seq.) of Title 40, Public Buildings, Property, and Works. For complete classification of this Act to the Code, see Short Title note set out under section 471 of Title 40 and Tables.

AMENDMENTS

1962-Subsec. (c). Pub. L. 87-810 added subsec. (c).

§ 1324. General powers and duties of the Board (a) Performance of acts; conduct of investigations; orders, rules, regulations, and procedure

The Board is empowered to perform such acts, to conduct such investigations, to issue and amend such orders, and to make and amend such general or special rules, regulations, and procedure, pursuant to and consistent with the provisions of this chapter, as it shall deem necessary to carry out the provisions of, and to exercise and perform its powers and duties under, this chapter.

(b) Cooperation with State aeronautical agencies

The Board is empowered to confer with or to hold joint hearings with any State aeronautical agency, or other State agency, in connection with any matter arising under this chapter within its jurisdiction, and to avail itself of the cooperation, services, records, and facilities of such State agencies as fully as may be practicable in the administration and enforcement of this chapter.

(c) Exchange of information with foreign governments

The Board is empowered to exchange with foreign governments, through appropriate agencies of the United States, information pertaining to aeronautics.

(d) Report of proceedings and investigations; publication; evidence

Except as may be otherwise provided in this chapter, the Board shall make a report in writing in all proceedings and investigations under this chapter in which formal hearings have been held, and shall state in such report its conclusions together with its decision, order, or requirement in the premises. All such reports shall be entered of record and a copy thereof shall be furnished to all parties to the proceeding or investigation. The Board shall provide for the publication of such reports, and all other reports, orders, decisions, rules, and regulations issued by it under this chapter in such form and manner as may be best adapted for public information and use. Publications purporting to be published by the Board shall be competent evidence of the orders, decisions, rules, regulations, and reports of the Board therein contained in all courts of the United States, and of the several States, Territories, and possessions thereof, and the District of Columbia, without further proof or authentication thereof.

(Pub. L. 85-726, title II, § 204, Aug. 23, 1958, 72 Stat. 743.)

EXPIRATION OF SUBCHAPTER IN CONJUNCTION WITH TERMINATION OF CIVIL AERONAUTICS

BOARD

All functions, powers, and duties of the Civil Aeronautics Board were terminated or

transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

Section 1551(a)(4) of this Appendix provided that this subchapter shall cease to be in effect on Jan. 1, 1985.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board and the Chairman, members, offices, and officers thereof under subchapters VI and VII of this chapter, were transferred to the Secretary of Transportation by Pub. L. 89-670, § 6(d), Oct. 15, 1966, 80 Stat. 937, to be exercised by the National TransporSee tation Safety Board. sections 1655(d) and 1903(a)(1)(A), (9) of this Appendix.

GUARANTY OF LOANS FOR PURCHASE OF AIRCRAFT AND EQUIPMENT

Pub. L. 85-307, Sept. 7, 1957, 71 Stat. 629, as amended by Pub. L. 86-3, § 21, Mar. 18, 1959, 73 Stat. 13; Pub. L. 86-70, § 39, June 25, 1959, 73 Stat. 150; Pub. L. 86-624, § 37, July 12, 1960, 74 Stat. 421; Pub. L. 87-820, §§ 1-7, Oct. 15, 1962, 76 Stat. 936; Pub. L. 90-568, §§ 1, 2, Oct. 12, 1968, 82 Stat. 1003; Pub. L. 92-556, Oct. 25, 1972, 86 Stat. 1170; Pub. L. 95-504, § 42, Oct. 24, 1978, 92 Stat. 1748, provided:

"[SEC. 1. DECLARATION OF POLICY]. That it is hereby declared to be the policy of Congress, in the interests of the commerce of the United States, the postal service [now United States Postal Service], and the national defense to promote the development of local, feeder, and short-haul air transportation and to promote the development of local, feeder, and short-haul charter air transportation of cargo. In furtherance of this policy it is deemed necessary and desirable that provision be made to assist certain air carriers, charter air carriers, commuter air carriers, and intrastate air carriers engaged in such air transportation by providing governmental guaranties of loans to enable them to purchase aircraft suitable for such transportation on reasonable terms.

"SEC. 2. [DEFINITIONS]. As used in this Act

"(1) 'aircraft purchase loan' means any loan, or commitment in connection therewith, made for the purchase of commercial transport aircraft, including spare parts normally associated therewith;

"(2) 'air carrier' means any air carrier holding a certificate of public convenience and necessity issued by the Civil Aeronautics Board under section 401(d)(1) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1371(d)(1)];

"(3) charter air carrier' has the meaning given such term in section 101(14) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1301(14)];

"(4) 'charter air transportation' has the meaning given such term in section 101(15) of the Federal Aviation Act of 1958 [49 App. U.S.C. 1301(15)];

"(5) 'commuter air carrier' means any air carrier operating pursuant to section 416(b)(3)[(4)] of the Federal Aviation Act of 1958 [49 App. U.S.C. 1386(b)(4)] who operates at least five round trip flights per week between one pair of points in accordance with published flight schedules;

"(6) 'intrastate air carrier' means any citizen of the United States who undertakes, whether directly or indirectly or by a lease or any other arrangement, to engage primarily in intrastate air transportation (as such term is defined in section 101(26) of the Federal Aviation Act of 1958) [49 App. U.S.C. 1301(26)]; and

"(7) 'Secretary' means the Secretary of Transportation.

"SEC. 3. [ELIgible LenderS]. The Secretary is authorized to guarantee any lender against loss of principal or interest on any aircraft purchase loan made by such lender to

"(1) any air carrier whose certificate (A) authorizes such air carrier to provide local or feeder air service, (B) authorizes scheduled passenger operations the major portion of which are conducted within the State of Hawaii, (C) authorizes operations (the major portion of which is conducted either within Alaska or between Alaska and the forty-eight contiguous States), within the State of Alaska (including service between Alaska and the forty-eight contiguous States, and between Alaska and adjacent Canadian territory), or (D) authorizes metropolitan helicopter service,

"(2) any charter air carrier for the purchase of any all-cargo nonconvertible aircraft,

"(3) any commuter air carrier, or

"(4) any intrastate air carrier. Such guarantee shall be made in such form, on such terms and conditions, and pursuant to such regulations, as the Secretary deems necessary and which are not inconsistent with the provisions of this Act. "SEC. 4. [RESTRICTIONS]. (a) Subject to subsection (b) of this section, no guaranty shall be made

"(1) extending to more than the unpaid interest and 90 percent of the unpaid principal of any loan; "(2) on any loan or combination of loans for more than 90 percent of the purchase price of the aircraft, including spare parts, to be purchased therewith;

"(3) on any loan whose terms permit full repayment more than 15 years after the date thereof;

"(4) wherein the total face amount of such loan, and of any other loans to the same air carrier, charter air carrier, commuter air carrier, or intrastate air carrier or corporate predecessor of such air carrier, charter air carrier, commuter air carrier, or intrastate air carrier guaranteed and outstanding under the terms of this Act exceeds $100,000,000;

"(5) unless the Secretary finds that, without such guaranty, in the amount thereof, the air carrier, charter air carrier, commuter air carrier, or intrastate air carrier would be unable to obtain necessary funds for the purchase of needed aircraft on reasonable terms;

"(6) unless the Secretary finds that the aircraft to be purchased with the guaranteed loan is needed to improve the service and efficiency of operation of the air carrier, charter air carrier, commuter air carrier, or intrastate air carrier;

"(7) unless the Secretary finds that the prospective earning power

"(A) of the applicant air carrier or charter air carrier, together with the character and value of the security pledged, furnish (i) reasonable assurances of the applicant's ability to repay the loan within the time fixed therefor, and (ii) reasonable protection to the United States; and

"(B) of the applicant commuter air carrier or intrastate air carrier, together with the character and value of the security pledged, furnish (i) reasonable assurances of the applicant's ability and intention to repay the loan within the time fixed therefor, to continue its operations as a commuter air carrier or intrastate air carrier, and to the extent found necessary by the Secretary, to continue its operations as a commuter air carrier or intrastate air carrier between the same route or routes being operated by such applicant at the time of the loan guarantee, and (ii) reasonable protection to the United States; and

"(8) on any loan or combination of loans for the purchase of any new turbojet-powered aircraft which does not comply with the noise standards prescribed for new subsonic aircraft in regulations issued by the Secretary acting through the Administrator of the Federal Aviation Administration (14 CFR part 36), as such regulations were in effect on January 1, 1977.

"(b) No guaranty shall be made by the Secretary under subsection (a) of this section on any loan for the purchase of any all-cargo nonconvertible aircraft by any charter air carrier in an amount which, togeth

er with any other loans guaranteed and outstanding under this Act to such charter air carrier, or corporate predecessor of such charter air carrier, would result in the ratio of the total face amount of such loans to $100,000,000 exceeding the ratio of the amount of charter air transportation of such charter air carrier provided to medium, small, and non-hub airports during the twelve-month period preceding the date on which the application for such guaranty is made by such charter air carrier to the total amount of charter air transportation of such charter air carrier during such twelve-month period.

"SEC. 5. [FEE]. The Secretary shall prescribe and collect from the lending institution a reasonable guaranty fee in connection with each loan guaranteed under this Act.

"SEC. 6. [COOPERATION WITH OTHER AGENCIES]. (a) To permit him to make use of such expert advice and services as he may require in carrying out the provi sions of this Act, the Secretary may use available services and facilities of other agencies and instrumentalities of the Federal Government with their consent and on a reimbursable basis.

"(b) Departments and agencies of the Federal Government shall exercise their powers, duties, and func tions in such manner as will assist in carrying out the objectives of this Act.

"(c) The Secretary shall make available to the Comptroller General of the United States such information with respect to the loan guaranty program under this Act as the Comptroller General may require to carry out his duties under the Budget and Accounting Act, 1921 [31 U.S.C. 1101 et seq.).

"SEC. 7. [RECEIPTS, AUTHORIZATION OF APPROPRIATION, EXPENSES]. (a) Receipts under this Act shall be credited to miscellaneous receipts of the Treasury.

"(b) Payments to lenders required as a consequence of any guaranty under this Act may be made from funds which are hereby authorized to be appropriated to the Department of Commerce for that purpose. "(c) Administrative expenses under this Act shall be paid from appropriations to the Department of Commerce for administrative expenses.

"SEC. 8. [TERMINATION DATE]. The authority of the Secretary under section 3 of this Act shall terminate five years after the date of enactment of this section [Oct. 24, 1978]."

Provisions respecting loans and financial aid inapplicable to guaranty of loans by the Secretary under Pub. L. 85-307, set out above, but consultation of the Secretary with and consideration of views and recom. mendations of the Board in making the guarantees, see section 1380 of this Appendix.

GUARANTY OF LOANS FOR PURCHASE OF AIRCRAFT AND EQUIPMENT; ORDERS, ETC., EFFECTIVE UNTIL TERMI NATED; PENDING PROCEEDINGS AND PRIOR SUITS UNAFFECTED; TRANSFER OF PERSONNEL AND EQUIPMENT Pub. L. 87-820, §§ 9, 10, Oct. 15, 1962, 76 Stat. 936, provided:

"SEC. 9. (a) All orders, determinations, rules, regula tions, permissions, approvals, agreements, rulings, directives, and privileges which have been issued, made, or granted, or allowed to become effective, by the Civil Aeronautics Board, or any court of competent jurisdic tion, under any provision of law amended by this Act [amending note set out above and section 1380 of this Appendix], or in the exercise of duties, powers, or functions which, under this Act, are vested in the Secretary of Commerce [now Secretary of Transporta tion], and which are in effect on the date of enactment of this Act [Oct. 15, 1962] shall continue in effect according to their terms until modified, terminated, superseded, set aside, or repealed by the Secre tary of Commerce [now Secretary of Transportation] or by any court of competent jurisdiction, or by operation of law.

"(b) The provisions of this Act [amending note set out above and section 1380 of this Appendix] shall not

affect any proceedings pending before the Civil Aeronautics Board on the date of enactment of this Act [Oct. 15, 19621; but any such proceedings shall be continued before the Secretary of Commerce [now Secretary of Transportation], orders issued therein, and payments made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, or repealed by the Secretary of Commerce, or by operation of law.

"(c) The provisions of this Act [amending note set out above and section 1380 of this Appendix] shall not affect suits commenced prior to the date of its enactment [Oct. 15, 1962]; and all such suits shall be continued by the Secretary of Commerce [now Secretary of Transportation], proceedings therein had, appeals therein taken, and judgments therein rendered, in the same manner and with the same effect as if this Act had not been enacted. No suit, action, or other proceeding lawfully commenced by or against the Civil Aeronautics Board or officer of the United States, in relation to the discharge of official duties, shall abate by reason of any transfer of authority, power, or duties from the Board or officer to the Secretary of Commerce [now Secretary of Transportation], under the provisions of this Act, but the court upon a motion or a supplemental petition filed at any time within twelve months after such transfer, showing the necessity for a survival of such suit, action, or other proceeding to obtain a settlement of the questions involved, may allow the same to be maintained by or against the Secretary of Commerce (now Secretary of Transportation].

"SEC. 10. (a) The officers, employees, and property (including office equipment and official records) of the Civil Aeronautics Board which the Bureau of the Budget [now Office of Management and Budget], after consultation with the Board, shall determine to have been employed by the Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Act of September 7, 1957 (71 Stat. 629), as in effect on the day before the date of enactment of this Act [Oct. 15, 1962], and which are vested by this Act [amending note set out above and section 1380 of this Appendix] in the Secretary of Commerce [now Secretary of Transportation], shall be transferred to the Department of Commerce [now Department of Transportation] upon such date or dates as the Bureau of the Budget [now Office of Management and Budget] shall specify. The transfer of personnel under this section shall be without reduction in classified or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned.

"(b) All records transferred to the Secretary of Commerce [now Secretary of Transportation] under this Act [amending note set out above and section 1380 of this Appendix] shall be available for use by him to the same extent as if such records were originally records of the Secretary."

REORGANIZATION PLAN NO. 3 OF 1961

Eff. July 3, 1961, 26 F.R. 5989, 75 Stat. 837 Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, May 3, 1961, pursuant to the provisions of the Reorganization Act of 1949, as amended [see 5 U.S.C. 901 et seq.).

CIVIL AERONAUTICS BOARD

SECTION 1. AUTHORITY TO DELEGATE

(a) In addition to its existing authority, the Civil Aeronautics Board, hereinafter referred to as the "Board", shall have the authority to delegate, by published order or rule, any of its functions to a division

11-617 VOL. 18 0-84-74

of the Board, an individual Board member, a hearing examiner, or an employee or employee board, including functions with respect to hearing, determining, ordering, certifying, reporting or otherwise acting as to any work, business, or matter: Provided, however, That nothing herein contained shall be deemed to supersede the provisions of section 7(a) of the Administrative Procedure Act (60 Stat. 241), as amended [see 5 U.S.C. 556].

(b) With respect to the delegation of any of its functions, as provided in subsection (a) of this section, the Board shall retain a discretionary right to review the action of any such division of the Board, individual Board member, hearing examiner, employee or employee board, upon its own initiative or upon petition of a party to or an intervenor in such action, within such time and in such manner as the Board shall by rule prescribe: Provided, however, That the vote of a majority of the Board less one member thereof shall be sufficient to bring any such action before the Board for review.

(c) Should the right to exercise such discretionary review be declined, or should no such review be sought within the time stated in the rules promulgated by the Board, then the action of any such division of the Board, individual Board member, hearing examiner, employee or employee board, shall, for all purposes, including appeal or review thereof, be deemed to be the action of the Board.

SEC. 2. TRANSFER OF FUNCTIONS TO THE CHAIRMAN

In addition to the functions transferred by the provisions of Reorganization Plan No. 13 of 1950 (64 Stat. 1266) [5 App. U.S.C.], there are hereby transferred from the Board to the Chairman of the Board the functions of the Board with respect to the assignment of Board personnel, including Board members, to perform such functions as may have been delegated by the Board to Board personnel, including Board members, pursuant to section 1 of this reorganization plan.

MESSAGE OF THE PRESIDENT

To the Congress of the United States:

I transmit herewith Reorganization Plan No. 3 of 1961, prepared in accordance with the Reorganization Act of 1949, as amended, and providing for reorganization in the Civil Aeronautics Board.

This Reorganization Plan No. 3 of 1961 follows upon my message of April 13, 1961, to the Congress of the United States. It is believed that the taking effect of the reorganizations included in this plan will provide for greater efficiency in the dispatch of the business of the Civil Aeronautics Board.

The plan provides for greater flexibility in the handling of the business before the Board, permitting its disposition at different levels so as better to promote its efficient dispatch. Thus matters both of an adjudicatory and regulatory nature may, depending upon their importance and their complexity, be finally consummated by divisions of the Board, individual Board members, hearing examiners, and, subject to the provisions of section 7(a) of the Administrative Procedure Act of 1946 (60 Stat. 241), by other employees. This will relieve the Board members from the necessity of dealing with many matters of lesser importance and thus conserve their time for the consideration of major matters of policy and planning. There is, however, reserved to the Board as a whole the right to review any such decision, report, or certification either upon its own initiative or upon the petition of a party or intervenor demonstrating to the satisfaction of the Board the desirability of having the matter reviewed at the top level.

Provision is also made, in order to maintain the fundamental bipartisan concept explicit in the basic statute creating the Board, for mandatory review of any such decision, report, or certification upon the vote of a majority of the Board less one member.

Inasmuch as the assignment of delegated functions in particular cases and with reference to particular problems to divisions of the Board, to Board members, to hearing examiners, to employees and boards of employees must require continuous and flexible handling, depending both upon the amount and nature of the business, that function is placed in the Chairman by section 2 of the plan.

By providing sound organizational arrangements, the taking effect of the reorganizations included in the accompanying reorganization plan will make possible more economical and expeditious administration of the affected functions. It is, however, impracticable to itemize at this time the reductions of expenditures which it is probable will be brought about by such taking effect.

After investigation, I have found and hereby declare that each reorganization included in the reorganization plan transmitted herewith is necessary to accomplish one or more of the purposes set forth in section 2(a) of the Reorganization Act of 1949, as amended. I recommend that the Congress allow the reorganization plan to become effective.

THE WHITE HOUSE, May 3, 1961.

JOHN F. KENNEDY.

EMERGENCY PREPAREDNESS FUNCTIONS

For assignment of certain emergency preparedness functions to the Civil Aeronautics Board, see Parts 1, 15, and 30 of Ex. Ord. No. 11490, eff. Oct. 28, 1969, 34 F.R. 17567, set out as a note under section 2251 of Title 50, Appendix, War and National Defense.

CROSS REFERENCES

Enforcement under this chapter by Civil Aeronautics Board of requirements imposed under section 1601 et seq. of Title 15, Commerce and Trade, see section 1607 of Title 15.

§ 1325. Annual report to Congress

The Board shall make an annual report to the Congress, copies of which shall be distributed as are other reports transmitted to Congress. Such report shall contain in addition to a report of the work performed under this chapter, such information and data collected by the Board as may be considered of value in the determination of questions connected with the development and regulation of civil aeronautics, together with such recommendations as to additional legislation relating thereto as the Board may deem necessary, and the Board may also transmit recommendations as to legislation at any other time.

(Pub. L. 85-726, title II, § 205, Aug. 23, 1958, 72 Stat. 744.)

EXPIRATION OF SUBCHAPTER IN CONJUNCTION WITH TERMINATION OF CIVIL AERONAUTICS BOARD

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

Section 1551(a)(4) of this Appendix provided that this subchapter shall cease to be in effect on Jan. 1, 1985.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board and the Chairman, members, offices, and officers thereof under subchapters VI and VII of this chapter were transferred to the Secretary of

The principal office of the Administration shall be in or near the District of Columbia, but it may act and exercise all its powers at any other place. The Administration shall have an official seal which shall be judicially noticed. (Pub. L. 85-726, title III, § 301, Aug. 23, 1958, 72 Stat. 744; Pub. L. 88-426, title III, § 305(16)(B), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966, 80 Stat. 937; Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2444.)

AMENDMENTS

1983-Subsecs. (a), (b). Pub. L. 97-449 struck out subsecs. (a) and (b), which established the Federal Avi ation Administration and provided for the appointment, duties, and qualifications of the Administrator. See section 106 of Title 49, Transportation.

1964-Subsec. (a). Pub. L. 88-426 struck out provi sions which prescribed the salary of the Administra. tor. See section 5313 of Title 5, Government Organiza. tion and Employees.

EFFECTIVE DATE OF 1964 AMENDMENT Amendment by Pub. L. 88-426 effective the first day of the first pay period which begins on or after July 1, 1964, except to the extent provided in section 501(c) of Pub. L. 88-426, see section 501 of Pub. L. 88-426.

EFFECTIVE DATE

Section effective Aug. 23, 1958, see section 1505(1) of Pub. L. 85-726, set out as a note under section 1301 of this Appendix.

TRANSFER OF FUNCTIONS

All functions, powers, and duties of the Civil Aeronautics Board were terminated or transferred by section 1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1, 1983, and in part on Jan. 1, 1985.

In subsec. (c), "Administration", meaning the Feder al Aviation Administration, was substituted for "Agency", meaning the Federal Aviation Agency, pursuant to sections 3(e) and 6(c)(1) of Pub. L. 89-670, which transferred all functions, powers, and duties of the Federal Aviation Agency and of the Administrator and other offices and officers thereof to the Secretary of Transportation and established a Federal Aviation Administration in the Department of Transportation. See section 106 of Title 49, Transportation.

TRANSFER OF Personnel, Property, And
APPROPRIATIONS

Section 1502 of Pub. L. 85-726 provided that: "(a) The officers, employees, and property (includ ing office equipment and official records) of the Civil Aeronautics Administration of the Department of

Commerce, and of the Airways Modernization Board, and such employees and property (including office equipment and official records) as the President, after consultation with the Civil Aeronautics Board, shall determine to have been employed by the Civil Aeronautics Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended [49 App. U.S.C. 401 et seq.), and which are vested by this Act [this chapter] in the Agency, shall be transferred to the Agency upon such date or dates as the President shall specify: Provided, That the transfer of such personnel shall be without reduction in classification or compensation, except that this requirement shall not operate after the end of the fiscal year during which such transfer is made to prevent the adjustment of classification or compensation to conform to the duties to which such transferred personnel may be assigned.

"(b) Such of the unexpended balances of appropriations available for use by the Civil Aeronautics Administration of the Department of Commerce and by the Airways Modernization Board, and such of the unexpended balances of appropriations available for use by the Civil Aeronautics Board in the exercise and performance of those powers and duties vested in and imposed upon it by the Civil Aeronautics Act of 1938, as amended [49 App. U.S.C. 401 et seq.], and which are vested by this Act [this chapter] in the Administrator, shall be transferred to the Agency upon such date or dates as the President shall specify, and shall be available for use in connection with the exercise and performance of the powers and duties vested in and imposed upon the Administrator by this Act. Where provisions of this Act which are to be administered by the Board are in substance reenactments (with or without modifications) of provisions of the Civil Aeronautics Act of 1938, as amended [49 App. U.S.C. 401 et seq.), administered by the Board at the time this section takes effect, the Board, in carrying out such provisions of this Act, may utilize unexpended balances of appropriations made for carrying out such provisions of the Civil Aeronautics Act of 1938, as amended [49 App. U.S.C. 401 et seq.).

"(c) All records transferred to the Administrator under this Act [this chapter] shall be available for use by him to the same extent as if such records were originally records of the Administrator."

DELEGATION OF AUTHORITY

Delegation of authority to Director of the Bureau of the Budget [now Office of Management and Budget] and transfer of records and property, see Ex. Ord. No. 10797, set out as a note under section 1345 of this Appendix.

COLLECTION OF FEES, CHARGES, AND PRICES; REVIEW AND APPROVAL BY CONGRESS

Pub. L. 95-504, § 45, Oct. 24, 1978, 92 Stat. 1753, as amended Pub. L. 96-192, § 28, Feb. 15, 1980, 94 Stat. 48, which related to prior review and approval by Congress for fees collected by the Secretary of Transportation and the Administrator of the Federal Aviation Administration, was repealed by Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2445.

§ 1342. Repealed. Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2444

Section, Pub. L. 85-726, title III, § 302(a), (b), Aug. 23, 1958, 72 Stat. 744; Pub. L. 88-426, title III, §305(16)(C), Aug. 14, 1964, 78 Stat. 424; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966, 80 Stat. 932, related to appointment, powers, duties and qualifications of the Deputy Administrator. See section 106 of Title 49, Transporta

tion.

§ 1343. General powers and duties of Secretary of Transportation

(a), (b) Repealed. Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2444

(c) Development of plans for discharge of responsibilities in event of war; legislative proposal; transfer of functions

The Secretary of Transportation shall develop, in consultation with the Department of Defense and other affected Government agencies, plans for the effective discharge of the responsibilities of the Administration in the event of war, and shall propose to Congress on or before January 1, 1960, legislation for such purpose: Provided, That in the event of war the President by Executive order may transfer to the Department of Defense any functions (including powers, duties, activities, facilities, and parts of functions) of the Administration prior to enactment of such proposed legislation. In connection with any such transfer, the President may provide for appropriate transfers of records, property, and personnel.

(Pub. L. 85-726, title III, § 302(c)-(k), Aug. 23, 1958, 72 Stat. 745; Pub. L. 87-367, title I, § 103(2), title II, § 205, Oct. 4, 1961, 75 Stat. 787, 791; Pub. L. 87-793, § 1001(h), Oct. 11, 1962, 76 Stat. 864; Pub. L. 89-670, § 6(c)(1), Oct. 15, 1966; 80 Stat. 937; Pub. L. 93-608, § 1(20), Jan. 2, 1975, 88 Stat. 1970; Pub. L. 97-449, § 7(b), Jan. 12, 1983, 96 Stat. 2444.)

CODIFICATION

Section was originally comprised of subsecs. (c) to (k) of section 302 of Pub. L. 85-726, which have been designated as subsecs. (a) to (i) of this section, respectively, for purposes of codification. Remainder of section 302 was classified to section 1342 of this Appendix and was repealed.

Subsection (e) of this section, which required the Administrator to make a special study of personnel problems with due regard to the need for (1) special qualifications and training, (2) special provisions as to pay, retirement, and hours of service, and (3) special provisions to assure availability, responsiveness, and security status of essential personnel in fulfilling national defense requirements and make a report to the Congress on or before Jan. 1, 1960, was omitted from the Code.

AMENDMENTS

1983-Subsecs. (a), (b), (d), (f), (g), (i). Pub. L. 97-449 struck out subsecs. (a), (b), (d), (f), (g), and (i) which had provided, respectively, for the participation of the military in the carrying out of air traffic control functions, for the exchange of information between the Secretary of Transportation and other agencies, for the selection and employment of personnel, for the recruitment and employment of scientific and professional personnel, for the appointment of advisory committees and consultants, and for the cooperation between the Secretary of Transportation and other agencies. See sections 106, 322-325, 329 of Title 49, Transportation.

1975-Subsec. (a)(3). Pub. L. 93-608 struck out par. (3), which set forth reporting requirements for agreements relating to the detail of members of the armed services.

1962-Subsec. (d). Pub. L. 87-793 substituted "not to exceed the highest rate of grade 18 of the General Schedule" for "not to exceed $19,500 per annum".