49 U.S.C. § 103 — Federal Railroad Administration

Page 23 TITLE 49—TRANSPORTATION § 103 ‘‘(A) an annual report to Congress describing ROUTES Council activities for the past year and expected activities for the coming year; ‘‘(B) any recommendations to enhance the effec- tiveness of Department discretionary grant pro- grams regarding rural and Tribal infrastructure issues; and ‘‘(C) other guides and reports for relevant groups and the public.’’ HIGHLY AUTOMATED SYSTEMS SAFETY CENTER OF EXCELLENCE Pub. L. 116–94, div. H, title I, § 105, Dec. 20, 2019, 133 Stat. 2938, provided that: ‘‘(a) The Secretary shall establish a Highly Auto- mated Systems Safety Center of Excellence within the Department of Transportation, in order to have a De- partment of Transportation workforce capable of re- viewing, assessing, and validating the safety of auto- mated technologies. ‘‘(b) The Highly Automated Systems Safety Center of Excellence shall— ‘‘(1) serve as a central location within the Depart- ment of Transportation for expertise in automation and human factors, computer science, data analytics, machine learning, sensors, and other technologies in- volving automated systems; ‘‘(2) collaborate with and provide support on highly automated systems to all Operating Administrations of the Department of Transportation; and ‘‘(3) have a workforce composed of Department of Transportation employees, including direct hires or detailees from Operating Administrations of the De- partment of Transportation and other Federal agen- cies. ‘‘(c) Employees of the Highly Automated Systems Safety Center of Excellence, in conjunction with the relevant Operating Administrations of the Department of Transportation, shall review, assess, and validate highly automated systems to ensure their safety. ‘‘(d) The Highly Automated Systems Safety Center of Excellence shall not supersede laws or regulations granting certification authorities to Operating Admin- istrations of the Department of Transportation. ‘‘(e) No later than 90 days after the date of enactment of this Act [Dec. 20, 2019], the Secretary shall report to the Committees on Appropriations of the House of Rep- resentatives and the Senate on staffing needs and the staffing plan for the Highly Automated Systems Safety Center of Excellence.’’ HUMAN TRAFFICKING PREVENTION COORDINATOR Pub. L. 115–99, § 2, Jan. 3, 2018, 131 Stat. 2242, provided that: ‘‘The Secretary of Transportation shall designate an official within the Department of Transportation who shall— ‘‘(1) coordinate human trafficking prevention ef- forts across modal administrations in the Depart- ment of Transportation and with other departments and agencies of the Federal Government; and ‘‘(2) in coordinating such efforts, take into account the unique challenges of combating human traf- ficking within different transportation modes.’’ COORDINATION Pub. L. 110–140, title XI, § 1101(b), Dec. 19, 2007, 121 Stat. 1756, provided that: ‘‘The Office of Climate Change and Environment of the Department of Trans- portation shall coordinate its activities with the United States Global Change Research Program.’’ NOTICE Pub. L. 109–59, title V, § 5510, Aug. 10, 2005, 119 Stat. 1828, provided that: ‘‘(a) NOTICE OF REPROGRAMMING.—If any funds author- ized for carrying out this title [see Tables for classi- fication] or the amendments made by this title are sub- ject to a reprogramming action that requires notice to be provided to the Committees on Appropriations, Transportation and Infrastructure, and Science [now Science, Space, and Technology] of the House of Rep- resentatives and the Committees on Appropriations and Environment and Public Works of the Senate, no- tice of that action shall be concurrently provided to the Committee of Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and the Committee on Environment and Public Works of the Senate. ‘‘(b) NOTICE OF REORGANIZATION.—On or before the 15th day preceding the date of any major reorganiza- tion of a program, project, or activity of the Depart- ment [of Transportation] for which funds are author- ized by this title or the amendments made by this title, the Secretary [of Transportation] shall provide notice of the reorganization to the Committees on Transpor- tation and Infrastructure and Science [now Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate.’’ Pub. L. 105–178, title V, § 5003, June 9, 1998, 112 Stat. 422, provided that: ‘‘(a) NOTICE OF REPROGRAMMING.—If any funds author- ized for carrying out this title [see Tables for classi- fication] or the amendments made by this title are sub- ject to a reprogramming action that requires notice to be provided to the Committees on Appropriations of the House of Representatives and the Senate, notice of such action shall concurrently be provided to the Com- mittee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Representatives and the Committee on Environment and Public Works of the Senate. ‘‘(b) NOTICE OF REORGANIZATION.—On or before the 15th day preceding the date of any major reorganiza- tion of a program, project, or activity of the Depart- ment of Transportation for which funds are authorized by this title or the amendments made by this title, the Secretary shall provide notice of such reorganization to the Committee on Transportation and Infrastructure and the Committee on Science [now Committee on Science, Space, and Technology] of the House of Rep- resentatives and the Committee on Environment and Public Works of the Senate.’’ SURFACE TRANSPORTATION ADMINISTRATION Pub. L. 102–240, title V, § 5004, Dec. 18, 1991, 105 Stat. 2160, provided that, not later than 60 days after Dec. 18, 1991, the Secretary was to enter into an agreement with the National Academy of Public Administration to con- tinue a study of options for organizing the Department of Transportation to increase effectiveness and report to Congress on the study and recommend appropriate organizational changes no later than Jan. 1, 1993, to be implemented if approved by law. PERSON HOLDING POSITION OF ASSOCIATE DEPUTY SECRETARY UNTIL APRIL 15, 1985 Pub. L. 98–557, § 26(c), Oct. 30, 1984, 98 Stat. 2873, pro- vided that, until Apr. 15, 1985, the position of Associate Deputy Secretary could be held by a person named by the President alone. EX. ORD. NO. 11340. EFFECTIVE DATE Ex. Ord. No. 11340, Mar. 30, 1967, 32 F.R. 5453, provided: By virtue of the authority vested in me as President of the United States by Section 15 [renumbered section 16] of the Department of Transportation Act (Public Law 89–670, approved October 15, 1966; 80 Stat. 950) April 1, 1967, is hereby prescribed as the date on which the Department of Transportation Act shall take effect. LYNDON B. JOHNSON. § 103. Federal Railroad Administration (a) IN GENERAL.—The Federal Railroad Admin- istration is an administration in the Depart- ment of Transportation. Page 24 TITLE 49—TRANSPORTATION § 103 1 So in original. Probably should be ‘‘chapter;’’. (b) SAFETY.—To carry out all railroad safety laws of the United States, the Administration is divided on a 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 ad- ministered and enforced among the safety of- fices. (c) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear in- tent, encouragement, and dedication of Congress to the furtherance of the highest degree of safe- ty in railroad transportation. (d) ADMINISTRATOR.—The head of the Adminis- tration shall be the Administrator who shall be appointed by the President, by and with the ad- vice and consent of the Senate, and shall be an individual with professional experience in rail- road safety, hazardous materials safety, or other transportation safety. The Administrator shall report directly to the Secretary of Transpor- tation. (e) DEPUTY ADMINISTRATOR.—The Administra- tion shall have a Deputy Administrator who shall be appointed by the Secretary. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (f) CHIEF SAFETY OFFICER.—The Administra- tion shall have an Associate Administrator for Railroad Safety appointed in the career service by the Secretary. The Associate Administrator shall be the Chief Safety Officer of the Adminis- tration. The Associate Administrator shall carry out the duties and powers prescribed by the Administrator. (g) DUTIES AND POWERS OF THE ADMINIS- TRATOR.—The Administrator shall carry out— (1) duties and powers related to railroad safety vested in the Secretary by section 20134(c) and chapters 203 through 211 of this title, and by chapter 213 of this title for car- rying out chapters 203 through 211; (2) the duties and powers related to railroad policy and development under subsection (j); and (3) other duties and powers prescribed by the Secretary. (h) LIMITATION.—A duty or power specified in subsection (g)(1) may be transferred to another part of the Department of Transportation or an- other Federal Government entity only when spe- cifically provided by law. A decision of the Ad- ministrator in carrying out the duties or powers of the Administration and involving notice and hearing required by law is administratively final. (i) AUTHORITIES.—Subject to the provisions of subtitle I of title 40 and division C (except sec- tions 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, the Secretary of Transpor- tation may make, enter into, and perform such contracts, grants, leases, cooperative agree- ments, and other similar transactions with Fed- eral or other public agencies (including State and local governments) and private organiza- tions and persons, and make such payments, by way of advance or reimbursement, as the Sec- retary may determine to be necessary or appro- priate to carry out functions at the Administra- tion. The authority of the Secretary granted by this subsection shall be carried out by the Ad- ministrator. Notwithstanding any other provi- sion of this chapter, no authority to enter into contracts or to make payments under this sub- section shall be effective, except as provided for in appropriations Acts. (j) ADDITIONAL DUTIES OF THE ADMINIS- TRATOR.—The Administrator shall— (1) provide assistance to States in developing State rail plans prepared under chapter 227 and review all State rail plans submitted under that section; 1 (2) develop a long-range national rail plan that is consistent with approved State rail plans and the rail needs of the Nation, as de- termined by the Secretary in order to promote an integrated, cohesive, efficient, and opti- mized national rail system for the movement of goods and people; (3) develop a preliminary national rail plan within a year after the date of enactment of the Passenger Rail Investment and Improve- ment Act of 2008; (4) develop and enhance partnerships with the freight and passenger railroad industry, States, and the public concerning rail develop- ment; (5) support rail intermodal development and high-speed rail development, including high speed rail planning; (6) ensure that programs and initiatives de- veloped under this section benefit the public and work toward achieving regional and na- tional transportation goals; and (7) facilitate and coordinate efforts to assist freight and passenger rail carriers, transit agencies and authorities, municipalities, and States in passenger-freight service integration on shared rights of way by providing neutral assistance at the joint request of affected rail service providers and infrastructure owners re- lating to operations and capacity analysis, capital requirements, operating costs, and other research and planning related to cor- ridors shared by passenger or commuter rail service and freight rail operations. (k) PERFORMANCE GOALS AND REPORTS.— (1) PERFORMANCE GOALS.—In conjunction with the objectives established and activities undertaken under subsection (j) of this sec- tion, the Administrator shall develop a sched- ule for achieving specific, measurable perform- ance goals. (2) RESOURCE NEEDS.—The strategy and an- nual plans shall include estimates of the funds and staff resources needed to accomplish each goal and the additional duties required under subsection (j). (3) SUBMISSION WITH PRESIDENT’S BUDGET.— Beginning with fiscal year 2010 and each fiscal year thereafter, the Secretary shall submit to the Committee on Transportation and Infra- structure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate, at the same time as the President’s budget submission, the Administration’s performance goals and Page 25 TITLE 49—TRANSPORTATION § 103 schedule developed under paragraph (1), in- cluding an assessment of the progress of the Administration toward achieving its perform- ance goals. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98–216, § 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103–272, § 5(m)(1), July 5, 1994, 108 Stat. 1375; Pub. L. 103–440, title II, § 216, Nov. 2, 1994, 108 Stat. 4624; Pub. L. 107–217, § 3(n)(1), Aug. 21, 2002, 116 Stat. 1302; Pub. L. 110–432, div. A, title I, § 101, div. B, title III, § 307, Oct. 16, 2008, 122 Stat. 4851, 4953; Pub. L. 111–350, § 5(o)(1), Jan. 4, 2011, 124 Stat. 3853.) HISTORICAL AND REVISION NOTES PUB. L. 97–449 Revised Section Source (U.S. Code) Source (Statutes at Large) 103(a) ......... 49:1652(e)(1) (1st sen- tence related to FRA). Oct. 15, 1966, Pub. L. 89–670, §§ 3(e) (related to FRA) (1), (3), (4), 6(f)(3)(C) (related to FRA), 80 Stat. 932, 940. 49:1652a. July 8, 1976, Pub. L. 94–348, § 6, 90 Stat. 820. 103(b) ......... 49:1652(e) (related to FRA) (1) (2d, last sentences), (3) (last sentence). 103(c) ......... 49:1655(f)(3)(A). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(A), 80 Stat. 940; Aug. 22, 1972, Pub. L. 92–401, § 6, 86 Stat. 617; Jan. 3, 1975, Pub. L. 93–633, § 113(e)(1), 88 Stat. 2163. 49:1652(e)(3) (related to FRA) (less last sentence). 103(d) ......... 49:1652(e)(4) (related to FRA). 49:1655(f)(3)(C) (re- lated to FRA). In subsection (a), the words ‘‘To carry out’’ are sub- stituted for ‘‘for purposes of administering and enforc- ing’’ in 49:1652a for consistency and to eliminate sur- plus words. The words ‘‘under those laws’’ are sub- stituted for ‘‘pursuant to Federal railroad safety laws’’ to eliminate surplus words. The words ‘‘is responsible’’ are substituted for ‘‘shall retain full and final responsi- bility’’ and ‘‘shall be responsible’’ to eliminate surplus words. The words ‘‘and for the establishment of all poli- cies with respect to implementation of such laws’’ are omitted as surplus. In subsection (b), the words ‘‘Each of these compo- nents’’ are omitted as surplus. In subsection (c), the words ‘‘vested in the Secretary’’ are substituted for ‘‘as set forth in the statutes trans- ferred to the Secretary’’ in 49:1655(f)(3)(A) for clarity and consistency. The words ‘‘section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e)(1), (2), and (6)(A))’’ are substituted for ‘‘subsection (e) of this section (other than subsection (e)(4) of this section)’’ in 49:1655(f)(3)(A) for clarity. In subsection (d), the word ‘‘law’’ is substituted for ‘‘statute’’ in 49:1652(e)(4) for consistency. The words after ‘‘administratively final’’ in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving a right to ap- peal. PUB. L. 103–272 Section 5(m)(1) amends 49:103(c)(1) to include a ref- erence to section 20134(c) of the revised title. The ref- erence is included because 45:445 on which section 20134(c) is based provides that the duties and powers under that provision are to be carried out by the Ad- ministrator of the Federal Railroad Administration rather than the Secretary of Transportation. Editorial Notes REFERENCES IN TEXT The date of enactment of the Passenger Rail Invest- ment and Improvement Act of 2008, referred to in sub- sec. (j)(3), is the date of enactment of Pub. L. 110–432, which was approved Oct. 16, 2008. AMENDMENTS 2011—Subsec. (i). Pub. L. 111–350, which directed sub- stitution of ‘‘division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’ in subsec. (e), was executed to subsec. (i), to reflect the probable intent of Congress. 2008—Subsec. (a). Pub. L. 110–432, § 307(1), (2), inserted heading and struck out at end ‘‘To carry out all rail- road safety laws of the United States, the Administra- tion is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is re- sponsible for all acts taken under those laws and for en- suring that the laws are uniformly administered and enforced among the safety offices.’’ Subsecs. (b) to (k). Pub. L. 110–432, §§ 101, 307(3), (4), added subsecs. (b) to (k) and struck out former subsecs. (b) to (e), which related to: in subsec. (b), Adminis- trator as head of the Administration; in subsec. (c), Ad- ministrator’s duties and powers; in subsec. (d), transfer of duties or powers and effect of Administrator’s deci- sion; and, in subsec. (e), authority of Secretary of Transportation. 2002—Subsec. (e). Pub. L. 107–217 inserted ‘‘subtitle I of title 40 and title III of’’ before ‘‘the Federal Prop- erty’’ and substituted ‘‘(41 U.S.C. 251 et seq.)’’ for ‘‘(40 U.S.C. 471 et seq.)’’. 1994—Subsec. (c)(1). Pub. L. 103–272 substituted ‘‘sec- tion 20134(c) and chapters 203–211 of this title, and chap- ter 213 of this title in carrying out chapters 203–211’’ for ‘‘section 6(e)(1), (2), and (6)(A) of the Department of Transportation Act (49 App. U.S.C. 1655(e)(1), (2), and (6)(A))’’. Subsec. (e). Pub. L. 103–440 added subsec. (e). 1984—Subsec. (c)(1). Pub. L. 98–216 substituted ‘‘49 App. U.S.C.’’ for ‘‘49 U.S.C.’’. Statutory Notes and Related Subsidiaries UPDATE OF FEDERAL RAILROAD ADMINISTRATION WEB SITE Pub. L. 110–432, div. A, title III, § 307, Oct. 16, 2008, 122 Stat. 4881, as amended by Pub. L. 114–94, div. A, title XI, § 11316(j)(5), Dec. 4, 2015, 129 Stat. 1677, provided that: ‘‘(a) IN GENERAL.—The Secretary shall update the Federal Railroad Administration’s public Web site to better facilitate the ability of the public, including those individuals who are not regular users of the pub- lic Web site, to find current information regarding the Federal Railroad Administration’s activities. ‘‘(b) PUBLIC REPORTING OF VIOLATIONS.—On the Fed- eral Railroad Administration’s public Web site’s home page, the Secretary shall provide a mechanism for the public to submit written reports of potential violations of Federal railroad safety and hazardous materials transportation laws, regulations, and orders to the Fed- eral Railroad Administration.’’ [For definitions of ‘‘Secretary’’ and ‘‘railroad’’, as used in section 307 of Pub. L. 110–432, set out above, see section 2(a) of Pub. L. 110–432, set out as a note under section 20102 of this title.] FUNDS FOR BROADBAND HIGH SPEED INTERNET SERVICE CONNECTION FOR FEDERAL RAILROAD ADMINISTRATION EMPLOYEES Pub. L. 108–447, div. H, title I, § 151, Dec. 8, 2004, 118 Stat. 3222, provided that: ‘‘Notwithstanding any provi- sions of this or any other Act, during the fiscal year ending September 30, 2005, and hereafter, the Federal Page 26 TITLE 49—TRANSPORTATION § 104 Railroad Administration may use funds appropriated by this or any other Act to provide for the installation of a broadband high speed internet service connection, including necessary equipment, for Federal Railroad Administration employees, and to either pay directly recurring monthly charges or to reimburse a percent- age of such monthly charges which are paid by such employees: Provided, That the Federal Railroad Admin- istration certifies that adequate safeguards against pri- vate misuse exist, and that the service is necessary for direct support of the agency’s mission.’’ § 104. Federal Highway Administration (a) The Federal Highway Administration is an administration in the Department of Transpor- tation. (b)(1) The head of the Administration is the Administrator who is appointed by the Presi- dent, 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 Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out du- ties and powers prescribed by the Adminis- trator. (3) The Administration has an Assistant Fed- eral Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Admin- istrator is the chief engineer of the Administra- tion. The Assistant Administrator shall carry out duties and powers prescribed by the Admin- istrator. (c) The Administrator shall carry out— (1) duties and powers vested in the Secretary by chapter 4 of title 23 for highway safety pro- grams, research, and development related to highway design, construction and mainte- nance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and (2) additional duties and powers prescribed by the Secretary. (d) Notwithstanding the provisions of sections 101(d) and 144 of title 23, highway bridges deter- mined to be unreasonable obstructions to navi- gation under the Truman-Hobbs Act may be funded from amounts set aside from the discre- tionary bridge program. The Secretary shall transfer these allocations and the responsibility for administration of these funds to the United States Coast Guard. (Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2415; Pub. L. 103–272, §§ 4(j)(2), 5(m)(2), July 5, 1994, 108 Stat. 1365, 1375; Pub. L. 104–324, title I, § 101(b)(1), Oct. 19, 1996, 110 Stat. 3905; Pub. L. 106–159, title I, § 101(c)(2), Dec. 9, 1999, 113 Stat. 1751.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 104(a) ......... 49:1652(e)(1) (1st sen- tence related to FHWA). Oct. 15, 1966, Pub. L. 89–670, §§ 3(e) (related to FHWA) (1), (3), (4), 6(f)(3)(C) (re- lated to FHWA), 80 Stat. 932, 940. 104(b)(1) ..... 49:1652(e) (related to FHWA) (1) (less 1st sentence), (3) (last sentence). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 104(b)(2) ..... 23:303(a)(1) (1st, 2d sentences). 104(b)(3) ..... 23:303(a)(1) (last sen- tence), (b), (c). 104(c) ......... 49:1655(f)(3)(B). Oct. 15, 1966, Pub. L. 89–670, § 6(f)(3)(B), 80 Stat. 940; Jan. 3, 1975, Pub. L. 93–633, § 113(e)(2), 88 Stat. 2163. 23:401 (note). Sept. 9, 1966, Pub. L. 89–564, § 201(b)(1), 80 Stat. 735; Oct. 15, 1966, Pub. L. 89–670, § 8(h), 80 Stat. 943; restated Dec. 31, 1970, Pub. L. 91–605, § 202(a), 84 Stat. 1740. 49:1652(e)(3) (related to FHWA) (less last sentence). 104(d) ......... 49:1652(e)(4) (related to FHWA). 49:1655(f)(3)(C) (re- lated to FHWA). In subsection (b)(1), the words ‘‘Each of these compo- nents’’ are omitted as surplus. In subsection (b)(2), the words ‘‘In addition to the Ad- ministrator of the Federal Highway Administration au- thorized by section 3(e) of the Department of Transpor- tation Act’’ in 23:303(a)(1) (1st sentence) are omitted as surplus. In subsection (b)(3), the words ‘‘in the competitive service’’ are substituted for ‘‘under the classified civil service’’ to conform to 5:2102. The text of 23:303(b), (c) is omitted as unnecessary because sections 322 and 323 of the revised title restate the authority of the Sec- retary of Transportation. In subsection (c), the source provisions are consoli- dated. The words ‘‘The Administrator shall carry out duties and powers’’ are substituted for ‘‘The Secretary shall carry out through the Federal Highway Adminis- tration those provisions of the Highway Safety Act of 1966 . . . for’’ in 23:401 (note) and ‘‘carry out the func- tions, powers, and duties of the Secretary’’ in 49:1655(f)(3)(B) as being more precise, to eliminate un- necessary words, and for consistency. The words ‘‘vest- ed in the Secretary’’ are substituted for ‘‘as set forth in the statutes transferred to the Secretary’’ in 49:1655(f)(3)(B) for clarity and consistency. In subsection (d), the word ‘‘law’’ is substituted for ‘‘statute’’ in 49:1652(e)(4) for consistency. The words after ‘‘administratively final’’ in 49:1655(f)(3)(C) are omitted as unnecessary because of the restatement of the revised title and those laws giving the right to ap- peal. Editorial Notes REFERENCES IN TEXT The Truman-Hobbs Act, referred to in subsec. (d), is act June 21, 1940, ch. 409, 54 Stat. 497, also known as the Hobbs Bridge Act, which is classified generally to sub- chapter II (§ 511 et seq.) of chapter 11 of Title 33, Navi- gation and Navigable Waters. For complete classifica- tion of this Act to the Code, see Tables. AMENDMENTS 1999—Subsec. (c). Pub. L. 106–159, § 101(c)(2)(A), sub- stituted ‘‘; and’’ for the semicolon at end of par. (1), re- designated par. (3) as (2), and struck out former par. (2) which read as follows: ‘‘duties and powers related to motor carrier safety vested in the Secretary by chap- ters 5 and 315 of this title; and’’. Subsecs. (d), (e). Pub. L. 106–159, § 101(c)(2)(B), (C), re- designated subsec. (e) as (d) and struck out former sub- sec. (d) which read as follows: ‘‘A duty or power speci- fied by subsection (c)(2) of this section may be trans- ferred 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