Sec.
1901. Congressional findings.
1902. National Transportation Safety Board.
1903. General provisions.
1904. Annual report.
1905. Public access to information.
1906. Response to Board recommendations.
1907. Authorization of appropriations.
Sec. 1901. Congressional findings
The Congress finds and declares:
(1) The National Transportation Safety Board was established by statute
in 1966 (Public Law 89-670; 80 Stat. 935) as an independent Government
agency, located within the Department of Transportation, to promote
transportation safety by conducting independent accident investigations and
by formulating safety improvement recommendations.
(2) Proper conduct of the responsibilities assigned to this Board
requires vigorous investigation of accidents involving transportation modes
regulated by other agencies of Government; demands continual review,
appraisal, and assessment of the operating practices and regulations of all
such agencies; and calls for the making of conclusions and recommendations
that may be critical of or adverse to any such agency or its officials. No
Federal agency can properly perform such functions unless it is totally
separate and independent from any other department, bureau, commission, or
agency of the United States.
(Pub. L. 93-633, title III, Sec. 302, Jan. 3, 1975, 88 Stat. 2166.)
References in Text
Public Law 89-670; 80 Stat. 935, referred to in par. (1), is Pub. L. 89-
670, Oct. 15, 1966, 80 Stat. 931, as amended, known as the Department of
Transportation Act, which was classified principally to chapter 23 (Sec. 1651
et seq.) of this Appendix. The Act was substantially repealed and the
provisions thereof reenacted in subtitle I (Sec. 101 et seq.) of Title 49,
Transportation, by Pub. L. 97-449, Jan. 12, 1983, 96 Stat. 2413. For complete
classification of this Act to the Code, see Short Title note set out under
section 1651 of this Appendix and Tables. For disposition of section in
revised Title 49, see Table at the beginning of Title 49.
Short Title of 1990 Amendment
Pub. L. 101-641, Sec. 1, Nov. 28, 1990, 104 Stat. 4654, provided that:
"This Act [enacting section 1657-1 of this Appendix, amending sections 1903,
1905, and 1907 of this Appendix, section 1988 of Title 15, Commerce and
Trade, and section 562 of Title 45, Railroads, and enacting provisions set
out as notes under section 1804 of this Appendix, section 1988 of Title 15
and section 562 of Title 45] may be cited as the 'Independent Safety Board
Act Amendments of 1990'."
Short Title of 1988 Amendment
Pub. L. 100-372, Sec. 1, July 19, 1988, 102 Stat. 876, provided that:
"This Act [amending sections 1903, 1906, and 1907 of this Appendix] may
be cited as the 'Independent Safety Board Act Amendments of 1988'."
Short Title of 1981 Amendment
Pub. L. 97-74, Sec. 1, Nov. 3, 1981, 95 Stat. 1065, provided: "That this
Act [amending sections 1903, 1906, and 1907 of this Appendix] may be cited as
the 'Independent Safety Board Act Amendments of 1981'."
Short Title of 1978 Amendment
Pub. L. 95-363, Sec. 1, Sept. 11, 1978, 92 Stat. 597, provided: "That this
Act [amending section 1907 of this Appendix] may be cited as the 'Independent
Safety Board Act Amendment of 1978'."
Short Title
Section 301 of Pub. L. 93-633 provided that: "This title [enacting this
chapter, amending section 1653 of this Appendix, and repealing section 1654
of this Appendix] may be cited as the 'Independent Safety Board Act of
1974'."
Sec. 1902. National Transportation Safety Board
(a) Establishment
The National Transportation Safety Board (hereafter in this chapter
referred to as the "Board"), previously established within the Department of
Transportation, shall be an independent agency of the United States, in
accordance with this section, on and after April 1, 1975.
(b) Organization
(1) The Board shall consist of five members, including a Chairman. Members
of the Board shall be appointed by the President, by and with the advice and
consent of the Senate. No more than three members of the Board shall be of
the same political party. At any given time, no less than three members of
the Board shall be individuals who have been appointed on the basis of
technical qualification, professional standing, and demonstrated knowledge in
the fields of accident reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation.
(2) The terms of office of members of the Board shall be 5 years, except as
otherwise provided in this paragraph. Any individual appointed to fill a
vacancy occurring on the Board prior to the expiration of the term of office
for which his predecessor was appointed shall be appointed for the remainder
of that term. Upon the expiration of his term of office, a member shall
continue to serve until his successor is appointed and shall have qualified.
Individuals serving as members of the National Transportation Safety Board on
January 3, 1975, shall continue to serve as members of the Board until the
expiration of their then current term of office. Any member of the Board may
be removed by the President for inefficiency, neglect of duty, or malfeasance
in office.
(3) On or before January 1, 1976 (and thereafter as required), the
President shall--
(A) designate, by and with the advice and consent of the Senate, an
individual to serve as the Chairman of the Board (hereafter in this chapter
referred to as the "Chairman"); and
(B) an individual to serve as Vice Chairman.
The Chairman and Vice Chairman each shall serve for a term of 2 years. The
Chairman shall be the chief executive officer of the Board and shall exercise
the executive and administrative functions of the Board with respect to the
appointment and supervision of personnel employed by the Board; the
distribution of business among such personnel and among any administrative
units of the Board; and the use and expenditure of funds. The Vice Chairman
shall act as Chairman in the event of the absence or incapacity of the
Chairman or in case of a vacancy in the office of Chairman. The Chairman or
Acting Chairman shall be governed by the general policies established by the
Board, including any decisions, findings, determinations, rules, regulations,
and formal resolutions.
(4) Three members of the Board shall constitute a quorum for the
transaction of any function of the Board.
(5) The Board shall establish and maintain distinct and appropriately
staffed bureaus, divisions, or offices to investigate and report on accidents
involving each of the following modes of transportation: (A) aviation; (B)
highway and motor vehicle; (C) railroad and tracked vehicle; and (D)
pipeline. The Board shall, in addition, establish and maintain any other such
office as is needed, including an office to investigate and report on the
safe transportation of hazardous materials.
(c) General
(1) The General Services Administration shall furnish the Board with such
offices, equipment, supplies, and services as it is authorized to furnish to
any other agency or instrumentality of the United States.
(2) The Board shall have a seal which shall be judicially recognized.
(3) Subject to the civil service and classification laws, the Board is
authorized to select, appoint, employ, and fix the compensation of such
officers and employees, including investigators, attorneys, and
administrative law judges, as shall be necessary to carry out its powers and
duties under this chapter.
(Pub. L. 93-633, title III, Sec. 303, Jan. 3, 1975, 88 Stat. 2167; Pub. L.
97-309, Sec. 1, Oct. 14, 1982, 96 Stat. 1453.)
References in Text
The civil service laws, referred to in subsec. (c), are set out in Title 5,
Government Organization and Employees. See, particularly, section 3301 et
seq. of that Title.
The classification laws, referred to in subsec. (c)(3), are classified
generally to chapter 51 (Sec. 5101 et seq.) and to subchapter III (Sec. 5331
et seq.) of chapter 53 of Title 5.
Prior Provisions
Provisions similar to those comprising this section were contained in Pub.
L. 89-670, Sec. 5, Oct. 15, 1966, 80 Stat. 935, which was classified to
section 1654 of this Appendix and which was repealed by Pub. L. 93-633, title
III, Sec. 308(1), Jan. 3, 1975, 88 Stat. 2173.
Amendments
1982--Subsec. (b)(1). Pub. L. 97-309 substituted "At any given time, no
less than three members of the Board shall be individuals who have been
appointed on the basis of technical qualification, professional standing, and
demonstrated knowledge in the fields of accident reconstruction, safety
engineering, human factors, transportation safety, or transportation
regulation" for "At any given time, no less than two members of the Board
shall be individuals who have been appointed in the field of accident
reconstruction, safety engineering, or transportation safety".
Reappointment of Board Members Serving on October 14, 1982
Section 1 of Pub. L. 97-309 provided in part that: "The amendment made by
the preceding sentence [amending subsec. (b)(1) of this section] shall not
preclude the reappointment of any individual serving as a member of the Board
on the date of enactment of this Act [Oct. 14, 1982]."
Sec. 1903. General provisions
(a) Duties of Board
The Board shall--
(1) investigate or cause to be investigated (in such detail as it shall
prescribe), and determine the facts, conditions, and circumstances and the
cause or probable cause or causes of any--
(A) aircraft accident which is within the scope of the functions,
powers, and duties transferred from the Civil Aeronautics Board under
section 1655(d) of this Appendix pursuant to title VII of the Federal
Aviation Act of 1958, as amended [49 App. U.S.C. 1441 et seq.];
(B) highway accident, including any railroad grade crossing accident,
that it selects in cooperation with the States;
(C) railroad accident in which there is a fatality, substantial
property damage, or which involves a passenger train;
(D) pipeline accident in which there is a fatality or substantial
property damage or significant injury to the environment;
(E) major marine casualty, except one involving only public vessels,
occurring on the navigable waters or territorial seas of the United
States, or involving a vessel of the United States, in accordance with
regulations to be prescribed jointly by the Board and the Secretary of
the department in which the Coast Guard is operating. Nothing in this
subparagraph shall be construed to eliminate or diminish any
responsibility under any other Federal statute of the Secretary of the
Department in which the Coast Guard is operating: Provided, That any
marine accident involving a public vessel and any other vessel shall be
investigated and the facts, conditions, and circumstances, and the cause
or probable cause determined and made available to the public by either
the Board or the Secretary of the Department in which the Coast Guard is
operating; and
(F) other accident which occurs in connection with the transportation
of people or property which, in the judgment of the Board, is
catastrophic, involves problems of a recurring character, or would
otherwise carry out the policy of this chapter.
Any investigation of an accident conducted by the Board under this
paragraph (other than subparagraph (E)) shall have priority over all other
investigations of such accident conducted by other Federal agencies. The
Board shall provide for the appropriate participation by other Federal
agencies in any such investigation, except that such agencies may not
participate in the Board's determination of the probable cause of the
accident. Nothing in this section impairs the authority of other Federal
agencies to conduct investigations of an accident under applicable
provisions of law or to obtain information directly from parties involved
in, and witnesses to, the transportation accident. The Board and other
Federal agencies shall assure that appropriate information obtained or
developed in the course of their investigations is exchanged in a timely
manner. The Board may request the Secretary of Transportation (hereafter in
this chapter referred to as the "Secretary") to make investigations with
regard to such accidents and to report to the Board the facts, conditions,
and circumstances thereof (except in accidents where misfeasance or
nonfeasance by the Federal Government is alleged), and the Secretary or his
designees are authorized to make such investigations. Thereafter, the
Board, utilizing such reports, shall make its determination of cause or
probable cause under this paragraph;
(2) report in writing on the facts, conditions, and circumstances of each
accident investigated pursuant to paragraph (1) of this subsection and
cause such reports to be made available to the public at reasonable cost;
(3) issue periodic reports to the Congress, Federal, State, and local
agencies concerned with transportation safety, and other interested persons
recommending and advocating meaningful responses to reduce the likelihood
of recurrence of transportation accidents similar to those investigated by
the Board and proposing corrective steps to make the transportation of
persons as safe and free from risk of injury as is possible, including
steps to minimize human injuries from transportation accidents;
(4) initiate and conduct special studies and special investigations on
matters pertaining to safety in transportation including human injury
avoidance;
(5) assess and reassess techniques and methods of accident investigation
and prepare and publish from time to time recommended procedures for
accident investigations;
(6) establish by regulation requirements binding on persons reporting
(A) accidents and aviation incidents subject to the Board's investigatory
jurisdiction under this subsection, and (B) accidents and aviation
incidents involving public aircraft other than aircraft of the Armed
Forces and the Intelligence Agencies;
(7) evaluate, assess the effectiveness, and publish the findings of the
Board with respect to the transportation safety consciousness and efficacy
in preventing accidents of other Government agencies;
(8) evaluate the adequacy of safeguards and procedures concerning the
transportation of hazardous materials and the performance of other
Government agencies charged with assuring the safe transportation of such
materials; and
(9) review on appeal (A) the suspension, amendment, modification,
revocation, or denial of any operating certificate or license issued by the
Secretary of Transportation under sections 602, 609, or 611(c) /1/ of the
Federal Aviation Act of 1958 [49 App. U.S.C. 1422, 1429, or 1431(c)] and
the revocation of any certificate of registration under section 501(e)(2)
of such Act [49 App. U.S.C. 1401(e)(2)]; and (B) the decisions of the
Commandant of the Coast Guard, on appeals from the orders of any
administrative law judge revoking, suspending, or denying a license,
certificate, document, or register in proceedings under chapter 77 or
section 6101, 6301, 7503, or 9303 of title 46.
NOTE /1/ See References in Text note below.
(b) Powers of Board
(1) The Board, or upon the authority of the Board, any member thereof, any
administrative law judge employed by or assigned to the Board, or any officer
or employee duly designated by the Chairman, may, for the purpose of carrying
out this chapter, hold such hearings, sit and act at such times and places,
administer such oaths, and require by subpoena or otherwise the attendance
and testimony of such witnesses and the production of such evidence as the
Board or such officer or employee deems advisable. Subpoenas shall be issued
under the signature of the Chairman, or his delegate, and may be served by
any person designated by the Chairman. Witnesses summoned to appear before
the Board shall be paid the same fees and mileage that are paid witnesses in
the courts of the United States. Such attendance of witnesses and production
of evidence may be required from any place in the United States to any
designated place of such hearing in the United States.
(2) Any employee of the Board, upon presenting appropriate credentials and
a written notice of inspection authority, is authorized to enter any property
wherein a transportation accident has occurred or wreckage from any such
accident is located and do all things therein necessary for a proper
investigation, including examination or testing of any vessel, vehicle,
rolling stock, track, or pipeline component or any part of any such item
when such examination or testing is determined to be required for purposes
of such investigation. Any examination or testing shall be conducted in such
manner so as not to interfere with or obstruct unnecessarily the
transportation services provided by the owner or operator of such vessel,
vehicle, rolling stock, track, or pipeline component, and shall be conducted
in such a manner so as to preserve, to the maximum extent feasible, any
evidence relating to the transportation accidents, consistent with the needs
of the investigation and with the cooperation of such owner or operator. The
employee may inspect, at reasonable times, records, files, papers,
processes, controls, and facilities relevant to the investigation of such
accident. Each inspection, examination, or test shall be commenced and
completed with reasonable promptness and the results of such inspection,
examination, or test made available. The Board shall have sole authority to
determine the manner in which testing will be carried out under this
paragraph and under section 701(c) of the Federal Aviation Act of 1958 [49
U.S.C. App. 1441(c)], including determining the persons who will conduct the
test, the type of test which will be conducted, and the persons who will
witness the test. Such determinations are committed to the discretion of the
Board and shall be made on the basis of the needs of the investigation being
conducted by the Board and, where applicable, the provisions of this
paragraph.
(3) In case of contumacy or refusal to obey a subpoena, an order, or an
inspection notice of the Board, or of any duly designated employee thereof,
by any person who resides, is found, or transacts business within the
jurisdiction of any district court of the United States, such district court
shall, upon the request of the Board, have jurisdiction to issue to such
person an order requiring such person to comply forthwith. Failure to obey
such an order is punishable by such court as a contempt of court.
(4) The Board is authorized to enter into without regard to section 5 of
title 41, such contracts, leases, cooperative agreements, or other
transactions as may be necessary in the conduct of the functions and the
duties of the Board under this chapter, with any government entity or any
person.
(5) The Board is authorized to obtain, and shall be furnished, with or
without reimbursement, a copy of the report of the autopsy performed by State
or local officials on any person who dies as a result of having been involved
in a transportation accident within the jurisdiction of the Board and, if
necessary, the Board may order the autopsy or seek other tests of such
persons as may be necessary to the investigation of the accident: Provided,
That to the extent consistent with the need of the accident investigation,
provisions of local law protecting religious beliefs with respect to
autopsies shall be observed.
(6) The Board is authorized to (A) use, on a reimbursable basis or
otherwise, when appropriate, available services, equipment, personnel, and
facilities of the Department of Transportation and of other civilian or
military agencies and instrumentalities of the Federal Government; (B) confer
with employees and use available services, records, and facilities of State,
municipal, or local governments and agencies; (C) employ experts and
consultants in accordance with section 3109 of title 5; (D) appoint one or
more advisory committees composed of qualified private citizens or officials
of Federal, State, or local governments as it deems necessary or appropriate,
in accordance with the Federal Advisory Committee Act; (E) accept voluntary
and uncompensated services notwithstanding any other provision of law; (F)
accept gifts or donations of money or property (real, personal, mixed,
tangible, or intangible); (G) enter into contracts with public or private
nonprofit entities for the conduct of studies related to any of its
functions; and (H) require payment or other appropriate consideration from
Federal agencies, and State, local, and foreign governments for the
reasonable cost of goods and services supplied by the Board and to apply
the funds received to the Board's appropriations.
(7) Whenever the Board submits or transmits any budget estimate, budget
request, supplemental budget estimate, or other budget information,
legislative recommendation, prepared testimony for congressional hearings, or
comment on legislation to the President or to the Office of Management and
Budget, it shall concurrently transmit a copy thereof to the Congress. No
officer or agency of the United States shall have any authority to require
the Board to submit its budget requests or estimates, legislative
recommendations, prepared testimony for congressional hearings, or comments
on legislation to any officer or agency of the United States for approval,
comments, or review, prior to the submission of such recommendations,
testimony, or comments to the Congress.
(8) The Board is empowered to designate representatives to serve or assist
on such committees as the Chairman determines to be necessary or appropriate
to maintain effective liaison with other Federal agencies, and with State and
local government agencies, and with independent standard-setting bodies
carrying out programs and activities related to transportation safety.
(9) The Board, or an employee of the Board duly designated by the Chairman,
may conduct an inquiry to secure data with respect to any matter pertinent to
transportation safety, upon publication of notice of such inquiry in the
Federal Register; and may require, by special or general orders, Federal,
State, and local government agencies and persons engaged in the
transportation of people or property in commerce to submit written reports
and answers to such requests and questions as are propounded with respect to
any matter pertinent to any function of the Board. Such reports and answers
shall be submitted to the Board or to such employee within such reasonable
period of time and in such form as the Board may determine. Copies thereof
shall be made available for inspection by the public.
(10) The Board may at any time utilize on a reimbursable basis the
services of the Transportation Safety Institute of the Department of
Transportation (established for the purpose of developing courses and
conducting training in safety and security for all modes of transportation)
or any successor organization. The Secretary shall continue to make
available such Institute or successor organization (A) to the Board for
safety training of employees of the Board in the performance of all of their
authorized functions, and (B) to such other safety personnel of Federal,
interstate, State, local, and foreign governments and non-governmental
organizations as the Board may from time to time designate in consultation
with the Secretary. Utilization of such training at the Institute or
successor organization by any designated non-Federal safety personnel shall
be at a reasonable fee to be established periodically by the Board in
consultation with the Secretary. Such fee shall be paid directly to the
Secretary for the credit of the proper appropriation, subject to the
requirements of any annual appropriation, and shall be an offset against any
annual reimbursement agreement entered into between the Board and the
Secretary to cover all reasonable direct and indirect costs incurred for all
such training by the Secretary in the administration and operation of the
Institute or successor organization. The Board shall maintain an annual
record of all such offsets. In providing such training to Federal employees,
the Board shall be subject to chapter 41 of title 5 (relating to training of
employees).
(11)(A) Notwithstanding section 503(e) of the Act entitled "An Act making
supplemental appropriations for the fiscal year ending September 30, 1987,
and for other purposes", approved July 11, 1987 (5 U.S.C. 7301 note), the
Board is authorized to obtain from the Secretary of Transportation, by
written request, and shall be furnished--
(i) any report of a confirmed positive toxicological test, verified as
positive by a medical review officer, which is conducted on an employee
of the Department of Transportation, including any of its agencies,
pursuant to post-accident, unsafe practice, or reasonable suspicion
toxicological testing requirements of the Department, when that employee
is reasonably associated with the circumstances of an accident or
incident within the investigative jurisdiction of the Board; and
(ii) any laboratory record providing documentation that such test is
confirmed positive.
(B) Except as provided in subparagraph (C), the Board shall maintain in
confidence and exempt from public disclosure in accordance with section
552(b)(3) of title 5--
(i) any laboratory record, made available under subparagraph (A), of a
confirmed and verified toxicological test which reveals medical use of a
drug permitted under applicable regulations; and
(ii) any medical information provided by the tested employee in
connection with such test or in connection with a review of such test.
(C) The Board may use such a laboratory record for development of any
evidentiary record in an investigation by the Board of an accident or
incident if--
(i) the fitness of the employee who is the subject of the
toxicological testing is at issue in the investigation; and
(ii) the use of that record is necessary in the development of such
evidentiary record.
(12) Establish such rules and regulations as may be necessary to the
exercise of its functions.
(c) Use of reports as evidence
No part of any report of the Board, relating to any accident or the
investigation thereof, shall be admitted as evidence or used in any suit or
action for damages growing out of any matter mentioned in such report or
reports.
(d) Judicial review
Any order, affirmative or negative, issued by the Board under this chapter
shall be subject to review by the appropriate court of appeals of the United
States or the United States Court of Appeals for the District of Columbia,
upon petition filed within 60 days after the entry of such order, by any
person disclosing a substantial interest in such order. Such review shall be
conducted in accordance with the provisions of chapter 7 of title 5.
(Pub. L. 93-633, title III, Sec. 304, Jan. 3, 1975, 88 Stat. 2168; Pub. L.
97-74, Secs. 3-5, Nov. 3, 1981, 95 Stat. 1065; Pub. L. 98-499, Sec. 4(b),
Oct. 19, 1984, 98 Stat. 2315; Pub. L. 100-223, title III, Sec. 311(a),
Dec. 30, 1987, 101 Stat. 1528; Pub. L. 100-372, Secs. 3(a), 4, 5, July 19,
1988, 101 Stat. 876, 877; Pub. L. 101-641, Secs. 3, 6, Nov. 28, 1990, 104
Stat. 4654, 4657; Pub. L. 102-508, title III, Sec. 303, Oct. 24, 1992, 106
Stat. 3307.)
References in Text
The Federal Aviation Act of 1958, as amended, referred to in subsecs.
(a)(1)(A), (b)(2), is Pub. L. 85-726, Aug. 23, 1958, 72 Stat. 731, as
amended. Title VII of the Federal Aviation Act of 1958 is classified
generally to subchapter VII (Sec. 1441 et seq.) of chapter 20 of this
Appendix. For complete classification of this Act to the Code, see Short
Title note set out under section 1301 of this Appendix and Tables.
Section 611(c) of the Federal Aviation Act of 1958 [49 App. U.S.C.
1431(c)], referred to in subsec. (a)(9), was redesignated section 611(e) [49
App. U.S.C. 1431(e)] by Pub. L. 92-574, Sec. 7(b), Oct. 27, 1972, 86 Stat.
1239.
Federal Advisory Committee Act, referred to in subsec. (b)(6)(D), is Pub.
L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is set out in the
Appendix to Title 5, Government Organization and Employees.
Codification
In subsec. (a)(9), "chapter 77 or section 6101, 6301, 7503, or 9303 of
title 46" was substituted for "section 4450 of the Revised Statutes of the
United States (46 U.S.C. 239); the Act of July 15, 1954 [46 U.S.C. 239a,
239b]; or section 4 of the Great Lakes Pilotage Act [46 U.S.C. 216b]" on
authority of Pub. L. 98-89, Sec. 2(a), Aug. 26, 1983, 97 Stat. 598, section 1
of which enacted Title 46, Shipping.
Amendments
1992--Subsec. (a)(1)(D). Pub. L. 102-508 inserted "or significant injury to
the environment" after "substantial property damage".
1990--Subsec. (b)(2). Pub. L. 101-641, Sec. 3, inserted "vessel," before
"vehicle" in two places and added at end the following new sentences: "The
Board shall have sole authority to determine the manner in which testing
will be carried out under this paragraph and under section 701(c) of the
Federal Aviation Act of 1958 [49 U.S.C. App. 1441(c)], including determining
the persons who will conduct the test, the type of test which will be
conducted, and the persons who will witness the test. Such determinations
are committed to the discretion of the Board and shall be made on the basis
of the needs of the investigation being conducted by the Board and, where
applicable, the provisions of this paragraph."
Subsec. (b)(11), (12). Pub. L. 101-641, Sec. 6, added par. (11) and
redesignated former par. (11) as (12).
1988--Subsec. (a)(2). Pub. L. 100-372, Sec. 3(a), struck out "and to cause
notice of the issuance and availability of such reports to be published in
the Federal Register" before semicolon at end.
Subsec. (b)(6)(H). Pub. L. 100-372, Sec. 5, added cl. (H).
Subsec. (b)(10), (11). Pub. L. 100-372, Sec. 4, added par. (10) and
redesignated former par. (10) as (11).
1987--Subsec. (a)(6). Pub. L. 100-223 amended par. (6) generally. Prior
to amendment, par. (6) read as follows: "establish by regulation
requirements binding on persons reporting accidents and aviation
incidents subject to the Board's investigatory jurisdiction under this
subsection."
1984--Subsec. (a)(9)(A). Pub. L. 98-499 inserted "and the revocation of any
certificate of registration under section 501(e)(2) of such Act" before the
semicolon at end.
1981--Subsec. (a)(1). Pub. L. 97-74, Sec. 3, added provision that any
investigation of an accident conducted by the Board under subsec. (a)(1)
(other than subparagraph (E)) have priority over all other investigations of
such accident conducted by other Federal agencies, that the Board provide for
the appropriate participation by other Federal agencies in any such
investigation, except that such agencies may not participate in the Board's
determination of the probable cause of the accident, that nothing in this
section impairs the authority of other Federal agencies to conduct
investigations of an accident under applicable provisions of law or to obtain
information directly from parties involved in, and witnesses to, the
transportation accident, and that the Board and other Federal agencies assure
that appropriate information obtained or developed in the course of their
investigations is exchanged in a timely manner.
Subsec. (a)(6). Pub. L. 97-74, Sec. 4, inserted reference to aviation
incidents.
Subsec. (b)(2). Pub. L. 97-74, Sec. 5, added provisions authorizing the
making of an examination or test of any vehicle, rolling stock, track, or
pipeline component or any part of any such item when an examination or
testing is determined to be required for purposes of an investigation and
provided that any examination or testing be conducted in such manner so as
not to interfere with or obstruct unnecessarily the transportation services
provided by the owner or operator of the vehicle, rolling stock, track, or
pipeline component, and be conducted in such a manner so as to preserve, to
the maximum extent feasible, any evidence relating to the transportation
accident, consistent with the needs of the investigation and with the
cooperation of the owner or operator.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-499 applicable with respect to acts and violations
occurring after Oct. 19, 1984, see section 7 of Pub. L. 98-499 set out as a
note under section 1401 of this Appendix.
Termination of Civil Aeronautics Board; Transfer of Functions; Termination of
Authority
The Civil Aeronautics Board terminated on Jan. 1, 1985, and all functions,
powers, and duties of the Board were terminated or transferred by section
1551 of this Appendix, effective in part on Dec. 31, 1981, in part on Jan. 1,
1983, and in part on Jan. 1, 1985.
Report to Congress
Section 311(b) of Pub. L. 100-223 provided that: "Not later than 18 months
after the date of the enactment of this Act [Dec. 30, 1987], the National
Transportation Safety Board shall report to the Congress its findings on
public aircraft accidents and incidents."
Cross References
Investigation of marine casualties by Secretary of Transportation, see
section 6301 et seq. of Title 46, Shipping.
Sec. 1904. Annual report
The Board shall report to the Congress on July 1 of each year. Such report
shall include, but need not be limited to--
(1) a statistical and analytical summary of the transportation accident
investigations conducted and reviewed by the Board during the preceding
calendar year;
(2) a survey and summary, in such detail as the Board deems advisable, of
the recommendations made by the Board to reduce the likelihood of
recurrence of such accidents together with the observed response to each
such recommendation;
(3) an appraisal in detail of the accident investigation and accident
prevention activities of other government agencies charged by Federal or
State law with responsibility in this field; and
(4) a biennial appraisal and evaluation and review, and recommendations
for legislative and administrative action and change, with respect to
transportation safety.
(Pub. L. 93-633, title III, Sec. 305, Jan. 3, 1975, 88 Stat. 2171.)
Sec. 1905. Public access to information
(a) General
Copies of any communication, document, investigation, or other report, or
information received or sent by the Board, or any member or employee of the
Board, shall be made available to the public upon identifiable request, and
at reasonable cost, unless such information may not be publicly released
pursuant to subsection (b) or (c) of this section. Nothing contained in this
section shall be deemed to require the release of any information described
by subsection (b) of section 552 of title 5, or which is otherwise protected
by law from disclosure to the public.
(b) Exception
The Board shall not disclose information obtained under this chapter which
concerns or relates to a trade secret referred to in section 1905 of title
18, except that such information may be disclosed in a manner designed to
preserve confidentiality--
(1) upon request, to other Federal Government departments and agencies
for official use;
(2) upon request, to any committee of Congress having jurisdiction over
the subject matter to which the information relates;
(3) in any judicial proceeding under a court order formulated to preserve
the confidentiality of such information without impairing the proceedings;
and
(4) to the public in order to protect health and safety, after notice to
any interested person to whom the information pertains and an opportunity
for such person to comment in writing, or orally in closed session, on such
proposed disclosure (if the delay resulting from such notice and
opportunity for comment would not be detrimental to health and safety).
(c) Public disclosure of cockpit voice recorder recordings and
transcriptions
(1) Notwithstanding any other provision of law, the Board shall withhold
from public disclosure cockpit voice recorder recordings and transcriptions,
in whole or in part, of oral communications by and between flight crew
members and ground stations, that are associated with accidents or incidents
investigated by the Board.
(2) Portions of a transcription of oral communications described in
paragraph (1) which the Board determines relevant and pertinent to the
accident or incident under investigation shall be made available to the
public by the Board--
(A) if the Board conducts a public hearing with respect to such
accident or incident, at the time of such hearing; and
(B) if the Board does not conduct such a public hearing, at the time
when a majority of other factual reports regarding the accident or
incident is placed in the public docket.
(3) Nothing in this section shall restrict the Board at any time from
referring to cockpit voice recorder information in making safety
recommendations.
(d) Use of cockpit voice Recorder recordings and transcriptions in
judicial proceedings
(1) Except as provided in this subsection, in a judicial proceeding,
there shall not be discovery by a party--
(A) of portions of cockpit voice recorder transcriptions other than
such portions made available to the public by the Board under subsection
(c)(2) of this section; and
(B) of cockpit voice recorder recordings.
(2) Subject to paragraph (4), a court may permit discovery of cockpit
voice recorder transcriptions by a party if the court, after an in camera
review of such transcriptions, finds that--
(A) the portions of the transcriptions made available to the public
under subsection (c) of this section do not provide the party with
sufficient information for the party to receive a fair trial; and
(B) discovery of additional portions of transcriptions is necessary to
provide the party with sufficient information for the party to receive a
fair trial.
No cockpit voice recorder transcriptions prepared by or under the direction
of the Board, other than portions made available by the Board under
subsection (c) of this section, shall be required to be produced for an in
camera review, or shall be subject to discovery, unless the cockpit voice
recorder recordings are not available.
(3) Subject to paragraph (4), a court may permit discovery of cockpit
voice recorder recordings by a party if the court, after an in camera review
of such recordings, finds that--
(A) the portions of transcriptions made available to the public under
subsection (c) of this section and to the party through discovery
under paragraph (2) do not provide the party with sufficient information
for the party to receive a fair trial; and
(B) discovery of cockpit voice recorder recordings is necessary to
provide the party with sufficient information for the party to receive a
fair trial.
(4) If, under paragraph (2) or (3), there is discovery in a judicial
proceeding of a cockpit voice recorder recording or any portion of a cockpit
voice recorder transcription not made available to the public under
subsection (c)(2) of this section, the court shall issue a protective order
to limit the use of such recording or portion to the judicial proceeding and
to prohibit dissemination of such recording or portion to any person who
does not need access to such recording or portion for such proceeding.
(5) A court may permit admission of a cockpit voice recorder recording or
any portion of a cockpit voice recorder transcription not made available to
the public under subsection (c)(2) of this section into evidence in a
judicial proceeding, only if the court places such recording or portion
under seal to preclude the use of such recording or portion for purposes
other than for such proceeding.
(Pub. L. 93-633, title III, Sec. 306, Jan. 3, 1975, 88 Stat. 2172; Pub. L.
97-309, Sec. 2, Oct. 14, 1982, 96 Stat. 1453; Pub. L. 101-641, Sec. 4, Nov.
28, 1990, 104 Stat. 4654.)
Amendments
1990--Subsecs. (c), (d). Pub. L. 101-641 amended subsec. (c) generally and
added subsec. (d). Prior to amendment, subsec. (c) read as follows:
"Notwithstanding any other provision of law, the Board shall withhold from
public disclosure cockpit voice recorder recordings and transcriptions, in
whole or in part, of oral communications by and between flight crew members
and ground stations, that are associated with accidents or incidents
investigated by the Board: Provided, That portions of a transcription of
such oral communications which the Board deems relevant and pertinent to the
accident or incident shall be made available to the public by the Board at
the time of the Board's public hearing, and in no event later than 60 days
following the accident or incidents: And provided further, That nothing in
this section shall restrict the Board at any time from referring to cockpit
voice recorder information in making safety recommendations."
1982--Subsec. (a). Pub. L. 97-309 inserted reference to subsec. (c) of this
section.
Subsec. (c). Pub. L. 97-309 added subsec. (c).
Sec. 1906. Response to Board recommendations
(a) Secretary's duty to respond; contents of response; publication; public
availability of copies
Whenever the Board submits a recommendation regarding transportation safety
to the Secretary, he shall respond to each such recommendation formally and
in writing not later than 90 days after receipt thereof. The response to the
Board by the Secretary shall indicate his intention to--
(1) initiate and conduct procedures for adopting such recommendations in
full, pursuant to a proposed timetable, a copy of which shall be included;
(2) initiate and conduct procedures for adopting such recommendation in
part, pursuant to a proposed timetable, a copy of which shall be included.
Such response shall set forth in detail the reasons for the refusal to
proceed as to the remainder of such recommendation; or
(3) refuse to initiate or conduct procedures for adopting such
recommendation. Such response shall set forth in detail the reasons for
such refusal.
The Board shall make copies of each such recommendation and response thereto
available to the public at resonable cost.
(b) Annual report to Congress
The Secretary shall submit a report to the Congress on January 1 of each
year setting forth all the Board's recommendations to the Secretary during
the preceding year regarding transportation safety and a copy of the
Secretary's response to each such recommendation.
(Pub. L. 93-633, title III, Sec. 307, Jan. 3, 1975, 88 Stat. 2172; Pub. L.
97-74, Sec. 6, Nov. 3, 1981, 95 Stat. 1066; Pub. L. 100-372, Sec. 3(b),
July 19, 1988, 102 Stat. 876.)
Amendments
1988--Subsec. (a). Pub. L. 100-372 amended the last sentence generally.
Prior to amendment, sentence read "The Board shall cause notice of the
issuance of each such recommendation and of each receipt of a response
thereto to be published in the Federal Register, and shall make copies
thereof available to the public at reasonable cost."
1981--Pub. L. 97-74 designated existing provisions as subsec. (a) and added
subsec. (b).
Sec. 1907. Authorization of appropriations
(a) There are authorized to be appropriated for the purposes of this Act
not to exceed $12,000,000 for the fiscal year ending June 30, 1975; and
$12,000,000 for the fiscal year ending June 30, 1976, such sums to remain
available until expended. There are authorized to be appropriated for the
purpose of this Act not to exceed $3,800,000 for the transition quarter
ending September 30, 1976, $15,200,000 for the fiscal year ending September
30, 1977, and $16,400,000 for the fiscal year ending September 30, 1978,
such sums to remain available until expended. There are authorized to be
appropriated for the purposes of this Act not to exceed $16,420,000 for the
fiscal year ending September 30, 1979, and $17,650,000 for the fiscal year
ending September 30, 1980, such sums to remain available until expended.
There are authorized to be appropriated for the purposes of this Act not to
exceed $18,540,000 for the fiscal year ending September 30, 1981,
$19,925,000 for the fiscal year ending September 30, 1982, and $22,100,000
for the fiscal year ending September 30, 1983, such sums to remain available
until expended. There are authorized to be appropriated for the purposes of
this Act not to exceed $22,600,000 for the fiscal year ending September 30,
1984, $24,500,000 for the fiscal year ending September 30, 1985, and
$26,100,000 for the fiscal year ending September 30, 1986, such sums to
remain available until expended. There are authorized to be appropriated
for the purposes of this Act not to exceed $25,400,000 for the fiscal year
ending September 30, 1988; $27,000,000 for the fiscal year ending September
30, 1989; and $28,600,000 for fiscal year ending September 30, 1990. Such
sums shall remain available until expended.There are authorized to be
appropriated for the purposes of this Act not to exceed $32,000,000 for the
fiscal year ending September 30, 1991; $38,600,000 for the fiscal year
ending September 30, 1992; and $38,800,000 for the fiscal year ending
September 30, 1993, such sums to remain available until expended.
(b) An emergency fund of $1,000,000 is authorized for expenditure by the
Board to be available for necessary expenses, not otherwise provided for, of
the Board for accident investigations. There is authorized to be
appropriated such sums as may be necessary to establish the emergency fund
under the preceding sentence and to replenish the fund annually. Such sums
are authorized to remain available until expended.
(Pub. L. 93-633, title III, Sec. 309, Jan. 3, 1975, 88 Stat. 2173; Pub. L.
94-481, Oct. 11, 1976, 90 Stat. 2080; Pub. L. 95-363, Sec. 2, Sept. 11, 1978,
92 Stat. 597; Pub. L. 97-74, Sec. 2, Nov. 3, 1981, 95 Stat. 1065; Pub. L.
98-37, June 6, 1983, 97 Stat. 204; Pub. L. 100-372, Sec. 2, July 19, 1988,
102 Stat. 876; Pub. L. 101-641, Sec. 2, Nov. 28, 1990, 104 Stat. 4654.)
References in Text
This Act, referred to in subsec. (a), means Pub. L. 93-633, Jan. 3, 1975,
88 Stat. 2156, as amended, known as the Transportation Safety Act of 1974,
which enacted this chapter and sections 1801 to 1812 of this Appendix,
amended sections 1471, 1472, 1653, and 1655 of this Appendix, sections 39,
437, 438, 440, and 441 of Title 45, Railroads, and section 170 of Title 46,
Shipping, repealed sections 1654, 1761, and 1762 of this Appendix, and
enacted provisions set out as notes under sections 1801 and 1901 of this
Appendix and section 440 of Title 45. For complete classification of this
Act to the Code, see Short Title note set out under section 1801 of this
Appendix and Tables.
Amendments
1990--Subsec. (a). Pub. L. 101-641 inserted provisions authorizing
appropriation of not to exceed $32,000,000 for fiscal year ending Sept. 30,
1991, $38,600,000 for fiscal year ending Sept. 30, 1992, and $38,800,000 for
fiscal year ending Sept. 30, 1993, with such sums to remain available until
expended.
1988--Pub. L. 100-372 designated existing provisions as subsec. (a),
inserted provisions authorizing appropriations of not to exceed $25,400,000
for fiscal year ending Sept. 30, 1988, $27,000,000 for fiscal year ending
Sept. 30, 1989, $28,600,000 for fiscal year ending Sept. 30, 1990, with such
sums to remain available until expended, and added subsec. (b).
1983--Pub. L. 98-37 inserted provisions authorizing appropriation of not
to exceed $22,600,000 for fiscal year ending Sept. 30, 1984, $24,500,000 for
fiscal year ending Sept. 30, 1985, and $26,100,000 for fiscal year ending
Sept. 30, 1986, with such sums to remain available until expended.
1981--Pub. L. 97-74 added provisions authorizing appropriations of not to
exceed $18,540,000 for the fiscal year ending Sept. 30, 1981, $19,925,000 for
the fiscal year ending Sept. 30, 1982, and $22,100,000 for the fiscal year
ending Sept. 30, 1983, with such sums to remain available until expended.
1978--Pub. L. 95-363 added provisions authorizing appropriations of not to
exceed $16,420,000 for the fiscal year ending Sept. 30, 1979, and $17,650,000
for the fiscal year ending Sept. 30, 1980.
1976--Pub. L. 94-481 authorized appropriations of not to exceed $3,800,000
for the transition quarter ending Sept. 30, 1976, $15,200,000 for the fiscal
year ending Sept. 30, 1977, and $16,400,000 for the fiscal year ending Sept.
30, 1978, with such sums to remain available until expended.
