§ 28101. Rail police officers

Footnotes

1. 1 So in original. Probably should be “officer”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 28101

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 939, § 26101

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1994

   Swift Rail Development Act of 1994

   Pub. L. 103–440 title I § 103(a)(1) · 108 Stat. 4615

   Changed · 49 U.S.C. § 28101

   Pub. L. 103–440 renumbered section 26101 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 103–440 renumbered section 26101 of this title as this section.

   Enacted provision · exact public law section
   (1) Part D of subtitle V of title 49, United States Code, is redesignated as part E, chapter 261 of such title is redesignated as chapter 281, and sections 26101 and 26102 of such title are redesignated as sections 28101 and 28102.

3. 2007

   Pub. L. 110–53 title XV § 1526(a) · 121 Stat. 266

   1. Amended · 49 U.S.C. § 28101

      Pub. L. 110–53 designated existing provisions as subsec. (a)

   2. Inserted · 49 U.S.C. § 28101

      Pub. L. 110–53 inserted heading

   3. Added · 49 U.S.C. § 28101

      Pub. L. 110–53 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 110–53 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).

   Enacted provision · exact public law section
   (a) Railroad Police Officers.— Section 28101 of title 49, United States Code, is amended— (1) by inserting “(a) In General.—” before “Under”; and (2) by adding at the end the following: “(b) Assignment.— A railroad police officer employed by a railroad carrier and certified or commissioned as a police officer under the laws of a State may be temporarily assigned to assist a second railroad carrier in carrying out law enforcement duties upon the request of the second railroad carrier, at which time the police officer shall be considered to be an employee of the second railroad carrier and shall have authority to enforce the laws of any jurisdiction in which the second railroad carrier owns property to the same extent as provided in subsection (a).” .

4. 2015

   Passenger Rail Reform and Investment Act of 2015

   Pub. L. 114–94 § 11412(a)(1) · 129 Stat. 1312

   Substituted · 49 U.S.C. § 28101(a)

   Pub. L. 114–94, § 11412(a)(1), substituted “directly employed by or contracted by” for “employed by” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–94, § 11412(a)(1), substituted “directly employed by or contracted by” for “employed by” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking “employed by” each place it appears and inserting “directly employed by or contracted by”;

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

5. 2015

   Passenger Rail Reform and Investment Act of 2015

   Pub. L. 114–94 § 11412(a)(1) · 129 Stat. 1312

   1. Substituted · 49 U.S.C. § 28101(b)

      Pub. L. 114–94, § 11412(a)(1), (2), substituted “directly employed by or contracted by” for “employed by”

   2. Inserted · 49 U.S.C. § 28101(b)

      Pub. L. 114–94, § 11412(a)(1), (2), inserted “or agent, as applicable,” after “an employee”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 114–94, § 11412(a)(1), (2), substituted “directly employed by or contracted by” for “employed by” and inserted “or agent, as applicable,” after “an employee”.

   Enacted provision · exact public law section
   (1) by striking “employed by” each place it appears and inserting “directly employed by or contracted by”;

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

6. 2015

   Passenger Rail Reform and Investment Act of 2015

   Pub. L. 114–94 § 11412(a)(3) · 129 Stat. 1312

   Added · 49 U.S.C. § 28101(c); 49 U.S.C. § 28101(d)

   Pub. L. 114–94, § 11412(a)(3), added subsecs. (c) and (d)

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 114–94, § 11412(a)(3), added subsecs. (c) and (d).

   Enacted provision · exact public law section
   (3) by adding at the end the following: “(c) Transfers.— “(1) In general.— If a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State transfers primary employment or residence from the certifying or commissioning State to another State or jurisdiction, the railroad police officer, not later than 1 year after the date of transfer, shall apply to be certified or commissioned as a police office under the laws of the State of new primary employment or residence. “(2) Interim period.— During the period beginning on the date of transfer and ending 1 year after the date of transfer, a railroad police officer directly employed by or contracted by a rail carrier and certified or commissioned as a police officer under the laws of a State may enforce the laws of the new jurisdiction in which the railroad police officer resides, to the same extent as provided in subsection (a). “(d) Training.— “(1) In general.— A State may recognize as meeting that State’s basic police officer certification or commissioning requirements for qualification as a rail police officer under this section any individual who successfully completes a program at a State-recognized police training academy in another State or at a Federal law enforcement training center and who is certified or commissioned as a police officer by that other State. “(2) Rule of construction.— Nothing in this subsection shall be construed as superseding or affecting any State training requirements related to criminal law, criminal procedure, motor vehicle code, any other State law, or State-mandated comparative or annual in-service training academy or Federal law enforcement training center.” .

   Effective date note
   Amendment by Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.

9 of 9 references resolved to an enrolled provision