Notes on 49 U.S.C. § 101 : US Code - Notes

Search Notes on 49 U.S.C. § 101 : US Code - Notes

(Pub. L. 97-449, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2414; Pub. L.
102-240, title VI, Sec. 6018, Dec. 18, 1991, 105 Stat. 2183.)
HISTORICAL AND REVISION NOTES
--------------------------------------------------------------------
Revised Source (U.S. Code) Source (Statutes at Large)
Section
--------------------------------------------------------------------
101(a) 49:1651(a). Oct. 15, 1966, Pub. L.
89-670, Sec. 2(a), (b)(1),
80 Stat. 931.
101(b) 49:1651(b)(1).
--------------------------------------------------------------------
In subsections (a) and (b), the introductory declaratory words
are omitted as surplus.
In subsection (a), the words "national objectives of" are
inserted for clarity. The words "United States" are substituted for
"Nation" and "Nation's", respectively, for consistency. The word
"contribute" is substituted for "conducive" because the substituted
word is more commonly used. The word "those" is substituted for
"utilization".
In subsection (b)(2), the word "greatest" is substituted for
"maximum" for consistency.
In subsection (b)(3) and (6), the word "national" is omitted
before "transportation" as unnecessary and for consistency.
In subsection (b)(3), the word "persons" is substituted for
"parties" as being more precise.
In subsection (b)(6), the words "transportation objectives" are
substituted for "these objectives" for clarity and consistency. The
words "full and appropriate" and "for approval" are omitted as
surplus.
AMENDMENTS
1991 - Subsec. (b)(4). Pub. L. 102-240 inserted ", through
research and development or otherwise" after "advances in
transportation".
SHORT TITLE OF 2004 AMENDMENT
Pub. L. 108-426, Sec. 1, Nov. 30, 2004, 118 Stat. 2423, provided
that: "This Act [enacting section 108 of this title, amending
sections 111, 112, 5118, and 5503 of this title, sections 5314 and
5316 of Title 5, Government Organization and Employees, section 844
of Title 18, Crimes and Criminal Procedure, section 2761 of Title
33, Navigation and Navigable Waters, and section 1121-2 of of Title
46, Appendix, Shipping, enacting provisions set out as notes under
sections 108 and 112 of this title, and amending provisions set out
as a note under section 1135 of this title] may be cited as the
'Norman Y. Mineta Research and Special Programs Improvement Act'."
SHORT TITLE OF 1999 AMENDMENT
Pub. L. 106-159, Sec. 1(a), Dec. 9, 1999, 113 Stat. 1748,
provided that: "This Act [see Tables for classification] may be
cited as the 'Motor Carrier Safety Improvement Act of 1999'."
SHORT TITLE OF 1995 AMENDMENT
Pub. L. 104-88, Sec. 1(a), Dec. 29, 1995, 109 Stat. 803, provided
that: "This Act [see Tables for classification] may be cited as the
'ICC Termination Act of 1995'."
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-411, Sec. 1, Oct. 25, 1994, 108 Stat. 4236, provided
that: "This Act [amending sections 1118, 1131, and 40102 of this
title and enacting provisions set out as notes under sections 1131
and 40109 of this title] may be cited as the 'Independent Safety
Board Act Amendments of 1994'."
SHORT TITLE OF 1991 AMENDMENT
Section 1 of Pub. L. 102-240 provided that: "This Act [see Tables
for classification] may be cited as the 'Intermodal Surface
Transportation Efficiency Act of 1991'."
CONGRESSIONAL DECLARATION OF POLICY REGARDING NATIONAL INTERMODAL
TRANSPORTATION SYSTEM
Section 2 of Pub. L. 102-240, which provided that it was the
policy of the United States to develop a National Intermodal
Transportation System consisting of all forms of transportation in
a unified, interconnected manner, a National Highway System,
improvements in public transportation achieving goals for improved
air quality, energy conservation, international competitiveness,
and mobility for elderly persons, persons with disabilities, and
economically disadvantaged persons, was repealed and reenacted as
section 5501 of this title by Pub. L. 103-272, Secs. 1(d), 7(b),
July 5, 1994, 108 Stat. 848, 1379.
"SECRETARY" DEFINED
Pub. L. 106-159, Sec. 2, Dec. 9, 1999, 113 Stat. 1749, provided
that: "In this Act [see Tables for classification], the term
'Secretary' means the Secretary of Transportation."
Section 3 of Pub. L. 102-240 provided that: "As used in this Act
[see Short Title of 1991 Amendment note set out above], the term
'Secretary' means the Secretary of Transportation."
EX. ORD. NO. 13330. HUMAN SERVICE TRANSPORTATION COORDINATION
Ex. Ord. No. 13330, Feb. 24, 2004, 69 F.R. 9185, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, and to enhance access
to transportation to improve mobility, employment opportunities,
and access to community services for persons who are transportation-
disadvantaged, it is hereby ordered as follows:
Section 1. This order is issued consistent with the following
findings and principles:
(a) A strong America depends on citizens who are productive and
who actively participate in the life of their communities.
(b) Transportation plays a critical role in providing access to
employment, medical and health care, education, and other community
services and amenities. The importance of this role is underscored
by the variety of transportation programs that have been created in
conjunction with health and human service programs, and by the
significant Federal investment in accessible public transportation
systems throughout the Nation.
(c) These transportation resources, however, are often difficult
for citizens to understand and access, and are more costly than
necessary due to inconsistent and unnecessary Federal and State
program rules and restrictions.
(d) A broad range of Federal program funding allows for the
purchase or provision of transportation services and resources for
persons who are transportation-disadvantaged. Yet, in too many
communities, these services and resources are fragmented, unused,
or altogether unavailable.
(e) Federally assisted community transportation services should
be seamless, comprehensive, and accessible to those who rely on
them for their lives and livelihoods. For persons with mobility
limitations related to advanced age, persons with disabilities, and
persons struggling for self-sufficiency, transportation within and
between our communities should be as available and affordable as
possible.
(f) The development, implementation, and maintenance of
responsive, comprehensive, coordinated community transportation
systems is essential for persons with disabilities, persons with
low incomes, and older adults who rely on such transportation to
fully participate in their communities.
Sec. 2. Definitions. (a) As used in this order, the term "agency"
means an executive department or agency of the Federal Government.
(b) For the purposes of this order, persons who are
transportation-disadvantaged are persons who qualify for Federally
conducted or Federally assisted transportation-related programs or
services due to disability, income, or advanced age.
Sec. 3. Establishment of the Interagency Transportation
Coordinating Council on Access and Mobility. (a) There is hereby
established, within the Department of Transportation for
administrative purposes, the "Interagency Transportation
Coordinating Council on Access and Mobility" ("Interagency
Transportation Coordinating Council" or "Council"). The membership
of the Interagency Transportation Coordinating Council shall
consist of:
(i) the Secretaries of Transportation, Health and Human
Services, Education, Labor, Veterans Affairs, Agriculture,
Housing and Urban Development, and the Interior, the Attorney
General, and the Commissioner of Social Security; and
(ii) such other Federal officials as the Chairperson of the
Council may designate.
(b) The Secretary of Transportation, or the Secretary's designee,
shall serve as the Chairperson of the Council. The Chairperson
shall convene and preside at meetings of the Council, determine its
agenda, direct its work, and, as appropriate to particular subject
matters, establish and direct subgroups of the Council, which shall
consist exclusively of the Council's members.
(c) A member of the Council may designate any person who is part
of the member's agency and who is an officer appointed by the
President or a full-time employee serving in a position with pay
equal to or greater than the minimum rate payable for GS-15 of the
General Schedule to perform functions of the Council or its
subgroups on the member's behalf.
Sec. 4. Functions of the Interagency Transportation Coordinating
Council. The Interagency Transportation Coordinating Council shall:
(a) promote interagency cooperation and the establishment of
appropriate mechanisms to minimize duplication and overlap of
Federal programs and services so that transportation-disadvantaged
persons have access to more transportation services;
(b) facilitate access to the most appropriate, cost-effective
transportation services within existing resources;
(c) encourage enhanced customer access to the variety of
transportation and resources available;
(d) formulate and implement administrative, policy, and
procedural mechanisms that enhance transportation services at all
levels; and
(e) develop and implement a method for monitoring progress on
achieving the goals of this order.
Sec. 5. Report. In performing its functions, the Interagency
Transportation Coordinating Council shall present to me a report
not later than 1 calendar year from the date of this order. The
report shall:
(a) Identify those Federal, State, Tribal and local laws,
regulations, procedures, and actions that have proven to be most
useful and appropriate in coordinating transportation services for
the targeted populations;
(b) Identify substantive and procedural requirements of
transportation-related Federal laws and regulations that are
duplicative or restrict the laws' and regulations' most efficient
operation;
(c) Describe the results achieved, on an agency and program
basis, in: (i) simplifying access to transportation services for
persons with disabilities, persons with low income, and older
adults; (ii) providing the most appropriate, cost-effective
transportation services within existing resources; and (iii)
reducing duplication to make funds available for more services to
more such persons;
(d) Provide recommendations to simplify and coordinate applicable
substantive, procedural, and administrative requirements; and
(e) Provide any other recommendations that would, in the judgment
of the Council, advance the principles set forth in section 1 of
this order.
Sec. 6. General. (a) Agencies shall assist the Interagency
Transportation Coordinating Council and provide information to the
Council consistent with applicable law as may be necessary to carry
out its functions. To the extent permitted by law, and as permitted
by available agency resources, the Department of Transportation
shall provide funding and administrative support for the Council.
(b) Nothing in this order shall be construed to impair or
otherwise affect the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or
legislative proposals.
(c) This order is intended only to improve the internal
management of the executive branch and is not intended to, and does
not, create any right or benefit, substantive or procedural,
enforceable at law or in equity by a party against the United
States, its departments, agencies, instrumentalities or entities,
its officers or employees, or any other person.
George W. Bush.