A bill to revise, codify, and enact without substantive change certain general and permanent laws related to transportation as subtitle I and chapter 31 of subtitle II of title 49, United States Code, "Transportation".
PL 97-449 (H.R.6993), enacted 01/12/1983

PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2413 
Public Law 97-449 
97th Congress 
An Act 
To revise, codify, and enact without substantive change certain general and perma-
nent laws related to transportation as subtitle I and chapter 31 of subtitle II of title 
49, United States Code, "Transportation". 
Be it enacted by the Senate and House of Representatives of the 
United States of 
America in Congress assembled, 
SUBTITLE I AND CHAPTER 31 OF SUBTITLE II OF TITLE 49, UNITED STATES 
CODE 
SECTION 1. (a) Certain general and permanent laws of the United 
States, related to transportation, are revised, codified, and enacted 
by subsection (b) of this section without substantive change as 
subtitle I and chapter 81 of subtitle II of title 49, United States 
Code, "Transportation". Those laws may be cited as "49 U.S.C. 
§ 
". 
(b) Title 49, United States Code, is amended by striking out the 
table of subtitles at the beginning of the title and substituting the 
following new table of subtitles and subtitles I and II: 
Jan. 12, 1983 
[H.R. 6993] 
Department of 
Transportation 
and 
Motor Carrier 
Safety. 
Enactment as 
Subtitle I and 
chapter 31 of 
Subtitle II of title 
49, United States 
Code. 
49 use note 
prec. 101. 
TITLE 49—TRANSPORTATION 
SUBTITLE 
Sec 
I. DEPARTMENT OF TRANSPORTATION 
101 
II. TRANSPORTATION PROGRAMS 
3101 
III. [RESERVED—AIR TRANSPORTATION] 
IV. INTERSTATE COMMERCE 
10101 
V. [RESERVED—MISCELLANEOUS] 
SUBTITLE I—DEPARTMENT OF 
TRANSPORTATION 
CHAPTER 
Sec. 
1. ORGANIZATION 
101 
3. GENERAL DUTIES AND POWERS 
301 
5. SPECIAL AUTHORITY 
501 
CHAPTER 1—ORGANIZATION 
Sec. 
101. Purpose. 
102. Department of Transportation. 
103. Federal Railroad Administration. 
104. Federal Highway Administration. 
105. National Highway TrafRc Safety Administration. 
106. Federal Aviation Administration. 
107. Urban Mass Transportation Administration. 
108. Coast Guard. 
109. Maritime Administration. 
110. St. Lawrence Seaway Development Corporation. 
96 STAT. 2414 
PUBLIC LAW 97-449—JAN. 12, 1983 
49 use 101. 
§101. Purpose 
(a) The national objectives of general welfare, economic growth 
and stability, and security of the United States require the develop-
ment of transportation policies and programs that contribute to 
providing fast, safe, efficient, and convenient transportation at the 
lowest cost consistent with those and other national objectives, 
including the efficient use and conservation of the resources of the 
United States. 
(b) A Department of Transportation is necessary in the public 
interest and to— 
(1) ensure the coordinated and effective administration of the 
transportation programs of the United States Government; 
(2) make easier the development and improvement of coordi-
nated transportation service to be provided by private enter-
prise to the greatest extent feasible; 
(3) encourage cooperation of Federal, State, and local govern-
ments, carriers, labor, and other interested persons to achieve 
transportation objectives; 
(4) stimulate technological advances in transportation; 
(5) provide general leadership in identifying and solving 
transportation problems; and 
(6) develop and recommend to the President and Congress 
transportation policies and programs to achieve transportation 
objectives considering the needs of the public, users, carriers, 
industry, labor, and national defense. 
49 use 102. 
§102. Department of Transportation 
(a) The Department of Transportation is an executive department 
of the United States Government at the seat of Government. 
(b) The head of the Department is the Secretary of Transportation. 
The Secretary is appointed by the President, by and with the advice 
and consent of the Senate. 
(c) The Department has a Deputy Secretary of Transportation 
appointed by the President, by and with the advice and consent of 
the Senate. The Deputy Secretary— 
(1) shall carry out duties and powers prescribed by the Secre-
tary; and 
(2) acts for the Secretary when the Secretary is absent or 
unable to serve or when the office of Secretary is vacant. 
(d) The Department has 4 Assistant Secretaries and a General 
Counsel appointed by the President, by and with the advice and 
consent of the Senate. The Department also has an Assistant Secre-
tary of Transportation for Administration appointed in the competi-
tive service by the Secretary, with the approval of the President. 
They shall carry out duties and powers prescribed by the Secretary. 
An Assistant Secretary or the General Counsel, in the order pre-
scribed by the Secretary, acts for the Secretary when the Secretary 
and the Deputy Secretary are absent or unable to serve, or when the 
offices of the Secretary and Deputy Secretary are vacant. 
Department 
(e) The Department shall have a seal that shall be judicially 
^^^- 
recognized. 
49 use 103. 
§ 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 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2415 
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 6(e) (1), (2), and (6XA) of the Department of 
Transportation Act (49 U.S.C. 1655(e) (1), (2), and (6XA)); and 
(2) additional duties and powers prescribed by the Secretary. 
(d) A duty or power specified by subsection (cXl) of this section 
may be transferred to another part of the Department only when 
specific£illy provided by law or a reorganization plan submitted 
under chapter 9 of title 5. A decision of the Administrator in 5 use 90i e
f se^. 
carrjdng out those duties or powers and involving notice and hear-
ing required by law is administratively final. 
§ 104. Federal Highway Administration 
4
9 use 104. 
(a) The Federal Highway Administration is an administration in 
the Department of Transportation. 
(bXD The head of the Administration is the Admininstrator who is 
appointed by the President, by and with the advice and consent of 
the Senate. The Administrator reports directly to the Secretary of 
Transportation. 
(2) The Administration has a Deputy Federal Highway Adminis-
trator who is appointed by the Secretary, with the approval of the 
President. The Deputv Administrator shall carry out duties and 
powers prescribed by the Administrator. 
(3) The Administration has an Assistant Federal Highway Admin-
istrator appointed in the competitive service by the Secretary, with 
the approval of the President. The Assistant Administrator is the 
chief engineer of the Administration. The Assistant Administrator 
shall carry out duties and powers prescribed by the Administrator. 
(c) The Administrator shall carry out— 
(1) duties and powers vested in the Secretary by chapter 4 of 
title 23 for highway safety programs, research, and development 23 use 401 et 
related to highway design, construction and maintenance, traf- *
^
9 
fie control devices, identification and surveillance of accident 
locations, and highway-related aspects of pedestrian safety; 
(2) duties and powers related to motor carrier safety vested in 
the Secretary by chapters 5 and 31 of this title; and 
^os^ pp. 2430, 
(3) additional duties and powers prescribed by the Secretary, 
^ 
(d) A duty or power specified by subsection (cX2) 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 hear-
ing required by law is administratively final. 
§ 105. National Highway Traffic Safety Administration 
49 use 105. 
(a) The National Highway Traffic Safety Administration is an 
administration in the Department of Transportation. 
(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 Administration has a Deputy Administrator who is 
96 STAT. 2416 
PUBLIC LAW 97-449—JAN. 12, 1983 
appointed by the Secretary of Transportation, with the approval of 
the President. 
(c) The Administrator shall carry out— 
(1) duties and powers vested in the Secretary by chapter 4 of 
23 use 401 et 
title 23, except those related to highway design, construction 
«
«
9
- 
and maintenance, traffic control devices, identification and sur-
veillance of accident locations, and highway-related aspects of 
pedestrian safety; and 
(2) additional duties and powers prescribed by the Secretary. 
(d) The Secretary may carry out the National Traffic and Motor 
Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) through the 
Administrator. 
(e) The Administrator shall consult with the Federal Highway 
Administrator on all matters related to the design, construction, 
maintenance, and operation of highways. 
49 use 106. 
§ 106. Federal Aviation Administration 
(a) The Federal Aviation Administration is an administration in 
the Department of Transportation. 
(b) The head of the Administration is the Administrator. The 
Administration has a Deputy Administrator. They are appointed by 
the President, by and with the advice and consent of the Senate. 
When making an appointment, the President shall consider the 
fitness of the individual to carry out efficiently the duties and 
powers of the office. The Administrator reports directly to the 
Secretary of Transportation. 
(c) The Administrator must— 
(1) be a citizen of the United States; 
(2) be a civilian; and 
(3) have experience in a field directly related to aviation. 
(d)(1) The Deputy Administrator must be a citizen of the United 
States and have experience in a field directly related to aviation. An 
officer on active duty in an armed force may be appointed as Deputy 
Administrator. However, if the Administrator is a former regular 
officer of an armed force, the Deputy Administrator may not be an 
officer on active duty in an armed force, a retired regular officer of 
an armed force, or a former regular officer of an armed force. 
(2) An officer on active duty or a retired officer serving as Deputy 
Administrator is entitled to hold a rank and grade not lower than 
that held when appointed as Deputy Administrator. The Deputy 
Administrator may elect to receive (A) the pay provided by law for 
the Deputy Administrator, or (B) the pay and allowances or the 
retired pay of the military grade held. If the Deputy Administrator 
elects to receive the military pay and allowances or retired pay, the 
Administration shall reimburse the appropriate military depart-
ment from funds available for the expenses of the Administration. 
(3) The appointment and service of a member of the armed forces 
as a Deputy Administrator does not affect the status, office, rank, or 
grade held by that member, or a right or benefit arising from the 
status, office, rank, or grade. The Secretary of a military department 
does not control the member when the member is carrying out 
duties and powers of the Deputy Administrator. 
(e) The Administrator and the Deputy Administrator may not 
have a pecuniary interest in, or own stock in or bonds of, an 
aeronautical enterprise, or engage in another business, vocation, or 
emplojnnent. 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2417 
(f) The Secretary shall carry out the duties and powers, and 
controls the personnel and activities, of the Administration. The 
Secretary may not submit decisions for the approval of, nor be 
bound by the decisions or recommendations of, a committee, board, 
or organization established by executive order. 
(g) The Administrator shall carry out— 
(1) duties and powers of the Secretary related to aviation 
safety (except those related to transportation, packaging, mark-
ing, or description of hazardous materials) and vested in the 
Secretary by section 308(b) of this title and sections 306-309, 
312-314, 1101, 1105, and 1111 and titles VI, VII, IX, and XII of 
the Federal Aviation Act of 1958 (49 U.S.C. 1347-1350, 1353-
1355,1421 et seq., 1441 et seq., 1471 et seq., 1501,1505,1511, and 
1521 et seq.); and 
(2) additional duties and powers prescribed by the Secretary, 
(h) Section 103 of the Federal Aviation Act of 1958 (49 U.S.C. 1303) 
applies to duties and powers specified in subsection (gXD of this 
section. Any of those duties and powers 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 
5 use 901 et seq. 
decision of the Administrator in carrying out those duties or powers 
is administratively final. 
(i) The Deputy Administrator shall carry out duties and powers 
prescribed by the Administrator. The Deputy Administrator acts for 
the Administrator when the Administrator is absent or unable to 
serve, or when the office of the Administrator is vacant. 
§ 107. Urban Mass Transportation Administration 
49 use 107. 
(a) The Urban Mass Transportation Administration is an adminis-
tration in the Department of Transportation. 
(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 of 
Transportation. 
(c) The Administrator shall carry out duties and powers pre-
scribed by the Secretary. 
§ 108. Coast Guard 
49 use 108. 
(a) Except when operating as a service in the Navy, the Coast 
Guard is a part of the Department of Transportation. The Secretary 
of Transportation exercises all duties and powers related to the 
Coast Guard vested in the Secretary of the Treasury, and other 
officers and offices of the Department of Treasury, immediately 
before April 1,1967. 
(b) The Commandant is the Chief of the Coast Guard. In addition 
to carrsdng out the duties and powers specified by law, the Comman-
dant shall carry out duties and powers prescribed by the Secretary 
of Transportation. The Commandant reports directly to the Secre-
tary. 
§ 109. Maritime Administration 
49 use 109. 
(a) The Maritime Administration transferred by section 2 of the 
Maritime Act of 1981 (46 U.S.C. 1601) is an administration in the 
Department of Transportation. 
(b) The Administrator of the Administration appointed under 
section 4 of the Maritime Act of 1981 (46 U.S.C. 1603) reports 
directly to the Secretary of Transportation. 
96 STAT. 2418 
PUBLIC LAW 97-449—JAN. 12, 1983 
49 use 110. 
§ 110. Saint Lawrence Seaway Development Corporation 
(a) The St. Lawrence Seaway Development Corporation estab-
lished under section 1 of the Act of May 13, 1954 (33 U.S.C. 981), is 
subject to the direction and supervision of the Secretary of Trans-
portation. 
(b) The Administrator of the Corporation appointed under section 
2 of the Act of May 13, 1954 (33 U.S.C. 982), reports directly to the 
Secretary. 
CHAPTER 3—GENERAL DUTIES AND POWERS 
SUBCHAPTER I—DUTIES OF THE SECRETARY OF TRANSPORTATION 
Sec. 
301. Leadership, consultation, and cooperation. 
302. Policy standards for transportation. 
303. Policy on lands, wildlife and waterfowl refuges, and historic sites. 
304. Joint activities with the Secretary of Housing and Urban Development. 
305. Transportation investment standards and criteria. 
306. Prohibited discrimination. 
307. Safety information and intervention in Interstate Commerce Commission 
proceedings. 
308. Annual reports. 
SUBCHAPTER II—ADMINISTRATIVE 
321. Definitions. 
322. General powers. 
323. Personnel. 
324. Members of the armed forces. 
325. Advisory committees. 
326. Gifts. 
327. Administrative working capital fund. 
328. Transportation Systems Center working capital fund. 
329. Transportation information. 
330. Research contracts. 
331. Service, supplies, and facilities at remote places. 
332. Minority R^urce Center. 
333. Responsibility for rail transportation unification and coordination projects. 
334. Limit on aviation charges. 
335. Authorization of appropriations. 
SUBCHAPTER I—DUTIES OF THE SECRETARY OF 
TRANSPORTATION 
49 use 301. 
§ 301. Leadership, consultation, and cooperation 
The Secretary of Transportation shall— 
(1) under the direction of the President, exercise leadership in 
transportation matters, including those matters affecting 
national defense and those matters involving national or 
r^onal emergencies; 
(2) provide leadership in the development of transportation 
policies and programs, and make recommendations to the Presi-
dent and Congress for their consideration sind implementation; 
(3) promote and undertake the development, collection, and 
dissemination of technological, statistical, economic, and other 
information relevant to domestic and international transporta-
tion; 
(4) consult and cooperate with the Secretary of Labor in 
compiling information regarding the status of labor-manage-
ment contracts and other labor-management problems and in 
promoting industrial harmony and stable employment condi-
tions in all modes of transportation; 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2419 
(5) promote and undertake research and development related 
to transportation, including noise abatement, with particular 
attention to aircraft noise; 
(6) consult with the heads of other departments, agencies, and 
instrumentalities of the United States Government on the 
transportation requirements of the Government, including 
encouraging them to establish and observe policies consistent 
with maintaining a coordinated transportation system in pro-
curing transportation or in operating their own transport serv-
ices; and 
(7) consult and cooperate with State and local governments, 
carriers, labor, and other interested persons, including, when 
appropriate, holding informal public hearings. 
§ 302. Policy standards for transportation 
49 use 302. 
(a) The Secretary of Transportation is governed by the transporta-
tion policy of sections 10101 and 10101a of this title in addition to 
other laws. 
(b) Subtitle I and chapter 31 of subtitle II of this title and the Ante, p. 2413; 
Department of Transportation Act (49 U.S.C. 1651 et seq.) do not ^*^' P ^437. 
authorize, without appropriate action by Congress, the adoption, 
revision, or implementation of a transportation policy or investment 
standards or criteria. 
(c) The Secretary shall consider the needs— 
(1) for effectiveness and safety in transportation systems; and 
(2) of national defense. 
§ 303. Policy on lands, wildlife and waterfowl refuges, and his- 4
9 use 303. 
toric sites 
(a) It is the policy of the United States Government that special 
effort should be made to preserve the natural beauty of the country-
side and public park and recreation lands, wildlife and waterfowl 
refuges, and historic sites. 
(b) The Secretary of Transportation shall cooperate and consult 
with the Secretaries of the Interior, Housing and Urban Develop-
ment, and Agriculture, and with the States, in developing transpor-
tation plans and programs that include measures to maintain or 
enhance the natural beauty of lands crossed by transportation 
activities or facilities. 
(c) The Secretary may approve a transportation program or pro-
ject requiring the use of publicly owned land of a public park, 
recreation area, or wildlife and waterfowl refuge of national. State, 
or local significance, or land of an historic site of national, State, or 
local significance (as determined by the Federal, State, or local 
officials having jurisdiction over the park, area, refuge, or site) only 
i
f
— 
(1) there is no prudent and feasible alternative to using that 
land; and 
(2) the program or project includes all possible planning to 
minimize harm to the park, recreation area, wildlife and water-
fowl refuge, or historic site resulting from the use. 
§ 304. Joint activities with the Secretary of Housing and Urban 49 use 304. 
Development 
(a) The Secretary of Transportation and the Secretary of Housing 
and Urban Development shall— 
97-200 O—84—pt. 2 
34 : QL3 
96 STAT. 2420 
PUBLIC LAW 97-449—JAN. 12, 1983 
(1) consult and exchange information about their respective 
transportation policies £ind activities; 
(2) carry out joint planning, research, and other activities; 
(3) coordinate assistance for local transportation projects; and 
(4) jointly study methods by which policies and programs of 
the United States Government can ensure that urban transpor-
tation systems most effectively serve both transportation needs 
of the United States and the comprehensively planned develop-
ment of urban areas. 
Report to 
(b) The Secretaries shall report on April 1 of each year to the 
President. 
President, for submission to Congress, on their studies and other 
activities under this section, including legislative recommendations 
they consider desirable. 
49 use 305. 
§ 305. Transportation investment standards and criteria 
(a) Subject to sections 301-304 of this title, the Secretary of 
Transportiation shall develop standards and criteria to formulate 
and economically evaluate all proposals for investing amounts of the 
United States Government in transportation facilities and equip-
ment. Based on experience, the Secretary shall revise the standards 
and criteria. When approved by Congress, the Secretary shall pre-
scribe standards and criteria developed or revised under this subsec-
tion. This subsection does not apply to— 
(1) the acquisition of transportation facilities or equipment by 
a department, agency, or instrumentality of the (Jovernment to 
provide transportation for its use; 
(2) an inter-oceanic canal located outside the 48 contiguous 
States; 
(3) defense features included at the direction of the Depart-
ment of Defense in designing and constructing civil air, sea, or 
land transportation; 
(4) foreign assistance programs; 
(5) water resources projects; or 
(6) grant-in-aid pr(^ams authorized by law. 
(b) A department, agency, or instrumentality of the Government 
preparing a survey, plan, or report that includes a proposal about 
which the Secretcuy has prescribed standards and criteria under 
subsection (a) of this section shall— 
(1) prepare the survey, plan, or report under those stsmdards 
and criteria and on the basis of information provided by the 
Secretary on the— 
(A) projected growth of transportation needs and traffic 
in the affected area; 
(B) the relative efficiency 
of various modes of 
transportation; 
(C) the available transportation services in the area; and 
(D) the general effect of the proposed investment on 
existing modes of transportation and on the regional and 
national economy; 
(2) coordinate the survey, plan, or report— 
(A) with the Secretary and include the views and com-
ments of the Secretary; and 
(B) as appropriate, with other departments, agencies, and 
instrumentEilities of the Government, States, and local gov-
ernments, and include their views and comments; and 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2421 
(3) send the survey, plan, or report to the President for 
disposition under law and procedure established by the 
President. 
§306. Prohibited discrimination 
49 use 306 
(a) In this section, "financial assistance" includes obligation 
guarantees. 
(b) A person in the United States may not be excluded fi-om 
participating in, be denied the benefits of, or be subject to discrimi-
nation under, a project, program, or activity because of race, color, 
national origin, or sex when any part of the project, program, or 
activity is financed through financial assistance under section 332 of 
this title, section 211 or 216 of the Regional Rail Reorganization Act 
of 1973 (45 U.S.C. 721, 726), title V or VII of the Railroad Revitaliza-
tion and Regulatory Reform Act of 1976 (45 U.S.C. 821 et seq., 851 et 
seq.), or section 4(i) or 5 of the Department of Transportation Act (49 
U.S.C. 1653(i), 1654). 
(c) When the Secretary of Transportation decides that a person 
receiving financial assistance under a law referred to in subsec-
tion (b) of this section has not complied with that subsection, a 
Federal civil rights law, or an order or regulation issued under a 
Federal civil rights law, the Secretary shall notify the person of the 
decision and require the person to take necessary action to ensure 
compliance with that subsection. 
(d) If a person does not comply with subsection (b) of this 
section within a reasonable time after receiving a notice under 
subsection (c) of this section, the Secretary shall take at least one of 
the following actions: 
(1) direct that no more Federal financial assistance be pro-
vided the person. 
(2) refer the matter to the Attorney General with a recom-
mendation that a civil action be brought against the person. 
(3) carry out the duties and powers provided by title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). 
(4) take other action provided by law. 
(e) When a matter is referred to the Attorney General under 
subsection (dX2) of this section, or when the Attorney General has 
reason to believe that a person is engaged in a pattern or practice 
violating this section, the Attorney General may begin a civil action 
in a district court of the United States for appropriate relief. 
§ 307. Safety information and intervention in Interstate Commerce 
49 use 307. 
Commission proceedings 
(a) The Secretary of Transportation shall inspect promptly the 
safety compliance record in the Department of Transportation of 
each person applying to the Interstate Commerce Commission for 
authority to provide transportation or freight forwarder service. The 
Secretary shall report the findings of the inspection to the 
Commission. 
(b) When the Secretary is not satisfied with the safety record of a 
person applying for permanent authority to provide transportation 
or freight forwarder service, or for approval of a proposed transfer of 
permanent authority, the Secretary shall intervene and present 
evidence of the fitness of the person to the CJommission in its 
proceedings. 
(c) When requested by the Commission, the Secretary shall— 
96 STAT. 2422 
PUBLIC LAW 97-449—JAN. 12, 1983 
(1) provide the Commission with a complete report on the 
safety compliance of a carrier providing transportation or 
freight forwarder service subject to its jurisdiction; 
(2) provide promptly a statement of the safety record of a 
person applying to the Commission for temporary authority to 
provide transportation; 
(3) intervene and present evidence in a proceeding in which a 
finding of fitness is required; and 
(4) make additional safety compliance surveys and inspections 
the Commission decides are desirable to allow it to act on an 
application or to make a finding on the fitness of a carrier. 
4
9 use 308. 
§308. Annual reports 
(a) As soon £is practicable after the end of each fiscal year, the 
Secretary of Transportation shall report to the President, for sub-
mission to Congress, on the activities of the Department of Trans-
portation during the prior fiscal year. The report shall include a 
complete statement on the effectiveness of the United States Rail-
way Association and the Consolidated Rail Corporation in carrying 
out the purposes of the Regional Rail Reorganization Act of 1973 (45 
U.S.C. 701 et seq.). 
(b) The Secretary shall submit to the President and Congress each 
year a report on the aviation activities of the Department. The 
report shall include— 
(1) collected information the Secretary considers valuable in 
deciding questions about— 
(A) the development and regulation of civil aeronautics; 
(B) the use of airspace of the United States; and 
(C) the improvement of the air navigation and traffic 
control system; and 
(2) recommendations for additional legislation and other 
action the Secretary considers necessary. 
(c) The Secretary shall submit to Congress each year a report on 
the conditions of the public ports of the United States, including 
the— 
(1) economic and technological development of the ports; 
(2) extent to which the ports contribute to the national wel-
fare and security; and 
(3) factors that may impede the continued development of the 
ports. 
SUBCHAPTER II—ADMINISTRATIVE 
49 use 321. 
§321. Definitions 
In this subchapter, "aeronautics", "air commerce", and "air navi-
gation facility" have the same meanings given those terms in 
section 101(2), (4), and (8) of the Federal Aviation Act of 1958 (49 
U.S.C. 1301(2), (4), (8)), respectively. 
49 use 322. 
§ 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 delega-
tions of, duties and powers of the Secretary to an officer or employee 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2423 
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 facil-
ities of other civilian or military departments, agencies, and 
instrumentalities of the United States Government, with their 
consent; 
(2) cooperate with those departments, agencies, and instru-
mentalities in establishing and using aviation services, equip-
ment, 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, newspa-
pers, 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 passen-
ger-carrying aircraft and automobiles and other property. 
(e) The Secretary may negotiate, without advertising, the pur-
chase 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 addi-
tional cost to the Government by duplication of investment or 
would result in duplication of necessary preparation that would 
unreasonably delay procuring the property. 
§ 323. Personnel 
49 use 323 
(a) The Secretary of Transportation may appoint and fix the pay 
of officers and employees of the Department of Transportation and 
may prescribe their duties and powers. 
(b) The Secretary may procure services under section 3109 of title 
5. However, an individual may be paid not more than $100 a day for 
services. 
§324. Members of the armed forces 
49 use 324. 
(a) The Secretary of Transportation— 
(1) to ensure that national defense interests are safeguarded 
properly and that the Secretary is advised properly about the 
needs and special problems of the armed forces, shall provide 
96 STAT. 2424 
PUBLIC LAW 97-449—JAN. 12, 1983 
Report to 
congressional 
committees. 
49 use 325. 
5 use 5703. 
49 use 326. 
for participation of members of the armed forces in carrying out 
the duties and powers of the Secretary related to the regulation 
and protection of air traffic, including providing for, and 
research and development of, air navigation facilities, and the 
allocation of airspace; and 
(2) may provide for participation of members of the armed 
forces in carrying out other duties and powers of the Secretary. 
(b) A member of the Coast Guard on active duty may be appointed, 
detailed, or assigned to a position in the Department of Transporta-
tion, except the position of Secretary, Deputy Secretary, or Assistant 
Secretary for Administration. A retired member of the Coast Guard 
may be appointed, detailed, or assigned to a position in the 
Department. 
(c) The Secretary of Transportation and the Secretary of a mili-
tary department may make cooperative agreements, including 
agreements on reimbursement as may be considered appropriate by 
the Secretaries, under which a member of the armed forces may be 
appointed, detailed, or assigned to the Department of Transporta-
tion under this section. The Secretary of Transportation shall send a 
report each year to the appropriate committees of Congress on 
agreements made to carry out subsection (aX2) of this section, 
including the number, rank, and position of each member appointed, 
detailed, or assigned under those agreements. 
(d) The Secretary of a military department does not control the 
duties and powers of a member of the armed forces appointed, 
detailed, or assigned under this section when those duties and 
powers pertain to the Department of Transportation. A member of 
the armed forces appointed, detailed, or assigned under subsection 
(a)(2) of this section may not be charged against a statutory limita-
tion on grades or strengths of the armed forces. The appointment, 
detail, or assignment and service of a member under this section to 
a position in the Department of Transportation does not affect the 
status, office, rank, or grade held by that member, or a right or 
benefit arising from that status, office, rank, or grade. 
§ 325. Advisory committees 
(a) Without regard to the provisions of title 5 governing appoint-
ment in the competitive service, the Secretary of Transportation 
may appoint advisory committees to consult with and advise the 
Secretary in carrying out the duties and powers of the Secretary. 
(b) While attending a committee meeting or otherwise serving at 
the request of the Secretary, a member of an advisory committee 
may be paid not more than $100 a day. A member is entitled to 
reimbursement for expenses under section 5703 of title 5. This 
subsection does not apply to individuals regularly employed by the 
United States Government. 
(c) A member of an advisory committee advising the Secretary in 
carrjdng out aviation duties and powers may serve for not more 
than 100 days in a calendar year. 
§326. Gifts 
(a) The Secretary of Transportation may accept and use con-
ditional or unconditional gifts of property for the Department of 
Transportation. The Secretary may accept a gift of services in 
carrying out aviation duties and powers. Property accepted under 
this section and proceeds from that property must be used, as nearly 
as possible, under the terms of the gift. 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2425 
(b) The Department has a fund in the Treasury. Disbursements 
from the fund are made on order of the Secretary. The fund consists 
of-
(1) gifts of money; 
(2) income from property accepted under this section and 
proceeds from the sale of that property; and 
(3) income from securities under subsection (c) of this section. 
(c) On request of the Secretary of Transportation, the Secretary of investment. 
the Treasury may invest and reinvest amounts in the fund in 
securities of, or in securities whose principal and interest is guaran-
teed by, the United States Government. 
(d) Property accepted under this section is a gift to or for the use 
of the Government under the Internal Revenue Code of 1954 (26 
U.S.C. 1 et seq.). 
§327. Administrative working capital fund 
49 use 327. 
(a) The Department of Transportation has an administrative 
working capital fund. Amounts in the fund are available for 
expenses of operating and maintaining common administrative serv-
ices the Secretary of Transportation decides are desirable for the 
efficiency and economy of the Department. The services may 
include— 
(1) a central supply service for stationery and other supplies 
and equipment through which adequate stocks may be main-
tained to meet the requirements of the Department; 
(2) central messenger, mail, telephone, and other communica-
tions services; 
(3) office space; 
(4) central services for document reproduction, and for graph-
ics and visual aids; and 
(5) a central library service. 
(b) Amounts in the fund are available without regard to fiscal year 
limitation. Amounts may be appropriated to the fund. 
(c) The fund consists o
f
— 
(1) amounts appropriated to the fund; 
(2) the reasonable value of stocks of supplies, equipment, and 
other assets and inventories on order that the Secretary 
transfers to the fund, less the related liabilities and unpaid 
obligations; 
(3) amounts received from the sale or exchange of property; 
and 
(4) payments received for loss or damage to property of the 
fund. 
(d) The fund shall be reimbursed, in advance, from amounts 
available to the Department or from other sources, for supplies and 
services at rates that will approximate the expenses of operation, 
including the accrual of annual leave and the depreciation of equip-
ment. Amounts in the fund, in excess of amounts transferred or 
appropriated to maintain the fund, shall be deposited in the Treas-
ury as miscellaneous receipts. All assets, liabilities, and prior losses 
are considered in determining the amount of the excess. 
§ 328. Transportation Systems Center working capital fund 
4
9 use 328. 
(a) The Department of Transportation has a Transportation Sys-
tems Center working capital fund. Amounts in the fund are avail-
able for financing the activities of the Center, including research, 
development, testing, evaluation, analysis, and related activities the 
96 STAT. 2426 
PUBLIC LAW 97-449—JAN. 12, 1983 
Secretary of Transportation approves, for the Department, other 
agencies, State and local governments, other public authorities, 
private organizations, and foreign countries. 
(b) Amounts in the fund are available without regard to fiscal year 
limitation. Amounts may be appropriated to the fund. 
(c) The capital of the fund consists o
f
— 
(1) amounts appropriated to the fund; 
(2) net assets of the Center as of October 1, 1980, including 
unexpended advances made to the Center for which valid obli-
gations were incurred before October 1,1980; 
(3) the reasonable value of property and other eissets trans-
ferred to the fund after September 30, 1980, less the related 
liabilities and unpaid obligations; and 
(4) the reasonable value of property and other assets donated 
to the fund. 
(d) The fund shall be reimbursed or credited with— 
(1) advance pa5rments from applicable funds or appropriations 
of the Department and other agencies, and with advance pay-
ments from other sources, the Secretary authorizes, for— 
(A) services at rates that will recover the expenses of 
operation, including the accrual of annual leave and over-
head; and 
(B) acquiring property and equipment under regulations 
the Secretary prescribes; and 
(2) receipts from the sale or exchange of property or in 
payment for loss or damage of property held by the fund. 
(e) The Secretary shall deposit at the end of each fiscal year, in the 
Treasury as miscellaneous receipts, amounts accruing in the fund 
that the Secretary decides are in excess of the needs of the fund. 
49 use 329. 
§ 329. Transportation information 
(a) The Secretary of Transportation may collect and collate trans-
portation information the Secretary decides will contribute to the 
improvement of the transportation system of the United States. To 
the greatest practical extent, the Secretary shall use information 
available from departments, agencies, and instrumentalities of the 
United States Government and other sources. To the extent 
practical, the Secretary shall make available to other Government 
departments, agencies, and instrumentalities and to the public the 
information collected under this subsection. 
(b) The Secretary shall— 
(1) collect and disseminate information on civil aeronautics 
(other than that collected and disseminated by the National 
Transportation Safety Board under title VII of the Federal 
Aviation Act of 1958 (49 U.S.C. 1441 et seq.) or the Civil Aero-
nautics Board under title IV of that Act (49 U.S.C. 1371 et seq.)); 
(2) study the possibilities of developing air commerce and the 
aeronautical industry; and 
(3) exchange information on civil aeronautics with govern-
ments of foreign countries through appropriate departments, 
agencies, and instrumentalities of the Government. 
(cXD On the written request of a person, a State, territory, or 
possession of the United States, or a political subdivision of a State, 
territory, or possession, the Secretary may— 
(A) make special statisticsd studies on foreign and domestic 
transportation; 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2427 
(B) make special studies on other matters related to duties 
and powers of the Secretary; 
(C) prepare, from records of the Department of Transporta-
tion, special statistical compilations; and 
(D) provide transcripts of studies, tables, and other records of 
the Department. 
(2) The person or governmental authority requesting information 
under paragraph (1) of this subsection must pay the actual cost of 
preparing the information. Payments shall be deposited in the 
Treasury in an account that the Secretary shall administer. The 
Secretary may use amounts in the account for the ordinary expenses 
incidental to getting and providing the information. 
(d) To assist in carrying out duties and powers under the Federal 
Aviation Act of 1958 (49 U.S.C. 1301 et seq.), the Secretary of 
Transportation shall maintain separate cooperative agreements 
with the Secretary of Defense and the Administrator of the National 
Aeronautics and Space Administration for the timely exchange of 
information on their programs, policies, and requirements directly 
related to carrying out that Act. 
§ 330. Research contracts 
49 use 330. 
(a) The Secretary of Transportation may make contracts with 
educational institutions, public and private agencies and organiza-
tions, and persons for scientific or technological research into a 
problem related to programs carried out by the Secretary. Before 
making a contract, the Secretary must require the institution, 
agency, organization, or person to show that it is able to carry out 
the contract. 
(b) In carrying out this section, the Secretary shall— 
(1) give advice and assistance the Secretary believes will best 
carry out the duties and powers of the Secretary; 
(2) participate in coordinating all research started under this 
section; 
(3) indicate the lines of inquiry most important to the Secre-
tary; and 
(4) encourage and assist in establishing and maintaining coop-
eration by and between contractors and between them and 
other research organizations, the Department of Transporta-
tion, and other departments, agencies, and instrumentalities of 
the United States Government. 
(c) The Secretary may distribute publications containing informa-
tion the Secretary considers relevant to research carried out under 
this section. 
§ 331. Service, supplies, and facilities at remote places 
49 use 331. 
(a) When necessary and not otherwise available, the Secretary of 
Transportation may provide for, construct, or maintain the follow-
ing for officers and employees of the Department of Transportation 
and their dependents stationed in remote places: 
(1) emergency medical services and supplies. 
(2) food and other subsistence supplies. 
(3) messing facilities. 
(4) motion picture equipment and film for recreation and 
training. 
(5) living and working quarters and facilities. 
96 STAT. 2428 
PUBLIC LAW 97-449—JAN. 12, 1983 
(6) reimbursement for food, clothing, medicine, and other 
supplies provided by an officer or employee in an emergency for 
the temporary relief of individuals in distress. 
Service charges. 
(b) The Secretary shall prescribe reasonable charges for services, 
supplies, and facilities provided under subsection (a) (1), (2), and (3) 
of this section. Amounts received under this subsection shall he 
credited to the appropriation from which the expenditure was made. 
(c) When appropriations for a fiscal year for aviation duties and 
powers have not been made before June 1 immediately before the 
beginning of the fiscal year, the Secretary may designate an officer, 
and authorize that officer, to incur obligations to buy and transport 
supplies to carry out those duties and powers at installations outside 
the 48 contiguous States and the District of Columbia. The amount 
obligated under this subsection in a fiscal year may be not more 
than 75 percent of the amount available for buying and transporting 
supplies to those installations for the then current fiscal year. 
Payment of obligations under this subsection shall be made from 
appropriations for the next fiscal year when available. 
§ 332. Minority Resource Center 
(a) In this section, "minority" includes women. 
(b) The Department of Transportation has a Minority Resource 
Center. The Center may— 
(1) include a national information clearinghouse for minority 
entrepreneurs and businesses to disseminate information to 
them on business opportunities related to the maintenance, 
rehabilitation, restructuring, improvement, and revitalization 
of the railroads of the United States; 
(2) carry out market research, planning, economic and busi-
ness analyses, and feasibility studies to identify those business 
opportunities; 
(3) assist minority entrepreneurs and businesses in obtaining 
investment capital and debt financing; 
(4) design and carry out programs to encourage, promote, and 
assist minority entrepreneurs and businesses in getting con-
tracts, subcontracts, and projects related to those business 
opportunities; 
(5) develop support mechanisms (including venture capital, 
surety and bonding organizations, and management and techni-
cal services) that will enable minority entrepreneurs and busi-
nesses to take advantage of those business opportunities; 
(6) participate in, and cooperate with. United States Govern-
ment programs and other programs designed to provide finan-
cial, management, and other forms of support and assistance to 
minority entrepreneurs and businesses; and 
(7) make arrangements to carry out this section. 
(c) The Center has an advisory committee of 5 individuals 
appointed by the Secretary of Transportation. The Secretary shall 
make the appointments from lists of qualified individuals recom-
mended by minority-dominated trade associations in the minority 
business community. Each of those trade associations may submit a 
list of not more than 3 qualified individuals. 
(d) The United States Railway Association, the Consolidated Rail 
Corporation, and the Secretary shall provide the Center with rele-
vant information (including procurement schedules, bids, and speci-
fications on particular maintenance, rehabilitation, restructuring, 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2429 
Study. 
improvement, and revitalization projects) the Center requests in 
carrying out this section. 
§ 333. Responsibility for rail transportation unification 
and 
49 USC 333. 
coordination projects 
(a) The Secretary of Transportation may develop and make availa-
ble to interested persons any plans, proposals, and recommendations 
for mergers, consolidations, reorganizations, and other unification 
or coordination projects for rail transportation (including arrange-
ments for joint use of tracks and other facilities and acquisition or 
sale of assets) that the Secretary believes will result in a rail system 
that is more efficient and consistent with the public interest. 
(b) To achieve a more efficient, economical, and viable rail system 
in the private sector, the Secretary, when requested by a rail carrier 
and under this section, may assist in planning, negotiating, and 
carrying out a unification or coordination of operations and facilities 
of at least 2 rail carriers. 
(c)(1) The Secretary may conduct studies to determine the poten-
tial cost savings and possible improvements in the quality of rail 
transportation that are likely to result from unification or coordina-
tion of at least 2 rail carriers, through— 
(A) elimination of duplicating or overlapping operations and 
facilities; 
(B) reducing switching operations; 
(C) using the shortest or more efficient and economical routes; 
(D) exchanging trackage rights; 
(E) combining trackage and terminal or other facilities; 
(F) upgrading tracks and other facilities used by at least 2 rail 
carriers; 
(G) reducing administrative and other expenses; and 
(H) other measures likely to reduce costs and improve rail 
transportation. 
(2) When the Secretary requests information for a study under 
this section, a rail carrier shall provide the information requested. 
In carrying out this section, the Secretary may designate an officer 
or employee to get from a rail carrier information on the kind, 
quality, origin, destination, consignor, consignee, and routing of 
property. This information may be obtained without the consent of 
the consignor or consignee notwithstanding section 11910(aXl) of 
this title. When appropriate, the designated officer or employee has 
the powers described in section 203(c) of the Regional Rail Reorgani-
zation Act of 1973 to carry out this section, but a subpena must be 
issued under the signature of the Secretary. 
(dXD When requested by a rail carrier, the Secretary may hold 
conferences on and mediate disputes resulting from a proposed 
unification or coordination project. The Secretary mav invite to a 
conference— 
(A) officers and directors of an affected rail carrier; 
(B) representatives of rail carrier employees who may be 
affected; 
(C) representatives of the Interstate Commerce Commission; 
(D) State and local government officials, shippers, and con-
sumer representatives; and 
(E) representatives of the Federal Trade Commission and the 
Attorney General. 
(2) A person attending or represented at a conference on a pro-
posed unification or coordination project is not liable under the 
49 USC 11910. 
45 USC 713. 
Conferences}. 
96 STAT. 2430 
PUBLIC LAW 97-449—JAN. 12, 1983 
antitrust laws of the United States for any discussion at the confer-
ence and for any agreements reached at the conference, that are 
entered into with the approval of the Secretary to achieve or 
determine a plan of action to carry out the unification or coordina-
tion project. 
(e) When the approval of a proposal submitted by a rail carrier for 
a merger or other action is subject to the jurisdiction of the Inter-
49 use 11343. 
state Commerce Commission under section 11343(a) of this title, the 
Secretary may study the proposal to decide whether it satisfies 
49 use 11344. 
section 11344(b) of this title. When the proposal is the subject of an 
application and proceeding before the Commission, the Secretary 
may appear in any proceeding related to the application. 
49 use 334. 
§334. Limit on aviation charges 
The Secretary of Transportation may impose a charge for an 
approval, test, authorization, certificate, permit, registration, trans-
fer, or rating related to aviation that has not been approved by 
Congress only when the charge (1) was in effect on January 1,1973, 
and (2) is not more than the charge that was in effect on that date. 
However, this section does not apply to a charge for a test, authori-
zation, certificate, permit, or rating related to an airman or repair 
station administered or issued outside of the United States, as 
defined in section 101(41) of the Federal Aviation Act of 1958 (49 
U.S.C. 1301(41)). 
49 use 335. 
§ 335. Authorization of appropriations 
(a) The following amounts may be appropriated to the Secretary of 
Transportation: 
(1) for necessary expenses of the Office of the Secretary 
(including not more than $27,000 for allocation within the 
Department of Transportation of official reception and repre-
sentation expenses as determined by the Secretary) not more 
than $35,193,204 for each of the fiscal years ending September 
30,1983, and September 30,1984. 
(2) for necessary expenses of carrjdng out transportation plan-
ning, research, and development activities, including collecting 
national transportation statistics, $10,486,615 for each of the 
fiscal years ending September 30,1983, and September 30,1984. 
(3) for necessary expenses of the Minority Business Resource 
Center not otherwise provided for, not more than $10,000,000 
for each of the fiscal years ending September 30, 1983, and 
September 30,1984, to remain available until expended. 
(4) for necessary expenses of carrjdng out the duties and 
powers of the Research and Special Programs Administration, 
not more than $32,300,000 for the fiscal year ending Septem-
ber 30, 1983, and $33,300,000 for the fiscal year ending 
September 30,1984. 
(b) The Secretary may use only amounts appropriated for the 
Office of the Secretary that are authorized for that Office by subsec-
tion (a) of this section. 
CHAPTER 5—SPECIAL AUTHORITY 
SUBCHAPTER I—DUTIES AND POWERS 
Sec. 
501. Definitions and application. 
502. General authority. 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2431 
503. Service of notice and process on certain motor carriers of migrant workers 
and on motor private carriers. 
504. Reports and records. 
505. Arrangements and public records. 
506. Authority to investigate. 
507. Enforcement. 
SUBCHAPTER II—PENALTIES 
521. Civil penalties. 
522. Reporting and record keeping violations. 
523. Unlawful disclosure of information. 
524. Evasion of regulation of motor carriers. 
525. Disobedience to subpenas. 
526. General criminal penalty when specific penalty not provided. 
SUBCHAPTER I—DUTIES AND POWERS 
§ 501. Definitions and application 
49 use 50i. 
(a) In this chapter— 
(1) the definitions in section 10102 of this title apply. 
49 use 10102. 
(2) "migrant worker" has the same meaning given that term 
in section 3101 of this title. 
Post, p. 2438. 
(3) "motor carrier of migrant workers" means a motor carrier 
of migrant workers subject to the jurisdiction of the Secretary of 
Transportation under section 3102(c) of this title. 
Post, p. 2438. 
(b) This chapter only applies in carrying out— 
(1) chapter 31 of this title; and 
Post, p. 2437. 
(2) other duties and powers transferred to the Secretary under 
section 6(e) of the Department of Transportation Act (49 U.S.C. 
1655(e)) and vested in the Interstate Commerce Commission 
before October 15,1966. 
§ 502. General authority 
49 use 502. 
(a) The Secretary of Transportation shall carry out this chapter. 
(b) The Secretary may— 
(1) inquire into and report on the management of the business 
of rail carriers and motor carriers; 
(2) inquire into and report on the management of the business 
of a person controlling, controlled by, or under common control 
with those carriers to the extent that the business of the person 
is related to the management of the business of that carrier; and 
(3) obtain from those carriers and persons information the 
Secretary determines to be necessary. 
(c) In carrying out this chapter as it applies to motor carriers, 
motor carriers of migrant workers, and motor private carriers, the 
Secretary may— 
(1) confer and hold joint hearing^ with State authorities; 
(2) cooperate with ana use the services, records, and facilities 
of State authorities; and 
(3) make cooperative agreements with a State to enforce the 
safety laws and regulations of a State and the United States 
related to highway transportation. 
(d) The Secretary may subpena witnesses and records related to a 
proceeding or investigation under this chapter from a place in the 
United States to the designated place of the proceeding or investiga-
tion. If a witness disobeys a subpena, the Secretary, or a party to a 
proceeding or investigation before the Secretary, may petition the 
district court for the judicial district in which the proceeding or 
investigation is conducted to enforce the subpena. The court may 
96 STAT. 2432 
PUBLIC LAW 97-449—JAN. 12, 1983 
punish a refusal to obey an order of the court to comply with a 
subpena as a contempt of court. 
(e)(1) In a proceeding or investigation, the Secretary may take 
testimony of a witness by deposition and may order the witness to 
produce records. A party to a proceeding or investigation pending 
before the Secretary may take the testimony of a witness by deposi-
tion and may require the witness to produce records at any time 
after a proceeding or investigation is at issue on petition and 
answer. If a witness fails to be deposed or to produce records under 
this subsection, the Secretary may subpena the witness to take a 
deposition, produce the records, or both. 
(2) A deposition may be taken before a judge of a court of the 
United States, a United States magistrate, a clerk of a district court, 
or a chancellor, justice, or judge of a supreme or superior court, 
mayor or chief magistrate of a city, judge of a county court, or court 
of common pleas of any State, or a notary public who is not counsel 
or attorney of a party or interested in the proceeding or investiga-
tion. 
Notice. 
(3) Before taking a deposition, reasonable notice must be given in 
writing by the party or the attorney of that party proposing to take 
a deposition to the opposing party or the attorney of record of that 
party, whoever is nearest. The notice shall state the name of the 
witness and the time and place of taking the deposition. 
(4) The testimony of a person deposed under this subsection shall 
be taken under oath. The person taking the deposition shall prepare, 
or cause to be prepared, a transcript of the testimony taken. The 
transcript shall be subscribed by the deponent. 
(5) The testimony of a witness who is in a foreign country may be 
taken by deposition before an officer or person designated by the 
Secretary or agreed on by the parties by written stipulation filed 
with the Secretary. The deposition shall be filed with the Secretary 
promptly. 
(f) Each witness summoned before the Secretary or whose deposi-
tion is taken under this section and the individual taking the 
deposition are entitled to the same fees and mileage paid for those 
services in the courts of the United States. 
49 use 503. 
§ 503. Service of notice and process on certain motor carriers of 
migrant workers and on motor private carriers 
(a) Each motor carrier of migrant workers (except a motor con-
tract carrier) and each motor private carrier shall designate an 
agent by name and post office address on whom service of notices in 
a proceeding before, and actions of, the Secretary of Transportation 
may be made. The designation shall be in writing and filed with the 
Secretary. The carrier also shall file the designation with the au-
thority of each State in which it operates having jurisdiction to 
regulate transportation by motor vehicle in intrastate commerce on 
the highways of that State. The designation may be changed at any 
time in the same manner as originally made. 
(b) A notice of the Secretary to a carrier under this section is 
served personally or by mail on that carrier or its designated £igent. 
Service by mail on the designated agent is made at the address filed 
for the agent. When notice is given by mail, the date of mailing is 
considered to be the time when the notice is served. If the carrier 
does not have a designated agent, service may be made by posting a 
copy of the notice in the office of the secretary or clerk of the 
authority having jurisdiction to regulate transportation by motor 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2433 
vehicle in intrastate commerce on the highways of the State in 
which the carrier maintains headquarters and with the Secretary, 
(c) Each of those carriers, including such a carrier operating in the 
United States while providing transportation between places in a 
foreign country or between a place in one foreign country and a 
place in another foreign country, shall designate an agent in each 
State in which it operates by name and post office address on whom 
process issued by a court with subject matter jurisdiction may be 
served in an action brought against that carrier. The designation 
shall be in writing and filed with the Secretary and with the 
authority of each State in which the carrier operates having juris-
diction to regulate transportation by motor vehicle in intrastate 
commerce on the highways of that State. If a designation under this 
subsection is not made, service may be made on any agent of the 
carrier in that State. The designation may be changed at any time 
in the same manner as originally made. 
§504. Reports and records 
49 use 504. 
(a) In this section— 
Definitions. 
(1) "association" means an organization maintained by or in 
the interest of a group of rail carriers, motor carriers, motor 
carriers of migrant workers, or motor private carriers that 
performs a service, or engages in activities, related to transpor-
tation of that carrier. 
(2) "carrier" means a motor carrier, motor carrier of migrant 
workers, motor private carrier, and rail carrier. 
(3) "lessor" means a person owning a railroad that is leased to 
and operated by a rail carrier, and a person leasing a right to 
operate as a motor carrier, motor carrier of migrant workers, or 
motor private carrier to another. 
(4) "lessor" and "carrier" include a receiver or trustee of that 
lessor or carrier, respectively. 
(b)(1) The Secretary of Transportation may prescribe the form of 
records required to be prepared or compiled under this section by— 
(A) carriers and lessors; and 
(B) a person furnishing cars or protective service against heat 
or cold to or for a rail carrier. 
(2) The Secretary may require— 
(A) carriers, lessors, associations, or classes of them as the 
Secretary may prescribe, to file annual, periodic, and special 
reports with the Secretary containing answers to questions 
asked by the Secretary; and 
(B) a person furnishing cars or protective service against heat 
or cold to a rail carrier to file reports with the Secretary 
containing answers to questions about those cars or service. 
(c) The Secretary, or an employee designated by the Secretary, 
may on demand and display of proper credentials— 
(1) inspect the equipment of a carrier or lessor; and 
(2) inspect and copy any record of— 
(A) a carrier, lessor, or association; 
(B) a person controlling, controlled by, or under common 
control with a carrier, if the Secretary considers inspection 
relevant to that person's relation to, or transaction with, 
that carrier; and 
(C) a person furnishing cars or protective service against 
heat or cold to or for a rail carrier if the Secretary pre-
scribed the form of that record. 
96 STAT. 2434 
PUBLIC LAW 97-449—JAN. 12, 1983 
(d) The Secretary may prescribe the time period during which 
records must be preserved by a carrier, lessor, and person furnishing 
cars or protective service. 
(e)(1) An annual report shall contain an account, in as much detail 
as the Secretary may require, of the affairs of a carrier, lessor, or 
association for the 12-month period ending on the 31st day of 
December of each year. The annual report shall be filed with the 
Secretary by the end of the 3d month after the end of the year for 
which the report is made unless the Secretary extends the filing 
date or changes the period covered by the report. 
(2) The annual report and, if the Secretary requires, any other 
report made under this section shall be made under oath. 
(f) No part of a report of an accident occurring in operations of a 
motor carrier, motor carrier of migrant workers, or motor private 
carrier and required by the Secretary, and no part of a report of an 
investigation of the accident made by the Secretary, may be ad-
mitted into evidence or used in a civil action for damages related to 
a matter mentioned in the report or investigation. 
49 use 505. 
§ 505. Arrangements and public records 
(a) The Secretary of Transportation may require a motor carrier, 
motor carrier of migrant workers, or motor private carrier to file a 
copy of each arrangement related to a matter under this chapter 
that it has with another person. The Secretary may disclose the 
existence or contents of an arrangement between a motor contract 
carrier and a shipper filed under this section only if the disclosure is 
consistent with the public interest and is made as part of the record 
in a formal proceeding. 
(b) Except as provided in subsection (a) of this section, all arrange-
ments and statistics, tables, and figures contained in reports filed 
with the Secretary by a motor carrier under this chapter are public 
records. Such a public record, or a copy or extract of it, certified by 
the Secretary under seal is competent evidence in a proceeding of 
the Secretary, and, except as provided in section 504(0 of this title, 
in a judicial proceeding. 
49 use 506. 
§ 506. Authority to investigate 
(a) The Secretary of Transportation may begin an investigation 
under this chapter on the initiative of the Secretary or on com-
plaint. If the Secretary finds that a rail carrier, motor carrier, motor 
carrier of migrant workers, or motor private carrier is violating this 
chapter, the Secretary shall take appropriate action to compel 
Notice. 
compliance with this chapter. The Secretary may take action only 
after giving the carrier notice of the investigation and an oppor-
tunity for a proceeding. 
Complaint. 
(b) A person, including a governmental authority, may file with 
the Secretary a complaint about a violation of this chapter by a 
carrier referred to in subsection (a) of this section. The complaint 
must state the facts that are the subject of the violation. The 
Secretary may dismiss a complaint the Secretary determines does 
not state reasonable grounds for investigation and action. However, 
the Secretary may not dismiss a complaint made against a rail 
carrier because of the absence of direct damage to the complainant. 
(c) The Secretary shall make a written report of each proceeding 
involving a rail carrier or motor carrier conducted and furnish a 
copy to each party to that proceeding. The report shall include the 
findings, conclusions, and the order of the Secretary. The Secretary 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2435 
may have the reports published for public use. A published report of 
the Secretary is competent evidence of its contents. 
§ 507. Enforcement 
49 use 5
0
7 
(a) The Secretary of Transportation may bring a civil action to Civil action. 
enforce— 
(1) an order of the Secretary under this chapter when violated 
by a rail carrier; and 
(2) this chapter or a regulation or order of the Secretary 
under this chapter when violated by a motor carrier, motor 
carrier of migrant workers, motor private carrier, or freight 
forwarder. 
(b) The Attorney General may, and on request of the Secretary 
shall, bring court proceedings to enforce this chapter or a regulation 
or order of the Secretary under this chapter and to prosecute a 
person violating this chapter or a regulation or order of the 
Secretary. 
(c) A person injured because a rail carrier or freight forwarder 
does not obey an order of the Secretary under this chapter may 
bring a civil action to enforce that order under this subsection. 
(d) In a civil action brought under subsection (aX2) of this section 
against a motor carrier, motor carrier of migrant workers, or motor 
private carrier— 
(1) trial is in the judicial district in which the carrier operates; 
(2) process may be served without regard to the territorial 
limits of the district or of the State in which the action is 
brought; and 
(3) a person participating with the carrier in a violation may 
be joined in the civil action without regard to the residence of 
the person. 
SUBCHAPTER II—PENALTIES 
§ 521. Civil penalties 
49 use 521 
(a)(1) A person required under section 504 of this title to make, 
prepare, preserve, or submit to the Secretary of Transportation a 
record about rail carrier transportation, that does not make, pre-
pare, preserve, or submit that record as required under that section, 
is liable to the United States Government for a civil penalty of $500 
for each violation. 
(2) A rail carrier, and a lessor, receiver, or trustee of that carrier, 
violating section 504(cXl) of this title, is liable to the Government for 
a civil penalty of $100 for each violation. 
(3) A rail carrier, a lessor, receiver, or trustee of that carrier, a 
person furnishing cars or protective service against heat or cold, and 
an officer, agent, or employee of one of them, required to make a 
report to the Secretary or answer a question, that does not make a 
report to the Secretary or does not specifically, completely, and 
truthfully answer the question, is liable to the Government for a 
civil penalty of $100 for each violation. 
(4) A separate violation occurs for each day a violation under this 
subsection continues. 
(5) Trial in a civil action under this subsection is in the judicial 
district in which the rail carrier has its principal operating office or 
in a district through which the railroad of the rail carrier runs. 
96 STAT. 2436 
PUBLIC LAW 97-449—JAN. 12, 1983 
(bXD A person required to make a report to the Secretary, answer 
a question, or make, prepare, or preserve a record under this 
chapter about transportation by motor carrier, or an officer, agent, 
or employee of that person, that (A) does not make the report, (B) 
does not specifically, completely, and truthfully answer the ques-
tion, or (C) does not make, prepare, or preserve the record in the 
form and manner prescribed by the Secretary, is liable to the 
Government for a civil penalty of not more than $500 for each 
violation and for not more than $250 for each additional day the 
violation continues. 
(2) Tried in a civil action under this subsection is in the judicial 
district in which (A) the motor carrier has its principal office, (B) the 
motor carrier was authorized to provide transportation under sub-
49 use 10101. 
title IV of this title when the violation occurred, (C) the violation 
occurred, or (D) the offender is found. Process in the action may be 
served in the judicial district of which the offender is an inhabitant 
or in which the offender may be found. 
49 use 522. 
§ 522. Reporting and record keeping violations 
(a) A person required to make a report to the Secretary of 
Transportation, or make, prepare, or preserve a record, under sec-
tion 504 of this title about transportation by rail carrier, that 
knowingly and willfully (1) makes a false entry in the report or 
record, (2) destroys, mutilates, changes, or by another means falsi-
fies the record, (3) does not enter business related facts and transac-
tions in the record, (4) makes, prepares, or preserves the record in 
violation of a regulation or order of the Secretary, or (5) files a false 
report or record with the Secretary, shall be fined not more than 
$5,000, imprisoned for not more than 2 years, or both. 
(b) A person required to make a report to the Secretary, answer a 
question, or make, prepare, or preserve a record under section 504 of 
this title about transportation by motor carrier, motor carrier of 
migrant workers, or motor private carrier, or an officer, agent, or 
employee of that person, that (1) willfully does not make that report, 
(2) willfully does not specifically, completely, and truthfully answer 
that question in 30 days from the date the Secretary requires the 
question to be answered, (3) willfully does not make, prepare, or 
preserve that record in the form and manner prescribed by the 
Secretary, (4) knowingly and willfully falsifies, destroys, mutilates, 
or changes that report or record, (5) knowingly and willfully files a 
false report or record with the Secretary, (6) knowingly and willfully 
makes a false or incomplete entry in that record about a business 
related fact or transaction, or (7) knowingly and willfully meikes, 
prepares, or preserves a record in violation of a regulation or order 
of the Secretary, shall be fined not more than $5,000. 
49 use 523. 
§ 523. Unlawful disclosure of information 
(a) A motor carrier, or an officer, receiver, trustee, lessee, or 
employee of that carrier, or another person authorized by that 
carrier to receive information from that carrier, may not knowingly 
disclose to another person (except the shipper or consignee), and 
another person may not solicit, or knowingly receive, information 
about the nature, kind, quantity, destination, consignee, or routing 
of property tendered or delivered to that carrier without the consent 
of the shipper or consignee if that information may be used to the 
detriment of the shipper or consignee or may disclose improperly to 
a competitor the business transactions of the shipper or consignee. 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2437 
(b) This chapter does not prevent a motor carrier, motor carrier 
of migrant workers, or motor private carrier from giving 
information— 
(1) in response to legal process issued under authority of a 
court of the United States or a State; 
(2) to an officer, employee, or agent of the United States 
Government, a State, or a territory or possession of the United 
States; and 
(3) to another motor carrier, motor carrier of migrant work-
ers, or motor private carrier, or its agent, to adjust mutual 
traffic accounts in the ordinary course of business. 
(c) An employee of the Secretary of Transportation delegated to 
make an inspection under section 504 of this title who knowingly 
discloses information acquired during that inspection, except as 
directed by the Secretary, a court, or a judge of that court, shall be 
fined not more than $500, imprisoned for not more than 6 months, 
or both. 
§ 524. Evasion of regulation of motor carriers 
49 use 524. 
A person, or an officer, employee, or agent of that person, that by 
any means knowingly and willfully tries to evade regulation of 
motor carriers under this chapter shall be fined at least $200 but not 
more than $500 for the first violation and at least $250 but not more 
than $2,000 for a subsequent violation. 
§ 525. Disobedience to subpenas 
4
9 use 525. 
A motor carrier, motor carrier of migrant workers, or motor 
private carrier not obeying a subpena or requirement of the Secre-
tary of Transportation under this chapter to appear and testify or 
produce records shall be fined at least $100 but not more than 
$5,000, imprisoned for not more than one year, or both. 
§ 526. General criminal penalty when speciflc penalty not provided 
4
9 use 526. 
When another criminal penalty is not provided under this chap-
ter, a person that knowingly and willfully violates a provision of this 
chapter, or a regulation or order of the Secretary of Transportation 
under this chapter, related to transportation by motor carrier, 
motor carrier of migrant workers, or motor private carrier, shall be 
fined at least $100 but not more than $500 for the first violation and 
at least $200 but not more than $500 for a subsequent violation. A 
separate violation occurs each day the violation continues. 
SUBTITLE II—TRANSPORTATION PROGRAMS 
PART A~[RESERVED—REGIONAL RAIL REORGANIZATION] 
PART B—[RESERVED—OTHER RAIL PROGRAMS] 
PART C—MOTOR VEHICLES 
CHAPTER 
Sec. 
81. MOTOR CARRIER SAFETY 
3101 
96 STAT. 2438 
PUBLIC LAW 97-449—JAN. 12, 1983 
PART EMRESERVED—AVIATION] 
PART E—[RESERVED—AVIATION FACILITIES AND NOISE 
ABATEMENT] 
PART F-[RESERVED—MISCELLANEOUS] 
[PARTS A AND B—RESERVED] 
PART C—MOTOR VEHICLES 
CHAPTER 31—MOTOR CARRIER SAFETY 
Sec. 
3101. Definitions. 
3102. Requirements for qualifications, hours of service, safety, and equipment 
standards. 
3103. Research, investigation, and testing. 
3104. Identification of motor vehicles. 
4
9 use 3101 
§ 3101. Definitions 
In this chapter— 
(1) "migrant worker" means an individual going to or from 
emplo3nnent in agriculture as defined in section 3121(g) of 
the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) or section 
203(0 of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)). 
(2) "motor carrier", "motor common carrier", "motor private 
carrier", "motor vehicle", and "United States" have the same 
49 use 10102. 
meanings given those terms in section 10102 of this title. 
(3) "motor carrier of migrant workers" means a person 
(except a motor common carrier) providing transportation 
4
9 use 10521. 
referred to in section 10521(a) of this title by a motor vehicle 
(except a pgissenger automobile or station wagon) for at least 3 
migrant workers at a time to or from their employment, but the 
term does not include a migrant worker providing trsinsporta-
tion for migrant workers and their immediate families. 
49 use 3102. 
§ 3102. Requirements for qualiflcations, hours of service, safety, 
and equipment standards 
(a) This section applies to transportation— 
4
9 use 10521, 
(1) described in sections 10521 and 10522 of this title; and 
10522. 
(2) to the extent the transportation is in the United States and 
is between places in a foreign country, or between a place in a 
foreign country and a place in another foreign country. 
(b) The Secretary of Transportation may prescribe requirements 
for— 
(1) qualifications and maximum hours of service of employees 
of, and safety of operation and equipment of, a motor carrier; 
and 
(2) qualifications and maximum hours of service of employees 
of, and standards of equipment of, a motor private carrier, when 
needed to promote safety of operation. 
(c) The Secretary may prescribe requirements for the comfort of 
passengers, qualifications and maximum hours of service of opera-
tors, and safety of operation and equipment of a motor carrier of 
migrant workers. The requirements only apply to a carrier trans-
porting a migrant worker— 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2439 
(1) at least 75 miles; and 
(2) across the boundary of a State, territory, or possession of 
the United States. 
§ 3103. Research, investigation, and testing 
49 use 3103 
(a) The Secretary of Transportation may investigate and report on 
the need for Federal regulation of sizes, weight, and combinations of 
motor vehicles and qualifications and maximum hours of service of 
employees of a motor carrier subject to subchapter II of chapter 105 
of this title and a motor private carrier. The Secretary shall use the 
services of each department, agency, or instrumentality of the 
United States Government and each organization of motor carriers 
having special knowledge of a matter being investigated. 
(b) In carrying out this chapter, the Secretary may use the serv-
ices of a department, agency, or instrumentality of the Government 
having special knowledge about safety, to conduct scientific and 
technical research, investigation, and testing when necessary to 
promote safety of operation and equipment of motor vehicles. The 
Secretary may reimburse the department, agency, or instrumen-
tality for the services provided. 
§ 3104. Identification of motor vehicles 
49 use 3104. 
(a) The Secretary of Transportation may— 
(1) issue and require the display of an identification plate on a 
motor vehicle used in transportation provided by a motor pri-
vate carrier and a motor carrier of migrant workers subject to 
section 3102(c) of this title (except a motor contract carrier); and 
(2) require each of those motor private carriers and motor 
carriers of migrant workers to pay the reasonable cost of the 
plate. 
(b) A motor private carrier or a motor carrier of migrant workers 
may use an identification plate only as authorized by the Secretary. 
[PARTS D-F—RESERVED] 
TRANSFER OF FUNCTIONS 
SEC. 2. (a) The Federal-Aid Highway Act of 1966 (Public 23 use loi note, 
Law 89-574, 80 Stat. 766), the Federal-Aid Highway Act of 1962 ^^^ note, 1
0
8 
(Public Law 87-866, 76 Stat. 1145), the Federal-Aid Highway Act of 93 use 307 note 
1954 (ch. 181, 68 Stat. 70), the Act of September 26,1961 (Public Law 
87-307, 75 Stat. 670), the Highway Revenue Act of 1956 (ch. 462, 70 23 use 1
2
0 note, 
Stat. 387), the Highway Beautification Act of 1965 (Public Law 89- ifTr^r^iQi f. 
285, 79 Stat. 1028), the Alaska Omnibus Act (Public Law 86-70, 73 {35 note 
Stat. 141), the Joint Resolution of August 28, 1965 (Public Law 89- 48 use note 
139, 79 Stat. 578), the Act of April 27, 1962 (Public Law 87-441, 76 prec. 21. 
Stat. 59), and the Highway Safety Act of 1966 (Public Law 89-564, 80 23 use 101 note. 
Stat. 731) are amended by striking out the words "Secretary of 
Commerce" wherever they appear and substituting "Secretary of 
Transportation". 
(b) Reorganization Plan No. 7 of 1949 (5 App. U.S.C.) is amended 
by striking out the words "Department of Commerce" and "Secre-
tary of Commerce" and substituting "Department of Transporta-
tion" and "Secretary of Transportation", respectively. 
(c) The Act of March 19, 1918 (15 U.S.C. 261-264), the Act of 
March 4,1921 (15 U.S.C. 265), and the Uniform Time Act of 1966 (15 
U.S.C. 260, 260a, 261-263, 266, 267) are amended by striking out the 
23 u s e 402 note. 
96 STAT. 2440 
PUBLIC LAW 97-449—JAN. 12, 1983 
words "Interstate Commerce Commission" wherever they appear 
and substituting "Secretary of Transportation". 
(d)(1) Section 7 of the Act of March 4,1915 (33 U.S.C. 471), rule 9 of 
section 1 of the Act of February 8, 1895 (33 U.S.C. 258), section 5 of 
the Act of August 18, 1894 (33 U.S.C. 499), sections 7 and 13 of the 
Act of June 21, 1940 (33 U.S.C. 517 and 523), the Act of August 21, 
1935 (33 U.S.C. 503-507), the Act of March 23, 1906 (33 U.S.C. 491-
498), and the General Bridge Act of 1946 (33 U.S.C. 525-533) are 
amended by striking out the words "Secretary of War" wherever 
they appear and substituting "Secretary of Transportation". 
(2) The 5th paragraph of section 1 of the Act of June 21, 1940 (33 
U.S.C. 511), is amended to read as follows: 
"The term 'Secretary' means the Secretary of Transportation.". 
(3) Section 502(c) of the General Bridge Act of 1946 (33 U.S.C. 
525(c)) is amended further by striking out the words "Public Roads 
Administration" and substituting "Secretary of Transportation". 
(eXD Section 2(h) of the Oil Pollution Act, 1961 (33 U.S.C. 1001(h)) 
is amended to read as follows: 
"(h) The term 'Secretary' means the Secretary of Transporta-
tion;". 
33 use 1001 
(2) The amendment made by paragraph (1) of this subsection is 
^^^- 
repealed when the amendment to section 2(h) of the Oil Pollution 
Act, 1961, made by section 2(1XF) of the Oil Pollution Act Amend-
ments of 1973 (Public Law 93-119; 87 Stat. 424), becomes effective. 
(f) Section 9 of the Act of March 3,1899 (33 U.S.C. 401), is amended 
to read as follows: 
"SEC. 9. It shall not be lawful to construct or commence the 
construction of any bridge, causeway, dam, or dike over or in any 
port, roadstead, haven, harbor, canal, navigable river, or other 
navigable water of the United States until the consent of Congress 
to the building of such structures shall have been obtained and until 
the plans for (1) the bridge or causeway shall have been submitted to 
and approved by the Secretary of Transportation, or (2) the dam or 
dike shall have been submitted to and approved by the Chief of 
Engineers and Secretary of the Army. However, such structures 
may be built under authority of the legislature of a State across 
rivers and other waterways the navigable portions of which lie 
wholly within the limits of a single State, provided the location and 
plans thereof are submitted to and approved by the Secretary of 
Transportation or by the Chief of Engineers and Secretary of the 
Army before construction is commenced. When plans for any bridge 
or other structure have been approved by the Secretary of Transpor-
tation or by the Chief of Engineers and Secretary of the Army, it 
shall not be lawful to deviate from such plans either before or after 
completion of the structure unless modification of said plans has 
previously been submitted to and received the approval of the 
Secretary of Transportation or the Chief of Engineers and the 
Secretary of the Army. The approval required by this section of 
the location and plans or any modification of plans of any bridge or 
causeway does not apply to any bridge or causeway over waters that 
are not subject to the ebb and flow of the tide and that are not used 
and are not susceptible to use in their natural condition or by 
reasonable improvement as a means to transport interstate or 
foreign commerce.". 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2441 
CONFORMING EXECUTIVE PAY SCHEDULE PROVISIONS 
SEC. 3, Title 5, United States Code, is amended as follows: 
(1) In section 5313, add at the end thereof the following new 
item: 
"Administrator, Federal Highway Administration.". 
(2) In section 5314, strike out "Administrator, Federal High-
way Administration." and substitute "Administrator of the 
National Highway Traffic Safety Administration.". 
(3) In section 5315, strike out "Director of Public Roads." and 
substitute "Deputy Federal Highway Administrator.". 
(4) In section 5316, strike out "Director, National Highway 
Safety Bureau." and substitute "Assistant Federal Highway 
Administrator.". 
(5) In section 5316, strike out "Director, National Traffic 
Safety Bureau." and substitute "Deputy Administrator of the 
National Highway Traffic Safety Administration.". 
Standards and 
criteria. 
"Savings to 
shippers." 
CONFORMING PROVISIONS 
SEC. 4. (a) Section 103 of the Water Resources Planning Act (42 
U.S.C. 1962a-2) is amended— 
(1) by inserting the subsection designation "(a)" at the begin-
ning of the text of the section; and 
(2) by adding at the end of the section the following new 
subsection: 
"(b) The Council shall develop standards and criteria for economic 
evaluation of water resource projects. For the purpose of those 
standards and criteria, the primary direct navigation benefits of a 
water resource project are defined as the product of the savings to 
shippers using the waterway and the estimated traffic that would 
use the waterway. 'Savings to shippers' means the difference 
between (1) the freight rates or charges prevailing at the time of the 
study for the movement by the alternative means, and (2) those 
which would be charged on the proposed waterway. Estimated 
traffic that would use the waterway will be based on those freight 
rates, taking into account projections of the economic growth of the 
area.". 
(b) Effective October 17,1978— 
(1) section 202(f) of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (Public Law 94-210, 90 Stat. 39) is repealed; 49 use i note 
(2) sections 304(j) and 603 of the Regional Rail Reorganization 
Act of 1973 (Public Law 93-236, 87 Stat. 985) are repealed; 
(3) section 4(d) of the Act of October 17, 1978 (Public Law 
95-473, 92 Stat. 1470), is amended by striking out "chapter 169" 
and substituting "chapter 292"; and 
(4) section 10504 of title 49 is amended by adding at the end of 
the section the following new subsection: 
"(c) Notwithstanding subsection (b) of this section, a local public 
body, described in subsection (b), is subject to applicable laws of the 
United States related to— 
"(1) safety; 
"(2) the representation of employees for collective bargaining; 
and 
"(3) employment retirement, annuity, and unemplo3anent sys-
tems or other provisions related to dealings between employees 
and employers.". 
45 u s e 744, 793. 
49 u s e note 
prec. 10101. 
96 STAT. 2442 
PUBLIC LAW 97-449—JAN. 12, 1983 
(c) Section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. 
1348(b)) is amended by adding at the end thereof the following new 
sentence: "The Secretary may, subject to such regulations, supervi-
sion, and review as he may prescribe, from time to time make such 
provision as he shall deem appropriate authorizing the performance 
by a Federal department or agency, with the consent of the depart-
ment or agency, of any function under this subsection.". 
CONFORMING CROSS-REFERENCES 
SEC. 5. (a) Title 11, United States Code, is amended as follows: 
(1) In item 1166 of the analysis of chapter 11, strike out 
"Interstate Commerce Act" and substitute "subtitle IV of title 
49". 
(2) In section 1166— 
(A) in the catchline, strike out "Interstate Commerce 
Act" and substitute "subtitle IV of title 49"; and 
(B) in the text, strike out "the Interstate (Commerce Act 
(49 U.S.C. 1 et seq.)" and substitute "subtitle IV of title 49". 
(3) In section 1169, strike out "the Interstate (Commerce Act 
(49 U.S.C. 1 et seq.)" and substitute "subtitle IV of title 49". 
(b) Section 42(e) of title 14, United States Code, is amended by 
striking out "section 9(dXl) of the Department of Transportation Act 
(80 Stat. 944; 49 U.S.C. 1657)" and substituting "section 324(d) of title 
49". 
(c) Section 2341(3) of title 18, United States Code, is amended by 
striking out "the Interstate Commerce Act" and substituting "subti-
tle IV of title 49". 
(d) Title 23, United States Code, is amended as follows: 
(1) In section 117(e), strike out "section 4(f) of the Department 
of Transportation Act (49 U.S.C. 1653(0)" and substitute "sec-
tion 303 of title 49". 
(2) In the analysis of chapter 3, strike out item 303. 
(3) In section 322(a), strike out ", conducted under authority of 
the Act entitled 'An Act to authorize the Secretary of Com-
merce to undertake research and development in high-speed 
ground transportation, and for other purposes', approved Sep-
tember 30,1965 (49 U.S.C. 1631 et seq.)". 
(e) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is 
amended as follows: 
26 use 7701. 
(1) In section 7701(aX33XF), strike out "part III of the Inter-
state Commerce Act" and substitute "subchapter III of chapter 
105 of title 49". 
(2) In section 7701(aX33XH), strike out "part I of the Interstate 
Commerce Act" and substitute "subchapter I of chapter 105 of 
title 49". 
(f) Section 1337 (a) and (b) of title 28, United States Code, is 
amended by striking out "section 20(11) of part I of the Interstate 
Commerce Act (49 U.S.C. 20(11)) or section 219 of part II of such Act 
(49 U.S.C. 319)" and substituting "section 11707 of title 49". 
(g) Subtitle rV of title 49, United States Code, is amended as 
follows: 
(1) In section 10526(aX5), strike out "section 1141j(a) of title 
12" and substitute "section 15(a) of the Agricultural Marketing 
Act(12US.C. 1141j(a))". 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2443 
(2) In section 10544(dXlXB), strike out "chapters 23 and 23A of 
4
9 use 10544. 
title 46" and substitute "the Shipping Act, 1916 (46 U.S.C. 801 et 
seq.) or the Intercoastal Shipping Act, 1933 (46 U.S.C. 843-848)". 
(3) In section 10562(1), strike out "section 1141j(a) of title 12" 
and substitute "section 15(a) of the Agricultural Marketing Act 
(12U.S.C. 1141j(a))". 
(4) In the first sentence of section 10705(c), strike out "subti-
tle" and substitute "title". 
(5) In section 10703(aX4XDXii), strike out "section 801 or sec-
tions 843-849 of title 46" and substitute "section 1 of the 
Shipping Act, 1916 (46 U.S.C. 801) or the Intercoastal Shipping 
Act, 1933 (46 U.S.C. 843-848)". 
(6) In section 10925(dXl), strike out "certificate" and substi-
tute "certificate or permit". 
(7) In section 11346(a), strike out "section 1654(c)" and substi-
tute "section 333(c)". 
(8) In section 11348(a)— 
(A) insert "504(f)," immediately before "10764"; and 
(B) strike out "11711,". 
(9) In section 11361(b), strike out "section 205" and substitute 
"subchapter IV". 
LEGISLATIVE PURPOSE AND CONSTRUCTION 
SEC. 6. (a) Sections 1-5 of this Act restate, without substantive 
49 use note 
change, laws enacted before November 15, 1982, that were replaced 
P^®^ ^^^• 
by those sections. Those sections may not be construed as making a 
substantive change in the laws replaced. Laws enacted after Novem-
ber 14, 1982, that are inconsistent with this Act supersede this Act 
to the extent of the inconsistency. 
(b) A reference to a law replaced by sections 1-5 of this Act, 
including a reference in a regulation, order, or other law, is deemed 
to refer to the corresponding provision enacted by this Act. 
(c) An order, rule, or regulation in effect under a law replaced by 
sections 1-5 of this Act continues in effect under the corresponding 
provision enacted by this Act until repealed, amended, or supersed-
ed. 
(d) An action taken or an offense committed under a law replaced 
by sections 1-5 of this Act is deemed to have been taken or commit-
ted under the corresjponding provision enacted by this Act. 
(e) An inference of a legislative construction is not to be drawn by 
reason of the location in the United States Code of a provision 
enacted by this Act or by reason of the caption or catehline thereof. 
(f) If a provision enacted by this Act is held invalid, all valid 
provisions that are severable from the invalid provision remain in 
effect. If a provision of this Act is held invalid in any of its 
applications, the provision remains valid for all valid applications 
that are severable from any of the invalid applications. 
REPEALS 
SEC. 7. (a) The repeal of a law by this Act may not be construed as 49 use note 
a legislative inference that the provision was or was not in effect 
P'"^'^ ^^^ 
before its repeal. 
(b) The laws specified in the following schedule are repealed, 
except for rights and duties that matured, penalties that were 
incurred, and proceedings that were begun before the date of enact-
ment of this Act: 
96 STAT. 2444 
PUBLIC LAW 97-449—JAN. 12, 1983 
Schedule of Laws Repealed 
Statutes at Large 
Date 
orPuUk 
Law 
Sectimi 
Statutes at Laige 
Vol-
ume 
1887 
FBb.4 
1910 
Apr. 14 
1986 
Aug. 9 
1967 
Aug. 26 
1940 
Sept 18 
19S6 
Aug. 8 
1968 
Aug. 28 
1961 
Oct4 
1962 
Oct 11 
1964 
Aug. 14 
1966 
SqitSO 
1966 
Se|it9 
Oct. 15 
Aug. 28 
1970 
May 21 
Dec 81 
1972 
Aug. 22 
1974 
Jan. 2 
Oct 28 
1976 
Jan. 8 
104. 
160. 
496. 
818. 
722. 
25(B). 208(aX22). (28). 204(aXl) ("qualifica-
^08" throu^ period). (2) ("qualifica-
tions" throuf^ period), (8), mi, (5). 
220(0.226. 
"Sec. 26(g)" 
14(b) (related to "Sec. 25(g)"). 20(b)(4). 24. 
1,2. 
85-726. 
87-867. 
87-798. 
801(a). <b), 802(aHd). (f). (h). (i). (k). 808(a)-
(c)(1), (d).(e). 811.818(e). 
205.. 
1001(h) 
805(16)(B).(C). 
8»-664. 
89-670. 
201 
2.8(aHe). 4(a). (b). (e)-<g). 5(aHe). 6(a)(1)(B), 
(C). (Bhm, (2)(A) (rdated to {4 of the 
Act of Sept 80.1966). (4). (6)(B). (b)(1), (2), 
(c)(1) (Ist sentence proviBo, 2d. last sen-
tences). (eX5). mSHDX (f)(2). (8), (sKD-
(4)(B). (E). (5). (6). 7. 8(g)(2). (h). 9 ( i S ^ 
(jH«D(8), (r), 11.12,17. 
90-496. 
18(b). 
91-268. 
91-605. 
51(a)(1). 
202(a)... 
92-401. 
6.. 
98-286. 
98-496. 
16. 
118(d). (e).. 
24 
50 
54 
70 
72 
76 
76 
78 
79 
80 
80 
82 
84 
84 
87 
379 
546 
887 
919.922,926 
744,746,747, 
748,749, 
751,758 
791 
864 
424 
785 
981,988.984, 
939,940, 
941.948. 
944.945, 
947.949 
824 
234 
1789 
617 
1022 
1588 
2168 
PUBLIC LAW 97-449—JAN. 12, 1983 
96 STAT. 2445 
Schedule of Laws Repealed—Continued 
Statutes at Large 
Date 
Chapter or Public 
Law 
Section 
Statutes at Large 
Vol-
ume 
Page 
1976 
Feb. 5 
Julys 
July 12 
1978 
Mar. 27 
Oct. 24 
1980 
Feb. 15 
May 30 
Oct. 3 
Oct. 19 
1981 
Aug. 6 
Aug. 13 
94-210 
94-348 
94-358 
95-251 
95-504 
96-192 
96-254 
96-371 
96-470 
97-31.. 
97-35.. 
401, 
905, 
906 
6 
16 
2(aX12) 
"Sec. 9(a)" 
45 
28 
207 
2 
112(e) 
12(8) 
1194(a), 1197 
94 
61, 148, 149 
820 
882 
183 
1753 
48 
413 
1362 
2240 
154 
702, 
703 
United States C
k
)
d
e 
Title 
23 
Section 
303 
Reorganization Plans 
Year 
1968 
Plan 
No. 
2 
Section 
2,3 
Statutes at Large 
Vol-
ume 
82 
Page 
1369 
Approved January 12, 1983. 
LEGISLATIVE HISTORY—H.R. 6993: 
CONGRESSIONAL RECORD, Vol. 128 (1982): 
Dec. 13, considered and passed House. 
Dec. 19, considered and passed Senate.