
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-424 Section 3(a),]
[Document affected by Public Law 106-424 Section 4]
[Document affected by Public Law 106-424 Section 9]
[CITE: 49USC1113]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
             SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
 
Sec. 1113. Administrative

    (a) General Authority.--(1) The National Transportation Safety 
Board, and when authorized by it, a member of the Board, an 
administrative law judge employed by or assigned to the Board, or an 
officer or employee designated by the Chairman of the Board, may conduct 
hearings to carry out this chapter, administer oaths, and require, by 
subpena or otherwise, necessary witnesses and evidence.
    (2) A witness or evidence in a hearing under paragraph (1) of this 
subsection may be summoned or required to be produced from any place in 
the United States to the designated place of the hearing. A witness 
summoned under this subsection is entitled to the same fee and mileage 
the witness would have been paid in a court of the United States.
    (3) A subpena shall be issued under the signature of the Chairman or 
the Chairman's delegate but may be served by any person designated by 
the Chairman.
    (4) If a person disobeys a subpena, order, or inspection notice of 
the Board, the Board may bring a civil action in a district court of the 
United States to enforce the subpena, order, or notice. An action under 
this paragraph may be brought in the judicial district in which the 
person against whom the action is brought resides, is found, or does 
business. The court may punish a failure to obey an order of the court 
to comply with the subpena, order, or notice as a contempt of court.
    (b) Additional Powers.--(1) The Board may--
        (A) procure the temporary or intermittent services of experts or 
    consultants under section 3109 of title 5;
        (B) make agreements and other transactions necessary to carry 
    out this chapter without regard to section 3709 of the Revised 
    Statutes (41 U.S.C. 5);
        (C) use, when appropriate, available services, equipment, 
    personnel, and facilities of a department, agency, or 
    instrumentality of the United States Government on a reimbursable or 
    other basis;
        (D) confer with employees and use services, records, and 
    facilities of State and local governmental authorities;
        (E) appoint advisory committees composed of qualified private 
    citizens and officials of the Government and State and local 
    governments as appropriate;
        (F) accept voluntary and uncompensated services notwithstanding 
    another law;
        (G) accept gifts of money and other property;
        (H) make contracts with nonprofit entities to carry out studies 
    related to duties and powers of the Board; and
        (I) require that the departments, agencies, and 
    instrumentalities of the Government, State and local governments, 
    and governments of foreign countries provide appropriate 
    consideration for the reasonable costs of goods and services 
    supplied by the Board.

    (2) The Board shall deposit in the Treasury amounts received under 
paragraph (1)(I) of this subsection to be credited to the appropriation 
of the Board.
    (c) Submission of Certain Copies to Congress.--When the Board 
submits to the President or the Director of the Office of Management and 
Budget a budget estimate, budget request, supplemental budget estimate, 
other budget information, a legislative recommendation, prepared 
testimony for congressional hearings, or comments on legislation, the 
Board must submit a copy to Congress at the same time. An officer, 
department, agency, or instrumentality of the Government may not require 
the Board to submit the estimate, request, information, recommendation, 
testimony, or comments to another officer, department, agency, or 
instrumentality of the Government for approval, comment, or review 
before being submitted to Congress.
    (d) Liaison Committees.--The Chairman may determine the number of 
committees that are appropriate to maintain effective liaison with other 
departments, agencies, and instrumentalities of the Government, State 
and local governmental authorities, and independent standard-setting 
authorities that carry out programs and activities related to 
transportation safety. The Board may designate representatives to serve 
on or assist those committees.
    (e) Inquiries.--The Board, or an officer or employee of the Board 
designated by the Chairman, may conduct an inquiry to obtain information 
related to transportation safety after publishing notice of the inquiry 
in the Federal Register. The Board or designated officer or employee may 
require by order a department, agency, or instrumentality of the 
Government, a State or local governmental authority, or a person 
transporting individuals or property in commerce to submit to the Board 
a written report and answers to requests and questions related to a duty 
or power of the Board. The Board may prescribe the time within which the 
report and answers must be given to the Board or to the designated 
officer or employee. Copies of the report and answers shall be made 
available for public inspection.
    (f) Regulations.--The Board may prescribe regulations to carry out 
this chapter.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 747.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1113(a)...............................  49 App.:1903(b)(1), (3).         Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(a
)(1)(A), (b)(1), (3), (4), (7)-
                                                                          (9), 
88 Stat. 2168, 2169, 2170; July
                                                                          19, 1
988, Pub. L. 100-372, Sec.  4,
                                                                          102 S
tat. 876.
1113(b)(1)(A).........................  49 App.:1441(b) (words before    Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                         semicolon).                      701(b
), 72 Stat. 781.
                                        49 App.:1655(d) (1st sentence).  Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(d) 
(1st sentence), 80 Stat. 938.
                                        49 App.:1903(a)(1)(A),
                                         (b)(6)(C).
1113(b)(1)(B).........................  49 App.:1903(b)(4).
1113(b)(1)(C).........................  49 App.:1441(b) (words after
                                         semicolon).
                                        49 App.:1655(d) (1st sentence).
                                        49 App.:1903(a)(1)(A).
                                        49 App.:1903(b)(6)(A).           Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(b
)(6), 88 Stat. 2170; July 19,
                                                                          1988,
 Pub. L. 100-372, Sec.  5, 102
                                                                          Stat.
 877.
1113(b) (1)(D)-(I), (2)...............  49 App.:1903(b)(6)(B), (D)-(H).
1113(c)...............................  49 App.:1903(b)(7).
1113(d)...............................  49 App.:1903(b)(8).
1113(e)...............................  49 App.:1903(b)(9).
1113(f)...............................  49 App.:1903(b)(12).             Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                                                          304(b
)(12), 88 Stat. 2171; July 19,
                                                                          1988,
 Pub. L. 100-372, Sec.  4, 102
                                                                          Stat.
 876; Nov. 28, 1990, Pub. L. 101-
                                                                          641, 
Sec.  6, 104 Stat. 4656.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), the words ``sit and act at such times and 
places'' are omitted as unnecessary. The word ``necessary'' is 
substituted for ``as the Board or such officer or employee deems 
advisable'' because it is more accurate.
    In subsection (a)(2), the words ``the witness would have been'' are 
added for clarity and consistency in the revised title and with other 
titles of the United States Code.
    In subsection (a)(4), the words ``If a person disobeys'' are 
substituted for ``In case of contumacy or refusal to obey'' for 
consistency in the revised title and with other titles of the Code. The 
words ``of the Board'' are substituted for ``of the Board, or of any 
duly designated employee thereof'' to eliminate unnecessary words. The 
words ``the Board may bring a civil action in a district court of the 
United States'' are substituted for ``such district court shall, upon 
the request of the Board, have jurisdiction'' for consistency in the 
revised title and because of 28:1331. The word ``forthwith'' is omitted 
as surplus. The words ``An action under this paragraph may be brought in 
the judicial district'' are added for clarity.
    In subsection (b)(1)(A), the text of 49 App.:1441(b) (words before 
semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C).
    In subsection (b)(1)(B), the words ``make agreements and other 
transactions'' are substituted for ``enter into . . . such contracts, 
leases, cooperative agreements, or other transactions'' to eliminate 
unnecessary words. The words ``to carry out this chapter'' are 
substituted for ``in the conduct of the functions and the duties of the 
Board under this chapter'' for consistency. The words ``with any 
government entity or any person'' are omitted as surplus.
    In subsection (b)(1)(C), the words ``Department of Transportation 
and of other'' are omitted as surplus. The words ``department, agency, 
or instrumentality of the United States Government'' are substituted for 
``civilian or military agencies and instrumentalities of the Federal 
Government'' in 49 App.:1903(b)(6)(A) for consistency in the revised 
title and with other titles of the Code. The text of 49 App.:1441(b) 
(words after semicolon) is omitted as superseded by 49 
App.:1903(b)(6)(A).
    In subsection (b)(1)(D), the word ``available'' is omitted as 
surplus.
    In subsection (b)(1)(E), the words ``one or more'' are omitted as 
surplus because the authority to appoint advisory committees is 
discretionary and unlimited on its face. The word ``appropriate'' is 
substituted for ``necessary or appropriate'' to eliminate unnecessary 
words. The words ``in accordance with the Federal Advisory Committee 
Act'' are omitted as surplus because that Act applies unless 
specifically excluded. (See 5 App. U.S.C.)
    In subsection (b)(1)(G), the words ``gifts of money and other 
property'' are substituted for ``gifts or donations of money or property 
(real, personal, mixed, tangible, or intangible)'' to eliminate 
unnecessary words.
    In subsection (b)(1)(H), the words ``public or private'' are omitted 
as surplus.
    Subsection (b)(2) is substituted for ``and to apply the funds 
received to the Board's appropriations'' for clarity and consistency in 
the revised title and with other titles of the Code.
    In subsection (c), the word ``submits'' is substituted for ``submits 
or transmits'' for consistency. The words ``Director of the Office of 
Management and Budget'' are substituted for ``Office of Management and 
Budget'' because of 31:502(a).
    In subsection (d), the word ``appropriate'' is substituted for 
``necessary or appropriate'' to eliminate unnecessary words.
    In subsection (e), the words ``officer or employee'' are substituted 
for ``employee'' for consistency in the revised title. The words ``by 
order'' are substituted for ``by special or general orders'' to 
eliminate unnecessary words. The word ``individuals'' is substituted for 
``people'' for consistency in the revised title.
    In subsection (f), the words ``prescribe regulations to carry out 
this chapter'' are substituted for ``rules and regulations as may be 
necessary to the exercise of its functions'' for consistency in the 
revised title and with other titles of the Code and because ``rule'' and 
``regulation'' are synonymous.

                  Section Referred to in Other Sections

    This section is referred to in sections 1131, 1132 of this title.
