US (United States) Code. Title 49. Subtitle II. Chapter 11: National Transporation Safety Board

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation. Other Government Agencies

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-CITE-

49 USC CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

-HEAD-

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

-MISC1-

SUBCHAPTER I - GENERAL

Sec.

1101. Definitions.

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

1111. General organization.

1112. Special boards of inquiry on air transportation

safety.

1113. Administrative.

1114. Disclosure, availability, and use of information.

1115. Training.

1116. Reports and studies.

1117. Annual report.

1118. Authorization of appropriations.

1119. Accident and safety data classification and

publication.

SUBCHAPTER III - AUTHORITY

1131. General authority.

1132. Civil aircraft accident investigations.

1133. Review of other agency action.

1134. Inspections and autopsies.

1135. Secretary of Transportation's responses to safety

recommendations.

1136. Assistance to families of passengers involved in

aircraft accidents.

1137. Authority of the Inspector General.

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

1151. Aviation enforcement.

1152. Joinder and intervention in aviation proceedings.

1153. Judicial review.

1154. Discovery and use of cockpit and surface vehicle

recordings and transcripts.

1155. Aviation penalties.

AMENDMENTS

2000 - Pub. L. 106-424, Secs. 5(c)(2), 12(b), Nov. 1, 2000, 114

Stat. 1885, 1887, added item 1137 and substituted "and surface

vehicle recordings and transcripts" for "voice and other material"

in item 1154.

1996 - Pub. L. 104-264, title IV, Sec. 407(a)(2), title VII, Sec.

702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and

1136.

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

745, added subtitle II (comprised of chapter 11, Secs. 1101-1155)

and struck out former subtitle II, except that chapter 31

(comprised of Secs. 3101-3104) of subtitle II was redesignated and

restated as chapter 315 (comprised of Secs. 31501-31504) of

subtitle VI, as enacted by Pub. L. 103-272, Sec. 1(e).

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 329 of this title.

-End-

-CITE-

49 USC SUBCHAPTER I - GENERAL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER I - GENERAL

-HEAD-

SUBCHAPTER I - GENERAL

-End-

-CITE-

49 USC Sec. 1101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER I - GENERAL

-HEAD-

Sec. 1101. Definitions

-STATUTE-

Section 2101(17a) of title 46 and section 40102(a) of this title

apply to this chapter. In this chapter, the term "accident"

includes damage to or destruction of vehicles in surface or air

transportation or pipelines, regardless of whether the initiating

event is accidental or otherwise.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 746; Pub. L.

106-424, Sec. 2, Nov. 1, 2000, 114 Stat. 1883.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1101 (no source)

--------------------------------------------------------------------

A number of the source provisions of the chapter are taken from

49 App.:ch. 20. The text of 49 App.:ch. 20 contains general

definitions, some of which are used in those source provisions.

This section is included to ensure that the identical definitions

that are relevant are used without repeating them. The source

provisions for the definitions are found in the revision note for

section 40102(a) of the revised title.

AMENDMENTS

2000 - Pub. L. 106-424 amended section catchline and text

generally. Prior to amendment, text read as follows: "Section

40102(a) of this title applies to this chapter."

SHORT TITLE OF 2000 AMENDMENT

Pub. L. 106-424, Sec. 1(a), Nov. 1, 2000, 114 Stat. 1883,

provided that: "This Act [enacting section 1137 of this title,

amending this section and sections 1111, 1113 to 1115, 1118, 1131,

1154, 44721, and 46301 of this title, and enacting provisions set

out as notes under sections 1111, 1113, 1131, 44703, and 44721 of

this title] may be cited as the 'National Transportation Safety

Board Amendments Act of 2000'."

SHORT TITLE OF 1996 AMENDMENT

Pub. L. 104-291, title I, Sec. 101, Oct. 11, 1996, 110 Stat.

3452, provided that: "This title [amending sections 1114, 1115, and

1118 of this title] may be cited as the 'National Transportation

Safety Board Amendments of 1996'."

-End-

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49 USC SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-End-

-CITE-

49 USC Sec. 1111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1111. General organization

-STATUTE-

(a) Organization. - The National Transportation Safety Board is

an independent establishment of the United States Government.

(b) Appointment of Members. - The Board is composed of 5 members

appointed by the President, by and with the advice and consent of

the Senate. Not more than 3 members may be appointed from the same

political party. At least 3 members shall be appointed on the basis

of technical qualification, professional standing, and demonstrated

knowledge in accident reconstruction, safety engineering, human

factors, transportation safety, or transportation regulation.

(c) Terms of Office and Removal. - The term of office of each

member is 5 years. An individual appointed to fill a vacancy

occurring before the expiration of the term for which the

predecessor of that individual was appointed, is appointed for the

remainder of that term. When the term of office of a member ends,

the member may continue to serve until a successor is appointed and

qualified. The President may remove a member for inefficiency,

neglect of duty, or malfeasance in office.

(d) Chairman and Vice Chairman. - The President shall designate,

by and with the advice and consent of the Senate, a Chairman of the

Board. The President also shall designate a Vice Chairman of the

Board. The terms of office of both the Chairman and Vice Chairman

are 2 years. When the Chairman is absent or unable to serve or when

the position of Chairman is vacant, the Vice Chairman acts as

Chairman.

(e) Duties and Powers of Chairman. - The Chairman is the chief

executive and administrative officer of the Board. Subject to the

general policies and decisions of the Board, the Chairman shall -

(1) appoint, supervise, and fix the pay of officers and

employees necessary to carry out this chapter;

(2) distribute business among the officers, employees, and

administrative units of the Board; and

(3) supervise the expenditures of the Board.

(f) Quorum. - Three members of the Board are a quorum in carrying

out duties and powers of the Board.

(g) Offices, Bureaus, and Divisions. - The Board shall establish

offices necessary to carry out this chapter, including an office to

investigate and report on the safe transportation of hazardous

material. The Board shall establish distinct and appropriately

staffed bureaus, divisions, or offices to investigate and report on

accidents involving each of the following modes of transportation:

(1) aviation.

(2) highway and motor vehicle.

(3) rail and tracked vehicle.

(4) pipeline.

(h) Chief Financial Officer. - The Chairman shall designate an

officer or employee of the Board as the Chief Financial Officer.

The Chief Financial Officer shall -

(1) report directly to the Chairman on financial management and

budget execution;

(2) direct, manage, and provide policy guidance and oversight

on financial management and property and inventory control; and

(3) review the fees, rents, and other charges imposed by the

Board for services and things of value it provides, and suggest

appropriate revisions to those charges to reflect costs incurred

by the Board in providing those services and things of value.

(i) Seal. - The Board shall have a seal that shall be judicially

recognized.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 746; Pub. L.

106-424, Sec. 10, Nov. 1, 2000, 114 Stat. 1886.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1111(a) 49 App.:1902(a). Jan. 3, 1975, Pub. L.

93-633, Sec. 303(a), (b)(2)-

(c), 88 Stat. 2167, 2168.

1111(b) 49 App.:1902(b)(1) Jan. 3, 1975, Pub. L.

(1st sentence words 93-633, Sec. 303(b)(1), 88

before comma, Stat. 2167; Oct. 14, 1982,

2d-last sentences). Pub. L. 97-309, Sec. 1 (1st

sentence), 96 Stat. 1453.

1111(c) 49 App.:1902(b)(2).

1111(d) 49 App.:1902(b)(1)

(1st sentence words

after comma), (3)

(1st, 2d, 4th

sentences).

1111(e) 49 App.:1902(b)(3)

(3d, last

sentences), (c)(3).

1111(f) 49 App.:1902(b)(4).

1111(g) 49 App.:1902(b)(5),

(c)(1).

1111(h) 49 App.:1902(c)(2).

--------------------------------------------------------------------

In subsection (a), the words "previously established within the

Department of Transportation" are omitted as unnecessary. The words

"in accordance with this section, on and after April 1, 1975" are

omitted as executed.

In subsection (c), the words "except as otherwise provided in

this paragraph" are omitted as surplus. The text of 49

App.:1902(b)(2) (4th sentence) is omitted as executed.

In subsection (d), the words "On or before January 1, 1976" are

omitted as executed. The words "(and thereafter as required)" and

"(hereafter in this chapter referred to as the 'Chairman')" are

omitted as unnecessary.

In subsection (e), before clause (1), the words "is the chief

executive and administrative officer of the Board" are substituted

for "shall be the chief executive officer of the Board and shall

exercise the executive and administrative functions of the Board"

for clarity. The words "Subject to the general policies and

decisions of the Board, the Chairman shall" are substituted for 49

App.:1902(b)(3) (last sentence) to eliminate unnecessary words. In

clause (1), the words "Subject to the civil service and

classification laws" are omitted as unnecessary because of title 5,

United States Code, especially sections 3301, 5101, and 5331. The

words "the Board is authorized" are omitted for consistency because

the authority to appoint officers and employees is vested in the

Chairman subject to the "general policies and decisions of the

Board" as provided in the source provisions. The words "including

investigators, attorneys, and administrative law judges" are

omitted as covered by "officers and employees". The words "carry

out this chapter" are substituted for "carry out its powers and

duties under this chapter" to eliminate unnecessary words. In

clause (3), the words "expenditures of the Board" are substituted

for "the use and expenditure of funds" for clarity.

In subsection (f), the words "duties and powers" are substituted

for "function" for consistency in the revised title and with other

titles of the Code.

In subsection (g), the text of 49 App.:1902(c)(1) is omitted as

unnecessary because of 40:ch. 10.

AMENDMENTS

2000 - Subsecs. (h), (i). Pub. L. 106-424 added subsec. (h) and

redesignated former subsec. (h) as (i).

IMPROVED AUDIT PROCEDURES

Pub. L. 106-424, Sec. 11, Nov. 1, 2000, 114 Stat. 1887, provided

that: "The National Transportation Safety Board, in consultation

with the Inspector General of the Department of Transportation,

shall develop and implement comprehensive internal audit controls

for its financial programs based on the findings and

recommendations of the private sector audit firm contract entered

into by the Board in March, 2000. The improved internal audit

controls shall, at a minimum, address Board asset management

systems, including systems for accounting management, debt

collection, travel, and property and inventory management and

control."

-End-

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49 USC Sec. 1112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1112. Special boards of inquiry on air transportation safety

-STATUTE-

(a) Establishment. - If an accident involves a substantial

question about public safety in air transportation, the National

Transportation Safety Board may establish a special board of

inquiry composed of -

(1) one member of the Board acting as chairman; and

(2) 2 members representing the public, appointed by the

President on notification of the establishment of the special

board of inquiry.

(b) Qualifications and Conflicts of Interest. - The public

members of a special board of inquiry must be qualified by training

and experience to participate in the inquiry and may not have a

pecuniary interest in an aviation enterprise involved in the

accident to be investigated.

(c) Authority. - A special board of inquiry has the same

authority that the Board has under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 747.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1112 49 App.:1443. Aug. 23, 1958, Pub. L.

85-726, Sec. 703, 72 Stat.

782.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

88 Stat. 2168.

--------------------------------------------------------------------

In subsection (c), the words "when convened to investigate an

accident certified to it by the National Transportation Safety

Board" are omitted as surplus.

-End-

-CITE-

49 USC Sec. 1113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1113. Administrative

-STATUTE-

(a) General Authority. - (1) The National Transportation Safety

Board, and when authorized by it, a member of the Board, an

administrative law judge employed by or assigned to the Board, or

an officer or employee designated by the Chairman of the Board, may

conduct hearings to carry out this chapter, administer oaths, and

require, by subpena or otherwise, necessary witnesses and evidence.

(2) A witness or evidence in a hearing under paragraph (1) of

this subsection may be summoned or required to be produced from any

place in the United States to the designated place of the hearing.

A witness summoned under this subsection is entitled to the same

fee and mileage the witness would have been paid in a court of the

United States.

(3) A subpena shall be issued under the signature of the Chairman

or the Chairman's delegate but may be served by any person

designated by the Chairman.

(4) If a person disobeys a subpena, order, or inspection notice

of the Board, the Board may bring a civil action in a district

court of the United States to enforce the subpena, order, or

notice. An action under this paragraph may be brought in the

judicial district in which the person against whom the action is

brought resides, is found, or does business. The court may punish a

failure to obey an order of the court to comply with the subpena,

order, or notice as a contempt of court.

(b) Additional Powers. - (1) The Board may -

(A) procure the temporary or intermittent services of experts

or consultants under section 3109 of title 5;

(B) make agreements and other transactions necessary to carry

out this chapter without regard to section 3709 of the Revised

Statutes (41 U.S.C. 5);

(C) use, when appropriate, available services, equipment,

personnel, and facilities of a department, agency, or

instrumentality of the United States Government on a reimbursable

or other basis;

(D) confer with employees and use services, records, and

facilities of State and local governmental authorities;

(E) appoint advisory committees composed of qualified private

citizens and officials of the Government and State and local

governments as appropriate;

(F) accept voluntary and uncompensated services notwithstanding

another law;

(G) accept gifts of money and other property;

(H) make contracts with nonprofit entities to carry out studies

related to duties and powers of the Board; and

(I) negotiate and enter into agreements with individuals and

private entities and departments, agencies, and instrumentalities

of the Government, State and local governments, and governments

of foreign countries for the provision of facilities,

accident-related and technical services or training in accident

investigation theory and techniques, and require that such

entities provide appropriate consideration for the reasonable

costs of any facilities, goods, services, or training provided by

the Board.

(2) The Board shall deposit in the Treasury amounts received

under paragraph (1)(I) of this subsection to be credited as

offsetting collections to the appropriation of the Board. The Board

shall maintain an annual record of collections received under

paragraph (1)(I) of this subsection.

(c) Submission of Certain Copies to Congress. - When the Board

submits to the President or the Director of the Office of

Management and Budget a budget estimate, budget request,

supplemental budget estimate, other budget information, a

legislative recommendation, prepared testimony for congressional

hearings, or comments on legislation, the Board must submit a copy

to Congress at the same time. An officer, department, agency, or

instrumentality of the Government may not require the Board to

submit the estimate, request, information, recommendation,

testimony, or comments to another officer, department, agency, or

instrumentality of the Government for approval, comment, or review

before being submitted to Congress.

(d) Liaison Committees. - The Chairman may determine the number

of committees that are appropriate to maintain effective liaison

with other departments, agencies, and instrumentalities of the

Government, State and local governmental authorities, and

independent standard-setting authorities that carry out programs

and activities related to transportation safety. The Board may

designate representatives to serve on or assist those committees.

(e) Inquiries. - The Board, or an officer or employee of the

Board designated by the Chairman, may conduct an inquiry to obtain

information related to transportation safety after publishing

notice of the inquiry in the Federal Register. The Board or

designated officer or employee may require by order a department,

agency, or instrumentality of the Government, a State or local

governmental authority, or a person transporting individuals or

property in commerce to submit to the Board a written report and

answers to requests and questions related to a duty or power of the

Board. The Board may prescribe the time within which the report and

answers must be given to the Board or to the designated officer or

employee. Copies of the report and answers shall be made available

for public inspection.

(f) Regulations. - The Board may prescribe regulations to carry

out this chapter.

(g) Overtime Pay. -

(1) In general. - Subject to the requirements of this section

and notwithstanding paragraphs (1) and (2) of section 5542(a) of

title 5, for an employee of the Board whose basic pay is at a

rate which equals or exceeds the minimum rate of basic pay for

GS-10 of the General Schedule, the Board may establish an

overtime hourly rate of pay for the employee with respect to work

performed at the scene of an accident (including travel to or

from the scene) and other work that is critical to an accident

investigation in an amount equal to one and one-half times the

hourly rate of basic pay of the employee. All of such amount

shall be considered to be premium pay.

(2) Limitation on overtime pay to an employee. - An employee of

the Board may not receive overtime pay under paragraph (1), for

work performed in a calendar year, in an amount that exceeds 15

percent of the annual rate of basic pay of the employee for such

calendar year.

(3) Limitation on total amount of overtime pay. - The Board may

not make overtime payments under paragraph (1) for work performed

in any fiscal year in a total amount that exceeds 1.5 percent of

the amount appropriated to carry out this chapter for that fiscal

year.

(4) Basic pay defined. - In this subsection, the term "basic

pay" includes any applicable locality-based comparability payment

under section 5304 of title 5 (or similar provision of law) and

any special rate of pay under section 5305 of title 5 (or similar

provision of law).

(5) Annual report. - Not later than January 31, 2002, and

annually thereafter, the Board shall transmit to the Senate

Committee on Commerce, Science, and Transportation and the House

Transportation and Infrastructure Committee a report identifying

the total amount of overtime payments made under this subsection

in the preceding fiscal year, and the number of employees whose

overtime pay under this subsection was limited in that fiscal

year as a result of the 15 percent limit established by paragraph

(2).

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 747; Pub. L.

106-424, Secs. 3(a), (b)(1), 4, Nov. 1, 2000, 114 Stat. 1883,

1884.)

-MISC1-

HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1113(a) 49 App.:1903(b)(1), Jan. 3, 1975, Pub. L.

(3). 93-633, Sec. 304(a)(1)(A),

(b)(1), (3), (4), (7)-(9),

88 Stat. 2168, 2169, 2170;

July 19, 1988, Pub. L.

100-372, Sec. 4, 102 Stat.

876.

1113(b)(1)( 49 App.:1441(b) Aug. 23, 1958, Pub. L.

A) (words before 85-726, Sec. 701(b), 72

semicolon). Stat. 781.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49

App.:1903(a)(1)(A),

(b)(6)(C).

1113(b)(1)( 49 App.:1903(b)(4).

B)

1113(b)(1)( 49 App.:1441(b)

C) (words after

semicolon).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

49 Jan. 3, 1975, Pub. L.

App.:1903(b)(6)(A). 93-633, Sec. 304(b)(6), 88

Stat. 2170; July 19, 1988,

Pub. L. 100-372, Sec. 5,

102 Stat. 877.

1113(b) 49

(1)(D)-(I), App.:1903(b)(6)(B),

(2) (D)-(H).

1113(c) 49 App.:1903(b)(7).

1113(d) 49 App.:1903(b)(8).

1113(e) 49 App.:1903(b)(9).

1113(f) 49 App.:1903(b)(12). Jan. 3, 1975, Pub. L.

93-633, Sec. 304(b)(12), 88

Stat. 2171; July 19, 1988,

Pub. L. 100-372, Sec. 4,

102 Stat. 876; Nov. 28,

1990, Pub. L. 101-641, Sec.

6, 104 Stat. 4656.

--------------------------------------------------------------------

In subsection (a)(1), the words "sit and act at such times and

places" are omitted as unnecessary. The word "necessary" is

substituted for "as the Board or such officer or employee deems

advisable" because it is more accurate.

In subsection (a)(2), the words "the witness would have been" are

added for clarity and consistency in the revised title and with

other titles of the United States Code.

In subsection (a)(4), the words "If a person disobeys" are

substituted for "In case of contumacy or refusal to obey" for

consistency in the revised title and with other titles of the Code.

The words "of the Board" are substituted for "of the Board, or of

any duly designated employee thereof" to eliminate unnecessary

words. The words "the Board may bring a civil action in a district

court of the United States" are substituted for "such district

court shall, upon the request of the Board, have jurisdiction" for

consistency in the revised title and because of 28:1331. The word

"forthwith" is omitted as surplus. The words "An action under this

paragraph may be brought in the judicial district" are added for

clarity.

In subsection (b)(1)(A), the text of 49 App.:1441(b) (words

before semicolon) is omitted as superseded by 49

App.:1903(b)(6)(C).

In subsection (b)(1)(B), the words "make agreements and other

transactions" are substituted for "enter into . . . such contracts,

leases, cooperative agreements, or other transactions" to eliminate

unnecessary words. The words "to carry out this chapter" are

substituted for "in the conduct of the functions and the duties of

the Board under this chapter" for consistency. The words "with any

government entity or any person" are omitted as surplus.

In subsection (b)(1)(C), the words "Department of Transportation

and of other" are omitted as surplus. The words "department,

agency, or instrumentality of the United States Government" are

substituted for "civilian or military agencies and

instrumentalities of the Federal Government" in 49

App.:1903(b)(6)(A) for consistency in the revised title and with

other titles of the Code. The text of 49 App.:1441(b) (words after

semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A).

In subsection (b)(1)(D), the word "available" is omitted as

surplus.

In subsection (b)(1)(E), the words "one or more" are omitted as

surplus because the authority to appoint advisory committees is

discretionary and unlimited on its face. The word "appropriate" is

substituted for "necessary or appropriate" to eliminate unnecessary

words. The words "in accordance with the Federal Advisory Committee

Act" are omitted as surplus because that Act applies unless

specifically excluded. (See 5 App. U.S.C.)

In subsection (b)(1)(G), the words "gifts of money and other

property" are substituted for "gifts or donations of money or

property (real, personal, mixed, tangible, or intangible)" to

eliminate unnecessary words.

In subsection (b)(1)(H), the words "public or private" are

omitted as surplus.

Subsection (b)(2) is substituted for "and to apply the funds

received to the Board's appropriations" for clarity and consistency

in the revised title and with other titles of the Code.

In subsection (c), the word "submits" is substituted for "submits

or transmits" for consistency. The words "Director of the Office of

Management and Budget" are substituted for "Office of Management

and Budget" because of 31:502(a).

In subsection (d), the word "appropriate" is substituted for

"necessary or appropriate" to eliminate unnecessary words.

In subsection (e), the words "officer or employee" are

substituted for "employee" for consistency in the revised title.

The words "by order" are substituted for "by special or general

orders" to eliminate unnecessary words. The word "individuals" is

substituted for "people" for consistency in the revised title.

In subsection (f), the words "prescribe regulations to carry out

this chapter" are substituted for "rules and regulations as may be

necessary to the exercise of its functions" for consistency in the

revised title and with other titles of the Code and because "rule"

and "regulation" are synonymous.

-REFTEXT-

REFERENCES IN TEXT

GS-10 of the General Schedule, referred to in subsec. (g)(1), is

set out under section 5332 of Title 5, Government Organization and

Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (b)(1)(I). Pub. L. 106-424, Sec. 3(a), amended

subpar. (I) generally. Prior to amendment, subpar. (I) read as

follows: "require that the departments, agencies, and

instrumentalities of the Government, State and local governments,

and governments of foreign countries provide appropriate

consideration for the reasonable costs of goods and services

supplied by the Board."

Subsec. (b)(2). Pub. L. 106-424, Sec. 3(b)(1), inserted "as

offsetting collections" after "to be credited" and "The Board shall

maintain an annual record of collections received under paragraph

(1)(I) of this subsection." at end.

Subsec. (g). Pub. L. 106-424, Sec. 4, added subsec. (g).

TRAVEL BUDGETS

Pub. L. 106-424, Sec. 9, Nov. 1, 2000, 114 Stat. 1886, provided

that: "The Chairman of the National Transportation Safety Board

shall establish annual fiscal year budgets for non-accident-related

travel expenditures for Board members which shall be approved by

the Board and submitted to the Senate Committee on Commerce,

Science, and Transportation and to the House of Representatives

Committee on Transportation and Infrastructure together with an

annual report detailing the non-accident-related travel of each

Board member. The report shall include separate accounting for

foreign and domestic travel, including any personnel or other

expenses associated with that travel."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1131, 1132 of this title.

-End-

-CITE-

49 USC Sec. 1114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1114. Disclosure, availability, and use of information

-STATUTE-

(a) General. - (1) Except as provided in subsections (b), (c),

(d), and (f) of this section, a copy of a record, information, or

investigation submitted or received by the National Transportation

Safety Board, or a member or employee of the Board, shall be made

available to the public on identifiable request and at reasonable

cost. This subsection does not require the release of information

described by section 552(b) of title 5 or protected from disclosure

by another law of the United States.

(2) The Board shall deposit in the Treasury amounts received

under paragraph (1) to be credited to the appropriation of the

Board as offsetting collections.

(b) Trade Secrets. - (1) The Board may disclose information

related to a trade secret referred to in section 1905 of title 18

only -

(A) to another department, agency, or instrumentality of the

United States Government when requested for official use;

(B) to a committee of Congress having jurisdiction over the

subject matter to which the information is related, when

requested by that committee;

(C) in a judicial proceeding under a court order that preserves

the confidentiality of the information without impairing the

proceeding; and

(D) to the public to protect health and safety after giving

notice to any interested person to whom the information is

related and an opportunity for that person to comment in writing,

or orally in closed session, on the proposed disclosure, if the

delay resulting from notice and opportunity for comment would not

be detrimental to health and safety.

(2) Information disclosed under paragraph (1) of this subsection

may be disclosed only in a way designed to preserve its

confidentiality.

(3) Protection of Voluntary Submission of Information. -

Notwithstanding any other provision of law, neither the Board, nor

any agency receiving information from the Board, shall disclose

voluntarily provided safety-related information if that information

is not related to the exercise of the Board's accident or incident

investigation authority under this chapter and if the Board finds

that the disclosure of the information would inhibit the voluntary

provision of that type of information.

(c) Cockpit Recordings and Transcripts. - (1) The Board may not

disclose publicly any part of a cockpit voice or video recorder

recording or transcript of oral communications by and between

flight crew members and ground stations related to an accident or

incident investigated by the Board. However, the Board shall make

public any part of a transcript or any written depiction of visual

information the Board decides is relevant to the accident or

incident -

(A) if the Board holds a public hearing on the accident or

incident, at the time of the hearing; or

(B) if the Board does not hold a public hearing, at the time a

majority of the other factual reports on the accident or incident

are placed in the public docket.

(2) This subsection does not prevent the Board from referring at

any time to cockpit voice or video recorder information in making

safety recommendations.

(d) Surface Vehicle Recordings and Transcripts. -

(1) Confidentiality of recordings. - The Board may not disclose

publicly any part of a surface vehicle voice or video recorder

recording or transcript of oral communications by or among

drivers, train employees, or other operating employees

responsible for the movement and direction of the vehicle or

vessel, or between such operating employees and company

communication centers, related to an accident investigated by the

Board. However, the Board shall make public any part of a

transcript or any written depiction of visual information that

the Board decides is relevant to the accident -

(A) if the Board holds a public hearing on the accident, at

the time of the hearing; or

(B) if the Board does not hold a public hearing, at the time

a majority of the other factual reports on the accident are

placed in the public docket.

(2) References to information in making safety recommendations.

- This subsection does not prevent the Board from referring at

any time to voice or video recorder information in making safety

recommendations.

(e) Drug Tests. - (1) Notwithstanding section 503(e) of the

Supplemental Appropriations Act, 1987 (Public Law 100-71, 101 Stat.

471), the Secretary of Transportation shall provide the following

information to the Board when requested in writing by the Board:

(A) any report of a confirmed positive toxicological test,

verified as positive by a medical review officer, conducted on an

officer or employee of the Department of Transportation under

post-accident, unsafe practice, or reasonable suspicion

toxicological testing requirements of the Department, when the

officer or employee is reasonably associated with the

circumstances of an accident or incident under the investigative

jurisdiction of the Board.

(B) any laboratory record documenting that the test is

confirmed positive.

(2) Except as provided by paragraph (3) of this subsection, the

Board shall maintain the confidentiality of, and exempt from

disclosure under section 552(b)(3) of title 5 -

(A) a laboratory record provided the Board under paragraph (1)

of this subsection that reveals medical use of a drug allowed

under applicable regulations; and

(B) medical information provided by the tested officer or

employee related to the test or a review of the test.

(3) The Board may use a laboratory record made available under

paragraph (1) of this subsection to develop an evidentiary record

in an investigation of an accident or incident if -

(A) the fitness of the tested officer or employee is at issue

in the investigation; and

(B) the use of that record is necessary to develop the

evidentiary record.

(f) Foreign Investigations. -

(1) In general. - Notwithstanding any other provision of law,

neither the Board, nor any agency receiving information from the

Board, shall disclose records or information relating to its

participation in foreign aircraft accident investigations; except

that -

(A) the Board shall release records pertaining to such an

investigation when the country conducting the investigation

issues its final report or 2 years following the date of the

accident, whichever occurs first; and

(B) the Board may disclose records and information when

authorized to do so by the country conducting the

investigation.

(2) Safety recommendations. - Nothing in this subsection shall

restrict the Board at any time from referring to foreign accident

investigation information in making safety recommendations.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 749; Pub. L.

104-291, title I, Secs. 102, 103, Oct. 11, 1996, 110 Stat. 3452;

Pub. L. 106-424, Secs. 3(b)(2), 5(a), (b), Nov. 1, 2000, 114 Stat.

1884, 1885.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1114(a) 49 App.:1905(a). Jan. 3, 1975, Pub. L.

93-633, Sec. 306(a), (b), 88

Stat. 2172; Oct. 14, 1982,

Pub. L. 97-309, Sec. 2, 96

Stat. 1453.

1114(b) 49 App.:1905(b).

1114(c) 49 App.:1905(c). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

306(c); added Oct. 14, 1982,

Pub. L. 97-309, Sec. 2, 96

Stat. 1453; restated Nov.

28, 1990, Pub. L. 101-641,

Sec. 4, 104 Stat. 4654.

1114(d)(1) 49 App.:1903(b) Jan. 3, 1975, Pub. L.

(11)(A). 93-633, 88 Stat. 2156, Sec.

304(b)(11); added Nov. 28,

1990, Pub. L. 101-641, Sec.

6, 104 Stat. 4656.

1114(d)(2) 49 App.:1903(b)

(11)(B).

1114(d)(3) 49 App.:1903(b)

(11)(C).

--------------------------------------------------------------------

In subsection (a), the words "record, information, or

investigation" are substituted for "communication, document,

investigation, or other report, or information" to eliminate

unnecessary words. The words "of the United States" are added for

clarity.

In subsection (c)(1), before clause (A), the words

"Notwithstanding any other provision of law" are omitted as

surplus. The word "relevant" is substituted for "relevant and

pertinent" to eliminate unnecessary words.

In subsection (d), the words "officer or employee" are

substituted for "employee" for clarity and consistency in the

revised title and with other titles of the United States Code.

In subsection (d)(2), before clause (A), the words "maintain the

confidentiality of" are substituted for "maintain in confidence"

for consistency in the revised title and with other titles of the

Code. In clause (A), the words "of a confirmed and verified

toxicological test" are omitted as unnecessary because of the

restatement of the source provisions in paragraph (1) of this

subsection.

In subsection (d)(3), the words "laboratory record made available

under paragraph (1) of this subsection" are substituted for "such a

laboratory record" for clarity.

-REFTEXT-

REFERENCES IN TEXT

Section 503(e) of the Supplemental Appropriations Act, 1987,

referred to in subsec. (e)(1), is section 503(e) of Pub. L. 100-71,

which is set out as a note under section 7301 of Title 5,

Government Organization and Employees.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-424, Secs. 3(b)(2), 5(b)(2),

designated existing provisions as par. (1), substituted "(d), and

(f)" for "and (e)" in first sentence, and added par. (2).

Subsec. (c). Pub. L. 106-424, Sec. 5(a)(1), struck out "Voice"

after "Cockpit" in heading.

Subsec. (c)(1). Pub. L. 106-424, Sec. 5(a)(2), (3), substituted

"cockpit voice or video recorder" for "cockpit voice recorder" in

first sentence and inserted "or any written depiction of visual

information" after "transcript" in second sentence.

Subsec. (c)(2). Pub. L. 106-424, Sec. 5(a)(2), substituted

"cockpit voice or video recorder" for "cockpit voice recorder".

Subsec. (d). Pub. L. 106-424, Sec. 5(b)(1)(B), which directed the

addition of subsec. (d) after subsec. (e), was executed by adding

subsec. (d) before subsec. (e) to reflect the probable intent of

Congress. Former subsec. (d) redesignated (e).

Subsecs. (e), (f). Pub. L. 106-424, Sec. 5(b)(1)(A), redesignated

subsecs. (d) and (e) as (e) and (f), respectively.

1996 - Subsec. (a). Pub. L. 104-291, Sec. 102(1), substituted

"(b), (c), and (e)" for "(b) and (c)".

Subsec. (b)(3). Pub. L. 104-291, Sec. 103, added par. (3).

Subsec. (e). Pub. L. 104-291, Sec. 102(2), added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1154 of this title.

-End-

-CITE-

49 USC Sec. 1115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1115. Training

-STATUTE-

(a) Definition. - In this section, "Institute" means the

Transportation Safety Institute of the Department of Transportation

and any successor organization of the Institute.

(b) Use of Institute Services. - The National Transportation

Safety Board may use, on a reimbursable basis, the services of the

Institute. The Secretary of Transportation shall make the Institute

available to -

(1) the Board for safety training of employees of the Board in

carrying out their duties and powers; and

(2) other safety personnel of the United States Government,

State and local governments, governments of foreign countries,

interstate authorities, and private organizations the Board

designates in consultation with the Secretary.

(c) Fees. - (1) Training at the Institute for safety personnel

(except employees of the Government) shall be provided at a

reasonable fee established periodically by the Board in

consultation with the Secretary. The fee shall be paid directly to

the Secretary, and the Secretary shall deposit the fee in the

Treasury. The amount of the fee -

(A) shall be credited to the appropriate appropriation (subject

to the requirements of any annual appropriation); and

(B) is an offset against any annual reimbursement agreement

between the Board and the Secretary to cover all reasonable costs

of providing training under this subsection that the Secretary

incurs in operating the Institute.

(2) The Board shall maintain an annual record of offsets under

paragraph (1)(B) of this subsection.

(d) Training of board employees and others. - The Board may

conduct training of its employees in those subjects necessary for

the proper performance of accident investigation. The Board may

also authorize attendance at courses given under this subsection by

other government personnel, personnel of foreign governments, and

personnel from industry or otherwise who have a requirement for

accident investigation training. The Board may require non-Board

personnel to reimburse some or all of the training costs, and

amounts so reimbursed shall be credited to the appropriation of the

Board as offsetting collections.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 750; Pub. L.

104-291, title I, Sec. 104, Oct. 11, 1996, 110 Stat. 3453; Pub. L.

106-424, Sec. 3(b)(3), Nov. 1, 2000, 114 Stat. 1884.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1115(a) (no source).

1115(b) 49 App.:1903(b)(10) Jan. 3, 1975, Pub. L.

(1st, 2d sentences). 93-633, Sec. 304(b)(10), 88

Stat. 2156; added July 19,

1988, Pub. L. 100-372, Sec.

4, 102 Stat. 876.

1115(c) 49 App.:1903(b)(10)

(3d-last sentences).

--------------------------------------------------------------------

In subsections (b) and (c), the words "or successor organization"

are omitted as unnecessary because of subsection (a) of this

section.

In subsection (b), before clause (1), the words "(established for

the purpose of developing courses and conducting training in safety

and security for all modes of transportation)" are omitted as

surplus. In clause (1), the words "carrying out their duties and

powers" are substituted for "in the performance of all of their

authorized functions" for consistency in the revised title and with

other titles of the United States Code. In clause (2), the words

"of the United States Government, State and local governments,

governments of foreign countries, interstate authorities, and

private organizations" are substituted for "of Federal, interstate,

State, local, and foreign governments and non-governmental

organizations" for clarity and consistency in the revised title and

with other titles of the Code.

In subsection (c)(1), before clause (A), the words "the Secretary

shall deposit the fee in the Treasury" are added for clarity. In

clause (B), the words "direct and indirect" are omitted as surplus.

The word "administration" is omitted as being included in

"operating". The text of 49 App.:1903(b)(10) (last sentence) is

omitted because 5:ch. 41 applies to the National Transportation

Safety Board by its own terms.

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-424 substituted "of the Board"

for "of the 'National Transportation Safety Board, Salaries and

Expenses' ".

1996 - Subsec. (d). Pub. L. 104-291 added subsec. (d).

-End-

-CITE-

49 USC Sec. 1116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1116. Reports and studies

-STATUTE-

(a) Periodic Reports. - The National Transportation Safety Board

shall report periodically to Congress, departments, agencies, and

instrumentalities of the United States Government and State and

local governmental authorities concerned with transportation

safety, and other interested persons. The report shall -

(1) advocate meaningful responses to reduce the likelihood of

transportation accidents similar to those investigated by the

Board; and

(2) propose corrective action to make the transportation of

individuals as safe and free from risk of injury as possible,

including action to minimize personal injuries that occur in

transportation accidents.

(b) Studies, Investigations, and Other Reports. - The Board also

shall -

(1) carry out special studies and investigations about

transportation safety, including avoiding personal injury;

(2) examine techniques and methods of accident investigation

and periodically publish recommended procedures for accident

investigations;

(3) prescribe requirements for persons reporting accidents and

aviation incidents that -

(A) may be investigated by the Board under this chapter; or

(B) involve public aircraft (except aircraft of the armed

forces and the intelligence agencies);

(4) evaluate, examine the effectiveness of, and publish the

findings of the Board about the transportation safety

consciousness of other departments, agencies, and

instrumentalities of the Government and their effectiveness in

preventing accidents; and

(5) evaluate the adequacy of safeguards and procedures for the

transportation of hazardous material and the performance of other

departments, agencies, and instrumentalities of the Government

responsible for the safe transportation of that material.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 751.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1116(a) 49 App.:1441(a)(3), Aug. 23, 1958, Pub. L.

(5) (related to 85-726, Sec. 701(a)(3),

reducing accidents). (5), 72 Stat. 781.

49 App.:1655(c)(1). Oct. 15, 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.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A), 93-633, Sec. 304(a)(1)(A),

(3). (3)-(5), (7), (8), 88 Stat.

2168, 2169.

1116(b)(1) 49 App.:1441(a)(5)

(related to

studies).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A),

(4).

1116(b) 49 App.:1903(a)(5).

(2)-(5)

49 App.:1903(a)(6). Jan. 3, 1975, Pub. L.

93-633, Sec. 304(a)(6), 88

Stat. 2169; Nov. 3, 1981,

Pub. L. 97-74, Sec. 4, 95

Stat. 1065; Dec. 30, 1987,

Pub. L. 100-223, Sec.

311(a), 101 Stat. 1528.

49 App.:1903(a)(7),

(8).

--------------------------------------------------------------------

In subsection (a)(1), the word "recommending" is omitted as being

included in "advocate" in 49 App.:1903(a)(3). The word "recurrence"

is omitted as surplus. The text of 49 App.:1441(a)(3) and (5)

(related to reducing accidents) is omitted as superseded by 49

App.:1903(a)(3).

In subsection (b)(1), the words "carry out" are substituted for

"initiate and conduct" in 49 App.:1903(a)(4) for consistency in the

revised title and with other titles of the United States Code. The

text of 49 App.:1441(a)(5) (related to studies) is omitted as

superseded by 49 App.:1903(a)(4).

In subsection (b)(2), the word "examine" is substituted for

"assess and reassess" for clarity. The words "prepare and" are

omitted as surplus.

In subsection (b)(3), the words "by regulation" are omitted as

unnecessary because of section 1113(f) of the revised title.

In subsection (b)(4), the word "effectiveness" is substituted for

"efficacy" for clarity.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1131 of this title.

-End-

-CITE-

49 USC Sec. 1117 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1117. Annual report

-STATUTE-

The National Transportation Safety Board shall submit a report to

Congress on July 1 of each year. The report shall include -

(1) a statistical and analytical summary of the transportation

accident investigations conducted and reviewed by the Board

during the prior calendar year;

(2) a survey and summary of the recommendations made by the

Board to reduce the likelihood of recurrence of those accidents

together with the observed response to each recommendation; and

(3) a detailed appraisal of the accident investigation and

accident prevention activities of other departments, agencies,

and instrumentalities of the United States Government and State

and local governmental authorities having responsibility for

those activities under a law of the United States or a State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 751; Pub. L.

104-66, title II, Sec. 2151, Dec. 21, 1995, 109 Stat. 731.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1117 49 App.:1904. Jan. 3, 1975, Pub. L.

93-633, Sec. 305, 88 Stat.

2171.

--------------------------------------------------------------------

In this section, before clause (1), the words "but need not be

limited to" are omitted as surplus. In clause (2), the words "in

such detail as the Board deems advisable" are omitted as surplus.

In clause (3), the words "departments, agencies, and

instrumentalities of the United States Government and State and

local governmental authorities" are substituted for "other

government agencies" for clarity and consistency in the revised

title and with other titles of the United States Code. The words

"for those activities" are substituted for "in this field" for

clarity. In clause (4), the word "evaluation" is substituted for

"appraisal and evaluation and review" because it is inclusive.

AMENDMENTS

1995 - Par. (4). Pub. L. 104-66 struck out par. (4) which read as

follows: "an evaluation conducted every 2 years of transportation

safety and recommendations for legislative and administrative

action and change."

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions of law

requiring submittal to Congress of any annual, semiannual, or other

regular periodic report listed in House Document No. 103-7 (in

which the 9th item on page 185 identifies a reporting provision

which, as subsequently amended, is contained in this section), see

section 3003 of Pub. L. 104-66, as amended, set out as a note under

section 1113 of Title 31, Money and Finance.

-End-

-CITE-

49 USC Sec. 1118 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1118. Authorization of appropriations

-STATUTE-

(a) In General. - There are authorized to be appropriated for the

purposes of this chapter $57,000,000 for fiscal year 2000,

$65,000,000 for fiscal year 2001, and $72,000,000 for fiscal year

2002, such sums to remain available until expended.

(b) Emergency Fund. - The Board has an emergency fund of

$2,000,000 available for necessary expenses of the Board, not

otherwise provided for, for accident investigations. Amounts equal

to the amounts expended annually out of the fund are authorized to

be appropriated to the emergency fund.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 752; Pub. L.

103-411, Sec. 2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104-291,

title I, Sec. 105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106-424,

Sec. 13, Nov. 1, 2000, 114 Stat. 1888.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1118(a) 49 App.:1907(a) Jan. 3, 1975, Pub. L.

(1st-6th, last 93-633, Sec. 309(a), 88

sentences). Stat. 2173; Oct. 11, 1976,

Pub. L. 94-481, 90 Stat.

2080; Sept. 11, 1978, Pub.

L. 95-363, Sec. 2, 92 Stat.

597; Nov. 3, 1981, Pub. L.

97-74, Sec. 2, 95 Stat.

1065; June 6, 1983, Pub. L.

98-37, 97 Stat. 204; July

19, 1988, Pub. L. 100-372,

Sec. 2, 102 Stat. 876; Nov.

28, 1990, Pub. L. 101-641,

Sec. 2, 104 Stat. 4654.

1118(b) 49 App.:1907(b) Jan. 3, 1975, Pub. L.

(1st, 2d sentences). 93-633, 88 Stat. 2156, Sec.

309(b); added July 19, 1988,

Pub. L. 100-372, Sec. 2(b),

102 Stat. 876.

1118(c) 49 App.:1907(a)

(7th sentence), (b)

(last sentence).

--------------------------------------------------------------------

In subsection (a), the words "to the National Transportation

Safety Board" are added for clarity and consistency in the revised

title. References to the fiscal years ending June 30, 1975, through

September 30, 1992, are omitted as obsolete.

In subsection (b)(2), the words "amounts equal to amounts

expended annually out of the fund" are substituted for "to

replenish the fund annually" for clarity.

AMENDMENTS

2000 - Pub. L. 106-424 amended section catchline and text

generally. Prior to amendment, text read as follows:

"(a) In General. - There is authorized to be appropriated for the

purposes of this chapter $37,580,000 for fiscal year 1994,

$44,000,000 for fiscal year 1995, $45,100,000 for fiscal year 1996,

$42,400,00 for fiscal year 1997, $44,400,000 for fiscal year 1998,

and $46,600,000 for fiscal year 1999. Such sums shall remain

available until expended.

"(b) Emergency Fund. - The Board has an emergency fund of

$1,000,000 available for necessary expenses of the Board, not

otherwise provided for, for accident investigations. The following

amounts may be appropriated to the fund:

"(1) $1,000,000 to establish the fund.

"(2) amounts equal to amounts expended annually out of the

fund.

"(c) Availability of Amounts. - Amounts appropriated under this

section remain available until expended."

1996 - Subsec. (a). Pub. L. 104-291 struck out "and" after

"1995," and inserted ", $42,400,00 for fiscal year 1997,

$44,400,000 for fiscal year 1998, and $46,600,000 for fiscal year

1999." before period at end of first sentence.

1994 - Subsec. (a). Pub. L. 103-411 reenacted heading without

change and amended text generally. Prior to amendment, text read as

follows: "Not more than $38,800,000 may be appropriated to the

National Transportation Safety Board for the fiscal year ending

September 30, 1993, to carry out this chapter."

-End-

-CITE-

49 USC Sec. 1119 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER II - ORGANIZATION AND ADMINISTRATIVE

-HEAD-

Sec. 1119. Accident and safety data classification and publication

-STATUTE-

(a) In General. - Not later than 90 days after the date of the

enactment of this section, the National Transportation Safety Board

shall, in consultation and coordination with the Administrator of

the Federal Aviation Administration, develop a system for

classifying air carrier accident data maintained by the Board.

(b) Requirements for Classification System. -

(1) In general. - The system developed under this section shall

provide for the classification of accident and safety data in a

manner that, in comparison to the system in effect on the date of

the enactment of this section, provides for safety-related

categories that provide clearer descriptions of accidents

associated with air transportation, including a more refined

classification of accidents which involve fatalities, injuries,

or substantial damage and which are only related to the operation

of an aircraft.

(2) Public comment. - In developing a system of classification

under paragraph (1), the Board shall provide adequate opportunity

for public review and comment.

(3) Final classification. - After providing for public review

and comment, and after consulting with the Administrator, the

Board shall issue final classifications. The Board shall ensure

that air travel accident covered under this section is classified

in accordance with the final classifications issued under this

section for data for calendar year 1997, and for each subsequent

calendar year.

(4) Publication. - The Board shall publish on a periodic basis

accident and safety data in accordance with the final

classifications issued under paragraph (3).

(5) Recommendations of the administrator. - The Administrator

may, from time to time, request the Board to consider revisions

(including additions to the classification system developed under

this section). The Board shall respond to any request made by the

Administrator under this section not later than 90 days after

receiving that request.

-SOURCE-

(Added Pub. L. 104-264, title IV, Sec. 407(a)(1), Oct. 9, 1996, 110

Stat. 3257.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in

subsecs. (a) and (b)(1), is the date of enactment of Pub. L.

104-264, which was approved Oct. 9, 1996.

-MISC1-

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-End-

-CITE-

49 USC SUBCHAPTER III - AUTHORITY 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

SUBCHAPTER III - AUTHORITY

-End-

-CITE-

49 USC Sec. 1131 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1131. General authority

-STATUTE-

(a) General. - (1) The National Transportation Safety Board shall

investigate or have investigated (in detail the Board prescribes)

and establish the facts, circumstances, and cause or probable cause

of -

(A) an aircraft accident the Board has authority to investigate

under section 1132 of this title or an aircraft accident

involving a public aircraft as defined by section 40102(a)(37) of

this title other than an aircraft operated by the Armed Forces or

by an intelligence agency of the United States;

(B) a highway accident, including a railroad grade crossing

accident, the Board selects in cooperation with a State;

(C) a railroad accident in which there is a fatality or

substantial property damage, or that involves a passenger train;

(D) a pipeline accident in which there is a fatality,

substantial property damage, or significant injury to the

environment;

(E) a major marine casualty (except a casualty involving only

public vessels) occurring on the navigable waters or territorial

sea of the United States, or involving a vessel of the United

States, under regulations prescribed jointly by the Board and the

head of the department in which the Coast Guard is operating; and

(F) any other accident related to the transportation of

individuals or property when the Board decides -

(i) the accident is catastrophic;

(ii) the accident involves problems of a recurring character;

or

(iii) the investigation of the accident would carry out this

chapter.

(2)(A) Subject to the requirements of this paragraph, an

investigation by the Board under paragraph (1)(A)-(D) or (F) of

this subsection has priority over any investigation by another

department, agency, or instrumentality of the United States

Government. The Board shall provide for appropriate participation

by other departments, agencies, or instrumentalities in the

investigation. However, those departments, agencies, or

instrumentalities may not participate in the decision of the Board

about the probable cause of the accident.

(B) If the Attorney General, in consultation with the Chairman of

the Board, determines and notifies the Board that circumstances

reasonably indicate that the accident may have been caused by an

intentional criminal act, the Board shall relinquish investigative

priority to the Federal Bureau of Investigation. The relinquishment

of investigative priority by the Board shall not otherwise affect

the authority of the Board to continue its investigation under this

section.

(C) If a Federal law enforcement agency suspects and notifies the

Board that an accident being investigated by the Board under

subparagraph (A), (B), (C), or (D) of paragraph (1) may have been

caused by an intentional criminal act, the Board, in consultation

with the law enforcement agency, shall take necessary actions to

ensure that evidence of the criminal act is preserved.

(3) This section and sections 1113, 1116(b), 1133, and 1134(a)

and (c)-(e) of this title do not affect the authority of another

department, agency, or instrumentality of the Government to

investigate an accident under applicable law or to obtain

information directly from the parties involved in, and witnesses

to, the accident. The Board and other departments, agencies, and

instrumentalities shall ensure that appropriate information

developed about the accident is exchanged in a timely manner.

(b) Accidents Involving Public Vessels. - (1) The Board or the

head of the department in which the Coast Guard is operating shall

investigate and establish the facts, circumstances, and cause or

probable cause of a marine accident involving a public vessel and

any other vessel. The results of the investigation shall be made

available to the public.

(2) Paragraph (1) of this subsection and subsection (a)(1)(E) of

this section do not affect the responsibility, under another law of

the United States, of the head of the department in which the Coast

Guard is operating.

(c) Accidents Not Involving Government Misfeasance or

Nonfeasance. - (1) When asked by the Board, the Secretary of

Transportation may -

(A) investigate an accident described under subsection (a) or

(b) of this section in which misfeasance or nonfeasance by the

Government has not been alleged; and

(B) report the facts and circumstances of the accident to the

Board.

(2) The Board shall use the report in establishing cause or

probable cause of an accident described under subsection (a) or (b)

of this section.

(d) Accidents Involving Public Aircraft. - The Board, in

furtherance of its investigative duties with respect to public

aircraft accidents under subsection (a)(1)(A) of this section,

shall have the same duties and powers as are specified for civil

aircraft accidents under sections 1132(a), 1132(b), and 1134(a),

(b), (d), and (f) of this title.

(e) Accident Reports. - The Board shall report on the facts and

circumstances of each accident investigated by it under subsection

(a) or (b) of this section. The Board shall make each report

available to the public at reasonable cost.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 752; Pub. L.

103-411, Sec. 3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106-424,

Secs. 6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1131(a)(1) 49 App.:1903(a) Jan. 3, 1975, Pub. L.

(1)(A)-(E) (less 93-633, Sec.

last sentence of 304(a)(1)(A)-(F), 88 Stat.

(E)), (F). 2168; Oct. 24, 1992, Pub.

L. 102-508, Sec. 303, 106

Stat. 3307.

1131(a)(2) 49 App.:1903(a)(1) Jan. 3, 1975, Pub. L.

(2d, 3d sentences). 93-633, Sec. 304(a)(1)

(less (A)-(F)), 88 Stat.

2168; Nov. 3, 1981, Pub. L.

97-74, Sec. 3, 95 Stat.

1065.

1131(a)(3) 49 App.:1903(a)(1)

(4th, 5th

sentences).

1131(b) 49

App.:1903(a)(1)(E)

(last sentence).

1131(c) 49 App.:1441(f). Aug. 23, 1958, Pub. L.

85-726, Sec. 701(a)(4),

(f), 72 Stat. 781.

49 App.:1655(c)(1). Oct. 15, 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.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49

App.:1903(a)(1)(A)

(6th, last

sentences).

1131(d) 49 App.:1441(a)(4).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

49 App.:1903(a)(2). Jan. 3, 1975, Pub. L.

93-633, Sec. 304(a)(2), 88

Stat. 2168; July 19, 1988,

Pub. L. 100-372, Sec. 3(a),

102 Stat. 876.

--------------------------------------------------------------------

In this section, the word "conditions" is omitted as being

included in "circumstances". The words "head of the department in

which the Coast Guard is operating" are substituted for "Secretary

of the department in which the Coast Guard is operating" for

consistency in the revised title and with other titles of the

United States Code.

In subsection (a)(1)(A), the words "the Board has authority to

investigate under section 1132 of this title" are substituted for

"which is within the scope of the functions, powers, and duties

transferred from the Civil Aeronautics Board under section 1655(d)

of this Appendix pursuant to title VII of the Federal Aviation Act

of 1958, as amended [49 App. U.S.C. 1441 et seq.]" because of the

restatement.

In subsection (a)(1)(F), before subclause (i), the word "decides"

is substituted for "in the judgment of" for clarity. The word

"individuals" is substituted for "people" for consistency in the

revised title. In subclause (iii), the words "the investigation of"

are added as being more precise.

In subsection (a)(3), the word "developed" is substituted for

"obtained or developed" to eliminate unnecessary words.

In subsection (b)(2), the word "affect" is substituted for

"eliminate or diminish" for clarity.

In subsection (c), the text of 49 App.:1441(f) is omitted as

superseded by 49 App.:1903(a)(1) (6th, last sentences).

In subsection (d), the words "in writing" in 49 App.:1903(a)(2)

are omitted as surplus. The words "by it" are added for clarity.

The text of 49 App.:1441(a)(4) is omitted as superseded by 49

App.:1903(a)(1)(A) and (2).

AMENDMENTS

2000 - Subsec. (a)(2). Pub. L. 106-424, Sec. 6(a), designated

existing provisions as subpar. (A), substituted "Subject to the

requirements of this paragraph, an investigation" for "An

investigation", and added subpars. (B) and (C).

Subsec. (d). Pub. L. 106-424, Sec. 7, substituted "1134(a), (b),

(d), and (f)" for "1134(b)(2)".

1994 - Subsec. (a)(1)(A). Pub. L. 103-411, Sec. 3(c)(1), inserted

before semicolon at end "or an aircraft accident involving a public

aircraft as defined by section 40102(a)(37) of this title other

than an aircraft operated by the Armed Forces or by an intelligence

agency of the United States".

Subsec. (d), (e). Pub. L. 103-411, Sec. 3(c)(2), added subsec.

(d) and redesignated former subsec. (d) as (e).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 3(d) of Pub. L. 103-411 provided that: "The amendments

made by subsections (a) and (c) [amending this section and section

40102 of this title] shall take effect on the 180th day following

the date of the enactment of this Act [Oct. 25, 1994]."

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-MISC2-

REVISION OF 1977 AGREEMENT

Pub. L. 106-424, Sec. 6(b), Nov. 1, 2000, 114 Stat. 1886,

provided that: "Not later than 1 year after the date of the

enactment of this Act [Nov. 1, 2000], the National Transportation

Safety Board and the Federal Bureau of Investigation shall revise

their 1977 agreement on the investigation of accidents to take into

account the amendments made by this Act [see Short Title of 2000

Amendment note set out under section 1101 of this title]."

MEMORANDUM OF UNDERSTANDING

Pub. L. 106-424, Sec. 8, Nov. 1, 2000, 114 Stat. 1886, provided

that: "Not later than 1 year after the date of the enactment of

this Act [Nov. 1, 2000], the National Transportation Safety Board

and the United States Coast Guard shall revise their Memorandum of

Understanding governing major marine accidents -

"(1) to redefine or clarify the standards used to determine

when the National Transportation Safety Board will lead an

investigation; and

"(2) to develop new standards to determine when a major marine

accident involves significant safety issues relating to Coast

Guard safety functions."

-EXEC-

TERRITORIAL SEA OF UNITED STATES

For extension of territorial sea of United States, see Proc. No.

5928, set out as a note under section 1331 of Title 43, Public

Lands.

-End-

-CITE-

49 USC Sec. 1132 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1132. Civil aircraft accident investigations

-STATUTE-

(a) General Authority. - (1) The National Transportation Safety

Board shall investigate -

(A) each accident involving civil aircraft; and

(B) with the participation of appropriate military authorities,

each accident involving both military and civil aircraft.

(2) A person employed under section 1113(b)(1) of this title that

is conducting an investigation or hearing about an aircraft

accident has the same authority to conduct the investigation or

hearing as the Board.

(b) Notification and Reporting. - The Board shall prescribe

regulations governing the notification and reporting of accidents

involving civil aircraft.

(c) Participation of Secretary. - The Board shall provide for the

participation of the Secretary of Transportation in the

investigation of an aircraft accident under this chapter when

participation is necessary to carry out the duties and powers of

the Secretary. However, the Secretary may not participate in

establishing probable cause.

(d) Accidents Involving Only Military Aircraft. - If an accident

involves only military aircraft and a duty of the Secretary is or

may be involved, the military authorities shall provide for the

participation of the Secretary. In any other accident involving

only military aircraft, the military authorities shall give the

Board or Secretary information the military authorities decide

would contribute to the promotion of air safety.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 753.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1132(a)(1) 49 App.:1441(a)(2). Aug. 23, 1958, Pub. L.

85-726, Secs. 701(a)(1),

(2), (c) (1st sentence),

(g), 702, 72 Stat. 781, 782.

49 App.:1442(a).

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

88 Stat. 2168.

1132(a)(2) 49 App.:1441(c)

(1st sentence).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1132(b) 49 App.:1441(a)(1).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1132(c) 49 App.:1441(g).

49 App.:1655(c)(1). Oct. 15, 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.

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1132(d) 49 App.:1442(b),

(c).

49 App.:1655(c)(1),

(d) (1st sentence).

49

App.:1903(a)(1)(A).

--------------------------------------------------------------------

In subsection (a)(1)(A), the words "and report the facts,

conditions, and circumstances related to each accident and the

probable cause thereof" in 49 App.:1441(a)(2) are omitted as

unnecessary because of section 1131(d) of the revised title.

In subsection (a)(1)(B), the words "provide for" in 49

App.:1442(a) are omitted as surplus.

In subsection (a)(2), the words "any member of the National

Transportation Safety Board or any officer or employee of the

National Transportation Safety Board" in 49 App.:1441(c) are

omitted as unnecessary because of sections 1113 and 1134 of the

revised title.

In subsections (c) and (d), the words "Secretary of

Transportation" and "Secretary" are substituted for "Administrator"

in sections 701(g) and 702(b) and (c) of the Federal Aviation Act

of 1958 (Public Law 85-726, 72 Stat. 782) for consistency. Section

6(c)(1) of the Department of Transportation Act (Public Law 89-670,

80 Stat. 938) transferred all duties and powers of the Federal

Aviation Agency and the Administrator to the Secretary of

Transportation. However, the Secretary was to carry out certain

provisions through the Administrator. In addition, various laws

enacted since then have vested duties and powers in the

Administrator. All provisions of law the Secretary is required to

carry out through the Administrator are included in 49:106(g).

In subsection (c), the words "and his representatives" in 49

App.:1441(g) are omitted because of 49:322(b). The words "when

participation is necessary to carry out the duties and powers" are

substituted for "In order to assure the proper discharge . . . of

his duties and responsibilities" to eliminate unnecessary words.

The words "or his representatives" are omitted because of

49:322(b).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 106, 1131, 1151, 1152,

1155 of this title.

-End-

-CITE-

49 USC Sec. 1133 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1133. Review of other agency action

-STATUTE-

The National Transportation Safety Board shall review on appeal -

(1) the denial, amendment, modification, suspension, or

revocation of a certificate issued by the Secretary of

Transportation under section 44703, 44709, or 44710 of this

title;

(2) the revocation of a certificate of registration under

section 44106 of this title;

(3) a decision of the head of the department in which the Coast

Guard is operating on an appeal from the decision of an

administrative law judge denying, revoking, or suspending a

license, certificate, document, or register in a proceeding under

section 6101, 6301, or 7503, chapter 77, or section 9303 of title

46; and

(4) under section 46301(d)(5) of this title, an order imposing

a penalty under section 46301.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 754.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1133(1)-(3) 49 App.:1903(a)(9). Jan. 3, 1975, Pub. L.

93-633, Sec. 304(a)(9), 88

Stat. 2169; Oct. 19, 1984,

Pub. L. 98-499, Sec. 4(b),

98 Stat. 2315.

1133(4) (no source).

--------------------------------------------------------------------

In clause (1), the word "certificate" is substituted for

"operating certificate" for consistency in the revised title. The

words "or license" are omitted as unnecessary because only

certificates are issued under the sections cited in this section.

In clause (3), the words "head of the department in which the

Coast Guard is operating" are substituted for "Commandant of the

Coast Guard" for consistency with 14:5 and 46:2101(34).

Clause (4) is added to reflect all the appellate responsibilities

of the National Transportation Safety Board.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1131 of this title.

-End-

-CITE-

49 USC Sec. 1134 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1134. Inspections and autopsies

-STATUTE-

(a) Entry and Inspection. - An officer or employee of the

National Transportation Safety Board -

(1) on display of appropriate credentials and written notice of

inspection authority, may enter property where a transportation

accident has occurred or wreckage from the accident is located

and do anything necessary to conduct an investigation; and

(2) during reasonable hours, may inspect any record, process,

control, or facility related to an accident investigation under

this chapter.

(b) Inspection, Testing, Preservation, and Moving of Aircraft and

Parts. - (1) In investigating an aircraft accident under this

chapter, the Board may inspect and test, to the extent necessary,

any civil aircraft, aircraft engine, propeller, appliance, or

property on an aircraft involved in an accident in air commerce.

(2) Any civil aircraft, aircraft engine, propeller, appliance, or

property on an aircraft involved in an accident in air commerce

shall be preserved, and may be moved, only as provided by

regulations of the Board.

(c) Avoiding Unnecessary Interference and Preserving Evidence. -

In carrying out subsection (a)(1) of this section, an officer or

employee may examine or test any vehicle, vessel, rolling stock,

track, or pipeline component. The examination or test shall be

conducted in a way that -

(1) does not interfere unnecessarily with transportation

services provided by the owner or operator of the vehicle,

vessel, rolling stock, track, or pipeline component; and

(2) to the maximum extent feasible, preserves evidence related

to the accident, consistent with the needs of the investigation

and with the cooperation of that owner or operator.

(d) Exclusive Authority of Board. - Only the Board has the

authority to decide on the way in which testing under this section

will be conducted, including decisions on the person that will

conduct the test, the type of test that will be conducted, and any

individual who will witness the test. Those decisions are committed

to the discretion of the Board. The Board shall make any of those

decisions based on the needs of the investigation being conducted

and, when applicable, subsections (a), (c), and (e) of this

section.

(e) Promptness of Tests and Availability of Results. - An

inspection, examination, or test under subsection (a) or (c) of

this section shall be started and completed promptly, and the

results shall be made available.

(f) Autopsies. - (1) The Board may order an autopsy to be

performed and have other tests made when necessary to investigate

an accident under this chapter. However, local law protecting

religious beliefs related to autopsies shall be observed to the

extent consistent with the needs of the accident investigation.

(2) With or without reimbursement, the Board may obtain a copy of

an autopsy report performed by a State or local official on an

individual who died because of a transportation accident

investigated by the Board under this chapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 754.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1134(a) 49 App.:1903(b)(2) Jan. 3, 1975, Pub. L.

(1st sentence words 93-633, Sec. 304(b)(2), 88

before 3d comma, 3d Stat. 2170; Nov. 3, 1981,

sentence). Pub. L. 97-74, Sec. 5, 95

Stat. 1065; Nov. 28, 1990,

Pub. L. 101-641, Sec. 3,

104 Stat. 4654.

1134(b) 49 App.:1441(c) (2d Aug. 23, 1958, Pub. L.

sentence), (d). 85-726, Sec. 701(c) (2d,

last sentences), (d), 72

Stat. 781; Oct. 15, 1962,

Pub. L. 87-810, Secs. 1, 2,

76 Stat. 921.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

(b)(5), 88 Stat. 2168, 2170.

1134(c) 49 App.:1903(b)(2)

(1st sentence words

after 3d comma, 2d

sentence).

1134(d) 49 App.:1903(b)(2)

(5th, last

sentences).

1134(e) 49 App.:1903(b)(2)

(4th sentence).

1134(f) 49 App.:1441(c)

(last sentence).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A),

(b)(5).

--------------------------------------------------------------------

In subsection (a), before clause (1), the word "officer" is added

for consistency in the revised title.

In subsection (b)(1), the words "investigating an aircraft

accident" are substituted for "carrying out its duties" in 49

App.:1441(c) for clarity. The words "inspect and test" are

substituted for "examine and test" for consistency in the revised

title and with other titles of the United States Code.

In subsection (c), before clause (1), the words "In carrying out

subsection (a)(1) of this section, an officer or employee" are

added because of the restatement. The words "or any part of any

such item" are omitted as surplus. The words "when such examination

or testing is determined to be required for purposes of such

investigation" are omitted as unnecessary because of the words "do

anything necessary to conduct an investigation" in subsection

(a)(1) of this section. In clause (1), the word "obstruct" is

omitted as being included in "interfere".

In subsection (d), the word "individuals" is substituted for

"persons" the 2d time that word is used for clarity. The words "The

Board shall make any of those decisions" are substituted for "and

shall be made" because of the restatement.

In subsection (e), the word "promptly" is substituted for "with

reasonable promptness" to eliminate unnecessary words.

In subsection (f)(1), the words "In the case of any fatal

accident" in 49 App.:1441(c) are omitted as surplus. The words "to

examine the remains of any deceased person aboard the aircraft at

the time of the accident, who dies as a result of the accident" are

omitted as unnecessary because of the authority of the Board to

conduct autopsies.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1131, 1151, 1152, 1155 of

this title.

-End-

-CITE-

49 USC Sec. 1135 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1135. Secretary of Transportation's responses to safety

recommendations

-STATUTE-

(a) General. - When the National Transportation Safety Board

submits a recommendation about transportation safety to the

Secretary of Transportation, the Secretary shall give a formal

written response to each recommendation not later than 90 days

after receiving the recommendation. The response shall indicate

whether the Secretary intends -

(1) to carry out procedures to adopt the complete

recommendation;

(2) to carry out procedures to adopt a part of the

recommendation; or

(3) to refuse to carry out procedures to adopt the

recommendation.

(b) Timetable for Completing Procedures and Reasons for Refusals.

- A response under subsection (a)(1) or (2) of this section shall

include a copy of a proposed timetable for completing the

procedures. A response under subsection (a)(2) of this section

shall detail the reasons for the refusal to carry out procedures on

the remainder of the recommendation. A response under subsection

(a)(3) of this section shall detail the reasons for the refusal to

carry out procedures.

(c) Public Availability. - The Board shall make a copy of each

recommendation and response available to the public at reasonable

cost.

(d) Reports to Congress. - The Secretary shall submit to Congress

on January 1 of each year a report containing each recommendation

on transportation safety made by the Board to the Secretary during

the prior year and a copy of the Secretary's response to each

recommendation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 755.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1135(a), 49 App.:1906(a) Jan. 3, 1975, Pub. L.

(b) (less last 93-633, Sec. 307(a), 88

sentence). Stat. 2172; Nov. 3, 1981,

Pub. L. 97-74, Sec. 6, 95

Stat. 1066; July 19, 1988,

Pub. L. 100-372, Sec. 3(b),

102 Stat. 876.

1135(c) 49 App.:1906(a)

(last sentence).

1135(d) 49 App.:1906(b). Jan. 3, 1975, Pub. L.

93-633, 88 Stat. 2156, Sec.

307(b); added Nov. 3, 1981,

Pub. L. 97-74, Sec. 6, 95

Stat. 1066.

--------------------------------------------------------------------

In subsections (a) and (b), the words "carry out" are substituted

for "initiate and conduct" for consistency in the revised title and

with other titles of the United States Code.

In subsection (a)(1), the word "complete" is substituted for "in

full" for consistency in the revised title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of reporting provisions

in subsec. (d) of this section, see section 3003 of Pub. L. 104-66,

as amended, set out as a note under section 1113 of Title 31, Money

and Finance, and the 4th item on page 138 of House Document No.

103-7.

NTSB SAFETY RECOMMENDATIONS

Pub. L. 107-355, Sec. 19, Dec. 17, 2002, 116 Stat. 3009, provided

that:

"(a) In General. - The Secretary of Transportation, the

Administrator of Research and Special Program Administration, and

the Director of the Office of Pipeline Safety shall fully comply

with section 1135 of title 49, United States Code, to ensure timely

responsiveness to National Transportation Safety Board

recommendations about pipeline safety.

"(b) Public Availability. - The Secretary, Administrator, or

Director, respectively, shall make a copy of each recommendation on

pipeline safety and response, as described in subsections (a) and

(b) of section 1135, title 49, United States Code.

"(c) Reports to Congress. - The Secretary, Administrator, or

Director, respectively, shall submit to Congress by January 1 of

each year a report containing each recommendation on pipeline

safety made by the Board during the prior year and a copy of the

response to each such recommendation."

-End-

-CITE-

49 USC Sec. 1136 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1136. Assistance to families of passengers involved in

aircraft accidents

-STATUTE-

(a) In General. - As soon as practicable after being notified of

an aircraft accident within the United States involving an air

carrier or foreign air carrier and resulting in a major loss of

life, the Chairman of the National Transportation Safety Board

shall -

(1) designate and publicize the name and phone number of a

director of family support services who shall be an employee of

the Board and shall be responsible for acting as a point of

contact within the Federal Government for the families of

passengers involved in the accident and a liaison between the air

carrier or foreign air carrier and the families; and

(2) designate an independent nonprofit organization, with

experience in disasters and posttrauma communication with

families, which shall have primary responsibility for

coordinating the emotional care and support of the families of

passengers involved in the accident.

(b) Responsibilities of the Board. - The Board shall have primary

Federal responsibility for facilitating the recovery and

identification of fatally-injured passengers involved in an

accident described in subsection (a).

(c) Responsibilities of Designated Organization. - The

organization designated for an accident under subsection (a)(2)

shall have the following responsibilities with respect to the

families of passengers involved in the accident:

(1) To provide mental health and counseling services, in

coordination with the disaster response team of the air carrier

or foreign air carrier involved.

(2) To take such actions as may be necessary to provide an

environment in which the families may grieve in private.

(3) To meet with the families who have traveled to the location

of the accident, to contact the families unable to travel to such

location, and to contact all affected families periodically

thereafter until such time as the organization, in consultation

with the director of family support services designated for the

accident under subsection (a)(1), determines that further

assistance is no longer needed.

(4) To communicate with the families as to the roles of the

organization, government agencies, and the air carrier or foreign

air carrier involved with respect to the accident and the

post-accident activities.

(5) To arrange a suitable memorial service, in consultation

with the families.

(d) Passenger Lists. -

(1) Requests for passenger lists. -

(A) Requests by director of family support services. - It

shall be the responsibility of the director of family support

services designated for an accident under subsection (a)(1) to

request, as soon as practicable, from the air carrier or

foreign air carrier involved in the accident a list, which is

based on the best available information at the time of the

request, of the names of the passengers that were aboard the

aircraft involved in the accident.

(B) Requests by designated organization. - The organization

designated for an accident under subsection (a)(2) may request

from the air carrier or foreign air carrier involved in the

accident a list described in subparagraph (A).

(2) Use of information. - The director of family support

services and the organization may not release to any person

information on a list obtained under paragraph (1) but may

provide information on the list about a passenger to the family

of the passenger to the extent that the director of family

support services or the organization considers appropriate.

(e) Continuing Responsibilities of the Board. - In the course of

its investigation of an accident described in subsection (a), the

Board shall, to the maximum extent practicable, ensure that the

families of passengers involved in the accident -

(1) are briefed, prior to any public briefing, about the

accident, its causes, and any other findings from the

investigation; and

(2) are individually informed of and allowed to attend any

public hearings and meetings of the Board about the accident.

(f) Use of Air Carrier Resources. - To the extent practicable,

the organization designated for an accident under subsection (a)(2)

shall coordinate its activities with the air carrier or foreign air

carrier involved in the accident so that the resources of the

carrier can be used to the greatest extent possible to carry out

the organization's responsibilities under this section.

(g) Prohibited Actions. -

(1) Actions to impede the board. - No person (including a State

or political subdivision) may impede the ability of the Board

(including the director of family support services designated for

an accident under subsection (a)(1)), or an organization

designated for an accident under subsection (a)(2), to carry out

its responsibilities under this section or the ability of the

families of passengers involved in the accident to have contact

with one another.

(2) Unsolicited communications. - In the event of an accident

involving an air carrier providing interstate or foreign air

transportation and in the event of an accident involving a

foreign air carrier that occurs within the United States, no

unsolicited communication concerning a potential action for

personal injury or wrongful death may be made by an attorney

(including any associate, agent, employee, or other

representative of an attorney) or any potential party to the

litigation to an individual injured in the accident, or to a

relative of an individual involved in the accident, before the

45th day following the date of the accident.

(3) Prohibition on actions to prevent mental health and

counseling services. - No State or political subdivision thereof

may prevent the employees, agents, or volunteers of an

organization designated for an accident under subsection (a)(2)

from providing mental health and counseling services under

subsection (c)(1) in the 30-day period beginning on the date of

the accident. The director of family support services designated

for the accident under subsection (a)(1) may extend such period

for not to exceed an additional 30 days if the director

determines that the extension is necessary to meet the needs of

the families and if State and local authorities are notified of

the determination.

(h) Definitions. - In this section, the following definitions

apply:

(1) Aircraft accident. - The term "aircraft accident" means any

aviation disaster regardless of its cause or suspected cause.

(2) Passenger. - The term "passenger" includes -

(A) an employee of an air carrier or foreign air carrier

aboard an aircraft; and

(B) any other person aboard the aircraft without regard to

whether the person paid for the transportation, occupied a

seat, or held a reservation for the flight.

(i) Statutory Construction. - Nothing in this section may be

construed as limiting the actions that an air carrier may take, or

the obligations that an air carrier may have, in providing

assistance to the families of passengers involved in an aircraft

accident.

-SOURCE-

(Added Pub. L. 104-264, title VII, Sec. 702(a)(1), Oct. 9, 1996,

110 Stat. 3265; amended Pub. L. 106-181, title IV, Sec. 401(a)(1),

(b)-(d), Apr. 5, 2000, 114 Stat. 129.)

-MISC1-

AMENDMENTS

2000 - Subsec. (g)(2). Pub. L. 106-181, Sec. 401(a)(1),

substituted "transportation and in the event of an accident

involving a foreign air carrier that occurs within the United

States," for "transportation,", inserted "(including any associate,

agent, employee, or other representative of an attorney)" after

"attorney", and substituted "45th day" for "30th day".

Subsec. (g)(3). Pub. L. 106-181, Sec. 401(b), added par. (3).

Subsec. (h)(2). Pub. L. 106-181, Sec. 401(c), amended heading and

text generally. Prior to amendment, text read as follows: "The term

'passenger' includes an employee of an air carrier aboard an

aircraft."

Subsec. (i). Pub. L. 106-181, Sec. 401(d), added subsec. (i).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1155, 41113, 41313

of this title.

-End-

-CITE-

49 USC Sec. 1137 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER III - AUTHORITY

-HEAD-

Sec. 1137. Authority of the Inspector General

-STATUTE-

(a) In General. - The Inspector General of the Department of

Transportation, in accordance with the mission of the Inspector

General to prevent and detect fraud and abuse, shall have authority

to review only the financial management, property management, and

business operations of the National Transportation Safety Board,

including internal accounting and administrative control systems,

to determine compliance with applicable Federal laws, rules, and

regulations.

(b) Duties. - In carrying out this section, the Inspector General

shall -

(1) keep the Chairman of the Board and Congress fully and

currently informed about problems relating to administration of

the internal accounting and administrative control systems of the

Board;

(2) issue findings and recommendations for actions to address

such problems; and

(3) report periodically to Congress on any progress made in

implementing actions to address such problems.

(c) Access to Information. - In carrying out this section, the

Inspector General may exercise authorities granted to the Inspector

General under subsections (a) and (b) of section 6 of the Inspector

General Act of 1978 (5 U.S.C. App.).

(d) Reimbursement. - The Inspector General shall be reimbursed by

the Board for the costs associated with carrying out activities

under this section.

-SOURCE-

(Added Pub. L. 106-424, Sec. 12(a), Nov. 1, 2000, 114 Stat. 1887.)

-REFTEXT-

REFERENCES IN TEXT

Section 6 of the Inspector General Act of 1978, referred to in

subsec. (c), is section 6 of Pub. L. 95-452, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-End-

-CITE-

49 USC SUBCHAPTER IV - ENFORCEMENT AND PENALTIES 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-End-

-CITE-

49 USC Sec. 1151 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

Sec. 1151. Aviation enforcement

-STATUTE-

(a) Civil Actions by Board. - The National Transportation Safety

Board may bring a civil action in a district court of the United

States against a person to enforce section 1132, 1134(b) or (f)(1)

(related to an aircraft accident), 1136(g)(2), or 1155(a) of this

title or a regulation prescribed or order issued under any of those

sections. An action under this subsection may be brought in the

judicial district in which the person does business or the

violation occurred.

(b) Civil Actions by Attorney General. - On request of the Board,

the Attorney General may bring a civil action in an appropriate

court -

(1) to enforce section 1132, 1134(b) or (f)(1) (related to an

aircraft accident), 1136(g)(2), or 1155(a) of this title or a

regulation prescribed or order issued under any of those

sections; and

(2) to prosecute a person violating those sections or a

regulation prescribed or order issued under any of those

sections.

(c) Participation of Board. - On request of the Attorney General,

the Board may participate in a civil action to enforce section

1132, 1134(b) or (f)(1) (related to an aircraft accident),

1136(g)(2), or 1155(a) of this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 756; Pub. L.

106-181, title IV, Sec. 401(a)(2), Apr. 5, 2000, 114 Stat. 129.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1151(a) 49 App.:1487(a) Aug. 23, 1958, Pub. L.

(related to CAB). 85-726, Secs. 1007 (related

to CAB), 1008 (related to

CAB), 72 Stat. 796.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

88 Stat. 2168.

1151(b) 49 App.:1487(b)

(related to CAB).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1151(c) 49 App.:1488

(related to CAB).

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

--------------------------------------------------------------------

In this section, the words "section 1132, 1134(b) or (f)(1)

(related to an aircraft accident), or 1155(a) of this title" are

substituted for "issued under this chapter" and "provisions of this

chapter" because those sections restate the relevant provisions of

49 App.:ch. 20 carried out by the National Transportation Safety

Board.

In subsections (a) and (b), the word "rule" is omitted as being

synonymous with "regulation". The word "requirement" is omitted as

being included in "order". The words "or any term, condition, or

limitation of any certificate or permit" are omitted because the

National Transportation Safety Board does not have authority to

issue certificates or permits.

In subsection (a), the words "their duly authorized agents" are

omitted as surplus. The words "may bring a civil action" are

substituted for "may apply" in 49 App.:1487(a) for consistency with

rule 2 of the Federal Rules of Civil Procedure (28 App. U.S.C.).

The words "An action under this subsection may be brought in the

judicial district in which" are substituted for "for any district

wherein" for clarity. The text of 49 App.:1487(a) (words after

semicolon) is omitted as unnecessary because of rule 81(b) of the

Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (b), before clause (1), the words "Attorney

General" are substituted for "any district attorney of the United

States" in 49 App.:1487(b) because of 28:509. The words "to whom

the Board or Secretary of Transportation may apply" are omitted as

surplus. The words "may bring a civil action" are substituted for

"is authorized to institute . . . all necessary proceedings" for

consistency with rule 2 of the Federal Rules of Civil Procedure (28

App. U.S.C.). The words "under the direction of the Attorney

General" are omitted as unnecessary because of 28:516. The text of

49 App.:1487(b) (words after last comma) is omitted as obsolete.

In subsection (c), the words "civil action" are substituted for

"proceeding in court" for consistency with rule 2 of the Federal

Rules of Civil Procedure (28 App. U.S.C.).

AMENDMENTS

2000 - Pub. L. 106-181 inserted "1136(g)(2)," before "or 1155(a)"

in subsecs. (a), (b)(1), and (c).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 1152 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

Sec. 1152. Joinder and intervention in aviation proceedings

-STATUTE-

A person interested in or affected by a matter under

consideration in a proceeding or a civil action to enforce section

1132, 1134(b) or (f)(1) (related to an aircraft accident), or

1155(a) of this title, or a regulation prescribed or order issued

under any of those sections, may be joined as a party or permitted

to intervene in the proceeding or civil action.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 756.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1152 49 App.:1489. Aug. 23, 1958, Pub. L.

85-726, Sec. 1009, 72 Stat.

796.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

88 Stat. 2168.

--------------------------------------------------------------------

The words "civil action" are substituted for "proceedings . . .

begun originally in any court of the United States" for consistency

with rule 2 of the Federal Rules of Civil Procedure (28 App.

U.S.C.). The words "section 1132, 1134(b) or (f)(1) (related to an

aircraft accident), or 1155(a) of this title" are substituted for

"the provisions of this chapter" in 49 App.:1489 because 49

App.:1489 is taken from 49 App.:ch. 20 and the sections in

quotations restate the relevant provisions of 49 App.:ch. 20

carried out by the National Transportation Safety Board. The

remaining relevant provisions of 49 App.:ch. 20 are restated in

part A of subtitle VII of the revised title, and provisions

comparable to this section are included as section 46109 of the

revised title. The word "rule" is omitted as being synonymous with

"regulation". The word "requirement" is omitted as included in

"order". The words "or any term, condition, or limitation of any

certificate or permit" are omitted because the Board does not have

authority to issue certificates or permits. The words "may be

joined as a party or permitted to intervene" are substituted for

"it shall be lawful to include as parties, or to permit the

intervention of" for clarity. The text of 49 App.:1489 (words after

semicolon) is omitted as surplus.

-End-

-CITE-

49 USC Sec. 1153 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

Sec. 1153. Judicial review

-STATUTE-

(a) General. - The appropriate court of appeals of the United

States or the United States Court of Appeals for the District of

Columbia Circuit may review a final order of the National

Transportation Safety Board under this chapter. A person disclosing

a substantial interest in the order may apply for review by filing

a petition not later than 60 days after the order of the Board is

issued.

(b) Persons Seeking Judicial Review of Aviation Matters. - (1) A

person disclosing a substantial interest in an order related to an

aviation matter issued by the Board under this chapter may apply

for review of the order by filing a petition for review in the

United States Court of Appeals for the District of Columbia Circuit

or in the court of appeals of the United States for the circuit in

which the person resides or has its principal place of business.

The petition must be filed not later than 60 days after the order

is issued. The court may allow the petition to be filed after the

60 days only if there was a reasonable ground for not filing within

that 60-day period.

(2) When a petition is filed under paragraph (1) of this

subsection, the clerk of the court immediately shall send a copy of

the petition to the Board. The Board shall file with the court a

record of the proceeding in which the order was issued.

(3) When the petition is sent to the Board, the court has

exclusive jurisdiction to affirm, amend, modify, or set aside any

part of the order and may order the Board to conduct further

proceedings. After reasonable notice to the Board, the court may

grant interim relief by staying the order or taking other

appropriate action when cause for its action exists. Findings of

fact by the Board, if supported by substantial evidence, are

conclusive.

(4) In reviewing an order under this subsection, the court may

consider an objection to an order of the Board only if the

objection was made in the proceeding conducted by the Board or if

there was a reasonable ground for not making the objection in the

proceeding.

(5) A decision by a court under this subsection may be reviewed

only by the Supreme Court under section 1254 of title 28.

(c) Administrator Seeking Judicial Review of Aviation Matters. -

When the Administrator of the Federal Aviation Administration

decides that an order of the Board under section 44709 or

46301(d)(5) of this title will have a significant adverse impact on

carrying out this chapter related to an aviation matter, the

Administrator may obtain judicial review of the order under section

46110 of this title. The Administrator shall be made a party to the

judicial review proceedings. Findings of fact of the Board are

conclusive if supported by substantial evidence.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 756.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1153(a) 49 App.:1655(d) Oct. 15, 1966, Pub. L.

(last sentence). 89-670, Sec. 6(d), 80 Stat.

938.

49 App.:1903(d). Jan. 3, 1975, Pub. L.

93-633, Sec. 304(d), 88

Stat. 2171.

1153(b)(1) 49 App.:1486(a), Aug. 23, 1958, Pub. L.

(b) (as 1486(a), 85-726, Sec. 1006(a), (b),

(b) relates to CAB). (e), (f) (as Sec. 1006(a),

(b), (e), (f) relates to

CAB), 72 Stat. 795.

49 App.:1655(d)

(1st sentence).

1153(b)(2) 49 App.:1486(c) Aug. 23, 1958, Pub. L.

(related to CAB). 85-726, Sec. 1006(c)

(related to CAB), 72 Stat.

795; restated June 29, 1960,

Pub. L. 86-546, Sec. 1, 74

Stat. 255.

49 App.:1655(d)

(1st sentence).

1153(b)(3) 49 App.:1486(d), Aug. 23, 1958, Pub. L.

(e) (1st sentence) 85-726, Sec. 1006(d)

(as 1486(d), (e) (related to CAB), 72 Stat.

(1st sentence) 795; restated Sept. 13,

relates to CAB). 1961, Pub. L. 87-225, Sec.

2, 75 Stat. 497.

49 App.:1655(d)

(1st sentence).

1153(b)(4) 49 App.:1486(e)

(last sentence

related to CAB).

49 App.:1655(d)

(1st sentence).

1153(b)(5) 49 App.:1486(f)

(related to CAB).

49 App.:1655(d)

(1st sentence).

1153(c) 49 App.:1429(a) Aug. 23, 1958, Pub. L.

(8th-last sentences 85-726, Sec. 609(a)

related to (8th-last sentences related

Administrator under to Administrator under title

subch. VII). VII), 72 Stat. 779; Nov. 18,

1971, Pub. L. 92-159, Sec.

2(a), 85 Stat. 481; Aug. 26,

1992, Pub. L. 102-345, Sec.

3(a)(2), 106 Stat. 925.

49 App.:1471(a) Aug. 23, 1958, Pub. L.

(3)(D)(v) (related 85-726, 72 Stat. 731, Sec.

to Administrator 901(a) (3)(D)(v) (related to

under subch. VII). Administrator under title

VII); added Nov. 18, 1988,

Pub. L. 100-690, Sec.

7208(b), 102 Stat. 4429;

restated Aug. 26, 1992, Pub.

L. 102-345, Sec. 2(a), 106

Stat. 923.

49 App.:1655(c)(1). Oct. 15, 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.

--------------------------------------------------------------------

In subsection (a), the text of 49 App.:1903(d) (last sentence) is

omitted as unnecessary because 5:ch. 7 applies by its own terms.

The words "final order" are substituted for "order, affirmative or

negative" in 49 App.:1903(d) and "Decisions of the National

Transportation Safety Board made pursuant to the exercise of the

functions, powers, and duties enumerated in this subsection shall

be administratively final" in 49 App.:1655(d) to eliminate

unnecessary words. The words "is issued" are substituted for "after

the entry" for consistency in the revised title and with other

titles of the United States Code. The text of 49 App.:1655(d) (last

sentence words after last comma) is omitted as unnecessary because

of 49 App.:1903(d).

In subsection (b)(1), the words "affirmative or negative" are

omitted as surplus. The words "related to an aviation matter" are

added because the source provisions being restated only apply to

aviation matters. The words "is issued" are substituted for "the

entry of" for consistency in the revised title and with other

titles of the Code.

In subsection (b)(2), the words "if any" are omitted as surplus.

The words "of the proceeding" are added for clarity. The words

"complained of" and "as provided in section 2112 of title 28" are

omitted as surplus.

In subsection (b)(3), the word "amend" is added for consistency

in the revised title. The word "interim" is substituted for

"interlocutory" for clarity. The words "taking other appropriate

action" are substituted for "by such mandatory or other relief as

may be appropriate" for clarity and to eliminate unnecessary words.

In subsection (b)(4), the words "made in the proceeding conducted

by" are substituted for "urged before" for clarity.

In subsection (c), the source provisions are combined to

eliminate unnecessary words and are restated in this chapter to

alert the reader to the authority of the Administrator of the

Federal Aviation Administration to seek judicial review of an order

of the National Transportation Safety Board under section 44709 or

46301(d) of the revised title that the Administrator decides will

have a significant adverse impact on carrying out source provisions

restated in this chapter that are derived from title VII of the

Federal Aviation Act of 1958 (Public Law 85-726, 72 Stat. 781).

-End-

-CITE-

49 USC Sec. 1154 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

Sec. 1154. Discovery and use of cockpit and surface vehicle

recordings and transcripts

-STATUTE-

(a) Transcripts and Recordings. - (1) Except as provided by this

subsection, a party in a judicial proceeding may not use discovery

to obtain -

(A) any part of a cockpit or surface vehicle recorder

transcript that the National Transportation Safety Board has not

made available to the public under section 1114(c) or 1114(d) of

this title; and

(B) a cockpit or surface vehicle recorder recording.

(2)(A) Except as provided in paragraph (4)(A) of this subsection,

a court may allow discovery by a party of a cockpit or surface

vehicle recorder transcript if, after an in camera review of the

transcript, the court decides that -

(i) the part of the transcript made available to the public

under section 1114(c) or 1114(d) of this title does not provide

the party with sufficient information for the party to receive a

fair trial; and

(ii) discovery of additional parts of the transcript is

necessary to provide the party with sufficient information for

the party to receive a fair trial.

(B) A court may allow discovery, or require production for an in

camera review, of a cockpit or surface vehicle recorder transcript

that the Board has not made available under section 1114(c) or

1114(d) of this title only if the cockpit or surface vehicle

recorder recording is not available.

(3) Except as provided in paragraph (4)(A) of this subsection, a

court may allow discovery by a party of a cockpit or surface

vehicle recorder recording if, after an in camera review of the

recording, the court decides that -

(A) the parts of the transcript made available to the public

under section 1114(c) or 1114(d) of this title and to the party

through discovery under paragraph (2) of this subsection do not

provide the party with sufficient information for the party to

receive a fair trial; and

(B) discovery of the cockpit or surface vehicle recorder

recording is necessary to provide the party with sufficient

information for the party to receive a fair trial.

(4)(A) When a court allows discovery in a judicial proceeding of

a part of a cockpit or surface vehicle recorder transcript not made

available to the public under section 1114(c) or 1114(d) of this

title or a cockpit or surface vehicle recorder recording, the court

shall issue a protective order -

(i) to limit the use of the part of the transcript or the

recording to the judicial proceeding; and

(ii) to prohibit dissemination of the part of the transcript or

the recording to any person that does not need access to the part

of the transcript or the recording for the proceeding.

(B) A court may allow a part of a cockpit or surface vehicle

recorder transcript not made available to the public under section

1114(c) or 1114(d) of this title or a cockpit or surface vehicle

recorder recording to be admitted into evidence in a judicial

proceeding, only if the court places the part of the transcript or

the recording under seal to prevent the use of the part of the

transcript or the recording for purposes other than for the

proceeding.

(5) This subsection does not prevent the Board from referring at

any time to cockpit or surface vehicle recorder information in

making safety recommendations.

(6) In this subsection:

(A) Recorder. - The term "recorder" means a voice or video

recorder.

(B) Transcript. - The term "transcript" includes any written

depiction of visual information obtained from a video recorder.

(b) Reports. - No part of a report of the Board, related to an

accident or an investigation of an accident, may be admitted into

evidence or used in a civil action for damages resulting from a

matter mentioned in the report.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 757; Pub. L.

106-424, Sec. 5(c)(1), Nov. 1, 2000, 114 Stat. 1885.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1154(a) 49 App.:1905(c)(3), Jan. 3, 1975, Pub. L.

(d). 93-633, 88 Stat. 2156, Sec.

306(c)(3), (d); added Oct.

14, 1982, Pub. L. 97-309,

Sec. 2, 96 Stat. 1453;

restated Nov. 28, 1990,

Pub. L. 101-641, Sec. 4,

104 Stat. 4655.

1154(b) 49 App.:1441(e). Aug. 23, 1958, Pub. L.

85-726, Sec. 701(e), 72

Stat. 781.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A), 93-633, Sec. 304(a)(1)(A),

(c). (c), 88 Stat. 2168, 2171.

--------------------------------------------------------------------

In subsection (a), the word "transcript" is substituted for

"transcriptions" for clarity.

In subsection (a)(1)(A), the words "that the National

Transportation Safety Board has not made available to the public"

are substituted for "other than such portions made available to the

public by the Board" for clarity.

In subsection (a)(2)(B), the words "prepared by or under the

direction of the Board" are omitted as unnecessary and for

consistency with the source provisions restated in this subsection.

In subsection (b), the words "civil action" are substituted for

"suit or action" in 49 App.:1441(e) and 1903(c) for consistency

with the Federal Rules of Civil Procedure (28 App. U.S.C.).

AMENDMENTS

2000 - Pub. L. 106-424, Sec. 5(c)(1)(A), substituted "and surface

vehicle recordings and transcripts" for "voice and other material"

in section catchline.

Subsec. (a). Pub. L. 106-424, Sec. 5(c)(1)(B), substituted

"cockpit or surface vehicle recorder" for "cockpit voice recorder"

wherever appearing.

Pub. L. 106-424, Sec. 5(c)(1)(C), substituted "section 1114(c) or

1114(d)" for "section 1114(c)" wherever appearing.

Subsec. (a)(6). Pub. L. 106-424, Sec. 5(c)(1)(D), which directed

the amendment of this section by adding par. (6) at the end, was

executed by adding par. (6) at the end of subsec. (a) to reflect

the probable intent of Congress.

-End-

-CITE-

49 USC Sec. 1155 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE II - OTHER GOVERNMENT AGENCIES

CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD

SUBCHAPTER IV - ENFORCEMENT AND PENALTIES

-HEAD-

Sec. 1155. Aviation penalties

-STATUTE-

(a) Civil Penalty. - (1) A person violating section 1132, section

1134(b), section 1134(f)(1), or section 1136(g) (related to an

aircraft accident) of this title or a regulation prescribed or

order issued under any of those sections is liable to the United

States Government for a civil penalty of not more than $1,000. A

separate violation occurs for each day a violation continues.

(2) This subsection does not apply to a member of the armed

forces of the United States or an employee of the Department of

Defense subject to the Uniform Code of Military Justice when the

member or employee is performing official duties. The appropriate

military authorities are responsible for taking necessary

disciplinary action and submitting to the National Transportation

Safety Board a timely report on action taken.

(3) The Board may compromise the amount of a civil penalty

imposed under this subsection.

(4) The Government may deduct the amount of a civil penalty

imposed or compromised under this subsection from amounts it owes

the person liable for the penalty.

(5) A civil penalty under this subsection may be collected by

bringing a civil action against the person liable for the penalty.

The action shall conform as nearly as practicable to a civil action

in admiralty.

(b) Criminal Penalty. - A person that knowingly and without

authority removes, conceals, or withholds a part of a civil

aircraft involved in an accident, or property on the aircraft at

the time of the accident, shall be fined under title 18, imprisoned

for not more than 10 years, or both.

-SOURCE-

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 758; Pub. L.

104-264, title VII, Sec. 702(b), Oct. 9, 1996, 110 Stat. 3267.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

1155(a)(1), 49 App.:1471(a)(1) Aug. 23, 1958, Pub. L.

(2) (related to 85-726, Sec. 901(a)(1)

subchapter VII). (related to title VII), 72

Stat. 783; restated July

10, 1962, Pub. L. 87-528,

Sec. 12, 76 Stat. 149; Aug.

5, 1974, Pub. L. 93-366,

Sec. 107, 88 Stat. 414;

Jan. 3, 1975, Pub. L.

93-633, Sec. 113(b), 88

Stat. 2162.

49 App.:1655(d) Oct. 15, 1966, Pub. L.

(1st sentence). 89-670, Sec. 6(d) (1st

sentence), 80 Stat. 938.

49 Jan. 3, 1975, Pub. L.

App.:1903(a)(1)(A). 93-633, Sec. 304(a)(1)(A),

88 Stat. 2168.

1155(a)(3), 49 App.:1471(a)(2) Aug. 23, 1958, Pub. L.

(4) (related to 85-726, Sec. 901(a)(2)

subchapter VII). (related to title VII), 72

Stat. 784; July 10, 1962,

Pub. L. 87-528, Sec. 12, 76

Stat. 150; restated Oct.

24, 1978, Pub. L. 95-504,

Sec. 35(b), 92 Stat. 1740.

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1155(a)(5) 49 App.:1473(b)(1). Aug. 23, 1958, Pub. L.

85-726, Sec. 903(b)(1), 72

Stat. 786; Oct. 24, 1978,

Pub. L. 95-504, Sec. 36, 92

Stat. 1741.

49 App.:1473(b)(4). Aug. 23, 1958, Pub. L.

85-726, Sec. 903(b)(4), 72

Stat. 787.

49 App.:1655(d)

(1st sentence).

49

App.:1903(a)(1)(A).

1155(b) 49 App.:1472(p). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 731, Sec.

902(p); added Oct. 15,

1962, Pub. L. 87-810, Sec.

4, 76 Stat. 921; Aug. 5,

1974, Pub. L. 93-366, Sec.

103(b), 88 Stat. 410; Dec.

30, 1987, Pub. L. 100-223,

Sec. 204(e), 101 Stat. 1520.

--------------------------------------------------------------------

In subsection (a)(1), the words "section 1132 or 1134(b) or

(f)(1) (related to an aircraft accident) of this title" are

substituted for "any provision of subchapter . . . VII . . . of

this chapter" in 49 App.:1471(a)(1) because those sections restate

the relevant source provisions of 49 App.:ch. 20 carried out by the

Board. The words "regulation prescribed or order issued under

either of those sections" are substituted for "rule, regulation, or

order issued thereunder" for clarity and consistency in the revised

title and with other titles of the United States Code and because

"rule" and "regulation" are synonymous. The words "liable to the

United States Government" are substituted for "subject to" for

clarity. The words "for each such violation" are omitted as

unnecessary because of 18:1.

In subsection (a)(2), the word "civilian" is omitted as

unnecessary. The words "with respect thereto" are omitted as

surplus.

In subsection (a)(4), the words "imposed or compromised" are

substituted for "finally determined or fixed by order of the Board,

or the amount agreed upon in compromise" in 49 App.:1471(a)(2) for

consistency and to eliminate unnecessary words.

In subsection (a)(5), the words "imposed or assessed" are omitted

as surplus. The words "civil action against the person" are

substituted for "proceedings in personam against the person" in 49

App.:1473(b)(1) for consistency with rule 2 of the Federal Rules of

Civil Procedure (28 App. U.S.C.) and to eliminate unnecessary

words. The text of 49 App.:1473(b)(1) (1st sentence words after 1st

comma and last sentence) is omitted as unnecessary because

penalties imposed by the National Transportation Safety Board do

not involve liens on aircraft. The text of 49 App.:1473(b)(4) is

omitted as unnecessary because of 28:ch. 131.

-REFTEXT-

REFERENCES IN TEXT

The Uniform Code of Military Justice, referred to in subsec.

(a)(2), is classified generally to chapter 47 (Sec. 801 et seq.) of

Title 10, Armed Forces.

-MISC2-

PRIOR PROVISIONS

Prior chapter 31 (Secs. 3101-3104) of subtitle II redesignated

and restated as chapter 315 (Secs. 31501-31504) of subtitle VI of

this title by Pub. L. 103-272, Sec. 1(c), (e).

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-264 substituted ", section

1134(b), section 1134(f)(1), or section 1136(g)" for "or 1134(b) or

(f)(1)" and "any of" for "either of".

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1151, 1152 of this title.

-End-

-CITE-

49 USC SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

-HEAD-

SUBTITLE III - GENERAL AND INTERMODAL PROGRAMS

-MISC1-

Chapter Sec.

51. Transportation of Hazardous Material 5101

53. Mass Transportation 5301

55. Intermodal Transportation 5501

57. Sanitary Food Transportation 5701

59. Intermodal Safe Container Transportation 5901

61. One-Call Notification Programs 6101

AMENDMENTS

1998 - Pub. L. 105-178, title VII, Sec. 7302(b), June 9, 1998,

112 Stat. 482, added item for chapter 61.

-End-