US Laws, Codes, Statutes & Cases

From the U.S. Code Online via GPO Access
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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: 49USC40107]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                           subpart i--general
 
                     CHAPTER 401--GENERAL PROVISIONS
 
Sec. 40107. Presidential transfers

    (a) General Authority.--The President may transfer to the 
Administrator of the Federal Aviation Administration a duty, power, 
activity, or facility of a department, agency, or instrumentality of the 
executive branch of the United States Government, or an officer or unit 
of a department, agency, or instrumentality of the executive branch, 
related primarily to selecting, developing, testing, evaluating, 
establishing, operating, or maintaining a system, procedure, facility, 
or device for safe and efficient air navigation and air traffic control. 
In making a transfer, the President may transfer records and property 
and make officers and employees from the department, agency, 
instrumentality, or unit available to the Administrator.
    (b) During War.--If war occurs, the President by executive order may 
transfer to the Secretary of Defense a duty, power, activity, or 
facility of the Administrator. In making the transfer, the President may 
transfer records, property, officers, and employees of the 
Administration to the Department of Defense.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1104.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
           Revised  Section                    Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
40107(a)..............................  49 App.:1345.                    Aug. 23, 1958, Pub. L. 85-726, Secs.
                                                                          302(e), 304, 72 Stat. 746, 749.
                                        49 App.:1655(c)(1).              Oct. 15, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
40107(b)..............................  49 App.:1343(c).
                                        49 App.:1655(c)(1).
----------------------------------------------------------------------------------------------------------------

    In this section, the words ``functions (including . . . parts of 
functions)'' are omitted as included in ``duty, power, activity, or 
facility''.
    In subsection (a), the words ``of a department, agency, or 
instrumentality of the executive branch of the United States 
Government'' are substituted for ``the executive departments or agencies 
of the Government'' for consistency in the revised title and with other 
titles of the United States Code. The word ``unit'' is substituted for 
``organizational entity'' for clarity. The words ``appropriate'' and 
``civilian and military'' are omitted as surplus. The words ``officers 
and employees'' are substituted for ``personnel'' for consistency in the 
revised title and with other titles of the Code. The words ``to the 
Administrator'' are added for clarity.
    In subsection (b), the text of 49 App.:1343(c) (words before 
proviso) is omitted as obsolete. The words ``Secretary of Defense'' are 
substituted for ``Department of Defense'' because of 10:133(a). The 
words ``prior to enactment of such proposed legislation'' are omitted as 
obsolete because the legislation was not enacted. The word 
``appropriate'' is omitted as surplus. The words ``of the Administration 
to the Department of Defense'' are added for clarity.

 Ex. Ord. No. 10786. Transfer of Functions of the Airways Modernization 
                       Board to the Administrator

    Ex. Ord. No. 10786, Nov. 1, 1958, 23 F.R. 8573, provided:
    Section 1. All functions (including powers, duties, activities, and 
parts of functions) of the Airways Modernization Board, including those 
of the Chairman thereof, are hereby transferred to the Administrator of 
the Federal Aviation Agency; and all records, property, facilities, 
employees, and unexpended balances of appropriations, allocations, and 
other funds of the Airways Modernization Board, are hereby transferred 
to the Federal Aviation Agency [now Federal Aviation Administration].
    Sec. 2. Such further measures and dispositions, if any, as the 
Director of the Bureau of the Budget [now the Office of Management and 
Budget] shall determine to be necessary in connection with the transfers 
provided for hereinabove in respect of records, property, facilities, 
employees, and balances shall be carried out in such manner as he shall 
direct and by such agencies as he shall designate.
    Sec. 3. The provisions of this order shall become effective 
concurrently with the entering upon office as Administrator of the 
Federal Aviation Agency [now Federal Aviation Administration] of the 
first person appointed as Administrator. The functions transferred by 
section 1 hereof may be performed by the Administrator until the 
effective date of the repeal [Aug. 23, 1958] of the Airways 
Modernization Act of 1957 [former 49 U.S.C. 1211 et seq.] effected by 
section 1401(d) of the Federal Aviation Act of 1958 [Pub. L. 85-726].
                                                   Dwight D. Eisenhower.

   Ex. Ord. No. 10797. Delegation of authority to the Director of the 
                     Office of Management and Budget

    Ex. Ord. No. 10797, Dec. 24, 1958, 23 F.R. 10391, provided:
    Section 1. There is hereby delegated to the Director of the Bureau 
of the Budget [now the Office of Management and Budget] all authority 
vested in the President by the last sentence of section 304 [see 49 
U.S.C. 40107(a)], and by sections 1502(a) and 1502(b), of the Federal 
Aviation Act of 1958 (72 Stat. 749, 810) [Pub. L. 85-726, former 49 
U.S.C. 1341 note], relating, respectively, (1) to providing in 
connection with transfers of functions made under other provisions of 
section 304, (i) for appropriate transfers of records and property, and 
(ii) for necessary civilian and military personnel to be made available 
from any office, department, or other agency from which transfers of 
functions are so made; (2) to determining the employees and property 
(including office equipment and official equipment and official records) 
employed by the Civil Aeronautics Board in the exercise and performance 
of those powers and duties which are vested in and imposed upon it by 
the Civil Aeronautics Act of 1938, as amended [former 49 U.S.C. 401 et 
seq.], and which are vested by the Federal Aviation Act of 1958 [see 49 
U.S.C. 40101 et seq.] in the Federal Aviation Agency, and to specifying 
the date or dates upon which the transfers of officers, employees, and 
property (including office equipment and official records) under section 
1502(a) shall occur; and (3) specifying the date or dates upon which 
transfers of unexpended balances of appropriations under section 1502(b) 
shall occur. Such further measures and dispositions as the Director of 
the Bureau of the Budget [now the Office of Management and Budget] shall 
determine to be necessary in connection with the exercise of the 
authority delegated to him by this section shall be carried out in such 
manner as he shall direct and by such agencies as he shall designate.
    Sec. 2. Executive Order No. 10731 of October 10, 1957, delegating to 
the Director of the Bureau of the Budget [now the Office of Management 
and Budget] the authority vested in the President by a certain provision 
of the Airways Modernization Act of 1957 [former 49 U.S.C. 1211 et 
seq.], is hereby revoked, such revocation to become effective on the 
date the repeal of that act takes effect under sections 1401(d) 
[repealing former 49 U.S.C. 1211-1215] and 1505(2) [former 49 U.S.C. 
1301 note] of the Federal Aviation Act of 1958 (72 Stat. 806, 811).
    Sec. 3. Except as otherwise provided in section 2 hereof, the 
provisions of this order shall become effective immediately.
                                                   Dwight D. Eisenhower.

Ex. Ord. No. 11047. Delegation of Authority to Secretary of Defense and 
                              Administrator

    Ex. Ord. No. 11047, Aug. 28, 1962, 27 F.R. 8665, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
    By the virtue of the authority vested in me by section 301 of title 
3 of the United States Code, and as President of the United States, it 
is ordered as follows:
    Section 1. The Secretary of Defense and the Administrator of the 
Federal Aviation Administration are hereby designated and empowered to 
exercise jointly, without the approval, ratification, or other action of 
the President, the authority vested in the President by the first 
sentence of section 304 of the Federal Aviation Act of 1958 (72 Stat. 
749; 49 U.S.C. 1345 (first sentence)) [see 49 U.S.C. 40107(a)] to 
transfer functions (including, as used in this order, powers, duties, 
activities, facilities, and parts of functions) as described in that 
sentence to the extent that the said authority is in respect of 
transfers from the Department of Defense or any officer or 
organizational entity thereof to the Administrator of the Federal 
Aviation Administration of functions relating to flight inspection of 
air navigation facilities.
    Sec. 2. The Administrator and the Secretary shall exercise the 
authority hereinabove delegated to them only as they shall deem such 
exercise to be necessary or desirable in the interest of promoting, in 
respect of either civil or military aviation or both, safe and efficient 
air navigation and air traffic control.
    Sec. 3. (a) To the extent necessitated by transfers of functions 
effected under the provisions of Section 1 of this order:
    (1) Transfers of balances of appropriations available and necessary 
to finance and discharge the transferred functions shall be made under 
the authority of Section 202(b) of the Budget and Accounting Procedures 
Act of 1950 (31 U.S.C. 581c(b) [see 31 U.S.C. 1531]) as affected by the 
provisions of section 1(k) of Executive Order No. 10530 of May 10, 1954 
[set out as a note under section 301 of Title 3, The President].
    (2) Provisions for appropriate transfers of records and property 
shall be made under the authority of the last sentence of Section 304 of 
the Federal Aviation Act of 1958 [see 49 U.S.C. 40107(a)] as affected by 
the provisions of Section 1 of Executive Order No. 10797 of December 24, 
1958 [set out above].
    (b) Neither this order nor the said Executive Order No. 10797 shall 
be deemed to require or authorize the transfer of any civilian or 
military personnel from the Department of Defense to the Federal 
Aviation Administration, under authority of the said Section 304 [see 49 
U.S.C. 40107(a)], in connection with transfers of functions effected 
under the provisions of Section 1 of this order.
    Sec. 4. (a) In order to facilitate the orderly and timely 
accomplishment of the transfers and other arrangements mentioned in 
Section 3(a) of this order, the Secretary of Defense and the 
Administrator of the Federal Aviation Administration shall transmit to 
the Director of the Office of Management and Budget, not less than 30 
days prior to the execution by them of any order or other transfer 
instrument in pursuance of the provisions of Section 1 of this order, 
all appropriate information in respect to any transfers or other 
arrangements proposed to be made in connection therewith under the 
provisions of Section 3 hereof, together with copy of the order or other 
transfer instrument proposed to be executed by them.
    (b) In connection with any particular action or actions under 
Section 1 of this order, the Director of the Office of Management and 
Budget may either waive the requirements of Section 4(a), above, or 
reduce the 30 day period there prescribed.

   Ex. Ord. No. 11161. Transfer of Federal Aviation Agency to Defense 
                       Department in Event of War

    Ex. Ord. No. 11161, eff. July 7, 1964, 29 F.R. 9317, as amended by 
Ex. Ord. No. 11382, eff. Nov. 28, 1967, 32 F.R. 16247, provided:
    WHEREAS Section 302(e) of the Federal Aviation Act of 1958 [see 49 
U.S.C. 40107(b)] provides, in part, that in the event of war the 
President by Executive order may transfer to the Department of Defense 
any functions (including powers, duties, activities, facilities, and 
parts of functions) of the Federal Aviation Administration; and
    WHEREAS it appears that the defense of the United States would 
require the transfer of the Federal Aviation Administration to the 
Department of Defense in the event of war; and
    WHEREAS if any such transfer were to be made it would be essential 
to the defense of the United States that the transition be accomplished 
promptly and with maximum ease and effectiveness; and
    WHEREAS these objectives require that the relationships that would 
obtain in the event of such a transfer as between the Federal Aviation 
Administration and the Department of Defense be understood in advance by 
the two agencies concerned and be developed in necessary detail by them 
in advance of transfer:
    NOW, THEREFORE, by virtue of the authority vested in me by Section 
302(e) (72 Stat. 746; 49 U.S.C. 1343(c)) [see 49 U.S.C. 40107(b)], and 
as President of the United States and Commander in Chief of the Armed 
Forces of the United States, it is hereby ordered as follows:
    Section 1. The Secretary of Defense and the Secretary of 
Transportation are hereby directed to prepare and develop plans, 
procedures, policies, programs, and courses of action in anticipation of 
the probable transfer of the Federal Aviation Administration to the 
Department of Defense in the event of war. Those plans, policies, 
procedures, programs, and courses of action shall be prepared and 
developed in conformity with the following-described standards and 
conditions--
    (A) The Federal Aviation Administration will function as an adjunct 
of the Department of Defense with the Federal Aviation Administrator 
being responsible directly to the Secretary of Defense and subject to 
his authority, direction, and control to the extent deemed by the 
Secretary to be necessary for the discharge of his responsibilities as 
Secretary of Defense.
    (B) To the extent deemed by the Secretary of Defense to be necessary 
for the accomplishment of the military mission, he will be empowered to 
direct the Administrator to place operational elements of the Federal 
Aviation Administration under the direct operational control of 
appropriate military commanders.
    (C) While functioning as an adjunct of the Department of Defense, 
the Federal Aviation Administration will remain organizationally intact 
and the Administrator thereof will retain responsibility for 
administration of his statutory functions, subject to the authority, 
direction, and control of the Secretary of Defense to the extent deemed 
by the Secretary to be necessary for the discharge of his 
responsibilities as Secretary of Defense.
    Sec. 2. In furtherance of the objectives of the foregoing provisions 
of this order, the Secretary of Defense and the Secretary of 
Transportation shall, to the extent permitted by law, make such 
arrangements and take such actions as they deem necessary to assure--
    (A) That the functions of the Federal Aviation Administration are 
performed during any period of national emergency short of war in a 
manner that will assure that essential national defense requirements 
will be satisfied during any such period of national emergency.
    (B) Consistent with the provisions of paragraphs (A), (B), and (C) 
of Section 1 of this order, that any transfer of the Federal Aviation 
Administration to the Department of Defense, in the event of war, will 
be accomplished smoothly and rapidly and effective operation of the 
agencies and functions affected by the transfer will be achieved after 
the transfer.
                                                      Lyndon B. Johnson.