§ 103. — Federal Railroad Administration.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC103]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 103. Federal Railroad Administration
(a) The Federal Railroad Administration is an administration in the
Department of Transportation. 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 administered and enforced among the safety
offices.
(b) The head of the Administration is the Administrator who is
appointed by the President, by and with the advice and consent of the
Senate. The Administrator reports directly to the Secretary.
(c) The Administrator shall carry out--
(1) duties and powers related to railroad safety vested in the
Secretary by section 20134(c) and chapters 203-211 of this title,
and chapter 213 of this title in carrying out chapters 203-211; and
(2) additional duties and powers prescribed by the Secretary.
(d) A duty or power specified by subsection (c)(1) of this section
may be transferred 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 and involving notice and hearing required by law
is administratively final.
(e) Subject to the provisions of subtitle I of title 40 and title
III of the Federal Property and Administrative Services Act of 1949 (41
U.S.C. 251 et seq.), the Secretary of Transportation may make, enter
into, and perform such contracts, grants, leases, cooperative
agreements, and other similar transactions with Federal or other public
agencies (including State and local governments) and private
organizations and persons, and make such payments, by way of advance or
reimbursement, as the Secretary may determine to be necessary or
appropriate to carry out functions of the Federal Railroad
Administration. The authority of the Secretary granted by this
subsection shall be carried out by the Administrator. Notwithstanding
any other provision of this chapter, no authority to enter into
contracts or to make payments under this subsection shall be effective,
except as provided for in appropriations Acts.
(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2414; Pub. L. 98-216,
Sec. 2(2), Feb. 14, 1984, 98 Stat. 5; Pub. L. 103-272, Sec. 5(m)(1),
July 5, 1994, 108 Stat. 1375; Pub. L. 103-440, title II, Sec. 216, Nov.
2, 1994, 108 Stat. 4624; Pub. L. 107-217, Sec. 3(n)(1), Aug. 21, 2002,
116 Stat. 1302.)
Historical and Revision Notes
Pub. L. 97-449
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Revised Section Source (U.S. Code) Source (Statutes at Large)
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103(a)................................ 49:1652(e)(1) (1st sentence Oct. 15, 1966, Pub. L. 89-670, Secs.
related to FRA). 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, Sec. 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, Sec.
6(f)(3)(A), 80 Stat. 940; Aug. 22,
1972, Pub. L. 92-401, Sec. 6, 86
Stat. 617; Jan. 3, 1975, Pub. L. 93-
633, Sec. 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) (related to
FRA).
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In subsection (a), the words ``To carry out'' are substituted for
``for purposes of administering and enforcing'' in 49:1652a for
consistency and to eliminate surplus words. The words ``under those
laws'' are substituted for ``pursuant to Federal railroad safety laws''
to eliminate surplus words. The words ``is responsible'' are substituted
for ``shall retain full and final responsibility'' and ``shall be
responsible'' to eliminate surplus words. The words ``and for the
establishment of all policies with respect to implementation of such
laws'' are omitted as surplus.
In subsection (b), the words ``Each of these components'' are
omitted as surplus.
In subsection (c), the words ``vested in the Secretary'' are
substituted for ``as set forth in the statutes transferred 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
appeal.
Pub. L. 103-272
Section 5(m)(1) amends 49:103(c)(1) to include a reference to
section 20134(c) of the revised title. The reference 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 Administrator
of the Federal Railroad Administration rather than the Secretary of
Transportation.
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (e), is act June 30, 1949, ch. 288, 63 Stat. 377,
as amended. Title III of the Act is classified generally to subchapter
IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public Contracts. For
complete classification of this Act to the Code, see Tables.
Amendments
2002--Subsec. (e). Pub. L. 107-217 inserted ``subtitle I of title 40
and title III of'' before ``the Federal Property'' 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 ``section 20134(c)
and chapters 203-211 of this title, and chapter 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.''.
Section Referred to in Other Sections
This section is referred to in section 322 of this title.
