U.S. Code
»
Title 49
» Subtitle SUBTITLE I— DEPARTMENT OF TRANSPORTATION › Chapter CHAPTER 3— GENERAL DUTIES AND POWERS › Subchapter SUBCHAPTER II— ADMINISTRATIVE
49 U.S.C. § 323
Personnel
(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.(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2423.)Historical and Revision Notes |
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323(a) | 49:1343(d). | Aug. 23, 1958, Pub. L. 85–726, § 302(f), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, § 205(b), 75 Stat. 791; Oct. 11, 1962, Pub. L. 87–793, § 1001(h), 76 Stat. 864. |
| 49:1343(f). | Aug. 23, 1958, Pub. L. 85–726, § 302(h), 72 Stat. 746; Oct. 4, 1961, Pub. L. 87–367, § 205(a), 75 Stat. 791. |
| 49:1657(a). | Oct. 15, 1966, Pub. L. 89–670, § 9(a), (b), 80 Stat. 944; Mar. 27, 1978, Pub. L. 95–251, § 2(a)(12), 92 Stat. 183. |
323(b) | 49:1343(g) (1st sentence 33d–43d words). | Aug. 23, 1958, Pub. L. 85–726, § 302(i) (1st sentence 31st–41st words), 72 Stat. 747. |
| 49:1657(b). | |
In the section, the word “pay” is substituted for “compensation” for consistency with title 5.
In subsection (a), the words “In addition to the authority contained in any other Act which is transferred to and vested in the Secretary, the National Transportation Safety Board, or any other officer in the Department” before “the Secretary” and “subject to the civil service and classification laws” before “to select” in 49:1657(a) are omitted as unnecessary because of title 5, especially sections 3301, 5101, and 5331. The word “appoint” is substituted for “select, employ, appoint” because it is inclusive. The words “attorneys, and agents” after “employees” in 49:1343(d) and “including investigators, attorneys, and administrative law judges” after “employees” in 49:1657(a) are omitted as included in “officers and employees”. The words “of the Department of Transportation” are substituted for “as are necessary to carry out the provisions of this chapter” for consistency.
The text of 49:1343(d) (words after 1st comma) is omitted because of section 414(a)(1)(B) of the Civil Service Reform Act of 1978 (Pub. L. 95–454, 92 Stat. 1177). The text of 49:1343(f) is omitted because of section 414(a)(2)(A) of that Act.
In subsection (b), the word “procure” is substituted for “obtain” to conform to 5:3109. The words “unless otherwise specified in an appropriation Act” after “individuals” in 49:1657(b) are omitted as surplus.
Statutory Notes and Related SubsidiariesPost-Employment Policy StudyPub. L. 112–141, div. C, title I, § 31308(b), July 6, 2012, 126 Stat. 770, provided that:“(1)In general.—The Inspector General of the Department of Transportation shall conduct a study of the Department’s policies relating to post-employment restrictions on employees who perform functions related to transportation safety.“(2)Report.—Not later than 1 year after the date of enactment of this Act [see section 3(a), (b) of Pub. L. 112–141, set out as Effective and Termination Dates of 2012 Amendment notes under section 101 of Title 23, Highways], the Inspector General shall submit a report containing the results of the study conducted under paragraph (1) to—“(A) the Committee on Commerce, Science, and Transportation of the Senate;“(B) the Committee on Energy and Commerce of the House of Representatives; and“(C) the Secretary of Transportation.“(3)Use of results.—The Secretary of Transportation shall review the results of the study conducted under paragraph (1) and take whatever action the Secretary determines to be appropriate.”
Notes of Decisions
Edmond v. United States, 520 U.S. 651 (1997).
· cites it 4× “II Petitioners argue that the Secretary's civilian appointments to the Coast Guard Court of Criminal Appeals are invalid for two reasons: First, the Secretary lacks authority under 49 U. S. C. § 323 (a) to appoint members of the court; second, judges of military Courts of…”
Willy v. Admin. Review Bd., 423 F.3d 483 (5th Cir. 2005).
· cites it 2× “Further, although the Edmond Court held that 49 U.S.C. § 323 (a) 39 provided explicit authority to the Secretary of Transportation to appoint judges to the CGCCA, 40 nothing in Edmond requires such explicit language.”
United States v. Concord Mgmt. & Consulting LLC, 317 F. Supp. 3d 598 (D.C. Cir. 2018).
· cites it 3× “§ 913 (HHS Secretary "is authorized to appoint and fix the compensation of such officers and employees"); 49 U.S.C. § 323 (a) (Transportation Secretary "may appoint and fix the pay of officers and employees of the Department of Transportation").”
Calvin v. United States, 63 Fed. Cl. 468 (Fed. Cl. 2005).
· cites it 2× “The government disputes that this statute is applicable, citing instead to 49 U.S.C. § 323 (a), which empowers the Secretary of Transportation to “appoint and fix the pay of officers and employees of the Department of Transportation” and to “prescribe their duties and powers.”
CSX Transp. Co. v. Novolog Bucks Cnty., 502 F.3d 247 (3rd Cir. 2007).
· cites it 2× “1969), the agency relied in part on Section 223 of the ICC Act, 49 U.S.C. § 323 (1964), to decide whether a trucking association’s tariff was unlawful.”
Consol. Freightways Corp. of Delaware v. Admiral Corp., 442 F.2d 56 (7th Cir. 1971).
· cites it 3× “First, it strenuously urges that Section 223 of the Motor Carrier Act ( 49 U.S.C. § 323 ) imposes absolute statutory liability upon the consignee and that its policies may not be defeated by equitable principles.”
Lyon Van Lines, Inc. v. Cole, 512 P.2d 1108 (Wash. Ct. App. 1973).
· cites it 8× “— Does the Interstate Commerce Act, 49 U.S.C. § 323 , place absolute liability for payment of a carrier’s transportation charges upon the consignee-owner of the goods shipped notwithstanding an agreement by a third party to pay such charges? The trial judge determined that it…”
United States v. Webster, 37 M.J. 670 (1993).
· cites it 2× “49 U.S.C. § 323 (a) (Supp. II 1990) provides, “[t]he 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.”
United States v. Senior, 36 M.J. 1016 (1993).
· cites it 4× “In arriving at this conclusion Appellant acknowledges that Congress, in 49 U.S.C. § 323 (a), has authorized the Secretary of Transportation to appoint officers and employees of the Department and to prescribe their duties and powers, but says that this provision, which is…”
United States v. Carpenter, 37 M.J. 291 (1993).
“49 USC § 323 . The Secretary of Transportation is the head of a “department” as that term is used in the Appointments Clause, since he is the head of one of the cabinet-level executive departments.”
In re Grand Jury Investigation, 315 F. Supp. 3d 602 (D.C. Cir. 2018).
“(construing 49 U.S.C. § 323 (a), which authorized "[t]he Secretary of Transportation [to] appoint and fix the pay of officers and employees," to appoint Coast Guard judges because the statute's "plain language" swept broadly enough to reach such officers).”
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