dreamproit/uscode huggingface dataset:
49 U.S.C. § 112 (TRANSPORTATION)
[§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570]
text: Section, added Pub. L. 102–508, title IV, § 401(a), Oct. 24, 1992, 106 Stat. 3310; amended Pub. L. 103–429, § 6(1), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 108–426, § 4(a), Nov. 30, 2004, 118 Stat. 2425; Pub. L. 109–59, title VII, § 7301, Aug. 10, 2005, 119 Stat. 1914; Pub. L. 112–141, div. E, title II, § 52012, July 6, 2012, 126 Stat. 896; Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, related to establishment of the Research and Innovative Technology Administration, whose functions were subsequently transferred to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation. See Transfer of Duties and Powers note below.
heading: Effective Date of Repeal
text: Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
heading: Transfer of Duties and Powers
text: Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 574, provided in part: “That notwithstanding any other provision of law, the powers and duties, functions, authorities and personnel of the Research and Innovative Technology Administration are hereby transferred to the Office of the Assistant Secretary for Research and Technology in the Office of the Secretary: Provided further, That notwithstanding section 102 of title 49 and section 5315 of title 5, United States Code, there shall be an Assistant Secretary for Research and Technology within the Office of the Secretary, appointed by the President with the advice and consent of the Senate, to lead such office: Provided further, That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.”
[Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696, provided in part: “That any reference in law, regulation, judicial proceedings, or elsewhere to the Research and Innovative Technology Administration shall continue to be deemed to be a reference to the Office of the Assistant Secretary for Research and Technology of the Department of Transportation.”
]
Pub. L. 108–426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, provided that: “The authority of the Research and Special Programs Administration, other than authority exercised under chapters 51, 57, 61, 601, and 603 of title 49, United States Code, is transferred to the Administrator of the Research and Innovative Technology Administration.”
For transfer of authority of the Research and Special Programs Administration exercised under chapters 51, 57, 61, 601, and 603 of this title to the Administrator of the Pipeline and Hazardous Materials Safety Administration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title.
49 U.S.C. § 117 (TRANSPORTATION)
§ 117. Council on Credit and Finance
(a) Establishment.—
The Secretary of Transportation shall establish a Council on Credit and Finance in accordance with this section.
(b) Membership.—
(1) In general.—
The Council shall be composed of the following members:
(A) The Deputy Secretary of Transportation.
(B) The Under Secretary of Transportation for Policy.
(C) The Chief Financial Officer and Assistant Secretary for Budget and Programs.
(D) The General Counsel of the Department of Transportation.
(E) The Assistant Secretary for Transportation Policy.
(F) The Administrator of the Federal Highway Administration.
(G) The Administrator of the Federal Transit Administration.
(H) The Administrator of the Federal Railroad Administration.
(2) Additional members.—
The Secretary may designate up to 3 additional officials of the Department to serve as at-large members of the Council.
(3) Chairperson and vice chairperson.—
(A) Chairperson.—
The Deputy Secretary of Transportation shall serve as the chairperson of the Council.
(B) Vice chairperson.—
The Chief Financial Officer and Assistant Secretary for Budget and Programs shall serve as the vice chairperson of the Council.
(4) Executive director.—
The Executive Director of the National Surface Transportation and Innovative Finance Bureau shall serve as a nonvoting member of the Council.
(c) Duties.—
The Council shall—
(1) review applications for assistance submitted under the programs referred to in subparagraphs (A), (B), and (C) of section 116(d)(1);
(2) review applications for assistance submitted under the program referred to in section 116(d)(1)(D), as determined appropriate by the Secretary;
(3) make recommendations to the Secretary regarding the selection of projects to receive assistance under such programs;
(4) review, on a regular basis, projects that received assistance under such programs; and
(5) carry out such additional duties as the Secretary may prescribe.
(Added Pub. L. 114–94, div. A, title IX, § 9002(a), Dec. 4, 2015, 129 Stat. 1618.)
heading: Effective Date
text: Section effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amendment note under section 5313 of Title 5, Government Organization and Employees.
49 U.S.C. § 725 (TRANSPORTATION)
[§ 725. Repealed. Pub. L. 114–110, § 3(a)(4), Dec. 18, 2015, 129 Stat. 2228]
text: Section, Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 937, required Secretary of Transportation to provide administrative support for the Board.
49 U.S.C. § 727 (TRANSPORTATION)
[§ 727. Repealed.Pub. L. 114–110, § 3(a)(4), Dec. 18, 2015, 129 Stat. 2228]
text: Section, Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 940, related to definitions for this chapter.
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 2015 Amendment
text: Pub. L. 114–110, § 1(a), Dec. 18, 2015, 129 Stat. 2228, provided that: “This Act [see Tables for classification] may be cited as the ‘Surface Transportation Board Reauthorization Act of 2015’.”
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. § 1302 (TRANSPORTATION)
§ 1302. 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, § 702; amended Pub. L. 104–287, § 5(6), Oct. 11, 1996, 110 Stat. 3389; renumbered § 1302, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
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: 2015—Pub. L. 114–110 renumbered section 702 of this title as this section.
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 1301 of this title.
49 U.S.C. § 1304 (TRANSPORTATION)
§ 1304. Reports
(a) Annual Report.—
The Board shall annually transmit to the Congress a report on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.
(b) Rate Case Review Metrics.—
(1) Quarterly reports.—
The Board shall post a quarterly report of rail rate review cases pending or completed by the Board during the previous quarter that includes—
(A) summary information of the case, including the docket number, case name, commodity or commodities involved, and rate review guideline or guidelines used;
(B) the date on which the rate review proceeding began;
(C) the date for the completion of discovery;
(D) the date for the completion of the evidentiary record;
(E) the date for the submission of closing briefs;
(F) the date on which the Board issued the final decision; and
(G) a brief summary of the final decision;
(2) Website posting.—
Each quarterly report shall be posted on the Board’s public website.
(c) Complaints.—
(1) In general.—
The Board shall establish and maintain a database of complaints received by the Board.
(2) Quarterly reports.—
The Board shall post a quarterly report of formal and informal service complaints received by the Board during the previous quarter that includes—
(A) the date on which the complaint was received by the Board;
(B) a list of the type of each complaint;
(C) the geographic region of each complaint; and
(D) the resolution of each complaint, if appropriate.
(3) Written consent.—
The quarterly report may identify a complainant that submitted an informal complaint only upon the written consent of the complainant.
(4) Website posting.—
Each quarterly report shall be posted on the Board’s public website.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 704; renumbered § 1304 and amended Pub. L. 114–110, §§ 3(a)(3), 6, Dec. 18, 2015, 129 Stat. 2228, 2231.)
heading: Amendments
text: 2015—Pub. L. 114–110, § 6, substituted “Reports” for “Annual report” in section catchline, designated existing provisions as subsec. (a) and inserted heading, substituted “on its activities, including each instance in which the Board has initiated an investigation on its own initiative under this chapter or subtitle IV.” for “on its activities.”, and added subsecs. (b) and (c).
Pub. L. 114–110, § 3(a)(3), renumbered section 704 of this title as this section.
heading: Quarterly Reports
text: Pub. L. 114–110, § 15(b), Dec. 18, 2015, 129 Stat. 2238, provided that: “Beginning not later than 60 days after the date of the enactment of this Act [Dec. 18, 2015], the Surface Transportation Board shall submit quarterly reports to the congressional committees referred to in section 14(b) [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] that describes the Surface Transportation Board’s progress toward addressing the issues raised in each unfinished regulatory proceeding, regardless of whether the proceeding is subject to a statutory or regulatory deadline.”
49 U.S.C. § 1305 (TRANSPORTATION)
§ 1305. Authorization of appropriations
There are authorized to be appropriated for the activities of the Board—
(1) $33,000,000 for fiscal year 2016;
(2) $35,000,000 for fiscal year 2017;
(3) $35,500,000 for fiscal year 2018;
(4) $35,500,000 for fiscal year 2019; and
(5) $36,000,000 for fiscal year 2020.
(Added Pub. L. 104–88, title II, § 201(a), Dec. 29, 1995, 109 Stat. 934, § 705; renumbered § 1305 and amended Pub. L. 114–110, §§ 3(a)(3), 7, Dec. 18, 2015, 129 Stat. 2228, 2232.)
heading: Amendments
text: 2015—Pub. L. 114–110, § 3(a)(3), renumbered section 705 of this title as this section.
Pars. (1) to (5). Pub. L. 114–110, § 7, added pars. (1) to (5) and struck out former pars. (1) to (3) which related to appropriations for fiscal years 1996, 1997, and 1998, respectively.
49 U.S.C. § 1306 (TRANSPORTATION)
§ 1306. 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, § 706; renumbered § 1306, Pub. L. 114–110, § 3(a)(3), Dec. 18, 2015, 129 Stat. 2228.)
heading: Amendments
text: 2015—Pub. L. 114–110 renumbered section 706 of this title as this section.
49 U.S.C. § 1322 (TRANSPORTATION)
§ 1322. 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, § 722; renumbered § 1322, Pub. L. 114–110, § 3(a)(5), Dec. 18, 2015, 129 Stat. 2228.)
heading: Amendments
text: 2015—Pub. L. 114–110 renumbered section 722 of this title as this section.
49 U.S.C. § 1323 (TRANSPORTATION)
§ 1323. 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 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 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, § 723; renumbered § 1323 and amended Pub. L. 114–110, §§ 3(a)(5), 8(a), Dec. 18, 2015, 129 Stat. 2228, 2232.)
heading: Amendments
text: 2015—Pub. L. 114–110, § 3(a)(3), renumbered section 723 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 8(a)(1), struck out “in the District of Columbia,” after “designate an agent”.
Subsec. (c). Pub. L. 114–110, § 8(a)(2), struck out “in the District of Columbia” after “ usual place of residence”.
49 U.S.C. § 1324 (TRANSPORTATION)
§ 1324. 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 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 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, § 724; renumbered § 1324 and amended Pub. L. 114–110, §§ 3(a)(5), 8(b), Dec. 18, 2015, 129 Stat. 2228, 2232.)
heading: Amendments
text: 2015—Pub. L. 114–110, § 3(a)(3), renumbered section 724 of this title as this section.
Subsec. (a). Pub. L. 114–110, § 8(b), struck out “in the District of Columbia” after “designate an agent” and “usual place of residence”.
49 U.S.C. § 1326 (TRANSPORTATION)
§ 1326. Authority of the Inspector General
(a) In General.—
The Inspector General of the Department of Transportation, in accordance with the mission of the Inspector General to prevent and detect fraud and abuse, shall have authority to review only the financial management, property management, and business operations of the Surface Transportation Board, including internal accounting and administrative control systems, to determine the Board’s compliance with applicable Federal laws, rules, and regulations.
(b) Duties.—
In carrying out this section, the Inspector General shall—
(1) keep the Chairman of the Board, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives fully and currently informed about problems relating to administration of the internal accounting and administrative control systems of the Board;
(2) issue findings and recommendations for actions to address the problems referred to in paragraph (1); and
(3) submit periodic reports to the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Transportation and Infrastructure of the House of Representatives that describe any progress made in implementing actions to address the problems referred to in paragraph (1).
(c) Access to Information.—
In carrying out this section, the Inspector General may exercise authorities granted to the Inspector General under subsections (a) and (b) of section 6 of the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Authorization of Appropriations.—
(1) Funding.—
There are authorized to be appropriated to the Secretary of Transportation for use by the Inspector General of the Department of Transportation such sums as may be necessary to cover expenses associated with activities pursuant to the authority exercised under this section.
(2) Reimbursable agreement.—
In the absence of an appropriation under this subsection for an expense referred to in paragraph (1), the Inspector General and the Board shall have a reimbursement agreement to cover such expense.
(Added Pub. L. 114–110, § 9, Dec. 18, 2015, 129 Stat. 2232.)
heading: References in Text
text: Section 6 of the Inspector General Act of 1978, referred to in subsec. (c), is section 6 of Pub. L. 95–452, which is set out in the Appendix to Title 5, Government Organization and Employees.