[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2202 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2202

To amend title 49, United States Code, to authorize appropriations for 
   the National Transportation Safety Board, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 6, 2017

 Mr. Thune (for himself, Mr. Nelson, Mrs. Fischer, Mr. Booker, and Mr. 
Blunt) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
To amend title 49, United States Code, to authorize appropriations for 
   the National Transportation Safety Board, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS; REFERENCES.

    (a) Short Title.--This Act may be cited as the ``National 
Transportation Safety Board Reauthorization Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents; references.
Sec. 2. Definitions.
Sec. 3. Authorization of appropriations.
Sec. 4. Still images.
Sec. 5. Information sharing.
Sec. 6. Electronic records.
Sec. 7. Report on Most Wanted List methodology.
Sec. 8. Methodology sections.
Sec. 9. Addressing the needs of families of individuals involved in 
                            accidents.
Sec. 10. Government Accountability Office report on investigation 
                            launch decision-making processes.
Sec. 11. Periodic review of safety recommendations.
Sec. 12. General organization.
Sec. 13. Technical and conforming amendments.
    (c) References to Title 49, United States Code.--Except as 
otherwise expressly provided, wherever in this Act an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of title 49, United States Code.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the National 
        Transportation Safety Board.
            (2) Chairman.--The term ``Chairman'' means the Chairman of 
        the National Transportation Safety Board.
            (3) Most wanted list.--The term ``Most Wanted List'' means 
        the Board publication entitled ``Most Wanted List''.

SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

    Section 1118(a) is amended to read as follows:
    ``(a) In General.--There are authorized to be appropriated for the 
purposes of this chapter--
            ``(1) $111,400,000 for fiscal year 2019;
            ``(2) $112,400,000 for fiscal year 2020;
            ``(3) $113,400,000 for fiscal year 2021;
            ``(4) $114,400,000 for fiscal year 2022; and
            ``(5) $115,400,000 for fiscal year 2023.''.

SEC. 4. STILL IMAGES.

    (a) Still Images, Voice Recorders, and Video Recorders.--
            (1) Cockpit recordings and transcripts.--Section 1114(c) is 
        amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3);
                    (B) in paragraph (3), as redesignated, by inserting 
                ``References to information in making safety 
                recommendations.--'' before ``This''; and
                    (C) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``The Board'' and inserting ``Confidentiality 
                        of recordings.--Except as provided in paragraph 
                        (2), the Board''; and
                            (ii) by amending the second sentence to 
                        read as follows:
            ``(2) Exception.--Subject to subsections (b) and (g), the 
        Board shall make public any part of a transcript, any written 
        depiction of visual information obtained from a video recorder, 
        or any still image obtained from a video recorder the Board 
        decides is relevant to the accident--
                    ``(A) if the Board holds a public hearing on the 
                accident or incident, at the time of the hearing; or
                    ``(B) if the Board does not hold a public hearing, 
                at the time a majority of the other factual reports on 
                the accident are placed in the public docket.''.
            (2) Surface vehicle recordings and transcripts.--Section 
        1114(d) is amended--
                    (A) by redesignating paragraph (2) as paragraph 
                (3); and
                    (B) in paragraph (1)--
                            (i) in the first sentence, by striking 
                        ``The Board'' and inserting ``Except as 
                        provided in paragraph (2), the Board''; and
                            (ii) by amending the second sentence to 
                        read as follows:
            ``(2) Exception.--Subject to subsections (b) and (g), the 
        Board shall make public any part of a transcript, any written 
        depiction of visual information obtained from a video recorder, 
        or any still image obtained from a video recorder the Board 
        decides is relevant to the accident--
                    ``(A) if the Board holds a public hearing on the 
                accident, at the time of the hearing; or
                    ``(B) if the Board does not hold a public hearing, 
                at the time a majority of the other factual reports on 
                the accident are placed in the public docket.''.
            (3) Privacy protections.--Section 1114 is amended by adding 
        at the end the following:
    ``(g) Privacy Protections.--Before making public any still image 
obtained from a video recorder under subsection (c)(2) or subsection 
(d)(2), the Board shall take such action as appropriate to protect from 
public disclosure any information that readily identifies an 
individual, including a decedent.''.
    (b) Cockpit and Surface Vehicle Recordings and Transcripts.--
Section 1154(a) is amended--
            (1) in the heading, by striking ``Transcripts and 
        Recordings'' and inserting ``In General'';
            (2) in paragraph (1)--
                    (A) by redesignating subparagraphs (A) and (B) as 
                subparagraphs (B) and (C), respectively; and
                    (B) by inserting before subparagraph (B) the 
                following:
                    ``(A) any still image that the National 
                Transportation Safety Board has not made available to 
                the public under section 1114(c) or 1114(d) of this 
                title;'';
            (3) in paragraph (3)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``recorder recording'' and inserting 
                ``recorder recording, including with regard to a video 
                recording any still image that the National 
                Transportation Safety Board has not made available to 
                the public under section 1114(c) or 1114(d) of this 
                title,''; and
                    (B) in subparagraph (B), by striking ``recorder 
                recording'' and inserting ``recorder recording, 
                including with regard to a video recording any still 
                image that the National Transportation Safety Board has 
                not made available to the public under section 1114(c) 
                or 1114(d) of this title,''; and
            (4) in paragraph (4)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``a still image or'' 
                        before ``a part of a cockpit''; and
                            (ii) by striking ``the part of the 
                        transcript or the recording'' each place it 
                        appears and inserting ``the still image, the 
                        part of the transcript, or the recording'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``a still image or'' 
                        before ``a part of a cockpit''; and
                            (ii) by striking ``the part of the 
                        transcript or the recording'' each place it 
                        appears and inserting ``the still image, the 
                        part of the transcript, or the recording''; and
                    (C) in paragraph (6)--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (ii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Still image.--The term `still image' means 
                any still image obtained from a video recorder.''.

SEC. 5. INFORMATION SHARING.

    (a) Confidential Information.--Section 1114(b) is amended--
            (1) in the heading, by striking ``Trade Secrets'' and 
        inserting ``Certain Confidential Information'';
            (2) in paragraph (1)--
                    (A) in the matter preceding subparagraph (A)--
                            (i) by inserting ``In general.--'' before 
                        ``The Board''; and
                            (ii) by striking ``information related to a 
                        trade secret referred to in section 1905 of 
                        title 18'' and inserting ``information, 
                        including trade secrets, as described in 
                        section 1905 of title 18''; and
                    (B) in subparagraph (D), by striking ``to the 
                public to protect health and safety'' and inserting 
                ``subject to paragraph (4), to the public when the 
                Board considers it necessary to protect health and 
                safety'';
            (3) in paragraph (2), by striking ``Information'' and 
        inserting ``Preservation of confidentiality.--Information''; 
        and
            (4) by adding at the end the following:
            ``(4) Limitation.--A disclosure under paragraph (1)(D) may 
        only be considered necessary to protect health and safety if 
        the Board is required under this chapter to explain a finding, 
        a cause or probable cause, or a safety recommendation related 
        to an accident or incident investigated by the Board and cannot 
        reasonably fulfill its duties without such disclosure.''.
    (b) Sharing Information With Other Federal Agencies.--Section 1114, 
as amended, is further amended by adding at the end the following:
    ``(h) Limitation.--A department, agency, or instrumentality of the 
United States Government that receives information from the Board under 
this section may not publicly disclose any part of that information if 
the information is exempted or prohibited from disclosure under this 
chapter or any other law of the United States.''.

SEC. 6. ELECTRONIC RECORDS.

    Section 1134(a)(2) is amended by inserting ``including an 
electronic record,'' after ``record,''.

SEC. 7. REPORT ON MOST WANTED LIST METHODOLOGY.

    (a) In General.--Not later than the date that the first Most Wanted 
List to be published after the date of enactment of this Act is 
published, the Chairman shall publish on a publicly available Web site 
of the Board and 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 on the 
methodology used to prioritize and select recommendations to be 
included by the Board in the Most Wanted List.
    (b) Elements.--The report under subsection (a) shall include--
            (1) a detailed description of how the Board accounts for 
        the risk to safety addressed in each of its recommendations, 
        including the extent to which the Board considers--
                    (A) the types of data and other information, 
                including studies and reports, used to identify the 
                amount and probability of risk to safety;
                    (B) the reduction of the risk to safety, estimated 
                over a period of time, by implementing each 
                recommendation;
                    (C) the practicality and feasibility of achieving 
                the reduction described in subparagraph (B); and
                    (D) any alternate means of reducing the risk;
            (2) a detailed description of the extent to which the Board 
        considers any prior, related investigation, safety 
        recommendation, or other safety action when prioritizing and 
        selecting recommendations; and
            (3) a description of the extent of coordination and 
        consultation when prioritizing and selecting the 
        recommendations.
    (c) Consultation.--The Board shall consult with the head of each 
relevant Federal department and agency in developing the methodology 
described in subsection (a).
    (d) GAO Report.--Not later than 15 months after the date that the 
methodology report is published under subsection (a), the Comptroller 
General of the United States 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 examining the methodology used by the Board to prioritize and 
select safety recommendations for inclusion in the Most Wanted List, 
including the extent to which the Board--
            (1) utilized best practices and rigorous analysis to 
        account for and prioritize the reduction of risk to safety;
            (2) accounted for and factored in practicality, 
        feasibility, and alternative means of reducing risk; and
            (3) coordinated and consulted when prioritizing and 
        selecting the recommendations.

SEC. 8. METHODOLOGY SECTIONS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, the Chairman shall include with each investigative report 
in which a recommendation is issued by the Board, a methodology section 
detailing the process and information underlying the selection of each 
recommendation.
    (b) Elements.--Except as provided in subsection (c), the 
methodology section under subsection (a) shall include, for each 
recommendation--
            (1) a brief summary of the Board's collection and analysis 
        of the specific accident investigation information most 
        relevant to the recommendation;
            (2) a description of the Board's use of external 
        information, including studies, reports, and experts, other 
        than the findings of a specific accident investigation, to 
        inform or support the recommendation, including a brief summary 
        of the specific safety benefits and other effects identified by 
        each study, report, or expert;
            (3) a brief summary of any alternative actions considered, 
        including the alternative of not issuing a recommendation; and
            (4) a brief summary of any examples of actions taken by 
        regulated entities prior to the publication of the safety 
        recommendation, to the extent such actions are known to the 
        Board, that were consistent with the recommendation.
    (c) Exception.--Subsection (a) shall not apply if the 
recommendation is only for a person to disseminate information on--
            (1) an existing agency best practices document; or
            (2) an existing regulatory requirement.
    (d) Rule of Construction.--Nothing in this section may be construed 
to require any change to a recommendation made by the Board prior to 
the date of enactment of this Act, unless the recommendation is a 
repeat recommendation issued on or after the date of enactment of this 
Act.
    (e) Savings Clause.--Nothing in this section may be construed to 
delay publication of the findings, cause, or probable cause of a Board 
investigation.

SEC. 9. ADDRESSING THE NEEDS OF FAMILIES OF INDIVIDUALS INVOLVED IN 
              ACCIDENTS.

    (a) Air Carriers Holding Certificates of Public Convenience and 
Necessity.--Section 41113 is amended--
            (1) in subsection (a), by striking ``a major'' and 
        inserting ``any''; and
            (2) in subsection (b)--
                    (A) in paragraph (9), by striking ``(and any other 
                victim of the accident)'' and inserting ``(and any 
                other victim of the accident, including any victim on 
                the ground)'';
                    (B) in paragraph (16), by striking ``major'' and 
                inserting ``any''; and
                    (C) in paragraph (17)(A), by striking 
                ``significant'' and inserting ``any''.
    (b) Foreign Air Carriers Providing Foreign Air Transportation.--
Section 41313 is amended--
            (1) in subsection (b), by striking ``a major'' and 
        inserting ``any''; and
            (2) in subsection (c)--
                    (A) in paragraph (1), by striking ``a significant'' 
                and inserting ``any'';
                    (B) in paragraph (2), by striking ``a significant'' 
                and inserting ``any'';
                    (C) by amending paragraph (9) to read as follows:
            ``(9) Equal treatment of passengers.--An assurance that the 
        treatment of the families of nonrevenue passengers (and any 
        other victim of the accident, including any victim on the 
        ground) will be the same as the treatment of the families of 
        revenue passengers.'';
                    (D) in paragraph (16), by striking ``major'' and 
                inserting ``any''; and
                    (E) in paragraph (17)(A), by striking 
                ``significant'' and inserting ``any''.
    (c) Assistance to Families of Passengers Involved in Aircraft 
Accidents.--Section 1136 is amended--
            (1) in subsection (a), by striking ``aircraft accident 
        within the United States involving an air carrier or foreign 
        air carrier and resulting in a major loss of life'' and 
        inserting ``aircraft accident involving an air carrier or 
        foreign air carrier, resulting in any loss of life, and for 
        which the National Transportation Safety Board will serve as 
        the lead investigative agency''; and
            (2) by amending subsection (h)(1) to read as follows:
            ``(1) Aircraft accident.--The term `aircraft accident' 
        means any aviation disaster, regardless of its cause or 
        suspected cause, for which the National Transportation Safety 
        Board is the lead investigative agency.''.
    (d) Information for Families of Individuals Involved in 
Accidents.--
            (1) In general.--Chapter 11 is amended by inserting after 
        section 1139 the following:
``Sec. 1140. Information for families of individuals involved in 
              accidents
    ``In the course of an investigation of an accident described in 
section 1131(a)(1), except an aircraft accident described in section 
1136 or a rail passenger accident described in section 1139, the Board 
may, to the maximum extent practicable, ensure that the families of 
individuals involved in the accident, and other individuals the Board 
deems appropriate--
            ``(1) are informed as to the roles, with respect to the 
        accident and the post-accident activities, of the Board;
            ``(2) are briefed, prior to any public briefing, about the 
        accident, its causes, and any other findings from the 
        investigation; and
            ``(3) are individually informed of and allowed to attend 
        any public hearings and meetings of the Board about the 
        accident.''.
            (2) Table of contents.--The table of contents of chapter 11 
        is amended by inserting after the item relating to section 1139 
        the following:

``1140. Information for families of individuals involved in 
                            accidents.''.

SEC. 10. GOVERNMENT ACCOUNTABILITY OFFICE REPORT ON INVESTIGATION 
              LAUNCH DECISION-MAKING PROCESSES.

    Section 1138 is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7), respectively; and
                    (B) by inserting after paragraph (4) the following:
            ``(5) the process and procedures to select an accident to 
        investigate;''; and
            (2) in subsection (c), by inserting a comma after 
        ``Science''.

SEC. 11. PERIODIC REVIEW OF SAFETY RECOMMENDATIONS.

    (a) Reports.--Section 1117 is amended--
            (1) in the heading, by striking ``Annual report'' and 
        inserting ``Reports'';
            (2) by inserting ``(a) In General.--'' before ``The 
        National Transportation Safety Board shall''; and
            (3) by adding at the end the following:
    ``(b) Retrospective Review To Ensure Updated and Effective Safety 
Recommendations.--
            ``(1) In general.--Not later than June 1, 2019, the 
        Chairman shall complete, based on the public comments under 
        paragraph (2), a comprehensive review of recommendations issued 
        by the Board that are classified as `open' by the Board.
            ``(2) Public comments.--
                    ``(A) In general.--Before conducting a review under 
                paragraph (1), and at least every 5 years thereafter, 
                the Chairman shall publish in the Federal Register a 
                request for public comment on recommendations to be 
                updated or closed.
                    ``(B) Recommendations.--A request for public 
                comment under subparagraph (A) shall solicit--
                            ``(i) recommendations to be updated or 
                        closed, including a reference to the applicable 
                        recommendation number;
                            ``(ii) justifications, including any 
                        supporting information, for updating or closing 
                        a recommendation; and
                            ``(iii) if applicable, specific suggestions 
                        for updating a recommendation.
                    ``(C) Public comment period.--The Chairman shall 
                provide 90 days for public comment under this 
                subsection.
            ``(3) Contents.--A review under paragraph (1) shall include 
        for each recommendation under paragraph (2)--
                    ``(A) consideration of each justification under 
                paragraph (2)(B)(ii) and, if applicable, each 
                suggestion under clause (iii) of that paragraph;
                    ``(B) an assessment of whether the recommendation 
                is--
                            ``(i) outmoded or outdated in light of 
                        changed circumstances, including the 
                        availability of new technologies;
                            ``(ii) ineffective, insufficient, 
                        impracticable, or infeasible for achieving its 
                        objective;
                            ``(iii) unclear; or
                            ``(iv) inconsistent with or duplicative of 
                        other recommendations;
                    ``(C) a determination, based on the assessment 
                under subparagraph (B), whether it is appropriate to 
                update or close the recommendation; and
                    ``(D) a justification for each determination under 
                subparagraph (C).
            ``(4) Report.--Not later than 180 days after the date the 
        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 (3)(C) and 
                justification under paragraph (3)(D); and
                    ``(C) if applicable, a schedule for updating or 
                closing a recommendation.''.
    (b) Savings Clause.--Nothing in this section or the amendments made 
by this section may be construed to limit the authority of the Board to 
update or close a recommendation.

SEC. 12. GENERAL ORGANIZATION.

    (a) Terms of the Chairman and Vice Chairman.--Section 1111(d) is 
amended by striking ``2 years'' and inserting ``3 years''.
    (b) Nonpublic Collaborative Discussions.--Section 1111 is amended 
by adding at the end the following:
    ``(k) Open Meetings.--
            ``(1) In general.--The Board shall be deemed to be an 
        agency for purposes of section 552b of title 5.
            ``(2) Nonpublic collaborative discussions.--
                    ``(A) In general.--Notwithstanding section 552b of 
                title 5, a majority of the members may hold a meeting 
                that is not open to public observation to discuss 
                official agency business if--
                            ``(i) no formal or informal vote or other 
                        official agency action is taken at the meeting;
                            ``(ii) each individual present at the 
                        meeting is a member or an employee of the 
                        Board; and
                            ``(iii) the General Counsel of the Board is 
                        present at the meeting.
                    ``(B) Disclosure of nonpublic collaborative 
                discussions.--Except as provided under subparagraph 
                (C), not later than 2 business days after the 
                conclusion of a meeting under subparagraph (A), the 
                Board shall make available to the public, in a place 
                easily accessible to the public--
                            ``(i) a list of the individuals present at 
                        the meeting; and
                            ``(ii) a summary of the matters discussed 
                        at the meeting, except for any matter the Board 
                        properly determines may be withheld from the 
                        public under section 552b(c) of title 5.
                    ``(C) Summary.--If the Board properly determines a 
                matter may be withheld from the public under section 
                552b(c) of title 5, the Board shall provide a summary 
                with as much general information as possible on each 
                matter withheld from the public.
                    ``(D) Preservation of open meetings requirements 
                for agency action.--Nothing in this paragraph may be 
                construed to limit the applicability of section 552b of 
                title 5 with respect to a meeting of the members other 
                than that described in this paragraph.
                    ``(E) Statutory construction.--Nothing in this 
                paragraph may be construed--
                            ``(i) to limit the applicability of section 
                        552b of title 5 with respect to any information 
                        which is proposed to be withheld from the 
                        public under subparagraph (B)(ii); or
                            ``(ii) to authorize the Board to withhold 
                        from any individual any record that is 
                        accessible to that individual under section 
                        552a of title 5.''.
    (c) Investigative Officers.--Section 1113 is amended by striking 
subsection (h).

SEC. 13. TECHNICAL AND CONFORMING AMENDMENTS.

    (a) Table of Contents.--The table of contents of chapter 11 is 
amended in the item relating to section 1138 by striking ``Board'' and 
inserting ``Board.''.
    (b) General Authority.--Section 1131(a)(1)(A) is amended by 
striking ``a public aircraft as defined by section 40102(a)(37) of this 
title'' and inserting ``a public aircraft as defined by section 
40102(a) of this title''.
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