49 U.S.C. § 1135 — Secretary of Transportation’s responses to

Page 170 TITLE 49—TRANSPORTATION § 1135 HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 49 App.:1655(d) (1st sentence). Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938. 49 App.:1903(a)(1)(A). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (b)(5), 88 Stat. 2168, 2170. 1134(c) ........ 49 App.:1903(b)(2) (1st sentence words after 3d comma, 2d sen- tence). 1134(d) ........ 49 App.:1903(b)(2) (5th, last sen- tences). 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 air- craft accident’’ are substituted for ‘‘carrying out its duties’’ in 49 App.:1441(c) for clarity. The words ‘‘in- spect 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 car- rying 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 inves- tigation’’ are omitted as unnecessary because of the words ‘‘do anything necessary to conduct an investiga- tion’’ 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 sub- stituted 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’’ be- cause of the restatement. In subsection (e), the word ‘‘promptly’’ is substituted for ‘‘with reasonable promptness’’ to eliminate unnec- essary words. In subsection (f)(1), the words ‘‘In the case of any fatal accident’’ in 49 App.:1441(c) are omitted as sur- plus. The words ‘‘to examine the remains of any de- ceased person aboard the aircraft at the time of the ac- cident, who dies as a result of the accident’’ are omit- ted as unnecessary because of the authority of the Board to conduct autopsies. Editorial Notes AMENDMENTS 2024—Subsec. (g). Pub. L. 118–63 added subsec. (g). 2018—Subsec. (a)(2). Pub. L. 115–254 inserted ‘‘includ- ing an electronic record,’’ after ‘‘record,’’. § 1135. Secretary of Transportation’s responses to safety recommendations (a) GENERAL.—When the National Transpor- tation Safety Board submits a recommendation about transportation safety to the Secretary of Transportation, the Secretary shall give to the Board a formal written response to each rec- ommendation not later than 90 days after re- ceiving the recommendation. The response shall indicate whether the Secretary intends— (1) to carry out procedures to adopt the com- plete 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 in- clude a copy of a proposed timetable for com- pleting the procedures. A response under sub- section (a)(2) of this section shall detail the rea- sons for the refusal to carry out procedures on the remainder of the recommendation. A re- sponse 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 re- sponse available to the public— (1) in electronic form at no cost in a publicly accessible database on a website of the Board; and (2) if the electronic form required in para- graph (1) is not printable, in printed form upon a reasonable request at a reasonable cost. (d) ANNUAL REPORT ON AIR CARRIER SAFETY RECOMMENDATIONS.— (1) IN GENERAL.—The Secretary shall submit to Congress and the Board, on an annual basis, a report on the recommendations made by the Board to the Secretary regarding air carrier operations conducted under part 121 of title 14, Code of Federal Regulations. (2) RECOMMENDATIONS TO BE COVERED.—The report shall cover— (A) any recommendation for which the Secretary has developed, or intends to de- velop, procedures to adopt the recommenda- tion or part of the recommendation, but has yet to complete the procedures; and (B) any recommendation for which the Secretary, in the preceding year, has issued a response under subsection (a)(2) or (a)(3) refusing to carry out all or part of the proce- dures to adopt the recommendation. (3) CONTENTS.— (A) PLANS TO ADOPT RECOMMENDATIONS.— For each recommendation of the Board de- scribed in paragraph (2)(A), the report shall contain— (i) a description of the recommendation; (ii) a description of the procedures planned for adopting the recommendation or part of the recommendation; (iii) the proposed date for completing the procedures; and (iv) if the Secretary has not met a dead- line contained in a proposed timeline de- veloped in connection with the rec- ommendation under subsection (b), an ex- planation for not meeting the deadline. (B) REFUSALS TO ADOPT RECOMMENDA- TIONS.—For each recommendation of the Board described in paragraph (2)(B), the re- port shall contain— (i) a description of the recommendation; and (ii) a description of the reasons for the refusal to carry out all or part of the pro- cedures to adopt the recommendation. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 755; Pub. L. 108–168, § 6, Dec. 6, 2003, 117 Stat. 2034; Page 171 TITLE 49—TRANSPORTATION § 1136 Pub. L. 109–443, § 2(b), Dec. 21, 2006, 120 Stat. 3298; Pub. L. 111–216, title II, § 202, Aug. 1, 2010, 124 Stat. 2351; Pub. L. 111–249, § 6(1), (2), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 118–63, title XII, §§ 1214, 1220(a), May 16, 2024, 138 Stat. 1426, 1432.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1135(a), (b) 49 App.:1906(a) (less last sentence). Jan. 3, 1975, Pub. L. 93–633, § 307(a), 88 Stat. 2172; Nov. 3, 1981, Pub. L. 97–74, § 6, 95 Stat. 1066; July 19, 1988, Pub. L. 100–372, § 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, § 307(b); added Nov. 3, 1981, Pub. L. 97–74, § 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 sub- stituted for ‘‘in full’’ for consistency in the revised title. Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63, § 1214, substituted ‘‘public—’’ and pars. (1) and (2) for ‘‘public at reason- able cost.’’ Subsec. (e). Pub. L. 118–63, § 1220(a), struck out subsec. (e) which required the Secretary to annually submit regulatory status reports to Congress. 2010—Subsec. (a). Pub. L. 111–216, § 202(a), as amended by Pub. L. 111–249, § 6(1), inserted ‘‘to the Board’’ after ‘‘shall give’’ in introductory provisions. Subsecs. (d), (e). Pub. L. 111–216, § 202(b), as amended by Pub. L. 111–249, § 6(2), added subsec. (d) and redesig- nated former subsec. (d) as (e). 2006—Subsec. (d)(3). Pub. L. 109–443 amended heading and text of par. (3) generally. Prior to amendment, text read as follows: ‘‘This subsection shall cease to be in ef- fect after the report required to be filed on February 1, 2008, is filed.’’ 2003—Subsec. (d). Pub. L. 108–168 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows: ‘‘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 rec- ommendation.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–249, § 6, Sept. 30, 2010, 124 Stat. 2628, pro- vided that the amendments made by section 6 of Pub. L. 111–249 are effective as of Aug. 1, 2010, and as if in- cluded in Pub. L. 111–216 as enacted. REPORTS ON CERTAIN OPEN SAFETY RECOMMENDATIONS Pub. L. 108–168, § 9, Dec. 6, 2003, 117 Stat. 2035, provided that: ‘‘(a) INITIAL REPORT.—Within 1 year after the date of enactment of this Act [Dec. 6, 2003], the Secretary of Transportation shall submit a report to Congress and the National Transportation Safety Board containing the regulatory status of each open safety recommenda- tion made by the Board to the Secretary concerning— ‘‘(1) 15-passenger van safety; ‘‘(2) railroad grade crossing safety; and ‘‘(3) medical certifications for a commercial driv- er’s license. ‘‘(b) BIENNIAL UPDATES.—The Secretary shall con- tinue to report on the regulatory status of each such recommendation (and any subsequent recommendation made by the Board to the Secretary concerning a mat- ter described in paragraph (1), (2), or (3) of subsection (a)) at 2-year intervals until— ‘‘(1) final regulatory action has been taken on the recommendation; ‘‘(2) the Secretary determines, and states in the re- port, that no action should be taken on that rec- ommendation; or ‘‘(3) the report, if any, required to be submitted in 2008 is submitted. ‘‘(c) FAILURE TO REPORT.—If the Board has not re- ceived a report required to be submitted under sub- section (a) or (b) within 30 days after the date on which that report is required to be submitted, the Board shall notify the Committee on Transportation and Infra- structure of the House of Representatives and the Com- mittee on Commerce, Science, and Transportation of the Senate.’’ NTSB SAFETY RECOMMENDATIONS Pub. L. 107–355, § 19, Dec. 17, 2002, 116 Stat. 3009, as amended by Pub. L. 108–426, § 2(c)(3), Nov. 30, 2004, 118 Stat. 2424, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation, the Administrator of Pipeline and Hazardous Materials Safety 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 respon- siveness to National Transportation Safety Board rec- ommendations about pipeline safety. ‘‘(b) PUBLIC AVAILABILITY.—The Secretary, Adminis- trator, 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, Adminis- trator, or Director, respectively, shall submit to Con- gress 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.’’ § 1136. Assistance to passengers involved in air- craft accidents and families of such pas- sengers (a) IN GENERAL.—As soon as practicable after being notified of an aircraft accident within United States airspace or airspace delegated to the United States involving an air carrier or for- eign air carrier, resulting in any loss of life, and for which the National Transportation Safety Board will serve as the lead investigative agen- cy, the Chairman of the 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 acci- dent and a liaison between the air carrier or foreign air carrier and the families; and (2) designate an independent nonprofit orga- nization, with experience in disasters and posttrauma communication with families, which shall have primary responsibility for co- ordinating the emotional care, psychological care, and family support services of passengers involved in the accident and the families of such passengers. (b) RESPONSIBILITIES OF THE BOARD.—The Board shall have primary Federal responsibility for facilitating the recovery and identification