Legislación
US (United States) Code. Title 49. Subtitle II. Chapter 11: National Transporation Safety Board
-CITE-
49 USC CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD 01/06/03
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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-
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49 USC SUBCHAPTER I - GENERAL 01/06/03
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TITLE 49 - TRANSPORTATION
SUBTITLE II - OTHER GOVERNMENT AGENCIES
CHAPTER 11 - NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I - GENERAL
-HEAD-
SUBCHAPTER I - GENERAL
-End-
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49 USC Sec. 1101 01/06/03
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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
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1101 (no source)
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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
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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-
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49 USC Sec. 1111 01/06/03
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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
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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).
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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
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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
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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.
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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-
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49 USC Sec. 1113 01/06/03
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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
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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.
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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-
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