
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC323]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 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, Jan. 12, 1983, 96 Stat. 2423.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
323(a)................................  49:1343(d).                      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          302(f
), 72 Stat. 746; Oct. 4, 1961,
                                                                          Pub. 
L. 87-367, Sec.  205(b), 75 Stat.
                                                                          791; 
Oct. 11, 1962, Pub. L. 87-793,
                                                                          Sec. 
 1001(h), 76 Stat. 864.
                                        49:1343(f).                      Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          302(h
), 72 Stat. 746; Oct. 4, 1961,
                                                                          Pub. 
L. 87-367, Sec.  205(a), 75 Stat.
                                                                          791.
                                        49:1657(a).                      Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          9(a),
 (b), 80 Stat. 944; Mar. 27,
                                                                          1978,
 Pub. L. 95-251, Sec.  2(a)(12),
                                                                          92 St
at. 183.
323(b)................................  49:1343(g) (1st sentence 33d-    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         43d words).                      302(i
) (1st sentence 31st-41st words),
                                                                          72 St
at. 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.
