
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[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)(6)]
[CITE: 49USC46104]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                     PART A--AIR COMMERCE AND SAFETY
 
                  subpart iv--enforcement and penalties
 
               CHAPTER 461--INVESTIGATIONS AND PROCEEDINGS
 
Sec. 46104. Evidence

    (a) General.--In conducting a hearing or investigation under this 
part, 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) may--
        (1) subpena witnesses and records related to a matter involved 
    in the hearing or investigation from any place in the United States 
    to the designated place of the hearing or investigation;
        (2) administer oaths;
        (3) examine witnesses; and
        (4) receive evidence at a place in the United States the 
    Secretary or Administrator designates.

    (b) Compliance With Subpenas.--If a person disobeys a subpena, the 
Secretary, the Administrator, or a party to a proceeding before the 
Secretary or Administrator may petition a court of the United States to 
enforce the subpena. A judicial proceeding to enforce a subpena under 
this section may be brought in the jurisdiction in which the proceeding 
or investigation is conducted. The court may punish a failure to obey an 
order of the court to comply with the subpena as a contempt of court.
    (c) Depositions.--(1) In a proceeding or investigation, the 
Secretary or Administrator may order a person to give testimony by 
deposition and to produce records. If a person fails to be deposed or to 
produce records, the order may be enforced in the same way a subpena may 
be enforced under subsection (b) of this section.
    (2) A deposition may be taken before an individual designated by the 
Secretary or Administrator and having the power to administer oaths.
    (3) Before taking a deposition, the party or the attorney of the 
party proposing to take the deposition must give reasonable notice in 
writing to the opposing party or the attorney of record of that party. 
The notice shall state the name of the witness and the time and place of 
taking the deposition.
    (4) The testimony of a person deposed under this subsection shall be 
under oath. The person taking the deposition shall prepare, or cause to 
be prepared, a transcript of the testimony taken. The transcript shall 
be subscribed by the deponent. Each deposition shall be filed promptly 
with the Secretary or Administrator.
    (5) If the laws of a foreign country allow, the testimony of a 
witness in that country may be taken by deposition--
        (A) by a consular officer or an individual commissioned by the 
    Secretary or Administrator or agreed on by the parties by written 
    stipulation filed with the Secretary or Administrator; or
        (B) under letters rogatory issued by a court of competent 
    jurisdiction at the request of the Secretary or Administrator.

    (d) Witness Fees and Mileage and Certain Foreign Country Expenses.--
A witness summoned before the Secretary or Administrator or whose 
deposition is taken under this section and the individual taking the 
deposition are each entitled to the same fee and mileage that the 
witness and individual would have been paid for those services in a 
court of the United States. Under regulations of the Secretary or 
Administrator, the Secretary or Administrator shall pay the necessary 
expenses incident to executing, in another country, a commission or 
letter rogatory issued at the initiative of the Secretary or 
Administrator.
    (e) Designating Employees To Conduct Hearings.--When designated by 
the Secretary or Administrator, an employee appointed under section 3105 
of title 5 may conduct a hearing, subpena witnesses, administer oaths, 
examine witnesses, and receive evidence at a place in the United States 
the Secretary or Administrator designates. On request of a party, the 
Secretary or Administrator shall hear or receive argument.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1227.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
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---------------------------------
46104(a)..............................  49 App.:1354(c) (related to      Aug. 2
3, 1958, Pub. L. 85-726, Secs.
                                         this chapter).                   313(c
) (related to this Act), 1004(a)-
                                                                          (h), 
72 Stat. 753, 792.
                                        49 App.:1484(a) (related to
                                         member of the Board), (b) (1st
                                         sentence), (c) (1st sentence).
                                        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.
46104(b)..............................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(c) (last
                                         sentence), (d).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(c)(1)...........................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(e) (1st, last
                                         sentences).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(c)(2)...........................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(e) (2d sentence).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(c)(3)...........................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(e) (3d sentence).
                                        49 App.:1655(c)(1).
46104(c)(4)...........................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(f).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(c)(5)...........................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(g).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(d)..............................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(b) (last
                                         sentence), (h).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
46104(e)..............................  49 App.:1354(c) (related to
                                         this chapter).
                                        49 App.:1484(a) (related to
                                         examiner).
                                        49 App.:1551(b)(1)(E).
                                        49 App.:1655(c)(1).
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---------------------------------

    In this section, the word ``Administrator'' in section 313(c) of the 
Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 753) is 
retained on authority of 49:106(g).
    Subsection (a)(1) is substituted for ``sign and issue subpenas'', 
``shall have the power to require by subpena the attendance and 
testimony of witnesses and the production of all books, papers, and 
documents relating to any matter under investigation'', and ``The 
attendance of witnesses, and the production of books, papers, and 
documents, may be required from any place in the United States, at any 
designated place of hearing'' in 49 App.:1484 for clarity and 
consistency in the revised title and with other titles of the United 
States Code and to eliminate unnecessary words.
    In subsection (b), the words ``petition a court of the United States 
to enforce the subpena'' are substituted for ``invoke the aid of any 
court of the United States in requiring attendance and testimony of 
witnesses and the production of such books, papers, and documents under 
the provisions of this section'' in 49 App.:1484(c) to eliminate 
unnecessary words. The words ``to enforce a subpena under this section'' 
are substituted for ``in case of contumacy or refusal to obey a subpena 
issued to any person, issue an order requiring such person to appear 
before the Board (and produce books, papers, or documents if so ordered) 
and give evidence touching the matter in question'' in 49 App.:1484(d) 
to eliminate unnecessary words.
    In subsection (c)(1), the words ``pending before it, at any stage of 
such proceeding or investigation'' in 49 App.:1484(e) are omitted as 
surplus. The words ``a person to give'' are substituted for ``to be 
taken'', and the words ``to produce records'' are added, for clarity and 
consistency. The last sentence is substituted for 49 App.:1484(e) (last 
sentence) for clarity and consistency and to eliminate unnecessary 
words.
    In subsection (c)(4), the words ``shall be cautioned . . . to 
testify the whole truth, and shall be carefully examined'' in 49 
App.:1484(f) are omitted as surplus. The words ``shall be under oath'' 
are substituted for ``shall be required to swear (or affirm, if he so 
requests)'' for consistency and because of 1:1.
    In subsection (d), the words ``that the witness and individual would 
have been'' are added for clarity and consistency in the revised title 
and with other titles of the Code. The words ``fees, charges, or'' and 
``on the subject'' are omitted as surplus.
    In subsection (e), the words ``duly . . . for such purpose'' are 
omitted as surplus. The words ``employee appointed under section 3105 of 
title 5'' are substituted for ``examiner'', and the words ``subpena 
witnesses'' are substituted for ``sign and issue subpenas'', for 
consistency in the revised title and with other titles of the Code. The 
words ``In all cases heard by an examiner or a single member'' are 
omitted as surplus.

                  Section Referred to in Other Sections

    This section is referred to in sections 106, 47122 of this title.
