the confidentiality of shipper contract terms prior to the Secretary's findings of violations;
"(4) what impact the exercise of the new authority would have on the Secretary's resources, including whether additional investigative or legal resources would be necessary and whether the staff would need specialized education or training to exercise properly such authority;
"(5) to what extent the Secretary would conduct educational activities for persons who would be subject to the new authority; and
"(6) any other information that would assist the Congress in determining whether to provide the Secretary the new authority."
§508. Safety performance history of new drivers; limitation on liability
(a)
(1) a motor carrier requesting the safety performance records of an individual under consideration for employment as a commercial motor vehicle driver as required by and in accordance with regulations issued by the Secretary;
(2) a person who has complied with such a request; or
(3) the agents or insurers of a person described in paragraph (1) or (2).
(b)
(1)
(A) the motor carrier and any agents of the motor carrier have complied with the regulations issued by the Secretary in using the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records;
(B) the motor carrier and any agents and insurers of the motor carrier have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in deciding whether to hire that individual; and
(C) the motor carrier has used those records only to assess the safety performance of the individual who is the subject of those records in deciding whether to hire that individual.
(2)
(A) the complying person and any agents of the complying person have taken all precautions reasonably necessary to ensure the accuracy of the records and have complied with the regulations issued by the Secretary in furnishing the records, including the requirement that the individual who is the subject of the records be afforded a reasonable opportunity to review and comment on the records; and
(B) the complying person and any agents and insurers of the complying person have taken all precautions reasonably necessary to protect the records from disclosure to any person, except for such an insurer, not directly involved in forwarding the records.
(3)
(c)
(Added
Codification
Prior Provisions
A prior section 508, added
Effective Date
SUBCHAPTER II—PENALTIES
§521. Civil penalties
(a)(1) A person required under
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a person furnishing cars or protective service against heat or cold, and an officer, agent, or employee of one of them, required to make a report to the Secretary or answer a question, that does not make a report to the Secretary or does not specifically, completely, and truthfully answer the question, is liable to the Government for a civil penalty of $100 for each violation.
(4) A separate violation occurs for each day a violation under this subsection continues.
(5) Trial in a civil action under this subsection is in the judicial district in which the rail carrier has its principal operating office or in a district through which the railroad of the rail carrier runs.
(b)(1)(A) If the Secretary finds that a violation of a provision of subchapter III of
(B)
(2)
(A)
(B)
(i) who does not make that report, does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, or does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $500 for each offense, and each day of the violation shall constitute a separate offense, except that the total of all civil penalties assessed against any violator for all offenses related to any single violation shall not exceed $5,000; or
(ii) who knowingly falsifies, destroys, mutilates, or changes a required report or record, knowingly files a false report with the Secretary, knowingly makes or causes or permits to be made a false or incomplete entry in that record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be liable to the United States for a civil penalty in an amount not to exceed $5,000 for each violation, if any such action can be shown to have misrepresented a fact that constitutes a violation other than a reporting or recordkeeping violation.
(C)
(D)
(3) The Secretary may require any violator served with a notice of violation to post a copy of such notice or statement of such notice in such place or places and for such duration as the Secretary may determine appropriate to aid in the enforcement of subchapter III of
(4) Such civil penalty may be recovered in an action brought by the Attorney General on behalf of the United States in the appropriate district court of the United States or, before referral to the Attorney General, such civil penalty may be compromised by the Secretary.
(5)(A) If, upon inspection or investigation, the Secretary determines that a violation of a provision of subchapter III of
(B) In this paragraph, "imminent hazard" means any condition of vehicle, employee, or commercial motor vehicle operations which substantially increases the likelihood of serious injury or death if not discontinued immediately.
(6)
(A)
(B)
(i) any provision of section 31302, 31303(b) or (c), 31304, 31305(b), or 31310(g)(1)(A) of this title or a regulation issued under such section, or
(ii) with respect to notification of a serious traffic violation as defined under
shall, upon conviction, be subject for each offense to a fine not to exceed $5,000 or imprisonment for a term not to exceed 90 days, or both.
(7) The Secretary shall issue regulations establishing penalty schedules designed to induce timely compliance for persons failing to comply promptly with the requirements set forth in any notices and orders under this subsection.
(8)
(A)
(B)
(9) Any aggrieved person who, after a hearing, is adversely affected by a final order issued under this section may, within 30 days, petition for review of the order in the United States Court of Appeals in the circuit wherein the violation is alleged to have occurred or where the violator has his principal place of business or residence, or in the United States Court of Appeals for the District of Columbia Circuit. Review of the order shall be based on a determination of whether the Secretary's findings and conclusions were supported by substantial evidence, or were otherwise not in accordance with law. No objection that has not been urged before the Secretary shall be considered by the court, unless reasonable grounds existed for failure or neglect to do so. The commencement of proceedings under this subsection shall not, unless ordered by the court, operate as a stay of the order of the Secretary.
(10) All penalties and fines collected under this section shall be deposited into the Highway Trust Fund (other than the Mass Transit Account).
(11) In any action brought under this section, process may be served without regard to the territorial limits of the district of the State in which the action is brought.
(12) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this section, trial shall be by the court, or, upon demand of the accused, by a jury, conducted in accordance with the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.
(13) The provisions of this subsection shall not affect
(14) As used in this subsection, the terms "commercial motor vehicle", "employee", "employer", and "State" have the meaning such terms have under
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
521 | 49:1655(f)(2). | Oct. 15, 1966, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 521 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 20(7)(a), (c)–(e). | 11901 |
(b) | 322(h). | 11901 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
In subsection (a)(3), the words "against heat and cold" are inserted for consistency with sections 11105 and 11901 of the revised title.
Subsection (b) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(h) (1st sentence) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(h) (1st sentence) to motor carriers of migrant workers and motor private carriers. The reference to 49:303(c), 306(a)(1), and 309(a)(1) is omitted as not applicable to this chapter.
References in Text
Section 31310(g)(1)(A), referred to in subsec. (b)(1)(A), was redesignated section 31310(i)(1)(A), by
The date of the enactment of this paragraph, referred to in subsec. (b)(8)(B), is the date of enactment of
The Federal Rules of Criminal Procedure, referred to in subsec. (b)(12), are set out in the Appendix to Title 18, Crimes and Criminal Procedure.
Amendments
1999—Subsec. (b)(5)(B).
Subsec. (b)(8) to (14).
1998—Subsec. (b)(1)(A).
Subsec. (b)(1)(B).
"(i) specify those serious recordkeeping violations for which an enforcement action shall be initiated, including instances in which the falsification of records of duty status or drivers' medical certificates is required or permitted, and such other recordkeeping violations as the Secretary determines to be serious; and
"(ii) authorize, but not require, initiation of an enforcement action for recordkeeping violations not specified by the Secretary as serious."
Subsec. (b)(2)(A).
Subsec. (b)(2)(B) to (D).
1996—Subsec. (b)(1)(B).
1994—Subsec. (b)(1)(A).
Subsec. (b)(2)(A).
Subsec. (b)(2)(B).
Subsec. (b)(3).
Subsec. (b)(5)(A).
Subsec. (b)(6)(A).
Subsec. (b)(6)(B)(i).
Subsec. (b)(6)(B)(ii).
Subsec. (b)(12).
Subsec. (b)(13).
1992—Subsec. (b)(2)(A).
1990—Subsec. (b)(1).
1986—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(5)(A).
Subsec. (b)(6).
Subsec. (b)(13).
1984—Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3) to (13).
Minimum and Maximum Assessments
"(a)
"(b)
"(1) should establish and assess minimum civil penalties for each violation of a law referred to in subsection (a); and
"(2) shall assess the maximum civil penalty for each violation of a law referred to in subsection (a) by any person who is found to have committed a pattern of violations of critical or acute regulations issued to carry out such a law or to have previously committed the same or a related violation of critical or acute regulations issued to carry out such a law.
"(c)
"(d)
"(1)
"(2)
Report; Penalties; Effectiveness
Section 213(d) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§522. Reporting and record keeping violations
A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
522 | 49:1655(f)(2). | Oct. 15, 1966, |
522(b) | 49:304(a)(3) (last sentence) (related to "Sec. 322(g)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 322(g)"). | Feb. 4, 1887, ch. 104, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 522 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 20(7)(b) (less proviso). | 11909 |
(b) | 322(g). | 11909 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Amendments
1998—
§523. Unlawful disclosure of information
(a) A motor carrier, or an officer, receiver, trustee, lessee, or employee of that carrier, or another person authorized by that carrier to receive information from that carrier, may not knowingly disclose to another person (except the shipper or consignee), and another person may not solicit, or knowingly receive, information about the nature, kind, quantity, destination, consignee, or routing of property tendered or delivered to that carrier without the consent of the shipper or consignee if that information may be used to the detriment of the shipper or consignee or may disclose improperly to a competitor the business transactions of the shipper or consignee.
(b) This chapter does not prevent a motor carrier, motor carrier of migrant workers, or motor private carrier from giving information—
(1) in response to legal process issued under authority of a court of the United States or a State;
(2) to an officer, employee, or agent of the United States Government, a State, or a territory or possession of the United States; and
(3) to another motor carrier, motor carrier of migrant workers, or motor private carrier, or its agent, to adjust mutual traffic accounts in the ordinary course of business.
(c) An employee of the Secretary of Transportation delegated to make an inspection under
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
523 | 49:1655(f)(2). | Oct. 15, 1966, |
523(b) | 49:304(a)(3) (last sentence) (related to "Sec. 322(f)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 322(f)"). | Feb. 4, 1887, ch. 104, |
|
523(c) | 49:304(a)(3) (last sentence) (related to "Sec. 322(d)"). | |
49:304(a)(3a) (last sentence) (related to "Sec. 322(d)"). |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 523 | 49 U.S. Code | Revised Section |
---|---|---|
(a) | 322(e). | 11910 |
(b) | 322(f). | 11910 |
(c) | 20(7)(f). | 11910 |
322(d). | 11910 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
Subsection (a) does not apply to motor carriers of migrant workers and motor private carriers because 49:322(e) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(e) to motor carriers of migrant workers and motor private carriers. The words "engaged in interstate or foreign commerce" are omitted as unnecessary because of the restatement of the chapter.
In subsections (b) and (c), the text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
§524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person, that by any means knowingly and willfully tries to evade regulation of motor carriers under this chapter shall be fined at least $200 but not more than $500 for the first violation and at least $250 but not more than $2,000 for a subsequent violation.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
524 | 49:1655(f)(2). | Oct. 15, 1966, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 524 | 49 U.S. Code | Revised Section |
---|---|---|
322(c) (related to evasion of regulation). | 11906 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor carriers of migrant workers and motor private carriers.
§525. Disobedience to subpenas
A motor carrier, motor carrier of migrant workers, or motor private carrier not obeying a subpena or requirement of the Secretary of Transportation under this chapter to appear and testify or produce records shall be fined at least $100 but not more than $5,000, imprisoned for not more than one year, or both.
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
525 | 49:304(a)(3) (last sentence) (related to "Sec. 305(d) (related to liability)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 305(d) (related to liability)"). | Feb. 4, 1887, ch. 104, |
|
49:1655(f)(2). | Oct. 15, 1966, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 525 | 49 U.S. Code | Revised Section |
---|---|---|
305(d) (related to liability). | 11913 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to the liability of a rail carrier because 49:46 is not included in the specific enumeration of 49:1655(f)(2)(B)(ii). The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed. The words "under this chapter" are added for clarity.
§526. General criminal penalty when specific penalty not provided
When another criminal penalty is not provided under a provision of this chapter, subchapter III of
(
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
526 | 49:304(a)(3) (last sentence) (related to "Sec. 322(a)"). | Feb. 4, 1887, ch. 104, |
49:304(a)(3a) (last sentence) (related to "Sec. 322(a)"). | Feb. 4, 1887, ch. 104, |
|
49:1655(f)(2). | Oct. 15, 1966, |
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
Section 526 | 49 U.S. Code | Revised Section |
---|---|---|
322(a). | 11914 |
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The reference to a certificate, permit, or licence is omitted as not applicable to this chapter. The text of 49:304(a)(3) (last sentence 1st–7th words) and (3a) (last sentence 1st–5th words) is omitted as executed.
Amendments
1994—
1984—
CHAPTER 7 —SURFACE TRANSPORTATION BOARD
SUBCHAPTER I—ESTABLISHMENT
SUBCHAPTER II—ADMINISTRATIVE
SUBCHAPTER I—ESTABLISHMENT
§701. Establishment of Board
(a)
(b)
(2) At any given time, at least 2 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation or transportation regulation, and at least one member shall be an individual with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) On January 1, 1996, the members of the Interstate Commerce Commission serving unexpired terms on December 29, 1995, shall become members of the Board, to serve for a period of time equal to the remainder of the term for which they were originally appointed to the Interstate Commerce Commission. Any member of the Interstate Commerce Commission whose term expires on December 31, 1995, shall become a member of the Board, subject to paragraph (3).
(5) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual who becomes a member of the Board pursuant to paragraph (4), or an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(6) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another business, vocation, or employment.
(7) A vacancy in the membership of the Board does not impair the right of the remaining members to exercise all of the powers of the Board. The Board may designate a member to act as Chairman during any period in which there is no Chairman designated by the President.
(c)
(2) Subject to the general policies, decisions, findings, and determinations of the Board, the Chairman shall be responsible for administering the Board. The Chairman may delegate the powers granted under this paragraph to an officer, employee, or office of the Board. The Chairman shall—
(A) appoint and supervise, other than regular and full-time employees in the immediate offices of another member, the officers and employees of the Board, including attorneys to provide legal aid and service to the Board and its members, and to represent the Board in any case in court;
(B) appoint the heads of offices with the approval of the Board;
(C) distribute Board business among officers and employees and offices of the Board;
(D) prepare requests for appropriations for the Board and submit those requests to the President and Congress with the prior approval of the Board; and
(E) supervise the expenditure of funds allocated by the Board for major programs and purposes.
(Added
Amendments
1996—Subsec. (b)(4).
Effective Date
Section 2 of
Savings Provision
Section 204 of
"(a)
"(1) that have been issued, made, granted, or allowed to become effective by the Interstate Commerce Commission, any officer or employee of the Interstate Commerce Commission, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act [see Tables for classification] or the amendments made by this Act; and
"(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date),
shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Board [Surface Transportation Board], any other authorized official, a court of competent jurisdiction, or operation of law. The Board shall promptly rescind all regulations established by the Interstate Commerce Commission that are based on provisions of law repealed and not substantively reenacted by this Act.
"(b)
"(2) The Board and the Secretary are authorized to provide for the orderly transfer of pending proceedings from the Interstate Commerce Commission.
"(3)(A) Except as provided in subparagraphs (B) and (C), in the case of a proceeding under a provision of law repeal [repealed], and not reenacted, by this Act such proceeding shall be terminated.
"(B) Any proceeding involving a pipeline carrier under subtitle IV of
"(C) Any proceeding involving the merger of a motor carrier property under subtitle IV of
"(4) Any proceeding with respect to any tariff, rate charge, classification, rule, regulation, or service that was pending under the Intercoastal Shipping Act, 1933 [former 46 App. U.S.C. 843 et seq.] or the Shipping Act, 1916 [46 App. U.S.C. 801 et seq.] before the Federal Maritime Commission on November 1, 1995, shall continue to be heard until completion or issuance of a final order thereon under all applicable laws in effect as of November 1, 1995.
"(c)
"(2) Any suit by or against the Interstate Commerce Commission begun before the effective date of this Act shall be continued, insofar as it involves a function retained and transferred under this Act, with the Board (to the extent the suit involves functions transferred to the Board under this Act) or the Secretary (to the extent the suit involves functions transferred to the Secretary under this Act) substituted for the Commission.
"(3) If the court in a suit described in paragraph (1) remands a case to the Board or the Secretary, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subsequent proceedings.
"(d)
"(e)
Abolition of Interstate Commerce Commission
Section 101 of
Organization of Functions of Surface Transportation Board
Section 202 of title II of
Transfer of Assets and Personnel
Section 203 of
"(a)
"(b)
"(c)
References to Interstate Commerce Commission Deemed To Be References to Surface Transportation Board
Section 205 of
§702. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added
References in Text
The ICC Termination Act of 1995, referred to in text, is
Amendments
1996—
Abolition of Interstate Commerce Commission
Interstate Commerce Commission abolished by section 101 of
§703. Administrative provisions
(a)
(b)
(c)
(d)
(e)
(f)
(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Board.
(g)
(Added
§704. Annual report
The Board shall annually transmit to the Congress a report on its activities.
(Added
§705. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $8,421,000 for fiscal year 1996;
(2) $12,000,000 for fiscal year 1997; and
(3) $12,000,000 for fiscal year 1998.
(Added
§706. Reporting official action
(a)
(b)
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under
(Added
SUBCHAPTER II—ADMINISTRATIVE
§721. Powers
(a)
(b)
(1) inquire into and report on the management of the business of carriers providing transportation and services subject to subtitle IV;
(2) inquire into and report on the management of the business of a person controlling, controlled by, or under common control with those carriers to the extent that the business of that person is related to the management of the business of that carrier;
(3) obtain from those carriers and persons information the Board decides is necessary to carry out subtitle IV; and
(4) when necessary to prevent irreparable harm, issue an appropriate order without regard to subchapter II of
(c)
(2) The district courts of the United States have jurisdiction to enforce a subpoena issued under this section. Trial is in the district in which the proceeding is conducted. The court may punish a refusal to obey a subpoena as a contempt of court.
(d)
(2) If a witness fails to be deposed or to produce records under paragraph (1), the Board may subpoena the witness to take a deposition, produce the records, or both.
(3) A deposition may be taken before a judge of a court of the United States, a United States magistrate judge, a clerk of a district court, or a chancellor, justice, or judge of a supreme or superior court, mayor or chief magistrate of a city, judge of a county court, or court of common pleas of any State, or a notary public who is not counsel or attorney of a party or interested in the proceeding.
(4) Before taking a deposition, reasonable notice must be given in writing by the party or the attorney of that party proposing to take a deposition to the opposing party or the attorney of record of that party, whoever is nearest. The notice shall state the name of the witness and the time and place of taking the deposition.
(5) The testimony of a person deposed under this subsection shall be taken under oath. The person taking the deposition shall prepare, or cause to be prepared, a transcript of the testimony taken. The transcript shall be subscribed by the deponent.
(6) The testimony of a witness who is in a foreign country may be taken by deposition before an officer or person designated by the Board or agreed on by the parties by written stipulation filed with the Board. A deposition shall be filed with the Board promptly.
(e)
(Added
§722. Board action
(a)
(b)
(c)
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.
An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.
(d)
(Added
§723. Service of notice in Board proceedings
(a)
(b)
(c)
(d)
(Added
§724. Service of process in court proceedings
(a)
(b)
(Added
§725. Administrative support
The Secretary of Transportation shall provide administrative support for the Board.
(Added
§726. Railroad-Shipper Transportation Advisory Council
(a)
(1) The members of the Council shall be appointed from among citizens of the United States who are not regular full-time employees of the United States and shall be selected for appointment so as to provide as nearly as practicable a broad representation of the various segments of the railroad and rail shipper industries.
(2) Nine of the members shall be appointed from senior executive officers of organizations engaged in the railroad and rail shipping industries, which 9 members shall be the voting members of the Council. Council action and Council positions shall be determined by a majority vote of the members present. A majority of such voting members shall constitute a quorum. Of such 9 voting members—
(A) at least 4 shall be representative of small shippers (as determined by the Chairman); and
(B) at least 4 shall be representative of Class II or III railroads.
(3) The remaining 6 members of the Council shall serve in a nonvoting advisory capacity only, but shall be entitled to participate in Council deliberations. Of the remaining members—
(A) 3 shall be representative of Class I railroads; and
(B) 3 shall be representative of large shipper organizations (as determined by the Chairman).
(4) The Secretary of Transportation and the members of the Board shall serve as ex officio, nonvoting members of the Council. The Council shall not be subject to the Federal Advisory Committee Act. A list of the members appointed to the Council shall be forwarded to the Chairmen and ranking members of the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(5) Each ex officio member of the Council may designate an alternate, who shall serve as a member of the Council whenever the ex officio member is unable to attend a meeting of the Council. Any such designated alternate shall be selected from individuals who exercise significant decision-making authority in the Federal agency involved.
(b)
(1) 5 members shall be appointed for terms of 1 year; and
(2) 5 members shall be appointed for terms of 2 years,
as designated by the Chairman at the time of appointment. Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of such term. A member may serve after the expiration of his term until his successor has taken office. Vacancies on the Council shall be filled in the same manner in which the original appointments were made. No member of the Council shall be eligible to serve in excess of two consecutive terms.
(c)
(d)
(2) Upon request by the Council Chairman, the Secretary or Chairman of the Board, to the extent provided in advance in appropriations Acts, may pay the reasonable and necessary expenses incurred by the Council in connection with the coordination of Council activities, announcement and reporting of meetings, and preparation of such Council documents as are required or permitted by this section.
(3) The Council may solicit and use private funding for its activities, subject to this subsection.
(4) Prior to making any Federal funding requests, the Council Chairman shall undertake best efforts to fund such activities privately unless the Council Chairman determines that such private funding would create a conflict of interest, or the appearance thereof, or is otherwise impractical. The Council Chairman shall not request funding from any Federal agency without providing written justification as to why private funding would create any such conflict or appearance, or is otherwise impractical.
(5) To enable the Council to carry out its functions—
(A) the Council Chairman may request directly from any Federal agency such personnel, information, services, or facilities, on a compensated or uncompensated basis, as the Council Chairman determines necessary to carry out the functions of the Council;
(B) each Federal agency may, in its discretion, furnish the Council with such information, services, and facilities as the Council Chairman may request to the extent permitted by law and within the limits of available funds; and
(C) each Federal agency may, in its discretion, detail to temporary duty with the Council, such personnel as the Council Chairman may request for carrying out the functions of the Council, each such detail to be without loss of seniority, pay, or other employee status.
(e)
(f)
(2) To the extent the Council addresses specific grain car issues, it shall coordinate such activities with the National Grain Car Council. The Secretary and Chairman shall cooperate with the Council to provide research, technical and other reasonable support in developing any reports and policy statements required or authorized by this subsection.
(3) The Council shall endeavor to develop within the private sector mechanisms to prevent, or identify and effectively address, obstacles to the most effective and efficient transportation system practicable.
(4) The Council shall prepare an annual report concerning its activities and the results of Council efforts to resolve industry issues, and propose whatever regulatory or legislative relief it considers appropriate. The Council shall include in the annual report such recommendations as it considers appropriate with respect to the performance of the Secretary and Chairman under this chapter, and with respect to the operation and effectiveness of meetings and industry developments relating to the Council's efforts, and such other information as it considers appropriate. Such annual reports shall be reviewed by the Secretary and Chairman, and shall include the Secretary's and Chairman's views or comments relating to—
(A) the accuracy of information therein;
(B) Council efforts and reasonableness of Council positions and actions; and
(C) any other aspects of the Council's work as they may consider appropriate.
The Council may prepare other reports or develop policy statements as the Council considers appropriate. An annual report shall be submitted for each fiscal year and shall be submitted to the Secretary and Chairman within 90 days after the end of the fiscal year. Other such reports and statements may be submitted as the Council considers appropriate.
(Added
References in Text
The Federal Advisory Committee Act, referred to in subsec. (a)(4), is
Amendments
1996—Subsec. (a).
§727. Definitions
All terms used in this chapter that are defined in subtitle IV shall have the meaning given those terms in that subtitle.
(Added