Sec. 12. INVESTIGATIVE AUTHORITY
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## SEC. 12 INVESTIGATIVE AUTHORITY ###
(a)Authority To Initiate Investigations **[**[49 U.S.C. 11701](/us/usc/t49/s11701)**]** Section 11701(a) is amended— ####
(1)by striking “only on complaint” and inserting “on the Board’s own initiative or upon receiving a complaint pursuant to subsection (b)”; and ####
(2)by adding at the end the following: “If the Board finds a violation of this part in a proceeding brought on its own initiative, any remedy from such proceeding may only be applied prospectively.”. ###
(b)Limitations on Investigations of the Board’s Initiative Section 11701, as amended by subsection (a), is further amended by adding at the end the following: > > ### “(d) > > In any investigation commenced on the Board’s own initiative, the Board shall— > > > #### “(1) > > not later than 30 days after initiating the investigation, provide written notice to the parties under investigation, which shall state the basis for such investigation; > > > #### “(2) > > only investigate issues that are of national or regional significance; > > > #### “(3) > > permit the parties under investigation to file a written statement describing any or all facts and circumstances concerning a matter which may be the subject of such investigation; > > > #### “(4) > > make available to the parties under investigation and Board members— > > > ##### “(A) > > any recommendations made as a result of the investigation; and > > > ##### “(B) > > a summary of the findings that support such recommendations; > > > #### “(5) > > to the extent practicable, separate the investigative and decisionmaking functions of staff; > > > #### “(6) > > dismiss any investigation that is not concluded by the Board with administrative finality within 1 year after the date on which it was commenced; and > > > #### “(7) > > not later than 90 days after receiving the recommendations and summary of findings under paragraph (4)— > > > ##### “(A) > > dismiss the investigation if no further action is warranted; or > > > ##### “(B) > > initiate a proceeding to determine if a provision under this part has been violated. > > > ### “(e) > > > ####
(1)> > Any parties to an investigation against whom a violation is found as a result of an investigation begun on the Board’s own initiative may, not later than 60 days after the date of the order of the Board finding such a violation, institute an action in the United States court of appeals for the appropriate judicial circuit for de novo review of such order in accordance with chapter 7 of title 5. > > > #### “(2) > > The court— > > > ##### “(A) > > shall have jurisdiction to enter a judgment affirming, modifying, or setting aside, in whole or in part, the order of the Board; and > > > ##### “(B) > > may remand the proceeding to the Board for such further action as the court may direct.” > . ###
(c)Rulemakings for Investigations of the Board’s Initiative **[**[49 U.S.C. 11701 note](/us/usc/t49/s11701)**]** Not later than 1 year after the date of the enactment of this Act, the Board shall issue rules, after notice and comment rulemaking, for investigations commenced on its own initiative that— ####
(1)comply with the requirements of section 11701(d) of title 49, United States Code, as added by subsection (b); ####
(2)satisfy due process requirements; and ####
(3)take into account ex parte constraints.
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Sec. 12
INVESTIGATIVE AUTHORITY
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