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49 U.S.C. § 1137 (TRANSPORTATION)
§ 1137. 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 National Transportation Safety Board, including internal accounting and administrative control systems, to determine 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 and Congress 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 such problems; and
(3) report periodically to Congress on any progress made in implementing actions to address such problems.
(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) Authorizations 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 reimbursable agreement to cover such expense.
(Added Pub. L. 106–424, § 12(a), Nov. 1, 2000, 114 Stat. 1887; amended Pub. L. 109–443, § 4, Dec. 21, 2006, 120 Stat. 3299.)
heading: Editorial Notes
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.
heading: Amendments
text: 2006—Subsec. (d). Pub. L. 109–443 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: “The Inspector General shall be reimbursed by the Board for the costs associated with carrying out activities under this section.”
49 U.S.C. § 1138 (TRANSPORTATION)
§ 1138. Evaluation and audit of National Transportation Safety Board
(a) In General.—
To promote economy, efficiency, and effectiveness in the administration of the programs, operations, and activities of the National Transportation Safety Board, the Comptroller General of the United States shall evaluate and audit the programs and expenditures of the National Transportation Safety Board. Such evaluation and audit shall be conducted as determined necessary by the Comptroller General or the appropriate congressional committees.
(b) Responsibility of Comptroller General.—
The Comptroller General shall evaluate and audit Board programs, operations, and activities, including—
(1) information management and security, including privacy protection of personally identifiable information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices and policies;
(5) the process and procedures to select an accident to investigate;
(6) the extent to which the Board follows leading practices in selected management areas; and
(7) the extent to which the Board addresses management challenges in completing accident investigations.
(c) Appropriate Congressional Committees.—
For purposes of this section the term “appropriate congressional committees” means the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives.
(Added Pub. L. 109–443, § 5(a), Dec. 21, 2006, 120 Stat. 3299; amended Pub. L. 113–188, title XV, § 1502, Nov. 26, 2014, 128 Stat. 2025; Pub. L. 115–254, div. C, § 1110, Oct. 5, 2018, 132 Stat. 3435.)
heading: Editorial Notes
heading: Amendments
text: 2018—Subsec. (b)(5) to (7). Pub. L. 115–254, § 1110(1), added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.
Subsec. (c). Pub. L. 115–254, § 1110(2), inserted comma after “Science”.
2014—Subsec. (a). Pub. L. 113–188 struck out “at least annually, but may be conducted” after “Such evaluation and audit shall be conducted”.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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: Editorial Notes
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.
49 U.S.C. § 5104 (TRANSPORTATION)
§ 5104. Representation and tampering
(a) Representation.—
A person may represent, by marking or otherwise, that—
(1) a package, component of a package, or packaging for transporting hazardous material is safe, certified, or complies with this chapter only if the package, component of a package, or packaging meets the requirements of each applicable regulation prescribed under this chapter; or
(2) hazardous material is present in a package, container, motor vehicle, rail freight car, aircraft, or vessel only if the material is present.
(b) Tampering.—
No person may alter, remove, destroy, or otherwise tamper unlawfully with—
(1) a marking, label, placard, or description on a document required under this chapter or a regulation prescribed under this chapter; or
(2) a package, component of a package, or packaging, container, motor vehicle, rail freight car, aircraft, or vessel used to transport hazardous material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 761; Pub. L. 103–311, title I, § 117(b), Aug. 26, 1994, 108 Stat. 1678; Pub. L. 103–429, § 6(4), Oct. 31, 1994, 108 Stat. 4378; Pub. L. 109–59, title VII, § 7106, Aug. 10, 2005, 119 Stat. 1897.)
text: Historical and Revision Notes
Pub. L. 103–272
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5104(a)
49 App.:1804(e).
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 105(e), (f); added Nov. 16, 1990, Pub. L. 101–615, § 5, 104 Stat. 3252.
5104(b)
49 App.:1804(f).
In subsection (a)(1), the words “the requirements of” and “applicable” are omitted as surplus.
In subsection (b), before clause (1), the word “deface” is omitted as surplus.
heading: Pub. L. 103–429
text: This amends 49:5104(a)(1) to clarify the restatement of 49 App.:1804(e)(1) by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 761).
heading: Editorial Notes
heading: Amendments
text: 2005—Subsec. (a)(1). Pub. L. 109–59, § 7106(a), substituted “a package, component of a package, or packaging for” for “a container, package, or packaging (or a component of a container, package, or packaging) for” and “the package, component of a package, or packaging meets” for “the container, package, or packaging (or a component of a container, package, or packaging) meets”.
Subsec. (b). Pub. L. 109–59, § 7106(b)(1), substituted “No person may” for “A person may not” in introductory provisions.
Subsec. (b)(2). Pub. L. 109–59, § 7106(b)(2), inserted “component of a package, or packaging,” after “package,”.
1994—Subsec. (a)(1). Pub. L. 103–429 inserted “applicable” after “each”.
Pub. L. 103–311 substituted “, package, or packaging (or a component of a container, package, or packaging)” for “or package” in two places.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
49 U.S.C. § 5106 (TRANSPORTATION)
§ 5106. Handling criteria
The Secretary may prescribe criteria for handling hazardous material, including—
(1) a minimum number of personnel;
(2) minimum levels of training and qualifications for personnel;
(3) the kind and frequency of inspections;
(4) equipment for detecting, warning of, and controlling risks posed by the hazardous material;
(5) specifications for the use of equipment and facilities used in handling and transporting the hazardous material; and
(6) a system of monitoring safety procedures for transporting the hazardous material.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 763; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5106
49 App.:1805(a).
Jan. 3, 1975, Pub. L. 93–633, § 106(a), 88 Stat. 2157.
Before clause (1), the text of 49 App.:1805(a) (last sentence) is omitted as being included in “prescribe”. In clause (4), the words “to be used” are omitted as surplus. In clause (6), the word “assurance” is omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 2005—Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation” in introductory provisions.
49 U.S.C. § 5113 (TRANSPORTATION)
§ 5113. Unsatisfactory safety rating
A violation of section 31144(c)(3) shall be considered a violation of this chapter, and shall be subject to the penalties in sections 5123 and 5124.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 771; Pub. L. 105–178, title IV, § 4009(b), June 9, 1998, 112 Stat. 407; Pub. L. 109–59, title VII, § 7112(a), Aug. 10, 2005, 119 Stat. 1899.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5113(a)
49 App.:1814(a).
Jan. 3, 1975, Pub. L. 93–633, 88 Stat. 2156, § 117; added Nov. 3, 1990, Pub. L. 101–500, § 15(b)(1), 104 Stat. 1218.
5113(b)
49 App.:1814(b).
5113(c)
49 App.:1814(c).
5113(d)
49 App.:2501 (note).
Nov. 3, 1990, Pub. L. 101–500, § 15(b)(2), 104 Stat. 1219.
In subsections (a) and (c), the words “individuals” is substituted for “passengers, including the driver” for clarity and consistency.
In subsection (a), before clause (1), the words “Effective January 1, 1991” are omitted as obsolete. The words “to take such action as may be necessary ” are omitted as surplus.
In subsection (b), the words “from the Secretary” and “conditions and other” are omitted as surplus.
In subsection (d), the words “Not later than 1 year after the date of enactment of this Act” are omitted as obsolete.
heading: Editorial Notes
heading: Amendments
text: 2005—Pub. L. 109–59 amended text generally. Prior to amendment, text read as follows: “See section 31144.”
1998—Pub. L. 105–178 substituted “See section 31144.” for subsecs. (a) to (d) which related to unsatisfactory safety ratings.
49 U.S.C. § 5114 (TRANSPORTATION)
§ 5114. Air transportation of ionizing radiation material
(a) Transporting in Air Commerce.—
Material that emits ionizing radiation spontaneously may be transported on a passenger-carrying aircraft in air commerce (as defined in section 40102(a) of this title) only if the material is intended for a use in, or incident to, research or medical diagnosis or treatment and does not present an unreasonable hazard to health and safety when being prepared for, and during, transportation.
(b) Procedures.—
The Secretary shall prescribe procedures for monitoring and enforcing regulations prescribed under this section.
(c) Nonapplication.—
This section does not apply to material the Secretary decides does not pose a significant hazard to health or safety when transported because of its low order of radioactivity.
(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 772; Pub. L. 109–59, title VII, § 7126, Aug. 10, 2005, 119 Stat. 1909.)
text: Historical and Revision Notes
Revised
Section
Source (U.S. Code)
Source (Statutes at Large)
5114(a)
49 App.:1807(a) (1st, 2d sentences), (b) (1st sentence).
Jan. 3, 1975, Pub. L. 93–633, § 108, 88 Stat. 2159; Nov. 16, 1990, Pub. L. 101–615, § 10, 104 Stat. 3259.
5114(b)
49 App.:1807(a) (last sentence).
5114(c)
49 App.:1807(b) (last sentence).
In subsection (a), the text of 49 App.:1807(a) (1st sentence) is omitted as executed. The words “or combination of materials” are omitted as surplus.
In subsection (b), the words “further” and “effective” are omitted as surplus.
heading: Editorial Notes
heading: Amendments
text: 2005—Subsec. (b). Pub. L. 109–59 substituted “Secretary” for “Secretary of Transportation”.