Title 49, TransportationRelease 119-102
§352 Authority to Carry Out Certain Transferred Duties and Powers
Title 49 › SUBTITLE I — DEPARTMENT OF TRANSPORTATION › CHAPTER 3 — GENERAL DUTIES AND POWERS › SUBCHAPTER III — MISCELLANEOUS › § 352
Summary
When duties were moved under the Department of Transportation Act, the Secretary of Transportation and the heads of FRA, FMCSA, and FAA get the same authority and the same legal effect as the original agency.
Full Legal Text
Title 49, §352
Transportation, Source: USLM XML via OLRC
In carrying out a duty or power transferred under the Department of Transportation Act (Public Law 89–670, 80 Stat. 931), the Secretary of Transportation and the Administrators of the Federal Railroad Administration, the Federal Motor Carrier Safety Administration, and the Federal Aviation Administration have the same authority that was vested in the department, agency, or instrumentality of the United States Government carrying out the duty or power immediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when carried out by the department, agency, or instrumentality.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large) 35249 App.:1653(d).Oct. 15, 1966, Pub. L. 89–670, § 4(d), 80 Stat. 934. The words “force and” are omitted as surplus.
Editorial Notes
References in Text
The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, which was classified principally to sections 1651 to 1660 of former Title 49, Transportation. The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub. L. 97–449, Jan. 12, 1983, 96 Stat. 2413, and Pub. L. 103–272, July 5, 1994, 108 Stat. 745. The Act was also repealed by Pub. L. 104–287, § 7(5), Oct. 11, 1996, 110 Stat. 3400. For disposition of sections of former Title 49, see Table at the beginning of Title 49.
Amendments
2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
Reference
Citations & Metadata
Citation
49 U.S.C. § 352
Title 49, Transportation
Last Updated
Aug 21, 2026
Release point: 119-102