49 U.S.C. § 1101 — Definitions

Page 151 TITLE 49—TRANSPORTATION § 1101 1 Section catchline amended by Pub. L. 118–63 without cor- responding amendment of chapter analysis. Sec. 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 passengers involved in aircraft accidents and families of such passengers. 1137. Authority of the Inspector General. 1138. Evaluation and audit of National Transpor- tation Safety Board. 1139. Assistance to passengers involved in rail pas- senger accidents and families of such pas- sengers. 1140. Information for families of individuals in- volved in accidents.1 SUBCHAPTER IV—ENFORCEMENT AND PENALTIES 1151. Aviation enforcement. 1152. Joinder and intervention in aviation pro- ceedings. 1153. Judicial review. 1154. Discovery and use of cockpit and surface ve- hicle recordings and transcripts. 1155. Penalties. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63, title XII, §§ 1215(b), (f), 1216(b), 1221(b), May 16, 2024, 138 Stat. 1428, 1431, 1432, added item 1117, substituted ‘‘Assistance to passengers in- volved in aircraft accidents and families of such pas- sengers’’ for ‘‘Assistance to families of passengers in- volved in aircraft accidents’’ in item 1136, ‘‘Assistance to passengers involved in rail passenger accidents and families of such passengers’’ for ‘‘Assistance to families of passengers involved in rail passenger accidents’’ in item 1139, and ‘‘Penalties’’ for ‘‘Aviation penalties’’ in item 1155 and struck out item 117 ‘‘Methodology’’ and former item 1117 ‘‘Annual report’’. 2018—Pub. L. 115–254, div. C, §§ 1107(b)(2), 1109(e)(2), 1111(b), 1113(a), Oct. 5, 2018, 132 Stat. 3433, 3435, 3436, 3438, added items 117 and 1140 and substituted ‘‘Reports, studies, and retrospective reviews’’ for ‘‘Reports and studies’’ in item 1116 and ‘‘Board.’’ for ‘‘Board’’ in item 1138. 2008—Pub. L. 110–432, div. A, title V, § 501(b), Oct. 16, 2008, 122 Stat. 4897, added item 1139. 2006—Pub. L. 109–443, § 5(b), Dec. 21, 2006, 120 Stat. 3300, added item 1138. 2000—Pub. L. 106–424, §§ 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, § 407(a)(2), title VII, § 702(a)(2), Oct. 9, 1996, 110 Stat. 3258, 3267, added items 1119 and 1136. 1994—Pub. L. 103–272, § 1(c), (d), July 5, 1994, 108 Stat. 745, added subtitle II (comprised of chapter 11, §§ 1101–1155) and struck out former subtitle II, except that chapter 31 (comprised of §§ 3101–3104) of subtitle II was redesignated and restated as chapter 315 (com- prised of §§ 31501–31504) of subtitle VI, as enacted by Pub. L. 103–272, § 1(e). SUBCHAPTER I—GENERAL § 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.—Sec- tion 2101(23) of title 46 and section 40102(a) of this title shall apply to this chapter. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 746; Pub. L. 106–424, § 2, Nov. 1, 2000, 114 Stat. 1883; Pub. L. 115–232, div. C, title XXXV, § 3541(b)(17), Aug. 13, 2018, 132 Stat. 2324; Pub. L. 118–63, title XII, § 1203, May 16, 2024, 138 Stat. 1422.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1101 ............ (no source) A number of the source provisions of the chapter are taken from 49 App.:ch. 20. The text of 49 App.:ch. 20 con- tains 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 repeat- ing them. The source provisions for the definitions are found in the revision note for section 40102(a) of the re- vised title. Editorial Notes AMENDMENTS 2024—Pub. L. 118–63 amended section generally. Prior to amendment, text read as follows: ‘‘Section 2101(23) 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.’’ 2018—Pub. L. 115–232 substituted ‘‘Section 2101(23)’’ for ‘‘Section 2101(17a)’’. 2000—Pub. L. 106–424 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘Section 40102(a) of this title applies to this chap- ter.’’ Statutory Notes and Related Subsidiaries SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–63, title XII, § 1201, May 16, 2024, 138 Stat. 1422, provided that: ‘‘This title [amending this section and sections 1113 to 1116, 1118, 1131, 1134 to 1136, 1138 to 1140, 1151, 1155, and 24316 of this title, enacting provi- sions set out as notes under sections 1111, 1114, and 1131 of this title, and repealing provisions set out as a note under section 1113 of this title] may be cited as the ‘Na- tional Transportation Safety Board Amendments Act of 2024’.’’ SHORT TITLE OF 2015 AMENDMENT Pub. L. 114–110, § 1(a), Dec. 18, 2015, 129 Stat. 2228, pro- vided that: ‘‘This Act [see Tables for classification] may be cited as the ‘Surface Transportation Board Re- authorization Act of 2015’.’’ SHORT TITLE OF 2006 AMENDMENT Pub. L. 109–443, § 1(a), Dec. 21, 2006, 120 Stat. 3297, pro- vided that: ‘‘This Act [enacting section 1138 of this title, amending sections 1111, 1113, 1117, 1118, 1131, 1135, and 1137 of this title, enacting provisions set out as notes under sections 1111 and 1118 of this title, and amending provisions set out as a note under section 1113 of this title] may be cited as the ‘National Trans- portation Safety Board Reauthorization Act of 2006’.’’ Page 152 TITLE 49—TRANSPORTATION § 1111 SHORT TITLE OF 2003 AMENDMENT Pub. L. 108–168, § 1, Dec. 6, 2003, 117 Stat. 2032, provided that: ‘‘This Act [enacting section 354 of this title, amending sections 354, 1118, 1119, 1131, 1135, and 1136 of this title, and enacting provisions set out as notes under sections 1113, 1131, and 1135 of this title] may be cited as the ‘National Transportation Safety Board Re- authorization Act of 2003’.’’ SHORT TITLE OF 2000 AMENDMENT Pub. L. 106–424, § 1(a), Nov. 1, 2000, 114 Stat. 1883, pro- vided 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 en- acting 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 Amend- ments Act of 2000’.’’ SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–291, title I, § 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 ‘Na- tional Transportation Safety Board Amendments of 1996’.’’ DEFINITIONS OF TERMS IN DIV. C OF PUB. L. 115–254 Pub. L. 115–254, div. C, § 1102, Oct. 5, 2018, 132 Stat. 3429, provided that: ‘‘In this division [enacting section 1140 of this title, amending sections 1111, 1113, 1114, 1116 to 1118, 1131, 1134, 1136, 1138, 1139, 1154, 41113, and 41313 of this title, and enacting provisions set out as notes under sections 1116, 1119, and 40101 of this title], the fol- lowing definitions apply: ‘‘(1) BOARD.—The term ‘Board’ means the National Transportation Safety Board. ‘‘(2) CHAIRMAN.—The term ‘Chairman’ means the Chairman of the National Transportation Safety Board. ‘‘(3) MOST WANTED LIST.—The term ‘Most Wanted List’ means the Board publication entitled ‘Most Wanted List’.’’ SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE § 1111. General organization (a) ORGANIZATION.—The National Transpor- tation Safety Board is an independent establish- ment of the United States Government. (b) APPOINTMENT OF MEMBERS.—The Board is composed of 5 members appointed by the Presi- dent, by and with the advice and consent of the Senate. Not more than 3 members may be ap- pointed 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 recon- struction, safety engineering, human factors, transportation safety, or transportation regula- tion. (c) TERMS OF OFFICE AND REMOVAL.—The term of office of each member is 5 years. An indi- vidual appointed to fill a vacancy occurring be- fore 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 ap- pointed and qualified. The President may re- move a member for inefficiency, neglect of duty, or malfeasance in office. (d) CHAIRMAN AND VICE CHAIRMAN.—The Presi- dent shall designate, by and with the advice and consent of the Senate, a Chairman of the Board. The President also shall designate a Vice Chair- man of the Board. The terms of office of both the Chairman and Vice Chairman are 3 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 administra- tive officer of the Board. Subject to the general policies and decisions of the Board, the Chair- man shall— (1) appoint and supervise officers and em- ployees, other than regular and full-time em- ployees in the immediate offices of another member, necessary to carry out this chapter; (2) fix the pay of officers and employees nec- essary to carry out this chapter; (3) distribute business among the officers, employees, and administrative units of the Board; and (4) 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 inves- tigate and report on the safe transportation of hazardous material. The Board shall establish distinct and appropriately staffed bureaus, divi- sions, or offices to investigate and report on ac- cidents involving each of the following modes of transportation: (1) aviation. (2) highway and motor vehicle. (3) rail and tracked vehicle. (4) pipeline. (5) marine. (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 finan- cial management and budget execution; (2) direct, manage, and provide policy guid- ance 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 in- curred by the Board in providing those serv- ices and things of value. (i) BOARD MEMBER STAFF.—Each member of the Board shall select and supervise regular and full-time employees in his or her immediate of- fice as long as any such employee has been ap- proved for employment by the designated agen- cy ethics official under the same guidelines that apply to all employees of the Board. Except for the Chairman, the appointment authority pro- vided by this subsection is limited to the num- ber of full-time equivalent positions, in addition to 1 senior professional staff at a level not to ex- ceed the GS 15 level and 1 administrative staff, allocated to each member through the Board’s annual budget and allocation process. (j) SEAL.—The Board shall have a seal that shall be judicially recognized.