49 U.S. Code § 46101 - Complaints and investigations

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(a) General.—
(1) A person may file a complaint in writing with the Secretary of Transportation (or the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part. Except as provided in subsection (b) of this section, the Secretary, Under Secretary, or Administrator shall investigate the complaint if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation.
(2) On the initiative of the Secretary, Under Secretary, or Administrator, as appropriate, the Secretary, Under Secretary, or Administrator may conduct an investigation, if a reasonable ground appears to the Secretary, Under Secretary, or Administrator for the investigation, about—
(A) a person violating this part or a requirement prescribed under this part; or
(B) any question that may arise under this part.
(3) The Secretary of Transportation, Under Secretary, or Administrator may dismiss a complaint without a hearing when the Secretary, Under Secretary, or Administrator is of the opinion that the complaint does not state facts that warrant an investigation or action.
(4) After notice and an opportunity for a hearing and subject to section 40105 (b) of this title, the Secretary of Transportation, Under Secretary, or Administrator shall issue an order to compel compliance with this part if the Secretary, Under Secretary, or Administrator finds in an investigation under this subsection that a person is violating this part.
(b) Complaints Against Members of Armed Forces.— The Secretary of Transportation, Under Secretary, or Administrator shall refer a complaint against a member of the armed forces of the United States performing official duties to the Secretary of the department concerned for action. Not later than 90 days after receiving the complaint, the Secretary of that department shall inform the Secretary of Transportation, Under Secretary, or Administrator of the action taken on the complaint, including any corrective or disciplinary action taken.

Source

(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1226; Pub. L. 107–71, title I, § 140(b)(1)–(3), Nov. 19, 2001, 115 Stat. 641.)

Historical and Revision Notes
Revised Section Source (U.S. Code) Source (Statutes at Large)
46101(a)(1)
49 App.:1482(a) (1st, 2d sentences).
Aug. 23, 1958, Pub. L. 85–726, § 1002(a), (b), 72 Stat. 788.
49 App.:1551(b)(1)(E).
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, § 1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, § 3(e), 98 Stat. 1704.
49 App.:1655(c)(1).
Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
46101(a)(2)
49 App.:1482(b).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
46101(a)(3)
49 App.:1482(a) (3d sentence).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
46101(a)(4)
49 App.:1482(c).
Aug. 23, 1958, Pub. L. 85–726, § 1002(c), 72 Stat. 789; Feb. 15, 1980, Pub. L. 96–192, § 25, 94 Stat. 47.
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).
46101(b)
49 App.:1482(a) (4th, last sentences).
49 App.:1551(b)(1)(E).
49 App.:1655(c)(1).

In subsection (a)(1), the words “the Secretary of Transportation (or the Administrator of the Federal Aviation Administration with respect to aviation safety duties and powers designated to be carried out by the Administrator) about a person violating this part or a requirement prescribed under this part” are substituted for “the Secretary of Transportation or the Board, as to matters within their respective jurisdictions . . . with respect to anything done or omitted to be done by any person in contravention of any provisions of this chapter, or of any requirement established pursuant thereto” for clarity and because of the restatement. The words “Except as provided in subsection (b) of this section” are added because of the restatement of the source provisions in subsection (b) of this section. The words “If the person complained against shall not satisfy the complaint and” are omitted as surplus.
In subsection (a)(2), before clause (A), the words “the Secretary of Transportation or the Administrator, as appropriate” are substituted for “The Secretary of Transportation or Board, with respect to matters within their respective jurisdictions” to eliminate unnecessary words. The words “if a reasonable ground appears to the Secretary or Administrator for the investigation” are substituted for 49 App.:1482(b) (last sentence) for clarity and to eliminate unnecessary words. Clause (A) is substituted for “in any case and as to any matter or thing within their respective jurisdictions, concerning which complaint is authorized to be made to or before the Secretary of Transportation or Board by any provision of this chapter . . . or relating to the enforcement of any of the provisions of this chapter” for clarity and to eliminate unnecessary words.
In subsection (a)(4), the words “an opportunity for a” are added for consistency in the revised title and with other titles of the United States Code. The words “compel compliance with this part” are substituted for “compel such person to comply therewith” for clarity. The words “in an investigation under this subsection” are substituted for “in any investigation instituted upon complaint or upon their own initiative” to eliminate unnecessary words. The words “is violating this part” are substituted for “has failed to comply with any provision of this chapter or any requirement established pursuant thereto” for clarity and to eliminate unnecessary words. The words “with respect to matters within their jurisdiction” are omitted as unnecessary because of the restatement.
Amendments

2001—Subsec. (a)(1). Pub. L. 107–71, § 140(b)(1), (2), inserted “the Under Secretary of Transportation for Security with respect to security duties and powers designated to be carried out by the Under Secretary or” after “(or” and substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (a)(2). Pub. L. 107–71, § 140(b)(2), (3), in introductory provisions, substituted “, Under Secretary, or Administrator, as” for “of Transportation or the Administrator, as” and substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Subsec. (a)(3), (4). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” wherever appearing.
Subsec. (b). Pub. L. 107–71, § 140(b)(2), substituted “, Under Secretary, or Administrator” for “or Administrator” in two places.
Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the Transportation Security Administration of the Department of Transportation, including the functions of the Secretary of Transportation, and of the Under Secretary of Transportation for Security, relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203 (2), 551 (d), 552 (d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.

The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013

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49 USCDescription of ChangeSession YearPublic LawStatutes at Large

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14 CFR - Aeronautics and Space

14 CFR Part 13 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

14 CFR Part 16 - RULES OF PRACTICE FOR FEDERALLY-ASSISTED AIRPORT ENFORCEMENT PROCEEDINGS

14 CFR Part 77 - SAFE, EFFICIENT USE, AND PRESERVATION OF THE NAVIGABLE AIRSPACE

14 CFR Part 200 - DEFINITIONS AND INSTRUCTIONS

14 CFR Part 207 - CHARTER TRIPS BY U.S. SCHEDULED AIR CARRIERS

14 CFR Part 208 - CHARTER TRIPS BY U.S. CHARTER AIR CARRIERS

14 CFR Part 212 - CHARTER RULES FOR U.S. AND FOREIGN DIRECT AIR CARRIERS

14 CFR Part 221 - TARIFFS

14 CFR Part 292 - INTERNATIONAL CARGO TRANSPORTATION

14 CFR Part 293 - INTERNATIONAL PASSENGER TRANSPORTATION

14 CFR Part 300 - RULES OF CONDUCT IN DOT PROCEEDINGS UNDER THIS CHAPTER

14 CFR Part 302 - RULES OF PRACTICE IN PROCEEDINGS

14 CFR Part 305 - RULES OF PRACTICE IN INFORMAL NONPUBLIC INVESTIGATIONS

14 CFR Part 377 - CONTINUANCE OF EXPIRED AUTHORIZATIONS BY OPERATION OF LAW PENDING FINAL DETERMINATION OF APPLICATIONS FOR RENEWAL THEREOF

14 CFR Part 380 - PUBLIC CHARTERS

49 CFR - Transportation

49 CFR Part 1502 - ORGANIZATION, FUNCTIONS, AND PROCEDURES

49 CFR Part 1503 - INVESTIGATIVE AND ENFORCEMENT PROCEDURES

 

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