Title 49 — Transportation

Chapter 11 — National Transportation Safety Board

§ 1116. Reports, studies, and retrospective reviews

Statutory text

Periodic Reports.—

The National Transportation Safety Board shall report periodically to Congress, departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities concerned with transportation safety, and other interested persons. The report shall—

advocate meaningful responses to reduce the likelihood of transportation accidents similar to those investigated by the Board; and

propose corrective action to make the transportation of individuals as safe and free from risk of injury as possible, including action to minimize personal injuries that occur in transportation accidents.

Studies, Investigations, and Other Reports.—

The Board also shall—

carry out special studies and investigations about transportation safety, including avoiding personal injury;

examine techniques and methods of accident investigation and periodically publish recommended procedures for accident investigations;

prescribe requirements for persons reporting accidents and aviation incidents that—

may be investigated by the Board under this chapter; or

involve public aircraft (except aircraft of the armed forces and the intelligence agencies);

evaluate, examine the effectiveness of, and publish the findings of the Board about the transportation safety consciousness of other departments, agencies, and instrumentalities of the Government and their effectiveness in preventing accidents; and

evaluate the adequacy of safeguards and procedures for the transportation of hazardous material and the performance of other departments, agencies, and instrumentalities of the Government responsible for the safe transportation of that material.

Annual Report.—

The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include—

a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year;

a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation;

a list of each recommendation made by the Board to the Secretary of Transportation or the Commandant of the Coast Guard that was closed in an unacceptable status in the preceding 12 months, including—

any explanation the Board received from the Secretary or Commandant; and

any explanation from the Board as to why the recommendation was closed in an unacceptable status, including a discussion of why alternate means, if any, taken by the Secretary or Commandant to address the Board’s recommendation were inadequate;

a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State;

a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year;

a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and

a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.

Retrospective Reviews.—

In general.—

Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board.

Contents.—

A review under paragraph (1) shall include—

a determination of whether the recommendation should be updated, closed, or reissued in light of—

changed circumstances;

more recently issued recommendations;

the availability of new technologies; or

new information making the recommendation ineffective or insufficient for achieving its objective; and

a justification for each determination under subparagraph (A).

Report.—

Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes—

the findings of the review under paragraph (1);

each determination under paragraph (2)(A) and justification under paragraph (2)(B); and

if applicable, a schedule for updating, closing, or reissuing a recommendation.

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.

1994
Pub. L. 103–272 § 1(d) · 108 Stat. 745
Enacted · 49 U.S.C. § 1116
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751
Source evidence
Code source credit
Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751
Enacted provision · exact public law section
(d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:
2018
National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1111(a)(1) · 132 Stat. 3187
Substituted · 49 U.S.C. § 1116
Pub. L. 115–254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline
Source evidence
Code amendment note
Pub. L. 115–254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline.
Enacted provision · exact public law section
(1) in the heading, by striking “and studies” and inserting “, studies, and retrospective reviews”; and
2018
National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1107(a) · 132 Stat. 3187
Added · 49 U.S.C. § 1116(c)
Pub. L. 115–254, § 1107(a), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–254, § 1107(a), added subsec. (c).
Enacted provision · exact public law section
(a) Redesignation.— Section 1116 of title 49, United States Code, is amended by adding at the end the following: “(c) Annual Report.— The National Transportation Safety Board shall submit a report to Congress on July 1 of each year. The report shall include— “(1) a statistical and analytical summary of the transportation accident investigations conducted and reviewed by the Board during the prior calendar year; “(2) a survey and summary of the recommendations made by the Board to reduce the likelihood of recurrence of those accidents together with the observed response to each recommendation; “(3) a detailed appraisal of the accident investigation and accident prevention activities of other departments, agencies, and instrumentalities of the United States Government and State and local governmental authorities having responsibility for those activities under a law of the United States or a State; “(4) a description of the activities and operations of the National Transportation Safety Board Training Center during the prior calendar year; “(5) a list of accidents, during the prior calendar year, that the Board was required to investigate under section 1131 but did not investigate and an explanation of why they were not investigated; and “(6) a list of ongoing investigations that have exceeded the expected time allotted for completion by Board order and an explanation for the additional time required to complete each such investigation.” .
2018
National Transportation Safety Board Reauthorization Act
Pub. L. 115–254 § 1111(a)(2) · 132 Stat. 3187
Added · 49 U.S.C. § 1116(d)
Pub. L. 115–254, § 1111(a)(2), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 115–254, § 1111(a)(2), added subsec. (d).
Enacted provision · exact public law section
(2) by adding at the end the following: “(d) Retrospective Reviews.— “(1) In general.— Subject to paragraph (2), not later than June 1, 2019, and at least every 5 years thereafter, the Chairman shall complete a retrospective review of recommendations issued by the Board that are classified as open by the Board. “(2) Contents.— A review under paragraph (1) shall include— “(A) a determination of whether the recommendation should be updated, closed, or reissued in light of— “(i) changed circumstances; “(ii) more recently issued recommendations; “(iii) the availability of new technologies; or “(iv) new information making the recommendation ineffective or insufficient for achieving its objective; and “(B) a justification for each determination under subparagraph (A). “(3) Report.— Not later than 180 days after the date a review under paragraph (1) is complete, the Chairman shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that includes— “(A) the findings of the review under paragraph (1); “(B) each determination under paragraph (2)(A) and justification under paragraph (2)(B); and “(C) if applicable, a schedule for updating, closing, or reissuing a recommendation.” .
2024
Pub. L. 118–63 title XII § 1209 · 138 Stat. 1425
1. Added · 49 U.S.C. § 1116(c)(3)(7)
  Pub. L. 118–63 added par. (3)
2. Redesignated · 49 U.S.C. § 1116(c)(3)(7)
  Pub. L. 118–63 redesignated former pars. (3) to (6) as (4) to (7), respectively
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(3) to (7). Pub. L. 118–63 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

4 of 6 references resolved to an enrolled provision · 2 unresolved

Notes

historicalAndRevision

Historical and Revision Notes
RevisedSection	Source (U.S. Code)	Source (Statutes at Large)
1116(a)	49 App.:1441(a)(3), (5) (related to reducing accidents).	Aug. 23, 1958, Pub. L. 85–726, § 701(a)(3), (5), 72 Stat. 781.
	49 App.:1655(c)(1).	Oct. 15, 1966, Pub. L. 89–670, § 6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, § 7(b), 96 Stat. 2444.
	49 App.:1655(d) (1st sentence).	Oct. 15, 1966, Pub. L. 89–670, § 6(d) (1st sentence), 80 Stat. 938.
	49 App.:1903(a)(1)(A), (3).	Jan. 3, 1975, Pub. L. 93–633, § 304(a)(1)(A), (3)–(5), (7), (8), 88 Stat. 2168, 2169.
1116(b)(1)	49 App.:1441(a)(5) (related to studies).
	49 App.:1655(d) (1st sentence).
	49 App.:1903(a)(1)(A), (4).
1116(b) (2)–(5)	49 App.:1903(a)(5).
	49 App.:1903(a)(6).	Jan. 3, 1975, Pub. L. 93–633, § 304(a)(6), 88 Stat. 2169; Nov. 3, 1981, Pub. L. 97–74, § 4, 95 Stat. 1065; Dec. 30, 1987, Pub. L. 100–223, § 311(a), 101 Stat. 1528.
	49 App.:1903(a)(7), (8).

In subsection (a)(1), the word “recommending” is omitted as being included in “advocate” in 49 App.:1903(a)(3). The word “recurrence” is omitted as surplus. The text of 49 App.:1441(a)(3) and (5) (related to reducing accidents) is omitted as superseded by 49 App.:1903(a)(3).

In subsection (b)(1), the words “carry out” are substituted for “initiate and conduct” in 49 App.:1903(a)(4) for consistency in the revised title and with other titles of the United States Code. The text of 49 App.:1441(a)(5) (related to studies) is omitted as superseded by 49 App.:1903(a)(4).

In subsection (b)(2), the word “examine” is substituted for “assess and reassess” for clarity. The words “prepare and” are omitted as surplus.

In subsection (b)(3), the words “by regulation” are omitted as unnecessary because of section 1113(f) of the revised title.

In subsection (b)(4), the word “effectiveness” is substituted for “efficacy” for clarity.

Editorial Notes

Amendments2018–2024 · 2 rounds

2024

Subsec. (c)(3) to (7). Pub. L. 118–63 added par. (3) and redesignated former pars. (3) to (6) as (4) to (7), respectively.

2018

Pub. L. 115–254, § 1111(a)(1), substituted “, studies, and retrospective reviews” for “and studies” in section catchline.

Subsec. (c). Pub. L. 115–254, § 1107(a), added subsec. (c).

Subsec. (d). Pub. L. 115–254, § 1111(a)(2), added subsec. (d).

Statutory Notes and Related Subsidiaries

Savings Clause

Pub. L. 115–254, div. C, § 1111(c), Oct. 5, 2018, 132 Stat. 3436, provided that: “Nothing in this section [amending this section] or the amendments made by this section may be construed to limit or otherwise affect the authority of the [National Transportation Safety] Board to update, close, or reissue a recommendation.”

Credits

1994–2024 · 3 acts

1994Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751
2018Pub. L. 115–254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436
2024Pub. L. 118–63, title XII, § 1209, May 16, 2024, 138 Stat. 1425.

Show as published

(Pub. L. 103–272, § 1(d), July 5, 1994, 108 Stat. 751; Pub. L. 115–254, div. C, §§ 1107(a), 1111(a), Oct. 5, 2018, 132 Stat. 3432, 3436; Pub. L. 118–63, title XII, § 1209, May 16, 2024, 138 Stat. 1425.)