
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 140(b)(1)]
[Document affected by Public Law 107-71 Section 140(b)(2)]
[Document affected by Public Law 107-71 Section 140(b)(3)]
[Document affected by Public Law 107-71 Section 140(b)(8)]
[CITE: 49USC46101]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46101. Complaints and investigations

    (a) General.--(1) A person may file a complaint in writing with 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. Except 
as provided in subsection (b) of this section, the Secretary or 
Administrator shall investigate the complaint if a reasonable ground 
appears to the Secretary or Administrator for the investigation.
    (2) On the initiative of the Secretary of Transportation or the 
Administrator, as appropriate, the Secretary or Administrator may 
conduct an investigation, if a reasonable ground appears to the 
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 or Administrator may dismiss a 
complaint without a hearing when the 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 or 
Administrator shall issue an order to compel compliance with this part 
if the 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 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 or Administrator of the 
action taken on the complaint, including any corrective or disciplinary 
action taken.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1226.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
46101(a)(1)...........................  49 App.:1482(a) (1st, 2d         Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         sentences).                      1002(
a), (b), 72 Stat. 788.
                                        49 App.:1551(b)(1)(E).           Aug. 2
3, 1958, Pub. L. 85-726, 72 Stat.
                                                                          731, 
Sec.  1601(b)(1)(E); added Oct.
                                                                          4, 19
84, Pub. L. 98-443, Sec.  3(e),
                                                                          98 St
at. 1704.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  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. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          1002(
c), 72 Stat. 789; Feb. 15, 1980,
                                                                          Pub. 
L. 96-192, Sec.  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.
