49 U.S.C. 103(c)

United States Code

TITLE 49 – TRANSPORTATION

SUBTITLE I – DEPARTMENT OF TRANSPORTATION

CHAPTER 1 – ORGANIZATION

Sec. 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

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

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

Large)

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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).

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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.