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49 U.S.C. § 1113 — Administrative

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49 U.S.C. § 1113 — Administrative

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Source location: Title 49, Chapter 11, § 1113; chapter-011-national-transportation-safety-board.md

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**(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 subpoena 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 subpoena 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 subpoena, 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 subpoena, 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 subpoena, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3109&num=0&edition=prelim); (B) make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41; (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; (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; (J) notwithstanding [section 1343 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1343&num=0&edition=prelim), acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter; and (K) notwithstanding [section 3301 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3301&num=0&edition=prelim), acquire training on emerging transportation technologies if such training— (i) is required for an ongoing investigation; and (ii) meets the criteria under [section 3304(a)(7)(A) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a/7/A&num=0&edition=prelim). (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. The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5542/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5304&num=0&edition=prelim) (or similar provision of law) and any special rate of pay under [section 5305 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5305&num=0&edition=prelim) (or similar provision of law). **(h) Strategic Workforce Plan.—** (1) **In general.—** — The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter. (2) **Aligning the workforce to strategic goals.—** — In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration— (A) the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board; (B) the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry; (C) with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board’s staffing for each transportation mode reflects these aspects; (D) the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board; (E) a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board; (F) a workforce management strategy that is aligned with the mission of the Board, including plans for continuity of leadership and knowledge sharing; (G) an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; and (H) a system for analyzing and evaluating the performance of the Board’s workforce management policies, programs, and activities. (3) **Planning period.—** — The strategic workforce plan developed under paragraph (1) shall address a 5-year forecast period, but may include planning for longer periods based on information about emerging technologies or safety trends in transportation. (4) **Plan updates.—** — The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years. (5) **Relationship to strategic plan.—** — The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under [section 306 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section306&num=0&edition=prelim). (6) **Availability.—** — The strategic workforce plan under paragraph (1) and the strategic plan required under [section 306 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section306&num=0&edition=prelim) shall be— (A) submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and (B) made available to the public on a website of the Board. **(i) Non-accident-related Travel Budget.—** (1) **In general.—** — The Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for each Board member. (2) **Notification.—** — The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1117 — Methodology

**(a) In General.—** Not later than 2 years after the date of enactment of the National Transportation Safety Board Reauthorization Act, the Chairman shall include with each investigative report in which a recommendation is issued by the Board a methodology section detailing the process and information underlying the selection of each recommendation. **(b) Elements.—** Except as provided in subsection (c), the methodology section under subsection (a) shall include, for each recommendation— (1) a brief summary of the Board’s collection and analysis of the specific accident investigation information most relevant to the recommendation; (2) a description of the Board’s use of external information, including studies, reports, and experts, other than the findings of a specific accident investigation, if any were used to inform or support the recommendation, including a brief summary of the specific safety benefits and other effects identified by each study, report, or expert; and (3) a brief summary of any examples of actions taken by regulated entities before the publication of the safety recommendation, to the extent such actions are known to the Board, that were consistent with the recommendation. **(c) Acceptable Limitation.—** If the Board knows of more than 3 examples taken by regulated entities before the publication of the safety recommendation that were consistent with the recommendation, the brief summary under subsection (b)(3) may be limited to only 3 of those examples. **(d) Exception.—** Subsection (a) shall not apply if the recommendation is only for a person to disseminate information on— (1) an existing agency best practices document; or (2) an existing regulatory requirement. **(e) Rule of Construction.—** Nothing in this section may be construed t

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1117

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41 U.S.C. § 3301 — Full and open competition

**(a) In General.—** Except as provided in sections 3303, 3304(a), and 3305 of this title and except in the case of procurement procedures otherwise expressly authorized by statute, an executive agency in conducting a procurement for property or services shall— (1) obtain full and open competition through the use of competitive procedures in accordance with the requirements of this division and the Federal Acquisition Regulation; and (2) use the competitive procedure or combination of competitive procedures that is best suited under the circumstances of the procurement. **(b) Appropriate Competitive Procedures.—** (1) **Use of sealed bids.—** — In determining the competitive procedures appropriate under the circumstance, an executive agency shall— (A) solicit sealed bids if— (i) time permits the solicitation, submission, and evaluation of sealed bids; (ii) the award will be made on the basis of price and other price-related factors; (iii) it is not necessary to conduct discussions with the responding sources about their bids; and (iv) there is a reasonable expectation of receiving more than one sealed bid; or (B) request competitive proposals if sealed bids are not appropriate under subparagraph (A). (2) **Sealed bid not required.—** — Paragraph (1)(A) does not require the use of sealed-bid procedures in cases in which section 204(e) 11 See References in Text note below. of title 23 applies. **(c) Efficient Fulfillment of Government Requirements.—** The Federal Acquisition Regulation shall ensure that the requirement to obtain full and open competition is implemented in a manner that is consistent with the need to efficiently fulfill the Federal Government’s requirements.

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 3301

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 306 — Agency strategic plans

**(a)** Not later than the first Monday in February of any year following the year in which the term of the President commences under [section 101 of title 3](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title3-section101&num=0&edition=prelim), the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain— (1) a comprehensive mission statement covering the major functions and operations of the agency; (2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency; (3) a description of how any goals and objectives contribute to the Federal Government priority goals required by [section 1120(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1120/a&num=0&edition=prelim); (4) a description of how the goals and objectives are to be achieved, including— (A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and (B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals; (5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d); (6) a description of how the performance goals provided in the plan required by [section 1115(a) of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1115/a&num=0&edition=prelim), including the agency priority goals required by [section 1120(b) of title 31](htt

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5 U.S.C. § 5305 — Special pay authority

**(a)** (1) Whenever the Office of Personnel Management finds that the Government’s recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped due to any of the circumstances described in subsection (b), the Office may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum rate of basic pay (excluding any locality-based comparability payment under section 5304 or similar provision of law) for the grade or level by more than 30 percent, and no rate may be established under this section in excess of the rate of basic pay payable for level IV of the Executive Schedule. In the case of individuals not subject to the provisions of this title governing appointment in the competitive service, the President may designate another agency to authorize special rates under this section. (2) The head of an agency may determine that a category of employees of the agency will not be covered by a special rate authorization established under this section. The head of an agency shall provide written notice to the Office of Personnel Management (or other agency designated by the President to authorize special rates under the last sentence of paragraph (1)) which identifies the specific category or categories of employees that will not be covered by special rates authorized under this section. If the head of an age

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5305

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31 U.S.C. § 1343 — Buying and leasing passenger motor vehicles and aircraft

**(a)** In this section, buying a passenger motor vehicle or aircraft includes a transfer of the vehicle or aircraft between agencies. **(b)** An appropriation may be expended to buy or lease passenger motor vehicles only— (1) for the use of— (A) the President; (B) the secretaries to the President; or (C) the heads of executive departments listed in [section 101 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section101&num=0&edition=prelim); or (2) as specifically provided by law. **(c)** (1) Except as specifically provided by law, an agency may use an appropriation to buy a passenger motor vehicle (except a bus or ambulance) only at a total cost (except costs required only for transportation) that— (A) includes the price of systems and equipment the Administrator of General Services decides is incorporated customarily in standard passenger motor vehicles completely equipped for ordinary operation; (B) includes the value of a vehicle used in exchange; (C) is not more than the maximum price established by the agency having authority under law to establish a maximum price; and (D) is not more than the amount specified in a law. (2) Additional systems and equipment may be bought for a passenger motor vehicle if the Administrator decides the purchase is appropriate. The price of additional systems or equipment is not included in deciding whether the cost of the vehicle is within a maximum price specified in a law. **(d)** An appropriation (except an appropriation for the armed forces) is available to buy, maintain, or operate an aircraft only if the appropriation specifically authorizes the purchase, maintenance, or operation. **(e)** This section does not apply to— (1) buying, maintaining, and repairing passeng

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1343

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5304 — Locality-based comparability payments

**(a)** Pay disparities shall be identified and reduced as follows: (1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent. (2) (A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year. (B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year. (3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that— (A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than ⅕ of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3⁄10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; (C) the percentage for the third calendar year in which any amounts are payable under this section may not be le

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5304

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 3109 — Employment of experts and consultants; temporary or intermittent

**(a)** For the purpose of this section— (1) “agency” has the meaning given it by [section 5721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5721&num=0&edition=prelim); and (2) “appropriation” includes funds made available by statute under [section 9104 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section9104&num=0&edition=prelim). **(b)** When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to— (1) the provisions of this title governing appointment in the competitive service; (2) chapter 51 and subchapter III of chapter 53 of this title; and (3) section 6101(b) to (d) of title 41, except in the case of stenographic reporting services by an organization. However, an agency subject to chapter 51 and subchapter III of chapter 53 of this title may pay a rate for services under this section in excess of the daily equivalent of the highest rate payable under [section 5332 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5332&num=0&edition=prelim) only when specifically authorized by the appropriation or other statute authorizing the procurement of the services. **(c)** Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section. **(d)** The Office of Personnel Management shall prescribe regulations necessary for the administration of t

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3109

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5 U.S.C. § 5332 — The General Schedule

**(a)** (1) The General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. (2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated “GS–1” through “GS–15”, consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303. **(b)** When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by [section 5504(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5504/b&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5332

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1101 — Definitions

**(a) In General.—** In this chapter: (1) **Accident.—** — 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. (2) **State.—** — The term “State” means a State of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. **(b) Applicability of Other Definitions.—** Section 2101(24) 11 So in original. Probably should be “2101(25)”. of title 46 and [section 40102(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40102/a&num=0&edition=prelim) shall apply to this chapter.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 1113 — Administrative

Page 154 TITLE 49—TRANSPORTATION § 1112 lows: ‘‘appoint, supervise, and fix the pay of officers and employees necessary to carry out this chapter;’’. Subsec. (e)(2) to (4). Pub. L. 109–443, § 9(d)(2), (3), added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively. Subsec. (g)(5). Pub. L. 109–443, § 9(a), added par. (5). Subsecs. (i), (j). Pub. L. 109–443, § 9(d)(4), (5), added subsec. (i) and redesignated former subsec. (i) as (j). 2000—Subsecs. (h), (i). Pub. L. 106–424 added subsec. (h) and redesignated former subsec. (h) as (i). Statutory Notes and Related Subsidiaries DRUG-FREE WORKPLACE Pub. L. 118–63, title XII, § 1218, May 16, 2024, 138 Stat. 1431, provided that: ‘‘Not later than 12 months after the date of enactment of this Act [May 16, 2024], the Na- tional Transportation Safety Board shall implement a drug testing program applicable to Board employees, including employees in safety or security sensitive po- sitions, in accordance with Executive Order No. 12564 (51 Fed. Reg. 32889).’’ UTILIZATION PLAN Pub. L. 109–443, § 2(a)(2), Dec. 21, 2006, 120 Stat. 3297, provided that: ‘‘(A) PLAN.—Within 90 days after the date of enact- ment of this Act [Dec. 21, 2006], the National Transpor- tation Safety Board shall— ‘‘(i) develop a plan to achieve, to the maximum ex- tent feasible, the self-sufficient operation of the Na- tional Transportation Safety Board Academy and uti- lize the Academy’s facilities and resources; ‘‘(ii) submit a draft of the plan to the Comptroller General for review and comment; and ‘‘(iii) submit a draft of the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and In- frastructure of the House of Representatives. ‘‘(B) PLAN DEVELOPME

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 1113

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