49 USC 20107 - Sec. 20107. Inspection and investigation

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Text

(a) General. - To carry out this part, the Secretary of Transportation may take actions the Secretary considers necessary, including - (1) conduct investigations, make reports, issue subpenas, require the production of documents, take depositions, and prescribe recordkeeping and reporting requirements; and (2) delegate to a public entity or qualified person the inspection, examination, and testing of railroad equipment, facilities, rolling stock, operations, and persons. (b) Entry and Inspection. - In carrying out this part, an officer, employee, or agent of the Secretary, at reasonable times and in a reasonable way, may enter and inspect railroad equipment, facilities, rolling stock, operations, and relevant records.

When requested, the officer, employee, or agent shall display proper credentials.

During an inspection, the officer, employee, or agent is an employee of the United States Government under chapter 171 of title 28.

Historical And Revision Notes

Revised Source (U.S. Code) Source (Statutes at Large) Section

20107(a) 45:437(a) (1st Oct. 16, 1970, Pub. L. sentence words 91-458, Sec. 208(a) (1st before 9th and sentence words before 9th after 14th commas). and after 14th commas), 84 Stat. 974, 975. 45:437(d)(1) (1st Oct. 16, 1970, Pub. L. sentence). 91-458, 84 Stat. 971, Sec. 208(d)(1) (1st sentence); added Oct. 10, 1980, Pub. L. 96-423, Sec. 6(b), 94 Stat. 1813. 20107(b) 45:437(b). Oct. 16, 1970, Pub. L. 91-458, Sec. 208(b), 84 Stat. 975; restated Nov. 2, 1978, Pub. L. 95-574, Sec. 9, 92 Stat. 2462; Oct. 10, 1980, Pub. L. 96-423, Sec. 6(a), 94 Stat. 1813.

In subsection (a), before clause (1), the words "To carry out this part, the Secretary of Transportation may" are substituted for "In carrying out his functions under this subchapter, the Secretary is authorized to perform . . . to carry out the provisions of this subchapter" and "In carrying out the functions formerly vested in the Interstate Commerce Commission and transferred to the Secretary by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix, the Secretary is authorized to perform any act authorized in subsection (a) of this section . . . to carry out such transferred functions" to eliminate unnecessary words.

In clause (2), the word "entity" is substituted for "bodies" for consistency in the revised title and with other titles of the United States Code. In subsection (b), the words "In carrying out this part" are substituted for "To carry out the Secretary's responsibilities under this subchapter and under the functions transferred by section 1655(e)(1), (e)(2), and (e)(6)(A) of title 49, Appendix" to eliminate unnecessary words.

The word "way" is substituted for "manner" for consistency in the revised title and with other titles of the Code. The word "examine" is omitted as being included in "inspect". The word "considered" is omitted as surplus.