[House Report 111-613]
[From the U.S. Government Publishing Office]
111th Congress Report
2d Session HOUSE OF REPRESENTATIVES 111-613
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NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2010
_______
September 22, 2010.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Oberstar, from the Committee on Transportation and Infrastructure,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 4714]
[Including cost estimate of the Congressional Budget Office]
The Committee on Transportation and Infrastructure, to whom
was referred 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, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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. Recordings, transcripts, and investigations.
Sec. 7. Training.
Sec. 8. Reports and studies.
Sec. 9. Authorization of appropriations.
Sec. 10. Accident investigation authority.
Sec. 11. Maritime 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. Coast Guard notification.
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.''.
SEC. 6. RECORDINGS, TRANSCRIPTS, AND INVESTIGATIONS.
(a) 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 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.''.
(b) 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 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
investigation is necessary to prevent additional accidents, 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 being investigated or to make or
deny any insurance claim in connection with such accident.
``(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) 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.''.
(c) 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) Interim Safety Recommendations and Measures.--Section 1116 is
amended by adding at the end the following:
``(c) Interim Safety Recommendations and Measures.--Nothing in this
section shall restrict the Board from--
``(1) making urgent safety recommendations, identified
through an ongoing safety investigation or study, to any
regulatory department, agency, or instrumentality of the
Federal Government or a State or local governmental authority
or a person concerned with transportation safety; or
``(2) recommending interim measures to mitigate risks to
transportation safety pending implementation of more
comprehensive responses by the appropriate department, agency,
instrumentality, authority, or person.''.
(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) $117,368,000 for fiscal year 2011;
``(2) $120,258,000 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. MARITIME CASUALTY INVESTIGATIONS.
(a) In General.--Chapter 11 is amended by inserting after section
1132 the following:
``1132a. Maritime 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) Notification and Reporting.--The Board and the Secretary shall
jointly prescribe regulations governing the notification and reporting
of marine casualties to the Board.
``(c) 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. Maritime casualty investigations.''.
SEC. 12. INSPECTIONS AND AUTOPSIES.
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''.
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. COAST GUARD NOTIFICATION.
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 issue
regulations to provide the Board prompt notification through the Coast
Guard of all marine casualties of potential investigative interest 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;''.
Purpose of Legislation
H.R. 4714, as amended, the ``National Transportation Safety
Board Reauthorization Act of 2010'', reauthorizes the National
Transportation Safety Board (NTSB or Safety Board) for fiscal
years (FY) 2011 through 2014 and makes a number of statutory
changes to explicitly define the Safety Board's authority.
Background and Need for Legislation
The NTSB was created in 1967 as an independent agency
supported financially and administratively by the U.S.
Department of Transportation (DOT). It was subsequently
established as a completely independent agency in 1975, when it
was removed from DOT and all administrative ties between the
two agencies were severed. The NTSB is currently charged with
investigating all civil aviation accidents\1\ and certain
railroad, highway, marine, and pipeline accidents, as provided
by law.\2\ The NTSB determines the cause or probable cause of
each accident it investigates, conducts safety studies, and
evaluates the effectiveness of other government agencies'
regulations and programs for preventing transportation
accidents.
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\1\Under existing law, 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.
49 U.S.C. Sec. 1101 (2008).
\2\Under existing law, the Safety Board must investigate a highway
accident that it selects in cooperation with a State, including a
railroad grade crossing accident; a railroad accident in which there is
a fatality or substantial property damage, or that involves a passenger
train; a pipeline accident in which there is a fatality, substantial
property damage, or significant injury to the environment; a major
marine casualty under regulations prescribed jointly by the Safety
Board and the Coast Guard; and any other accident related to the
transportation of individuals or property when the Safety Board decides
the accident is catastrophic or involves problems of recurring
character. 49 U.S.C. Sec. 1131(a) (2008).
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Most importantly, the NTSB makes safety recommendations,
based on its investigations, to Federal, State, and local
government agencies and the transportation industry regarding
measures necessary to prevent accidents. Since 1967, the Safety
Board has investigated more than 132,000 aviation accidents\3\
and more than 10,000 accidents in other transportation modes.
The Safety Board also serves as the administrative court of
appeal for airmen, mechanics, and mariners to appeal
certificate action taken against them by the Federal Aviation
Administration (FAA) or the U.S. Coast Guard.\4\
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\3\NTSB, FY 2011 Budget Request, Mission and Organization Overview
(Sept. 14, 2009), at 10.
\4\``Certificate action'' in this context includes amendment,
suspension, or revocation of a license issued by the FAA or Coast
Guard, for reasons of public safety.
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The NTSB has no authority to issue substantive regulations
covering the transportation industry. However, the NTSB issues
safety recommendations to government agencies, transportation
operators, and other stakeholders. Therefore, its effectiveness
depends on producing timely accident reports and regulators'
and stakeholders' adoption of its safety recommendations.
According to the NTSB, since its inception in 1967, it has
issued more than 13,000 safety recommendations in all modes of
transportation.\5\ In general, the NTSB has been successful in
achieving adoption of most of its recommendations. More than 82
percent of all recommendations made by the NTSB in all modes of
transportation have eventually been adopted by the regulatory
and transportation communities. In effect, the NTSB's work
improves transportation safety in the United States, and around
the world.
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\5\Supra note 3. The NTSB reports that 38 percent of these
recommendations have pertained to aviation safety.
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According to the Government Accountability Office (GAO), a
``safe, efficient and convenient transportation system is
integral to the health of our economy and quality of life.''\6\
Our nation's highways, transit and rail systems, pipelines,
airlines, airports, harbors, and waterways not only provide the
backbone of our economy by moving people and goods, but they
also employ millions of workers and generate a significant
share of total economic output. In 2008, transportation-related
goods and services contributed $1.38 trillion, or 9.5 percent,
to the total U.S. gross domestic product (GDP) of $14.44
trillion. Civil aviation alone is responsible for 12 million
jobs, $1.3 trillion in total economic activity and 5.6 percent
of the GDP.\7\
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\6\GAO, Challenges Facing the Department of Transportation and
Congress (March 2009).
\7\Federal Aviation Administration, The Economic Impact of Civil
Aviation on the U.S. Economy (December 2009).
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On the other hand, the societal and economic toll of
transportation accidents is staggering. Over the past five
years, on average, 41,515 people have died and more than 2.5
million people are seriously injured annually on the nation's
roadways. Motor vehicle crashes are the leading cause of death
for people of every age from three to 34. Every hour, 150
children (under the age of 19) are treated in emergency rooms
for crash-related injuries. Each year, the economic cost of
motor vehicle crashes to the U.S. economy is $289 billion.\8\
In addition, crashes involving large trucks and buses remain a
significant safety concern. Crashes involving large trucks have
resulted in 4,887 fatalities and 105,000 injured persons each
year, on average, over the past five years. The average cost of
a fatal crash involving a large truck is more than $3.6
million.\9\ In addition, according to the Federal Railroad
Administration, there were 10,604 rail accidents/incidents (665
fatalities) in 2009. According to GAO, about 1,200 people are
killed each year in commercial and general aviation
accidents.\10\
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\8\See Ted Miller and Eduard Zaloshnja, On a Crash Course: The
Dangers and Health Costs of Deficient Roadways, Pacific Institute for
Research and Evaluation (May 2009).
\9\See Ted Miller and Eduard Zaloshnja, Unit Costs of Medium and
Heavy Truck Crashes, Pacific Institute for Research and Evaluation
(March 2007).
\10\See GAO, GAO Strategic Plan 2007-2012 (2007)(``GAO Strategic
Plan''). In the aviation sector, it has long been recognized that
safety is key to a robust aviation system. As the World Bank has noted,
the ``traveling public's demand for high safety and the events of
September 11 have put the significant pressure on regulatory agencies
to establish and maintain acceptable global standards for aviation
safety and security. Countries which do not comply with these standards
will become isolated from the international air transport network. This
would have serious negative implications for development.'' The World
Bank http://web.worldbank.org/WBSITE/EXTERNAL/TOPICS/EXTTRANSPORT/
EXTAIRTRANSPORT (site accessed April 22, 2010).
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In its Strategic Plan, GAO observed that:
[t]o support the U.S. economy and allow it to grow
and prosper, the nation relies on the safe movement of
people and goods. For example, on a typical day in the
United States in 2002 (latest data available), about 53
million tons of goods valued at about $36 billion moved
nearly 12 billion ton miles on the nations multimodal
transportation network. This freight movement is
expected to increase by 70 percent by 2020, while the
national airspace system is projected to grow threefold
by 2025. This growth will likely result in larger
numbers of deaths and injuries unless transportation
safety can be markedly improved. The National
Transportation Safety Board's use of available
technology to investigate the causes of accidents . . .
is one means of obtaining information that can be used
to help prevent future transportation-related
accidents.\11\
---------------------------------------------------------------------------
\11\See GAO Strategic Plan at 77.
The NTSB's accident investigative work and its safety
recommendations are a significant component of maintaining and
improving the safety of the nation's transportation system, and
the economy and public welfare as a whole. The NTSB's
authorization expired on September 30, 2008.
Summary of the Legislation
Section 1. Short title; table of contents
Section 1 provides that the short title of the Act is the
``National Transportation Safety Board Reauthorization Act of
2010'' and sets out the table of contents for the bill.
Sec. 2. Amendments to Title 49, United States Code
This section provides that, except where otherwise
expressly provided, any references to sections are made to
title 49, United States Code (U.S.C.).
Sec. 3. Definitions
This section changes the definition of the term
``accident'' to include an incident (i.e., an event that does
not involve loss of life or substantial damage but that affects
transportation safety). Because the NTSB is tasked with
``accident investigations'', defining the term ``accident'' to
include an ``incident'' effectively authorizes the NTSB to
investigate transportation incidents in addition to accidents.
The definition applies to the modes of aviation, rail,
pipelines, and highways.
The Committee believes that the NTSB currently has
authority to investigate all incidents that affect
transportation safety. Although the existing statute does not
make specific reference to incidents in the context of the
NTSB's investigation authority,\12\ the term ``incident'' is
used several times in title 49.\13\ Accordingly, the Committee
believes that it has always been Congress' intent to authorize
the NTSB to investigate incidents. In addition, many of the
NTSB's existing regulations pertain to incident
investigations.\14\ Furthermore, the United States is a
signatory to the Convention on International Civil Aviation
(the ``Chicago Convention''), which established the
International Civil Aviation Organization (ICAO) and requires
member nations to investigate ``serious aviation incidents''.
Since 1982, NTSB has investigated 2,752 aviation incidents,
such as runway incursions, smoke events, and engine power loss.
---------------------------------------------------------------------------
\12\See 49 U.S.C. Sec. Sec. 1101, 1131(a) (2008).
\13\See, e.g., 49 U.S.C. Sec. Sec. 1114(b)(3), 1114(c), 1114(e)(1),
1114(e)(3), 1116(b) (2008) (all referencing incidents).
\14\See, e.g., 49 C.F.R. Sec. Sec. 831.2(a)(1), 831.2(c), 831.4
(2009) (all referring to incident investigations).
---------------------------------------------------------------------------
In the past, the NTSB's authority to investigate incidents
has been questioned in some instances. The change in this
subsection will provide the NTSB with the explicit authority to
investigate incidents when, in the Safety Board's discretion,
investigation of such events would improve transportation
safety. The Committee expects that, based on this change, the
NTSB will have greater latitude to use its professional
judgment to determine which investigations will have the
greatest impact on transportation safety.
Sec. 4. General organization
This section makes a technical correction to address an
ambiguity in statute and provides that the Vice Chairman is
authorized to act as the Chairman when the Chairman is not
available either in person or by telephone or other electronic
communications. This technical correction brings the NTSB
statute in line with current practices in light of modern
telecommunications.
Sec. 5. Administrative
Subsection (a) clarifies that the Safety Board's statutory
power to subpoena evidence and witnesses applies to all
accident investigations, not just those investigations that
involve public hearings. The amendment does not enlarge the
scope of the NTSB's subpoena power, nor does it change the
process for challenging an NTSB subpoena in a Federal district
court. The NTSB's power to subpoena evidence and witnesses is a
crucial tool for obtaining necessary information in any NTSB
investigation. The NTSB has, by statute, traditionally
possessed this power. Due to an ambiguity in the current
statutory language, the NTSB's subpoena authority has been
interpreted by those seeking to resist the Safety Board's
authority to apply only in the context of a public hearing.
This subsection resolves the ambiguity in current statutory
language.
Subsection (b) gives the Safety Board the authority to
enter into cooperative agreements with nonprofit entities, for
services such as course production, instruction, and software
development, without the need for formal contracts. This
subsection provides that the NTSB can enter into leases for
special-use space for accident investigations or for general-
use space, at an average annual rental cost of not more than
$300,000 for an individual property. Congress gave the NTSB
leasing authority when the Safety Board was created in 1975,
but this authority was inadvertently removed from the statute
during re-codification in 1994. In 2009, the Comptroller
General issued a decision that the NTSB has independent
authority to lease real property, based on the NTSB's previous
statutory authority, because recodification was intended to
restate the law ``without substantive change''. This section
explicitly states that the NTSB has leasing authority, but
limits this authority.
This subsection also provides the NTSB with authority to
transfer or receive supplies, personnel, or services with or
without compensation.
Subsection (c) requires the NTSB to develop criteria for
determining whether to hold a public hearing on a particular
investigation or safety study. The subsection directs the NTSB
to consider several factors when developing criteria for when
to hold a public hearing such as whether the subject of an
investigation or safety study involves: a significant loss of
life, considerable property damage, a national safety issue, an
opportunity to gain new information, an opportunity to educate
the public on a safety issue, and an opportunity to instill
public confidence in the Safety Board's investigative
transparency. Furthermore, the Safety Board must weigh the
possible adverse effects on safety of a delay in the conclusion
of an investigation against the benefits of a public hearing.
The NTSB is also required to report, annually, and to provide
an explanation of any instance in which the Safety Board did
not hold a public hearing for an investigation of an accident
that caused significant loss of life or property damage or that
may have involved a national safety issue.
Sec. 6. Recordings, transcripts, and investigations
Subsection (a) specifies that vessel recordings and
transcripts related to an accident investigation may not be
publicly released unless the NTSB holds a public hearing on the
accident or publicly releases a majority of other factual
reports regarding the accident, and then only in transcript or
written form.
Subsection (b) prohibits representatives of parties to NTSB
investigations from violating the ``cone of silence'' during
ongoing investigations, with violations punishable by a civil
penalty. To assist investigations of accidents, NTSB uses a
party system whereby other government agencies, corporations,
unions, and others make available technically qualified
individuals to provide expert resources and pertinent knowledge
of specific products or processes. Representatives of parties
to NTSB investigations sign a party pledge and agree not to
disclose information outside the ``cone of silence'' during
ongoing investigations.
During an investigation, NTSB investigators may identify
information that a party to an NTSB investigation must use to:
(1) prevent additional accidents, (2) address a perceived
safety deficiency, or (3) assist Safety Board investigators.
Under subsection (b), the investigator-in-charge can authorize
that party's representative to privately share the information
with the employees of the party who can use it to prevent
future accidents.
However, subsection (b) also restricts the way in which the
party can use the information received. First, the party may
not disclose the information publicly. Second, the party is
prohibited from using the information, before it otherwise
becomes public, to prepare a defense to tort claims brought on
behalf of passengers who were injured or killed in the accident
under investigation. Nothing in the provision, however,
prevents the party from seeking legal advice in non-tort
matters on the basis of information authorized by the
investigator-in-charge to be disclosed. For example, the party
might seek legal advice on how the information affects
contractual or indemnity claims against third parties or
suppliers. The provision ensures equal access to information
between the party and prospective tort claimants; it prevents
the party from gaining an unfair advantage in anticipated tort
litigation by using the information to prepare a defense during
the brief time period that the information is not publicly
available or otherwise available to potential plaintiffs.
Violation of this provision is punishable by a civil penalty.
Subsection (c) requires GAO to study any bias that may
result from the NTSB's use of the party process for
investigations.
To ensure compliance with International Traffic in Arms
Regulations (ITAR) and export regulations, industry is required
to identify all material that is subject to these regulations
when it is provided to the NTSB as part of an accident
investigation. Given that the burden of regulatory compliance
and risk of fines is placed on industry, it is essential that
the NTSB create internal procedures for its proper handling of
material received from industry and identified as ITAR or
export controlled. This becomes especially important as the
NTSB continues to implement the Safety Board's effort to
further come into compliance with a number of legislative and
executive mandates aimed at improving the U.S. Government's use
of electronic media to foster a more open and transparent
government.
Sec. 7. Training
This section authorizes the NTSB to offer safety classes on
topics more broadly defined than accident investigation theory
(e.g., courses to advance understanding of changes sought in
NTSB safety recommendations) and to charge fees for the
classes.
Sec. 8. Reports and studies
Subsection (a) makes technical changes to the statute.
Subsection (b) clarifies that the NTSB may issue urgent
recommendations when, in the course of its investigation, the
Safety Board finds a safety issue that can be, and should be,
addressed immediately. In addition, this section clarifies that
the NTSB may also recommend interim measures when the ultimate
desired recommendation is for action that is so costly, time-
consuming, or, for some reason, impossible to accomplish in the
short term (e.g., requires statutory changes) that another less
effective measure is judged to be appropriate and helpful until
the ultimate, more effective recommendation can be implemented.
The Committee believes that the NTSB already has the
authority to issue urgent and interim recommendations and the
Safety Board has, in fact, exercised its authority several
times in the past. Historically, when a final accident report
is issued, any urgent recommendations issued during the
investigation are incorporated in the final accident report,
usually in a separate section of the report. Similarly, interim
recommendations are also generally reflected in the final
accident report.
Subsection (c) strikes the requirement for an annual audit
of the NTSB.
Sec. 9. Authorization of appropriations
Subsection (a) authorizes appropriations for the NTSB at
the following levels: $117.368 million in FY 2011, $120.258
million in FY 2012, $122.187 million in FY 2013, and $124.158
million in FY 2014. These are the authorization levels
requested by the NTSB to enable it to meet its critical mission
of investigating transportation accidents and incidents. The
NTSB conducts extensive internal reviews to arrive at its
staffing level requests. In 2006, the agency established a
Chief Human Capital Officer position to strategically align the
agency's workforce to its mission through effective management
of human capital policies and programs. Since that time, the
agency has conducted human capital forecasting. The agency
derives the human capital forecast through an internal review
of current on board staffing numbers, attrition rates, and an
assessment of the transportation industry to determine agency
needs. According to the NTSB, its optimal staffing level has
been approximately 477 full time equivalent (FTE) positions for
the past 10 years.
The table below shows the FY 2010 appropriation level, the
President's budget request for FY 2011, and the authorization
levels in this subsection. The bill authorizes the funding
levels requested by the NTSB. The NTSB's requested
authorization levels for FY 2011 through FY 2014 are based on
increasing the number of NTSB staff to 477 FTE positions, and
sustaining that staffing level through FY 2014.\15\
---------------------------------------------------------------------------
\15\For FY 2009 and FY 2010, NTSB previously requested
authorization levels to support 475 positions. The FY 2011-2014 request
includes additional funding to support the same number of FTEs, plus
two additional FTE positions to support Title V--Rail Passenger
Disaster Family Assistance of the Rail Safety Improvement Act of 2008
(P.L. 110-432).
AUTHORIZATION LEVELS
[In millions]
----------------------------------------------------------------------------------------------------------------
FY 2011
FY 2010 President's FY 2011 FY 2012 FY 2013 FY 2014
Enacted16 Budget Auth. Auth. Auth. Auth.
----------------------------------------------------------------------------------------------------------------
Funding........................... $98.05 17$100.4 $117.368 $120.258 $122.187 18$124.158
FTEs.............................. 411 402 477 477 477 477
----------------------------------------------------------------------------------------------------------------
*The FY 2010 enacted level is the appropriated level, not the authorized funding level.
Increased funding would: provide for optimal staffing
levels, as determined by the NTSB's 2009 human capital
forecast; enable the NTSB to undertake more investigations; and
permit the NTSB to accomplish more detailed examinations of
transportation safety issues.
---------------------------------------------------------------------------
\16\Consolidated Appropriations Act, 2010, P.L. 111-117 (2009).
\17\The President's budget request includes $3 million for a
pending headquarters lease.
\18\In preparing its authorization request, the NTSB assumes salary
increases of two percent and a non-pay inflation rate of 0.5 percent
each year. In FY 2011, $500,000 is added to the base for lab updates.
---------------------------------------------------------------------------
Historically, the Committee on Transportation and
Infrastructure has provided NTSB with its authorization level
requests. For instance, in the 107th and 108th Congresses, the
NTSB requested authorization levels sufficient to finance 479
FTEs. The Committee on Transportation and Infrastructure
reported and the House passed an NTSB reauthorization bill that
provided the necessary funding to finance 479 FTEs. See H.R.
4466 (107th Congress) and H.R. 1527 (108th Congress). In the
109th Congress, the NTSB requested authorization levels
sufficient to finance 475 FTEs. Again, the Committee on
Transportation and Infrastructure reported a bill honoring the
NTSB's request. See H.R. 5076 (109th Congress).
The NTSB reports that staffing shortages have caused it to
forgo accident investigations and have contributed to internal
delays. Because of the nature of the NTSB's work, its new hires
tend to be highly educated and experienced. In aviation, the
NTSB reports that staffing shortages in specialized
investigative disciplines (e.g., meteorology or air traffic
control) contribute to internal delays in providing critical
investigative services. In the surface modes, current staffing
limitations have hindered the Safety Board from conducting
multiple investigations.
In rail, the NTSB's 2008 Report to Congress listed
approximately 950 railroad accidents involving freight trains
that the Safety Board did not investigate due to resource
limitations. In 2009, the NTSB's rail investigators launched to
10 rail accidents, including six transit-related accidents. The
NTSB only has 11 rail investigators. In addition, there are
almost six million highway accidents per year, but the NTSB can
only thoroughly investigate about four or five of these
accidents per year.
Further, all modes of transportation are experiencing
technological growth, and NTSB staff must be prepared for those
changes. Technological advances in the aviation industry, such
as glass cockpits, satellite navigation systems, and the use of
composite materials, increase the complexity of accident
investigations. This is also true in the railroad industry
where technology has changed, including the use of
sophisticated electronic alerting devices, digitized electronic
event recorders, and computer-aided dispatching.
To meet the challenges presented by a dynamic industry like
transportation, the NTSB needs the human resources to be able
to effectively investigate new transportation technologies and
to meet the expanding demands on its staff.
Many of the technologies that the NTSB uses today offer
breakthrough capabilities, but they are time-intensive. For
example, the proliferation of recorded data in, and around,
transportation vehicles and infrastructure in all modes has the
potential to reveal critical information to accident
investigators. However, downloading and decoding these data
sources, and in some cases, rebuilding circuit boards or
extracting data from damaged chips, take many hours and a well-
trained staff.
Rail and pipeline accident investigations have increased in
complexity because of advances in transportation system
technologies. These complexities include computerized
electronic train control systems that provide safety redundancy
to prevent train collisions and computerized pipeline operating
systems that allow a controller to move more than 100 million
gallons of gasoline a day through a pipeline. In the past, rail
or pipeline investigations required analysis of the mechanical
and human components of the operations, today's accidents
require investigation of the electronic components as well, a
task that calls for a different type of expertise. On the
nation's highways, the increased use of manufactured materials
in automobiles, such as composites and high-strength metals and
alloys, requires new and sophisticated examination procedures.
In addition to the demands of new technologies, the need
for NTSB's investigative services continues to grow as well.
For example, the number of commercial aircraft is forecast to
increase from 15,000 currently to 25,000 by the year 2015. The
FAA expects traffic growth of about four to five percent each
year for the next decade, which likely will lead to a greater
volume of accidents. Even if the worldwide accident rate
remains constant, current trends indicate that by 2015, a major
aviation accident will occur somewhere in the world each week.
Under ICAO's Annex 13 (Accident Investigation) and Annex 8
(Airworthiness), the NTSB participates in accident
investigations worldwide in which the United States is an
aircraft's State of Registry, State of Operator, State of
Manufacturer, or State of Design. Because of its role
representing U.S. aviation interests in foreign accidents
involving a U.S.-operated or U.S.-manufactured aircraft, and
the expected increase in aviation accidents, the NTSB
anticipates the need to increase the resources allocated to
those investigations. Finally, because of its worldwide
reputation for excellence, the NTSB is frequently asked to
assist other nations in investigating aviation accidents that
occur within their borders. It is of international importance
that the NTSB has sufficient resources to continue these
services of goodwill.
Similarly, maritime commerce has become increasingly
international in nature, and international standards play a
larger role in investigations. The NTSB is likely to be drawn
into more investigations worldwide. Furthermore, expanded
offshore activities, the growth of short sea shipping, and even
the beginning of Arctic shipping will increase the need for
additional investigative staff. Currently, the NTSB has the
capacity to handle just one-quarter of all major maritime
casualties.
In recent years, the NTSB has done ``more with less,''
stretching its technical expertise to meet the needs of an
increasingly complex transportation system. The NTSB must be
well-staffed to meet these challenges with the same high
standards that it currently achieves.
With increased funding provided by H.R. 4714, the NTSB will
be able to hire 66 additional personnel for the following
safety critical positions:
Aviation Safety................................................... 27
Aviation Safety Investigators................................. 11
Air Traffic Control Investigators............................. 2
Aviation Safety Investigators In Charge....................... 2
Investigator Support Technician............................... 1
Operational Factors Investigator.............................. 2
Power plants Investigator..................................... 1
Maintenance Records Investigator.............................. 1
Helicopters Investigator...................................... 1
Human Performance Investigator................................ 2
Meteorology Investigator...................................... 1
Cabin Safety Investigator..................................... 1
Report Writer................................................. 1
Editor........................................................ 1
Highway Safety.................................................... 5
Highway Safety Investigator................................... 1
Vehicle Factors Investigator.................................. 1
Human Performance Investigator................................ 1
Motor Carrier Operations Investigator......................... 1
Survival Factors Investigator................................. 1
Marine Safety..................................................... 7
Associate Director for Quality Management..................... 1
Human Performance Investigator................................ 1
Marine Accident Investigator, Nautical Operations............. 2
Marine Accident Investigator, Marine Engineering.............. 1
Marine Accident Investigator, Naval Architect................. 1
Writer Editor................................................. 1
Rail, Pipeline, and Hazardous Materials Investigations............ 8
Rail Investigator, Track Specialist........................... 1
Signals/Positive Train Control Engineer....................... 1
Transit Operations Rail Specialist............................ 2
Mechanical Group Specialist................................... 2
Pipeline Accident Investigator/Petroleum Engineer............. 2
Research and Engineering.......................................... 17
Surface Recorder Specialist................................... 1
Computational Tools Development Specialist.................... 1
Performance Engineer.......................................... 2
Electronic Recording Device Engineer.......................... 1
Structural Mechanics Engineer................................. 1
Video Image Photogrammetry Specialist......................... 1
Electronic Aviation Data Management System Manager............ 1
Flight Data Recorder Readout Specialist....................... 2
Cockpit Voice Recorder Readout Specialist..................... 1
Data and Text Mining Analyst Programmer....................... 1
Materials Engineer............................................ 1
Transportation Safety Analyst................................. 1
Materials Lab Technician...................................... 1
Materials Characterization Specialist......................... 1
Systems Modeler............................................... 1
Transportation Disaster Assistance................................ 2
TDA Specialist................................................ 2
______
Total Staff............................................... 66
Accordingly, the Committee believes that it is imperative
to work toward the necessary staffing level of 477 FTEs to
ensure that the NTSB has the investigative staff necessary to
carry out its critical mission.
Subsection (b) allows the NTSB to accept fees in advance
for its courses and rental spaces.
Sec. 10. Accident investigation authority
Subsection (a)(1) changes NTSB's main investigative goal to
determine the multiple ``causes or probable causes'' of an
accident rather than the singular ``cause or probable cause''.
ICAO and other foreign accident-investigation agencies, as a
matter of common practice, are not limited to identifying a
single cause or probable cause when investigating an accident.
In addition, the NTSB's regulations state that it will find the
``probable causes'' of U.S. civil transportation accidents in
its accident reports.\19\ The Committee believes that multiple
factors often combine to cause an accident; therefore,
exploring more than one cause provides a valuable opportunity
to mitigate future accidents.
---------------------------------------------------------------------------
\19\49 C.F.R. Sec. 801.32 (2009).
---------------------------------------------------------------------------
Subsection (a)(2) makes a change to existing law regarding
the NTSB's responsibility to investigate railroad accidents.
The NTSB's reauthorization proposal requested a change to the
requirement that the Safety Board investigate every accident
involving a railroad fatality; the Safety Board believes it is
incapable of fulfilling this mandate because of its current
appropriations level and the limit that level imposes on
manpower distributions within the Safety Board. The Committee
did not make the requested change and believes that the
increase in authorization levels should help the Safety Board
attain the manpower required to conduct rail accident
investigations. The Committee did, however, provide some relief
to the Safety Board by eliminating the requirement that the
Safety Board investigate railroad trespasser accidents.
Railroad trespasser accidents are the most common type of fatal
rail accident, yet can only be successfully prevented by
effective education and enforcement at the State and local
level.
The Committee believes, however, that the Safety Board
should better define through internal policy, guidance, or
regulation the criteria for rail and pipeline accidents
involving substantial property damage and pipeline accidents in
which there is significant injury to the environment. Adopting
such policy, guidance, or regulation would clarify those rail
and pipeline accidents that the Safety Board will investigate.
Subsection (a)(5) permits the NTSB, upon coordination with
the U.S. State Department, to accept the delegation of
responsibility for an investigation from a foreign state under
an international convention, such as ICAO's Chicago Convention,
and to expend appropriated funds to do so.
Subsection (b) makes a minor technical change to existing
law by stating that other government entities with the
authority to investigate an accident shall ensure that
appropriate information ``relevant to'' the accident is
exchanged in a timely manner.
Subsection (c) states that an agency representative to whom
the NTSB has delegated investigative authority has the same
authority as the NTSB to enter the property where an accident
occurred and to inspect records related to an accident. This
provision addresses a recent ICAO audit of the United States,
which found that the United States had failed to expressly
grant all on-scene accident investigators, acting with Safety
Board authority, clear authority to access accident sites.
Subsection (d) requires the NTSB to seek to enter into a
memorandum of understanding (MOU) with the Secretary of
Transportation and the head of each modal administration of the
DOT regarding the Safety Board's role in the conduct of
incident investigations. Each MOU will outline the conditions
under which the NTSB will conduct an incident investigation as
well as the roles and responsibilities of the parties to the
MOU when the Safety Board is conducting an incident
investigation. Nothing in this section negates the authority of
the Safety Board to investigate an incident. The MOU shall be
updated or renewed not less than once every five years, unless
the parties to the MOU decide that updating is unnecessary.
Sec. 11. Maritime casualty investigations
Subsection (a) permits the NTSB to delegate the Safety
Board's 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 to employ best
practices in use by marine casualty investigators. This
provision addresses issues identified by the Inspector General
of the Department of Homeland Security regarding unqualified
Coast Guard marine casualty investigators.
Subsection (a) also requires the NTSB and the Secretary of
the department in which the Coast Guard is operating to jointly
prescribe regulations under which the Coast Guard would report
marine casualties to the NTSB.
Furthermore, consistent with the NTSB's current practice,
subsection (a) requires the NTSB to provide for the
participation of the Commandant of the Coast Guard in NTSB
investigations for the Coast Guard to carry out its duties.
However, the Commandant would not participate in determining
the probable causes of marine casualties.
Subsection (b) makes a technical, conforming amendment to
statute.
Sec. 12. Inspections and autopsies
This section ensures that designees or delegates of the
NTSB, such as FAA inspectors or Coast Guard representatives,
have appropriate authority to conduct on-scene fact-finding for
the NTSB.
Sec. 13. Discovery and use of cockpit and surface vehicle recordings
and transcripts
This section makes a minor technical correction by changing
an ``and'' to ``or'' to conform to the rest of the statute.
Sec. 14. Family assistance
This section requires domestic and foreign air carriers to
develop, in their aircraft accident family assistance plans, a
process to notify family members of passengers prior to the
destruction of unclaimed and unassociated personal effects. Air
carriers are required by law to have family assistance plans to
help families of aviation accidents. The Committee, the NTSB's
Office of Transportation Disaster Assistance, and DOT do not
believe this provision would be unduly burdensome to air
carriers.
Sec. 15. Coast Guard notification
This section requires the Coast Guard and the NTSB to
mutually develop, within six months of the date of enactment of
this Act, requirements whereby the Coast Guard will notify the
Safety Board of all marine casualties of potential
investigative interest to the Safety Board.
Sec. 16. Use of Board name, logo, initials, and seal
This section amends 18 U.S.C. Sec. 709 to prohibit
unauthorized use of the Safety Board's name, logo, initials,
and seal. The section imposes criminal sanctions on those who
use the Safety Board's likeness to convey the false impression
that the NTSB approved, endorsed, or authorized certain
materials. Deterring such conduct will help ensure public
confidence in official publications of the NTSB as well as
prevent acts that could mislead the public on the progress of
ongoing investigations.
Legislative History and Committee Consideration
In the 110th Congress, on April 23, 2008, the Subcommittee
on Aviation held a hearing focused on the NTSB's
reauthorization proposal. The Safety Board's authorization
expired on September 30, 2008.\20\
---------------------------------------------------------------------------
\20\See 49 U.S.C. Sec. 1118(a)(2008).
---------------------------------------------------------------------------
In the 111th Congress, on January 27, 2010, the
Subcommittee on Aviation held a hearing focused on the NTSB's
reauthorization proposal.
On March 2, 2010, Chairman James L. Oberstar introduced
H.R. 4714, the ``National Transportation Safety Board
Reauthorization Act of 2010.'' On March 3, 2010, the Committee
on Transportation and Infrastructure met in open session to
consider H.R. 4714. The Committee adopted two amendments to the
bill by voice vote. The Committee on Transportation and
Infrastructure ordered H.R. 4714, as amended, reported
favorably to the House by voice vote with a quorum present.
Record Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires each committee report to include the
total number of votes cast for and against on each record vote
on a motion to report and on any amendment offered to the
measure or matter, and the names of those members voting for
and against. There were no recorded votes taken in connection
with consideration of H.R. 4714 or ordering the bill reported.
A motion to order H.R. 4714, as amended, reported favorably to
the House was agreed to by voice vote with a quorum present.
Committee Oversight Findings
With respect to the requirements of clause 3(c)(1) of rule
XIII of the Rules of the House of Representatives, the
Committee's oversight findings and recommendations are
reflected in this report.
Cost of Legislation
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives does not apply where a cost estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974 has been timely submitted prior to the filing of the
report and is included in the report. Such a cost estimate is
included in this report.
Compliance With House Rule XIII
1. With respect to the requirement of clause 3(c)(2) of
rule XIII of the Rules of the House of Representatives, and
section 308(a) of the Congressional Budget Act of 1974, the
Committee references the report of the Congressional Budget
Office included in the report.
2. With respect to the requirement of clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, the
performance goals and objective of this legislation are to
reauthorize the NTSB.
3. With respect to the requirement of clause 3(c)(3) of
rule XIII of the Rules of the House of Representatives and
section 402 of the Congressional Budget Act of 1974, the
Committee has received the enclosed cost estimate for H.R. 4714
from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 10, 2010.
Hon. James L. Oberstar,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 4714, the National
Transportation Safety Board Reauthorization Act of 2010.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure.
H.R. 4714--National Transportation Safety Board Reauthorization Act of
2010
Summary: H.R. 4714 would authorize the appropriation of
$483 million for the National Transportation Safety Board
(NTSB) over the 2011-2014 period. Assuming appropriation of the
specified amounts, CBO estimates that implementing H.R. 4714
would cost $473 million over the 2011-2015 period. Enacting the
bill would not affect direct spending or revenues; therefore,
pay-as-you-go procedures would not apply.
The bill contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
H.R. 4714 would impose private-sector mandates, as defined
in UMRA, but CBO estimates that the total cost of complying
with the mandates would be minimal and fall below the annual
threshold established in UMRA for private-sector mandates ($141
million in 2010, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 4714 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATIONAuthorization Level........................... 117 120 122 124 0 483
Estimated Outlays............................. 103 118 120 122 10 473
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that H.R.
4714 will be enacted during fiscal year 2010 and that the
authorized amounts will be appropriated each year. Outlay
estimates are based on historical spending patterns of the
NTSB.
The bill would authorize the appropriation of $483 million
over the 2011-2014 period for the salaries and expenses of the
NTSB personnel and for the general administrative operations of
the board. The NTSB received appropriations totaling $98
million for fiscal year 2010. The bill also would revise some
policies and procedures at the NTSB. Assuming appropriation of
the specified amounts, CBO estimates that implementing H.R.
4714 would cost $473 million over the 2010-2015 period.
Pay-as-you-go considerations: None.
Estimated impact on state, local, and tribal governments:
H.R. 4714 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments.
Estimated impact on the private sector: H.R. 4714 would
impose private-sector mandates, as defined in UMRA. The bill
would prohibit individuals and entities from using the words
``National Transportation Safety Board,'' the initials
``NTSB,'' the logo of the NTSB, or the seal of the NTSB without
the written permission of that agency. The cost of the mandate
would be the cost of acquiring written permission to use such
words or symbols or the forgone net value attributable to such
uses in the event that permission is not granted. Based on
information from the NTSB, CBO expects that the direct cost to
comply with the mandate would be minimal. H.R. 4714 also would
impose a private-sector mandate on air carriers. After an
accident resulting in major loss of life, an air carrier would
have to make a reasonable attempt to notify the family of each
passenger within 60 days of any planned destruction of
unclaimed possessions. According to the NTSB, most air carriers
already comply with this requirement, and the cost for the
remaining air carriers to comply would not be significant.
Consequently, CBO estimates that the total cost of complying
with the mandates in H.R. 4714 would fall well below the annual
threshold for private-sector mandates ($141 million in 2010,
adjusted annually for inflation).
Previous CBO estimate: On December 3, 2009, CBO transmitted
a cost estimate for S. 2768 as ordered reported by the Senate
Committee on Commerce, Science, and Transportation on November
19, 2009. That bill authorized the appropriation of $559
million for the NTSB, including $100 million for 2010. S. 2768
contained only one of the private-sector mandates contained in
H.R. 4714. CBO's cost estimates for the two bills reflect those
differences.
Estimate prepared by: Federal Costs: Sarah Puro; Impact on
State, Local, and Tribal Governments: Ryan Miller; Impact on
the Private Sector: Samuel Wice.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
Compliance With House Rule XXI
Pursuant to clause 9 of rule XXI of the Rules of the House
of Representatives, the Committee is required to include a list
of congressional earmarks, limited tax benefits, or limited
tariff benefits as defined in clause 9(e), 9(f), and 9(g) of
rule XXI of the Rules of the House of Representatives. H.R.
4714, as amended, does not include any earmarks, limited tax
benefits, or limited tariff benefits under clause 9(e), 9(f),
or 9(g) of rule XXI.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, committee reports on a bill or joint
resolution of a public character shall include a statement
citing the specific powers granted to the Congress in the
Constitution to enact the measure. The Committee on
Transportation and Infrastructure finds that Congress has the
authority to enact this measure pursuant to its powers granted
under article I, section 8 of the Constitution.
Federal Mandate Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act (P.L. 104-4).
Preemption Clarification
Section 423 of the Congressional Budget Act of 1974
requires the report of any Committee on a bill or joint
resolution to include a statement on the extent to which the
bill or joint resolution is intended to preempt state, local,
or tribal law. The Committee states that H.R. 4714, as amended,
does not preempt any state, local, or tribal law.
Advisory Committee Statement
No advisory committees within the meaning of section 5(b)
of the Federal Advisory Committee Act are created by this
legislation.
Applicability of Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act (P.L. 104-1).
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, 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
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE II--OTHER GOVERNMENT AGENCIES
* * * * * * *
CHAPTER 11--NATIONAL TRANSPORTATION SAFETY BOARD
Sec.
1101. Definitions.
* * * * * * *
* * * * * * *
1132a. Maritime casualty investigations.
* * * * * * *
[1151. Aviation enforcement.]
1151. Enforcement.
* * * * * * *
SUBCHAPTER I--GENERAL
[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.]
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.
SUBCHAPTER II--ORGANIZATION AND ADMINISTRATIVE
Sec. 1111. General organization
(a) * * *
* * * * * * *
(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] unavailable or unable to serve or when the position of
Chairman is vacant, the Vice Chairman acts as Chairman.
* * * * * * *
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 and depositions to carry out
this chapter, administer oaths, and require, by [subpena]
subpoena or otherwise, necessary witnesses and evidence.
(2) 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. 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.
* * * * * * *
(b) Additional Powers.--(1) The Board may--
(A) * * *
* * * * * * *
(H) make contracts and other agreements with
nonprofit entities to carry out studies related to
duties and powers of the Board; and
[(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 and technical services or training in accident
investigation theory and techniques, and require that
such entities provide appropriate consideration for the
reasonable costs of any facilities, goods, services, or
training provided by the Board.]
(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.
[(2) The Board shall deposit in the Treasury amounts received
under paragraph (1)(I) of this subsection to be credited as
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.]
(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).
(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.
* * * * * * *
(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.
Sec. 1114. Disclosure, availability, and use of information
(a) General.--(1) Except as provided in subsections (b), (c),
(d), [and (f)] (e), and (g) 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
identifiable 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.
* * * * * * *
(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) * * *
* * * * * * *
(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 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.
[(e)] (f) Drug Tests.--(1) * * *
* * * * * * *
[(f)] (g) Foreign Investigations.--
(1) * * *
* * * * * * *
(h) Party Representatives to NTSB Investigations.--
(1) Prohibition on disclosure of information.--A
party representative to an accident 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 investigation is necessary to prevent
additional accidents, 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 being investigated or to
make or deny any insurance claim in connection with
such accident.
(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) 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.
Sec. 1115. Training
(a) * * *
* * * * * * *
(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 theory and
techniques and on transportation safety methods to advance
Board safety recommendations. 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 or who influence the course of
transportation safety through support or adoption of Board
safety recommendations. 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 Board as offsetting collections under section 1118(c)(2).
Sec. 1116. Reports and studies
(a) * * *
(b) Studies, Investigations, and Other Reports.--The Board
also shall--
(1) [carry out] conduct special studies and
investigations about transportation safety, including
avoiding personal injury;
* * * * * * *
[(3) prescribe requirements for persons reporting
accidents and aviation incidents that--
[(A) may be investigated by the Board under
this chapter; or
[(B) involve public aircraft (except aircraft
of the armed forces and the intelligence
agencies);]
(3) prescribe requirements for persons reporting
accidents, as defined in section 1101(a), that may be
investigated by the Board under this chapter;
* * * * * * *
(c) Interim Safety Recommendations and Measures.--Nothing in
this section shall restrict the Board from--
(1) making urgent safety recommendations, identified
through an ongoing safety investigation or study, to
any regulatory department, agency, or instrumentality
of the Federal Government or a State or local
governmental authority or a person concerned with
transportation safety; or
(2) recommending interim measures to mitigate risks
to transportation safety pending implementation of more
comprehensive responses by the appropriate department,
agency, instrumentality, authority, or person.
Sec. 1117. Annual report
The National Transportation Safety Board shall submit a
report to Congress on July 1 of each year. The report shall
include--
(1) * * *
* * * * * * *
(5) a list of accidents, during the prior calendar
year, that the Board was required to investigate under
section 1131 but did not investigate and an explanation
of why they were not investigated; [and]
(6) a list of ongoing investigations that have
exceeded the expected time allotted for completion by
Board order and an explanation for the additional time
required to complete each such investigation[.]; and
(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.
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, $73,325,000 for fiscal year 2003, $78,757,000 for fiscal
year 2004, $83,011,000 for fiscal year 2005, $87,539,000 for
fiscal year 2006, $81,594,000 for fiscal year 2007, and
$92,625,000 for fiscal year 2008. Such sums shall remain
available until expended.]
(a) In General.--There is authorized to be appropriated for
the purposes of this chapter--
(1) $117,368,000 for fiscal year 2011;
(2) $120,258,000 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.
* * * * * * *
(c) [Fees, Refunds, and Reimbursements] Fees, Refunds,
Reimbursements, and Advances.--
(1) In general.--The Board may impose and collect
such fees, refunds, [and reimbursements]
reimbursements, and advances as it determines to be
appropriate for [services] activities, services, and
facilities provided by or through the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee,
refund, [or reimbursement] reimbursement, or advance
collected under this subsection--
(A) shall be credited as offsetting
collections to the account that finances the
[activities and services for which the fee is
imposed or with which the refund or
reimbursement is associated] activities,
services, or facilities for which the fee,
refund, reimbursement, or advance is
associated;
(B) shall be available for expenditure only
to pay the costs of [activities and services
for which the fee is imposed or with which the
refund or reimbursement is associated]
activities, services, or facilities for which
the fee, refund, reimbursement, or advance is
associated; and
* * * * * * *
(3) Annual record of collections.--The Board shall
maintain an annual record of collections received under
paragraph (2).
[(3)] (4) Refunds.--The Board may refund any fee or
advance paid by mistake or any amount paid in excess of
that required.
* * * * * * *
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] causes or probable causes of--
(A) * * *
* * * * * * *
(C) a railroad accident in which there is [a fatality
or substantial property damage] a fatality (other than
a fatality involving a trespasser) or substantial
property damage, or that involves a passenger train;
* * * * * * *
(E) a major marine casualty (except a casualty
involving only public vessels) occurring on or under
the navigable waters, internal waters, or the
territorial sea of the United States as described in
Presidential Proclamation No. 5928 of December 27,
1988, or involving a vessel of the United States (as
defined in section 2101(46) of title 46), 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) * * *
* * * * * * *
(iii) the investigation of the accident would
carry out this chapter[.]; and
(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.
* * * * * * *
(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 or relevant to the
accident is exchanged in a timely manner.
* * * * * * *
(c) Accidents Not Involving Government Misfeasance or
Nonfeasance.--(1) * * *
* * * * * * *
(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.
* * * * * * *
(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. 1132a. Maritime 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) Notification and Reporting.--The Board and the Secretary
shall jointly prescribe regulations governing the notification
and reporting of marine casualties to the Board.
(c) 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)).
* * * * * * *
Sec. 1134. Inspections and autopsies
(a) Entry and Inspection.--An [officer or employee] officer,
employee, or Federal designee of the National Transportation
Safety Board in the conduct of any accident investigation or
study--
(1) * * *
* * * * * * *
Sec. 1138. Evaluation and audit of National Transportation Safety Board
(a) In General.--To promote economy, efficiency, and
effectiveness in the administration of the programs,
operations, and activities of the National Transportation
Safety Board, the Comptroller General of the United States
shall evaluate and audit the programs and expenditures of the
National Transportation Safety Board. Such evaluation and audit
shall be [conducted at least annually, but may be] conducted as
determined necessary by the Comptroller General or the
appropriate congressional committees.
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND PENALTIES
Sec. 1151. [Aviation enforcement] Enforcement
(a) Civil Actions by Board.--The National Transportation
Safety Board may bring a civil action in a district court of
the United States against a person to enforce section 1114(h),
1132, 1134(b) or (f)(1) (related to an aircraft accident),
1136(g)(2), or 1155(a) of this title or a regulation prescribed
or order issued under any of those sections. An action under
this subsection may be brought in the judicial district in
which the person does business or the violation occurred.
(b) Civil Actions by Attorney General.--On request of the
Board, the Attorney General may bring a civil action in an
appropriate court--
(1) to enforce section 1114(h), 1132, 1134(b) or
(f)(1) (related to an aircraft accident), 1136(g)(2),
or 1155(a) of this title or a regulation prescribed or
order issued under any of those sections; and
* * * * * * *
(c) Participation of Board.--On request of the Attorney
General, the Board may participate in a civil action to enforce
section 1114(h), 1132, 1134(b) or (f)(1) (related to an
aircraft accident), 1136(g)(2), or 1155(a) of this title.
* * * * * * *
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 or surface vehicle recorder
transcript that the National Transportation Safety
Board has not made available to the public under
section 1114(c) or 1114(d) of this title[; and]; or
* * * * * * *
SUBTITLE VII--AVIATION PROGRAMS
* * * * * * *
PART A--AIR COMMERCE AND SAFETY
* * * * * * *
SUBPART II--ECONOMIC REGULATION
* * * * * * *
CHAPTER 411--AIR CARRIER CERTIFICATES
* * * * * * *
Sec. 41113. Plans to address needs of families of passengers involved
in aircraft accidents
(a) * * *
(b) Contents of Plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
(1) * * *
* * * * * * *
(7) An assurance that any unclaimed possession of a
passenger within the control of the air carrier will be
retained by the air carrier for at least 18 months, 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.
* * * * * * *
CHAPTER 413--FOREIGN AIR TRANSPORTATION
* * * * * * *
Sec. 41313. Plans to address needs of families of passengers involved
in foreign air carrier accidents
(a) * * *
* * * * * * *
(c) Contents of Plans.--To the extent permitted by foreign
law which was in effect on the date of the enactment of this
section, a plan submitted by a foreign air carrier under
subsection (b) shall include the following:
(1) * * *
* * * * * * *
(7) Unclaimed possessions retained.--An assurance
that any unclaimed possession of a passenger within the
control of the foreign air carrier will be retained by
the foreign air carrier for not less than 18 months
after the date of the accident, 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.
* * * * * * *
----------
TITLE 18, UNITED STATES CODE
PART I--CRIMES
* * * * * * *
CHAPTER 33--EMBLEMS, INSIGNIA, AND NAMES
* * * * * * *
Sec. 709. False advertising or misuse of names to indicate Federal
agency
Whoever, except as permitted by the laws of the United
States, uses the words ``national'', ``Federal'', ``United
States'', ``reserve'', or ``Deposit Insurance'' as part of the
business or firm name of a person, corporation, partnership,
business trust, association or other business entity engaged in
the banking, loan, building and loan, brokerage, factorage,
insurance, indemnity, savings or trust business; or
* * * * * * *
Whoever, except with the written permission of the Director
of the United States Marshals Service, knowingly uses the words
``United States Marshals Service'', ``U.S. Marshals Service'',
``United States Marshal'', ``U.S. Marshal'', ``U.S.M.S.'', or
any colorable imitation of any such words, or the likeness of a
United States Marshals Service badge, logo, or insignia on any
item of apparel, in connection with any advertisement,
circular, book, pamphlet, software, or other publication, or
any play, motion picture, broadcast, telecast, or other
production, in a manner that is reasonably calculated to convey
the impression that the wearer of the item of apparel is acting
pursuant to the legal authority of the United States Marshals
Service, or to convey the impression that such advertisement,
circular, book, pamphlet, software, or other publication, or
such play, motion picture, broadcast, telecast, or other
production, is approved, endorsed, or authorized by the United
States Marshals Service; or
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;
Shall be punished as follows: a corporation, partnership,
business trust, association, or other business entity, by a
fine under this title; an officer or member thereof
participating or knowingly acquiescing in such violation or any
individual violating this section, by a fine under this title
or imprisonment for not more than one year, or both.
* * * * * * *
MINORITY VIEWS
NTSB BACKGROUND
The NTSB is a small, but important, part of the Federal
Government and makes critical contributions to our Nation's
transportation safety each year. The NTSB is charged with
investigating civil aviation accidents and significant
transportation accidents in the surface modes--railroad,
highway, marine, and pipeline. In addition, the NTSB assists
the victims of aviation accidents. And, when resources allow,
the NTSB also provides family assistance for accidents in other
transportation modes.
The NTSB has done a tremendous service to this Nation and
the traveling public in all modes of transportation for many
years. In the United States, the three-year average commercial
aviation accident rate is .018 accidents per 100,000
departures. Since 2001, the Federal Aviation Administration
(FAA) has safely handled 101.8 million flights carrying 6.3
billion passengers in the United States--an amazing record by
any standard. This unprecedented aviation safety record is due,
in part, to the outstanding work over the years by hundreds of
NTSB professionals as well as the Federal Aviation
Administration and the aviation industry.
But even with this outstanding safety record in commercial
air transportation, the tragic loss of Colgan Flight 3407 is a
stark reminder that we must continue to work towards making the
system even safer.
Since its creation in 1967, the NTSB has investigated more
than 132,000 aviation accidents, and more than 10,000 accidents
in other transportation modes. As a result of these
investigations, the Board has issued a total of almost 13,000
safety recommendations and over 82 percent of those have been
adopted. The NTSB has had great success with its ``Most
Wanted'' list of transportation safety improvements. Since its
inception, 300 recommendations have been placed on the ``Most
Wanted'' list with the majority having been accepted and
implemented.
Finally, the NTSB also serves as the ``Court of Appeals''
for any airman, mechanic or mariner whenever certificate action
is taken by the FAA Administrator or the U.S. Coast Guard
Commandant.
AUTHORIZATION LEVELS
H.R. 4714 provides for a four-year reauthorization--fiscal
years 2011 through 2014. Given the size of the Federal deficit,
and the improvement in aviation safety resulting in fewer
aviation accidents requiring NTSB's attention, the Minority is
concerned with the high level of funding authorized in this
bill.
----------------------------------------------------------------------------------------------------------------
Obama Administration
FY FY 2010 Enacted H.R. 4714 (in request (in
(in millions) millions) millions)
----------------------------------------------------------------------------------------------------------------
2010............................................. $98.05 $117.368 $100.4
2011............................................. .................. $120.258 .....................
2012............................................. .................. $124.158 .....................
2013............................................. .................. $122.187 .....................
2014............................................. .................. $124.158 .....................
----------------------------------------------------------------------------------------------------------------
As introduced, H.R. 4714 proposes a twenty percent increase
in funding from 2010 to 2011, despite the state of the Federal
budget and President Obama's ``freeze the discretionary
budget'' promise from his most recent State of the Union
address. The Minority believes a better starting point for the
NTSB's funding levels is $100.4 million, the amount requested
in the fiscal year 2011 President's Budget. The NTSB both
supports and is comfortable with the President's Budget Request
of $100.4 million for fiscal year 2011.
Even a ten percent increase in authorization levels, as
included in the amended version of H.R. 4714, raises concerns
due to the Federal deficit. H.R. 4714, as amended, would
authorize a 27% increase in funding over 4 years.
The NTSB is a small, efficient, nimble agency that has
operated quite successfully with FTE staffing levels in the
380s. It is accurate that during the 107th and 108th Congresses
the Committee on Transportation and Infrastructure reported and
the House passed NTSB reauthorization bills that provided the
necessary funding to finance 479 FTEs. Those efforts occurred
before the 2008-2009 recession and the ballooning Federal
deficit. The Minority believes that all Federal agencies need
to find ways to cut their budgets. The NTSB has recently
launched investigations into areas where they lack actual
jurisdiction over or where the U.S. Coast Guard or DOT can
conduct the investigation without duplicitous efforts. The
Minority believes that the NTSB must revisit its staffing plans
in light of the economic realities all Americans are facing
today.
NTSB AUTHORITY
H.R. 4714 expands the NTSB's authority to investigate
``incidents'' in all modes of transportation. The bill directs
the NTSB to define the term ``incidents'' in a rulemaking, and
it is the Minority's understanding that all Department of
Transportation modal agencies will be given the opportunity to
comment on and influence the NTSB's rulemaking.
In addition, the Chairman of the NTSB is directed to enter
into Memorandums of Understanding (MOU) with each appropriate
modal agency in order to describe and reach understanding on
the roles and responsibilities of each party in the event of an
NTSB incident investigation.
The Minority believes the inclusion of ``incidents'' in the
definition of ``accidents'' will require close oversight by
Congress to ensure that there are no negative impacts on the
ability of each modal transportation agency to investigate and
conduct enforcement activities.
The potential for the NTSB to obtain evidence voluntarily
from the parties involved in an incident may limit the evidence
available to the modal agencies in the pursuit of an
enforcement action. Therefore, how the NTSB and modal agency
operate when there is an incident being investigated by both
would require close scrutiny.
PARTY REPRESENTATIVE
The Minority is concerned about the impact of a provision
prohibiting the disclosure of information by party
representatives during an investigation. While the intent of
the provision is sincere, its impact may severely harm the
party representative system; a system that has served the
Nation well over the years.
The Minority believes this provision requires further
modification to ensure no unintended consequences, and the
party representative system remains intact.
COAST GUARD
The bill authorizes a significant increase in the number of
NTSB maritime casualty investigators. The bill also enables the
NTSB to utilize the capabilities and expertise of the Coast
Guard when the NTSB takes the lead on the investigation of a
marine casualty in U.S. waters. The Minority believes the NTSB
should fully leverage the Coast Guard's trained cadre of
accident investigators and therefore, does not need to hire
duplicative personnel to carry out the investigative and
analytic work in-house.
INTERIM AND FINAL SAFETY RECOMMENDATIONS
The Minority is also concerned with a provision in the bill
that clarifies nothing shall restrict the NTSB from making
interim safety recommendations or from recommending interim
measures to mitigate risks to transportation pending
implementation of more comprehensive action by transportation
agencies.
In light of the recent NTSB recommendations related to the
D.C. Metro Rail accident, the Minority recognizes the
provision's objective to ensure all possible safety precautions
are taken. However, this amendment may cause confusion with the
issuance of both interim safety recommendations and final
recommendations contained in the NTSB's formal accident report.
The bill language should be modified to clarify that if the
interim recommendations issued earlier in the investigation
conflict with the final safety recommendations contained in the
formal accident report issued at the completion of the
investigation, then the final safety recommendations take
precedent.
Further, the language should be modified to clarify that
the NTSB's authority to issue interim measures to mitigate
risks to transportation pending implementation of more
comprehensive action by transportation agencies would be
included in the final accident report along with longer-term
recommendations.
John L. Mica.