49 U.S.C. § 325

Advisory committees

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(a) Without regard to the provisions of title 5 governing appointment in the competitive service, the Secretary of Transportation may appoint 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 Secretary, 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 advising the Secretary in carrying out aviation duties 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 sentence 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 sentence).	Oct. 15, 1966, Pub. L. 89–670, § 9(o), 80 Stat. 947.
325(b)	49:1343(g) (1st sentence 44th–53d words, last sentence).
	49:1657(o) (last sentence).
325(c)	49:1343(g) (1st sentence 54th–last words).

In subsection (a), the words “provisions of title 5 governing appointment in the competitive service” are substituted for “civil service laws” in 49:1657(o) for clarity and consistency. The words “as shall be appropriate for the purpose of” before “consultation” in 49:1657(o) are omitted as surplus. The words “the Secretary in carrying out the duties and powers of the Secretary” are substituted for “the Department in performance of its functions” in 49:1657(o) and “the Administration 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 Transportation.

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 expenses 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 advisory committee advising the Secretary” are substituted for “in the case of any individual” in 49:1343(g) for clarity. The words “may serve” are added for clarity 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 SubsidiariesTermination 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 Organization and Employees.

Notes of Decisions

Cited in 8 cases, 1933–1993 · leading case: Boutell v. Walling, 327 U.S. 463 (1946).

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Boutell v. Walling, 327 U.S. 463 (1946). · cites it 4× “929 , 49 U.S.C. § 325 ), which authorizes investigations by the Commission as a basis for the regulation of the maximum hours of service of employees under § 204, refers only to investigations of the "maximum hours of *469 service of employees of all motor carriers and private…”

Am. Trucking Ass'ns v. United States, 31 F. Supp. 35 (D.D.C. 1939). · cites it 2× “But it is clear that rigidity was not practical in motor carrier transportation, and this fact is recognized by the Commission in a report in one of the ex parte proceedings to which we have referred. Congress, therefore, vested discretion to apply limits in the situations to be…”

Barnwell Bros. v. South Carolina State High. Dep't, 17 F. Supp. 803 (E.D.S.C. 1937). · cites it 3× “Section 225 of that act provides ( 49 U.S.C.A. § 325 ): “The Commission is hereby authorized to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles and combinations of motor vehicles and of the- qualifications and maximum hours of…”

L & L Freight Lines, Inc. v. R.R. Comm'n, 17 F. Supp. 13 (S.D. Fla. 1936). “” The argument that such authority is to be found in the quoted phrases is refuted by the specific provisions of section 225 of the act ( 49 U.S.C.A. § 325 ) that “the Commission is hereby authorized to investigate and report on the need for Federal regulation of the sizes and…”

Owner-Operator Indep. Drivers Ass'n v. Péna, 996 F.2d 338 (D.C. Cir. 1993). · cites it 2× “” Compare 49 U.S.C.A. § 325 (1963 ed.), repealed by Pub.”

Picou v. United States, 65 F.2d 439 (5th Cir. 1933). “(49 USCA § 325) 1 authorizes the forfeiture of vessels for trading outside of their licenses only when seized flagrante delicto; that it does not apply to cases like these, of past violations.”

Werner Transp. Co. v. Hughes, 19 F. Supp. 425 (N.D. Ill. 1937). “The fact that the Interstate Commerce Commission is expressly given the power by section 225 of the Federal Motor Carrier Act, 1935 ( 49 U.S.C.A. § 325 ), to investigate and report on the need for federal regulation of the size and weight of motor vehicles negatives the idea…”

Houston & North Texas Motor Freight Lines v. Phares, 19 F. Supp. 420 (N.D. Tex. 1937). “In the Motor Carrier Act of 1935 (section 225 [ 49 U.S.C.A. § 325 ]) we find this provision: - “The Commission is hereby authorized to investigate and report on the need for Federal regulation of the sizes and weight of motor vehicles.”

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