[Congressional Record Volume 156, Number 132 (Tuesday, September 28, 2010)]
[House]
[Pages H7096-H7101]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2010
Mr. OBERSTAR. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4714) to amend title 49, United States Code, to authorize
appropriations for the National Transportation Safety Board for fiscal
years 2011 through 2014, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 4714
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.
(a) Short Title.--This Act may be cited as the ``National
Transportation Safety Board Reauthorization Act of 2010''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Amendments to title 49, United States Code.
Sec. 3. Definitions.
Sec. 4. General organization.
Sec. 5. Administrative.
Sec. 6. Disclosure, availability, and use of information.
Sec. 7. Training.
Sec. 8. Reports and studies.
Sec. 9. Authorization of appropriations.
Sec. 10. Accident investigation authority.
Sec. 11. Marine casualty investigations.
Sec. 12. Inspections and autopsies.
Sec. 13. Discovery and use of cockpit and surface vehicle recordings
and transcripts.
Sec. 14. Family assistance.
Sec. 15. Notification of marine casualties.
Sec. 16. Use of board name, logo, initials, and seal.
SEC. 2. AMENDMENTS TO TITLE 49, UNITED STATES CODE.
Except as otherwise specifically provided, whenever in this
Act an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision of
law, the reference shall be considered to be made to a
section or other provision of title 49, United States Code.
SEC. 3. DEFINITIONS.
Section 1101 is amended to read as follows:
``Sec. 1101. Definitions
``(a) Accident Defined.--In this chapter, the term
`accident'--
``(1) means an event associated with the operation of a
vehicle, aircraft, or pipeline, which results in damage to or
destruction of the vehicle, aircraft, or pipeline, or which
results in the death of or serious injury to any person,
regardless of whether the initiating event is accidental or
otherwise; and
``(2) may include an incident that does not involve
destruction or damage of a vehicle, aircraft, or pipeline,
but affects transportation safety, as the Board prescribes by
regulation.
``(b) Applicability of Definitions in Other Laws.--The
definitions contained in section 2101(17a) of title 46 and
section 40102(a) of this title apply to this chapter.''.
SEC. 4. GENERAL ORGANIZATION.
The last sentence of section 1111(d) is amended by striking
``absent'' and inserting ``unavailable''.
SEC. 5. ADMINISTRATIVE.
(a) General Authority.--Section 1113(a) is amended--
(1) in paragraph (1)--
(A) by inserting ``and depositions'' after ``hearings'';
and
(B) by striking ``subpena'' and inserting ``subpoena''; and
(2) in paragraph (2) by inserting before the first sentence
the following: ``In the interest of promoting transportation
safety, the Board shall have the authority by subpoena to
summon witnesses and obtain evidence relevant to an accident
investigation conducted under this chapter.''.
(b) Additional Powers.--
(1) Authority of board to enter into contracts and other
agreements with nonprofit entities.--Section 1113(b)(1)(H) is
amended by inserting ``and other agreements'' after
``contracts''.
(2) Authority of board to enter into and perform contracts,
agreements, leases, or other transactions.--Section 1113(b)
is amended--
(A) by striking paragraph (1)(I) and inserting the
following:
``(I) negotiate, enter into, and perform contracts,
agreements, leases, or other transactions with individuals,
private entities, departments, agencies, and
instrumentalities of the Government, State and local
governments, and governments of foreign countries on such
terms and conditions as the Chairman of the Board considers
appropriate to carry out the functions of the Board and
require that such entities provide appropriate consideration
for the reasonable costs of any facilities, goods, services,
or training provided by the Board.''; and
(B) by adding at the end the following:
``(3) Lease limitation.--The authority of the Board to
enter into leases shall be limited to the provision of
special use space related to an accident investigation, or
for general use space, at an average annual rental cost of
not more than $300,000 for any individual property.''.
(3) Authority of other federal agencies.--Section
1113(b)(2) is amended to read as follows:
``(2) Authority of other federal agencies.--Notwithstanding
any other provision of law, the head of a Federal department,
agency, or instrumentality may transfer to or receive from
the Board, with or without reimbursement, supplies,
personnel, services, and equipment (other than administrative
supplies and equipment).''.
(c) Criteria on Public Hearings.--
(1) In general.--Section 1113 is amended by adding at the
end the following:
``(i) Public Hearings.--
``(1) Development of criteria.--The Board shall establish
by regulation criteria to be used by the Board in
determining, for each accident investigation and safety study
undertaken by the Board, whether or not the Board will hold a
public hearing on the investigation or study.
``(2) Factors.--In developing the criteria, the Board shall
give priority consideration to the following factors:
``(A) Whether the accident has caused significant loss of
life.
``(B) Whether the accident has caused significant property
damage.
``(C) Whether the accident may involve a national
transportation safety issue.
``(D) Whether a public hearing may provide needed
information to the Board.
``(E) Whether a public hearing may offer an opportunity to
educate the public on a safety issue.
``(F) Whether a public hearing may increase both the
transparency of the Board's investigative process and public
confidence that such process is comprehensive, accurate, and
unbiased.
``(G) Whether a public hearing is likely to significantly
delay the conclusion of an investigation and whether the
possible adverse effects of the delay on safety outweigh the
benefits of a public hearing.''.
(2) Annual report.--Section 1117 is amended--
(A) by striking ``and'' at the end of paragraph (5);
(B) by striking the period at the end of paragraph (6) and
inserting ``; and''; and
(C) by adding at the end the following:
``(7) an analysis of the Board's implementation of the
criteria established pursuant to section 1113(i) during the
prior calendar year, including an explanation of any instance
in which the Board did not hold a public hearing for an
investigation of an accident that has caused significant loss
of life or property damage or that may involve a national
transportation safety issue.''.
(d) Accidental Death and Dismemberment Insurance.--Section
1113 is further amended by adding at the end the following:
``(j) Accidental Death and Dismemberment Insurance.--
``(1) Authority to provide insurance.--The Board may
procure accidental death and dismemberment insurance for an
employee of the Board who travels for an accident
investigation or other activity of the Board outside the
United States or inside the United States under hazardous
circumstances, as defined by the Board.
``(2) Crediting of insurance benefits to offset united
states tort liability.--Any amounts paid to a person under
insurance coverage procured under this subsection shall be
credited as offsetting any liability of the United States to
pay damages to that person under section 1346(b) of title 28,
chapter 171 of title 28, chapter 163 of title 10, or any
other provision of law authorizing recovery based upon tort
liability of the United States in connection with the injury
or death resulting in the insurance payment.
``(3) Treatment of insurance benefits.--Any amounts paid
under insurance coverage procured under this subsection shall
not--
``(A) be considered additional pay or allowances for
purposes of section 5536 of title 5; or
[[Page H7097]]
``(B) offset any benefits an employee may have as a result
of government service, including compensation under chapter
81 of title 5.
``(4) Entitlement to other insurance.--Nothing in this
subsection shall be construed as affecting the entitlement of
an employee to insurance under section 8704(b) of title 5.''.
SEC. 6. DISCLOSURE, AVAILABILITY, AND USE OF INFORMATION.
(a) Trade Secrets, Commercial Information, and Financial
Information.--Section 1114(b) is amended--
(1) by striking the subsection heading and inserting the
following: ``Trade Secrets, Commercial Information, and
Financial Information'';
(2) in paragraph (1) in the matter preceding subparagraph
(A)--
(A) by inserting ``submitted to the Board in the course of
a Board investigation or study and'' after ``information'';
and
(B) by inserting ``, or commercial or financial information
if the information would otherwise be withheld under section
552(b)(4) of title 5,'' after ``title 18'';
(3) in paragraph (2) by striking ``paragraph (1) of this
subsection'' and inserting ``subparagraphs (A) through (C) of
paragraph (1)''; and
(4) by adding at the end the following:
``(4) Annotation of Controlled Information.--Each person
submitting to the Board trade secrets, commercial
information, 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. In this paragraph, the term
`International Traffic in Arms Regulations' means those
regulations contained in parts 120 through 130 of title 22,
Code of Federal Regulations (or any successor regulations).
``(5) Disclosures to Protect Public Health and Safety.--
Disclosures of information under paragraph (1)(D) may include
disclosures through accident investigation reports, safety
studies, and safety recommendations.''.
(b) Surface Vehicle Recordings and Transcripts.--The second
sentence of section 1114(d)(1) is amended by striking
``that'' after ``information''.
(c) Vessel Recordings and Transcripts.--Section 1114 is
amended--
(1) in subsection (a)(1) by striking ``and (f)'' and
inserting ``(e), and (g)'';
(2) in subsection (d)(1) by striking ``or vessel'';
(3) by redesignating subsections (e) and (f) as subsections
(f) and (g), respectively; and
(4) by inserting after subsection (d) the following:
``(e) Vessel Recordings and Transcripts.--
``(1) Confidentiality of recordings and transcripts.--The
Board may not disclose publicly any part of a vessel's voice
or video recorder recording or transcript of oral
communications by or among the crew, pilots, or docking
masters of a vessel, vessel traffic services, or other
vessels, or between the vessel's crew and company
communication centers, related to a marine casualty
investigated by the Board. However, the Board shall make
public any part of a transcript or any written depiction of
visual information the Board decides is relevant to the
marine casualty--
``(A) if the Board holds a public hearing on the marine
casualty, 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 marine
casualty are placed in the public docket.
``(2) References to information in making safety
recommendations.--This subsection does not prevent the Board
from referring at any time to voice or video recorder
information in making safety recommendations.''.
(d) Foreign Investigations.--Section 1114(g) (as
redesignated by subsection (c)(3) of this section) is
amended--
(1) in paragraph (1)(A) by striking ``shall'' and inserting
``may''; and
(2) in paragraph (2) by inserting ``, or other relevant
information authorized for disclosure under this chapter,''
after ``information''.
(e) Party Representatives to NTSB Investigations.--
(1) In general.--Section 1114 is further amended by adding
at the end the following:
``(h) Party Representatives to NTSB Investigations.--
``(1) Prohibition on disclosure of information.--A party
representative to an accident or marine casualty
investigation of the Board is prohibited from disclosing,
orally or in written form, investigative information, as
defined by the Board, to anyone who is not an employee of the
Board or who is not a party representative to such
investigation, except--
``(A) as provided in paragraph (2); or
``(B) at the conclusion of the fact finding stage of an
investigation, which the investigator-in-charge shall
announce by formal posting of a notice in the publicly
available investigation docket.
``(2) Exception.--If the investigator-in-charge determines
that a disclosure of information related to an accident or
marine casualty investigation is necessary to prevent
additional accidents or marine casualties, to address a
perceived safety deficiency, or to assist in the conduct of
the investigation, the investigator-in-charge may at any time
authorize in writing a party representative to disclose such
information under conditions approved by the investigator-in-
charge. Such conditions shall ensure that, until the posting
of a formal notice described in paragraph (1)(B), or until
the information disclosed pursuant to this paragraph becomes
publicly available by any other means, neither the entity
represented by the party representative nor any other person
may use such information in preparation for the prosecution
of any claim or defense in litigation in connection with the
accident or marine casualty being investigated or to make or
deny any insurance claim in connection with such accident or
marine casualty.
``(3) Compliance.--The Board shall require any individual
who is a party representative to an investigation of the
Board to sign a party agreement that includes language
informing the individual of the prohibition in paragraph (1).
``(4) Representatives of federal agencies.--Paragraph (3)
shall not apply to an individual who is a representative of
the Secretary of Transportation, the Secretary of the
department in which the Coast Guard is operating, or any
other Federal department, agency, or instrumentality
participating in the investigation and deemed by the Board to
be performing a law enforcement or similar function.
``(5) Compliance with faa statutory obligations.--Nothing
in this subsection prohibits the Federal Aviation
Administration from fulfilling statutory obligations to
ensure safe operations.
``(6) Party representative defined.--In this subsection,
the term `party representative' means an individual
representing a party to an investigation pursuant to section
831.11 of title 49, Code of Federal Regulations, as in effect
on the date of enactment of this subsection.''.
(2) Civil penalty.--Section 1151 is amended--
(A) in the section heading by striking ``Aviation
enforcement'' and inserting ``Enforcement''; and
(B) by inserting ``1114(h),'' before ``1132,'' in each of
subsections (a), (b)(1), and (c).
(3) Conforming amendment.--The analysis for chapter 11 is
amended by striking the item relating to section 1151 and
inserting the following:
``1151. Enforcement.''
(f) GAO Study of Party Process.--
(1) In general.--The Comptroller General shall conduct a
study on the use of party representatives in investigations
conducted by the National Transportation Safety Board.
(2) Contents.--In conducting the study, the Comptroller
General shall examine, at a minimum--
(A) whether the composition of the party representatives
should be broadened to include on-going representatives from
other entities that could provide independent, technically
qualified representatives to a Board investigation;
(B) whether the participation of party representatives in a
Board investigation results in any unfair advantages for the
entities represented by the party representatives while the
Board is conducting the investigation;
(C) whether the use of party representatives leads to bias
in the outcome of a Board investigation; and
(D) whether Board investigations would be compromised in
any way absent the participation and expertise of party
representatives.
(3) Report to congress.--Not later than 18 months after the
date of enactment of this Act, the Comptroller General shall
submit to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a report
on the results of the study conducted under this subsection,
including any recommendations for improvements in the Board's
use of the party representative process.
SEC. 7. TRAINING.
Section 1115(d) is amended--
(1) by inserting ``theory and techniques and on
transportation safety methods to advance Board safety
recommendations'' before the period at the end of the first
sentence;
(2) by inserting ``or who influence the course of
transportation safety through support or adoption of Board
safety recommendations'' before the period at the end of the
second sentence; and
(3) by inserting ``under section 1118(c)(2)'' before the
period at the end of the third sentence.
SEC. 8. REPORTS AND STUDIES.
(a) Studies and Investigations.--Section 1116(b) is
amended--
(1) in paragraph (1) by striking ``carry out'' and
inserting ``conduct''; and
(2) by striking paragraph (3) and inserting the following:
``(3) prescribe requirements for persons reporting
accidents, as defined in section 1101(a), that may be
investigated by the Board under this chapter;''.
(b) Urgent Safety Recommendations and Interim Measures.--
Section 1116 is amended by adding at the end the following:
``(c) Urgent Safety Recommendations and Interim Measures.--
``(1) Limitation on statutory construction.--Nothing in
this section shall restrict the Board from--
``(A) making urgent safety recommendations, as identified
by the Board during an ongoing safety investigation or study,
to any department, agency, or instrumentality of
[[Page H7098]]
the Federal Government, a State or local governmental
authority, or a person concerned with transportation safety;
or
``(B) recommending interim measures, as identified by the
Board, to a department, agency, instrumentality, authority,
or person described in subparagraph (A) to mitigate risks to
transportation safety pending implementation of more
comprehensive responses by the department, agency,
instrumentality, authority, or person.
``(2) Inclusion in final accident reports.--If the Board
makes an urgent safety recommendation or recommends an
interim measure before completing a relevant final accident
report, if any, the urgent safety recommendation or interim
measure shall also be reflected in the final accident
report.''.
(c) Evaluation and Audit.--Section 1138(a) is amended by
striking ``conducted at least annually, but may be''.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--Section 1118(a) is amended to read as
follows:
``(a) In General.--There is authorized to be appropriated
for the purposes of this chapter--
``(1) $107,583,000 for fiscal year 2011;
``(2) $115,347,000 for fiscal year 2012;
``(3) $122,187,000 for fiscal year 2013; and
``(4) $124,158,000 for fiscal year 2014.
Such sums shall remain available until expended.''.
(b) Fees, Refunds, Reimbursements, and Advances.--Section
1118(c) is amended--
(1) by striking the subsection heading and inserting the
following: ``Fees, Refunds, Reimbursements, and Advances'';
(2) in paragraph (1)--
(A) by striking ``and reimbursements'' and inserting
``reimbursements, and advances''; and
(B) by striking ``services'' and inserting ``activities,
services, and facilities'';
(3) in paragraph (2)--
(A) in the matter preceding subparagraph (A) by striking
``or reimbursement'' and inserting ``reimbursement, or
advance''; and
(B) in each of subparagraphs (A) and (B) by striking
``activities'' and all that follows before the semicolon and
inserting ``activities, services, or facilities for which the
fee, refund, reimbursement, or advance is associated'';
(4) by redesignating paragraph (3) as paragraph (4);
(5) by inserting after paragraph (2) the following:
``(3) Annual record of collections.--The Board shall
maintain an annual record of collections received under
paragraph (2).''; and
(6) in paragraph (4) (as redesignated by paragraph (4) of
this subsection) by inserting ``or advance'' after ``fee''.
SEC. 10. ACCIDENT INVESTIGATION AUTHORITY.
(a) In General.--Section 1131(a)(1) is amended--
(1) in the matter preceding subparagraph (A) by striking
``cause or probable cause'' and inserting ``causes or
probable causes'';
(2) in subparagraph (C) by striking ``a fatality or
substantial property damage'' and inserting ``a fatality
(other than a fatality involving a trespasser) or substantial
property damage'';
(3) in subparagraph (E) by striking ``and'' at the end;
(4) in subparagraph (F) by striking the period at the end
and inserting ``; and''; and
(5) by adding at the end the following:
``(G) an accident in response to an international request
and delegation under appropriate international conventions,
coordinated through the Department of State and accepted by
the Board.''.
(b) Authorities of Other Agencies.--The second sentence of
section 1131(a)(3) is amended by inserting ``or relevant to''
after ``developed about''.
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--Section 1131(c) is amended by adding at the end
the following:
``(3) Authority of board representative.--In the case of a
delegation of authority under paragraph (1), the Secretary,
or a person designated by the Secretary, shall have the
authority of the Board, on display of appropriate credentials
and written notice of inspection authority, to enter property
where the aircraft accident has occurred or wreckage from the
accident is located and to gather evidence in support of a
Board investigation, in accordance with rules the Board may
prescribe.''.
(d) Incident Investigations.--Section 1131 is amended by
adding at the end the following:
``(f) Incident Investigations.--
``(1) Memorandum of understanding.--Not later than 90 days
after the issuance of final regulations under section
1101(a)(2), the Chairman of the Board shall seek to enter
into a memorandum of understanding with the Secretary of
Transportation and the head of each modal administration of
the Department of Transportation that sets forth--
``(A) an understanding of the conditions under which the
Board will conduct an incident investigation that involves
the applicable mode of transportation; and
``(B) the roles and responsibilities of the parties to the
memorandum when the Board is conducting an incident
investigation.
``(2) Updates and renewals.--Each memorandum of
understanding required under paragraph (1) shall be updated
and renewed not less than once every 5 years, unless parties
to the memorandum agree that updating the memorandum is
unnecessary.
``(3) Board authority.--Nothing in this paragraph negates
the authority of the Board to investigate an incident.
``(4) Incident defined.--In this subsection, the term
`incident' means an incident described in regulations issued
under section 1101(a)(2).''.
SEC. 11. MARINE CASUALTY INVESTIGATIONS.
(a) In General.--Chapter 11 is amended by inserting after
section 1132 the following:
``Sec. 1132a. Marine casualty investigations
``(a) Delegation of Authority to Coast Guard.--
``(1) In general.--In an investigation of a major marine
casualty under section 1131(a)(1)(E), the Board, with the
consent of the Secretary of the department in which the Coast
Guard is operating, may delegate to the Commandant of the
Coast Guard full authority to obtain the facts of the
casualty. In the case of such a delegation, the Commandant,
acting through the Commandant's on-scene representative,
shall have the full authority of the Board.
``(2) Required training, experience, and qualifications.--
The Board may not make a delegation under paragraph (1)
unless the Board determines that the Commandant's on-scene
representatives have sufficient training, experience, and
qualifications in investigation, marine casualty
reconstruction, evidence collection and preservation, human
factors, and documentation to act in accordance with the best
investigation practices of Federal and non-Federal entities.
``(b) Participation of Commandant in Marine
Investigations.--The Board shall provide for the
participation of the Commandant of the Coast Guard in an
investigation by the Board of a major marine casualty under
section 1131(a)(1)(E) if such participation is necessary to
carry out the duties and powers of the Commandant, except
that the Commandant may not participate in establishing the
probable cause of the marine casualty (other than as provided
in section 1131(b)).''.
(b) Conforming Amendment.--The analysis for chapter 11 is
amended by inserting after the item relating to section 1132
the following:
``1132a. Marine casualty investigations.''.
SEC. 12. INSPECTIONS AND AUTOPSIES.
(a) Entry and Inspection.--Section 1134(a) is amended in
the matter preceding paragraph (1)--
(1) by striking ``officer or employee'' and inserting
``officer, employee, or Federal designee''; and
(2) by inserting ``in the conduct of any accident
investigation or study'' after ``National Transportation
Safety Board''.
(b) Inspection, Testing, Preservation, and Moving of
Aircraft and Parts.--Section 1134(b) is amended to read as
follows:
``(b) Inspection, Testing, Preservation, and Moving of
Aircraft and Parts.--
``(1) Inspection and testing.--In investigating an aircraft
accident under this chapter, the Board may--
``(A) inspect and test, to the extent necessary, any civil
aircraft, aircraft engine, propeller, appliance, or property
on an aircraft involved in an accident in air commerce;
``(B) seize or otherwise obtain any recording device and
recording pertinent to the accident; and
``(C) 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 aircraft involved in the accident.
``(2) Moving of aircraft and parts.--Any civil aircraft,
aircraft engine, propeller, appliance, or property on an
aircraft involved in an accident in air commerce shall be
preserved, and may be moved, only as provided by regulations
of the Board.
``(3) Trade secrets, commercial information, and financial
information.--The provisions of section 1114(b) shall apply
to materials provided under paragraph (1)(C) and properly
identified as trade secrets, commercial information, or
financial information.''.
(c) Avoiding Unnecessary Interference; Preserving
Evidence.--Section 1134(c) is amended to read as follows:
``(c) Avoiding Unnecessary Interference; Preserving
Evidence.--
``(1) Inspection and testing.--In carrying out subsection
(a)(1), an officer or employee may--
``(A) examine or test any vehicle, vessel, rolling stock,
track, or pipeline component;
``(B) seize or otherwise obtain any recording device and
recording pertinent to the accident; and
``(C) 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 vehicle, vessel, or rolling
stock involved in the accident.
``(2) Trade secrets, commercial information, and financial
information.--The provisions of section 1114(b) shall apply
to materials provided under paragraph (1)(C) and properly
identified as trade secrets, commercial information, or
financial information.
``(3) Conduct of examinations and tests.--An examination or
test under paragraph (1)(A) shall be conducted in a way
that--
``(A) does not interfere unnecessarily with transportation
services provided by the owner or operator of the vehicle,
vessel, rolling stock, track, or pipeline component; and
[[Page H7099]]
``(B) to the maximum extent feasible, preserves evidence
related to the accident, consistent with the needs of the
investigation and with the cooperation of that owner or
operator.''.
SEC. 13. DISCOVERY AND USE OF COCKPIT AND SURFACE VEHICLE
RECORDINGS AND TRANSCRIPTS.
Section 1154(a)(1)(A) is amended by striking ``; and'' and
inserting ``; or''.
SEC. 14. FAMILY ASSISTANCE.
(a) Family Assistance in Commercial Aviation Accidents.--
Section 41113(b)(7) is amended by inserting before the period
at the end the following: ``, and that at least 60 days
before the planned destruction of any unclaimed possession of
a passenger a reasonable attempt will be made to notify the
family of the passenger''.
(b) Family Assistance in Commercial Aviation Accidents
Involving Foreign Carriers.--Section 41313(c)(7) is amended
by inserting before the period at the end the following: ``,
and that at least 60 days before the planned destruction of
any unclaimed possession of a passenger a reasonable attempt
will be made to notify the family of the passenger''.
SEC. 15. NOTIFICATION OF MARINE CASUALTIES.
Not later than 6 months after the date of enactment of this
Act, the National Transportation Safety Board and the
Secretary of the department in which the Coast Guard is
operating shall jointly prescribe regulations to ensure the
prompt notification and reporting of marine casualties by the
Coast Guard to the Board.
SEC. 16. USE OF BOARD NAME, LOGO, INITIALS, AND SEAL.
Section 709 of title 18, United States Code, is amended--
(1) by inserting ``or'' at the end of the paragraph
immediately preceding the paragraph that begins ``Shall be
punished as follows:''; and
(2) by inserting the following before the paragraph that
begins ``Shall be punished as follows:'':
``Whoever, except with the written permission of the
Chairman of the National Transportation Safety Board,
knowingly uses the words `National Transportation Safety
Board', the logo of the Board, the initials `NTSB', or the
official seal of the Board, or any colorable imitation of
such words, logo, initials, or seal, in connection with any
advertisement, circular, book, pamphlet, or other
publication, or any play, motion picture, broadcast,
telecast, or other production, in a manner reasonably
calculated to convey the impression that such advertisement,
circular, book, pamphlet, or other publication, or such play,
motion picture, broadcast, telecast, or other production, is
approved, endorsed, or authorized by the National
Transportation Safety Board;''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Minnesota (Mr. Oberstar) and the gentleman from New Jersey (Mr.
LoBiondo) each will control 20 minutes.
The Chair recognizes the gentleman from Minnesota.
General Leave
Mr. OBERSTAR. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 4714.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Minnesota?
There was no objection.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this is a very special moment for me. It's at least the
fourth or fifth National Transportation Safety Board reauthorization
bill that I have brought to the floor to manage during the years that I
chaired the aviation authorization subcommittee. And during the years
when we were in the minority and partnered with our Republican
colleagues on the committee to bring NTSB authorizations to the floor,
I'm proud to say they have all, under management by either party in our
committee, these bills have all come out of committee with a unanimous
vote.
{time} 1920
We have not had recorded votes within committee. Whatever differences
of view, we have been able to resolve and acknowledge one another's
contributions. And the same with this reauthorization for NTSB.
I will just observe that I served in Congress as staff in 1966-67
when the Congress created the Department of Transportation and included
within it an independent safety board. But after a few years, it was
apparent that the Safety Board could not be independent within the
Department. So the Congress, before I was elected, moved to separate
the NTSB, separate the safety board from the Department and establish
it as an independent agency separate from the Department itself.
In the years since then, the NTSB has become the worldwide gold
standard for safety standards, for investigation of transportation
accidents, and for leading the world to a better safety regime in all
modes of transportation. Other nations have come to the U.S. to emulate
our NTSB, to see how it works, how it's structured, and how it acts
with independence. And we, in this authorization, continue that
standard for the NTSB, increasing staff, increasing funding modestly
only just to accommodate the needs of NTSB for the additional
responsibilities we have shouldered upon the Safety Board. I would like
to say that we add two full-time equivalent employees to support the
recently enacted Rail Disaster Family Assistance Act, legislation that
the former chairman of the committee, Don Young, had introduced in 2006
and which we adopted by voice vote in the committee. I just want to
make an acknowledgement of Mr. Young's continued splendid contribution.
With that, I reserve the balance of my time.
Mr. LoBIONDO. Mr. Speaker, I yield myself such time as I may consume.
Mr. Oberstar has been very passionate on this issue, along with a
number of other issues. The critical importance of NTSB has been
outlined over and over again. I urge all Members to look very carefully
at this.
I yield back the balance of my time.
Mr. OBERSTAR. Mr. Speaker, we have no further requests for time on
our side. I submit for the Record a more detailed explanation of the
provisions of the reauthorization.
Mr. OBERSTAR. Mr. Speaker, I rise in strong support of H.R. 4714, as
amended, a bill to reauthorize the National Transportation Safety Board
(NTSB), an independent agency with the vitally important responsibility
to improve the safety of our nation's transportation network.
Since its inception in 1967, the NTSB has investigated more than
132,000 aviation accidents and more than 10,000 surface transportation
accidents. During those 43 years, the Safety Board has issued more than
13,000 safety recommendations, with 82 percent of those recommendations
accepted by the related agency or organization. In the last three years
alone, the Safety Board has investigated more than 64 major accidents,
issued 63 major reports covering all transportation modes (aviation,
highway, transit, maritime, railroad, and pipeline/hazardous
materials), and issued more than 521 safety recommendations.
The NTSB is widely acknowledged as the world's premier accident
investigation agency. Thanks to the NTSB's diligent work in
investigating the causes of past transportation accidents, and in
recommending solutions, the traveling public is safer today than ever
before.
But we must not be content with the progress we have made in
improving transportation safety. That is why H.R. 4714, the ``National
Transportation Safety Board Reauthorization Act of 2010'', provides the
Safety Board with additional tools it needs to accomplish its crucial
mission. To maintain its position as the world's preeminent
investigative agency, the NTSB must have the resources necessary to
handle increasingly complex accident investigations.
Accordingly, this bill authorizes increased funding over the next
four years: $107.6 million in fiscal year (FY) 2011, $115.3 million in
FY 2012, $122.2 million in FY 2013, and $124.2 million in FY 2014.
These funding levels will allow the NTSB to hire an additional 66 full-
time equivalent (FTE) positions, increasing its staffing to 477 FTEs.
According to the NTSB's 2009 human capital forecast, 477 FTEs represent
the Safety Board's optimal staffing level and enables the agency to
take on more investigations and accomplish detailed examinations of
transportation safety issues.
These funding levels are consistent with the previous NTSB
authorization bill. In 2006, the Committee on Transportation and
Infrastructure authorized $100 million for the Safety Board to support
475 FTEs in FY 2008 and FY 2009. That is the same number we are
discussing today, plus two additional FTEs to support the recently-
enacted Rail Disaster Family Assistance Act. My good friend from
Alaska, and former Chairman of the Committee, Don Young, introduced
that legislation in 2006, which was adopted by a voice vote in
Committee.
Unfortunately, appropriations have not kept pace with the Safety
Board's needs. NTSB believes that it is imperative to increase its
staffing to 477 FTEs to ensure that it has the investigative staff it
needs to conduct effective investigations.
Importantly, H.R. 4714 also contains an explicit authorization for
the NTSB to do what it
[[Page H7100]]
has done historically: investigate incidents as well as accidents. The
Safety Board's work in response to incidents is no less important and
has produced a body of work that, without question, has prevented
future accidents and loss of life.
The NTSB's work in investigating past incidents has taught us that
incidents are often precursors to major accidents that involve
fatalities and serious damage. I recall the Safety Board's work on
near-collisions and runway incursions in the 1980s, when I chaired our
Subcommittee on Investigations and Oversight. In response to a spate of
runway incursions--including one incident in which two DC-10s with a
combined 501 passengers on board nearly collided at Minneapolis-St.
Paul International Airport--the Safety Board issued detailed
recommendations to the Federal Aviation Administration and operators on
how to prevent similar near-disasters. In the years since, the Safety
Board has continued its work in analyzing runway incursions. Enhancing
runway safety remains a priority on the NTSB's Most Wanted List of
aviation safety improvements.
In addition, H.R. 4714 should resolve, once and for all, any
ambiguity in the NTSB's authority to issue subpoenas in all
investigations. In a few cases, NTSB investigations have been hindered
or delayed when the recipients of subpoenas have not complied, arguing
that the NTSB's authority to issue subpoenas only extends to the
conduct of public hearings. H.R. 4714 makes it clear that the NTSB's
subpoena authority extends equally to all investigations: those that
require public hearings, as well as those that do not.
The bill also clarifies that the NTSB is not required to determine a
single cause or probable cause of a transportation accident, but may
determine that there was more than one probable cause. The bill keeps
pace with advances in accident investigation, which recognize that a
particular accident is rarely attributable to a single cause or
probable cause, and that most accidents happen as the result of
cumulative factors.
The bill also holds the NTSB accountable, by requiring the Safety
Board to develop a list of criteria that it will use to determine
whether to hold a public hearing in any particular investigation.
Furthermore, H.R. 4714 permits the NTSB to delegate its full
authority to investigate major marine casualties to the Coast Guard if
the NTSB determines that Coast Guard personnel assigned to investigate
marine casualties possess the training, experience, and qualifications
necessary to employ best practices in use by marine casualty
investigators. In addition, the bill ensures coordination and
cooperation between the NTSB and the Coast Guard in investigations of
major marine casualties.
H.R. 4714 also permits the NTSB, upon coordination with the State
Department, to investigate a transportation accident that occurred
overseas, and to use appropriated funds to complete that investigation.
The NTSB accepted such a delegation of responsibility by the government
of Afghanistan to investigate the 2004 crash of Blackwater 61, in which
six Americans lost their lives.
H.R. 4714 provides the NTSB with the necessary funding and authority
to accomplish its critical mission of ensuring the safety of the
traveling public.
I urge my colleagues to join me in supporting H.R. 4714.
House of Representatives,
Committee on the Judiciary,
Washington, DC, March 4, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation, House of
Representatives, Washington, DC.
Dear Chairman Oberstar: This is to advise you that, as a
result of your having consulted with us on provisions in H.R.
4714, the National Transportation Safety Board
Reauthorization Act of 2010, that fall within the rule X
jurisdiction of the Committee on the Judiciary, we are able
to agree to discharging our committee from further
consideration of the bill without seeking formal referral, in
order that it may proceed without delay to the House floor
for consideration.
The Judiciary Committee takes this action with our mutual
understanding that by foregoing consideration of H.R. 4714 at
this time, we do not waive any jurisdiction over subject
matter contained in this or similar legislation, and that our
Committee will be appropriately consulted and involved as the
bill or similar legislation moves forward, so that we may
address any remaining issues in our jurisdiction. Our
Committee also reserves the right to seek appointment of an
appropriate number of conferees to any House-Senate
conference involving this or similar legislation, and
requests your support for any such request.
I would appreciate your including this letter in the
Congressional Record during consideration of the bill on the
House floor. Thank you for your attention to this request,
and for the cooperative relationship between our two
committees.
Sincerely,
John Conyers, Jr.,
Chairman.
____
House of Representatives, Committee on Transportation and
Infrastructure,
Washington, DC, March 4, 2010.
Hon. John Conyers, Jr.,
Chairman, Committee on the Judiciary, House of
Representatives, Washington, DC.
Dear Chairman Conyers: I write to you regarding H.R. 4714,
the ``National Transportation Safety Reauthorization Act of
2010''.
I agree that provisions included in H.R. 4714 are of
jurisdictional interest to the Committee on the Judiciary. I
acknowledge that by forgoing a sequential referral, your
Committee is not relinquishing its jurisdiction. I will fully
support your request to be represented in a House-Senate
conference on those provisions over which the Committee on
the Judiciary has jurisdiction in H.R. 4714.
This exchange of letters will be placed in the Committee
Report on H.R. 4714 and the Congressional Record as part of
the consideration of this legislation in the House.
I look forward to working with you as we prepare to pass
this important legislation.
Sincerely,
James L. Oberstar,
Chairman.
Mr. CARNAHAN. Mr. Speaker, I rise today in strong support of H.R.
4714, the National Transportation Safety Board Reauthorization Act.
At its heart, the reauthorization of the NTSB is about safety. Every
year, the NTSB investigates thousands of accidents over all modes of
transportation--investigations that are critical to determining why
accidents happen, so steps can be taken to prevent them in the future.
One of the main ways the Board is able to complete so many
investigations is by the use of the party process, where outside groups
with specific technical expertise are brought in to assist in the
course of the investigation.
Clearly, the party process is of critical importance to NTSB
investigations.
However, reports have indicated during the course of these
investigations it has become common place for official party
representatives to provide information about the ongoing investigation
to other members of their organization who have not signed the
certification of party representative.
Meanwhile, the families of loved ones killed or injured in an
accident do not have access to the information until it is placed in a
public docket--often many months after the accident.
The idea that anyone could receive information about the possible
cause of an accident in advance of victims or family members is not
acceptable. What is even more appalling is the idea that this
information could be handed over to entities or companies who might
have a vested interest in the outcome of the investigation.
I am very pleased that this legislation includes a provision that
prohibits a party representative to an NTSB investigation from
violating the code of silence either orally or in writing during the
course of an investigation.
This language will simply level the playing field for the family
members of those killed or injured in an accident being investigated by
the Board. It strengthens what is in fact already Board policy by
putting the prohibition in statute and there by strengthens the party
process.
This would not have been possible without the support and cooperation
of the NTSB, as well as Chairman Oberstar and Subcommittee Chair
Costello, who worked with me to make sure this important language was
included. And I must extend a special thanks to the families of Colgan
Flight 3407. Their support for this provision is particularly
meaningful to me.
As many of my colleagues know, this is a very personal issue to me. I
know first-hand what it is like to wait for the conclusion on an NTSB
investigation to learn more about the cause of the accident, knowing
others many have access to the information about the investigation
prior to you. I came out of that experience convinced that more needed
to be done to make sure no one gets information before families do.
Today, it is my hope that we are one step closer to codifying that
common-sense principle into law.
Ms. NORTON. Mr. Speaker, I rise in strong support of the National
Transportation Safety Board Reauthorization Act of 2010. This
reauthorization, which extends the National Transportation Safety
Board's (NTSB' s) oversight functions, is particularly important in the
wake of the 2009 Metro Red Line train collision near the Fort Totten
station here in the nation's capital, for which the NTSB just issued
its final report. A provision in this bill, based on one of my bills,
the National Transportation Safety Board Interim Safety Recommendations
Act, clarifies that the NTSB may, and should, offer both interim and
urgent safety recommendations to federal, state and local
transportation authorities. This provision will save lives and does not
impede investigations or affect final recommendations.
On June 22, 2009, two Washington Metropolitan Area Transit Authority
(WMATA) trains collided near the Fort Totten station here in
[[Page H7101]]
the nation's capital. This collision was devastating for this region
and for the nation's transit systems, as nine regional residents died,
including seven from the nation's capital. Members of congress and
their staff and many other federal employees of every rank form the
majority of Metro's weekday riders. Millions of tourists, people who
work in every sector and school children are regular riders. The
collision has had nation-wide consequences. On September 22, 2010, even
before its Metro study was complete, the NTSB issued nine nation-wide
safety recommendations to address concerns about the safety of train
control systems that use audio frequency track circuits, like those
that contributed to the June 22nd train collision here, showing that
low-cost recommendations are in order and might save lives.
The NTSB has been particularly vigilant in quickly reporting defects
and operational problems to encourage remediation even before its final
reports. In 1996, long before the June 22nd collision, the NTSB
recommended that WMATA replace or retrofit its 1000-series train cars
after a train overran a station platform, striking a standing,
unoccupied train, and killing the driver of the striking train. The
NTSB renewed this recommendation to replace or refurbish the older cars
following the rollback accident in the Woodley Park Metro station in
2004, as it should have. The NTSB is not prohibited by statute from
making interim recommendations for corrective actions, but low-cost
recommendations were not made after any of the Metro accidents. This
amendment clarifies that the NTSB does have such authority.
Even before the reasons for the June 22nd crash had been determined,
it was evident that the striking car, which was a 1000-series train
car, was significantly more damaged than the struck car, which was a
newer 6000-series car. In fact, all of the fatalities were from the
1000-series car. Following the collision, the Amalgamated Transit Union
Local 689 suggested that WMATA put the 1000-series cars between the
newer, more crashworthy 6000-series cars. Unfortunately, without
clarification of the regulatory authority provided by my provision,
there have been no tests of crashworthiness either of the newer 6000-
series cars or of the older 1000-series. However, the evidence from the
crash suggests that 40-year-old cars may be more dangerous as lead and
rear cars. The NTSB did not disagree with this interim step at a
congressional hearing in July 2010, but it never recommended this or
any other interim action, except action that is so costly that it
cannot occur in a timely manner.
It is a well-known and frustrating fact that, for years, Metro has
tried to convince Congress and its local jurisdictions to fund
replacements for the old 1000-series cars and only in fiscal year 2010,
after the tragic collision, did Congress appropriate the first $150
million of the $1.5 billion authorized in 2007. The 1000-series cars
represent only 300 of Metro's 1,100-car fleet, but replacing those cars
will cost $600 million and take at least five years. Congress and
members of our regional delegation had been working long before the
collision to get from Congress the $1.5 billion that has now been
authorized for WMATA's urgent capital and preventive maintenance needs,
including new cars. While we have finally been successful in getting
the first $150 million, it will take years to fund these replacements,
not to mention other capital needs. Recommendations short of multi-
million dollar upgrades and replacements can save lives. My provision
requires the NTSB to specifically consider recommending interim and
urgent recommendations where appropriate, especially when a transit
agency has not secured funds to comply with the costly permanent
recommendations.
I ask that my colleagues support this bill.
Mr. OBERSTAR. I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Minnesota (Mr. Oberstar) that the House suspend the
rules and pass the bill, H.R. 4714, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________