Title 49 — Transportation
Chapter 11 — National Transportation Safety Board
§ 1113. Administrative
Statutory text
General Authority.—
The National Transportation Safety Board, and when authorized by it, a member of the Board, an administrative law judge employed by or assigned to the Board, or an officer or employee designated by the Chairman of the Board, may conduct hearings to carry out this chapter, administer oaths, and require, by subpoena or otherwise, necessary witnesses and evidence.
A witness or evidence in a hearing under paragraph (1) of this subsection may be summoned or required to be produced from any place in the United States to the designated place of the hearing. A witness summoned under this subsection is entitled to the same fee and mileage the witness would have been paid in a court of the United States.
A subpoena shall be issued under the signature of the Chairman or the Chairman’s delegate but may be served by any person designated by the Chairman.
If a person disobeys a subpoena, order, or inspection notice of the Board, the Board may bring a civil action in a district court of the United States to enforce the subpoena, order, or notice. An action under this paragraph may be brought in the judicial district in which the person against whom the action is brought resides, is found, or does business. The court may punish a failure to obey an order of the court to comply with the subpoena, order, or notice as a contempt of court.
Additional Powers.—
The Board may—
procure the temporary or intermittent services of experts or consultants under section 3109 of title 5;
make agreements and other transactions necessary to carry out this chapter without regard to section 6101(b) to (d) of title 41;
use, when appropriate, available services, equipment, personnel, and facilities of a department, agency, or instrumentality of the United States Government on a reimbursable or other basis;
confer with employees and use services, records, and facilities of State and local governmental authorities;
appoint advisory committees composed of qualified private citizens and officials of the Government and State and local governments as appropriate;
accept voluntary and uncompensated services notwithstanding another law;
accept gifts of money and other property;
make contracts with nonprofit entities to carry out studies related to duties and powers of the Board;
negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board;
notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter; and
notwithstanding section 3301 of title 41, acquire training on emerging transportation technologies if such training—
is required for an ongoing investigation; and
meets the criteria under section 3304(a)(7)(A) of title 41.
The Board shall deposit in the Treasury amounts received under paragraph (1)(I) of this subsection to be credited as offsetting collections to the appropriation of the Board. The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.
Submission of Certain Copies to Congress.—
When the Board submits to the President or the Director of the Office of Management and Budget a budget estimate, budget request, supplemental budget estimate, other budget information, a legislative recommendation, prepared testimony for congressional hearings, or comments on legislation, the Board must submit a copy to Congress at the same time. An officer, department, agency, or instrumentality of the Government may not require the Board to submit the estimate, request, information, recommendation, testimony, or comments to another officer, department, agency, or instrumentality of the Government for approval, comment, or review before being submitted to Congress. 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.
Liaison Committees.—
The Chairman may determine the number of committees that are appropriate to maintain effective liaison with other departments, agencies, and instrumentalities of the Government, State and local governmental authorities, and independent standard-setting authorities that carry out programs and activities related to transportation safety. The Board may designate representatives to serve on or assist those committees.
Inquiries.—
The Board, or an officer or employee of the Board designated by the Chairman, may conduct an inquiry to obtain information related to transportation safety after publishing notice of the inquiry in the Federal Register. The Board or designated officer or employee may require by order a department, agency, or instrumentality of the Government, a State or local governmental authority, or a person transporting individuals or property in commerce to submit to the Board a written report and answers to requests and questions related to a duty or power of the Board. The Board may prescribe the time within which the report and answers must be given to the Board or to the designated officer or employee. Copies of the report and answers shall be made available for public inspection.
Regulations.—
The Board may prescribe regulations to carry out this chapter.
Overtime Pay.—
In general.—
Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS–10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay.
Limitation on overtime pay to an employee.—
An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year.
Limitation on total amount of overtime pay.—
The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year.
Basic pay defined.—
In this subsection, the term “basic pay” includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law).
Strategic Workforce Plan.—
In general.—
The Board shall develop a strategic workforce plan that addresses the immediate and long-term workforce needs of the Board with respect to carrying out the authorities and duties of the Board under this chapter.
Aligning the workforce to strategic goals.—
In developing the strategic workforce plan under paragraph (1), the Board shall take into consideration—
the current state and capabilities of the Board, including a high-level review of mission requirements, structure, workforce, and performance of the Board;
the significant workforce trends, needs, issues, and challenges with respect to the Board and the transportation industry;
with respect to employees involved in transportation safety work, the needs, issues, and challenges, including accident severity and risk, posed by each mode of transportation, and how the Board’s staffing for each transportation mode reflects these aspects;
the workforce policies, strategies, performance measures, and interventions to mitigate succession risks that guide the workforce investment decisions of the Board;
a workforce planning strategy that identifies workforce needs, including the knowledge, skills, and abilities needed to recruit and retain skilled employees at the Board;
a workforce management strategy that is aligned with the mission of the Board, including plans for continuity of leadership and knowledge sharing;
an implementation system that addresses workforce competency gaps, particularly in mission-critical occupations; and
a system for analyzing and evaluating the performance of the Board’s workforce management policies, programs, and activities.
Planning period.—
The strategic workforce plan developed under paragraph (1) shall address a 5-year forecast period, but may include planning for longer periods based on information about emerging technologies or safety trends in transportation.
Plan updates.—
The Board shall update the strategic workforce plan developed under paragraph (1) not less than once every 5 years.
Relationship to strategic plan.—
The strategic workforce plan developed under paragraph (1) may be developed separately from, or incorporated into, the strategic plan required under section 306 of title 5.
Availability.—
The strategic workforce plan under paragraph (1) and the strategic plan required under section 306 of title 5 shall be—
submitted to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate; and
made available to the public on a website of the Board.
Non-accident-related Travel Budget.—
In general.—
The Board shall establish annual fiscal year budgets for non-accident-related travel expenditures for each Board member.
Notification.—
The Board shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate of any non-accident-related travel budget overrun for any Board member not later than 30 days of such overrun becoming known to the Board.
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.
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 1113
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 747Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:National Transportation Safety Board Amendments Act of 2000
Pub. L. 106–424 § 3(a) · 114 Stat. 1883
Amended · 49 U.S.C. § 1113(b)(1)(I)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (b)(1)(I). Pub. 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.”Enacted provision · exact public law section
(a) In General.— Section 1113(b)(1)(I) is amended to read as follows: “(I) negotiate and enter into agreements with individuals and private entities and departments, agencies, and instrumentalities of the Government, State and local governments, and governments of foreign countries for the provision of facilities, accident-related and technical services or training in accident investigation theory and techniques, and require that such entities provide appropriate consideration for the reasonable costs of any facilities, goods, services, or training provided by the Board. ” .National Transportation Safety Board Amendments Act of 2000
Pub. L. 106–424 § 3(b)(1) · 114 Stat. 1883
Inserted · 49 U.S.C. § 1113(b)(2)
Pub. L. 106–424, § 3(b)(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
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 106–424, § 3(b)(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.Enacted provision · exact public law section
(1) Section 1113(b)(2) is amended— (A) by inserting “as offsetting collections” after “to be credited”; and (B) by adding after “Board.” the following: “The Board shall maintain an annual record of collections received under paragraph (1)(I) of this subsection.”.National Transportation Safety Board Amendments Act of 2000
Pub. L. 106–424 § 4 · 114 Stat. 1883
Added · 49 U.S.C. § 1113(g)
Pub. L. 106–424, § 4, added subsec. (g)
Source evidence
Code amendment note
Subsec. (g). Pub. L. 106–424, § 4, added subsec. (g).Enacted provision · exact public law section
SEC. 4. OVERTIME PAY. Section 1113 is amended by adding at the end the following: “(g) Overtime Pay.— “(1) In general.— Subject to the requirements of this section and notwithstanding paragraphs (1) and (2) of section 5542(a) of title 5, for an employee of the Board whose basic pay is at a rate which equals or exceeds the minimum rate of basic pay for GS-10 of the General Schedule, the Board may establish an overtime hourly rate of pay for the employee with respect to work performed at the scene of an accident (including travel to or from the scene) and other work that is critical to an accident investigation in an amount equal to one and one-half times the hourly rate of basic pay of the employee. All of such amount shall be considered to be premium pay. “(2) Limitation on overtime pay to an employee.— An employee of the Board may not receive overtime pay under paragraph (1), for work performed in a calendar year, in an amount that exceeds 15 percent of the annual rate of basic pay of the employee for such calendar year. “(3) Limitation on total amount of overtime pay.— The Board may not make overtime payments under paragraph (1) for work performed in any fiscal year in a total amount that exceeds 1.5 percent of the amount appropriated to carry out this chapter for that fiscal year. “(4) Basic pay defined.— In this subsection, the term ‘basic pay’ includes any applicable locality-based comparability payment under section 5304 of title 5 (or similar provision of law) and any special rate of pay under section 5305 of title 5 (or similar provision of law). “(5) Annual Report.— 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).” .Pub. L. 109–443 § 9(e) · 120 Stat. 3297
Substituted · 49 U.S.C. § 1113(a)(3)
Pub. L. 109–443, § 9(e), substituted “subpoena” for “subpena”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 109–443, § 9(e), substituted “subpoena” for “subpena”.Enacted provision · exact public law section
(e) Spelling Correction.— Section 1113(a) of such title is amended in paragraphs (3) and (4) by striking “subpena” and inserting “subpoena”.Pub. L. 109–443 § 9(e) · 120 Stat. 3297
Substituted · 49 U.S.C. § 1113(a)(4)
Pub. 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
Source evidence
Code amendment note
Subsec. (a)(4). Pub. 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.Enacted provision · exact public law section
(e) Spelling Correction.— Section 1113(a) of such title is amended in paragraphs (3) and (4) by striking “subpena” and inserting “subpoena”.Pub. L. 109–443 § 9(f) · 120 Stat. 3297
Inserted · 49 U.S.C. § 1113(c)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (c). Pub. 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.”Enacted provision · exact public law section
(f) Board Review.— Section 1113(c) of such title is amended by inserting after the period at the end the following: “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.”.Pub. L. 109–443 § 9(g) · 120 Stat. 3297
Added · 49 U.S.C. § 1113(h)
Pub. L. 109–443, § 9(g), added subsec. (h)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 109–443, § 9(g), added subsec. (h).Enacted provision · exact public law section
(g) Investigative Officers.— Section 1113 of such title is amended by adding at the end the following: “(h) Investigative Officers.— 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.” .Pub. L. 111–350 § 5 · 124 Stat. 3677
Substituted · 49 U.S.C. § 1113(b)(1)(B)
Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.Enacted provision · exact public law section
SEC. 5. CONFORMING CROSS-REFERENCES. (a) Title 5.— Title 5, United States Code, is amended as follows: (1) In section 504(b)(1)(C)(ii)— (A) strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; and (B) strike “section 8 of that Act (41 U.S.C. 607)” and substitute “section 7105 of title 41”. (2) In section 551(1)(H), strike “chapter 2 of title 41;”. (3) In section 701(b)(1)(H), strike “chapter 2 of title 41;”. (4) In section 3109(b)(3), strike “section 5” and substitute “section 6101(b) to (d)”. (5) In section 3374(c)(2), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (6) In section 3704(b)(2)(G), strike “section 27 of the Office of Federal Procurement Policy Act” and substitute “chapter 21 of title 41”. (7) In section 4105, strike “section 5” and substitute “section 6101(b) to (d)”. (8) In section 5102(c)(30), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”. (9) In section 5372a— (A) in subsection (a)(1)— (i) strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(2), (c)(2), or (d)(2) of title 41”; and (ii) strike “section 42 of the Office of Federal Procurement Policy Act” and substitute “section 7105(b)(2) of title 41”; and (B) in subsection (a)(2), strike “section 8 of the Contract Disputes Act of 1978” and substitute “section 7105(a)(1), (c)(1), or (d)(1) of title 41”. (10) In section 7342(e)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (11) In section 8709(a), strike “section 5” and substitute “section 6101(b) to (d)”. (12) In section 8714a(a), strike “section 5” and substitute “section 6101(b) to (d)”. (13) In section 8714b(a), strike “section 5” and substitute “section 6101(b) to (d)”. (14) In section 8714c(a), strike “section 5” and substitute “section 6101(b) to (d)”. (15) In section 8902(a), strike “section 5” and substitute “section 6101(b) to (d)”. (16) In section 8953(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (17) In section 8983(a)(1), strike “section 5” and substitute “section 6101(b) to (d)”. (18) In section 9003— (A) in subsection (a), strike “section 5” and substitute “section 6101(b) to (d)”; (B) in subsection (c)(3), before subparagraph (A), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; (C) in subsection (c)(3)(A), strike “(after appropriate arrangements, as described in section 8(c) of such Act)”; and (D) in subsection (c)(3)(B), strike “section 10(a)(1) of such Act” and substitute “section 7104(b)(1) of title 41”. (19) In section 9009, strike “section 26(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 422(f))” and substitute “section 1502(a) and (b) of title 41”. (b) Title 10.— Title 10, United States Code, is amended as follows: (1) In section 133(c)(1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (2) In section 2013(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b)–(d) of title 41”. (3) In section 2194(b)(2), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (4) In section 2201— (A) in subsection (b), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”; and (B) in subsection (c), strike “section 3732(a) of the Revised Statutes (41 U.S.C. 11(a))” and substitute “section 6301(a) and (b)(1)–(3) of title 41”. (5) In section 2207(b), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (6) In section 2225(f)— (A) in paragraph (1), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; and (B) in paragraph (2), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (7) In section 2226(b), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (8) In section 2302— (A) in paragraph (3), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”; (B) in paragraph (6), strike “section 25(c)(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 421(c)(1))” and substitute “section 1303(a)(1) of title 41”; and (C) in paragraph (7), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (9) In section 2302a— (A) in subsection (a), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”; and (B) in subsection (b), strike “section 33 of the Office of Federal Procurement Policy Act” and substitute “section 1905 of title 41”. (10) In section 2302b, strike “section 31 of the Office of Federal Procurement Policy Act” and substitute “section 1901 of title 41”. (11) In section 2302c— (A) in subsection (a)(1), strike “section 30 of the Office of Federal Procurement Policy Act (41 U.S.C. 426)” and substitute “section 2301 of title 41”; and (B) in subsection (b), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”. (12) In section 2304— (A) in subsection (f)(1)(B)(iii), strike “section 16(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 414(c))” and substitute “section 1702(c) of title 41”; (B) in subsection (f)(1)(C), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; (C) in subsection (f)(2)(D), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; (D) in subsection (g)(4), strike “section 31(f) of the Office of Federal Procurement Policy Act (41 U.S.C. 427)” and substitute “section 1901(e) of title 41”; and (E) in subsection (h)(1), strike “The Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “Chapter 65 of title 41”. (13) In section 2304b— (A) in subsection (c), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”; and (B) in subsection (f)(3), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (14) In section 2304c(a)(1), strike “section 18 of the Office of Federal Procurement Policy Act (41 U.S.C. 416)” and substitute “section 1708 of title 41”. (15) In section 2306a(h)(3), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (16) In section 2314, strike “Sections 3709 and 3735 of the Revised Statutes (41 U.S.C. 5 and 13)” and substitute “Sections 6101(b)–(d) and 6304 of title 41”. (17) In section 2318— (A) in subsection (a)(1), strike “section 20(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(a))” and substitute “section 1705(a) of title 41”; and (B) in subsection (a)(2), strike “sections 20(b) and 20(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 418(b), (c))” and substitute “section 1705(b) and (c) of title 41”. (18) In section 2321(h), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (19) In section 2324— (A) in subsection (d)(1), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (d)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; (C) in subsection (e)(1)(P), strike “section 39 of the Office of Federal Procurement Policy Act (41 U.S.C. 435)” and substitute “section 1127 of title 41”; and (D) in subsection (e)(2)(C), strike “(41 U.S.C. 10b–1)” and substitute “(as added by section 7002(2) of the Omnibus Trade and Competitiveness Act of 1988)”. (20) In section 2343, strike “section 3741 of the Revised Statutes (41 U.S.C. 22)” and substitute “section 6306 of title 41”. (21) In section 2375(b), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (22) In section 2376(1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “chapter 1 of title 41”. (23) In section 2384— (A) in subsection (b)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”; and (B) in subsection (b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (24) In section 2393(d)— (A) strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (25) In section 2402— (A) in subsection (c), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (d)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (26) In section 2408— (A) in subsection (a)(4)(A), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”; and (B) in subsection (a)(4)(B), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (27) In section 2410(c), strike “section 4(11) of the Office of Federal Procurement Policy Act” and substitute “section 134 of title 41”. (28) In section 2410b(c), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (29) In section 2410d— (A) in subsection (b)(2)(A), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(2)(B), strike “handicapped, as defined in section 5(4) of such Act (41 U.S.C. 48b(4))” and substitute “disabled, as defined in section 8501(6) of title 41”; and (C) in subsection (b)(2)(C), strike “section 2(c) of such Act (41 U.S.C. 47(c))” and substitute “section 8503(c) of title 41”. (30) In section 2410g(d)(1), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”. (31) In section 2410i(b)(1), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11)))” and substitute “section 134 of title 41)”. (32) In section 2410m— (A) in subsection (a), before paragraph (1), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (B) in subsection (a)(2), strike “section 7 of such Act (41 U.S.C. 606)” and substitute “section 7104(a) of title 41”; and (C) in subsection (b)(1)(A), strike “section 10(a) of the Contract Disputes Act of 1978 (41 U.S.C. 609(a))” and substitute “section 7104(b) of title 41”. (33) In section 2457(e), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (34) In section 2461(c)(1), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (35) In section 2485(b)(1), strike “section 4(6) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(6))” and substitute “section 107 of title 41”. (36) In the chapter analysis for subchapter V of chapter 148, in the item for section 2533, strike “the Buy American Act” and substitute “chapter 83 of title 41”. (37) In section 2533— (A) in the section catchline, strike “the Buy American Act” and substitute “chapter 83 of title 41”; and (B) in subsection (a), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”. (38) In section 2533a(i), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”. (39) In section 2533b— (A) in subsection (h), strike “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” and substitute “section 1906 of title 41”; and (B) in subsection (j), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 105 of title 41”. (40) In section 2534(g)(2), strike “section 33 of the Office of Federal Procurement Policy Act (41 U.S.C. 429)” and substitute “section 1905 of title 41”. (41) In section 2562(a)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (42) In section 2576(a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (43) In section 2636(b)(3), strike “section 4(11) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(11))” and substitute “section 134 of title 41”. (44) In section 2667(f)(1), strike “Notwithstanding subsection (a)(3) or subtitle I of title 40 and title III of the Federal Property and Administrative Services Act of 1949 (to the extent subtitle I and title III are inconsistent with this subsection)” and substitute “Notwithstanding subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41 (to the extent those provisions are inconsistent with this subsection) or subsection (a)(2) of this section”. (45) In section 2664(a), strike “title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (46) In section 2691(b), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (47) In section 2696(a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (48) In section 2836(g), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (49) In section 2854a(d)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (50) In section 2878(d)(2), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (51) In the chapter analysis for chapter 633, in the item for section 7299, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”. (52) In section 7299— (A) in the heading, strike “Walsh-Healey Act” and substitute “chapter 65 of title 41”; and (B) strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (53) In section 7305(d)— (A) strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) strike “under subtitle I of title 40 and such title III” and substitute “under those provisions”. (54) In section 9444(b)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (55) In section 9781(g), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (c) Title 14.— Title 14, United States Code, is amended as follows: (1) In section 92(d), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 93(h), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (3) In section 641(a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (4) In section 685(c)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (d) Title 18.— Title 18, United States Code, is amended as follows: (1) In section 3672, strike “section 3709 of the Revised Statutes of the United States” and substitute “section 6101(b) to (d) of title 41”. (2) In section 4124(c), strike “section 6(d)(4) of the Office of Federal Procurement Policy Act” and substitute “section 1122(a)(4) of title 41”. (e) Title 23.— Title 23, United States Code, is amended as follows: (1) In section 140— (A) in subsection (b), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5),” and substitute “section 6101(b) to (d) of title 41”; and (ii) strike “section 302(e) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252(e))” and substitute “section 3106 of title 41”. (2) In section 502(c)(5), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (f) The Internal Revenue Code of 1986.— Section 7608(c)(1) of the Internal Revenue Code of 1986 (26 U.S.C. 7608(c)(1)) is amended— (1) in subparagraph (A)(i)(II), by striking “sections 11(a) and 22” and substituting “sections 6301(a) and (b)(1)–(3) and 6306”; (2) in subparagraph (A)(i)(III), by striking “section 255” and substituting “chapter 45”; and (3) in subparagraph (A)(i)(V), by striking “section 254(a) and (c)” and substituting “section 3901”. (g) Title 28.— Title 28, United States Code, is amended as follows: (1) In the last sentence of section 524(c)(1), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41”. (2) In section 604(a)(10)(C), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 624(3), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) In section 753(g), strike “section 3709 of the Revised Statutes of the United States, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 1295— (A) in subsection (a)(10), strike “section 8(g)(1) of the Contract Disputes Act of 1978 (41 U.S.C. 607(g)(1))” and substitute “section 7107(a)(1) of title 41”; (B) in subsection (b), strike “section 10(b) of the Contract Disputes Act of 1978 (41 U.S.C. 609(b))” and substitute “section 7107(b) of title 41”; and (C) in subsection (c), strike “section 10(b) of the Contract Disputes Act of 1978” and substitute “section 7107(b) of title 41”. (6) In section 1346(a)(2), strike “sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978” and substitute “sections 7104(b)(1) and 7107(a)(1) of title 41”. (7) In section 1491(a)(2), strike “section 10(a)(1) of the Contract Disputes Act of 1978” and substitute “section 7104(b)(1) of title 41”. (8) In section 2401(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (9) In section 2412— (A) in subsection (d)(2)(E), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”; and (B) in subsection (d)(3), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (10) In section 2414, strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (11) In section 2517(a), strike “the Contract Disputes Act of 1978” and substitute “chapter 71 of title 41”. (h) Title 31.— Title 31, United States Code, is amended as follows: (1) In section 506, strike “section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a))” and substitute “section 1101(a) of title 41”. (2) In section 731(i)(7), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”. (3) In section 781(c)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (4) Section 1344(h)(2)(A) is amended to read as follows: “(A) a department— “(i) including independent establishments, other agencies, and wholly owned Government corporations; but “(ii) not including the Senate, House of Representatives, or Architect of the Capitol, or the officers or employees thereof;” . (5) In section 3567, strike “section 4(1) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(1))” and substitute “section 133 of title 41”. (6) In section 3718(b)(1)(A), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 and following)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (7) In section 3902(a), strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”. (8) In section 3907— (A) in subsection (a), strike “section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605)” and substitute “section 7103 of title 41”; (B) in subsection (b)(1)(A), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”; (C) in subsection (b)(2)— (i) strike “section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611)” and substitute “section 7109(a)(1) and (b) of title 41”; and (ii) in the second sentence, strike “section 12” and substitute “section 7109(a)(1) and (b)”; and (D) in subsection (c), strike “the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.)” and substitute “chapter 71 of title 41”. (9) In section 6202(c)(2), strike “section 6(d)(5) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(d)(5))” and substitute “section 1122(a)(4) of title 41”. (10) In section 9703(b)(3), as added by section 638(b)(1) of the Act of October 6, 1992 (Public Law 102–393, 106 Stat. 1779), strike “section 3709 of the Revised Statutes of the United States (41 U.S.C. 5), title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41, section 6101(b) to (d) of title 41”. (i) Title 35.— Title 35, United States Code, is amended as follows: (1) In section 2(b)(4)(A), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 203(b), strike “the Contract Disputes Act (41 U.S.C. § 601 et seq.)” and substitute “chapter 71 of title 41”. (j) Title 38.— Title 38, United States Code, is amended as follows: (1) In section 1720(c)(2), strike “section 2(b)(1) of the Service Contract Act of 1965 (41 U.S.C. 351(b)(1))” and substitute “section 6704(a) of title 41”. (2) In section 1966(a), strike “section 3709 of the Revised Statutes, as amended (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 3720(b), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (4) In section 7317(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (5) In section 7802(f), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (6) In section 8122— (A) in subsection (a)(1), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”; and (B) in subsection (c)— (i) strike “(41 U.S.C. 252(c))”; and (ii) strike “section 304 of that Act (41 U.S.C. 254)” and substitute “sections 3901 and 3905 of title 41”. (7) In section 8127— (A) in subsection (b), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”; and (B) in subsection (c)(2), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 134 of title 41”. (8) In section 8153(a)— (A) in paragraph (3)(B)(ii), strike “section 22 of the Office of Federal Procurement Policy Act (41 U.S.C. 418b)” and substitute “section 1707 of title 41”; and (B) in paragraph (3)(D), strike “section 303(f) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253(f))” and substitute “section 3304(e) of title 41”. (9) In section 8201(e), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (k) Title 39.— Section 410(b) of title 39, United States Code, is amended by striking paragraph (5) and substituting— “(5) chapters 65 and 67 of title 41;” . (l) Title 40.— Title 40, United States Code, is amended as follows: (1) In the chapter analysis for chapter 1, in item 111, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 102, before paragraph (1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (3) In section 111— (A) in the section catchline, strike “Federal Property and Administrative Services Act of 1949” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) before paragraph (1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (4) In section 113(b)— (A) in the heading, strike “the Office of Federal Procurement Policy Act” and substitute “Division B (Except Sections 1704 and 2303) of Subtitle I of Title 41”; and (B) strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (Except Sections 1704 and 2303) of subtitle I of title 41”. (5) In section 311— (A) in subsection (a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) in subsection (b), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (6) In section 501(b)(2)(B), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (7) In section 502— (A) in subsection (b)(1)(A)(i), strike “section 5(3) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(3))” and substitute “section 8501(7) of title 41”; (B) in subsection (b)(1)(A)(ii), strike “handicapped (as defined in section 5(4) of the Javits-Wagner-O’Day Act (41 U.S.C. 48b(4)))” and substitute “disabled (as defined in section 8501(6) of title 41)”; (C) in subsection (b)(1)(B), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”; and (D) in subsection (b)(2), strike “section 2 of the Javits-Wagner-O’Day Act (41 U.S.C. 47)” and substitute “section 8503 of title 41”. (8) In section 503(b)— (A) in paragraph (1), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”; and (B) in paragraph (3)— (i) in the heading, strike “Section 3709 of revised statutes” and substitute “Section 6101(b) to (d) of title 41”; and (ii) strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (9) In section 506(a)(1)(D), strike “the Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “division B (except sections 1704 and 2303) of subtitle I of title 41”. (10) In section 545(f), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b)–(d) of title 41”. (11) In section 593(a)(2), strike “the Javits-Wagner-O’Day Act (41 U.S.C. 46 et seq.)” and substitute “chapter 85 of title 41”. (12) In section 1305, strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (13) In section 1308, strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (14) In section 3148, strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (15) In section 3304(d)(2), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (16) In section 3305(a)— (A) in paragraph (1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (B) in paragraph (2), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (17) In section 3308(a), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (18) In section 3310(2), strike “section 303 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253)” and substitute “sections 3105, 3301, and 3303 to 3305 of title 41”. (19) In section 3701(b)(3)(A)(ii), strike “the Walsh-Healey Act (41 U.S.C. 35 et seq.)” and substitute “chapter 65 of title 41”. (20) In section 3704(b)(1), strike “sections 4 and 5 of the Walsh-Healey Act (41 U.S.C. 38, 39)” and substitute “sections 6506 and 6507 of title 41”. (21) In section 3707, strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”. (22) In section 6111(b)(2)(D), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (23) In section 8711(d), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (24) In section 11101— (A) in paragraph (1), strike “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” and substitute “section 103 of title 41”; and (B) in paragraph (2), strike “section 4 of the Act (41 U.S.C. 403)” and substitute “section 133 of title 41”. (m) Title 44.— Title 44, United States Code, is amended as follows: (1) In the chapter analysis for chapter 3, in the item for section 311, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 311— (A) in the section catchline, strike “the Federal Property and Administrative Services Act” and substitute “subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (a), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; and (C) in subsection (c), strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (n) Title 46.— Section 51703(b)(2) of title 46, United States Code, is amended by striking “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substituting “section 6101(b) to (d) of title 41”. (o) Title 49.— Title 49, United States Code, is amended as follows: (1) In section 103(e), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”. (2) In section 1113(b)(1)(B) strike “section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “section 6101(b) to (d) of title 41”. (3) In section 5334(j)(2), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (4) In section 10721, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (5) In section 13712, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (6) In section 15504, strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”. (7) In section 40110— (A) in subsection (d)(2)(A), strike “Title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252–266)” and substitute “Division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”; (B) in subsection (d)(2)(B), strike “The Office of Federal Procurement Policy Act (41 U.S.C. 401 et seq.)” and substitute “Division B (except sections 1704 and 2303) of subtitle I of title 41”; (C) in subsection (d)(2)(C), strike “, except for section 315 (41 U.S.C. 265). For the purpose of applying section 315 of that Act to the system,” and substitute “. However, section 4705 of title 41 shall apply to the new acquisition management system developed and implemented pursuant to paragraph (1). For the purpose of applying section 4705 of title 41 to the system,”; and (D) in subsection (d)(3)— (i) in the heading, strike “the office of federal procurement policy act” and substitute “division b (except sections 1704 and 2303) of subtitle i of title 41”; (ii) before subparagraph (A), strike “section 27 of the Office of Federal Procurement Policy Act (41 U.S.C. 423)” and substitute “chapter 21 of title 41”; and (iii) in subparagraph (A), strike “Subsections (f) and (g)” and substitute “Sections 2101 and 2106 of title 41”. (8) In section 40118(f)(2), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12))” and substitute “section 103 of title 41”. (9) In section 47305(d), strike “Section 3709 of the Revised Statutes (41 U.S.C. 5)” and substitute “Section 6101(b) to (d) of title 41”.National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1112(e) · 132 Stat. 3187
Substituted · 49 U.S.C. § 1113(a)(1)
Pub. L. 115–254, § 1112(e), substituted “subpoena” for “subpena”
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 115–254, § 1112(e), substituted “subpoena” for “subpena”.Enacted provision · exact public law section
(e) Technical Amendment.— Section 1113(a)(1) of such title is amended by striking “subpena” and inserting “subpoena”.National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1112(c) · 132 Stat. 3187
Added · 49 U.S.C. § 1113(b)(1)(J)
Pub. L. 115–254, § 1112(c), added subpar. (J)
Source evidence
Code amendment note
Subsec. (b)(1)(J). Pub. L. 115–254, § 1112(c), added subpar. (J).Enacted provision · exact public law section
(c) Authority To Acquire Small Unmanned Aircraft Systems for Investigation Purposes.— Section 1113(b)(1) of such title is amended— (1) in subparagraph (H), by striking “and” at the end; (2) in subparagraph (I), by striking the period at the end and inserting “; and”; and (3) by adding at the end the following: “(J) notwithstanding section 1343 of title 31, acquire 1 or more small unmanned aircraft (as defined in section 44801) for use in investigations under this chapter.” .National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1112(d) · 132 Stat. 3187
Struck · 49 U.S.C. § 1113(h)
Pub. 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.”
Source evidence
Code amendment note
Subsec. (h). Pub. 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.”Enacted provision · exact public law section
(d) Investigative Officers.— Section 1113 of such title is amended by striking subsection (h).Pub. L. 118–63 § 1204(a) · 138 Stat. 1422-1424
Added · 49 U.S.C. § 1113(b)(1)(K)
Pub. L. 118–63, § 1204(a), added subpar. (K)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (b)(1)(K). Pub. L. 118–63, § 1204(a), added subpar. (K).Pub. L. 118–63 § 1205 · 138 Stat. 1422-1424
Struck · 49 U.S.C. § 1113(g)(5)
Pub. L. 118–63, § 1205, struck out par. (5). Text 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).”
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 118–63, § 1205, struck out par. (5). Text 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).”Pub. L. 118–63 § 1206 · 138 Stat. 1422-1424
Added · 49 U.S.C. § 1113(h)
Pub. L. 118–63, § 1206, added subsec. (h)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (h). Pub. L. 118–63, § 1206, added subsec. (h).Pub. L. 118–63 § 1207(a) · 138 Stat. 1422-1424
Added · 49 U.S.C. § 1113(i)
Pub. L. 118–63, § 1207(a), added subsec. (i)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (i). Pub. L. 118–63, § 1207(a), added subsec. (i).
12 of 16 references resolved to an enrolled provision · 4 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 1113(a) | 49 App.:1903(b)(1), (3). | Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (b)(1), (3), (4), (7)–(9), 88 Stat. 2168, 2169, 2170; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876. |
| 1113(b)(1)(A) | 49 App.:1441(b) (words before semicolon). | Aug. 23, 1958, Pub. L. 85–726, § 701(b), 72 Stat. 781. |
| 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), (b)(6)(C). | ||
| 1113(b)(1)(B) | 49 App.:1903(b)(4). | |
| 1113(b)(1)(C) | 49 App.:1441(b) (words after semicolon). | |
| 49 App.:1655(d) (1st sentence). | ||
| 49 App.:1903(a)(1)(A). | ||
| 49 App.:1903(b)(6)(A). | Jan. 3, 1975, Pub. L. 93–633, § 304(b)(6), 88 Stat. 2170; July 19, 1988, Pub. L. 100–372, § 5, 102 Stat. 877. | |
| 1113(b) (1)(D)–(I), (2) | 49 App.:1903(b)(6)(B), (D)–(H). | |
| 1113(c) | 49 App.:1903(b)(7). | |
| 1113(d) | 49 App.:1903(b)(8). | |
| 1113(e) | 49 App.:1903(b)(9). | |
| 1113(f) | 49 App.:1903(b)(12). | Jan. 3, 1975, Pub. L. 93–633, § 304(b)(12), 88 Stat. 2171; July 19, 1988, Pub. L. 100–372, § 4, 102 Stat. 876; Nov. 28, 1990, Pub. 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 (b)(1)(A), the text of 49 App.:1441(b) (words before semicolon) is omitted as superseded by 49 App.:1903(b)(6)(C).
In subsection (b)(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 (b)(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(b)(6)(A) for consistency in the revised title and with other titles of the Code. The text of 49 App.:1441(b) (words after semicolon) is omitted as superseded by 49 App.:1903(b)(6)(A).
In subsection (b)(1)(D), the word “available” is omitted as surplus.
In subsection (b)(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 (b)(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 (b)(1)(H), the words “public or private” are omitted as surplus.
Subsection (b)(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.
Amendments2000–2024 · 5 rounds
2024
Subsec. (b)(1)(K). Pub. L. 118–63, § 1204(a), added subpar. (K).
Subsec. (g)(5). Pub. L. 118–63, § 1205, struck out par. (5). Text read as follows: “Not later than , 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). Pub. L. 118–63, § 1206, added subsec. (h).
Subsec. (i). Pub. L. 118–63, § 1207(a), added subsec. (i).
2018
Subsec. (a)(1). Pub. L. 115–254, § 1112(e), substituted “subpoena” for “subpena”.
Subsec. (b)(1)(J). Pub. L. 115–254, § 1112(c), added subpar. (J).
Subsec. (h). Pub. 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. (b)(1)(B). Pub. L. 111–350 substituted “section 6101(b) to (d) of title 41” for “section 3709 of the Revised Statutes (41 U.S.C. 5)”.
2006
Subsec. (a)(3). Pub. L. 109–443, § 9(e), substituted “subpoena” for “subpena”.
Subsec. (a)(4). Pub. 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). Pub. 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). Pub. L. 109–443, § 9(g), added subsec. (h).
2000
Subsec. (b)(1)(I). Pub. 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. (b)(2). Pub. L. 106–424, § 3(b)(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). Pub. L. 106–424, § 4, added subsec. (g).
Statutory Notes and Related Subsidiaries
Relief From Contracting Requirements for Investigations Services
Pub. L. 108–168, § 4, , 117 Stat. 2033, as amended by Pub. L. 109–443, § 3, , 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(b)(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.
“(b) 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
Pub. L. 106–424, § 9, , 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 congressional committees with detailed travel reports, was repealed by Pub. L. 118–63, title XII, § 1207(b), , 138 Stat. 1424.
Credits
1994–2024 · 6 acts
- 1994Pub. L. 103–272, § 1(d), , 108 Stat. 747
- 2000Pub. L. 106–424, §§ 3(a), (b)(1), 4, , 114 Stat. 1883, 1884
- 2006Pub. L. 109–443, § 9(e)–(g), , 120 Stat. 3301
- 2011Pub. L. 111–350, § 5(o)(2), , 124 Stat. 3853
- 2018Pub. L. 115–254, div. C, § 1112(c)–(e), , 132 Stat. 3437, 3438
- 2024Pub. L. 118–63, title XII, §§ 1204(a), 1205–1207(a), , 138 Stat. 1422–1424.
Show as published
(Pub. L. 103–272, § 1(d), , 108 Stat. 747; Pub. L. 106–424, §§ 3(a), (b)(1), 4, , 114 Stat. 1883, 1884; Pub. L. 109–443, § 9(e)–(g), , 120 Stat. 3301; Pub. L. 111–350, § 5(o)(2), , 124 Stat. 3853; Pub. L. 115–254, div. C, § 1112(c)–(e), , 132 Stat. 3437, 3438; Pub. L. 118–63, title XII, §§ 1204(a), 1205–1207(a), , 138 Stat. 1422–1424.)