
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-424 Section 6(a)]
[Document affected by Public Law 106-424 Section 7]
[Document affected by Public Law 106-424 Section 6(b)]
[Document affected by Public Law 106-424 Section 8]
[CITE: 49USC1131]

 
                        TITLE 49--TRANSPORTATION
 
                 SUBTITLE II--OTHER GOVERNMENT AGENCIES
 
            CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
 
                        SUBCHAPTER III--AUTHORITY
 
Sec. 1131. General authority

    (a) General.--(1) The National Transportation Safety Board shall 
investigate or have investigated (in detail the Board prescribes) and 
establish the facts, circumstances, and cause or probable cause of--
        (A) an aircraft accident the Board has authority to investigate 
    under section 1132 of this title 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;
        (B) a highway accident, including a railroad grade crossing 
    accident, the Board selects in cooperation with a State;
        (C) a railroad accident in which there is a fatality or 
    substantial property damage, or that involves a passenger train;
        (D) a pipeline accident in which there is a fatality, 
    substantial property damage, or significant injury to the 
    environment;
        (E) a major marine casualty (except a casualty involving only 
    public vessels) occurring on the navigable waters or territorial sea 
    of the United States, or involving a vessel of the United States, 
    under regulations prescribed jointly by the Board and the head of 
    the department in which the Coast Guard is operating; and
        (F) any other accident related to the transportation of 
    individuals or property when the Board decides--
            (i) the accident is catastrophic;
            (ii) the accident involves problems of a recurring 
        character; or
            (iii) the investigation of the accident would carry out this 
        chapter.

    (2) An investigation by the Board under paragraph (1)(A)-(D) or (F) 
of this subsection has priority over any investigation by another 
department, agency, or instrumentality of the United States Government. 
The Board shall provide for appropriate participation by other 
departments, agencies, or instrumentalities in the investigation. 
However, those departments, agencies, or instrumentalities may not 
participate in the decision of the Board about the probable cause of the 
accident.
    (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 investigate an accident 
under applicable law or to obtain information directly from the parties 
involved in, and witnesses to, the accident. The Board and other 
departments, agencies, and instrumentalities shall ensure that 
appropriate information developed about the accident is exchanged 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 
investigate 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 subsection (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 may--
        (A) investigate an accident described under subsection (a) or 
    (b) of this section in which misfeasance or nonfeasance by the 
    Government 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 establishing cause or probable 
cause of an accident described under subsection (a) or (b) of this 
section.
    (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(b)(2) 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 at reasonable cost.

(Pub. L. 103-272, Sec. 1(d), July 5, 1994, 108 Stat. 752; Pub. L. 103-
411, Sec. 3(c), Oct. 25, 1994, 108 Stat. 4237.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1131(a)(1)............................  49 App.:1903(a) (1)(A)-(E)       Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                         (less last sentence of (E)),     304(a
)(1)(A)-(F), 88 Stat. 2168; Oct.
                                         (F).                             24, 1
992, Pub. L. 102-508, Sec.  303,
                                                                          106 S
tat. 3307.
1131(a)(2)............................  49 App.:1903(a)(1) (2d, 3d       Jan. 3
, 1975, Pub. L. 93-633, Sec.
                                         sentences).                      304(a
)(1) (less (A)-(F)), 88 Stat.
                                                                          2168;
 Nov. 3, 1981, Pub. L. 97-74,
                                                                          Sec. 
 3, 95 Stat. 1065.
1131(a)(3)............................  49 App.:1903(a)(1) (4th, 5th
                                         sentences).
1131(b)...............................  49 App.:1903(a)(1)(E) (last
                                         sentence).
1131(c)...............................  49 App.:1441(f).                 Aug. 2
3, 1958, Pub. L. 85-726, Sec.
                                                                          701(a
)(4), (f), 72 Stat. 781.
                                        49 App.:1655(c)(1).              Oct. 1
5, 1966, Pub. L. 89-670, Sec.
                                                                          6(c)(
1), 80 Stat. 938; Jan. 12, 1983,
                                                                          Pub. 
L. 97-449, Sec.  7(b), 96 Stat.
                                                                          2444.
                                        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) (6th,
                                         last sentences).
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, Sec.
                                                                          304(a
)(2), 88 Stat. 2168; July 19,
                                                                          1988,
 Pub. L. 100-372, Sec.  3(a), 102
                                                                          Stat.
 876.
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---------------------------------

    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 authority 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 Appendix pursuant to title VII of the Federal Aviation Act of 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 ``people'' 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 substituted for 
``obtained or developed'' to eliminate unnecessary 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).


                               Amendments

    1994--Subsec. (a)(1)(A). Pub. L. 103-411, Sec. 3(c)(1), inserted 
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''.
    Subsec. (d), (e). Pub. L. 103-411, Sec. 3(c)(2), added subsec. (d) 
and redesignated former subsec. (d) as (e).


                    Effective Date of 1994 Amendment

    Section 3(d) of Pub. L. 103-411 provided 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].''

                    Territorial Sea of United States

    For extension of territorial sea of United States, see Proc. No. 
5928, set out as a note under section 1331 of Title 43, Public Lands.

                    Contiguous Zone of United States

    For extension of contiguous zone of United States, see Proc. No. 
7219, Sept. 2, 1999, 64 F.R. 48701, set out as a note under section 1331 
of Title 43, Public Lands.
