206. Exemption of retired officers of the uniformed services. 207. Disqualification of former officers and employees in matters connected with former duties or official responsibilities; dis- 211. Acceptance or solicitation to obtain appointive public office. 218. Voiding transactions in violation of chapter; recovery by the PART I. DEPARTMENT OF TRANSPORTATION ACT Title 49, United States Code, "Transportation" Chapter 23.-DEPARTMENT OF TRANSPORTATION [New] 1 Sec. 1651. Congressional declaration of purpose. 1652. Establishment of Department. (a) Designation and appointment of Secretary of Transportation. (b) Deputy Secretary; appointment; functions, powers and duties.' (c) Assistant Secretaries; General Counsel; appointment; functions, powers, and duties. (d) Assistant Secretary for Administration; appointment; functions, powers, and duties. (e) Federal Highway Administration; Federal Railroad Administration; Federal Aviation Administration; establishment; Administrators and Deputy Federal Aviation Administrator; appointment; functions, powers, and duties; transfer of functions. (f) National Traffic Safety Bureau; National Highway Safety Bureau; establishment; appointment of Directors; transfer and continuation of office of Federal Highway Administrator under title of Director of Public Roads. 1652a. Regional Organization of Federal Railroad Administration; administration and enforcement of railroad safety laws.1a 1653. General provisions. (a) Responsibilities of Secretary of Transportation; leadership, consultation, and coordination. (b) Congressional policy standards for transportation; prohibition against adoption of standards or policy without appropriate Congressional action. (c) Judicial review of orders of the Secretary and Administrators." (d) Carryover of authority to Secretary and Administrators from departments and agencies formerly exercising functions and duties. (e) Safety record of applicants seeking operating authority from Interstate Commerce Commission. (f) Maintenance and enhancement of natural beauty of land traversed by transportation lines. (g) Consultation with Secretary of Housing and Urban Development; annual report to the President for submission to Congress. 1 Amended by sec. 16(a) of Public Law 93-496, Oct. 28, 1974 (88 Stat. 1533). 1a Added by sec. 6 of Public Law 94-348, July 8, 1976 (90 Stat. 820). Amended by the Independent Safety Board Act of 1974, sec. 308(2) of Public Law 93-633, Jan. 3, 1975 (88 Stat. 2173). 'Amended by the Independent Safety Board Act of 1974, sec. 308 (3) of Public Law 93-633, Jan. 3, 1975 (88 Stat. 2173). Chapter 23.-DEPARTMENT OF TRANSPORTATION [New]-Continued 1653. General provisions-Continued Sec. (h) Model intermodal transportation terminal at Union Station; authorization for design, plan, and coordination of construction; lease or transfer of space; time for completion of design, plans and construction; authorization of appropriations; application of other laws." (i) Conversion of railroad terminals into intermodal transportation terminals; assistance by Secretary; criteria for financial assistance; consultations; applications; preference; recordkeeping requirements; audit and examination of books, etc.; authorization of appropriations; definitions; eligibility under other Federal programs or plans. 1653a. Rail bank.3 3b (a) Establishment by Secretary, scope. (b) Acquisition, holding and disposition of rail properties by Secretary. (c) Authorization of appropriations. 1654. Rail service responsibilities of Secretary.* (a) Development and availability of plans, proposals, and recommendations for unification or coordination projects. (b) Assistance in planning, negotiating, and effecting unification or coordination of operations and facilities. (c) Conduct of studies to determine potential cost savings and improvements resulting from unification or coordination; access to information; subpoenas. (d) Conferences and mediation of disputes relating to any proposed unification or coordination project; antitrust exemption for person attending or represented at conferences. (e) Study of proposed merger, etc. subject to jurisdiction of Interstate Commerce Commission; applicable statutory provision for consideration of proposal; appearance before Commission. (f) Financial assistance to States for rail freight assistance programs; purposes of programs. (g) Federal share of costs of rail service assistance program; adjustments; standards and procedures for adjustment of State share of costs. (h) State rail service assistance entitlement; computation of amount; reallocation. (i) Allocation by State of rail service assistance; grants to States. (j) Preconditions for eligibility of States for rail service assistance. (k) Preconditions for eligibility of project for financial assistance from applicable rail service assistance program. (1) Additional payments to State for project eligible for financial assistance from applicable rail service assistance program. Added by Public Law 93-496, sec. 15, Oct. 28, 1974 (88 Stat. 1533). ab Added by Public Law 93-496, sec. 6, Oct. 28, 1974 (88 Stat. 1528). 3e Added by Public Law 94-210, Title VIII, sec. 810, Feb. 5, 1976 (90 Stat. 416); and repealed by Public Law 95-607, Title I, sec. 109 (b)(1), Nov. 8, 1978 (92 Stat. 3064). 'Deleted by the Independent Safety Board Act of 1974, sec. 308(1). Public Law 93-633, Jan. 3, 1975 (88 Stat. 2173); and new section added by Public Law 94-210, Title IV, sec. 401 and Title VIII, sec. 803, Feb. 5, 1976 (90 Stat. 61, 130). Chapter 23. DEPARTMENT OF TRANSPORTATION [New]-Continued Rail service responsibilities of Secretary-Continued 1654. Sec. (m) Recordkeeping, auditing, etc., requirements of recipients of financial assistance. (n) Definition. (0) Authorization of appropriations; availability of unexpended appropriations. 1655. Transfer of functions. (a) Powers and duties of the Secretary of Commerce and other offices and officers of the Department of Commerce relating to highways, ground transportation generally, aircraft, pilotage, and traffic and highway safety generally. (b) Coast Guard; functions of the Secretary of the Treasury and offices and officers of the Department of the Treasury relating to the Coast Guard. (c) Federal Aviation Agency; functions, powers, and duties of Ad- (d) Civil Aeronautics Board; chairman, members, officers, and of- (f) Retention by Interstate Commerce Commission of powers and (g) Department of the Army; functions, powers, and duties of the Secretary of the Army relating to water vessel anchorages, drawbridge operating regulations, obstructive bridges, tolls, prevention of pollution of the sea by oil, and location and clearance of bridges and causeways on navigable waters. (h) Applicability of administrative procedure and judicial review provisions of Title 5. (i) Alaska Railroad. 1656. Transportation investment standards; promulgation by Secretary of Transportation; use of standards and criteria in surveys, plans, and reports of Federal agencies. 1657. Administrative provisions. (a) Authority of Secretary to employ personnel and prescribe their authority and duties. (b) Temporary or intermittent employment of experts and consultants. (c) Detailing of participating military personnel for service in De- (d) Military personnel assigned to Department of Transportation; Amended by sec. 6 of Public Law 92-401, Aug. 2, 1972 (86 Stat. 617). Chapter 23.-DEPARTMENT OF TRANSPORTATION [New]-Continued 1657. Administrative provisions—Continued Sec. (f) Transfer of personnel, assets, liabilities, contracts, property, records, and unexpended funds of the Federal Aviation Agency to the Secretary of Transportation. (g) Determination of personnel and property transfers to Secretary of Transportation; transfer of property and funds of Civil Aeronautics Board to National Transportation Safety Board. (h) Prohibition against reduction in classification or compensation of transferees for one year. (i) Lapse of transferred offices and agencies; compensation of executive positions upon continuity of service. (j) Administrative services; establishment of capital fund; transactions involving the capital fund. (k) Seal of office. (1) Authority to provide facilities and services for personnel sta tioned in remote localities. (m) Authority to accept and hold gifts and bequests for purposes of aiding or facilitating the work of the Department. (n) Authority to fill requests for statistical compilations covering Department matters on reimbursable basis. (0) Advisory committees; appointment, compensation. (p) Appointment of Coast Guard personnel on active duty to serve with Department; retired Coast Guard personnel. (q) Contracts with private agencies for research; capabilities of research agency; dissemination of resulting data. 1657a. Minority Resource Center. 1658. (a) Establishment. (b) Advisory Committee; membership. (c) Powers and functions. (d) Assistance in performance of functions by United States Railway Association, etc. (e) Definition. Annual reports. 1659. Separability of provisions. Sec. 1651. Congressional declaration of purpose. (a) The Congress hereby declares that the general welfare, the economic growth and stability of the Nation and its security require the development of national transportation policies and programs conducive to the provision of fast, safe, efficient, and convenient transportation at the lowest cost consistent therewith and with other national objectives, including the efficient utilization and conservation of the Nation's resources. (b) (1) The Congress therefore finds that the establishment of a Department of Transportation is necessary in the public interest and to assure the coordinated, effective administration of the transportation programs of the Federal Government; to facilitate the development and improvement of coordinated transportation service, to be provided by private enterprise to the maximum extent feasible; to encourage cooperation of Federal, State, 5 Added by Public Law 94-210, Title IX, sec. 906, Feb. 5, 1976 (90 Stat. 149). |