49 U.S.C. § 322 — General powers

submitted 43 years ago by Pub. L. 97-449 to r/title-49-TRANSPORTATION · 386 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Transportation and department officers can issue regulations to carry out their duties. The Secretary can delegate most duties to staff. A few specific duties, though, must stay inside the right agency. The Secretary can also spend money on aviation work and use other agencies' resources. Sometimes the Secretary can buy special equipment without competitive bidding.

(a) The Secretary of Transportation may issue regulations to carry out the Secretary's own duties and powers. Any officer of the Department may also issue regulations to carry out that officer's own duties and powers. (b) The Secretary may hand off — delegate — duties and powers to an officer or employee of the Department, and let that person pass them along further. Any officer of the Department may do the same with their own duties and powers, passing them to another officer or employee. But the specific duties and powers described in sections 103(c)(1), 104(c)(1), and 106(g)(1) of this title can only be delegated within the Administration that holds them — never to someone outside it. (c) When it's appropriate, and on a reimbursable basis (meaning the Department pays back what it uses), the Secretary may, in carrying out aviation duties and powers: use the services, equipment, people, and facilities of other civilian or military government departments, agencies, or bodies, if they agree; work with those bodies to set up and use aviation services, equipment, and facilities for the Department; and work with, and use the services, records, and facilities of, state, territorial, municipal, and other government agencies. (d) The Secretary may spend money to carry out aviation duties and powers, including for: rent and personal services; travel expenses; office furniture, equipment, supplies, law books, newspapers, periodicals, and reference books, including trading them for others; printing and binding; joining and working with domestic or foreign organizations connected to the civil aviation industry or the field of aeronautics; paying allowances and benefits to employees stationed abroad, at the same level allowed for Foreign Service employees of similar rank; studying and investigating aeronautics; and buying, trading, operating, and maintaining passenger aircraft, cars, and other property. (e) The Secretary may negotiate the purchase of technical or special aviation-related property directly, without advertising for competitive bids, if the Secretary decides that either making the property would take a big upfront investment or a long time to prepare, or that advertising for bids would likely cost the government more money — by duplicating an investment already made, or by duplicating necessary preparation and causing unreasonable delay.

the actual law source: uscode.house.gov ↗public domain

(a)

The Secretary of Transportation may prescribe regulations to carry out the duties and powers of the Secretary. An officer of the Department of Transportation may prescribe regulations to carry out the duties and powers of the officer.

(b)

The Secretary may delegate, and authorize successive delegations of, duties and powers of the Secretary to an officer or employee of the Department. An officer of the Department may delegate, and authorize successive delegations of, duties and powers of the officer to another officer or employee of the Department. However, the duties and powers specified in sections 103(c)(1),1 104(c)(1), and 106(g)(1) 1 of this title may not be delegated to an officer or employee outside the Administration concerned.

(c)

On a reimbursable basis when appropriate, the Secretary may, in carrying out aviation duties and powers—

(1)

use the available services, equipment, personnel, and facilities of other civilian or military departments, agencies, and instrumentalities of the United States Government, with their consent;

(2)

cooperate with those departments, agencies, and instrumentalities in establishing and using aviation services, equipment, and facilities of the Department; and

(3)

confer and cooperate with, and use the services, records, and facilities of, State, territorial, municipal, and other agencies.

(d)

The Secretary may make expenditures to carry out aviation duties and powers, including expenditures for—

(1)

rent and personal services;

(2)

travel expenses;

(3)

office furniture, equipment, supplies, lawbooks, newspapers, periodicals, and reference books, including exchanges;

(4)

printing and binding;

(5)

membership in and cooperation with domestic or foreign organizations related to, or a part of, the civil aeronautics industry or the art of aeronautics;

(6)

payment of allowances and other benefits to employees stationed in foreign countries to the same extent authorized for members of the Foreign Service of comparable grade;

(7)

investigations and studies about aeronautics; and

(8)

acquiring, exchanging, operating, and maintaining passenger-carrying aircraft and automobiles and other property.

(e)

The Secretary may negotiate, without advertising, the purchase of technical or special property related to air navigation when the Secretary decides that—

(1)

making the property would require a substantial initial investment or an extended period of preparation; and

(2)

procurement by advertising would likely result in additional cost to the Government by duplication of investment or would result in duplication of necessary preparation that would unreasonably delay procuring the property.

Source credit: (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2422.)

history & why it existsrecord from the source credit

1983Enacted · Pub. L. 97-449 · 96 Stat. 2422

A history note hasn’t been published yet. The record shows enactment by Pub. L. 97-449 on 1983-01-12.

all 0 arguments · sorted by: best

no arguments yet — make the first case