[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.

                          ____________________