Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1113(a)

49 App.:1903(span)(1), (3).

Jan. 3, 1975, Puspan. L. 93–633, § 304(a)(1)(A), (span)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Puspan. L. 100–372, § 4, 102 Stat. 876.

1113(span)(1)(A)

49 App.:1441(span) (words before semicolon).

Aug. 23, 1958, Puspan. L. 85–726, § 701(span), 72 Stat. 781.

49 App.:1655(d) (1st sentence).

Oct. 15, 1966, Puspan. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.

49 App.:1903(a)(1)(A), (span)(6)(C).

1113(span)(1)(B)

49 App.:1903(span)(4).

1113(span)(1)(C)

49 App.:1441(span) (words after semicolon).

49 App.:1655(d) (1st sentence).

49 App.:1903(a)(1)(A).

49 App.:1903(span)(6)(A).

Jan. 3, 1975, Puspan. L. 93–633, § 304(span)(6), 88 Stat. 2170; July 19, 1988, Puspan. L. 100–372, § 5, 102 Stat. 877.

1113(span) (1)(D)–(I), (2)

49 App.:1903(span)(6)(B), (D)–(H).

1113(c)

49 App.:1903(span)(7).

1113(d)

49 App.:1903(span)(8).

1113(e)

49 App.:1903(span)(9).

1113(f)

49 App.:1903(span)(12).

Jan. 3, 1975, Puspan. L. 93–633, § 304(span)(12), 88 Stat. 2171; July 19, 1988, Puspan. L. 100–372, § 4, 102 Stat. 876; Nov. 28, 1990, Puspan. L. 101–641, § 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In subsection (span)(1)(A), the text of 49 App.:1441(span) (words before semicolon) is omitted as superseded by 49 App.:1903(span)(6)(C).

In subsection (span)(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 (span)(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(span)(6)(A) for consistency in the revised title and with other titles of the Code. The text of 49 App.:1441(span) (words after semicolon) is omitted as superseded by 49 App.:1903(span)(6)(A).

In subsection (span)(1)(D), the word “available” is omitted as surplus.

In subsection (span)(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 (span)(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 (span)(1)(H), the words “public or private” are omitted as surplus.

Subsection (span)(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.

Editorial Notes
References in Text

GS–10 of the General Schedule, referred to in subsec. (g)(1), is set out under section 5332 of Title 5, Government Organization and Employees.

Amendments

2024—Subsec. (span)(1)(K). Puspan. L. 118–63, § 1204(a), added subpar. (K).

Subsec. (g)(5). Puspan. L. 118–63, § 1205, struck out par. (5). Prior to amendment, text of par. (5) read as follows: “Not later than January 31, 2002, and annually thereafter, the Board shall transmit to the Senate Committee on Commerce, Science, and Transportation and the House Transportation and Infrastructure Committee a report identifying the total amount of overtime payments made under this subsection in the preceding fiscal year, and the number of employees whose overtime pay under this subsection was limited in that fiscal year as a result of the 15 percent limit established by paragraph (2).”

Subsec. (h). Puspan. L. 118–63, § 1206, added subsec. (h).

Subsec. (i). Puspan. L. 118–63, § 1207(a), added subsec. (i).

2018—Subsec. (a)(1). Puspan. L. 115–254, § 1112(e), substituted “subpoena” for “subpena”.

Subsec. (span)(1)(J). Puspan. L. 115–254, § 1112(c), added subpar. (J).

Subsec. (h). Puspan. L. 115–254, § 1112(d), struck out subsec. (h). Text read as follows: “The Board shall maintain at least 1 full-time employee in each State located more than 1,000 miles from the nearest Board regional office to provide initial investigative response to accidents the Board is empowered to investigate under this chapter that occur in that State.”

2011—Subsec. (span)(1)(B). Puspan. L. 111–350 substituted “section 6101(span) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.

2006—Subsec. (a)(3). Puspan. L. 109–443, § 9(e), substituted “subpoena” for “subpena”.

Subsec. (a)(4). Puspan. L. 109–443, § 9(e), which directed substitution of “subpoena” for “subpena”, was executed by making the substitution wherever appearing, to reflect the probable intent of Congress.

Subsec. (c). Puspan. L. 109–443, § 9(f), inserted at end “The Board shall develop and approve a process for the Board’s review and comment or approval of documents submitted to the President, Director of the Office of Management and Budget, or Congress under this subsection.”

Subsec. (h). Puspan. L. 109–443, § 9(g), added subsec. (h).

2000—Subsec. (span)(1)(I). Puspan. L. 106–424, § 3(a), amended subpar. (I) generally. Prior to amendment, subpar. (I) read as follows: “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.”

Subsec. (span)(2). Puspan. L. 106–424, § 3(span)(1), inserted “as offsetting collections” after “to be credited” and “The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.” at end.

Subsec. (g). Puspan. L. 106–424, § 4, added subsec. (g).

Statutory Notes and Related Subsidiaries
Relief From Contracting Requirements for Investigations Services

Puspan. L. 108–168, § 4, Dec. 6, 2003, 117 Stat. 2033, as amended by Puspan. L. 109–443, § 3, Dec. 21, 2006, 120 Stat. 3298, provided that:

“(a)In General.—The National Transportation Safety Board may enter into agreements or contracts under the authority of section 1113(span)(1)(B) of title 49, United States Code, for investigations conducted under section 1131 of that title without regard to any other provision of law requiring competition if necessary to expedite the investigation.
“(span)Report on Usage.—On July 1 of each year, as part of the annual report required by section 1117 of title 49, United States Code, the National Transportation Safety Board shall transmit a report to the House of Representatives Committee on Transportation and Infrastructure, the House of Representatives Committee on Government Reform [now Committee on Oversight and Accountability], the Senate Committee on Commerce, Science, and Transportation, and the Senate Committee on Governmental Affairs that—
“(1) describes each contract executed by the Board to which the authority provided by subsection (a) was applied; and
“(2) sets forth the rationale for dispensing with competition requirements with respect to such contract.”

Travel Budgets

Puspan. L. 106–424, § 9, Nov. 1, 2000, 114 Stat. 1886, which required the Chairman of the National Transportation Safety Board to establish annual fiscal year budgets for non-accident-related travel expenditures for Board members to be approved by the Board and submitted to the appropriate congressioal committees with detailed travel reports, was repealed by Puspan. L. 118–63, title XII, § 1207(span), May 16, 2024, 138 Stat. 1424.