(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
---------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
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.
-------------------------------
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.
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 |