49 U.S.C. § 354 — Investigative authority of Inspector Gen-

Page 133 TITLE 49—TRANSPORTATION § 354 Statutory Notes and Related Subsidiaries ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF FUNCTIONS Interstate Commerce Commission abolished and func- tions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of this title, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of this title. References to Interstate Com- merce Commission deemed to refer to Surface Trans- portation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see sec- tion 205 of Pub. L. 104–88, set out as a note under sec- tion 1301 of this title. § 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 im- mediately before the transfer. An action of the Secretary or Administrator in carrying out the duty or power has the same effect as when car- ried out by the department, agency, or instru- mentality. (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.) 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. Editorial Notes REFERENCES IN TEXT The Department of Transportation Act, referred to in text, is Pub. L. 89–670, Oct. 15, 1966, 80 Stat. 931, 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 The Act was repealed and the provisions thereof reenacted in Title 49, Trans- portation, by Pub.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 The Act was also repealed by Pub.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. AMENDMENTS 2005—Pub. L. 109–59 substituted ‘‘Federal Motor Car- rier Safety Administration’’ for ‘‘Federal Highway Ad- ministration’’. § 353. Toxicological testing of officers and em- ployees (a) COLLECTING SPECIMENS.—When the Sec- retary of Transportation or the head of a compo- nent of the Department of Transportation con- ducts post-accident or post-incident toxi- cological 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 inci- dent. The Secretary or head shall try to collect the specimen not later than 4 hours after the ac- cident or incident. (b) REPORTS.—The head of each component shall submit a report to the Secretary on the circumstances about the amount of time re- quired to collect the specimen for a toxi- cological test conducted on an officer or em- ployee 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 offi- cer or employee required to submit to toxi- cological testing may not assert failure to com- ply with this section as a claim, cause of action, or defense in an administrative or judicial pro- ceeding. (Pub. L. 103–272, § 4(j)(10)(A), July 5, 1994, 108 Stat. 1368.) 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 Transpor- tation or the head of a component of the Department of Transportation’’ are substituted for ‘‘Department of Transportation, including any of its agencies’’ for con- sistency 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 con- sistency 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 as- sert’’ are substituted for ‘‘may not be asserted’’ for clarity. § 354. Investigative authority of Inspector Gen- eral (a) IN GENERAL.—The statutory authority of the Inspector General of the Department of Transportation includes authority to conduct, pursuant to Federal criminal statutes, inves- tigations of allegations that a person or entity has engaged in fraudulent or other criminal ac- tivity relating to the programs and operations of the Department or its operating administra- tions. (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 Depart- ment or its operating administrations. (Added and amended Pub. L. 108–168, § 8(a), (b)(1), Dec. 6, 2003, 117 Stat. 2034.) Editorial Notes CODIFICATION The text of section 228 of Pub. L. 106–159, formerly set out as a note under section 4 of the Inspector General Page 134 TITLE 49—TRANSPORTATION § 355 Act of 1978, Pub. L. 95–452, formerly set out in the Ap- pendix to Title 5, Government Organization and Em- ployees, which was transferred to this section, redesig- nated 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. AMENDMENTS 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. Statutory Notes and Related Subsidiaries DEPOSIT OF FORFEITED FUNDS Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2724, provided in part: ‘‘That hereafter funds trans- ferred to the Office of the Inspector General through forfeiture proceedings or from the Department of Jus- tice Assets Forfeiture Fund or the Department of the Treasury Forfeiture Fund, as a participating agency, as an equitable share from the forfeiture of property in in- vestigations in which the Office of Inspector General participates, or through the granting of a Petition for Remission or Mitigation, shall be deposited to the cred- it of this account [Office of Inspector General, Salaries and Expenses] for law enforcement activities author- ized under the Inspector General Act of 1978, as amend- ed [see 5 U.S.C. 401 et seq.], to remain available until expended.’’ Similar provisions were contained in the following prior appropriation act: Pub. L. 113–76, div. L, title I, Jan. 17, 2014, 128 Stat. 600. § 355. Motorcyclist Advisory Council (a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this section, the Secretary of Transportation (referred to in this section as the ‘‘Secretary’’) shall establish a council, to be known as the ‘‘Motorcyclist Advi- sory Council’’ (referred to in this section as the ‘‘Council’’). (b) MEMBERSHIP.— (1) IN GENERAL.—The Council shall be com- prised of 13 members, to be appointed by the Secretary, of whom— (A) 5 shall be representatives of units of State or local government with expertise re- lating to highway engineering and safety issues, including— (i) motorcycle and motorcyclist safety; (ii) barrier and road design, construc- tion, and maintenance; or (iii) intelligent transportation systems; (B) 1 shall be a motorcyclist who serves as a State or local— (i) traffic and safety engineer; (ii) design engineer; or (iii) other transportation department of- ficial; (C) 1 shall be a representative of a national association of State transportation officials; (D) 1 shall be a representative of a na- tional motorcyclist association; (E) 1 shall be a representative of a national motorcyclist foundation; (F) 1 shall be a representative of a national motorcycle manufacturing association; (G) 1 shall be a representative of a motor- cycle manufacturing company headquartered in the United States; (H) 1 shall be a roadway safety data expert with expertise relating to crash testing and analysis; and (I) 1 shall be a member of a national safety organization that represents the traffic safe- ty systems industry. (2) TERM.— (A) IN GENERAL.—Subject to subparagraphs (B) and (C), each member shall serve on the Council for a single term of 2 years. (B) ADDITIONAL TERM.—If a successor is not appointed for a member of the Council be- fore the expiration of the term of service of the member, the member may serve on the Council for a second term of not longer than 2 years. (C) APPOINTMENT OF REPLACEMENTS.—If a member of the Council resigns before the ex- piration of the 2-year term of service of the member— (i) the Secretary may appoint a replace- ment for the member, who shall serve the remaining portion of the term; and (ii) the resigning member may continue to serve after resignation until the date on which a successor is appointed. (3) VACANCIES.—A vacancy on the Council shall be filled in the manner in which the original appointment was made. (4) COMPENSATION.—A member of the Council shall serve without compensation. (c) DUTIES.— (1) ADVISING.—The Council shall advise the Secretary, the Administrator of the National Highway Traffic Safety Administration, and the Administrator of the Federal Highway Ad- ministration regarding transportation safety issues of concern to motorcyclists, including— (A) motorcycle and motorcyclist safety; (B) barrier and road design, construction, and maintenance practices; and (C) the architecture and implementation of intelligent transportation system tech- nologies. (2) BIENNIAL REPORT.—Not later than Octo- ber 31 of the calendar year following the cal- endar year in which the Council is established, and not less frequently than once every 2 years thereafter, the Council shall submit to the Secretary a report containing rec- ommendations of the Council regarding the issues described in paragraph (1). (d) DUTIES OF SECRETARY.— (1) COUNCIL RECOMMENDATIONS.— (A) IN GENERAL.—The Secretary shall de- termine whether to accept or reject a rec- ommendation contained in a report of the Council under subsection (c)(2). (B) INCLUSION IN REVIEW.— (i) IN GENERAL.—The Secretary shall in- dicate in each review under paragraph (2) whether the Secretary accepts or rejects each recommendation of the Council cov- ered by the review. (ii) EXCEPTION.—The Secretary may indi- cate in a review under paragraph (2) that a recommendation of the Council is under consideration, subject to the condition that a recommendation so under consider-