dreamproit/uscode huggingface dataset:
49 U.S.C. § 352 (TRANSPORTATION)
§ 352. Authority to carry out certain transferred duties and powers
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.
(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1368; Pub. L. 109–59, title IV, § 4125(c), Aug. 10, 2005, 119 Stat. 1738.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
352
49 App.:1653(d).
Oct. 15, 1966, Pub. L. 89–670, § 4(d), 80 Stat. 934.
The words “force and” are omitted as surplus.
heading: References in Text
text: The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, as amended, 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 The Act was repealed and the provisions thereof reenacted in Title 49, Transportation, by Pub.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 The Act was also repealed by Pub.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.
heading: Amendments
text: 2005—Pub. L. 109–59 substituted “Federal Motor Carrier Safety Administration” for “Federal Highway Administration”.
49 U.S.C. § 353 (TRANSPORTATION)
§ 353. Toxicological testing of officers and employees
(a) Collecting Specimens.—
When the Secretary of Transportation or the head of a component of the Department of Transportation conducts post-accident or post-incident toxicological testing of an officer or employee of the Department, the Secretary or head shall collect the specimen from the officer or employee as soon as practicable after the accident or incident. The Secretary or head shall try to collect the specimen not later than 4 hours after the accident or incident.
(b) Reports.—
The head of each component shall submit a report to the Secretary on the circumstances about the amount of time required to collect the specimen for a toxicological test conducted on an officer or employee who is reasonably associated with the circumstances of an accident or incident under the investigative jurisdiction of the National Transportation Safety Board.
(c) Noncompliance Not a Defense.—
An officer or employee required to submit to toxicological testing may not assert failure to comply with this section as a claim, cause of action, or defense in an administrative or judicial proceeding.
(Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
353
49 App.:1657–1.
Nov. 28, 1990, Pub. L. 101–641, § 5, 104 Stat. 4656.
In this section, the words “officer or employee” are substituted for “employee” for clarity and consistency in the revised title and with other titles of the United States Code.
In subsection (a), the words “Secretary of Transportation or the head of a component of the Department of Transportation” are substituted for “Department of Transportation, including any of its agencies” for consistency in the revised title and with other titles of the Code.
In subsection (b), the word “Secretary” is substituted for “Office of the Secretary of Transportation” for consistency in the revised title and with other titles of the Code. The words “within that agency” are omitted as unnecessary.
In subsection (c), the words “An officer or employee required to submit to toxicological testing may not assert” are substituted for “may not be asserted” for clarity.
49 U.S.C. § 354 (TRANSPORTATION)
§ 354. Investigative authority of Inspector General
(a) In General.—
The statutory authority of the Inspector General of the Department of Transportation includes authority to conduct, pursuant to Federal criminal statutes, investigations of allegations that a person or entity has engaged in fraudulent or other criminal activity relating to the programs and operations of the Department or its operating administrations.
(b) Regulated Entities.—
The authority to conduct investigations referred to in subsection (a) extends to any person or entity subject to the laws and regulations of the Department or its operating administrations, whether or not they are recipients of funds from the Department or its operating administrations.
(Added and amended Pub. L. 108–168, § 8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.)
heading: Codification
text: The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Act of 1978, Pub. L. 95–452, set out in the Appendix to Title 5, Government Organization and Employees, which was transferred to this section, redesignated as text of section, and amended by Pub. L. 108–168, § 8(a), (b)(1), was based on Pub. L. 106–159, title II, § 228, Dec. 9, 1999, 113 Stat. 1773.
heading: Amendments
text: 2003—Pub. L. 108–168 renumbered section 228 of Pub. L. 106–159 as this section and substituted “Investigative authority of Inspector General” for “DOT Authority” in section catchline. See Codification note above.
49 U.S.C. § 524 (TRANSPORTATION)
§ 524. Evasion of regulation of motor carriers
A person, or an officer, employee, or agent of that person, that by any means tries to evade regulation of motor carriers under this chapter, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions, shall be fined at least $2,000 but not more than $5,000 for the first violation and at least $2,500 but not more than $7,500 for a subsequent violation.
(Pub. L. 97–449, § 1(b), Jan. 12, 1983, 96 Stat. 2437; Pub. L. 112–141, div. C, title II, § 32505(a), July 6, 2012, 126 Stat. 804.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
524
49:1655(f)(2).
Oct. 15, 1966, Pub. L. 89–670, § 6(f)(2), 80 Stat. 940.
The section is included because 49:1655(f)(2) gave the same administrative powers exercised by the Interstate Commerce Commission under certain sections of title 49 to the Secretary of Transportation to carry out duties transferred to the Secretary by 49:1655(e). See the revision notes for section 501 of the revised title for an explanation of the transfer under 49:1655(f)(2). The powers of the Commission have been codified in subtitle IV of the revised title. The comparable provisions of title 49 that are represented by the section may be found as follows:
text: Section 524
49 U.S. Code
Revised Section
322(c) (related to evasion of regulation).
11906
See the revision notes for the revised section for an explanation of changes made in the text. Changes not accounted for in those revision notes are as follows:
The section does not apply to motor carriers of migrant workers and motor private carriers because 49:322(c) (related to evasion of regulation) only applies to motor carriers and 49:304(a)(3) and (3a) do not apply 49:322(c) (related to evasion of regulation) to motor carriers of migrant workers and motor private carriers.
heading: Amendments
text: 2012—Pub. L. 112–141 struck out “knowingly and willfully” after “by any means”, inserted “, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502 of this title, or a regulation issued under any of those provisions,” after “this chapter”, and substituted “$2,000 but not more than $5,000” for “$200 but not more than $500” and “$2,500 but not more than $7,500” for “$250 but not more than $2,000”.
heading: Effective Date of 2012 Amendment
text: Amendment 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.
49 U.S.C. § 702 (TRANSPORTATION)
§ 702. Functions
Except as otherwise provided in the ICC Termination Act of 1995, or the amendments made thereby, the Board shall perform all functions that, immediately before January 1, 1996, were functions of the Interstate Commerce Commission or were performed by any officer or employee of the Interstate Commerce Commission in the capacity as such officer or employee.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 933; amended Pub. L. 104–287, § 5(6), Oct. 11, 1996, 110 Stat. 3389.)
heading: References in Text
text: The ICC Termination Act of 1995, referred to in text, is Pub. L. 104–88, Dec. 29, 1995, 109 Stat. 803. For complete classification of this Act to the Code, see Short Title of 1995 Amendment note set out under section 101 of this title and Tables.
heading: Amendments
text: 1996—Pub. L. 104–287 substituted “January 1, 1996” for “the effective date of such Act”.
heading: Abolition of Interstate Commerce Commission
text: Interstate Commerce Commission abolished by section 101 of Pub. L. 104–88, set out as a note under section 701 of this title.
49 U.S.C. § 703 (TRANSPORTATION)
§ 703. Administrative provisions
(a) Executive Reorganization.—
Chapter 9 of title 5, United States Code, shall apply to the Board in the same manner as it does to an independent regulatory agency, and the Board shall be an establishment of the United States Government.
(b) Open Meetings.—
For purposes of section 552b of title 5, United States Code, the Board shall be deemed to be an agency.
(c) Independence.—
In the performance of their functions, the members, employees, and other personnel of the Board shall not be responsible to or subject to the supervision or direction of any officer, employee, or agent of any other part of the Department of Transportation.
(d) Representation by Attorneys.—
Attorneys designated by the Chairman of the Board may appear for, and represent the Board in, any civil action brought in connection with any function carried out by the Board pursuant to this chapter or subtitle IV or as otherwise authorized by law.
(e) Admission To Practice.—
Subject to section 500 of title 5, the Board may regulate the admission of individuals to practice before it and may impose a reasonable admission fee.
(f) Budget Requests.—
In each annual request for appropriations by the President, the Secretary of Transportation shall identify the portion thereof intended for the support of the Board and include a statement by the Board—
(1) showing the amount requested by the Board in its budgetary presentation to the Secretary and the Office of Management and Budget; and
(2) an assessment of the budgetary needs of the Board.
(g) Direct Transmittal to Congress.—
The Board shall transmit to Congress copies of budget estimates, requests, and information (including personnel needs), legislative recommendations, prepared testimony for congressional hearings, and comments on legislation at the same time they are sent to the Secretary of Transportation. An officer of an agency may not impose conditions on or impair communications by the Board with Congress, or a committee or Member of Congress, about the information.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934.)
49 U.S.C. § 705 (TRANSPORTATION)
§ 705. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $8,421,000 for fiscal year 1996;
(2) $12,000,000 for fiscal year 1997; and
(3) $12,000,000 for fiscal year 1998.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934.)
49 U.S.C. § 706 (TRANSPORTATION)
§ 706. Reporting official action
(a) Reports on Proceedings.—
The Board shall make a written report of each proceeding conducted on complaint or on its own initiative and furnish a copy to each party to that proceeding. The report shall include the findings, conclusions, and the order of the Board and, if damages are awarded, the findings of fact supporting the award. The Board may have its reports published for public use. A published report of the Board is competent evidence of its contents.
(b) Special Rules for Matters Related to Rail Carriers.—
(1) When action of the Board in a matter related to a rail carrier is taken by the Board, an individual member of the Board, or another individual or group of individuals designated to take official action for the Board, the written statement of that action (including a report, order, decision and order, vote, notice, letter, policy statement, or regulation) shall indicate—
(A) the official designation of the individual or group taking the action;
(B) the name of each individual taking, or participating in taking, the action; and
(C) the vote or position of each participating individual.
(2) If an individual member of a group taking an official action referred to in paragraph (1) does not participate in it, the written statement of the action shall indicate that the member did not participate. An individual participating in taking an official action is entitled to express the views of that individual as part of the written statement of the action. In addition to any publication of the written statement, it shall be made available to the public under section 552(a) of title 5.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934.)
49 U.S.C. § 722 (TRANSPORTATION)
§ 722. Board action
(a) Effective Date of Actions.—
Unless otherwise provided in subtitle IV, the Board may determine, within a reasonable time, when its actions, other than an action ordering the payment of money, take effect.
(b) Terminating and Changing Actions.—
An action of the Board remains in effect under its own terms or until superseded. The Board may change, suspend, or set aside any such action on notice. Notice may be given in a manner determined by the Board. A court of competent jurisdiction may suspend or set aside any such action.
(c) Reconsidering Actions.—
The Board may, at any time on its own initiative because of material error, new evidence, or substantially changed circumstances—
(1) reopen a proceeding;
(2) grant rehearing, reargument, or reconsideration of an action of the Board; or
(3) change an action of the Board.
An interested party may petition to reopen and reconsider an action of the Board under this subsection under regulations of the Board.
(d) Finality of Actions.—
Notwithstanding subtitle IV, an action of the Board under this section is final on the date on which it is served, and a civil action to enforce, enjoin, suspend, or set aside the action may be filed after that date.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 936.)
49 U.S.C. § 723 (TRANSPORTATION)
§ 723. Service of notice in Board proceedings
(a) Designation of Agent.—
A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent in the District of Columbia, on whom service of notices in a proceeding before, and of actions of, the Board may be made.
(b) Filing and Changing Designations.—
A designation under subsection (a) shall be in writing and filed with the Board. The designation may be changed at any time in the same manner as originally made.
(c) Service of Notice.—
Except as otherwise provided, notices of the Board shall be served on its designated agent at the office or usual place of residence in the District of Columbia of that agent. A notice of action of the Board shall be served immediately on the agent or in another manner provided by law. If that carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(d) Special Rule for Rail Carriers.—
In a proceeding involving the lawfulness of classifications, rates, or practices of a rail carrier that has not designated an agent under this section, service of notice of the Board on an attorney in fact for the carrier constitutes service of notice on the carrier.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937.)
49 U.S.C. § 724 (TRANSPORTATION)
§ 724. Service of process in court proceedings
(a) Designation of Agent.—
A carrier providing transportation subject to the jurisdiction of the Board under subtitle IV shall designate an agent in the District of Columbia on whom service of process in an action before a district court may be made. Except as otherwise provided, process in an action before a district court shall be served on the designated agent of that carrier at the office or usual place of residence in the District of Columbia of that agent. If the carrier does not have a designated agent, service may be made by posting the notice in the office of the Board.
(b) Changing Designation.—
A designation under this section may be changed at any time in the same manner as originally made.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937.)
49 U.S.C. § 1101 (TRANSPORTATION)
§ 1101. Definitions
Section 2101(17a) of title 46 and section 40102(a) of this title apply to this chapter. In this chapter, the term “accident” includes damage to or destruction of vehicles in surface or air transportation or pipelines, regardless of whether the initiating event is accidental or otherwise.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, § 2, Nov. 1, 2000, 114 Stat. 1883.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1101
(no source)
A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 contains general definitions, some of which are used in those source provisions.
This section is included to ensure that the identical definitions that are relevant are used without repeating them. The source provisions for the definitions are found in the revision note for section 40102(a) of the revised title.
heading: Amendments
text: 2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as follows: “Section 40102(a) of this title applies to this chapter.”
heading: Short Title of 2006 Amendment
text: Pub. L. 109–443, § 1(a), Dec. 21, 2006, 120 Stat. 3297, provided that: “This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2006’.”
heading: Short Title of 2003 Amendment
text: Pub. L. 108–168, § 1, Dec. 6, 2003, 117 Stat. 2032, provided that: “This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the ‘National Transportation Safety Board Reauthorization Act of 2003’.”
heading: Short Title of 2000 Amendment
text: Pub. L. 106–424, § 1(a), Nov. 1, 2000, 114 Stat. 1883, provided that: “This Act [enacting section 1137 of this title, amending this section and sections 1111, 1113 to 1115, 1118, 1131, 1154, 44721, and 46301 of this title, and enacting provisions set out as notes under sections 1111, 1113, 1131, 44703, and 44721 of this title] may be cited as the ‘National Transportation Safety Board Amendments Act of 2000’.”
heading: Short Title of 1996 Amendment
text: Pub. L. 104–291, title I, § 101, Oct. 11, 1996, 110 Stat. 3452, provided that: “This title [amending sections 1114, 1115, and 1118 of this title] may be cited as the ‘National Transportation Safety Board Amendments of 1996’.”
49 U.S.C. § 1112 (TRANSPORTATION)
§ 1112. Special boards of inquiry on air transportation safety
(a) Establishment.—
If an accident involves a substantial question about public safety in air transportation, the National Transportation Safety Board may establish a special board of inquiry composed of—
(1) one member of the Board acting as chairman; and
(2) 2 members representing the public, appointed by the President on notification of the establishment of the special board of inquiry.
(b) Qualifications and Conflicts of Interest.—
The public members of a special board of inquiry must be qualified by training and experience to participate in the inquiry and may not have a pecuniary interest in an aviation enterprise involved in the accident to be investigated.
(c) Authority.—
A special board of inquiry has the same authority that the Board has under this chapter.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
1112
49 App.:1443.
Aug. 23, 1958, Pub. L. 85–726, § 703, 72 Stat. 782.
49 App.:1655(d) (1st sentence).
Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
49 App.:1903(a)(1)(A).
Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), 88 Stat. 2168.
In subsection (c), the words “when convened to investigate an accident certified to it by the National Transportation Safety Board” are omitted as surplus.