US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 49USC322]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 322. General powers

    (a) The Secretary of Transportation may prescribe regulations to 
carry out the duties and powers of the Secretary. An officer of the 
Department of Transportation may prescribe regulations to carry out the 
duties and powers of the officer.
    (b) The Secretary may delegate, and authorize successive delegations 
of, duties and powers of the Secretary to an officer or employee of the 
Department. An officer of the Department may delegate, and authorize 
successive delegations of, duties and powers of the officer to another 
officer or employee of the Department. However, the duties and powers 
specified in 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.

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

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
322(a)................................  49:1657(e)(1) (last 19 words),   Oct. 15, 1966, Pub. L. 89-670, Sec.
                                         (2) (last 19 words), (f), (g).   9(e)-(g), 80 Stat. 944.
322(b)................................  49:1344(d) (less words after      Aug. 23, 1958, Pub. L. 85-726, Secs.
                                         semicolon).                      302(k), 303(a), (d) (less words after
                                                                          semicolon), 80 Stat. 747, 749.
                                        49:1657(e)(1) (less last 19
                                         words), (2) (less last 19
                                         words), (3).
                                        5 App. U.S.C.                    Reorg. Plan No. 2 of 1968, eff. July 1,
                                                                          1968, Sec.  2, 82 Stat. 1369.
322(c)................................  49:1343(i).
322(d)................................  49:1344(a).
322(e)................................  49:1344(e).                      Aug. 23, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, Sec.  303(e); added May 21, 1970,
                                                                          Pub. L. 91-258, Sec.  51(a)(1), 84
                                                                          Stat. 234; July 12, 1976, Pub. L. 94-
                                                                          353, Sec.  16, 90 Stat. 882; Oct. 19,
                                                                          1980, Pub. L. 96-470, Sec.  112(e), 94
                                                                          Stat. 2240.
----------------------------------------------------------------------------------------------------------------

    In the chapter, the words ``Secretary of Transportation'' and 
``Secretary'' are substituted for ``Administrator'' in the provisions of 
the Federal Aviation Act of 1958 (Pub. L. 85-726, 72 Stat. 731) restated 
in the revised chapter because of the transfer of aviation functions to 
the Secretary under 49:1655(c)(1).
    In subsection (a), the words ``may prescribe regulations to carry 
out the duties and powers'' are substituted for ``may make such rules 
and regulations as may be necessary to carry out . . . functions, 
powers, and duties'' for consistency and to eliminate unnecessary words. 
The text of 49:1657(f) and (g) is omitted as executed because the 
transfer of personnel, assets, and liabilities, etc., has been 
accomplished.
    In subsection (b), the words ``Except where this chapter vests in 
any administration, agency or board, specific functions, powers, and 
duties'' before ``the Secretary may'' in 49:1657(e)(1) are omitted 
because of the specific wording of sections 103, 104, and 106 of the 
revised title. The words ``in addition to the authority to delegate and 
redelegate contained in any other Act in the exercise of the functions 
transferred to or vested in the Secretary in this chapter'' before 
``delegate'' in 49:1657(e)(1) are omitted because the authority of the 
Secretary to delegate is consolidated in the subsection. The words ``the 
duties and powers of the Secretary'' are substituted for ``any of his 
residual functions, powers, and duties'' in 49:1657(e)(1) and ``any of 
the functions transferred to him by this reorganization plan'' in 
section 2 of Reorganization Plan No. 2 of 1968 (eff. July 1, 1968, 82 
Stat. 1369), for clarity and consistency. The words ``as he may 
designate'' and ``of such functions, powers, and duties as he may deem 
desirable'' are omitted as surplus each place they appear in 
49:1657(e)(1) and (2). The text of section 322(b) (1st sentence) of the 
revised title is substituted for 49:1344(d) (less words after semicolon) 
for clarity and because of the transfer of aviation functions to the 
Secretary of Transportation under 49:1655(c)(1). The text of 
49:1657(e)(2) (words before 2d comma) is omitted as unnecessary because 
the authority of an officer to delegate is consolidated in the 
subsection. The words ``the duties and powers of the officer'' are 
substituted for ``such functions, powers, and duties'' in 49:1657(e)(2) 
for clarity and consistency. The words ``the duties and powers specified 
in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title'' are 
substituted for ``any of the statutory duties and responsibilities 
specifically assigned to them by this chapter'' in 49:1657(e)(3) for 
clarity. The words ``may not be delegated to an officer or employee 
outside the Administration concerned'' are substituted for ``The 
Administrators established by section 1652(e) of this title . . . may 
not delegate . . . outside of their respective administrations'' in 
49:1657(e)(3) for clarity and because of the restatement of the section.
    In subsection (c), before clause (1), the words ``aviation duties 
and powers'' are added because the source provisions being restated only 
applies to carrying out duties and powers related to the Federal 
Aviation Administration. In clause (2), the words ``those departments, 
agencies, and instrumentalities'' are substituted for ``such other 
agencies and instrumentalities'' in 49:1343(i) for clarity and 
consistency. The words ``aviation . . . Department'' are substituted for 
``Administration'' in 49:1343(i) because of the transfer of aviation 
functions to the Secretary under 49:1655(c)(1).
    In subsection (d), before clause (1), the words ``aviation duties 
and powers'' are substituted for ``for the exercise and performance of 
the powers and duties vested in and imposed upon him by law'' in 
49:1344(a) because the source provisions being restated only applies to 
carrying out duties and powers related to the Federal Aviation 
Administration. The words ``at the seat of government and elsewhere as 
may be necessary'' after ``expenditures'' and ``and as from time to time 
may be appropriated for by Congress'' are omitted as surplus. In clause 
(8), the words ``passenger-carrying aircraft and automobiles'' are 
substituted for ``passenger-carrying automobiles and aircraft'' in 
49:1344(a) for clarity. The words ``such . . . as is necessary in the 
exercise and performance of the powers and duties of the Secretary'' 
after ``aircraft'' in 49:1344(a) are omitted as unnecessary because of 
the restatement of the section. The text of 49:1344(a) (proviso) is 
omitted as unnecessary.
    In subsection (e), before clause (1), the words ``or in support of'' 
are omitted as surplus. In clause (1), the words ``making the property'' 
are substituted for ``for manufacture'' for clarity. In clause (2), the 
word ``formal'' is omitted as unnecessary. The word ``unreasonably'' is 
substituted for ``unduly'' for consistency.


    Availability of Receipts From Fitness Centers For Operation and 
                        Maintenance of Facilities

    Pub. L. 106-69, title III, Sec. 329, Oct. 9, 1999, 113 Stat. 1021, 
provided that: ``Hereafter, notwithstanding any other provision of law, 
receipts, in amounts determined by the Secretary, collected from users 
of fitness centers operated by or for the Department of Transportation 
shall be available to support the operation and maintenance of those 
facilities.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 105-277, div. A, Sec. 101(g) [title III, Sec. 332], Oct. 21, 
1998, 112 Stat. 2681-439, 2681-471.
    Pub. L. 105-66, title III, Sec. 332, Oct. 27, 1997, 111 Stat. 1447.
    Pub. L. 104-205, title III, Sec. 344, Sept. 30, 1996, 110 Stat. 
2976.

                        Executive Order No. 11382

    Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247, as amended by Ex. 
Ord. No. 11428, Sept. 5, 1968, 32 F.R. 12719, upon establishment of 
Department of Transportation amended and revoked certain executive 
orders relating to transportation, and, in addition to any other 
authority, authorized Secretary of Transportation and Federal Aviation 
Administrator to redelegate and authorize successive redelegations of 
any authority conferred in the order or the orders amended by it.