§1131. General authority
(a)
(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) 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, 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;
(C) a railroad-
(i) accident in which there is a fatality or substantial property damage, except-
(I) a grade crossing accident or incident, unless selected by the Board; or
(II) an accident or incident involving a trespasser, unless selected by the Board; or
(ii) accident or incident that involves a passenger train, except in any case in which such accident or incident resulted in no fatalities or serious injuries to the passengers or crewmembers of such train, and-
(I) was a grade crossing accident or incident, unless selected by the Board; or
(II) such accident or incident involved a trespasser, unless selected by the Board;
(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 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, or involving a vessel of the United States (as defined in section 116 of title 46), 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)(A) Subject to the requirements of this paragraph, 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.
(B) If the Attorney General, in consultation with the Chairman of the Board, determines and notifies the Board that circumstances reasonably indicate that the accident may have been caused by an intentional criminal act, the Board shall relinquish investigative priority to the Federal Bureau of Investigation. The relinquishment of investigative priority by the Board shall not otherwise affect the authority of the Board to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies the Board that an accident being investigated by the Board under subparagraph (A), (B), (C), or (D) of paragraph (1) may have been caused by an intentional criminal act, the Board, in consultation with the law enforcement agency, shall take necessary actions to ensure that evidence of the criminal act is preserved.
(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)
(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)
(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)
(e)
(1) in electronic form at no cost in a publicly accessible database on a website of the Board; and
(2) if the electronic form required in paragraph (1) is not printable, in printed form upon a reasonable request at a reasonable cost.
(f)
(
| 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,
|
| 1131(a)(2) | 49 App.:1903(a)(1) (2d, 3d sentences). | Jan. 3, 1975,
|
| 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,
|
| 49 App.:1655(c)(1). | Oct. 15, 1966,
|
|
| 49 App.:1655(d) (1st sentence). | Oct. 15, 1966,
|
|
| 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,
|
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).
Subsec. (a)(1)(C).
Subsec. (e).
Subsec. (f).
2022-Subsec. (a)(1)(E).
2018-Subsec. (a)(1)(A).
2006-Subsec. (a)(1)(E).
Subsec. (c)(1).
2003-Subsec. (a)(2)(B), (C).
2000-Subsec. (a)(2).
Subsec. (d).
1994-Subsec. (a)(1)(A).
Subsecs. (d), (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment
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
"(a)
"(b)
"(1)
"(2)
"(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
Memorandum of Understanding
"(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."