49 U.S.C. § 325 — Advisory committees

Page 122 TITLE 49—TRANSPORTATION § 325 In the section, the words ‘‘members of the armed forces’’ are substituted for ‘‘military personnel’’, ‘‘Members of the Army, the Navy, the Air Force, or the Marine Corps’’, and ‘‘members of the armed services’’ for clarity and to conform to title 10. In subsection (a)(2), the words ‘‘other duties and pow- ers of the Secretary’’ are substituted for ‘‘the functions of the Department’’ for clarity and consistency. In subsection (b), the words ‘‘Notwithstanding any provision of this chapter or other law’’ before ‘‘a mem- ber’’ and ‘‘Subject to the provisions of title 5’’ before ‘‘a retired’’ are omitted as unnecessary. In subsection (c), the words ‘‘The Secretary of Trans- portation and the Secretary of a military department may make cooperative agreements under which’’ are substituted for ‘‘by the appropriate Secretary, pursu- ant to cooperative agreements with the Secretary of Transportation’’ in 49:1343(a)(1) and 49:1657(c) for clar- ity. The words ‘‘or the Coast Guard’’ before ‘‘may be de- tailed’’ in 49:1343(a)(1) (2d sentence) are omitted be- cause of the transfer of the Coast Guard to the Sec- retary under 49:1655(b) and the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words ‘‘may be appointed, detailed, or assigned’’ are substituted for ‘‘may be detailed’’ for clarity and con- sistency in 49:1343(a)(1) and 49:1657(c). The words ‘‘to the Department of Transportation’’ are substituted for ‘‘for service in the Administration to effect such participa- tion’’ in 49:1343(a)(1) because of the transfer of aviation functions to the Secretary under 49:1655(c)(1) and to eliminate unnecessary words. The words ‘‘in writing’’ after ‘‘annually’’ in 49:1657(d)(2) are omitted as unneces- sary. The words ‘‘each member appointed, detailed, or assigned’’ are substituted for ‘‘personnel appointed’’ and ‘‘members of the armed services detailed’’ in 49:1657(d)(2) for clarity and consistency. In subsection (d), the words ‘‘The Secretary of a mili- tary department’’ are substituted for ‘‘his armed force or any officer thereof’’ in 49:1657(d)(1) and ‘‘the depart- ment from which detailed or appointed or by any agen- cy or officer thereof’’ in 49:1343(a)(2) for clarity and con- sistency. The words ‘‘directly or indirectly’’ before ‘‘with respect to’’ are omitted as surplus. The words ‘‘the duties and powers of . . . when those duties and powers pertain to the Department of Transportation’’ are substituted for ‘‘with respect to his responsibilities under this chapter or within the Administration’’ in 49:1343(a)(2) and ‘‘with respect to the responsibilities exercised in the position to which appointed, detailed, or assigned’’ in 49:1657(d)(1) for consistency and because of the transfer of aviation functions to the Secretary under 49:1655(c)(1). The words ‘‘does not control’’ are substituted for ‘‘No . . . shall be subject to direction or control by’’ in 49:1343(a)(2) and ‘‘shall not be subject to direction by or control by’’ 49:1657(d)(1) for clarity. The words ‘‘the acceptance of’’ before ‘‘and service’’ and ‘‘any appointive or other’’ before ‘‘position’’ in 49:1657(d)(1) are omitted as unnecessary. The words ‘‘a member’’ are added because of the restatement of the section. The words ‘‘that member’’ are substituted for ‘‘commissioned officers or enlisted men’’ in 49:1343(a)(2) and ‘‘officers and enlisted men’’ in 49:1657(d)(1) because of the restatement of the section and to eliminate un- necessary words. The word ‘‘held’’ is substituted for ‘‘may occupy or hold’’ to eliminate unnecessary words. The words ‘‘right or benefit’’ are substituted for ‘‘emol- ument, perquisite, right, privilege, or benefit’’ to elimi- nate unnecessary words. The words ‘‘incident to or’’ be- fore ‘‘arising’’ are omitted as surplus. Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which a report required under subsec. (c) of this section is listed as the 5th item on page 132), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 325. Advisory committees (a) Without regard to the provisions of title 5 governing appointment in the competitive serv- ice, the Secretary of Transportation may ap- point 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 Sec- retary, 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 advis- ing the Secretary in carrying out aviation du- ties and powers may serve for not more than 100 days in a calendar year. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2424.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 325(a) ......... 49:1343(g) (1st sen- tence 1st–32d words). Aug. 23, 1958, Pub. L. 85–726, § 302(i) (less 1st sentence 31st–41st words), 72 Stat. 747. 49:1657(o) (1st sen- tence). Oct. 15, 1966, Pub. L. 89–670, § 9(o), 80 Stat. 947. 325(b) ......... 49:1343(g) (1st sen- tence 44th–53d words, last sen- tence). 49:1657(o) (last sen- tence). 325(c) ......... 49:1343(g) (1st sen- tence 54th–last words). In subsection (a), the words ‘‘provisions of title 5 gov- erning appointment in the competitive service’’ are substituted for ‘‘civil service laws’’ in 49:1657(o) for clarity and consistency. The words ‘‘as shall be appro- priate for the purpose of’’ before ‘‘consultation’’ in 49:1657(o) are omitted as surplus. The words ‘‘the Sec- retary in carrying out the duties and powers of the Sec- retary’’ are substituted for ‘‘the Department in per- formance of its functions’’ in 49:1657(o) and ‘‘the Admin- istration in performance of its functions hereunder’’ in 49:1343(g) for clarity and consistency because the duties and powers are vested in the Secretary of Transpor- tation. In subsection (b), the word ‘‘compensation’’ after ‘‘may be paid’’ in 49:1657(o) is omitted as surplus. The words ‘‘not more than $100 a day’’ are substituted for ‘‘at rates not exceeding those authorized for individuals under subsection (b) of this section’’ in 49:1657(o) for clarity because that is the rate under 49:1657(b). The words ‘‘A member is entitled to reimbursement for ex- penses under section 5703 of title 5’’ are substituted for 49:1343(g) (last sentence) and 49:1657(o) (last sentence words after 4th comma) for clarity. In subsection (c), the words ‘‘A member of an advi- sory committee advising the Secretary’’ are sub- Page 123 TITLE 49—TRANSPORTATION § 327 stituted for ‘‘in the case of any individual’’ in 49:1343(g) for clarity. The words ‘‘may serve’’ are added for clar- ity and because of the restatement of the section. The words ‘‘in carrying out aviation duties and powers’’ are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. Statutory Notes and Related Subsidiaries TERMINATION OF ADVISORY COMMITTEES Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2- year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 1013 of Title 5, Government Organiza- tion and Employees. § 326. Gifts (a) The Secretary of Transportation may ac- cept and use conditional or unconditional gifts of property for the Department of Transpor- tation. The Secretary may accept a gift of serv- ices in carrying out aviation duties and powers. Property accepted under this section and pro- ceeds from that property must be used, as nearly as possible, under the terms of the gift. (b) The Department has a fund in the Treas- ury. 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 Transpor- tation, the Secretary of the Treasury may in- vest and reinvest amounts in the fund in securi- ties of, or in securities whose principal and in- terest is guaranteed by, the United States Gov- ernment. (d) Property accepted under this section is a gift to or for the use of the Government under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2424; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 326(a) ......... 49:1344(c)(1). Aug. 23, 1958, Pub. L. 85–726, § 303(c)(1), 72 Stat. 748. 49:1657(m)(1) (1st, 3d sentences). Oct. 15, 1966, Pub. L. 89–670, § 9(m), 80 Stat. 946. 326(b) ......... 49:1657(m)(1) (2d sen- tence), (3) (less 1st sentence). 326(c) ......... 49:1657(m)(3) (1st sentence). 326(d) ......... 49:1657(m)(2). In the section, the word ‘‘gifts’’ is substituted for ‘‘gifts and bequests’’ in 49:1657(m)(1) because it is inclu- sive. In subsection (a), the words ‘‘accept and use’’ are sub- stituted for ‘‘accept, hold, administer, and utilize’’, and the words ‘‘for the Department’’ are substituted for ‘‘for the purpose of aiding or facilitating the work of the Department’’ in 49:1657(m)(1), to eliminate unneces- sary words. The word ‘‘property’’ is substituted for ‘‘property, both real and personal’’ in 49:1657(m)(1), and ‘‘gift or donation of money or other property, real and personal’’ in 49:1344(c)(1) to eliminate unnecessary words. The words ‘‘aviation duties and powers’’ are added because the source provisions being restated only applies to carrying out duties and powers related to the Federal Aviation Administration. The words ‘‘under this section and proceeds from that property’’ are sub- stituted for ‘‘pursuant to this paragraph, and the pro- ceeds thereof’’ in 49:1657(m)(1) for clarity. In subsection (b), the words ‘‘The Department has a’’ and ‘‘The fund consists of’’ are added for clarity and be- cause of the restatement of the section. The word ‘‘sep- arate’’ before ‘‘fund’’ is omitted as unnecessary and for consistency. The words ‘‘from the fund’’ are added for clarity. The words ‘‘accepted under this section’’ are substituted for ‘‘held by the Secretary pursuant to paragraph (1)’’ for clarity. The words ‘‘that property’’ are substituted for ‘‘other property received as gifts or bequests’’ to eliminate unnecessary words. The words ‘‘from securities under subsection (c) of this section’’ are substituted for ‘‘accruing from such securities’’ for clarity. In subsection (c), the words ‘‘amounts in the fund’’ are substituted for ‘‘any moneys contained in the fund provided for in paragraph (1)’’ for clarity and consist- ency. In subsection (d), the words ‘‘under this section’’ are substituted for ‘‘under paragraph (1)’’ because of the re- statement of the section. The words ‘‘the Internal Rev- enue Code of 1954 (26 U.S.C. 1 et seq.)’’ are substituted for ‘‘For the purpose of Federal income, estate, and gift taxes’’ for consistency. Editorial Notes AMENDMENTS 1986—Subsec. (d). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. § 327. Administrative working capital fund (a) The Department of Transportation has an administrative working capital fund. Amounts in the fund are available for expenses of oper- ating and maintaining common administrative services 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 maintained to meet the requirements of the Department; (2) central messenger, mail, telephone, and other communications services; (3) office space; (4) central services for document reproduc- tion, and for graphics 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 of— (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 ob- ligations; (3) amounts received from the sale or ex- change 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