§ 113. — Federal Motor Carrier Safety Administration.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 49USC113]
TITLE 49--TRANSPORTATION
SUBTITLE I--DEPARTMENT OF TRANSPORTATION
CHAPTER 1--ORGANIZATION
Sec. 113. Federal Motor Carrier Safety Administration
(a) In General.--The Federal Motor Carrier Safety Administration
shall be an administration 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 intent, encouragement,
and dedication of Congress to the furtherance of the highest degree of
safety in motor carrier transportation.
(c) Administrator.--The head of the Administration shall be the
Administrator who shall be appointed by the President, by and with the
advice 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 Administration shall have a Deputy
Administrator appointed 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 Administration shall have an
Assistant Federal Motor Carrier Safety Administrator appointed in the
competitive service by the Secretary, with the approval of the
President. The Assistant Administrator 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 carriers or motor carrier
safety vested in the Secretary 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 Department
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 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
notice and hearing required by law is administratively final.
(i) Consultation.--The Administrator shall consult with the Federal
Highway Administrator and with the National Highway Traffic Safety
Administrator on matters related to highway and motor carrier safety.
(Added Pub. L. 106-159, title I, Sec. 101(a), Dec. 9, 1999, 113 Stat.
1750.)
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.
Findings
Pub. L. 106-159, Sec. 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,
extensive periods have elapsed without progress toward resolution or
implementation.
``(4) Too few motor carriers undergo compliance reviews and the
Department's data bases and information systems require substantial
improvement to enhance 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 facilities 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 conflicts 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 related to commercial motor vehicles,
operators, and carriers.''
Purposes
Pub. L. 106-159, Sec. 4, Dec. 9, 1999, 113 Stat. 1749, provided
that: ``The purposes of this Act [see Tables for classification] are--
``(1) to improve the administration of the Federal motor carrier
safety program and to establish a Federal Motor Carrier Safety
Administration in the Department 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 research, and effective
commercial driver's license testing, recordkeeping and sanctions.''
Savings Provision
Pub. L. 106-159, title I, Sec. 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 classification] 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 Safety Administration by this
Act shall be transferred to the Administration for use in connection
with the functions transferred, and unexpended balances of
appropriations, allocations, and other funds of the Office of Motor
Carrier Safety (including any predecessor entity) 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 allowed to become
effective by the Office, any officer or employee of the Office, or
any other Government official, 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
jurisdiction, 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 proceedings shall continue in
effect until modified, terminated, 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 discontinuance or modification of any
proceeding described in paragraph (1) under the same terms and
conditions and to the same extent that such proceeding could have
been discontinued or modified if this Act had not been enacted.
``(3) Orderly transfer.--The Secretary is authorized 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, appeals 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 retained and transferred under this Act, with
the Administration (to the extent the suit involves functions
transferred to the Administration under this Act) substituted for
the Office.
``(3) Remanded cases.--If the court in a suit described in
paragraph (1) remands a case to the Administration, subsequent
proceedings related to such case shall proceed in accordance with
applicable law and regulations as in effect at the time of such
subsequent 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 capacity, 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 Administration may, for purposes of
performing a function transferred by this Act or the amendments made by
this Act, exercise all authorities under any other provision of law that
were available with respect to the performance 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 delegation 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.''
