49 U.S.C. § 13301 — Powers

(a) General Powers of Secretary^*: Unless the law says otherwise, the Secretary carries out this part. Listing one of the Secretary's powers here doesn't rule out other powers the Secretary may have under this part. The Secretary may issue regulations to carry out this part.

(b) Obtaining Information: The Secretary may get information from carriers that provide, and brokers who arrange, transportation^* or service covered by this part, whenever the Secretary decides the information is necessary. The Secretary can also get this information from people who control, are controlled by, or share common control with those carriers or brokers, as far as that person's business relates to managing the carrier's or broker's business.

(c) Subpoena Power: (1) The Secretary may subpoena witnesses and records related to a proceeding under this part, from anywhere in the United States^*, to the place where the proceeding is happening. If a witness ignores a subpoena, the Secretary or a party to the proceeding can ask a federal court to enforce it. (2) Federal district courts have the power to enforce a subpoena issued under this section, with the trial held in the district where the proceeding is happening. The court can punish someone who refuses to obey the subpoena as contempt of court.

(d) Testimony of Witnesses: (1) In a proceeding under this part, the Secretary may take a witness's testimony by deposition and order the witness to produce records. A party to a pending proceeding may also take a witness's deposition and require records, once the proceeding has reached the stage of petition and answer. (2) If a witness won't sit for a deposition or produce records this way, the Secretary may subpoena the witness to force it. (3) A deposition can be taken before a federal judge, a U.S. magistrate judge, a district court clerk, various state^* court judges or officials, a city mayor or chief magistrate, or a notary public — as long as that person isn't a lawyer for either side or otherwise interested in the case. (4) Before taking a deposition, the party or lawyer planning to take it must give the other side reasonable written notice, stating the witness's name and the time and place of the deposition. (5) The deposition testimony must be given under oath, written up into a transcript by whoever takes the deposition, and signed by the witness. (6) If a witness is in a foreign country, their deposition can be taken before an officer or person the Secretary designates, or one the parties agree to in a written stipulation filed with the Secretary; the completed deposition must be filed with the Secretary promptly.

(e) Witness Fees: Any witness who is summoned or deposed under this section, and the person taking the deposition, are entitled to the same fees and mileage payments given for the same services in federal court.

(f) Powers of Board^*: Wherever this part says a provision is to be carried out by the Board rather than the Secretary, the Board has the same powers described in this section that the Secretary has.