[Congressional Record Volume 156, Number 72 (Thursday, May 13, 2010)]
[Senate]
[Pages S3763-S3766]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2009

  Mr. DODD. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 273, S. 2768.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2768) to amend title 49, United States Code, 
     authorizing appropriations for the National Transportation 
     Safety Board for fiscal years 2010 through 2014, and for 
     other purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Commerce, Science, and 
Transportation, with an amendment to strike all after the enacting 
clause and insert in lieu thereof the following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Transportation 
     Safety Board Reauthorization Act of 2009''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 1118(a) of title 49, United States 
     Code, is amended to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     for the purposes of this chapter $100,000,000 for fiscal year 
     2010, $105,000,000 for fiscal year 2011, $112,000,000 for 
     fiscal year 2012, $118,000,000 for fiscal year 2013, and 
     $124,000,000 for fiscal year 2014. Such sums shall remain 
     available until expended.''.
       (b) Fees, Refunds, Reimbursements, and Advances.--Section 
     1118(c) of such title is amended to read as follows:
       ``(c) Fees, Refunds, Reimbursements, and Advances.--
       ``(1) In general.--The Board may impose and collect such 
     fees, refunds, reimbursements, and advances as it determines 
     to be appropriate for activities, services, and facilities 
     provided by or through the Board.
       ``(2) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any fee, refund, 
     reimbursement, or advance collected under this subsection--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities, services, or facilities 
     for which the fee, refund, reimbursement, or advance is 
     associated;
       ``(B) shall be available for expenditure only to pay the 
     costs of activities, services, or facilities for which the 
     fee, refund, reimbursement, or advance is associated; and
       ``(C) shall remain available until expended.
       ``(3) Record.--The Board shall maintain an annual record of 
     collections received under paragraph (2).
       ``(4) Refunds.--The Board may refund any fee or advance 
     paid by mistake or any amount paid in excess of that 
     required.''.

     SEC. 3. TECHNICAL CORRECTIONS.

       (a) Definitions.--Section 1101 of title 49, United States 
     Code, is amended by striking

[[Page S3764]]

     ``otherwise.'' and inserting ``otherwise, and may include 
     incidents not involving destruction or damage, but 
     significantly affecting transportation safety, as the Board 
     may prescribe or Congress may direct.''.
       (b) General Organization.--Section 1111(d) of title 49, 
     United States Code, is amended by striking ``absent'' and 
     inserting ``unavailable''.
       (c) Administrative.--Section 1113 of title 49, United 
     States Code, is amended--
       (1) by inserting ``or depositions'' in paragraph (a)(1) 
     after ``hearings''; and
       (2) by inserting ``In the interest of transportation 
     safety, the Board shall have the authority by subpoena to 
     summon witnesses and obtain any and all evidence relevant to 
     an accident investigation conducted under this chapter.'' 
     after ``(2)'' in subsection (a)(2).
       (d) Disclosure, Availability, and Use of Information.--
     Section 1114 of title 49, United States Code, is amended--
       (1) by striking the heading for subsection (b) and 
     inserting ``(b) Trade Secrets; Commercial or Financial 
     Information.--'';
       (2) by inserting ``submitted to the Board in the course of 
     a Board investigation or study and'' in subsection (b)(1) 
     after ``information'' the first place it appears;
       (3) by striking ``title 18'' in subsection (b)(1) and 
     inserting ``title 18, or commercial or financial 
     information,'';
       (4) by striking ``safety'' in subsection (b)(1)(D) the 
     first place it appears and inserting ``safety, including 
     through the issuance of reports of accident investigation or 
     safety studies and safety recommendations,'';
       (5) by inserting ``subparagraphs (A) through (C) of'' after 
     ``under'' in subsection (b)(2);
       (6) by adding at the end of subsection (b) the following:
       ``(4) Each person submitting to the Board trade secrets, 
     commercial or financial information, or information that 
     could be classified as controlled under the International 
     Traffic in Arms Regulations shall appropriately annotate the 
     information to indicate the restricted nature of the 
     information in order to facilitate proper handling of such 
     materials by the Board.'';
       (7) by striking ``shall'' in paragraph(1)(A) of subsection 
     (f) and inserting ``may'';
       (8) by striking ``information'' in paragraph (2) of 
     subsection (f) and inserting ``information, or other relevant 
     information authorized for disclosure under this chapter,''; 
     and
       (9) by adding at the end thereof the following:
       ``(g) Ongoing Board Investigations.--(1) Notwithstanding 
     any other provision of law, neither the Board, nor any agency 
     receiving information from the Board, may publicly disclose 
     records related to an ongoing Board investigation, and such 
     records shall be exempt from disclosure under section 
     552(b)(3) of title 5. Notwithstanding the preceding sentence, 
     the Board may make public specific records relevant to the 
     investigation, release of which in the Board's judgment is 
     necessary to promote transportation safety--
       ``(A) if the Board holds a public hearing on the accident 
     or incident, at the time of the hearing;
       ``(B) if the Board does not hold a public hearing, at the 
     time the Board determines that substantial portions of the 
     underlying factual reports on the accident or incident, and 
     supporting evidence, will be placed in the public docket; or
       ``(C) if the Board determines during an ongoing 
     investigation or study that circumstances warrant disclosure 
     of specific factual material and that such material need be 
     placed in the public docket to facilitate dialogue with other 
     agencies or instrumentalities, regulatory bodies, industry or 
     industry groups, or Congress.
       ``(2) This subsection does not prevent the Board from 
     referring at any time to evidence from an ongoing 
     investigation in making safety recommendations.
       ``(3) In this subsection, the term `ongoing investigation' 
     means that period beginning at the time the Board is notified 
     of an accident or incident and ending when the Board issues a 
     final report or brief, or determines to close an 
     investigation without issuing a report or brief.''.
       (e) Reports and Studies--Section 1116(b) of title 49, 
     United States Code, is amended--
       (1) by striking ``carry out'' in paragraph (1) and 
     inserting ``conduct''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) prescribe requirements for persons reporting 
     accidents and incidents that may be investigated by the Board 
     under this chapter;''.
       (f) Discovery and Use of Cockpit and Surface Vehicle 
     Recordings and Transcripts.--Section 1154(a)(1)(A) of title 
     49, United States Code, is amended by striking ``and'' and 
     inserting ``or''.

     SEC. 4. AUTHORITY OF THE BOARD.

       (a) Evaluation and Audit.--Section 1138(a) of title 49, 
     United States Code, is amended by striking ``conducted at 
     least annually, but may be''.
       (b) Training of Board Employees and Others.--Section 
     1115(d) of title 49, United States Code, is amended--
       (1) by striking ``investigation.'' and inserting 
     ``investigation, including investigation theory and 
     techniques and transportation safety, to advance Board safety 
     recommendations.'';
       (2) by striking ``training.'' and inserting ``training or 
     who influence transportation safety through support or 
     adoption of Board safety recommendations.''; and
       (3) by striking ``collections.'' and inserting 
     ``collections under the provisions of section 1118 of this 
     chapter.''.
       (c) Accident Investigation Authority.--Section 1131 of 
     title 49, United States Code, is amended--
       (1) by striking subsection (a)(1)(C) and inserting the 
     following:
       ``(C) a freight or passenger railroad accident in which 
     there is a fatality (other than a fatality involving a 
     trespasser), substantial property damage, or significant 
     injury to the environment;'';
       (2) by striking ``and'' after the semicolon in subsection 
     (a)(1)(E);
       (3) by inserting ``or incident'' after ``accident'' each 
     place it appears in subsection (a)(1)(F);
       (4) by striking ``chapter.'' in subsection (a)(1)(F) and 
     inserting ``chapter;'';
       (5) by adding at the end of subsection (a)(1) the 
     following:
       ``(G) an accident or incident in response to an 
     international request and delegation under appropriate 
     international conventions, coordinated through the Department 
     of State and accepted by the Board; and
       ``(H) an incident or incidents significantly affecting 
     transportation safety, as defined by the Board, under rules 
     and in such detail as the Board may prescribe.'';
       (6) by striking ``paragraph (1)(A)-(D) or (F)'' in 
     subsection (a)(2)(A) and inserting ``any of subparagraphs (A) 
     through (F) of paragraph (1)'';
       (7) by inserting ``or incident'' after ``accident'' each 
     place it appears in subsection (a)(3);
       (8) by inserting ``or relevant to'' after ``developed 
     about'' in subsection (a)(3);
       (9) by inserting ``and Incident'' after ``Accident'' in the 
     heading for subsection (e); and
       (10) by inserting ``and incident'' in subsection (e) after 
     ``each accident''.
       (d) Civil Aircraft and Maritime Accident Investigations.--
       (1) In General.--Section 1132 of title 49, United States 
     Code, is amended--
       (A) by inserting ``or have investigated'' in subsection 
     (a)(1) after ``investigate'';
       (B) by striking ``aircraft;'' in subsection (a)(1)(A) and 
     inserting ``aircraft or a commercial space launch vehicle;''; 
     and
       (C) by adding at the end the following:
       ``(e) Authority of Board Representative.--The Board may, 
     with the consent of the Secretary, delegate to the Department 
     of Transportation full authority to obtain the facts of any 
     aviation accident or incident the Board shall investigate, 
     and the on-scene representative of the Secretary shall have 
     the full authority of the Board to, on display of appropriate 
     credentials and written notice of inspection authority, enter 
     property where an aviation accident has occurred or wreckage 
     from the accident is located and do anything necessary to 
     gather evidence in support of a Board investigation, in 
     accordance with such rules as the Board may prescribe.
       ``(f) Maritime accident investigations.--The Board may, 
     with the consent of the Secretary of the department in which 
     the Coast Guard is operating, delegate to the Coast Guard 
     full authority to obtain the facts of any maritime accident 
     or incident the Board shall investigate, and the on-scene 
     representative of the Commandant of the Coast Guard shall 
     have the full authority of the Board to, on display of 
     appropriate credentials and written notice of inspection 
     authority, enter property where a maritime accident has 
     occurred or wreckage from the accident is located and do 
     anything necessary to gather evidence in support of a Board 
     investigation, in accordance with such rules as the Board may 
     prescribe.''.
       (2) Conforming amendments.--
       (A) The heading for section 1132 of title 49, United States 
     Code, is amended to read as follows:

     `` 1132. Civil aircraft and maritime accident 
       investigations''.

       (B) The table of contents for chapter 11 of title 49, 
     United States Code, is amended by striking the item relating 
     to section 1132 and inserting the following:

``1132. Civil aircraft and maritime accident investigations''.
       (e) Inspections and Autopsies.--Section 1134 of title 49, 
     United States Code, is amended--
       (1) by striking ``officer or employee of the National 
     Transportation Safety Board--'' in subsection (a) and 
     inserting ``officer, employee, or designee of the National 
     Transportation Safety Board in the conduct of any accident or 
     incident investigation or study--'';
       (2) by adding at the end of subsection (b)(1) the 
     following: ``The Board may download or seize any recording 
     device and recordings and may require specific information 
     only available from the manufacturer to enable the Board to 
     read and interpret any flight parameter or navigation storage 
     device or media on board the accident aircraft. The 
     provisions of section 1114(b) of this chapter shall apply to 
     matters properly identified as trade secrets or commercial or 
     financial information.''; and
       (3) by inserting after ``component.'' in subsection (c) the 
     following: ``The officer or employee may download or seize 
     any recording device and recordings, and may require the 
     production of specific information only available from the 
     manufacturer to enable the Board to read and interpret any 
     operational parameter or navigation storage device or media 
     on board the accident vehicle, vessel, or rolling stock. The 
     provisions of section 1114(b) of this chapter shall apply to 
     matters properly identified as trade secrets or commercial or 
     financial information.''.

     SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.

       (a) Family Assistance in Commercial Aviation Accidents.--
     Section 41113(b)(7) of title 49, United States Code, is 
     amended by striking ``months.'' and inserting ``months and 
     that, prior to destruction of unclaimed possessions, a 
     reasonable attempt will be made to notify the family of each 
     passenger within 60 days of any planned destruction date.''.
       (b) Family Assistance in Commercial Aviation Accidents 
     Involving Foreign Carriers.--Section 41313(c)(7) of title 49, 
     United States Code, is amended by striking ``accident.'' and 
     inserting ``accident and that, prior to destruction of 
     unclaimed possessions, a reasonable

[[Page S3765]]

     attempt will be made to notify the family of each passenger 
     within 60 days of any planned destruction date.''.

     SEC. 6. ACCIDENT-RELATED INFORMATION RELEASE POLICY REPORT.

       Within 180 days after the date of enactment of this Act, 
     the National Transportation Safety Board shall submit to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure a report describing the policies, procedures, 
     and guidelines used by the Board in the expedited release of 
     factual accident-related information to victims and their 
     families, Federal, State, and local accident investigators 
     and agencies, private or third party investigation partners, 
     the public, and other stakeholders.

  Mr. DODD. Mr. President, I ask unanimous consent that the committee-
reported substitute amendment be considered; that a Dorgan-Rockefeller 
amendment, which is at the desk, be agreed to; the substitute 
amendment, as amended, be agreed to; the bill, as amended, be read a 
third time and passed; an amendment to the title, which is at the desk, 
be agreed to; the motions to reconsider be laid upon the table, with no 
intervening action or debate, and that any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 4038) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2768), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 2768

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``National Transportation 
     Safety Board Reauthorization Act of 2010''.

     SEC. 2. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--Section 1118(a) of title 49, United States 
     Code, is amended to read as follows:
       ``(a) In General.--There are authorized to be appropriated 
     for the purposes of this chapter $98,050,000 for fiscal year 
     2011 and $98,050,000 for fiscal year 2012. Such sums shall 
     remain available until expended.''.
       (b) Fees, Refunds, Reimbursements, and Advances.--Section 
     1118(c) of such title is amended to read as follows:
       ``(c) Fees, Refunds, Reimbursements, and Advances.--
       ``(1) In general.--The Board may impose and collect such 
     fees, refunds, reimbursements, and advances as it determines 
     to be appropriate for activities, services, and facilities 
     provided by or through the Board.
       ``(2) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any fee, refund, 
     reimbursement, or advance collected under this subsection--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities, services, or facilities 
     for which the fee, refund, reimbursement, or advance is 
     associated;
       ``(B) shall be available for expenditure only to pay the 
     costs of activities, services, or facilities for which the 
     fee, refund, reimbursement, or advance is associated; and
       ``(C) shall remain available until expended.
       ``(3) Record.--The Board shall maintain an annual record of 
     collections received under paragraph (2).
       ``(4) Refunds.--The Board may refund any fee or advance 
     paid by mistake or any amount paid in excess of that 
     required.''.

     SEC. 3. TECHNICAL CORRECTIONS.

       (a) Definitions.--Section 1101 of title 49, United States 
     Code, is amended by striking ``otherwise.'' and inserting 
     ``otherwise, and may include incidents not involving 
     destruction or damage, but significantly affecting 
     transportation safety, as the Board may prescribe or Congress 
     may direct.''.
       (b) General Organization.--Section 1111(d) of title 49, 
     United States Code, is amended by striking ``absent'' and 
     inserting ``unavailable''.
       (c) Administrative.--Section 1113 of title 49, United 
     States Code, is amended--
       (1) by inserting ``or depositions'' in paragraph (a)(1) 
     after ``hearings''; and
       (2) by inserting ``In the interest of transportation 
     safety, the Board shall have the authority by subpoena to 
     summon witnesses and obtain any and all evidence relevant to 
     an accident investigation conducted under this chapter.'' 
     after ``(2)'' in subsection (a)(2).
       (d) Disclosure, Availability, and Use of Information.--
     Section 1114 of title 49, United States Code, is amended--
       (1) by striking the heading for subsection (b) and 
     inserting ``(b) Trade Secrets; Commercial or Financial 
     Information.--'';
       (2) by inserting ``submitted to the Board in the course of 
     a Board investigation or study and'' in subsection (b)(1) 
     after ``information'' the first place it appears;
       (3) by striking ``title 18'' in subsection (b)(1) and 
     inserting ``title 18, or commercial or financial 
     information,'';
       (4) by striking ``safety'' in subsection (b)(1)(D) the 
     first place it appears and inserting ``safety, including 
     through the issuance of reports of accident investigation or 
     safety studies and safety recommendations,'';
       (5) by inserting ``subparagraphs (A) through (C) of'' after 
     ``under'' in subsection (b)(2);
       (6) by adding at the end of subsection (b) the following:
       ``(4) Each person submitting to the Board trade secrets, 
     commercial or financial information, or information that 
     could be classified as controlled under the International 
     Traffic in Arms Regulations shall appropriately annotate the 
     information to indicate the restricted nature of the 
     information in order to facilitate proper handling of such 
     materials by the Board.'';
       (7) by striking ``shall'' in paragraph(1)(A) of subsection 
     (f) and inserting ``may'';
       (8) by striking ``information'' in paragraph (2) of 
     subsection (f) and inserting ``information, or other relevant 
     information authorized for disclosure under this chapter,''; 
     and
       (9) by adding at the end thereof the following:
       ``(g) Ongoing Board Investigations.--(1) Notwithstanding 
     any other provision of law, neither the Board, nor any agency 
     receiving information from the Board, may publicly disclose 
     records related to an ongoing Board investigation, and such 
     records shall be exempt from disclosure under section 
     552(b)(3) of title 5. Notwithstanding the preceding sentence, 
     the Board may make public specific records relevant to the 
     investigation, release of which in the Board's judgment is 
     necessary to promote transportation safety--
       ``(A) if the Board holds a public hearing on the accident 
     or incident, at the time of the hearing;
       ``(B) if the Board does not hold a public hearing, at the 
     time the Board determines that substantial portions of the 
     underlying factual reports on the accident or incident, and 
     supporting evidence, will be placed in the public docket; or
       ``(C) if the Board determines during an ongoing 
     investigation or study that circumstances warrant disclosure 
     of specific factual material and that such material need be 
     placed in the public docket to facilitate dialogue with other 
     agencies or instrumentalities, regulatory bodies, industry or 
     industry groups, or Congress.
       ``(2) This subsection does not prevent the Board from 
     referring at any time to evidence from an ongoing 
     investigation in making safety recommendations.
       ``(3) In this subsection, the term `ongoing investigation' 
     means that period beginning at the time the Board is notified 
     of an accident or incident and ending when the Board issues a 
     final report or brief, or determines to close an 
     investigation without issuing a report or brief.''.
       (e) Reports and Studies--Section 1116(b) of title 49, 
     United States Code, is amended--
       (1) by striking ``carry out'' in paragraph (1) and 
     inserting ``conduct''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) prescribe requirements for persons reporting 
     accidents and incidents that may be investigated by the Board 
     under this chapter;''.
       (f) Discovery and Use of Cockpit and Surface Vehicle 
     Recordings and Transcripts.--Section 1154(a)(1)(A) of title 
     49, United States Code, is amended by striking ``and'' and 
     inserting ``or''.

     SEC. 4. AUTHORITY OF THE BOARD.

       (a) Evaluation and Audit.--Section 1138(a) of title 49, 
     United States Code, is amended by striking ``conducted at 
     least annually, but may be''.
       (b) Training of Board Employees and Others.--Section 
     1115(d) of title 49, United States Code, is amended--
       (1) by striking ``investigation.'' and inserting 
     ``investigation, including investigation theory and 
     techniques and transportation safety, to advance Board safety 
     recommendations.'';
       (2) by striking ``training.'' and inserting ``training or 
     who influence transportation safety through support or 
     adoption of Board safety recommendations.''; and
       (3) by striking ``collections.'' and inserting 
     ``collections under the provisions of section 1118 of this 
     chapter.''.
       (c) Accident Investigation Authority.--Section 1131 of 
     title 49, United States Code, is amended--
       (1) by striking subsection (a)(1)(C) and inserting the 
     following:
       ``(C) a freight or passenger railroad accident in which 
     there is a fatality (other than a fatality involving a 
     trespasser), substantial property damage, or significant 
     injury to the environment;'';
       (2) by striking ``and'' after the semicolon in subsection 
     (a)(1)(E);
       (3) by inserting ``or incident'' after ``accident'' each 
     place it appears in subsection (a)(1)(F);
       (4) by striking ``chapter.'' in subsection (a)(1)(F) and 
     inserting ``chapter;'';
       (5) by adding at the end of subsection (a)(1) the 
     following:
       ``(G) an accident or incident in response to an 
     international request and delegation under appropriate 
     international conventions, coordinated through the Department 
     of State and accepted by the Board; and
       ``(H) an incident or incidents significantly affecting 
     transportation safety, as defined by the Board, under rules 
     and in such detail as the Board may prescribe.'';

[[Page S3766]]

       (6) by inserting ``or incident'' after ``accident'' each 
     place it appears in subsection (a)(3);
       (7) by inserting ``or relevant to'' after ``developed 
     about'' in subsection (a)(3);
       (8) by inserting ``and Incident'' after ``Accident'' in the 
     heading for subsection (e); and
       (9) by inserting ``and incident'' in subsection (e) after 
     ``each accident''.
       (d) Civil Aircraft and Maritime Accident Investigations.--
       (1) In General.--Section 1132 of title 49, United States 
     Code, is amended--
       (A) by inserting ``or have investigated'' in subsection 
     (a)(1) after ``investigate'';
       (B) by striking ``aircraft;'' in subsection (a)(1)(A) and 
     inserting ``aircraft or a commercial space launch vehicle;''; 
     and
       (C) by adding at the end the following:
       ``(e) Authority of Board Representative.--The Board may, 
     with the consent of the Secretary, delegate to the Department 
     of Transportation full authority to obtain the facts of any 
     aviation accident or incident the Board shall investigate, 
     and the on-scene representative of the Secretary shall have 
     the full authority of the Board to, on display of appropriate 
     credentials and written notice of inspection authority, enter 
     property where an aviation accident has occurred or wreckage 
     from the accident is located and do anything necessary to 
     gather evidence in support of a Board investigation, in 
     accordance with such rules as the Board may prescribe.
       ``(f) Maritime accident investigations.--The Board may, 
     with the consent of the Secretary of the department in which 
     the Coast Guard is operating, delegate to the Coast Guard 
     full authority to obtain the facts of any maritime accident 
     or incident the Board shall investigate, and the on-scene 
     representative of the Commandant of the Coast Guard shall 
     have the full authority of the Board to, on display of 
     appropriate credentials and written notice of inspection 
     authority, enter property where a maritime accident has 
     occurred or wreckage from the accident is located and do 
     anything necessary to gather evidence in support of a Board 
     investigation, in accordance with such rules as the Board may 
     prescribe.''.
       (2) Conforming amendments.--
       (A) The heading for section 1132 of title 49, United States 
     Code, is amended to read as follows:

     `` 1132. Civil aircraft and maritime accident 
       investigations''.

       (B) The table of contents for chapter 11 of title 49, 
     United States Code, is amended by striking the item relating 
     to section 1132 and inserting the following:

``1132. Civil aircraft and maritime accident investigations''.
       (e) Inspections and Autopsies.--Section 1134 of title 49, 
     United States Code, is amended--
       (1) by striking ``officer or employee of the National 
     Transportation Safety Board--'' in subsection (a) and 
     inserting ``officer, employee, or designee of the National 
     Transportation Safety Board in the conduct of any accident or 
     incident investigation or 
     study--'';
       (2) by adding at the end of subsection (b)(1) the 
     following: ``The Board may download or seize any recording 
     device and recordings and may require specific information 
     only available from the manufacturer to enable the Board to 
     read and interpret any flight parameter or navigation storage 
     device or media on board the accident aircraft. The 
     provisions of section 1114(b) of this chapter shall apply to 
     matters properly identified as trade secrets or commercial or 
     financial information.''; and
       (3) by inserting after ``component.'' in subsection (c) the 
     following: ``The officer or employee may download or seize 
     any recording device and recordings, and may require the 
     production of specific information only available from the 
     manufacturer to enable the Board to read and interpret any 
     operational parameter or navigation storage device or media 
     on board the accident vehicle, vessel, or rolling stock. The 
     provisions of section 1114(b) of this chapter shall apply to 
     matters properly identified as trade secrets or commercial or 
     financial information.''.

     SEC. 5. AVIATION PENALTIES AND FAMILY ASSISTANCE.

       (a) Family Assistance in Commercial Aviation Accidents.--
     Section 41113(b)(7) of title 49, United States Code, is 
     amended by striking ``months.'' and inserting ``months and 
     that, prior to destruction of unclaimed possessions, a 
     reasonable attempt will be made to notify the family of each 
     passenger within 60 days of any planned destruction date.''.
       (b) Family Assistance in Commercial Aviation Accidents 
     Involving Foreign Carriers.--Section 41313(c)(7) of title 49, 
     United States Code, is amended by striking ``accident.'' and 
     inserting ``accident and that, prior to destruction of 
     unclaimed possessions, a reasonable attempt will be made to 
     notify the family of each passenger within 60 days of any 
     planned destruction date.''.

     SEC. 6. ACCIDENT-RELATED INFORMATION RELEASE POLICY REPORT.

       Within 180 days after the date of enactment of this Act, 
     the National Transportation Safety Board shall submit to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure a report describing the policies, procedures, 
     and guidelines used by the Board in the expedited release of 
     factual accident-related information to victims and their 
     families, Federal, State, and local accident investigators 
     and agencies, private or third party investigation partners, 
     the public, and other stakeholders.

  The amendment (No. 4039) was agreed to, as follows:

       Amend the title so as to read ``A Bill To amend title 49, 
     United States Code, to authorize appropriations for the 
     National Transportation Safety Board for fiscal years 2011 
     and 2012, and for other purposes.''

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