49 U.S.C. 322(a)

United States Code

TITLE 49 – TRANSPORTATION

SUBTITLE I – DEPARTMENT OF TRANSPORTATION

CHAPTER 3 – GENERAL DUTIES AND RESPONSIBILITIES

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.

Source

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

Historical and Revision Notes

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Revised Section Source (U.S. Code) Source (Statutes at

Large)

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322(a) 49:1657(e)(1) (last Oct. 15, 1966, Pub.

19 words), (2) L. 89-670, Sec.

(last 19 words), 9(e)-(g), 80 Stat.

(f), (g). 944.

322(b) 49:1344(d) (less Aug. 23, 1958, Pub.

words after L. 85-726, Sec.

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.

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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.

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.

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