49 U.S.C. § 1131 — General authority

Page 165 TITLE 49—TRANSPORTATION § 1131 (5) RECOMMENDATIONS OF THE ADMINIS- TRATOR.—The Administrator may, from time to time, request the Board to consider revi- sions (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. (c) APPEALS.— (1) NOTIFICATION OF RIGHTS.—In any case in which an employee of the Board determines that an occurrence associated with the oper- ation of an aircraft constitutes an accident, the employee shall notify the owner or oper- ator of that aircraft of the right to appeal that determination to the Board. (2) PROCEDURE.—The Board shall establish and publish the procedures for appeals under this subsection. (3) LIMITATION ON APPLICABILITY.—This sub- section shall not apply in the case of an acci- dent that results in a loss of life. (Added Pub. L. 104–264, title IV, § 407(a)(1), Oct. 9, 1996, 110 Stat. 3257; amended Pub. L. 108–168, § 5, Dec. 6, 2003, 117 Stat. 2034.) Editorial Notes 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. AMENDMENTS 2003—Subsec. (c). Pub. L. 108–168 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE Except as otherwise specifically provided, section ap- plicable 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. MULTIMODAL ACCIDENT DATABASE MANAGEMENT SYSTEM Pub. L. 115–254, div. C, § 1108, Oct. 5, 2018, 132 Stat. 3433, provided that: ‘‘(a) ESTABLISHMENT.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the [Na- tional Transportation Safety] Board shall establish and maintain a multimodal accident database management system for Board investigators. ‘‘(b) PURPOSES.—The purposes of the system shall be to support the Board in improving— ‘‘(1) the quality of accident data the Board makes available to the public; and ‘‘(2) the selection of accidents for investigation and allocation of limited resources. ‘‘(c) REQUIREMENTS.—The system shall— ‘‘(1) maintain a historical record of accidents that are investigated by the Board; and ‘‘(2) be capable of the secure storage, retrieval, and management of information associated with the in- vestigations of such accidents.’’ SUBCHAPTER III—AUTHORITY § 1131. General authority (a) GENERAL.—(1) The National Transportation Safety Board shall investigate or have inves- tigated (in detail the Board prescribes) and es- tablish the facts, circumstances, and cause or probable cause of— (A) an aircraft accident the Board has au- thority to investigate under section 1132 of this title or an aircraft accident involving a public aircraft as defined by section 40102(a) 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, concurrent with any State investigation, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the rel- evant State agency; (C) a railroad— (i) accident in which there is a fatality or substantial property damage, except— (I) a grade crossing accident or incident, unless selected by the Board; or (II) an accident or incident involving a trespasser, unless selected by the Board; or (ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fa- talities or serious injuries to the passengers or crewmembers of such train, and— (I) was a grade crossing accident or inci- dent, unless selected by the Board; or (II) such accident or incident involved a trespasser, unless selected by the Board; (D) a pipeline accident in which there is a fa- tality, substantial property damage, or signifi- cant injury to the environment; (E) a major marine casualty (except a cas- ualty involving only public vessels) occurring on or under the navigable waters, internal wa- ters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988, or involving a vessel of the United States (as defined in section 116 of title 46), under regulations prescribed joint- ly by the Board and the head of the depart- ment in which the Coast Guard is operating; and (F) any other accident related to the trans- portation of individuals or property when the Board decides— (i) the accident is catastrophic; (ii) the accident involves problems of a re- curring 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 de- partment, agency, or instrumentality of the United States Government. The Board shall pro- vide for appropriate participation by other de- partments, agencies, or instrumentalities in the investigation. However, those departments, agencies, or instrumentalities may not partici- pate in the decision of the Board about the prob- able cause of the accident. Page 166 TITLE 49—TRANSPORTATION § 1131 (B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reason- ably 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 relinquish- ment 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 sus- pects and notifies the Board that an accident being investigated by the Board under subpara- graph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforce- ment agency, shall take necessary actions to en- sure that evidence of the criminal act is pre- served. (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 inves- tigate an accident under applicable law or to ob- tain information directly from the parties in- volved in, and witnesses to, the accident. The Board and other departments, agencies, and in- strumentalities shall ensure that appropriate in- formation developed about the accident is ex- changed 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 inves- tigate 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 sub- section (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 or the Secretary of the department in which the Coast Guard is operating may— (A) investigate an accident described under subsection (a) or (b) of this section in which misfeasance or nonfeasance by the Govern- ment 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 estab- lishing cause or probable cause of an accident described under subsection (a) or (b) of this sec- tion. (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— (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. (f) TIMELINESS OF REPORTS.—If any accident report under subsection (e) is not completed within 2 years from the date of the accident, the Board shall submit to the Committee on Trans- portation and Infrastructure of the House of Representatives and the Committee on Com- merce, Science, and Transportation of the Sen- ate a report identifying such accident report and the reasons for which such report has not been completed. The Board shall report progress to- ward completion of the accident report to each such Committees every 90 days thereafter, until such time as the accident report is completed. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103–411, § 3(c), Oct. 25, 1994, 108 Stat. 4237; Pub. L. 106–424, §§ 6(a), 7, Nov. 1, 2000, 114 Stat. 1885, 1886; Pub. L. 108–168, § 7, Dec. 6, 2003, 117 Stat. 2034; Pub. L. 109–443, § 9(b), (c), Dec. 21, 2006, 120 Stat. 3301; Pub. L. 115–254, div. C, § 1113(b), Oct. 5, 2018, 132 Stat. 3438; Pub. L. 117–263, div. K, title CXVI, § 11601(c)(3), Dec. 23, 2022, 136 Stat. 4146; Pub. L. 118–63, title XII, §§ 1210–1212, May 16, 2024, 138 Stat. 1425, 1426.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1131(a)(1) .... 49 App.:1903(a) (1)(A)–(E) (less last sentence of (E)), (F). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A)–(F), 88 Stat. 2168; Oct. 24, 1992, Pub. L. 102–508, § 303, 106 Stat. 3307. 1131(a)(2) .... 49 App.:1903(a)(1) (2d, 3d sentences). Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1) (less (A)–(F)), 88 Stat. 2168; Nov. 3, 1981, Pub. L. 97–74, § 3, 95 Stat. 1065. 1131(a)(3) .... 49 App.:1903(a)(1) (4th, 5th sen- tences). 1131(b) ........ 49 App.:1903(a)(1)(E) (last sentence). 1131(c) ........ 49 App.:1441(f). Aug. 23, 1958, Pub. L. 85–726, § 701(a)(4), (f), 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) (6th, last sen- tences). 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, § 304(a)(2), 88 Stat. 2168; July 19, 1988, Pub. L. 100–372, § 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 au- thority 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 Appen- dix pursuant to title VII of the Federal Aviation Act of Page 167 TITLE 49—TRANSPORTATION § 1131 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 ‘‘peo- ple’’ 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 sub- stituted for ‘‘obtained or developed’’ to eliminate un- necessary 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). Editorial Notes REFERENCES IN TEXT Presidential Proclamation No. 5928, referred to in subsec. (a)(1)(E), is set out as a note under section 1331 of Title 43, Public Lands. AMENDMENTS 2024—Subsec. (a)(1)(B). Pub. L. 118–63, § 1210(a), sub- stituted ‘‘selects, concurrent with any State investiga- tion, in which case the Board and the relevant State agencies shall coordinate to ensure both the Board and State agencies have timely access to the information needed to conduct each such investigation, including any criminal and enforcement activities conducted by the relevant State agency’’ for ‘‘selects in cooperation with a State’’. Subsec. (a)(1)(C). Pub. L. 118–63, § 1210(b), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: ‘‘a railroad accident in which there is a fatality or substantial property damage, or that in- volves a passenger train;’’. Subsec. (e). Pub. L. 118–63, § 1211, substituted ‘‘pub- lic—’’ and pars. (1) and (2) for ‘‘public at reasonable cost.’’ Subsec. (f). Pub. L. 118–63, § 1212, added subsec. (f). 2022—Subsec. (a)(1)(E). Pub. L. 117–263 substituted ‘‘section 116’’ for ‘‘section 2101(46)’’. 2018—Subsec. (a)(1)(A). Pub. L. 115–254 substituted ‘‘a public aircraft as defined by section 40102(a) of this title’’ for ‘‘a public aircraft as defined by section 40102(a)(37) of this title’’. 2006—Subsec. (a)(1)(E). Pub. L. 109–443, § 9(b), sub- stituted ‘‘on or under the navigable waters, internal waters, or the territorial sea of the United States as de- scribed in Presidential Proclamation No. 5928 of De- cember 27, 1988,’’ for ‘‘on the navigable waters or terri- torial sea of the United States,’’ and inserted ‘‘(as de- fined in section 2101(46) of title 46)’’ after ‘‘vessel of the United States’’. Subsec. (c)(1). Pub. L. 109–443, § 9(c), inserted ‘‘or the Secretary of the department in which the Coast Guard is operating’’ after ‘‘Transportation’’ in introductory provisions. 2003—Subsec. (a)(2)(B), (C). Pub. L. 108–168 realigned margins. 2000—Subsec. (a)(2). Pub. L. 106–424, § 6(a), designated existing provisions as subpar. (A), substituted ‘‘Subject to the requirements of this paragraph, an investiga- tion’’ for ‘‘An investigation’’, and added subpars. (B) and (C). Subsec. (d). Pub. L. 106–424, § 7, substituted ‘‘1134(a), (b), (d), and (f)’’ for ‘‘1134(b)(2)’’. 1994—Subsec. (a)(1)(A). Pub. L. 103–411, § 3(c)(1), in- serted 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’’. Subsecs. (d), (e). Pub. L. 103–411, § 3(c)(2), added sub- sec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–411, § 3(d), Oct. 25, 1994, 108 Stat. 4237, pro- vided 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].’’ 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. AIR SAFETY INVESTIGATORS Pub. L. 118–63, title XII, § 1222, May 16, 2024, 138 Stat. 1432, provided that: ‘‘(a) REMOVAL OF FAA [FEDERAL AVIATION ADMINIS- TRATION] MEDICAL CERTIFICATE REQUIREMENT.—Not later than 60 days after the date of enactment of this Act [May 16, 2024], the Director of the Office of Per- sonnel Management, in consultation with the Adminis- trator [of the Federal Aviation Administration] and the Chairman of the National Transportation Safety Board, shall take such actions as may be necessary to revise the eligibility requirements for the Air Safety Inves- tigating Series 1815 occupational series (and any simi- lar occupational series relating to transportation acci- dent investigating) to remove any requirement that an individual hold a current medical certificate issued by the Administrator. ‘‘(b) UPDATES TO OTHER REQUIREMENTS.— ‘‘(1) IN GENERAL.—Not later than 2 years after the date of enactment of this Act, the Director, in coordi- nation with the Administrator and Chairman, shall take such actions as may be necessary to update and revise experiential, educational, and other eligibility requirements for the Air Safety Investigating Series 1815 occupational series (and any similar occupa- tional series relating to transportation accident in- vestigating). ‘‘(2) CONSIDERATIONS.—In updating the require- ments under paragraph (1), the Director shall con- sider— ‘‘(A) the direct relationship between any require- ment and the duties expected to be performed by the position; ‘‘(B) changes in the skills and tools necessary to perform transportation accident investigations; and ‘‘(C) such other considerations as the Director, Administrator, or Chairman determines appro- priate.’’ REVISION OF 1977 AGREEMENT Pub. L. 108–168, § 3(b), Dec. 6, 2003, 117 Stat. 2033, pro- vided that: ‘‘Not later than 1 year after the date of en- actment of this Act [Dec. 6, 2003], the National Trans- portation Safety Board and the Federal Bureau of In- vestigation shall revise their 1977 agreement on the in- vestigation of accidents to take into account the amendments made by this section [amending section 1136 of this title] and shall submit a copy of the revised agreement to the Committee on Transportation and In- frastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.’’ Pub. L. 106–424, § 6(b), Nov. 1, 2000, 114 Stat. 1886, pro- vided 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 Page 168 TITLE 49—TRANSPORTATION § 1132 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, § 8, Nov. 1, 2000, 114 Stat. 1886, pro- vided 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 Under- standing governing major marine accidents— ‘‘(1) to redefine or clarify the standards used to de- termine 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.’’ § 1132. Civil aircraft accident investigations (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 notifi- cation and reporting of accidents involving civil aircraft. (c) PARTICIPATION OF SECRETARY.—The Board shall provide for the participation of the Sec- retary of Transportation in the investigation of an aircraft accident under this chapter when participation is necessary to carry out the du- ties and powers of the Secretary. However, the Secretary may not participate in establishing probable cause. (d) ACCIDENTS INVOLVING ONLY MILITARY AIR- CRAFT.—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. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 753.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1132(a)(1) .... 49 App.:1441(a)(2). Aug. 23, 1958, Pub. L. 85–726, §§ 701(a)(1), (2), (c) (1st sentence), (g), 702, 72 Stat. 781, 782. 49 App.:1442(a). 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), 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). HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 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, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 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 ac- cident 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 Depart- ment 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 Sec- retary of Transportation. However, the Secretary was to carry out certain provisions through the Adminis- trator. 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 re- sponsibilities’’ to eliminate unnecessary words. The words ‘‘or his representatives’’ are omitted because of 49:322(b). § 1133. Review of other agency action 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 registra- tion 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. (Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 754.)