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Ante, p. 324. 42 USC note. 42 USC note. 42 USC note. 42 USC

1395WW 1395u 1395xx 1395x.

42 USC 1395CC. 42 USC 1395b-l note, 1395f note. 42 USC 1395f note. 42 USC 1396a, 1396o note. 42 USC 1320c note.

42 USC 426 note.

42 USC 426-1.

Ante, p. 382. 42 USC 1320C-2.

Ante, p. 385. 42 USC 1320C-3.

PUBLIC LAW 97-448—JAN. 12, 1983 SEC. 309. TECHNICAL CORRECTIONS RELATING TO SPENDING REDUCTION PROVISIONS OF TAX EQUITY AND FISCAL RESPONSIBILITY ACT OF 1982.

(a)(l) Section 101(b)(2)(B) of the Tax Equity and Fiscal Responsibility Act of 1982 is amended by striking out "title 5" and inserting in lieu thereof "title 44". (2) Section 104(b) of such Act is amended by striking out "made by this section". (3) Section 108 of such Act is amended by redesignating subsection (c) as subsection Qo). (4) Section 109(b)(2) of such Act is amended by striking out "section 108a)X2)" and inserting in lieu thereof "section 108(a)(2)". (5) Section 122(g)(5) of such Act is amended by striking out "1866(b)(2)(A)" and inserting in lieu thereof "1866(a)(2)(A)". (6) Section 122 of such Act is amended by redesignating the last three subsections as subsections (i), (j), and (k). (7) Section 122(k) of such Act (as redesignated by paragraph (6)) is amended by striking out "1861(ddX2XAXiv)" and inserting in lieu thereof "1861(ddX2XAXiii)". (8) Section 131 of such Act is amended by redesignating the last two subsections thereof as subsections (c) and (d). (9)(A) The second sentence of section 150(a) of such Act and the first sentence of section 150(b) of such Act are each amended by striking out "contract" and inserting in lieu thereof "agreement. (B) The first sentence of section 150(b) of such Act is amended by striking out "contracts" and inserting in lieu thereof "agreements. (10) Section 278(c)(2)(A) of such Act is amended by striking out "paragraph (3) of that subsection" and inserting in lieu thereof "paragraph (2) of that subsection". (11) Section 278(d) of such Act is amended— (A) by amending paragraph (1) to read as follows: "(1) IN GENERAL.—For purposes of sections 226, 226A, and 1811 of the Social Security Act, in the case of any individual who performs service both during January 1983, and before January 1, 1983, which constitutes medicare qualified Federal employment (as defined in section 210(p) of such Act), the individual's medicare qualified Federal employment (as so defined) performed before January 1, 1983, for which remuneration was paid before such date, shall be considered to be 'employment' (as defined for purposes of title II of such Act), but only for the purpose of providing the individual (or another person) with entitlement to hospital insurance benefits under part A of title XVIII of such Act.''; (B) by striking out paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2) and striking out "or (2)" in subparagraph (A) thereof. OaXD Section 226A(a)(l)(B)(iii) of the Social Security Act is amended by striking out "210(p)) after December 31, 1982," and inserting in lieu thereof "section 210(p))". (2) Section 1153(d) of such Act is amended— (A) in paragraph (1), by striking out "(c)(5)(B)" and inserting in lieu thereof "(c)(6)(B)"; and (B) in paragraph (2), by striking out "(c)(5)(C)" and inserting in lieu thereof "(c)(6)(B)". (3) Section 1154(a)(1)(A) of such Act is amended by striking out "or otherwise allowable under section 1862(a)(l)" and inserting in lieu

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 PUBLIC LAW 97-448—JAN. 12, 1983 thereof "and whether such services and items are not allowable under subsection (a)(1) or (a)(9) of section 1862". (4) Section 1154(a)(2)(B) of such Act is amended by striking out "posthospital". (5) Section 1812(d)(2)(A) of such Act is amended by striking out "or to other than services" and inserting in lieu thereof "or to services". (6) The heading of subsection (i) of section 1814 of such Act is amended to read as follows:

96 STAT. 2409

Ante, p. 385. 42 USC 1320C-3. Ante, p. 356. 42 USC 1395d.

"Pajment for Hospice Care". (7) Section 1814(i)(l) of such Act is amended by inserting "made" before "for bereavement counseling". (8) Section 1839(d) of such Act is amended by striking out "subsection (b) or (c)" and inserting in lieu thereof "subsection (b), (c), or (g)". (9) The heading of subsection (dd) of section 1861 of such Act is amended to read as follows:

Ante, p. 358. 42 USC 1395f. 42 USC 1395r.

Ante, p. 359. 42 USC 1395x.

"Hospice Care; Hospice Program". (10) Section 1862(b)(3)(A)(i) of such Act is amended— (A) by inserting "in any month" after "service furnished"; and (B) by inserting "during any part of such month" after "70 years of age" each place it appears. (11) Section 1866(a)(2)(A) of such Act is amended by inserting a comma after "1813(a)(l)". (12) Section 1876(g)(l) of such Act is amended by striking out "subsection (b)(D" and inserting in lieu thereof "subsection (b)". (13) Section 1886(a)(4) of such Act is amended by striking out "and such costs are determined" and inserting in lieu thereof "as such costs are determined". (14) Section 1886(b)(1) of such Act is amended by striking out "sections 1814(b)" and inserting in lieu thereof "section 1814(b),". (15) Section 1886(b)(6)(C) of such Act is amended by striking out "under this subsection" in the matter before clause (i) and inserting in lieu thereof "under this title (taking into account any limitation under subsection (a))". (16) Section 1903(t)(3) of such Act is amended to read as follows: "(3) Only for the purposes of computing under this subsection the Federal share of expenditures for a State for fiscal years 1982, 1983, and 1984 (in the case of the payment which may be made for the first quarter of fiscal years 1983, 1984, and 1985, respectively), the Federal medical assistance percentage for fiscal years 1982, 1983, and 1984 shall be the lower of the Federal medical assistance percentage for the State in effect for fiscal year 1981, or the Federal medical assistance percentage for the State in effect for fiscal year 1982.". (17) Section 1915(c)(2)(B) of such Act is amended by striking out "need for such services" in the matter following clause (iii) and inserting in lieu thereof "need for such skilled nursing facility or intermediate care facility services". (18) Section 1916(c) of such Act is amended by striking out "this subparagraph" and inserting in lieu thereof "this subsection".

Ante, p. 353. 42 USC 1395y.

42 USC 1395CC. Ante, p. 341. 42 USC 1395mm. Ante, p. 331. 42 USC 1395WW.

42 USC 1396b.

Ante, p. 380. 42 USC 1396n.

Ante, p. 367. 42 USC 1396o.

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PUBLIC LAW 97-448—JAN. 12, 1983

(19) Section 1916(d) of such Act is amended by striking out "unless authorized under this section" and inserting in lieu thereof ", except as provided in subsections (a)(3) and (b)(3)". (20) Section 1916(d)(5) of such Act is amended by striking out "in which participation is voluntary, or in which provision is made" and inserting in lieu thereof "is voluntary, or makes provision". Ante, p. 370. (21) Section 1917(b)(2)(B) of such Act is amended by striking out 42 USC 1396p. "and has lawfully resided" and inserting in lieu thereof "who has lawfully resided". (22) Section 1917(c)(2)(B)(iii) of such Act is amended— (A) in subclause (I), by striking out "cannot" and inserting in lieu thereof "can"; and (B) in subclause (IV), by striking out "if. Ante, p. 551. (23) Subsection (p) of section 210 of such Act {as added by section 42 USC 410. 269(b) of the Tax Equity and Fiscal Responsibility Act of 1982, relating to treatment of real estate agents) is redesignated as subsection (q). 42 USC 426 note. (c)(1) Any amendment to the Tax Equity and Fiscal Responsibility Act of 1982 made by this section shall be effective as if it had been originally included in the provision of such Act to which such amendment relates. 42 USC 426-1 (2) Any amendment to the Social Security Act made by this note. section shall be effective as if it had been originally included as a part of that provision of the Social Security Act to which it relates, as such provision of such Act was amended or added by the Tax Equity and Fiscal Responsibility Act of 1982. 42 USC 1320c (d) In order to avoid unfairly discriminating against professional note. standards review organizations whose performance was evaluated during the first and second calendar quarters of 1982, the Secretary of Health and Human Services shall disregard the results of such evaluations and shall carry out such new evaluations of such organizations as may be necessary to select utilization and quality control peer review organizations in accordance with subtitle C of title I of the Tax Equity and Fiscal Responsibility Act of 1982 and part B of title XI of the Social Security Act as amended by such subtitle. 42 USC 1395b-l (e) Section 122(i) of the Tax Equity and Fiscal Responsibility Act of note. 1982 (as redesignated by subsection (a)(6) of this section) is amended by adding at the end thereof the following new paragraph: "(3)(A) Notwithstanding the provisions of paragraph (1), the Secretary of Health and Human Services, upon request of the hospice involved, shall permit continuation of a hospice demonstration project described in paragraph (1) until September 30, 1986, if the hospice involved in such demonstration project does not provide hospice care directly but acts as a channeling agency for the provision of hospice care. "(B) During the period after the date on which a hospice demonstration project described in subparagraph (A) would otherwise have terminated under the provisions of paragraph (1), and prior to September 30, 1986, any such hospice demonstration project shall be subject to the same requirements as are imposed under the hospice program provided for under the amendments made by this section with respect to reimbursement and benefits, other than the requirement that certain benefits be provided directly by the hospice involved.".

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 PUBLIC LAW 97-448—JAN. 12, 1983

96 STAT. 2411

SEC. 310. TECHNICAL CORRECTION RELATING TO FEDERAL SUPPLEMENTAL UNEMPLOYMENT COMPENSATION PROGRAM.

(a) Section 602(d) of the Tax Equity and Fiscal Responsibility Act 26 USC 3304 of 1982 is amended— ^°^ (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (2) the following new paragraph: "(3) the maximum amount of Federal supplemental compensation payable to any individual for whom an account is established under subsection (e) shall not exceed the lesser of (A) the amount established in such account for such individual, or (B) in the case of an individual filing a claim under the interstate benefit payment plan for Federal supplemental compensation, an amount equal to his average weekly benefit amount (as determined for purposes of section 202(b)(l)(C) of the FederalState Extended Unemployment Compensation Act of 1970) for?^^Y^^ ^^^^ his benefit year, multiplied by the number '6', '8', or '10', note. whichever is applicable under subsection (e)(2)(A)(ii) in the State in which such individual is filing such interstate claim under the interstate benefit payment plan for the week in which he is filing such claim.". (b) The amendment made by subsection (a) shall be effective as if fFf^ljonl®" it had been originally included in section 602 of the Tax Equity and ^^te Fiscal Responsibility Act of 1982. Ante, p. 702. SEC. 311. EFFECTIVE DATES.

(a) FOR SECTIONS 301, 302, AND 303.—The amendments made by 26 USC 453 note, sections 301, 302, and 303 shall apply to dispositions made after October 19, 1980, in taxable years ending after such date. (b) FOR SECTION 304.— (1) The amendment made by subsection (a) of section 304 26 USC 443 note. shall take effect as if included in the amendments made by section 3 of the Bankruptcy Tax Act of 1980. 94 Stat. 3397. (2) The amendment made by subsection (b) of section 304 shall 26 USC 368 note. take effect as if included in the amendments made by section 4 of such Act. (c) FOR SECTION

305.— (1) The amendment made by subsection (a) of section 305 shall take effect on December 28, 1980. (2) The amendments made by subsection (b) of section 305 shall take effect on October 14, 1980. (3) The amendment made by subsection (c) of section 305 shall take effect as if included in the amendments made by section 421 of the Revenue Act of 1978. (4) The amendments made by subsection (d) of section 305 shall take effect on the date of the enactment of the Subchapter S Revision Act of 1982.

94 Stat. 3401.

26 USC 404A "°^26 USC 194A ^°^26 USC 55 note, 92 Stat. 2871. 26 USC 221 note. Ante, p. 1669.

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PUBLIC LAW 97-448—JAN. 12, 1983

26 USC 7448

(5) fhe amendment made by subsection (e) of section 305 shall take effect on the date of the enactment of ihe Miscellaneous Ante, p 1726 Revenue Act of 1982. 26 USC 31 note. (d) FoR SBCTION 306—The amendments made by section 306 shall take effect as if included in the provisions of the Tax Equity and Ante, p. 324. ViaoA Responsibility Act of 1982 to which such amendments relate. Approved January 12, 1983.

LEGISLATIVE HISTORY—H.R. 6056: HOUSE REPORTS: No. 97-794 (Comm. on Ways and Means) and No. 97-986 (Comm. of Conference). SENATE REPORT No. 97-592 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 14, considered and passed House. Sept. 30, considered and passed Senate, amended. Dec. 13, House concurred in certain Senate amendments in others with amendments. Dec. 21, House agreed to conference report. Dec. 22, Senate agreed to conference report.

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 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2413

Public Law 97-449 97th Congress An Act To revise, codify, and enact without substantive change certain general and permanent laws related to transportation as subtitle I and chapter 31 of subtitle II of title 49, United States Code, "Transportation".

Jan. 12, 1983 [H.R. 6993]

Be it enacted by the Senate and House of Representatives of the Department of United States of America in Congress assembled, SUBTITLE I AND CHAPTER 31 OF SUBTITLE II OF TITLE 49, UNITED STATES CODE

1. (a) Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 81 of subtitle II of title 49, United States Code, "Transportation". Those laws may be cited as "49 U.S.C. § ". (b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II: SECTION

TITLE 49—TRANSPORTATION SUBTITLE

I. II. III. IV. V.

Sec

DEPARTMENT OF TRANSPORTATION TRANSPORTATION PROGRAMS [RESERVED—AIR TRANSPORTATION] INTERSTATE COMMERCE [RESERVED—MISCELLANEOUS]

101 3101 10101

SUBTITLE I—DEPARTMENT OF TRANSPORTATION CHAPTER

1. ORGANIZATION 3. GENERAL DUTIES AND POWERS 5. SPECIAL AUTHORITY

CHAPTER 1—ORGANIZATION Sec.

101. 102. 103. 104. 105. 106. 107. 108. 109. 110.

Purpose. Department of Transportation. Federal Railroad Administration. Federal Highway Administration. National Highway TrafRc Safety Administration. Federal Aviation Administration. Urban Mass Transportation Administration. Coast Guard. Maritime Administration. St. Lawrence Seaway Development Corporation.

Sec.

101 301 501

Transportation and Motor Carrier Safety. Enactment as Subtitle I and chapter 31 of Subtitle II of title 49, United States Code. 49 USC note prec. 101.

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PUBLIC LAW 97-449—JAN. 12, 1983

49 USC 101.

§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; (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.

49 USC 102.

§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 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. (e) The Department shall have a seal that shall be judicially recognized.

Department ^^^49 USC 103.

§ 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

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96 STAT. 2415

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 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A)); and (2) additional duties and powers prescribed by the Secretary. (d) A duty or power specified by subsection (c)(l) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final. § 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 Admininstrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation. (2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator. (c) The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety programs, research, and development related to highway design, construction and maintenance, traffie control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; (2) duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 31 of this title; and (3) additional duties and powers prescribed by the Secretary, (d) A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final. § 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

5 USC 90i ef se^. 49 USC 104.

23 USC 401 et
 * ^9

^os^ pp. 2430, ^

49 USC 105.

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 96 STAT. 2416

PUBLIC LAW 97-449—JAN. 12, 1983

appointed by the Secretary of Transportation, with the approval of the President. (c) The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of 23 USC 401 et title 23, except those related to highway design, construction ««9and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. (d) The Secretary may carry out the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) through the Administrator. (e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways. 49 USC 106.

§ 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. The Administrator reports directly to the Secretary of Transportation. (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.

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96 STAT. 2417

(f) The Secretary shall carry out the duties and powers, and controls the personnel and activities, of the Administration. The Secretary may not submit decisions for the approval of, nor be bound by the decisions or recommendations of, a committee, board, or organization established by executive order. (g) The Administrator shall carry out— (1) duties and powers of the Secretary related to aviation safety (except those related to transportation, packaging, marking, or description of hazardous materials) and vested in the Secretary by section 308(b) of this title and sections 306-309, 312-314, 1101, 1105, and 1111 and titles VI, VII, IX, and XII of the Federal Aviation Act of 1958 (49 U.S.C. 1347-1350, 13531355, 1421 et seq., 1441 et seq., 1471 et seq., 1501, 1505, 1511, and 1521 et seq.); and (2) additional duties and powers prescribed by the Secretary, (h) Section 103 of the Federal Aviation Act of 1958 (49 U.S.C. 1303) applies to duties and powers specified in subsection (g)(1) of this section. Any of those duties and powers may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers is administratively final. (i) The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. The Deputy Administrator acts for the Administrator when the Administrator is absent or unable to serve, or when the office of the Administrator is vacant. § 107. Urban Mass Transportation Administration (a) The Urban Mass Transportation 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. § 108. Coast Guard (a) Except when operating as a service in the Navy, 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. (b) The Commandant is the Chief of the Coast Guard. In addition to carrsdng 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. § 109. Maritime Administration (a) The Maritime Administration transferred by section 2 of the Maritime Act of 1981 (46 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 U.S.C. 1603) reports directly to the Secretary of Transportation.

5 USC 901 et seq.

49 USC 107.

49 USC 108.

49 USC 109.

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 96 STAT. 2418 49 USC 110.

PUBLIC LAW 97-449—JAN. 12, 1983

§ 110. Saint Lawrence Seaway Development Corporation (a) The St. Lawrence Seaway Development Corporation established under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is subject to the direction and supervision of the Secretary of Transportation. (b) The Administrator of the Corporation appointed under section 2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the Secretary. CHAPTER 3—GENERAL DUTIES AND POWERS SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION Sec. 301. 302. 303. 304. 305. 306. 307. 308. 321. 322. 323. 324. 325. 326. 327. 328. 329. 330. 331. 332. 333. 334. 335.

Leadership, consultation, and cooperation. Policy standards for transportation. Policy on lands, wildlife and waterfowl refuges, and historic sites. Joint activities with the Secretary of Housing and Urban Development. Transportation investment standards and criteria. Prohibited discrimination. Safety information and intervention in Interstate Commerce Commission proceedings. Annual reports. SUBCHAPTER II—ADMINISTRATIVE Definitions. General powers. Personnel. Members of the armed forces. Advisory committees. Gifts. Administrative working capital fund. Transportation Systems Center working capital fund. Transportation information. Research contracts. Service, supplies, and facilities at remote places. Minority R^urce Center. Responsibility for rail transportation unification and coordination projects. Limit on aviation charges. Authorization of appropriations.

SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION 49 USC 301.

§ 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 r ^ o n a l emergencies; (2) provide leadership in the development of transportation policies and programs, and make recommendations to the President and Congress for their consideration sind implementation; (3) promote and undertake the development, collection, and dissemination of technological, statistical, economic, and other information relevant to domestic and international transportation; (4) 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;

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 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2419

(5) promote and undertake research and development related to transportation, including noise abatement, with particular attention to aircraft noise; (6) 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; and (7) consult and cooperate with State and local governments, carriers, labor, and other interested persons, including, when appropriate, holding informal public hearings. § 302. Policy standards for transportation 49 USC 302. (a) The Secretary of Transportation is governed by the transportation policy of sections 10101 and 10101a of this title in addition to other laws. (b) Subtitle I and chapter 31 of subtitle II of this title and the Ante, p. 2413; Department of Transportation Act (49 U.S.C. 1651 et seq.) do not ^*^' P ^437. 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. § 303. Policy on lands, wildlife and waterfowl refuges, and his- 49 USC 303. toric 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 requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national. State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if— (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. § 304. Joint activities with the Secretary of Housing and Urban 49 USC 304. Development (a) The Secretary of Transportation and the Secretary of Housing and Urban Development shall—

97-200 O—84—pt. 2

34: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1058

 96 STAT. 2420

Report to President. 49 USC 305.

PUBLIC LAW 97-449—JAN. 12, 1983

(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. § 305. Transportation investment standards and criteria (a) Subject to sections 301-304 of this title, the Secretary of Transportation shall develop standards and criteria to formulate and economically evaluate all proposals for investing amounts of the United States Government in transportation facilities and equipment. Based on experience, the Secretary shall revise the standards and criteria. When approved by Congress, the Secretary shall prescribe standards and criteria developed or revised under this subsection. This subsection does not apply to— (1) the acquisition of transportation facilities or equipment by a department, agency, or instrumentality of the Government to provide transportation for its use; (2) an inter-oceanic canal located outside the 48 contiguous States; (3) defense features included at the direction of the Department of Defense in designing and constructing civil air, sea, or land transportation; (4) foreign assistance programs; (5) water resources projects; or (6) grant-in-aid programs authorized by law. (b) A department, agency, or instrumentality of the Government preparing a survey, plan, or report that includes a proposal about which the Secretcuy 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

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1059

 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2421

(3) send the survey, plan, or report to the President for disposition under law and procedure established by the President. §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 of this title, section 211 or 216 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et seq.), or section 4(i) or 5 of the Department of Transportation Act (49 U.S.C. 1653(i), 1654). (c) When the Secretary of Transportation decides that a person receiving financial assistance under a law referred to in subsection (b) of this section has not complied with that subsection, a Federal civil rights law, or an order or regulation issued under a Federal civil rights law, the Secretary shall notify the person of the decision and require the person to take necessary action to ensure compliance with that subsection. (d) If a person does not comply with subsection (b) of this section within a reasonable time after receiving a notice under subsection (c) of this section, the Secretary shall take at least one of the following actions: (1) direct that no more Federal financial assistance be provided the person. (2) refer the matter to the Attorney General with a recommendation that a civil action be brought against the person. (3) carry out the duties and powers provided by title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). (4) take other action provided by law. (e) When a matter is referred to the Attorney General under subsection (d)(2) of this section, or when the Attorney General has reason to believe that a person is engaged in a pattern or practice violating this section, the Attorney General may begin a civil action in a district court of the United States for appropriate relief.

49 USC 306

§ 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—

49 USC 307.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1060

 96 STAT. 2422

PUBLIC LAW 97-449—JAN. 12, 1983 (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.

49 USC 308.

§308. Annual 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. The report shall include a complete statement on the effectiveness of the United States Railway Association and the Consolidated Rail Corporation in carrying out the purposes of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.). (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. SUBCHAPTER II—ADMINISTRATIVE

49 USC 321.

49 USC 322.

§321. Definitions In this subchapter, "aeronautics", "air commerce", and "air navigation facility" have the same meanings given those terms in section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(2), (4), (8)), respectively. § 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

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1061

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96 STAT. 2423

of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title may not be delegated to an officer or employee outside the Administration concerned. (c) On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers— (1) use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent; (2) cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and (3) confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies. (d) The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for— (1) rent and personal services; (2) travel expenses; (3) office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges; (4) printing and binding; (5) membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics; (6) payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade; (7) investigations and studies about aeronautics; and (8) acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property. (e) The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that— (1) making the property would require a substantial initial investment or an extended period of preparation; and (2) procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property. § 323. Personnel 49 USC 323 (a) The Secretary of Transportation may appoint and fix the pay of officers and employees of the Department of Transportation and may prescribe their duties and powers. (b) The Secretary may procure services under section 3109 of title 5. However, an individual may be paid not more than $100 a day for services. §324. Members of the armed forces 49 USC 324. (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

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1062

 96 STAT. 2424

Report to congressional committees.

49 USC 325.

5 USC 5703.

49 USC 326.

PUBLIC LAW 97-449—JAN. 12, 1983

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. § 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 section 5703 of title 5. This subsection does not apply to individuals regularly employed by the United States Government. (c) A member of an advisory committee advising the Secretary in carrying out aviation duties and powers may serve for not more than 100 days in a calendar year. §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.

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(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 investment. 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 1954 (26 U.S.C. 1 et seq.). §327. Administrative working capital fund 49 USC 327. (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. § 328. Transportation Systems Center working capital fund 49 USC 328. (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

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Page:United States Statutes at Large Volume 96 Part 2.djvu/1064

 96 STAT. 2426

PUBLIC LAW 97-449—JAN. 12, 1983

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. 49 USC 329.

§ 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 title VII of the Federal Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aeronautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)); (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;

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 PUBLIC LAW 97-449—JAN. 12, 1983

96 STAT. 2427

(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 the Federal Aviation Act of 1958 (49 U.S.C. 1301 et seq.), 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 Act. § 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.

49 USC 330.

§ 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.

49 USC 331.

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 96 STAT. 2428

PUBLIC LAW 97-449—JAN. 12, 1983

(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. Service charges. (b) The Secretary shall prescribe reasonable charges for services, supplies, and facilities provided under subsection (a)(1), (2), and (3) of this section. Amounts received under this subsection shall he 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. § 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,

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improvement, and revitalization projects) the Center requests in carrying out this section. § 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 section 11910(a)(l) of this title. When appropriate, the designated officer or employee has the powers described in section 203(c) of the Regional Rail Reorganization Act of 1973 to carry out this section, but a subpena must be issued under the signature of the Secretary. (d)(1) When requested by a rail carrier, the Secretary may hold conferences on and mediate disputes resulting from a proposed unification or coordination project. The Secretary may invite to a conference— (A) officers and directors of an affected rail carrier; (B) representatives of rail carrier employees who may be affected; (C) representatives of the Interstate Commerce Commission; (D) State and local government officials, shippers, and consumer representatives; and (E) representatives of the Federal Trade Commission and the Attorney General. (2) A person attending or represented at a conference on a proposed unification or coordination project is not liable under the

49 USC 333.

Study.

49 USC 11910. 45 USC 713. Conferences}.

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Page:Philosophical Transactions - Volume 002.djvu/51

 1. I took a Calf and a Sheep, both of the larger sort, and having prepared a Jugular Vein in each, I planted my Pipes and Quills, as usual, both in the Jugular Vein of the Calf (designed to be the Emittent) and in that of the Sheep (intended for the Recipient.) Then I took out of the Sheep 49 ounces (Haver de pois weight) of blood, before any other blood was let in; about which time, the company concluding the Sheep to be very faint, and finding the blood to run very slowly, I stopp'd the Vein of the Sheep, and unstopp'd the Pipe in the Calf, letting run out 10 ounces into a Porringer, which was done in about 40 seconds of a Minute. Then I convey'd Pipes from the Emittent Calves Vein, into the Recipient Sheeps Vein, and there ran a good free stream of blood for the space of 5 minutes (though perhaps lesse swift than the first 10 ounces.) And not to be deceived in the running, I did often strike with my finger the upper part of the emitting Vein, and thereby easily felt every stroke answered on the Recipient Vein, just like a Pulse, And now supposing that by this time (viz. the lapse of 5 minutes) the Sheep had received as much, if not more blood, than it had lost, we stopp'd the current of blood from the Calf, and closed also the Vein of the Sheep; and then having untied her, and set her down in the room, she went about and appeared to have as much strength, as she had before the loss of her own blood. Then resolving to bleed the Sheep to death, we bound her the second time, and open'd the emittent part of the Vein again; whereupon having bled about 60 ounces, she fell into Convulsions; and after the loss of about 5 ounces more, she died upon the place: and being dress'd by the Butcher, there did not, in all the usual places, appear above 3 ounces of blood; and the whole Sheep look'd of a lovely white; and the meat of it (to the taste of those, that eat of it) was very sweet.

The Sheep being dead, we resolv'd likewise to see the Calf bleed to death; but he having bled 10 ounces, and then for the space of 5 minutes more into the Sheep, and rested a good while, the blood by that time began to coagulate in the Vein; which made me open the Carotid Artery, letting thence run out about 25 ounces of blood, of a very lovely and vivid colour, vastly celling


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Page:United States Statutes at Large Volume 96 Part 2.djvu/1068

 96 STAT. 2430

49 USC 11343. 49 USC 11344. 49 USC 334.

49 USC 335.

PUBLIC LAW 97-449—JAN. 12, 1983

antitrust laws of the United States for any discussion at the conference and for any agreements reached at the conference, that are entered into with the approval of the Secretary to achieve or determine a plan of action to carry out the unification or coordination project. (e) When the approval of a proposal submitted by a rail carrier for a merger or other action is subject to the jurisdiction of the Interstate Commerce Commission under section 11343(a) of this title, the Secretary may study the proposal to decide whether it satisfies section 11344(b) of this title. When the proposal is the subject of an application and proceeding before the Commission, the Secretary may appear in any proceeding related to the application. §334. Limit on aviation charges The Secretary of Transportation may impose a charge for an approval, test, authorization, certificate, permit, registration, transfer, or rating related to aviation that has not been approved by Congress only when the charge (1) was in effect on January 1, 1973, and (2) is not more than the charge that was in effect on that date. However, this section does not apply to a charge for a test, authorization, certificate, permit, or rating related to an airman or repair station administered or issued outside of the United States, as defined in section 101(41) of the Federal Aviation Act of 1958 (49 U.S.C. 1301(41)). § 335. Authorization of appropriations (a) The following amounts may be appropriated to the Secretary of Transportation: (1) for necessary expenses of the Office of the Secretary (including not more than $27,000 for allocation within the Department of Transportation of official reception and representation expenses as determined by the Secretary) not more than $35,193,204 for each of the fiscal years ending September 30, 1983, and September 30, 1984. (2) for necessary expenses of carrying out transportation planning, research, and development activities, including collecting national transportation statistics, $10,486,615 for each of the fiscal years ending September 30, 1983, and September 30, 1984. (3) for necessary expenses of the Minority Business Resource Center not otherwise provided for, not more than $10,000,000 for each of the fiscal years ending September 30, 1983, and September 30, 1984, to remain available until expended. (4) for necessary expenses of carrying out the duties and powers of the Research and Special Programs Administration, not more than $32,300,000 for the fiscal year ending September 30, 1983, and $33,300,000 for the fiscal year ending September 30, 1984. (b) The Secretary may use only amounts appropriated for the Office of the Secretary that are authorized for that Office by subsection (a) of this section. CHAPTER 5—SPECIAL AUTHORITY SUBCHAPTER I—DUTIES AND POWERS Sec. 501. Definitions and application. 502. General authority.

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96 STAT. 2431

503. Service of notice and process on certain motor carriers of migrant workers and on motor private carriers. 504. Reports and records. 505. Arrangements and public records. 506. Authority to investigate. 507. Enforcement. SUBCHAPTER II—PENALTIES 521. Civil penalties. 522. Reporting and record keeping violations. 523. Unlawful disclosure of information. 524. Evasion of regulation of motor carriers. 525. Disobedience to subpenas. 526. General criminal penalty when specific penalty not provided.

SUBCHAPTER I—DUTIES AND POWERS § 501. Definitions and application 49 USC 50i. (a) In this chapter— (1) the definitions in section 10102 of this title apply. 49 USC 10102. (2) "migrant worker" has the same meaning given that term in section 3101 of this title. Post, p. 2438. (3) "motor carrier of migrant workers" means a motor carrier of migrant workers subject to the jurisdiction of the Secretary of Transportation under section 3102(c) of this title. Post, p. 2438. (b) This chapter only applies in carrying out— (1) chapter 31 of this title; and Post, p. 2437. (2) other duties and powers transferred to the Secretary under section 6(e) of the Department of Transportation Act (49 U.S.C. 1655(e)) and vested in the Interstate Commerce Commission before October 15, 1966. § 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 hearing^ with State authorities; (2) cooperate with ana 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

49 USC 502.

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Notice.

49 USC 503.

PUBLIC LAW 97-449—JAN. 12, 1983

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, 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. § 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

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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. §504. Reports and records (a) In t h i s 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 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.

49 USC 504. Definitions.

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(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. 49 USC 505.

§ 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 section 504(0 of this title, in a judicial proceeding.

49 USC 506.

§ 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

Notice. Complaint.

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may have the reports published for public use. A published report of the Secretary is competent evidence of its contents. § 507. Enforcement 49 USC 507 (a) The Secretary of Transportation may bring a civil action to Civil action. 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) 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. (d) 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. SUBCHAPTER II—PENALTIES § 521. Civil penalties 49 USC 521 (a)(1) A person required under section 504 of this title to make, prepare, preserve, or submit to the Secretary of Transportation a record about rail carrier transportation, that does not make, prepare, preserve, or submit that record as required under that section, is liable to the United States Government for a civil penalty of $500 for each violation. (2) A rail carrier, and a lessor, receiver, or trustee of that carrier, violating section 504(c)(l) of this title, is liable to the Government for a civil penalty of $100 for each violation. (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.

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49 USC 10101.

PUBLIC LAW 97-449—JAN. 12, 1983

(b)(1) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under this chapter about transportation by motor carrier, or an officer, agent, or employee of that person, that (A) does not make the report, (B) does not specifically, completely, and truthfully answer the question, or (C) does not make, prepare, or preserve the record in the form and manner prescribed by the Secretary, is liable to the Government for a civil penalty of not more than $500 for each violation and for not more than $250 for each additional day the violation continues. (2) Tried in a civil action under this subsection is in the judicial district in which (A) the motor carrier has its principal office, (B) the motor carrier was authorized to provide transportation under subtitle IV of this title when the violation occurred, (C) the violation occurred, or (D) the offender is found. Process in the action may be served in the judicial district of which the offender is an inhabitant or in which the offender may be found.

49 USC 522.

§ 522. Reporting and record keeping violations (a) A person required to make a report to the Secretary of Transportation, or make, prepare, or preserve a record, under section 504 of this title about transportation by rail carrier, that knowingly and willfully (1) makes a false entry in the report or record, (2) destroys, mutilates, changes, or by another means falsifies the record, (3) does not enter business related facts and transactions in the record, (4) makes, prepares, or preserves the record in violation of a regulation or order of the Secretary, or (5) files a false report or record with the Secretary, shall be fined not more than $5,000, imprisoned for not more than 2 years, or both. (b) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under section 504 of this title about transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, or an officer, agent, or employee of that person, that (1) willfully does not make that report, (2) willfully does not specifically, completely, and truthfully answer that question in 30 days from the date the Secretary requires the question to be answered, (3) willfully does not make, prepare, or preserve that record in the form and manner prescribed by the Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, or changes that report or record, (5) knowingly and willfully files a false report or record with the Secretary, (6) knowingly and willfully makes a false or incomplete entry in that record about a business related fact or transaction, or (7) knowingly and willfully meikes, prepares, or preserves a record in violation of a regulation or order of the Secretary, shall be fined not more than $5,000.

49 USC 523.

§ 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.

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(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 section 504 of this title who knowingly discloses information acquired during that inspection, except as directed by the Secretary, a court, or a judge of that court, shall be fined not more than $500, imprisoned for not more than 6 months, or both. § 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.

49 USC 524.

§ 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. § 526. General criminal penalty when speciflc penalty not provided When another criminal penalty is not provided under this chapter, a person that knowingly and willfully violates a provision of this chapter, or a regulation or order of the Secretary of Transportation under this chapter, related to transportation by motor carrier, motor carrier of migrant workers, or motor private carrier, shall be fined at least $100 but not more than $500 for the first violation and at least $200 but not more than $500 for a subsequent violation. A separate violation occurs each day the violation continues.

49 USC 525.

SUBTITLE II—TRANSPORTATION PROGRAMS PART A~[RESERVED—REGIONAL RAIL REORGANIZATION] PART B—[RESERVED—OTHER RAIL PROGRAMS] PART C—MOTOR VEHICLES CHAPTER 81. MOTOR CARRIER SAFETY

Sec. 3101

49 USC 526.

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PUBLIC LAW 97-449—JAN. 12, 1983 PART EMRESERVED—AVIATION] PART E—[RESERVED—AVIATION FACILITIES AND NOISE ABATEMENT] PART F-[RESERVED—MISCELLANEOUS]

[PARTS A AND B—RESERVED] PART C—MOTOR VEHICLES CHAPTER 31—MOTOR CARRIER SAFETY Sec. 3101. Definitions. 3102. Requirements for qualifications, hours of service, safety, and equipment standards. 3103. Research, investigation, and testing. 3104. Identification of motor vehicles.

49 USC 3101

49 USC 10102. 49 USC 10521.

49 USC 3102. 49 USC 10521, 10522.

§ 3101. Definitions In this chapter— (1) "migrant worker" means an individual going to or from emplo3ment in agriculture as defined in section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) or section 203(0 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)). (2) "motor carrier", "motor common carrier", "motor private carrier", "motor vehicle", and "United States" have the same meanings given those terms in section 10102 of this title. (3) "motor carrier of migrant workers" means a person (except a motor common carrier) providing transportation referred to in section 10521(a) of this title by a motor vehicle (except a pgissenger automobile or station wagon) for at least 3 migrant workers at a time to or from their employment, but the term does not include a migrant worker providing trsinsportation for migrant workers and their immediate families. § 3102. Requirements for qualiflcations, hours of service, safety, and equipment standards (a) This section applies to transportation— (1) described in sections 10521 and 10522 of this title; and (2) to the extent the transportation is in the United States and is between places in a foreign country, or between a place in a foreign country and a place in another foreign country. (b) The Secretary of Transportation may prescribe requirements for— (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier; and (2) qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation. (c) The Secretary may prescribe requirements for the comfort of passengers, qualifications and maximum hours of service of operators, and safety of operation and equipment of a motor carrier of migrant workers. The requirements only apply to a carrier transporting a migrant worker—

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(1) at least 75 miles; and (2) across the boundary of a State, territory, or possession of the United States. § 3103. Research, investigation, and testing 49 USC 3103 (a) The Secretary of Transportation may investigate and report on the need for Federal regulation of sizes, weight, and combinations of motor vehicles and qualifications and maximum hours of service of employees of a motor carrier subject to subchapter II of chapter 105 of this title and a motor private carrier. The Secretary shall use the services of each department, agency, or instrumentality of the United States Government and each organization of motor carriers having special knowledge of a matter being investigated. (b) In carrying out this chapter, the Secretary may use the services of a department, agency, or instrumentality of the Government having special knowledge about safety, to conduct scientific and technical research, investigation, and testing when necessary to promote safety of operation and equipment of motor vehicles. The Secretary may reimburse the department, agency, or instrumentality for the services provided. § 3104. Identification of motor vehicles 49 USC 3104. (a) The Secretary of Transportation may— (1) issue and require the display of an identification plate on a motor vehicle used in transportation provided by a motor private carrier and a motor carrier of migrant workers subject to section 3102(c) of this title (except a motor contract carrier); and (2) require each of those motor private carriers and motor carriers of migrant workers to pay the reasonable cost of the plate. (b) A motor private carrier or a motor carrier of migrant workers may use an identification plate only as authorized by the Secretary.

[PARTS D-F—RESERVED] TRANSFER OF FUNCTIONS

SEC. 2. (a) The Federal-Aid Highway Act of 1966 (Public Law 89-574, 80 Stat. 766), the Federal-Aid Highway Act of 1962 (Public Law 87-866, 76 Stat. 1145), the Federal-Aid Highway Act of 1954 (ch. 181, 68 Stat. 70), the Act of September 26, 1961 (Public Law 87-307, 75 Stat. 670), the Highway Revenue Act of 1956 (ch. 462, 70 Stat. 387), the Highway Beautification Act of 1965 (Public Law 89285, 79 Stat. 1028), the Alaska Omnibus Act (Public Law 86-70, 73 Stat. 141), the Joint Resolution of August 28, 1965 (Public Law 89139, 79 Stat. 578), the Act of April 27, 1962 (Public Law 87-441, 76 Stat. 59), and the Highway Safety Act of 1966 (Public Law 89-564, 80 Stat. 731) are amended by striking out the words "Secretary of Commerce" wherever they appear and substituting "Secretary of Transportation". (b) Reorganization Plan No. 7 of 1949 (5 App. U.S.C.) is amended by striking out the words "Department of Commerce" and "Secretary of Commerce" and substituting "Department of Transportation" and "Secretary of Transportation", respectively. (c) The Act of March 19, 1918 (15 U.S.C. 261-264), the Act of March 4, 1921 (15 U.S.C. 265), and the Uniform Time Act of 1966 (15 U.S.C. 260, 260a, 261-263, 266, 267) are amended by striking out the

23 USC loi note, ^^^ note, 108 93 USC 307 note 23 USC 120 note, ifTr^r^iQi f. {35 note 48 USC note prec. 21. 23 USC 101 note. 23 USC 402 note.

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