Title 14 — Coast Guard
Chapter 9 — Administration
§ 951. Aircraft accident investigations
Statutory text
In General.—
Whenever the Commandant conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Commandant, the records and report of the investigation shall be treated in accordance with this section.
Public Disclosure of Certain Accident Investigation Information.—
In general.—
Subject to paragraph (2), the Commandant, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation.
Conditions.—
The Commandant shall only disclose information requested pursuant to paragraph (1) if the Commandant determines—
that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and
that release of such tapes, reports, or other information—
would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and
would not compromise national security.
Restriction.—
A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident.
Opinions Regarding Causation of Accident.—
Following an aircraft accident referred to in subsection (a)—
if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion of the investigators as to the cause or causes of the accident; and
if the evidence surrounding the accident is not sufficient for the investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident.
Use of Information in Civil or Criminal Proceedings.—
For purposes of any civil or criminal proceeding arising from an aircraft accident referred to in subsection (a), any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such report be considered an admission of liability by the United States or by any person referred to in such report.
Definitions.—
For purposes of this section—
the term “accident investigation” means any form of investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a), other than a safety investigation; and
the term “safety investigation” means an investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Coast Guard and Maritime Transportation Act of 2012
Pub. L. 112–213 title II § 214(a) · 126 Stat. 1540
Enacted · 14 U.S.C. § 951
Added Pub. L. 112–213, title II, § 214(a), Dec. 20, 2012, 126 Stat. 1553, § 678
Source evidence
Code source credit
Added Pub. L. 112–213, title II, § 214(a), Dec. 20, 2012, 126 Stat. 1553, § 678Enacted provision · exact public law section
(a) In General.— Chapter 17 of title 14, United States Code, is amended by adding at the end the following: “§ 678. Aircraft accident investigations “(a) In General.— Whenever Records. Reports. the Commandant of the Coast Guard conducts an accident investigation of an accident involving an aircraft under the jurisdiction of the Commandant, the records and report of the investigation shall be treated in accordance with this section. “(b) Public Disclosure of Certain Accident Investigation Information.— “(1) In general.— Subject to paragraph (2), the Commandant, upon request, shall publicly disclose unclassified tapes, scientific reports, and other factual information pertinent to an aircraft accident investigation. “(2) Conditions.— The Determination. Commandant shall only disclose information requested pursuant to paragraph (1) if the Commandant determines— “(A) that such tapes, reports, or other information would be included within and releasable with the final accident investigation report; and “(B) that release of such tapes, reports, or other information— “(i) would not undermine the ability of accident or safety investigators to continue to conduct the investigation; and “(ii) would not compromise national security. “(3) Restriction.— A disclosure under paragraph (1) may not be made by or through officials with responsibility for, or who are conducting, a safety investigation with respect to the accident. “(c) Opinions Regarding Causation of Accident.— Following an aircraft accident referred to in subsection (a)— “(1) if the evidence surrounding the accident is sufficient for the investigators who conduct the accident investigation to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall set forth the opinion of the investigators as to the cause or causes of the accident; and “(2) if the evidence surrounding the accident is not sufficient for the investigators to come to an opinion as to the cause or causes of the accident, the final report of the accident investigation shall include a description of those factors, if any, that, in the opinion of the investigators, substantially contributed to or caused the accident. “(d) Use of Information in Civil or Criminal Proceedings.— For purposes of any civil or criminal proceeding arising from an aircraft accident referred to in subsection (a), any opinion of the accident investigators as to the cause of, or the factors contributing to, the accident set forth in the accident investigation report may not be considered as evidence in such proceeding, nor may such report be considered an admission of liability by the United States or by any person referred to in such report. “(e) Definitions.— For purposes of this section— “(1) the term ‘accident investigation’ means any form of investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a), other than a safety investigation; and “(2) the term ‘safety investigation’ means an investigation by Coast Guard personnel of an aircraft accident referred to in subsection (a) that is conducted solely to determine the cause of the accident and to obtain information that may prevent the occurrence of similar accidents.” .John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. C title XXXV § 3531(c)(5) · 132 Stat. 1636
Substituted · 14 U.S.C. § 951(a)
Pub. L. 115–232 substituted “Commandant conducts” for “Commandant of the Coast Guard conducts”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–232 substituted “Commandant conducts” for “Commandant of the Coast Guard conducts”.Enacted provision · exact public law section
(5) in section 678(a) by striking “Commandant of the Coast Guard” and inserting “Commandant”;Frank LoBiondo Coast Guard Authorization Act of 2018
Pub. L. 115–282 title I § 107(b) · 132 Stat. 4192
Changed · 14 U.S.C. § 951
Pub. L. 115–282 renumbered section 678 of this title as this section
Source evidence
Code amendment note
Pub. L. 115–282 renumbered section 678 of this title as this section.Enacted provision · exact public law section
(b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 9 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 641Disposal of certain material901 653Employment of draftsmen and engineers902 656Use of certain appropriated funds903 666Local hire904 670Procurement authority for family housing905 671Air Station Cape Cod Improvements906 672Long-term lease of special purpose facilities907 672aLong-term lease authority for lighthouse property908 674Small boat station rescue capability909 675Small boat station closures910 676Search and rescue center standards911 676aAir facility closures912 677Turnkey selection procedures913 681Disposition of infrastructure related to E–LORAN914 635Oaths required for boards931 636Administration of oaths932 638Coast Guard ensigns and pennants933 639Penalty for unauthorized use of words “Coast Guard”934 640Coast Guard band recordings for commercial sale935 645Confidentiality of medical quality assurance records; qualified immunity for participants936 646Admiralty claims against the United States937 647Claims for damage to property of the United States938 648Accounting for industrial work939 649Supplies and equipment from stock940 650Coast Guard Supply Fund941 654Public and commercial vessels and other watercraft; sale of fuel, supplies, and services942 655Arms and ammunition; immunity from taxation943 658Confidential investigative expenses944 659Assistance to film producers945 664User fees946 667Vessel construction bonding requirements947 668Contracts for medical care for retirees, dependents, and survivors: alternative delivery of health care948 669Telephone installation and charges949 673Designation, powers, and accountability of deputy disbursing officials950 678Aircraft accident investigations951
3 of 3 references resolved to an enrolled provision
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 678 of this title as this section.
Subsec. (a). Pub. L. 115–232 substituted “Commandant conducts” for “Commandant of the Coast Guard conducts”.
Credits
2012–2018 · 3 acts
- 2012Added Pub. L. 112–213, title II, § 214(a), , 126 Stat. 1553, § 678
- 2018amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(5), , 132 Stat. 2320
- 2018renumbered § 951, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.
Show as published
(Added Pub. L. 112–213, title II, § 214(a), , 126 Stat. 1553, § 678; amended Pub. L. 115–232, div. C, title XXXV, § 3531(c)(5), , 132 Stat. 2320; renumbered § 951, Pub. L. 115–282, title I, § 107(b), , 132 Stat. 4205.)