(a) The Federal Railroad Administration is an administration in
the Department of Transportation. To carry out all railroad safety
laws of the United States, the Administration is divided on a
geographical basis into at least 8 safety offices. The Secretary
of Transportation is responsible for all acts taken under those
laws and for ensuring that the laws are uniformly administered and
enforced among the safety offices.
(b) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of
the Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out -
(1) duties and powers related to railroad safety vested in the
Secretary by section 20134(c) and chapters 203-211 of this title,
and chapter 213 of this title in carrying out chapters 203-211;
and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this
section may be transferred to another part of the Department only
when specifically provided by law or a reorganization plan
submitted under 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.
(e) Subject to the provisions of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 471 et seq.), the
Secretary of Transportation may make, enter into, and perform such
contracts, grants, leases, cooperative agreements, and other
similar transactions with Federal or other public agencies
(including State and local governments) and private organizations
and persons, and make such payments, by way of advance or
reimbursement, as the Secretary may determine to be necessary or
appropriate to carry out functions of the Federal Railroad
Administration. The authority of the Secretary granted by this
subsection shall be carried out by the Administrator.
Notwithstanding any other provision of this chapter, no authority
to enter into contracts or to make payments under this subsection
shall be effective, except as provided for in appropriations Acts.
Source
(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-216, Sec.
2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(1),
July 5, 1994, 108 Stat. 1375; Pub. L. 103-440, title II, Sec. 216,
Nov. 2, 1994, 108 Stat. 4624.)
Historical and Revision Notes
Pub. L. 97-449
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
103(a) 49:1652(e)(1) (1st Oct. 15, 1966, Pub.
sentence related to L. 89-670, Sec.
FRA). 3(e) (related to
FRA) (1), (3), (4),
6(f)(3)(C) (related
to FRA), 80 Stat.
932, 940.
49:1652a. July 8, 1976, Pub.
L. 94-348, Sec. 6,
90 Stat. 820.
103(b) 49:1652(e) (related
to FRA) (1) (2d,
last sentences),
(3) (last
sentence).
103(c) 49:1655(f)(3)(A). Oct. 15, 1966, Pub.
L. 89-670, Sec.
6(f)(3)(A), 80
Stat. 940; Aug. 22,
1972, Pub. L. 92-
401, Sec. 6, 86
Stat. 617; Jan. 3,
1975, Pub. L. 93-
633, Sec. 113(e)(1),
88 Stat. 2163.
49:1652(e)(3)
(related to FRA)
(less last
sentence).
103(d) 49:1652(e)(4)
(related to FRA).
49:1655(f)(3)(C)
(related to FRA).
-------------------------------
In subsection (a), the words ''To carry out'' are substituted for
''for purposes of administering and enforcing'' in 49:1652a for
consistency and to eliminate surplus words. The words ''under
those laws'' are substituted for ''pursuant to Federal railroad
safety laws'' to eliminate surplus words. The words ''is
responsible'' are substituted for ''shall retain full and final
responsibility'' and ''shall be responsible'' to eliminate surplus
words. The words ''and for the establishment of all policies with
respect to implementation of such laws'' are omitted as surplus.
In subsection (b), the words ''Each of these components'' are
omitted as surplus.
In subsection (c), the words ''vested in the Secretary'' are
substituted for ''as set forth in the statutes transferred to the
Secretary'' in 49:1655(f)(3)(A) for clarity and consistency. The
words ''section 6(e)(1), (2), and (6)(A) of the Department of
Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))'' are
substituted for ''subsection (e) of this section (other than
subsection (e)(4) of this section)'' in 49:1655(f)(3)(A) for
clarity.
In subsection (d), the word ''law'' is substituted for
''statute'' in 49:1652(e)(4) for consistency. The words after
''administratively final'' in 49:1655(f)(3)(C) are omitted as
unnecessary because of the restatement of the revised title and
those laws giving a right to appeal.
PUB. L. 103-272
Section 5(m)(1) amends 49:103(c)(1) to include a reference to
section 20134(c) of the revised title. The reference is included
because 45:445 on which section 20134(c) is based provides that the
duties and powers under that provision are to be carried out by the
Administrator of the Federal Railroad Administration rather than
the Secretary of Transportation.
REFERENCES IN TEXT
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (e), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. For complete classification of this Act to the
Code, see Short Title note set out under section 471 of Title 40,
Public Buildings, Property, and Works, and Tables.
AMENDMENTS
1994 - Subsec. (c)(1). Pub. L. 103-272 substituted ''section
20134(c) and chapters 203-211 of this title, and chapter 213 of
this title in carrying out chapters 203-211'' for ''section
6(e)(1), (2), and (6)(A) of the Department of Transportation Act
(49 App. U.S.C. 1655(e)(1), (2), and (6)(A))''.
Subsec. (e). Pub. L. 103-440 added subsec. (e).
1984 - Subsec. (c)(1). Pub. L. 98-216 substituted ''49 App.
U.S.C.'' for ''49 U.S.C.''.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 322 of this title.
File Type | application/msword |
File Title | United States Code |
Author | rbrogan |
Last Modified By | rbrogan |
File Modified | 2006-02-22 |
File Created | 2006-02-22 |