Calendar No. 432
103D CONGRESS
2D SESSION
H. R. 1758
[Report No. 103–265]
AN ACT
To revise, codify, and enact without substantive
change certain general and permanent laws, re-
lated to transportation, as subtitles II, III, and
V–X of title 49, United States Code, ‘‘Transpor-
tation’’, and to make other technical improve-
ments in the Code.
MAY 19 (legislative day, MAY 16), 1994
Reported without amendment
II
Calendar No. 432
103D CONGRESS
1ST SESSION H.R. 1758
[Report No. 103–265]
IN THE SENATE OF THE UNITED STATES
AUGUST 3 (legislative day, JUNE 30), 1993
Received; read twice and referred to the Committee on the Judiciary
MAY 19 (legislative day, MAY 16), 1994
Reported by Mr. BIDEN without amendment
AN ACT
To revise, codify, and enact without substantive change cer-
tain general and permanent laws, related to transpor-
tation, as subtitles II, III, and V–X of title 49, United
States Code, ‘‘Transportation’’, and to make other tech-
nical improvements in the Code.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SUBTITLES II, III, AND V–X OF TITLE 49, UNITED STATES CODE
SECTION 1. (a) Certain general and permanent laws of the United States,
related to transportation, are revised, codified, and enacted by subsections
(c)–(e) of this section without substantive change as subtitles II, III, and
V–X of title 49, United States Code, ‘‘Transportation’’. Those laws may be
cited as ‘‘49 U.S.C. ––––––’’.
(b) Title 49, United States Code, is amended by striking the table of sub-
titles at the beginning of the title and substituting the following new table
of subtitles:
‘‘SUBTITLE
Sec.
‘‘I.
DEPARTMENT OF TRANSPORTATION ...................................................
101
‘‘II.
OTHER GOVERNMENT AGENCIES ..........................................................
1101
‘‘III.
GENERAL AND INTERMODAL PROGRAMS ............................................
5101
‘‘IV.
INTERSTATE COMMERCE ..........................................................................
10101
‘‘V.
RAIL PROGRAMS ..........................................................................................
20101
‘‘VI.
MOTOR VEHICLE AND DRIVER PROGRAMS .........................................
30101
‘‘VII.
AVIATION PROGRAMS .................................................................................
40101
‘‘VIII.
PIPELINES .....................................................................................................
60101
‘‘IX.
COMMERCIAL SPACE TRANSPORTATION .............................................
70101
‘‘X.
MISCELLANEOUS .........................................................................................
80101’’.
(c) Title 49, United States Code, is amended by striking subtitle II, ex-
cept that chapter 31 (comprising sections 3101–3104) of subtitle II is re-
designated and restated as chapter 315 (comprising sections 31501–31504)
of subtitle VI of title 49, as enacted by subsection (e) of this section.
(d) Title 49, United States Code, is amended by adding the following im-
mediately after subtitle I:
SUBTITLE II—OTHER GOVERNMENT AGENCIES
CHAPTER
Sec.
11.
NATIONAL TRANSPORTATION SAFETY BOARD ..................................
1101
CHAPTER 11—NATIONAL TRANSPORTATION SAFETY
BOARD
SUBCHAPTER I—GENERAL
Sec.
1101.
Definitions.
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
1111.
General organization.
1112.
Special boards of inquiry on air transportation safety.
1113.
Administrative.
1114.
Disclosure, availability, and use of information.
1115.
Training.
1116.
Reports and studies.
1117.
Annual report.
1118.
Authorization of appropriations.
SUBCHAPTER III—AUTHORITY
1131.
General authority.
1132.
Civil aircraft accident investigations.
1133.
Review of other agency action.
1134.
Inspections and autopsies.
1135.
Secretary of Transportation’s responses to safety recommendations.
SUBCHAPTER IV—ENFORCEMENT AND PENALTIES
1151.
Aviation enforcement.
1152.
Joinder and intervention in aviation proceedings.
1153.
Judicial review.
1154.
Discovery and use of cockpit voice and other material.
1155.
Aviation penalties.
SUBCHAPTER I—GENERAL
§ 1101. Definitions
Section 40102(a) of this title applies to this chapter.
SUBCHAPTER II—ORGANIZATION AND ADMINISTRATIVE
§ 1111. General organization
(a) ORGANIZATION.—The National Transportation Safety Board is an
independent establishment of the United States Government.
(b) APPOINTMENT OF MEMBERS.—The Board is composed of 5 members
appointed by the President, by and with the advice and consent of the Sen-
ate. Not more than 3 members may be appointed from the same political
party. At least 3 members shall be appointed on the basis of technical quali-
fication, professional standing, and demonstrated knowledge in accident re-
construction, safety engineering, human factors, transportation safety, or
transportation regulation.
(c) TERMS OF OFFICE AND REMOVAL.—The term of office of each mem-
ber is 5 years. An individual appointed to fill a vacancy occurring before
the expiration of the term for which the predecessor of that individual was
appointed, is appointed for the remainder of that term. When the term of
office of a member ends, the member may continue to serve until a succes-
sor is appointed and qualified. The President may remove a member for in-
efficiency, neglect of duty, or malfeasance in office.
(d) CHAIRMAN AND VICE CHAIRMAN.—The President shall designate, by
and with the advice and consent of the Senate, a Chairman of the Board.
The President also shall designate a Vice Chairman of the Board. The
terms of office of both the Chairman and Vice Chairman are 2 years. When
the Chairman is absent or unable to serve or when the position of Chairman
is vacant, the Vice Chairman acts as Chairman.
(e) DUTIES AND POWERS OF CHAIRMAN.—The Chairman is the chief ex-
ecutive and administrative officer of the Board. Subject to the general poli-
cies and decisions of the Board, the Chairman shall—
(1) appoint, supervise, and fix the pay of officers and employees nec-
essary to carry out this chapter;
(2) distribute business among the officers, employees, and adminis-
trative units of the Board; and
(3) supervise the expenditures of the Board.
(f) QUORUM.—Three members of the Board are a quorum in carrying out
duties and powers of the Board.
(g) OFFICES, BUREAUS, AND DIVISIONS.—The Board shall establish of-
fices necessary to carry out this chapter, including an office to investigate
and report on the safe transportation of hazardous material. The Board
shall establish distinct and appropriately staffed bureaus, divisions, or of-
fices to investigate and report on accidents involving each of the following
modes of transportation:
(1) aviation.