49 U.S.C. § 1117 — Methodology

Page 162 TITLE 49—TRANSPORTATION § 1117 (6) a list of accidents, during the prior cal- endar year, that the Board was required to in- vestigate under section 1131 but did not inves- tigate and an explanation of why they were not investigated; and (7) a list of ongoing investigations that have exceeded the expected time allotted for com- pletion by Board order and an explanation for the additional time required to complete each such investigation. (d) RETROSPECTIVE REVIEWS.— (1) IN GENERAL.—Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall com- plete a retrospective review of recommenda- tions issued by the Board that are classified as open by the Board. (2) CONTENTS.—A review under paragraph (1) shall include— (A) a determination of whether the rec- ommendation should be updated, closed, or reissued in light of— (i) changed circumstances; (ii) more recently issued recommenda- tions; (iii) the availability of new technologies; or (iv) new information making the rec- ommendation ineffective or insufficient for achieving its objective; and (B) a justification for each determination under subparagraph (A). (3) REPORT.—Not later than 180 days after the date a review under paragraph (1) is com- plete, the Chairman shall submit to the Com- mittee on Commerce, Science, and Transpor- tation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that in- cludes— (A) the findings of the review under para- graph (1); (B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and (C) if applicable, a schedule for updating, closing, or reissuing a recommendation. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115–254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436; Pub. L. 118–63, title XII, § 1209, May 16, 2024, 138 Stat. 1425.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1116(a) ........ 49 App.:1441(a)(3), (5) (related to reduc- ing accidents). Aug. 23, 1958, Pub. L. 85–726, § 701(a)(3), (5), 72 Stat. 781. 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444. 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), (3). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169. 1116(b)(1) .... 49 App.:1441(a)(5) (related to stud- ies). 49 App.:1655(d) (1st sentence). 49 App.:1903(a)(1)(A), (4). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 1116(b) (2)–(5). 49 App.:1903(a)(5). 49 App.:1903(a)(6). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, § 4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, § 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 sub- stituted 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 sub- stituted 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 sub- stituted for ‘‘efficacy’’ for clarity. Editorial Notes AMENDMENTS 2024—Subsec. (c)(3) to (7). Pub. L. 118–63 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), re- spectively. 2018—Pub. L. 115–254, § 1111(a)(1), substituted ‘‘, studies, and retrospective reviews’’ for ‘‘and studies’’ in section catchline. Subsec. (c). Pub. L. 115–254, § 1107(a), added subsec. (c). Subsec. (d). Pub. L. 115–254, § 1111(a)(2), added subsec. (d). Statutory Notes and Related Subsidiaries SAVINGS CLAUSE Pub. L. 115–254, div. C, § 1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: ‘‘Nothing in this section [amending this section] or the amendments made by this section may be construed to limit or otherwise affect the au- thority of the [National Transportation Safety] Board to update, close, or reissue a recommendation.’’ § 1117. Methodology (a) IN GENERAL.—Not later than 2 years after the date of enactment of the National Transpor- tation 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 selec- tion of each recommendation. (b) ELEMENTS.—Except as provided in sub- section (c), the methodology section under sub- section (a) shall include, for each recommenda- tion— (1) a brief summary of the Board’s collection and analysis of the specific accident investiga- tion information most relevant to the rec- ommendation; (2) a description of the Board’s use of exter- nal information, including studies, reports, Page 163 TITLE 49—TRANSPORTATION § 1118 and experts, other than the findings of a spe- cific accident investigation, if any were used to inform or support the recommendation, in- cluding 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 ac- tions 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 rec- ommendation. (c) ACCEPTABLE LIMITATION.—If the Board knows of more than 3 examples taken by regu- lated entities before the publication of the safe- ty 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 docu- ment; or (2) an existing regulatory requirement. (e) RULE OF CONSTRUCTION.—Nothing in this section may be construed to require any change to a recommendation made by the Board before the date of enactment of the National Transpor- tation Safety Board Reauthorization Act, unless the recommendation is a repeat recommenda- tion issued on or after the date of enactment of such Act. (f) SAVINGS CLAUSE.—Nothing in this section may be construed— (1) to delay publication of the findings, cause, or probable cause of a Board investiga- tion; (2) to delay the issuance of an urgent rec- ommendation that the Board has determined must be issued to avoid immediate loss, death, or injury; or (3) to limit the number of examples the Board may consider before issuing a rec- ommendation. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 104–66, title II, § 2151, Dec. 21, 1995, 109 Stat. 731; Pub. L. 109–443, § 2(a)(1), Dec. 21, 2006, 120 Stat. 3297; Pub. L. 115–254, div. C, § 1107(b)(1), Oct. 5, 2018, 132 Stat. 3432.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1117 ............ 49 App.:1904. Jan. 3, 1975, Pub. L. 93–633, § 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 advis- able’’ are omitted as surplus. In clause (3), the words ‘‘departments, agencies, and instrumentalities of the United States Government and State and local govern- mental authorities’’ are substituted for ‘‘other govern- ment agencies’’ for clarity and consistency in the re- vised 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 evalua- tion and review’’ because it is inclusive. Editorial Notes REFERENCES IN TEXT The date of enactment of the National Transpor- tation Safety Board Reauthorization Act and the date of enactment of such Act, referred to in subsecs. (a) and (e), are the date of enactment of div. C of Pub. L. 115–254, which was approved Oct. 5, 2018. AMENDMENTS 2018—Pub. L. 115–254 amended section generally. Prior to amendment, section related to annual report. 2006—Pars. (4) to (6). Pub. L. 109–443 added pars. (4) to (6). 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 leg- islative and administrative action and change.’’ § 1118. Authorization of appropriations (a) IN GENERAL.— (1) AUTHORIZATIONS.—There is authorized to be appropriated for purposes of this chapter— (A) $140,000,000 for fiscal year 2024; (B) $145,000,000 for fiscal year 2025; (C) $148,000,000 for fiscal year 2026; (D) $151,000,000 for fiscal year 2027; and (E) $154,000,000 for fiscal year 2028. (2) AVAILABILITY.—Amounts authorized under paragraph (1) shall remain available until expended. (b) EMERGENCY FUND.—The Board has an emer- gency fund of $2,000,000 available for necessary expenses of the Board, not otherwise provided for, for accident investigations. In addition, there are authorized to be appropriated such sums as may be necessary to increase the fund to, and maintain the fund at, a level not to ex- ceed $4,000,000. (c) FEES, REFUNDS, AND REIMBURSEMENTS.— (1) IN GENERAL.—The Board may impose and collect such fees, refunds, and reimbursements as it determines to be appropriate for services provided by or through the Board. (2) RECEIPTS CREDITED AS OFFSETTING COL- LECTIONS.—Notwithstanding section 3302 of title 31, any fee, refund, or reimbursement col- lected under this subsection— (A) shall be credited as offsetting collec- tions to the account that finances the ac- tivities and services for which the fee is im- posed or with which the refund or reimburse- ment is associated; (B) shall be available for expenditure only to pay the costs of activities and services for which the fee is imposed or with which the refund or reimbursement is associated; and (C) shall remain available until expended. (3) REFUNDS.—The Board may refund any fee paid by mistake or any amount paid in excess of that required. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, § 2, Oct. 25, 1994, 108 Stat. 4236; Pub. L. 104–291, title I, § 105, Oct. 11, 1996, 110 Stat. 3453; Pub. L. 106–424, § 13, Nov. 1, 2000, 114 Stat. 1888; Pub. L. 108–168, § 2, Dec. 6, 2003, 117 Stat. 2032; Pub. L. 109–443, § 8(a), (b)(1), (c), Dec. 21, 2006, 120 Stat. 3300; Pub. L. 115–254, div. C, § 1103, Oct. 5, 2018, 132 Stat. 3429; Pub. L. 118–63, title XII, § 1202, May 16, 2024, 138 Stat. 1422.)