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 sentences).
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 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, § 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 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In subsection (c), the text of 49 App.:1441(f) is omitted as superseded by 49 App.:1903(a)(1) (6th, last sentences).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).

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), substituted “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 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 involves a passenger train;”.

Subsec. (e). Pub. L. 118–63, § 1211, substituted “public—” 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), substituted “on or under the navigable waters, internal waters, or the territorial sea of the United States as described in Presidential Proclamation No. 5928 of December 27, 1988,” for “on the navigable waters or territorial sea of the United States,” and inserted “(as defined 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 investigation” 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), 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”.

Subsecs. (d), (e). Pub. L. 103–411, § 3(c)(2), added subsec. (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, 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].”

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 relating 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 Security, and the Department of Homeland Security Reorganization 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 Administration] 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 Personnel Management, in consultation with the Administrator [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 Investigating Series 1815 occupational series (and any similar occupational series relating to transportation accident 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 coordination 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 occupational series relating to transportation accident investigating).

“(2)

Considerations.—

In updating the requirements under paragraph (1), the Director shall consider—

“(A)

the direct relationship between any requirement 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 appropriate.”

Revision of 1977 Agreement

Pub. L. 108–168, § 3(b), Dec. 6, 2003, 117 Stat. 2033, provided that: “Not later than 1 year after the date of enactment of this Act [Dec. 6, 2003], the National Transportation Safety Board and the Federal Bureau of Investigation shall revise their 1977 agreement on the investigation 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 Infrastructure 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, provided 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 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, provided 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 Understanding governing major marine accidents—

“(1)

to redefine or clarify the standards used to determine 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.”