
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: 49USC324]

 
                        TITLE 49--TRANSPORTATION
 
                SUBTITLE I--DEPARTMENT OF TRANSPORTATION
 
                  CHAPTER 3--GENERAL DUTIES AND POWERS
 
                      SUBCHAPTER II--ADMINISTRATIVE
 
Sec. 324. Members of the armed forces

    (a) The Secretary of Transportation--
        (1) to ensure that national defense interests are safeguarded 
    properly and that the Secretary is advised properly about the needs 
    and special problems of the armed forces, shall provide for 
    participation of members of the armed forces in carrying out the 
    duties and powers of the Secretary related to the regulation and 
    protection of air traffic, including providing for, and research and 
    development of, air navigation facilities, and the allocation of 
    airspace; and
        (2) may provide for participation of members of the armed forces 
    in carrying out other duties and powers of the Secretary.

    (b) A member of the Coast Guard on active duty may be appointed, 
detailed, or assigned to a position in the Department of Transportation, 
except the position of Secretary, Deputy Secretary, or Assistant 
Secretary for Administration. A retired member of the Coast Guard may be 
appointed, detailed, or assigned to a position in the Department.
    (c) The Secretary of Transportation and the Secretary of a military 
department may make cooperative agreements, including agreements on 
reimbursement as may be considered appropriate by the Secretaries, under 
which a member of the armed forces may be appointed, detailed, or 
assigned to the Department of Transportation under this section. The 
Secretary of Transportation shall send a report each year to the 
appropriate committees of Congress on agreements made to carry out 
subsection (a)(2) of this section, including the number, rank, and 
position of each member appointed, detailed, or assigned under those 
agreements.
    (d) The Secretary of a military department does not control the 
duties and powers of a member of the armed forces appointed, detailed, 
or assigned under this section when those duties and powers pertain to 
the Department of Transportation. A member of the armed forces 
appointed, detailed, or assigned under subsection (a)(2) of this section 
may not be charged against a statutory limitation on grades or strengths 
of the armed forces. The appointment, detail, or assignment and service 
of a member under this section to a position in the Department of 
Transportation does not affect the status, office, rank, or grade held 
by that member, or a right or benefit arising from that status, office, 
rank, or grade.

(Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2423.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
324(a)(1).............................  49:1343(a)(1) (1st sentence).    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          302(c
)(1), (2) (related to cooperative
                                                                          agree
ments), 72 Stat. 745.
324(a)(2).............................  49:1657(c) (1st sentence).       Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          9(c),
 (d), 80 Stat. 944.
324(b)................................  49:1657(p).                      Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          9(p),
 80 Stat. 947; Oct. 28, 1974,
                                                                          Pub. 
L. 93-496, Sec.  16(b), 88 Stat.
                                                                          1533.
324(c)................................  49:1343(a)(1) (less 1st
                                         sentence).
                                        49:1657(c) (less 1st sentence),
                                         (d)(2).
324(d)................................  49:1343(a)(2) (related to
                                         cooperative agreements).
                                        49:1657(d)(1).
-------------------------------------------------------------------------------
---------------------------------

    In the section, the words ``members of the armed forces'' are 
substituted for ``military personnel'', ``Members of the Army, the Navy, 
the Air Force, or the Marine Corps'', and ``members of the armed 
services'' for clarity and to conform to title 10.
    In subsection (a)(2), the words ``other duties and powers of the 
Secretary'' are substituted for ``the functions of the Department'' for 
clarity and consistency.
    In subsection (b), the words ``Notwithstanding any provision of this 
chapter or other law'' before ``a member'' and ``Subject to the 
provisions of title 5'' before ``a retired'' are omitted as unnecessary.
    In subsection (c), the words ``The Secretary of Transportation and 
the Secretary of a military department may make cooperative agreements 
under which'' are substituted for ``by the appropriate Secretary, 
pursuant to cooperative agreements with the Secretary of 
Transportation'' in 49:1343(a)(1) and 49:1657(c) for clarity. The words 
``or the Coast Guard'' before ``may be detailed'' in 49:1343(a)(1) (2d 
sentence) are omitted because of the transfer of the Coast Guard to the 
Secretary under 49:1655(b) and the transfer of aviation functions to the 
Secretary under 49:1655(c)(1). The words ``may be appointed, detailed, 
or assigned'' are substituted for ``may be detailed'' for clarity and 
consistency in 49:1343(a)(1) and 49:1657(c). The words ``to the 
Department of Transportation'' are substituted for ``for service in the 
Administration to effect such participation'' in 49:1343(a)(1) because 
of the transfer of aviation functions to the Secretary under 
49:1655(c)(1) and to eliminate unnecessary words. The words ``in 
writing'' after ``annually'' in 49:1657(d)(2) are omitted as 
unnecessary. The words ``each member appointed, detailed, or assigned'' 
are substituted for ``personnel appointed'' and ``members of the armed 
services detailed'' in 49:1657(d)(2) for clarity and consistency.
    In subsection (d), the words ``The Secretary of a military 
department'' are substituted for ``his armed force or any officer 
thereof'' in 49:1657(d)(1) and ``the department from which detailed or 
appointed or by any agency or officer thereof'' in 49:1343(a)(2) for 
clarity and consistency. The words ``directly or indirectly'' before 
``with respect to'' are omitted as surplus. The words ``the duties and 
powers of . . . when those duties and powers pertain to the Department 
of Transportation'' are substituted for ``with respect to his 
responsibilities under this chapter or within the Administration'' in 
49:1343(a)(2) and ``with respect to the responsibilities exercised in 
the position to which appointed, detailed, or assigned'' in 
49:1657(d)(1) for consistency and because of the transfer of aviation 
functions to the Secretary under 49:1655(c)(1). The words ``does not 
control'' are substituted for ``No . . . shall be subject to direction 
or control by'' in 49:1343(a)(2) and ``shall not be subject to direction 
by or control by'' 49:1657(d)(1) for clarity. The words ``the acceptance 
of'' before ``and service'' and ``any appointive or other'' before 
``position'' in 49:1657(d)(1) are omitted as unnecessary. The words ``a 
member'' are added because of the restatement of the section. The words 
``that member'' are substituted for ``commissioned officers or enlisted 
men'' in 49:1343(a)(2) and ``officers and enlisted men'' in 
49:1657(d)(1) because of the restatement of the section and to eliminate 
unnecessary words. The word ``held'' is substituted for ``may occupy or 
hold'' to eliminate unnecessary words. The words ``right or benefit'' 
are substituted for ``emolument, perquisite, right, privilege, or 
benefit'' to eliminate unnecessary words. The words ``incident to or'' 
before ``arising'' are omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in title 14 section 42.
