
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC31133]

 
                        TITLE 49--TRANSPORTATION
 
             SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
 
                           PART B--COMMERCIAL
 
              CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
 
                    SUBCHAPTER III--SAFETY REGULATION
 
Sec. 31133. General powers of the Secretary of Transportation

    (a) General.--In carrying out this subchapter and regulations 
prescribed under section 31102 of this title, the Secretary of 
Transportation may--
        (1) conduct and make contracts for inspections and 
    investigations;
        (2) compile statistics;
        (3) make reports;
        (4) issue subpenas;
        (5) require production of records and property;
        (6) take depositions;
        (7) hold hearings;
        (8) prescribe recordkeeping and reporting requirements;
        (9) conduct or make contracts for studies, development, testing, 
    evaluation, and training; and
        (10) perform other acts the Secretary considers appropriate.

    (b) Consultation.--In conducting inspections and investigations 
under subsection (a) of this section, the Secretary shall consult, as 
appropriate, with employers and employees and their authorized 
representatives and offer them a right of accompaniment.
    (c) Delegation.--The Secretary may delegate to a State receiving a 
grant under section 31102 of this title those duties and powers related 
to enforcement (including conducting investigations) of this subchapter 
and regulations prescribed under this subchapter that the Secretary 
considers appropriate.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1001; Pub. L. 105-
178, title IV, Sec. 4006(a), June 9, 1998, 112 Stat. 401.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
31133(a)..............................  49 App.:2510(a), (b) (1st        Oct. 3
0, 1984, Pub. L. 98-554, Sec.
                                         sentence).                       211, 
98 Stat. 2841.
31133(b)..............................  49 App.:2510(c).
31133(c)..............................  49 App.:2510(b) (last
                                         sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words before clause (1) are substituted for 
``In carrying out the Secretary's functions under this chapter, the 
Secretary is authorized to'' and ``to carry out the provisions of this 
chapter, or regulations issued pursuant to section 2302 of this 
Appendix'' to eliminate unnecessary words. Clause (10) is substituted 
for ``perform such acts . . . as the Secretary determines necessary''. 
The text of 49 App.:2510(a) is omitted as covered by 49 App.:2510(b) 
(1st sentence).
    In subsection (b), the words ``In conducting inspections and 
investigations'' are substituted for ``To carry out the Secretary's 
inspection and investigation functions'' to eliminate unnecessary words. 
The words ``or the Secretary's agent'' are omitted as unnecessary.


                               Amendments

    1998--Subsec. (a)(1). Pub. L. 105-178 inserted ``and make contracts 
for'' after ``conduct''.


                        Border Staffing Standards

    Pub. L. 106-159, title II, Sec. 218, Dec. 9, 1999, 113 Stat. 1767, 
provided that:
    ``(a) Development and Implementation.--Not later than 1 year after 
the date of the enactment of this Act [Dec. 9, 1999], the Secretary 
shall develop and implement appropriate staffing standards for Federal 
and State motor carrier safety inspectors in international border areas.
    ``(b) Factors To Be Considered.--In developing standards under 
subsection (a), the Secretary shall consider volume of traffic, hours of 
operation of the border facility, types of commercial motor vehicles, 
types of cargo, delineation of responsibility between Federal and State 
inspectors, and such other factors as the Secretary determines 
appropriate.
    ``(c) Maintenance of Effort.--The standards developed and 
implemented under subsection (a) shall ensure that the United States and 
each State will not reduce its respective level of staffing of motor 
carrier safety inspectors in international border areas from its average 
level staffing for fiscal year 2000.
    ``(d) Border Commercial Motor Vehicle and Safety Enforcement 
Programs.--
        ``(1) Enforcement.--If, on October 1, 2001, and October 1 of 
    each fiscal year thereafter, the Secretary has not ensured that the 
    levels of staffing required by the standards developed under 
    subsection (a) are deployed, the Secretary should designate the 
    amount made available for allocation under section 31104(f)(2)(B) of 
    title 49, United States Code, for such fiscal year for States, local 
    governments, and other persons for carrying out border commercial 
    motor vehicle safety programs and enforcement activities and 
    projects.
        ``(2) Allocation.--If the Secretary makes a designation of an 
    amount under paragraph (1), such amount shall be allocated by the 
    Secretary to State agencies, local governments, and other persons 
    that use and train qualified officers and employees in coordination 
    with State motor vehicle safety agencies.
        ``(3) Limitation.--If the Secretary makes a designation pursuant 
    to paragraph (1) for a fiscal year, the Secretary may not make a 
    designation under section 31104(f)(2)(B) of title 49, United States 
    Code, for such fiscal year.''
