49 U.S.C. § 113 — Federal Motor Carrier Safety Administra-

Page 59 TITLE 49—TRANSPORTATION § 113 Oct. 11, 1996, 110 Stat. 3389; Pub. L. 104–324, title XI, § 1131, Oct. 19, 1996, 110 Stat. 3985; Pub. L. 105–130, § 4(b)(1), Dec. 1, 1997, 111 Stat. 2556; Pub. L. 105–178, title V, § 5109(a), June 9, 1998, 112 Stat. 437; Pub. L. 108–426, § 3(a), (b), Nov. 30, 2004, 118 Stat. 2424, 2425; Pub. L. 109–59, title V, § 5601(a), Aug. 10, 2005, 119 Stat. 1833, es- tablished the Bureau of Transportation Statistics. See chapter 63 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal 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. [§ 112. Repealed. Pub. L. 114–94, div. A, title VI, § 6012(a), Dec. 4, 2015, 129 Stat. 1570] 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 estab- lishment 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 Trans- portation. See Transfer of Duties and Powers note below. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as an Effective Date of 2015 Amend- ment note under section 5313 of Title 5, Government Or- ganization and Employees. TRANSFER OF DUTIES AND POWERS 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, au- thorities 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 fur- ther, 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 Administra- tion 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. 118–42, div. F, title I, Mar. 9, 2024, 138 Stat. 300, provided in part: ‘‘That any reference in law, regu- lation, judicial proceedings, or elsewhere to the Re- search 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.’’] [Similar provisions were contained in the following prior appropriations acts: [Pub. L. 117–328, div. L, title I, Dec. 29, 2022, 136 Stat. 5094.] [Pub. L. 117–103, div. L, title I, Mar. 15, 2022, 136 Stat. 684.] [Pub. L. 116–260, div. L, title I, Dec. 27, 2020, 134 Stat. 1824.] [Pub. L. 116–94, div. H, title I, Dec. 20, 2019, 133 Stat. 2934.] [Pub. L. 116–6, div. G, title I, Feb. 15, 2019, 133 Stat. 396.] [Pub. L. 115–141, div. L, title I, Mar. 23, 2018, 132 Stat. 972.] [Pub. L. 115–31, div. K, title I, May 5, 2017, 131 Stat. 725.] [Pub. L. 114–113, div. L, title I, Dec. 18, 2015, 129 Stat. 2835.] [Pub. L. 113–235, div. K, title I, Dec. 16, 2014, 128 Stat. 2696.] Pub. L. 108–426, § 4(d), Nov. 30, 2004, 118 Stat. 2426, pro- vided that: ‘‘The authority of the Research and Special Programs Administration, other than authority exer- cised 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 Adminis- tration.’’ 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 Adminis- tration, see section 2(b) of Pub. L. 108–426, set out as a note under section 108 of this title. § 113. Federal Motor Carrier Safety Administra- tion (a) IN GENERAL.—The Federal Motor Carrier Safety Administration shall be an administra- tion of the Department of Transportation. (b) SAFETY AS HIGHEST PRIORITY.—In carrying out its duties, the Administration shall consider the assignment and maintenance of safety as the highest priority, recognizing the clear in- tent, encouragement, and dedication of Congress to the furtherance of the highest degree of safe- ty in motor carrier transportation. (c) ADMINISTRATOR.—The head of the Adminis- tration shall be the Administrator who shall be appointed by the President, by and with the ad- vice and consent of the Senate, and shall be an individual with professional experience in motor carrier safety. The Administrator shall report directly to the Secretary of Transportation. (d) DEPUTY ADMINISTRATOR.—The Administra- tion shall have a Deputy Administrator ap- pointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator. (e) CHIEF SAFETY OFFICER.—The Administra- tion shall have an Assistant Federal Motor Car- rier Safety Administrator appointed in the com- petitive service by the Secretary, with the ap- proval of the President. The Assistant Adminis- trator shall be the Chief Safety Officer of the Administration. The Assistant Administrator shall carry out the duties and powers prescribed by the Administrator. (f) POWERS AND DUTIES.—The Administrator shall carry out— (1) duties and powers related to motor car- riers or motor carrier safety vested in the Sec- retary by chapters 5, 51, 55, 57, 59, 133 through 149, 311, 313, 315, and 317 and by section 18 of the Noise Control Act of 1972 (42 U.S.C. 4917; 86 Stat. 1249–1250); except as otherwise delegated by the Secretary to any agency of the Depart- ment of Transportation other than the Federal Highway Administration, as of October 8, 1999; and (2) additional duties and powers prescribed by the Secretary. (g) LIMITATION ON TRANSFER OF POWERS AND DUTIES.—A duty or power specified in subsection (f)(1) may only be transferred to another part of Page 60 TITLE 49—TRANSPORTATION § 113 the Department when specifically provided by law. (h) EFFECT OF CERTAIN DECISIONS.—A decision of the Administrator involving a duty or power specified in subsection (f)(1) and involving no- tice and hearing required by law is administra- tively final. (i) CONSULTATION.—The Administrator shall consult with the Federal Highway Adminis- trator and with the National Highway Traffic Safety Administrator on matters related to highway and motor carrier safety. (Added Pub. L. 106–159, title I, § 101(a), Dec. 9, 1999, 113 Stat. 1750.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 2000, see section 107(a) of Pub. L. 106–159, set out as an Effective Date of 1999 Amendment note under section 104 of this title. GUIDANCE Pub. L. 114–94, div. A, title V, § 5203, Dec. 4, 2015, 129 Stat. 1535, provided that: ‘‘(a) IN GENERAL.— ‘‘(1) DATE OF ISSUANCE AND POINT OF CONTACT.—Each guidance document issued by the Federal Motor Car- rier Safety Administration shall have a date of issuance or a date of revision, as applicable, and shall include the name and contact information of a point of contact at the Administration who can respond to questions regarding the guidance. ‘‘(2) PUBLIC ACCESSIBILITY.— ‘‘(A) IN GENERAL.—Each guidance document issued or revised by the Federal Motor Carrier Safe- ty Administration shall be published on a publicly accessible Internet Web site of the Department [of Transportation] on the date of issuance or revision. ‘‘(B) REDACTION.—The Administrator of the Fed- eral Motor Carrier Safety Administration may re- dact from a guidance document published under subparagraph (A) any information that would re- veal investigative techniques that would com- promise Administration enforcement efforts. ‘‘(3) INCORPORATION INTO REGULATIONS.—Not later than 5 years after the date on which a guidance docu- ment is published under paragraph (2) or during an applicable review under subsection (c), whichever is earlier, the Secretary [of Transportation] shall revise regulations to incorporate the guidance document to the extent practicable. ‘‘(4) REISSUANCE.—If a guidance document is not in- corporated into regulations in accordance with para- graph (3), the Administrator shall— ‘‘(A) reissue an updated version of the guidance document; and ‘‘(B) review and reissue an updated version of the guidance document every 5 years until the date on which the guidance document is removed or incor- porated into applicable regulations. ‘‘(b) INITIAL REVIEW.—Not later than 1 year after the date of enactment of this Act [Dec. 4, 2015], the Admin- istrator shall review all guidance documents issued by the Federal Motor Carrier Safety Administration and in effect on such date of enactment to ensure that such documents are current, are readily accessible to the public, and meet the standards specified in subpara- graphs (A), (B), and (C) of subsection (c)(1). ‘‘(c) REGULAR REVIEW.— ‘‘(1) IN GENERAL.—Subject to paragraph (2), not less than once every 5 years, the Administrator shall con- duct a comprehensive review of the guidance docu- ments issued by the Federal Motor Carrier Safety Ad- ministration to determine whether such documents are— ‘‘(A) consistent and clear; ‘‘(B) uniformly and consistently enforced; and ‘‘(C) still necessary. ‘‘(2) NOTICE AND COMMENT.—Prior to beginning a re- view under paragraph (1), the Administrator shall publish in the Federal Register a notice and request for comment that solicits input from stakeholders on which guidance documents should be updated or eliminated. ‘‘(3) REPORT.— ‘‘(A) IN GENERAL.—Not later than 60 days after the date on which a review under paragraph (1) is com- pleted, the Administrator shall publish on a pub- licly accessible Internet Web site of the Depart- ment a report detailing the review and a full inven- tory of the guidance documents of the Administra- tion. ‘‘(B) CONTENTS.—A report under subparagraph (A) shall include a summary of the response of the Ad- ministration to comments received under para- graph (2). ‘‘(d) GUIDANCE DOCUMENT DEFINED.—In this section, the term ‘guidance document’ means a document issued by the Federal Motor Carrier Safety Administration that— ‘‘(1) provides an interpretation of a regulation of the Administration; or ‘‘(2) includes an enforcement policy of the Adminis- tration available to the public.’’ PETITIONS Pub. L. 114–94, div. A, title V, § 5204, Dec. 4, 2015, 129 Stat. 1536, provided that: ‘‘(a) IN GENERAL.—The Administrator of the Federal Motor Carrier Safety Administration shall— ‘‘(1) publish on a publicly accessible Internet Web site of the Department [of Transportation] a sum- mary of all petitions for regulatory action submitted to the Administration; ‘‘(2) prioritize the petitions submitted based on the likelihood of safety improvements resulting from the regulatory action requested; ‘‘(3) not later than 180 days after the date a sum- mary of a petition is published under paragraph (1), formally respond to such petition by indicating whether the Administrator will accept, deny, or fur- ther review the petition; ‘‘(4) prioritize responses to petitions consistent with a petition’s potential to reduce crashes, improve enforcement, and reduce unnecessary burdens; and ‘‘(5) not later than 60 days after the date of receipt of a petition, publish on a publicly accessible Inter- net Web site of the Department an updated inventory of the petitions described in paragraph (1), including any applicable disposition information for those peti- tions. ‘‘(b) TREATMENT OF MULTIPLE PETITIONS.—The Ad- ministrator may treat multiple similar petitions as a single petition for the purposes of subsection (a). ‘‘(c) PETITION DEFINED.—In this section, the term ‘pe- tition’ means a request for— ‘‘(1) a new regulation; ‘‘(2) a regulatory interpretation or clarification; or ‘‘(3) a determination by the Administrator that a regulation should be modified or eliminated because it is— ‘‘(A) no longer— ‘‘(i) consistent and clear; ‘‘(ii) current with the operational realities of the motor carrier industry; or ‘‘(iii) uniformly enforced; ‘‘(B) ineffective; or ‘‘(C) overly burdensome.’’ PRIORITIZING STATUTORY RULEMAKINGS Pub. L. 114–94, div. A, title V, § 5302, Dec. 4, 2015, 129 Stat. 1543, provided that: ‘‘The Administrator of the Federal Motor Carrier Safety Administration shall prioritize the completion of each outstanding rule- making required by statute before beginning any other Page 61 TITLE 49—TRANSPORTATION § 113 rulemaking, unless the Secretary [of Transportation] determines that there is a significant need for such other rulemaking and notifies Congress of such deter- mination.’’ FINDINGS Pub. L. 106–159, § 3, Dec. 9, 1999, 113 Stat. 1749, provided that: ‘‘Congress makes the following findings: ‘‘(1) The current rate, number, and severity of crashes involving motor carriers in the United States are unacceptable. ‘‘(2) The number of Federal and State commercial motor vehicle and operator inspections is insufficient and civil penalties for violators must be utilized to deter future violations. ‘‘(3) The Department of Transportation is failing to meet statutorily mandated deadlines for completing rulemaking proceedings on motor carrier safety and, in some significant safety rulemaking proceedings, including driver hours-of-service regulations, exten- sive periods have elapsed without progress toward resolution or implementation. ‘‘(4) Too few motor carriers undergo compliance re- views and the Department’s data bases and informa- tion systems require substantial improvement to en- hance the Department’s ability to target inspection and enforcement resources toward the most serious safety problems and to improve States’ ability to keep dangerous drivers off the roads. ‘‘(5) Additional safety inspectors and inspection fa- cilities are needed in international border areas to ensure that commercial motor vehicles, drivers, and carriers comply with United States safety standards. ‘‘(6) The Department should rigorously avoid con- flicts of interest in federally funded research. ‘‘(7) Meaningful measures to improve safety must be implemented expeditiously to prevent increases in motor carrier crashes, injuries, and fatalities. ‘‘(8) Proper use of Federal resources is essential to the Department’s ability to improve its research, rulemaking, oversight, and enforcement activities re- lated to commercial motor vehicles, operators, and carriers.’’ PURPOSES Pub. L. 106–159, § 4, Dec. 9, 1999, 113 Stat. 1749, provided that: ‘‘The purposes of this Act [see Tables for classi- fication] are— ‘‘(1) to improve the administration of the Federal motor carrier safety program and to establish a Fed- eral Motor Carrier Safety Administration in the De- partment of Transportation; and ‘‘(2) to reduce the number and severity of large- truck involved crashes through more commercial motor vehicle and operator inspections and motor carrier compliance reviews, stronger enforcement measures against violators, expedited completion of rulemaking proceedings, scientifically sound re- search, and effective commercial driver’s license test- ing, recordkeeping and sanctions.’’ SAVINGS PROVISION Pub. L. 106–159, title I, § 106, Dec. 9, 1999, 113 Stat. 1756, provided that: ‘‘(a) TRANSFER OF ASSETS AND PERSONNEL.—Except as otherwise provided in this Act [see Tables for classi- fication] and the amendments made by this Act, those personnel, property, and records employed, used, held, available, or to be made available in connection with a function transferred to the Federal Motor Carrier Safe- ty Administration by this Act shall be transferred to the Administration for use in connection with the func- tions transferred, and unexpended balances of appro- priations, allocations, and other funds of the Office of Motor Carrier Safety (including any predecessor enti- ty) shall also be transferred to the Administration. ‘‘(b) LEGAL DOCUMENTS.—All orders, determinations, rules, regulations, permits, grants, loans, contracts, settlements, agreements, certificates, licenses, and privileges— ‘‘(1) that have been issued, made, granted, or al- lowed to become effective by the Office, any officer or employee of the Office, or any other Government offi- cial, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act or the amendments made by this Act; and ‘‘(2) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the Administration, any other authorized official, a court of competent jurisdic- tion, or operation of law. ‘‘(c) PROCEEDINGS.— ‘‘(1) IN GENERAL.—The provisions of this Act shall not affect any proceedings or any application for any license pending before the Office at the time this Act takes effect [see Effective Date of 1999 Amendment note set out under section 104 of this title], insofar as those functions are transferred by this Act; but such proceedings and applications, to the extent that they relate to functions so transferred, shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted; and orders issued in any such pro- ceedings shall continue in effect until modified, ter- minated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in this subsection shall be deemed to prohibit the dis- continuance or modification of any proceeding de- scribed in paragraph (1) under the same terms and conditions and to the same extent that such pro- ceeding could have been discontinued or modified if this Act had not been enacted. ‘‘(3) ORDERLY TRANSFER.—The Secretary is author- ized to provide for the orderly transfer of pending proceedings from the Office. ‘‘(d) SUITS.— ‘‘(1) IN GENERAL.—This Act shall not affect suits commenced before the date of the enactment of this Act [Dec. 9, 1999], except as provided in paragraphs (2) and (3). In all such suits, proceeding shall be had, ap- peals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. ‘‘(2) SUITS BY OR AGAINST OMCS.—Any suit by or against the Office begun before January 1, 2000, shall be continued, insofar as it involves a function re- tained and transferred under this Act, with the Ad- ministration (to the extent the suit involves func- tions transferred to the Administration under this Act) substituted for the Office. ‘‘(3) REMANDED CASES.—If the court in a suit de- scribed in paragraph (1) remands a case to the Admin- istration, subsequent proceedings related to such case shall proceed in accordance with applicable law and regulations as in effect at the time of such subse- quent proceedings. ‘‘(e) CONTINUANCE OF ACTIONS AGAINST OFFICERS.—No suit, action, or other proceeding commenced by or against any officer in his official capacity as an officer of the Office shall abate by reason of the enactment of this Act. No cause of action by or against the Office, or by or against any officer thereof in his official capac- ity, shall abate by reason of the enactment of this Act. ‘‘(f) EXERCISE OF AUTHORITIES.—Except as otherwise provided by law, an officer or employee of the Adminis- tration may, for purposes of performing a function transferred by this Act or the amendments made by this Act, exercise all authorities under any other provi- sion of law that were available with respect to the per- formance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act or the amendments made by this Act. ‘‘(g) REFERENCES.—Any reference to the Office in any Federal law, Executive order, rule, regulation, or dele- Page 62 TITLE 49—TRANSPORTATION § 114 gation of authority, or any document of or pertaining to the Office or an officer or employee of the Office is deemed to refer to the Administration or a member or employee of the Administration, as appropriate.’’ § 114. Transportation Security Administration (a) IN GENERAL.—The Transportation Security Administration shall be an administration of the Department of Homeland Security. (b) LEADERSHIP.— (1) HEAD OF TRANSPORTATION SECURITY AD- MINISTRATION.— (A) APPOINTMENT.—The head of the Admin- istration shall be the Administrator of the Transportation Security Administration (re- ferred to in this section as the ‘‘Adminis- trator’’). The Administrator shall be ap- pointed by the President, by and with the advice and consent of the Senate. (B) QUALIFICATIONS.—The Administrator must— (i) be a citizen of the United States; and (ii) have experience in a field directly re- lated to transportation or security. (C) TERM.—Effective with respect to any individual appointment by the President, by and with the advice and consent of the Sen- ate, after the date of enactment of the TSA Modernization Act, the term of office of an individual appointed as the Administrator shall be 5 years. The term of office of an in- dividual serving as the Administrator on the date of enactment of the TSA Modernization Act shall be 5 years beginning on the date that the Administrator began serving. (2) DEPUTY ADMINISTRATOR.— (A) APPOINTMENT.—There is established in the Transportation Security Administration a Deputy Administrator, who shall assist the Administrator in the management of the Transportation Security Administration. The Deputy Administrator shall be ap- pointed by the President. (B) VACANCY.—The Deputy Administrator shall be Acting Administrator during the ab- sence or incapacity of the Administrator or during a vacancy in the office of Adminis- trator. (C) QUALIFICATIONS.—The Deputy Adminis- trator must— (i) be a citizen of the United States; and (ii) have experience in a field directly re- lated to transportation or security. (3) CHIEF COUNSEL.— (A) APPOINTMENT.—There is established in the Transportation Security Administration a Chief Counsel, who shall advise the Admin- istrator and other senior officials on all legal matters relating to the responsibil- ities, functions, and management of the Transportation Security Administration. (B) QUALIFICATIONS.—The Chief Counsel must be a citizen of the United States. (c) LIMITATION ON OWNERSHIP OF STOCKS AND BONDS.—The Administrator may not own stock in or bonds of a transportation or security en- terprise or an enterprise that makes equipment that could be used for security purposes. (d) FUNCTIONS.—The Administrator shall be re- sponsible for security in all modes of transpor- tation, including— (1) carrying out chapter 449, relating to civil aviation security, and related research and de- velopment activities; and (2) security responsibilities over other modes of transportation that are exercised by the De- partment of Transportation. (e) SCREENING OPERATIONS.—The Adminis- trator shall— (1) be responsible for day-to-day Federal se- curity screening operations for passenger air transportation and intrastate air transpor- tation under sections 44901 and 44935; (2) develop standards for the hiring and re- tention of security screening personnel; (3) train and test security screening per- sonnel; and (4) be responsible for hiring and training per- sonnel to provide security screening at all air- ports in the United States where screening is required under section 44901, in consultation with the Secretary of Transportation and the heads of other appropriate Federal agencies and departments. (f) ADDITIONAL DUTIES AND POWERS.—In addi- tion to carrying out the functions specified in subsections (d) and (e), the Administrator shall— (1) receive, assess, and distribute intel- ligence information related to transportation security; (2) assess threats to transportation; (3) develop policies, strategies, and plans for dealing with threats to transportation secu- rity; (4) make other plans related to transpor- tation security, including coordinating coun- termeasures with appropriate departments, agencies, and instrumentalities of the United States Government; (5) serve as the primary liaison for transpor- tation security to the intelligence and law en- forcement communities; (6) on a day-to-day basis, manage and pro- vide operational guidance to the field security resources of the Administration, including Federal Security Managers as provided by sec- tion 44933; (7) enforce security-related regulations and requirements; (8) identify and undertake research and de- velopment activities necessary to enhance transportation security; (9) inspect, maintain, and test security fa- cilities, equipment, and systems; (10) ensure the adequacy of security meas- ures for the transportation of cargo; (11) oversee the implementation, and ensure the adequacy, of security measures at airports and other transportation facilities; (12) require background checks for airport security screening personnel, individuals with access to secure areas of airports, and other transportation security personnel; (13) work in conjunction with the Adminis- trator of the Federal Aviation Administration with respect to any actions or activities that may affect aviation safety or air carrier oper- ations; (14) work with the International Civil Avia- tion Organization and appropriate aeronautic