[Senate Report 106-386]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 762
106th Congress                                                   Report

 2d Session                      SENATE                         106-386

_______________________________________________________________________






 
            NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                    on

                                S. 2412



                                     

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                       one hundred sixth congress
                             second session

                     JOHN McCAIN, Arizona, Chairman
TED STEVENS, Alaska                  ERNEST F. HOLLINGS, South Carolina
CONRAD BURNS, Montana                DANIEL K. INOUYE, Hawaii
SLADE GORTON, Washington             JOHN D. ROCKEFELLER IV, West 
TRENT LOTT, Mississippi                  Virginia
KAY BAILEY HUTCHISON, Texas          JOHN F. KERRY, Massachusetts
OLYMPIA SNOWE, Maine                 JOHN B. BREAUX, Louisiana
JOHN ASHCROFT, Missouri              RICHARD H. BRYAN, Nevada
BILL FRIST, Tennessee                BYRON L. DORGAN, North Dakota
SPENCER ABRAHAM, Michigan            RON WYDEN, Oregon
SAM BROWNBACK, Kansas                MAX CLELAND, Georgia
                       Mark Buse, Staff Director
                   Ann H. Choiniere, General Counsel
               Kevin D. Kayes, Democratic Staff Director
                  Moses Boyd, Democratic Chief Counsel
                Gregg Elias, Democratic General Counsel



                                                       Calendar No. 762
106th Congress                                                   Report
                                 SENATE
 2d Session                                                     106-386

======================================================================




            NATIONAL TRANSPORTATION SAFETY BOARD AMENDMENTS

                                _______
                                

                August 25, 2000.--Ordered to be printed

   Filed under authority of the order of the Senate of July 26, 2000

                                _______
                                

       Mr. McCain, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2412]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2412) ``A Bill to amend title 
49, United States Code, to authorize appropriations for the 
National Transportation Safety Board for fiscal years 2000, 
2001, 2002, and 2003, and for other purposes'', having 
considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  As reported, the bill would authorize appropriations for the 
Safety Board in the amounts of $57,000,000 for fiscal year (FY) 
2000, $65,000,000 for FY 2001, $72,000,000 for FY 2002, and 
$79,000,000 for FY 2003. The bill also amends the National 
Transportation Safety Board Act in several ways. These 
statutory changes include:
          (1) Technical clarification of NTSB's authority to 
        investigate accidents to the twelve-mile limit beyond 
        the United States coast and its investigative authority 
        over accidents that may have been the subject of 
        intentional acts of destruction.
          (2) Permission to prescribe overtime pay rates for 
        accident investigators.
          (3) Authority to negotiate technical service 
        agreements with foreign safety agencies or foreign 
        governments.
          (4) Authority to collect reasonable fees for the 
        reproduction and distribution of Board products.
          (5) Authority to withhold voice and video recorder 
        information from public disclosure.
          (6) Creation of a chief financial officer (CFO), with 
        oversight for waste, fraud, and abuse by the Inspector 
        General of the Department of Transportation (DOTIG).

                          Background and Needs

  The National Transportation Safety Board is an independent 
agency charged with determining the probable cause of 
transportation accidents and promoting transportation safety. 
The Board investigates accidents, conducts safety studies, 
evaluates the effectiveness of other government agencies' 
programs for preventing transportation accidents, and reviews 
appeals of adverse certificate and civil penalty actions by the 
Administrators of agencies of the Department of Transportation 
involving airman and seaman licenses. Since its inception in 
1967, the NTSB has investigated more than 110,000 aviation 
accidents, at least 10,000 other accidents in the surface modes 
and issued more than 11,000 safety recommendations.
  The Board has no authority to regulate the transportation 
industry. Therefore, its effectiveness depends on its 
reputation for timely and accurate determinations of accident 
causation and for issuing realistic and feasible safety 
recommendations.
  More than 82 percent of the NTSB's recommendations have been 
implemented, with an even higher percentage of critical safety 
recommendations having been adopted. Over the years, these 
recommendations have included, for example: a ban on the 
transportation of oxygen generators as cargo on passenger 
carrying aircraft; the extension of large air carrier safety 
standards to commuter airline flights in aircraft having 10 or 
more passenger seats; procedures to permit vehicle owners to 
install air bag on/off switches until new, more technologically 
advanced air bags are available; improved school bus 
construction standards; rail passenger car safety improvements; 
new recreational boating safety and commercial fishing vessel 
regulations; and, the development of one-call notification 
systems in all 50 states to improve protections for buried 
pipelines.

                          Legislative History

  The NTSB's authorization expired at the end of FY 1999 
(September 30, 1999) but its funding continues through the 
annual appropriations process. On April 27, 1999, the NTSB 
submitted a three-year reauthorization request to the Senate 
that proposed increased funding, additional staff, and 
statutory changes.
  The Full Committee held a hearing on the NTSB's 
reauthorization request on July 15, 1999. During that hearing, 
NTSB Chairman Jim Hall brought the Committee up to date on 
accident investigations in all transportation modes (civil 
aviation, highway, railroad, pipeline, marine), its most wanted 
safety improvements list, and technological changes it has 
utilized in investigations, such as advances in computer-
generated accident simulations. Chairman Hall also highlighted 
the Safety Board's reauthorization submission.
  On April 12, 2000, Chairman McCain introduced S. 2412, a bill 
authorizing funding for FYs 2000 through 2003. In open 
executive session on June 15, 2000, the Committee approved 
without objection S. 2412.

                      Summary of Major Provisions

  S. 2412 authorizes $57,000,000 for FY 2000, $65,000,000 for 
FY 2001, $72,000,000 for FY 2002, and $79,000,000 for FY 2003.
  The Committee recognizes the Safety Board is currently 
experiencing a high level of major accident investigations, 
many of which are extremely technologically complex. The 
Committee is committed to providing a sufficient level of 
funding to ensure the Board has the necessary personnel and 
resources to complete these challenging investigations and 
carry out its statutory mission. Therefore, the Committee 
agreed to support the Safety Board's funding request and to 
extend the reauthorization through 2003. The Committee expects 
these additional resources to be targeted for major accident 
investigation activities and transportation safety improvement 
activities. To further assist the Board, the legislation also 
would raise the Board's emergency fund to the level 
commensurate to that which has been appropriated in recent 
years.
  The Committee is aware that the NTSB has had to expend 
enormous resources investigating a number of foreign air 
carrier crashes, but the NTSB has been able to recoup costs for 
its services.
  In addition to setting authorization levels for four years, 
the bill also adopts a number of statutory changes as requested 
by the Safety Board:
  1. Voice Recorders.--The bill includes language requested by 
the Safety Board to require the withholding from public 
disclosure of voice and video recorder information for all 
modes of transportation comparable to the protections already 
statutorily provided for cockpit voice recorders (CVRs). The 
bill does not require or endorse that such equipment be 
updated, but instead provides protections if such updates are 
forthcoming. This provision would be an important safeguard in 
ensuring that railroad, maritime, and motor vehicle recorders 
are protected in a manner similar to CVRs.
  2. Overtime Pay Equity.--The bill provides the Board with 
authority to establish reasonable rates of overtime pay for its 
employees directly involved in accident-related work both on-
scene and investigative. This authority was requested in 
acknowledgment of the extensive time spent by NTSB staff in 
carrying out their duties and the Board's inability under 
current law to more fairly compensate these employees. The 
authority in the bill is similar to that already provided by 
Congress to the Federal Aviation Administration and the Coast 
Guard. Bill language is included to place an annual cap on the 
amount of overtime pay an NTSB employee can receive under the 
new authority.
  3. Financial Controls.--The Safety Board's budget has 
substantially increased over the years. As such, this measure 
includes a number of provisions to strengthen financial 
accountability at the Board. Currently, the NTSB is one of the 
few agencies of the Federal government not required to have a 
Chief Financial Officer (CFO). While the Board on its own 
initiative has established a CFO position this bill would 
ensure such a position of fiscal accountability is permanent. 
The legislation also statutorily authorizes the Chairman to 
establish annual travel budgets to govern BoardMember non-
accident travel. After concerns were raised last year over Board Member 
travel, the Board Chairman established annual budgets and procedures 
governing non-accident related travel. These actions were an important 
step in addressing fiscal accountability at the Board and the Committee 
believes they should be continued in the future. Further, the bill 
would give the DOTIG the authority to review the financial management 
and business operations of the Board to determine compliance with 
applicable Federal laws, rules, and regulations.
  4. Definition Clarifications.--The bill clarifies that the 
NTSB's existing jurisdiction over accidents on the navigable 
waters or territorial sea of the United States extends to the 
twelve-mile limit. Jurisdiction to the twelve-mile limit is 
based on international law, notably the 1982 United Nations 
Convention on the Law of the Sea. In 1998, twelve-mile 
jurisdiction authority was affirmed for the Coast Guard in its 
authorization. Since the NTSB and Guard function under a 
statutory requirement for joint rules, the use of consistent 
jurisdiction authority is important.
  The bill also clarifies the NTSB's priority over accident 
scenes. With the exception of major marine investigations, 
investigations undertaken by the Safety Board are given 
priority over any investigation by another department, agency, 
or instrumentality of the United States Government (49 U.S.C. 
1131(a)(2)). Recently several NTSB accident investigations have 
been impeded as other non-transportation related agencies have 
initiated their own separate investigations. In some 
investigations, court orders have been issued to prevent the 
NTSB from testing critical components. Safety Board 
investigators also have been unable to interview transportation 
operators as criminal and civil litigation has increased. These 
criminal investigations have impacted NTSB investigations into 
the ValuJet crash, the FineAir DC-8 cargo crash, and a grade 
crossing accident in Indiana.
  The delays caused by these prosecution inquiries have 
restrained the Board's capability to make timely determinations 
of probable cause and issue safety recommendations. To ensure 
that NTSB will continue to be capable of exercising its 
responsibilities in a timely and judicious manner, the bill 
includes language reiterating NTSB's existing jurisdiction, 
whether the accident is accidental or intentional. The 
Committee fully expects the NTSB to maintain its longstanding 
policy of accommodating its investigatory needs to the unique 
needs of criminal investigations when criminal behavior is 
suspected or demonstrated.
  The bill also contains language requiring the NTSB to 
renegotiate the Memorandums of Understanding (MOUs) governing 
investigation procedures that it currently has with the United 
States Coast Guard and the Federal Bureau of Investigations. 
These MOUs should be updated and refined as necessary to 
provide for a clear understanding of each agency's authority 
when an accident occurs.
  5. Technical Service Agreements and Collections.--The bill 
would clarify the Board's existing authority to enter into 
agreements with foreign countries for training and technical 
assistance in safety regulation and aircraft certification. The 
Board has entered into these agreements for several years but 
the State Department has recently indicated that the NTSB 
should no longer negotiate these agreements. The Safety Board 
participates as the official U.S. representative in foreign 
aircraft accidents and the subject agreements focus on 
accident/incident investigation and prevention. The bill 
language would permit the NTSB to continue to initiate and 
negotiate these training and technical service agreements, and 
to recover the costs for the training and technical services. 
The bill would also permit the Board to recover the costs 
associated with reproducing and distributing its accident 
reports and public dockets.

                            Estimated Costs

  In accordance with paragraph 11(a) of Rule XXVI of the 
Standing Rules of the Senate and Section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate by the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, June 28, 2000.
Hon. John McCain,
Chairman, Committee on Commerce, Science, and Transportation, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2412, the National 
transportation Safety Board Amendments Act of 2000.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is James 
O'Keeffe.
            Sincerely,
                                           Bary B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

S. 2412--National Transportation Safety Board Amendments Act of 2000

    Summary: S. 2412 would authorize the appropriation of $216 
million for the National Transportation Safety Board (NTSB) 
over the 2001-2003 period and would revise various NTSB 
policies and procedures. The bill also would authorize the 
appropriation of amounts necessary to replenish the NTSB 
emergency fund due to future expenditures. Under the bill, 
certain fees collected by the NTSB would be classified as 
offsetting collections credited to appropriations. Finally, S. 
2412 would authorize the Inspector General of the Department of 
Transportation to conduct audits of the NTSB's financial 
management and business operations and would require the NTSB 
to reimburse the department for such costs.
    Assuming appropriation of the specified amounts, CBO 
estimates that implementing S. 2412 would result in 
discretionary spending of $216 million over the 2001-2005 
period. The bill would not affect direct spending or receipts; 
therefore, pay-as-you-go procedures would not apply. S. 2412 
contains no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act (UMRA) and would 
impose no costs on state, local, or tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2412 is shown in the following table. 
The costs of this legislation fall within budget function 400 
(transportation).

----------------------------------------------------------------------------------------------------------------
                                                                      By fiscal year, in millions of dollars
                                                                 -----------------------------------------------
                                                                   2000    2001    2002    2003    2004    2005
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

NTSB spending under current law:
    Budget authority \1\........................................      57       0       0       0       0       0
    Estimated outlays...........................................      71       6       1       0       0       0
Proposed changes:
    Authorization level.........................................       0      65      72      79       0       0
    Estimated outlays...........................................       0      59      71      78       8       0
NTSB spending under S. 2412:
    Authorization level \1\.....................................      57      65      72      79       0       0
    Estimated outlays...........................................      71      65      72      78       8       0
----------------------------------------------------------------------------------------------------------------
\1\ The 2000 level is the amount appropriated for that year.

    Basis of estimate: For this estimate, CBO assumes that the 
amounts authorized by S. 2412 will be appropriated by the 
beginning of each fiscal year. Estimated outlays are based on 
historical spending by the beginning of each fiscal year. 
Estimated outlays are based on historical spending patterns. 
CBO estimates that provisions classifying certain proceeds from 
training services, and the sale of publications as offsetting 
collections would have no significant effect on discretionary 
spending.
    Based on historical use of the NTSB emergency fund, CBO 
estimates that amounts required to replenish the emergency fund 
would be less than $500,000 annually, subject to the 
availability of appropriated funds.
    CBO estimates that the Inspector General of the Department 
of Transportation would spend less than $500,000 a year to 
conduct financial audits of the NTSB and that such costs would 
be funded from the amounts authorized in the bill for the 
board.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: S. 2412 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Previous CBO estimate: On September 24, 1999, CBO 
transmitted a cost estimate for H.R. 2910, the National 
Transportation Safety Board Amendments Act of 1999, as ordered 
reported by the House Committee on Transportation and 
Infrastructure on September 23, 1999. H.R. 2910 and S. 2412 are 
similar, but the Senate bill would authorize funding levels for 
2001 through 2003 while the House bill extends only through 
2002.
    Estimate prepared by: Federal Costs: James O'Keeffe. Impact 
on the State, Local, and Tribal Governments: Victoria Heid 
Hall. Impact on the Private Sector: Jean Wooster.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation:

                       number of persons covered

  The number of persons covered should be consistent with 
current levels.

                            economic impact

  No negative impact on the taxpayer is expected from this 
bill. The bill authorizes appropriations similar to currently 
appropriated levels. The Safety Board is also authorized to 
collect reimbursements for certain costs associated with 
training courses it conducts. These reimbursements would be 
credited to the NTSB as off-setting collections.

                                privacy

  The bill as reported would have no adverse impact on the 
personal privacy of individuals.

                               paperwork

  There should be no change in paperwork requirements.

                      Section-by-Section Analysis


Section 1. Short title

  This section states the short title of the bill, the National 
Transportation Safety Board Amendments of 2000.

Section 2. Definitions

  This section clarifies that the NTSB's existing authority to 
investigate accidents on the navigable waters or territorial 
seas of the United States extends to the twelve-mile limit. 
Jurisdiction to the twelve-mile limit is based on international 
law, notably the 1982 United Nations Convention on the Law of 
the Sea. In 1988, President Reagan extended the territorial sea 
of the United States to twelve miles from the coast. NTSB 
investigatory authority is expressed in terms of accidents on 
the navigable waters or territorial sea of the United States. 
The NTSB enabling law does not define territorial sea, and this 
change would codify the 12-mile limit. In 1998, nearly 
identical twelve-mile jurisdiction authority was affirmed for 
the Coast Guard in its authorization. This section also 
provides a technical change to the NTSB's authority, making it 
consistent with the Coast Guard's jurisdiction. The provision, 
however, does not affect the respective authorities of each of 
the two agencies to carry out investigations.
  The section also clarifies the NTSB's priority over accident 
scenes. With the exception of major marine investigations, 
investigations undertaken by the Safety Board are given 
priority over any investigation by another department, agency, 
or instrumentality of the United States Government (49 U.S.C. 
1131(a)(2)).

Section 3. Authority to enter into agreements

  This section clarifies the Board's existing authority to 
enter into agreements with foreign countries for training and 
technical assistance in safety regulation and aircraft 
certification. The section authorizes the Board to charge 
reasonable fees for the provision of these services and for the 
expenses it incurs in the provision of the training and 
technical assistance. The section requires the Board to 
maintain an annual record of the collections received. The fees 
collected would be credited to the appropriation of the Board 
as offsetting collections under the provision.

Section 4. Overtime pay

  The section gives the Board the authority to establish 
reasonable rates of overtime pay for its employees directly 
involved in accident-related work both on-scene and 
investigative. The section caps a Board employee's overtime at 
15 percent of the employee's annual rate of base pay.

Section 5. Recorders

  The section requires the withholding from public disclosure 
of voice and video recorder information for all modes of 
transportation comparable to the protections already 
statutorily provided for cockpit voice recorders (CVRs). While 
language in the section prohibits the public disclosure of the 
actual voice and video recorder information, it does allow the 
NTSB to refer to the information when making safety 
recommendations.

Section 6. Priority of investigations

  The section creates procedures for NTSB to turn over its 
investigation to the FBI when it appears that the accident was 
caused by an intentional criminal act. The section also 
requires the NTSB and the FBI to revise their 1977 agreement on 
the investigation of accidents to take into account the 
amendments made by the bill.

Section 7. Public aircraft investigation clarification

  The section grants the NTSB the same authority in public 
aircraft accident investigations that it currently has with 
respect tocivil aviation accident investigations to enter 
property where a transportation accident has occurred or wreckage from 
the accident is located and to test components.

Section 8. Memorandum of understanding with the Coast Guard

  The section requires the NTSB and the United States Coast 
Guard to revise their investigation Memorandum of Understanding 
governing major marine accidents, to redefine or clarify the 
standards used to determine when the NTSB will lead a marine 
accident investigation, and to develop new standards to 
determine when a major marine casualty accident involves safety 
issues related to the Coast Guard's safety functions.

Section 9. Travel budgets

  The section authorizes the Chairman to establish annual 
travel budgets to govern Board Member non-accident travel. Last 
year, the NTSB Chairman announced the establishment of such 
budgets and this section ensures that travel budgets will 
continue to be annually prepared. Language in the section also 
requires the Chairman of the Board to submit to the Senate 
Committee on Commerce, Science, and Transportation and to the 
House of Representatives Committee on Transportation and 
Infrastructure an annual report accounting for foreign and 
domestic travel, including personnel or other expenses, 
associated with that travel.

Section 10. Chief Financial Officer

  The section statutorily establishes a position of CFO at the 
Board. The Board currently has a CFO, but the Board is one of 
the few Federal agencies that is not statutorily required to 
maintain this position. The section also requires the CFO to 
report directly to the Chairman of the Board on financial 
management matters and to provide guidance on the 
implementation of asset management systems including property 
and inventory control.

Section 11. Improved audit procedures

  The section requires the NTSB to develop and implement 
comprehensive internal audit controls for its financial 
programs based on the findings and recommendations of a private 
sector audit firm contract entered into by the Board in March 
2000. The bill requires those reforms, at a minimum, to address 
the Board's asset management systems, including systems for 
cash and credit management, debt collection, and property and 
inventory management and control.

Section 12. Authority of the Inspector General

  The section authorizes the DOTIG to review only the business 
and financial management of the NTSB. Currently, the Board has 
no standing Inspector General oversight. The section is crafted 
so that necessary fiscal accountability oversight is provided, 
while prohibiting the DOTIG from becoming involved in NTSB 
investigations and investigation procedures. The DOTIG would be 
reimbursed by the NTSB for its work.

Section 13. Authorization of appropriations

  This section authorizes $57,000,000 for FY 2000, $65,000,000 
for FY 2001, $72,000,000 for FY 2002, and $79,000,000 for FY 
2003. The section also raises the Board's emergency fund to 
$2,000,000. This emergency fund authorization level is 
commensurate with the amount that has been appropriated in 
recent years.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

                         SUBCHAPTER I. GENERAL

[Sec.  1101. Definitions

  [Section 40102(a) of this title applies to this chapter.]

Sec. 1101. Definitions

  Section 2101(17a) of title 46 and section 40102(a) of this 
title apply to this chapter. In this chapter, the term 
``accident'' includes damage to or destruction of vehicles in 
surface or air transportation or pipelines, regardless of 
whether the initiating event is accidental or otherwise.

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

             SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE

Sec. 1111. General organization

  (a) Organization.--The National Transportation Safety Board 
is an independent establishment of the United States 
Government.
  (b) Appointment of Members.--The Board is composed of 5 
members appointed by the President, by and with the advice and 
consent of the Senate. Not more than 3 members may be appointed 
from the same political party. At least 3 members shall be 
appointed on the basis of technical qualification, professional 
standing, and demonstrated knowledge in accident 
reconstruction, safety engineering, human factors, 
transportation safety, or transportation regulation.
  (c) Terms of Office and Removal.--The term of office of each 
member is 5 years. An individual appointed to fill a vacancy 
occurring before the expiration of the term for which the 
predecessor of that individual was appointed, is appointed for 
the remainder of that term. When the term of office of a member 
ends, the member may continue to serve until a successor is 
appointed and qualified. The President may remove a member for 
inefficiency, neglect of duty, or malfeasance in office.
  (d) Chairman and Vice Chairman.--The President shall 
designate, by and with the advice and consent of the Senate, a 
Chairman of the Board. The President also shall designate a 
Vice Chairman of the Board. The terms of office of both the 
Chairman and Vice Chairman are 2 years. When the Chairman is 
absent or unable to serve or when the position of Chairman is 
vacant, the Vice Chairman acts as Chairman.
  (e) Duties and Powers of Chairman.--The Chairman is the chief 
executive and administrative officer of the Board. Subject to 
the general policies and decisions of the Board, the Chairman 
shall--
          (1) appoint, supervise, and fix the pay of officers 
        and employees necessary to carry out this chapter;
          (2) distribute business among the officers, 
        employees, and administrative units of the Board; and
          (3) supervise the expenditures of the Board.
  (f) Quorum.--Three members of the Board are a quorum in 
carrying out duties and powers of the Board.
  (g) Offices, Bureaus, and Divisions.--The Board shall 
establish offices necessary to carry out this chapter, 
including an office to investigate and report on the safe 
transportation of hazardous material. The Board shall establish 
distinct and appropriately staffed bureaus, divisions, or 
offices to investigate and report on accidents involving each 
of the following modes of transportation:
          (1) Aviation.
          (2) Highway and motor vehicle.
          (3) Rail and tracked vehicle.
          (4) Pipeline.
  (h) Chief Financial Officer.--The Chairman shall designate an 
officer or employee of the Board as the Chief Financial 
Officer. The Chief Financial Officer shall--
          (1) report directly to the Chairman on financial 
        management and budget execution;
          (2) direct, manage, and provide policy guidance and 
        oversight on financial management and property and 
        inventory control; and
          (3) review the fees, rents, and other charges imposed 
        by the Board for services and things of value it 
        provides, and suggest appropriate revisions to those 
        charges to reflect costs incurred by the Board in 
        providing those services and things of value.
  [(h)] (i) Seal.--The Board shall have a seal that shall be 
judicially recognized.

Sec. 1113. Administrative

  (a) General Authority.--
          (1) The National Transportation Safety Board, and 
        when authorized by it, a member of the Board, an 
        administrative law judge employed by or assigned to the 
        Board, or an officer or employee designated by the 
        Chairman of the Board, may conduct hearings to carry 
        out this chapter, administer oaths, and require, by 
        subpena or otherwise, necessary witnesses and evidence.
          (2) A witness or evidence in a hearing under 
        paragraph (1) of this subsection may be summoned or 
        required to be produced from any place in the United 
        States to the designated place of the hearing. A 
        witness summoned under this subsection is entitled to 
        the same fee and mileage the witness would have been 
        paid in a court of the United States.
          (3) A subpena shall be issued under the signature of 
        the Chairman or the Chairman's delegate but may be 
        served by any person designated by the Chairman.
          (4) If a person disobeys a subpena, order, or 
        inspection notice of the Board, the Board may bring a 
        civil action in a district court of the United States 
        to enforce the subpena, order, or notice. An action 
        under this paragraph may be brought in the judicial 
        district in which the person against whom the action is 
        brought resides, is found, or does business. The court 
        may punish a failure to obey an order of the court to 
        comply with the subpena, order, or notice as a contempt 
        of court.
  (b) Additional Powers.--
          (1) The Board may--
                  (A) procure the temporary or intermittent 
                services of experts or consultants under 
                section 3109 of title 5;
                  (B) make agreements and other transactions 
                necessary to carry out this chapter without 
                regard to section 3709 of the Revised Statutes 
                (41 U.S.C. 5);
                  (C) use, when appropriate, available 
                services, equipment, personnel, and facilities 
                of a department, agency, or instrumentality of 
                the United States Government on a reimbursable 
                or other basis;
                  (D) confer with employees and use services, 
                records, and facilities of State and local 
                governmental authorities;
                  (E) appoint advisory committees composed of 
                qualified private citizens and officials of the 
                Government and State and local governments as 
                appropriate;
                  (F) accept voluntary and uncompensated 
                services notwithstanding another law;
                  (G) accept gifts of money and other property;
                  (H) make contracts with nonprofit entities to 
                carry out studies related to duties and powers 
                of the Board; and
                  [(I) require that the departments, agencies, 
                and instrumentalities of the Government, State 
                and local governments, and governments of 
                foreign countries provide appropriate 
                consideration for the reasonable costs of goods 
                and services supplied by the Board.]
                  (I) negotiate and enter into agreements with 
                individuals and private entities and 
                departments, agencies, and instrumentalities of 
                the Government, State and local governments, 
                and governments of foreign countries for the 
                provision of facilities, accident-related 
                services or training in accident investigation 
                techniques, and require that such entities 
                provide appropriate consideration for the 
                reasonable costs of any facilities, services, 
                or training provided by the Board.
          (2) The Board shall deposit in the Treasury amounts 
        received under paragraph (1)(I) of this subsection to 
        be creditedas offsetting collections to the 
appropriation of the Board. The Board shall maintain an annual record 
of collections received under paragraph (1)(I) of this subsection.
  (c) Submission of Certain Copies to Congress.--When the Board 
submits to the President or the Director of the Office of 
Management and Budget a budget estimate, budget request, 
supplemental budget estimate, other budget information, a 
legislative recommendation, prepared testimony for 
congressional hearings, or comments on legislation, the Board 
must submit a copy to Congress at the same time. An officer, 
department, agency, or instrumentality of the Government may 
not require the Board to submit the estimate, request, 
information, recommendation, testimony, or comments to another 
officer, department, agency, or instrumentality of the 
Government for approval, comment, or review before being 
submitted to Congress.
  (d) Liaison Committees.--The Chairman may determine the 
number of committees that are appropriate to maintain effective 
liaison with other departments, agencies, and instrumentalities 
of the Government, State and local governmental authorities, 
and independent standard-setting authorities that carry out 
programs and activities related to transportation safety. The 
Board may designate representatives to serve on or assist those 
committees.
  (e) Inquiries.--The Board, or an officer or employee of the 
Board designated by the Chairman, may conduct an inquiry to 
obtain information related to transportation safety after 
publishing notice of the inquiry in the Federal Register. The 
Board or designated officer or employee may require by order a 
department, agency, or instrumentality of the Government, a 
State or local governmental authority, or a person transporting 
individuals or property in commerce to submit to the Board a 
written report and answers to requests and questions related to 
a duty or power of the Board. The Board may prescribe the time 
within which the report and answers must be given to the Board 
or to the designated officer or employee. Copies of the report 
and answers shall be made available for public inspection.
  (f) Regulations.--The Board may prescribe regulations to 
carry out this chapter.
  (g) Overtime Pay.--
          (1) In general.--Subject to the requirements of this 
        section and notwithstanding paragraphs (1) and (2) of 
        section 5542(a) of title 5, for an employee of the 
        Board whose basic pay is at a rate which equals or 
        exceeds the minimum rate of basic pay for GS-10 of the 
        General Schedule, the Board may establish an overtime 
        hourly rate of pay for the employee with respect to 
        work performed at the scene of an accident (including 
        travel to or from the scene) and other work that is 
        critical to an accident investigation in an amount 
        equal to one and one-half times the hourly rate of 
        basic pay of the employee. All of such amount shall be 
        considered to be premium pay.
          (2) Limitation on overtime pay to an employee.--An 
        employee of the Board may not receive overtime pay 
        under paragraph (1), for work performed in a calendar 
        year, in an amount that exceeds 15 percent of the 
        annual rate of basic pay of the employee for such 
        calendar year.
          (3) Basic pay defined.--In this subsection, the term 
        ``basic pay'' includes any applicable locality-based 
        comparability payment under section 5304 of title 5 (or 
        similar provision of law) and any special rate of pay 
        under section 5305 of title 5 (or similar provision of 
        law).
          (4) Annual report.--Not later than January 31, 2001, 
        and annually thereafter, the Board shall transmit to 
        the Senate Committee on Commerce, Science and 
        Transportation and the House Transportation and 
        Infrastructure a report identifying the total amount of 
        overtime payments made under this subsection in the 
        preceding fiscal year.

Sec. 1114. Disclosure, availability, and use of information

  (a) General.--(1) Except as provided in subsections (b), (c), 
[and (e)] (d), and (f) of this section, a copy of a record, 
information, or investigation submitted or received by the 
National Transportation Safety Board, or a member or employee 
of the Board, shall be made available to the public on 
dentifiable request and at reasonable cost. This subsection 
does not require the release of information described by 
section 552(b) of title 5 or protected from disclosure by 
another law of the United States.
    (2) The Board shall deposit in the Treasury amounts 
received under paragraph (1) to be credited to the 
appropriation of the Board as offsetting collections.
  (b) Trade Secrets.--
          (1) The Board may disclose information related to a 
        trade secret referred to in section 1905 of title 18 
        only--
                  (A) to another department, agency, or 
                instrumentality of the United States Government 
                when requested for official use;
                  (B) to a committee of Congress having 
                jurisdiction over the subject matter to which 
                the information is related, when requested by 
                that committee;
                  (C) in a judicial proceeding under a court 
                order that preserves the confidentiality of the 
                information without impairing the proceeding; 
                and
                  (D) to the public to protect health and 
                safety after giving notice to any interested 
                person to whom the information is related and 
                an opportunity for that person to comment in 
                writing, or orally in closed session, on the 
                proposed disclosure, if the delay resulting 
                from notice and opportunity for comment would 
                not be detrimental to health and safety.
          (2) Information disclosed under paragraph (1) of this 
        subsection may be disclosed only in a way designed to 
        preserve its confidentiality.
          (3) Protection of voluntary submission of 
        information. Notwithstanding any other provision of 
        law, neither the Board, nor any agency receiving 
        information from the Board, shall disclose voluntarily 
        provided safety-related information if that information 
        is not related to the exercise of the Board's accident 
        or incident investigation authority under this chapter 
        and if the Board finds that the disclosure of the 
        information would inhibit the voluntary provision of 
        that type of information.
  (c) Cockpit [Voice] Recordings and Transcripts.--
          (1) The Board may not disclose publicly any part of a 
        [cockpit voice recorder] cockpit voice or video 
        recorder recording or transcript of oral communications 
        by and between flight crew members and ground stations 
        related to an accident or incident 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 
        accident or incident--
                  (A) if the Board holds a public hearing on 
                the accident or incident, at the time of the 
                hearing; or
                  (B) if the Board does not hold a public 
                hearing, at the time a majority of the other 
                factual reports on the accident or incident are 
                placed in the public docket.
          (2) This subsection does not prevent the Board from 
        referring at any time to [cockpit voice recorder] 
        cockpit voice or video recorder information in making 
        safety recommendations.
  (d) Surface Vehicle Recordings and Transcripts.--
          (1) Confidentiality of recordings.--The Board may not 
        disclose publicly any part of a surface vehicle voice 
        or video recorder recording or transcript of oral 
        communications by or among drivers, train employees, or 
        other operating employees responsible for the movement 
        and direction of the vehicle or vessel, or between such 
        operating employees and company communication centers, 
        related to an accident investigated by the Board. 
        However, the Board shall make public any part of a 
        transcript or any written depiction of visual 
        information that the Board decides is relevant to the 
        accident--
                  (A) if the Board holds a public hearing on 
                the accident, at the time of the hearing; or
                  (B) if the Board does not hold a public 
                hearing, at the time a majority of the other 
                factual reports on the accident are placed in 
                the public docket.
          (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)] (e) Drug Tests.--
          (1) Notwithstanding section 503(e) of the 
        Supplemental Appropriations Act, 1987 (Public Law 100-
        71, 101 Stat. 471), the Secretary of Transportation 
        shall provide the following information to the Board 
        when requested in writing by the Board:
                  (A) Any report of a confirmed positive 
                toxicological test, verified as positive by a 
                medical review officer, conducted on an officer 
                or employee of the Department of Transportation 
                under post-accident, unsafe practice, or 
                reasonable suspicion toxicological testing 
                requirements of the Department, when the 
                officer or employee is reasonably associated 
                with the circumstances of an accident or 
                incident under the investigative jurisdiction 
                of the Board.
                  (B) Any laboratory record documenting that 
                the test is confirmed positive.
          (2) Except as provided by paragraph (3) of this 
        subsection, the Board shall maintain the 
        confidentiality of, and exempt from disclosure under 
        section 552(b)(3) of title 5--
                  (A) a laboratory record provided the Board 
                under paragraph (1) of this subsection that 
                reveals medical use of a drug allowed under 
                applicable regulations; and
                  (B) medical information provided by the 
                tested officer or employee related to the test 
                or a review of the test.
          (3) The Board may use a laboratory record made 
        available under paragraph (1) of this subsection to 
        develop an evidentiary record in an investigation of an 
        accident or incident if--
                  (A) the fitness of the tested officer or 
                employee is at issue in the investigation; and
                  (B) the use of that record is necessary to 
                develop the evidentiary record.
  [(e)] (f) Foreign Investigations.--
          (1) In general.--Notwithstanding any other provision 
        of law, neither the Board, nor any agency receiving 
        information from the Board, shall disclose records or 
        information relating to its participation in foreign 
        aircraft accident investigations; except that--
                  (A) the Board shall release records 
                pertaining to such an investigation when the 
                country conducting the investigation issues its 
                final report or 2 years following the date of 
                the accident, whichever occurs first; and
                  (B) the Board may disclose records and 
                information when authorized to do so by the 
                country conducting the investigation.
          (2) Safety recommendations.--Nothing in this 
        subsection shall restrict the Board at any time from 
        referring to foreign accident investigation information 
        in making safety recommendations.

Sec. 1115. Training

  (a) Definition.--In this section, ``Institute'' means the 
Transportation Safety Institute of the Department of 
Transportation and any successor organization of the Institute.
  (b) Use of Institute Services.--The National Transportation 
Safety Board may use, on a reimbursable basis, the services of 
the Institute. The Secretary of Transportation shall make the 
Institute available to--
          (1) the Board for safety training of employees of the 
        Board in carrying out their duties and powers; and
          (2) other safety personnel of the United States 
        Government, State and local governments, governments of 
        foreign countries, interstate authorities, and private 
        organizations the Board designates in consultation with 
        the Secretary.
  (c) Fees.--
          (1) Training at the Institute for safety personnel 
        (except employees of the Government) shall be provided 
        at a reasonable fee established periodically by the 
        Board in consultation with the Secretary. The fee shall 
        be paid directly to the Secretary, and the Secretary 
        shall deposit the fee in the Treasury. The amount of 
        the fee--
                  (A) shall be credited to the appropriate 
                appropriation (subject to the requirements of 
                any annual appropriation); and
                  (B) is an offset against any annual 
                reimbursement agreement between the Board and 
                the Secretary to cover all reasonable costs of 
                providing training under this subsection that 
                the Secretary incurs in operating the 
                Institute.
          (2) The Board shall maintain an annual record of 
        offsets under paragraph (1)(B) of this subsection.
  (d) Training of Board Employees and Others.--The Board may 
conduct training of its employees in those subjects necessary 
for the proper performance of accident investigation. The Board 
may also authorize attendance at courses given under this 
subsection by other government personnel, personnel of foreign 
governments, and personnel from industry or otherwise who have 
a requirement for accident investigation training. The Board 
may require non-Board personnel to reimburse some or all of the 
training costs, and amounts so reimbursed shall be credited to 
the appropriation [of the ``National Transportation Safety 
Board, Salaries and Expenses''] of the Board as offsetting 
collections.

[Sec. 1118. Authorization of appropriations

  [(a) In General.--There is authorized to be appropriated for 
the purposes of this chapter $37,580,000 for fiscal year 1994, 
$44,000,000 for fiscal year 1995, $45,100,000 for fiscal year 
1996, $42,400,000 for fiscal year 1997, $44,400,000 for fiscal 
year 1998, and $46,600,000 for fiscal year 1999. Such sums 
shall remain available until expended.
  [(b) Emergency Fund.--The Board has an emergency fund of 
$1,000,000 available for necessary expenses of the Board, not 
otherwise provided for, for accident investigations. The 
following amounts may be appropriated to the fund:
          [(1) $1,000,000 to establish the fund.
          [(2) Amounts equal to amounts expended annually out 
        of the fund.
  [(c) Availability of Amounts.--Amounts appropriated under 
this section remain available until expended.]

Sec. 1118. Authorization of appropriations

  (a) In General.--There are authorized to be appropriated for 
the purposes of this chapter $57,000,000 for fiscal year 2000, 
$65,000,000 for fiscal year 2001, $72,000,000 for fiscal year 
2002, and $79,000,000 for fiscal year 2003, such sums to remain 
available until expended.
  (b) Emergency Fund.--The Board has an emergency fund of 
$2,000,000 available for necessary expenses of the Board, not 
otherwise provided for, for accident investigations. Amounts 
equal to the amounts expended annually out of the fund are 
authorized to be appropriated to the emergency fund.

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

                       SUBCHAPTER III. AUTHORITY

Sec. 1131. General authority

  (a) General.--
          (1) The National Transportation Safety Board shall 
        investigate or have investigated (in detail the Board 
        prescribes) and establish the facts, circumstances, and 
        cause or probable cause of--
                  (A) an aircraft accident the Board has 
                authority to investigate under section 1132 of 
                this title or an aircraft accident involving a 
                public aircraft as defined by section 
                40102(a)(37) of this title other than an 
                aircraft operated by the Armed Forces or by an 
                intelligence agency of the United States;
                  (B) a highway accident, including a railroad 
                grade crossing accident, the Board selects in 
                cooperation with a State;
                  (C) a railroad accident in which there is a 
                fatality or substantial property damage, or 
                that involves a passenger train;
                  (D) a pipeline accident in which there is a 
                fatality, substantial property damage, or 
                significant injury to the environment;
                  (E) a major marine casualty (except a 
                casualty involving only public vessels) 
                occurring on the navigable waters or 
                territorial sea of the United States, or 
                involving a vessel of the United States, under 
                regulations prescribed jointly by the Board and 
                the head of the department in which the Coast 
                Guard is operating; and
                  (F) any other accident related to the 
                transportation of individuals or property when 
                the Board decides--
                          (i) the accident is catastrophic;
                          (ii) the accident involves problems 
                        of a recurring character; or
                          (iii) the investigation of the 
                        accident would carry out this chapter.
          [(2) An investigation] (2)(A) Subject to the 
        requirements of this paragraph, an investigation by the 
        Board under paragraph (1)(A)-(D) or (F) of this 
        subsection has priority over any investigation by 
        another department, agency, or instrumentality of the 
        United States Government. The Board shall provide for 
        appropriate participation by other departments, 
        agencies, or instrumentalities in the investigation. 
        However, those departments, agencies, or 
        instrumentalities may not participate in the decision 
        of the Board about the probable cause of the accident.
    (B) If the Attorney General, in consultation with the 
Chairman of the Board, determines and notifies the Board that 
circumstances reasonably indicate that the accident may have 
been caused by an intentional criminal act, theBoard shall 
relinquish investigative priority to the Federal Bureau of 
Investigation. The relinquishment of investigative priority by the 
Board shall not otherwise affect the authority of the Board to continue 
its investigation under this section.
    (C) If a Federal law enforcement agency suspects and 
notified the Board that an accident being investigated by the 
Board under subparagraph (A), (B), (C), or (D) of paragraph (1) 
may have been caused by an intentional criminal act, the Board, 
in consultation with the law enforcement agency, shall take 
necessary actions to ensure that evidence of the criminal act 
is preserved.
          (3) This section and sections 1113, 1116(b), 1133, 
        and 1134(a) and (c)-(e) of this title do not affect the 
        authority of another department, agency, or 
        instrumentality of the Government to investigate an 
        accident under applicable law or to obtain information 
        directly from the parties involved in, and witnesses 
        to, the accident. The Board and other departments, 
        agencies, and instrumentalities shall ensure that 
        appropriate information developed about the accident is 
        exchanged in a timely manner.
  (b) Accidents Involving Public Vessels.--
          (1) The Board or the head of the department in which 
        the Coast Guard is operating shall investigate and 
        establish the facts, circumstances, and cause or 
        probable cause of a marine accident involving a public 
        vessel and any other vessel. The results of the 
        investigation shall be made available to the public.
          (2) Paragraph (1) of this subsection and subsection 
        (a)(1)(E) of this section do not affect the 
        responsibility, under another law of the United States, 
        of the head of the department in which the Coast Guard 
        is operating.
  (c) Accidents Not Involving Government Misfeasance or 
Nonfeasance.--
          (1) When asked by the Board, the Secretary of 
        Transportation may--
                  (A) investigate an accident described under 
                subsection (a) or (b) of this section in which 
                misfeasance or nonfeasance by the Government 
                has not been alleged; and
                  (B) report the facts and circumstances of the 
                accident to the Board.
          (2) The Board shall use the report in establishing 
        cause or probable cause of an accident described under 
        subsection (a) or (b) of this section.
  (d) Accidents Involving Public Aircraft.--The Board, in 
furtherance of its investigative duties with respect to public 
aircraft accidents under subsection (a)(1)(A) of this section, 
shall have the same duties and powers as are specified for 
civil aircraft accidents under sections 1132(a), 1132(b), and 
[1134(b)(2)] 1134(a), (b), (d), and (f) of this title.
  (e) Accident Reports.--The Board shall report on the facts 
and circumstances of each accident investigated by it under 
subsection (a) or (b) of this section. The Board shall make 
each report available to the public at reasonable cost.

Sec. 1137. Authority of the Inspector General

  (a) In General.--The Inspector General of the Department of 
Transportation, in accordance with the mission of the Inspector 
General to prevent and detect fraud and abuse, shall have 
authority to review only the financial management and business 
operations of the National Transportation Safety Board, 
including internal accounting and administrative control 
systems, to determine compliance with applicable Federal laws, 
rules, and regulations.
  (b) Duties.--In carrying out this section, the Inspector 
General shall--
          (1) keep the Chairman of the Board and Congress fully 
        and currently informed about problems relating to 
        administration of the internal accounting and 
        administrative control systems of the Board;
          (2) issue findings and recommendations for actions to 
        address such problems; and
          (3) report periodically to Congress on any progress 
        made in implementing actions to address such problems.
  (c) Access to Information.--In carrying out this section, the 
Inspector General may exercise authorities granted to the 
Inspector General under subsections (a) and (b) of section 6 of 
the Inspector General Act of 1978 (5 U.S.C. App.).
  (d) Reimbursement.--The Inspector General shall be reimbursed 
by the Board for the costs associated with carrying out 
activities under this section.

                        TITLE 49. TRANSPORTATION

                 SUBTITLE II. OTHER GOVERNMENT AGENCIES

            CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD

                SUBCHAPTER IV. ENFORCEMENT AND PENALTIES

[Sec. 1154. Discovery and use of cockpit voice and other material]

Sec. 1154. Discovery and use of cockpit and surface vehicle recordings 
                    and transcripts

  (a) Transcripts and Recordings.--
          (1) Except as provided by this subsection, a party in 
        a judicial proceeding may not use discovery to obtain--
                  (A) any part of a [cockpit voice recorder] 
                cockpit or surface vehicle recorder transcript 
                that the National Transportation Safety Board 
                has not made available to the public under 
                section [1114(c)] section 1114(c) or 1114(d) of 
                this title; and
                  (B) a [cockpit voice recorder] cockpit or 
                surface vehicle recorder recording.
          (2)(A) Except as provided in paragraph (4)(A) of this 
        subsection, a court may allow discovery by a party of a 
        [cockpit voice recorder] cockpit or surface vehicle 
        recorder transcript if, after an in camera review of 
        the transcript, the court decides that--
                  (i) the part of the transcript made available 
                to the public under section 1114(c) of this 
                title does not provide the party with 
                sufficient information for the party to receive 
                a fair trial; and
                  (ii) discovery of additional parts of the 
                transcript is necessary to provide the party 
                with sufficient information for the party to 
                receive a fair trial.
          (B) A court may allow discovery, or require 
        production for an in camera review, of a [cockpit voice 
        recorder] cockpit or surface vehicle recorder 
        transcript that the Board has not made available under 
        [section 1114(c)] section 1114(c) or 1114(d) of this 
        title only if the [cockpit voice recorder] cockpit or 
        surface vehicle recorder recording is not available.
          (3) Except as provided in paragraph (4)(A) of this 
        subsection, a court may allow discovery by a party of a 
        [cockpit voice recorder] cockpit or surface vehicle 
        recorder recording if, after an in camera review of the 
        recording, the court decides that--
                  (A) the parts of the transcript made 
                available to the public under section [1114(c)] 
                section 1114(c) or 1114(d) of this title and to 
                the party through discovery under paragraph (2) 
                of this subsection do not provide the party 
                with sufficient information for the party to 
                receive a fair trial; and
                  (B) discovery of the [cockpit voice recorder] 
                cockpit or surface vehicle recorder recording 
                is necessary to provide the party with 
                sufficient information for the party to receive 
                a fair trial.
          (4)(A) When a court allows discovery in a judicial 
        proceeding of a part of a [cockpit voice recorder] 
        cockpit or surface vehicle recorder transcript not made 
        available to the public under section [1114(c)] 1114(c) 
        or 1114(d) of this title or a [cockpit voice recorder] 
        cockpit or surface vehicle recorder recording, the 
        court shall issue a protective order--
                          (i) to limit the use of the part of 
                        the transcript or the recording to the 
                        judicial proceeding; and
                          (ii) to prohibit dissemination of the 
                        part of the transcript or the recording 
                        to any person that does not need access 
                        to the part of the transcript or the 
                        recording for the proceeding.
          (B) A court may allow a part of a [cockpit voice 
        recorder] cockpit or surface vehicle recorder 
        transcript not made available to the public under 
        section [1114(c)] 1114(c) or 1114(d) of this title or a 
        [cockpit voice recorder] cockpit or surface vehicle 
        recorder recording to be admitted into evidence in a 
        judicial proceeding, only if the court places the part 
        of the transcript or the recording under seal to 
        prevent the use of the part of the transcript or the 
        recording for purposes other than for the proceeding.
          (5) This subsection does not prevent the Board from 
        referring at any time to [cockpit voice recorder] 
        cockpit or surface vehicle recorder information in 
        making safety recommendations.
          (6) In this subsection:
                  (A) Recorder.--The term ``recorder'' means a 
                voice or video recorder.
                  (B) Transcript.--The term ``transcript'' 
                includes any written depiction of visual 
                information obtained from a video recorder.
  (b) Reports.--No part of a report of the Board, related to an 
accident or an investigation of an accident, may be admitted 
into evidence or used in a civil action for damages resulting 
from a matter mentioned in the report.

                                
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