§5334 Administrative provisions

Act of 1984 (Public Law 98–479, 98 Stat. 2228) repealed 12:1749a(c)(2). The words “(in addition to any authority otherwise vested in him)” are omitted as surplus. In subsection (a), the text of 49 App.:1608(a) (1st sentence related to 12:1749a(c)(8)) is omitted as obsolete. Before clause (1), the words “carrying out this chapter” are substituted for “the performance of, and with respect to, the functions, powers, and duties vested in him by this chapter” to eliminate unnecessary words. In clause (1), the words “(except terms the Secretary of Labor prescribes under section 5333(b) of this title)” are added for clarity because 49 App.:1608(a) only applies to the Secretary of Transportation and does not supersede the responsibility of the Secretary of Labor. In clause (3), the word “civil” is added for clarity. The words “contract, or other” are omitted as surplus. In clause (4), the words “bid for and . . . at any foreclosure or any other sale” are omitted as surplus. In clause (6), the words “at public or private sale”, “real or personal”, and “upon such terms as he may fix” are omitted as surplus. Clause (8) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(c)(7)) to eliminate unnecessary words. In clause (9), the word “provisions” is omitted as surplus. The words “carry out this chapter” are substituted for “assure that the purposes of this subchapter will be achieved” to eliminate unnecessary words. In subsection (b), the words “regulatory” and “regulatory proceeding” are substituted for “rulemaking” for consistency in the revised title and because “rule” and “regulation” are synonymous. In subsection (b)(1), the words “Federal Transit Administration” are substituted for “Urban Mass Transportation Administration” because of section 3004(b) of the Intermodal Surface Transportation Efficiency Act of 1991 (Public Law 102–240, 105 Stat. 2088). The words “also” and “required by the first sentence of this paragraph” are omitted as surplus. In subsection (c), before clause (1), the words “In the performance of, and with respect to, the functions, powers, and duties vested in him by this subchapter . . . notwithstanding the provisions of any other law” are omitted as surplus. In clause (1), the words “prepare . . . and” and “for wholly owned Government corporations” are omitted as surplus. Subsection (d) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(b) and last sentence) to eliminate unnecessary words. In subsection (e), the words “such . . . as the making of loans” are omitted as surplus. The words “under this chapter” are added for clarity. The word “related” is substituted for “in connection with such financial transactions” to eliminate unnecessary words. The words “approved by the Secretary” are omitted as surplus. The word “binding” is substituted for “final and conclusive” to eliminate unnecessary words. The words “and employees” are added for consistency in the revised title and with other titles of the United States Code. In subsection (f), before clause (1), the words “in any way” are substituted for “complete, administer, remodel and convert, dispose of, lease and otherwise” to eliminate unnecessary words. In clause (1), the words “civil or criminal” are omitted as surplus. In clause (2), the words “political subdivision of a State” are substituted for “local” for consistency. In subsection (g)(1), before clause (A), the words “facilities and equipment and other”, “(including land)”, and “first” are omitted as surplus. In subsection (g)(3), the words “and not in lieu of” are omitted as surplus. Subsection (i) is substituted for section 1(a)(1) (related to authority and functions reserved to Secretary of Housing and Urban Development) of Reorganization Plan No. 2 of 1968 to eliminate unnecessary words. The reference to 49 App.:1602(c)(1) is translated as a reference to 49 App.:1602(e)(1) because section 2(1) of the Urban Mass Transportation Assistance Act of 1970 (Public Law 91–453, 84 Stat. 962) redesignated subsection (c) as subsection (e). The references to 49 App.:1603(a) (1st sentence), 1604, and 1607c(b) and former 49 App.:1607a are omitted as obsolete because of section 103(a) of the National Mass Transportation Act of 1974 (Public Law 93–503, 88 Stat. 1567) and section 303(b), 305(a), and 307 of the Federal Public Transportation Act of 1978 (Public Law 95–599, 92 Stat. 2737, 2743, 2747). Reference to 49 App.:1607c(c) is omitted because it was enacted after the Reorganization Plan and was not intended to be within the scope of the Plan. Subsection (j)(1) is substituted for 49 App.:1608(a) (1st sentence related to 12:1749a(e)) to eliminate unnecessary words.

The date of enactment of this paragraph, referred to in subsec. (h)(4)(D), is the date of enactment of Pub. L. 105–178, which was approved June 9, 1998.

2021—Subsec. (h)(1). Pub. L. 117–81 amended par. (1) generally. Prior to amendment, par. (1) related to authorization by Secretary of assets no longer needed. Subsec. (h)(4)(B) to (D). Pub. L. 117–58 added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively. 2012—Subsec. (a)(1). Pub. L. 112–141, § 20024(1), substituted “that receives Federal financial assistance under this chapter” for “under section 5307 and 5309–5311 of this title”. Subsec. (b)(1). Pub. L. 112–141, § 20024(2), inserted “or for purposes of establishing and enforcing a program to improve the safety of public transportation systems in the United States as described in section 5329,” after “emergency,” and substituted “chapter. The Secretary may not” for “chapter, nor may the Secretary”. Subsec. (c)(1). Pub. L. 112–141, § 20030(i)(1), substituted “Secretary shall prepare” for “Secretary of Transportation shall prepare” and “Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives” for “Committees on Transportation and Infrastructure and Appropriations of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate”. Subsec. (c)(2). Pub. L. 112–141, § 20030(i)(1)(A), substituted “Secretary shall give” for “Secretary of Transportation shall give”. Subsec. (c)(4). Pub. L. 112–141, §§ 20030(i)(1)(A), 20024(3), substituted “Secretary shall comply” for “Secretary of Transportation shall comply” and “subsection” for “section (except subsection (i)) and section 5318(e), 5323(a)(2), 5325(a), 5325(b), and 5325(f)”. Subsec. (d). Pub. L. 112–141, § 20030(i)(2), struck out “of Transportation” after “Secretary” in introductory provisions. Subsec. (e). Pub. L. 112–141, § 20030(i)(3), struck out “of Transportation” after “The Secretary”. Subsec. (f). Pub. L. 112–141, § 20030(i)(4), struck out “of Transportation” after “Secretary”. Subsec. (g). Pub. L. 112–141, § 20030(i)(5), in introductory provisions, struck out “of Transportation” after “Secretary”.and substituted “paragraph (3) or (4) of subsection (a)” for “subsection (a)(3) or (4) of this section”. Subsec. (h)(1). Pub. L. 112–141, § 20030(i)(6)(A), struck out “of Transportation” after “acquired, the Secretary” in introductory provisions. Subsec. (h)(2). Pub. L. 112–141, § 20030(i)(6)(B), struck out “of this section” after “paragraph (1)”. Subsec. (h)(3). Pub. L. 112–141, § 20024(4), substituted “any other” for “another”. Subsec. (i)(1). Pub. L. 112–141, §§ 20024(5), 20030(i)(7), substituted “title 23 may” for “title 23 shall” and “Secretary under this chapter” for “Secretary of Transportation under this chapter”. Subsec. (j). Pub. L. 112–141, § 20030(i)(8), which directed substitution of “Committee on Banking, Housing, and Urban Affairs and the Committee on Appropriations of the Senate and the Committee on Transportation and Infrastructure and the Committee on Appropriations of the House of Representatives” for “Committees on Banking, Housing, and Urban Affairs and Appropriations of the Senate and Committees on Transportation and Infrastructure and Appropriations of the House of Representatives” in subsec. (j) as redesignated by section 20025 of Pub. L. 112–141, was executed to subsec. (j) as redesignated by section 20024 of Pub. L. 112–141, to reflect the probable intent of Congress. Pub. L. 112–141, § 20024(6), (7), redesignated subsec. (k) as (j) and struck out former subsec. (j). Prior to amendment, text read as follows: “(1) section 9107(a) of title 31 applies to the Secretary of Transportation under this chapter. “(2) section 6101(b) to (d) of title 41 applies to a contract for more than $1,000 for services or supplies related to property acquired under this chapter.” Subsecs. (k), (l). Pub. L. 112–141, § 20024(7), redesignated subsecs. (k) and (l) as (j) and (k), respectively. 2011—Subsec. (j)(2). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”. 2005—Subsec. (a)(10). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”. Subsec. (a)(11). Pub. L. 109–59, § 3032(1), added par. (11). Subsec. (b). Pub. L. 109–59, § 3032(4), added subsec. (b). Former subsec. (b) redesignated (c). Subsec. (c). Pub. L. 109–59, § 3032(3), redesignated subsec. (b) as (c). Former subsec. (c) redesignated (d). Subsec. (c)(4). Pub. L. 109–59, § 3032(5), added par. (4) and struck out former par. (4) which read as follows: “The Secretary of Transportation shall comply with this section (except subsections (h) and (i)) and section 5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d) when proposing or carrying out a regulation governing an activity under this chapter, except for a routine matter or a matter with no significant impact.” Subsecs. (d) to (f). Pub. L. 109–59, § 3032(3), redesignated subsecs. (c) to (e) as (d) to (f), respectively. Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 109–59, § 3032(3), redesignated subsec. (f) as (g). Former subsec. (g) redesignated (h). Subsec. (g)(1), (4)(A). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation”. Subsec. (h). Pub. L. 109–59, § 3032(3), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Pub. L. 109–59, § 3002(b)(4), substituted “public transportation” for “mass transportation” in pars. (1) and (2). Subsec. (i). Pub. L. 109–59, § 3032(2), (3), redesignated subsec. (h) as (i) and struck out heading and text of former subsec. (i). Text read as follows: “The Secretary of Housing and Urban Development shall— “(1) carry out section 5312(a) and (b)(1) of this title related to— “(A) urban transportation systems and planned development of urban areas; and “(B) the role of transportation planning in overall urban planning; and “(2) advise and assist the Secretary of Transportation in making findings under section 5323(a)(1)(A) of this title.” Subsecs. (k), (l). Pub. L. 109–59, § 3032(6), added subsecs. (k) and (l). 1998—Pub. L. 105–178, § 3025(b)(1), inserted “provisions” after “Administrative” in section catchline. Subsec. (a)(10). Pub. L. 105–178, § 3025(a), added par. (10). Subsec. (b)(4). Pub. L. 105–178, § 3023(c), substituted “5323(a)(2), 5323(c), 5323(e), 5324(c), 5325(a), 5325(b), 5326(c), and 5326(d)” for “5323(a)(2), (c) and (e), 5324(c), and 5325 of this title”. Subsec. (g)(4). Pub. L. 105–178, § 3025(c), added par. (4). 1996—Subsec. (b)(1). Pub. L. 104–287 substituted “Transportation and Infrastructure” for “Public Works and Transportation”. Subsec. (c)(2). Pub. L. 104–316 substituted “for” for “the Comptroller General shall”.

of 2012 AmendmentAmendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.