[Senate Report 111-127]
[From the U.S. Government Publishing Office]
Calendar No. 273
111th Congress
2d Session SENATE Report
111-127
_______________________________________________________________________
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2009
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2768
February 23, 2010.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred eleventh congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota JOHN ENSIGN, Nevada
BARBARA BOXER, California JIM DeMINT, South Carolina
BILL NELSON, Florida JOHN THUNE, South Dakota
MARIA CANTWELL, Washington ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey GEORGE S, LeMIEUX, Florida
MARK PRYOR, Arkansas JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota SAM BROWNBACK, Kansas
TOM UDALL, New Mexico MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
Ellen Doneski, Chief of Staff
James Reid, Deputy Chief of Staff
Bruce Andrews, General Counsel
Ann Begeman, Acting Republican Staff Director
Brian Hendricks, Republican General Counsel
Todd Bertoson, Republican Senior Counsel
Calendar No. 273
111th Congress Report
SENATE
2d Session 111-127
======================================================================
NATIONAL TRANSPORTATION SAFETY BOARD REAUTHORIZATION ACT OF 2009
_______
February 23, 2010.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
REPORT
[To accompany S. 2768]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2768) to amend title 49, United
States Code, to authorize appropriations for the National
Transportation Safety Board (NTSB or Board) for fiscal years
2010 through 2014, and for other purposes, having considered
the same, reports favorably thereon with an amendment (in the
nature of a substitute) and recommends that the bill (as
amended) do pass.
Purpose of the Bill
The National Transportation Safety Board Reauthorization Act
of 2009, S. 2768, as reported, would: (a) reauthorize the NTSB
through fiscal year (FY) 2014; (b) make several changes
clarifying the Board's existing authorities; (c) provide the
NTSB with the authority to investigate commercial space launch
accidents; and (d) augment assistance plans to family members
of victims of aviation accidents.
Background and Needs
The NTSB is an independent Federal agency responsible for
investigating and establishing the facts, circumstances, and
probable cause of significant transportation accidents and for
developing recommendations that will prevent future accidents
or reduce injuries, loss of life, or damage to property. The
NTSB also conducts safety studies and prepares safety reports
as part of its overall transportation safety mission.
The NTSB annually investigates about 1,600 aviation accidents
and incidents, along with approximately 100 railroad, highway,
maritime, and pipeline accidents. The NTSB consists of five
Board Members, who are nominated by the President and confirmed
by the Senate. No more than three members may be from the same
political party, and at least three members must be appointed
on the basis of technical qualifications, professional
standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation. All Board
Members serve a five-year term. The President designates and
the Senate confirms one of the members to serve as Chairman for
a two-year term, and the President also designates one board
member to serve as Vice-Chairman for a two-year term.
Approximately 400 full-time staff support the Board's
investigations. However, the NTSB often relies on the resources
of other organizations in conducting its investigations. The
NTSB has broad discretionary authority to designate other
government agencies, corporations, foreign authorities, or
other pertinent organizations as parties to the Board's
investigations.
Since its inception in 1967, the NTSB has issued
approximately 12,900 safety recommendations. In 2008, the NTSB
issued 129 recommendations, including 86 aviation, 21 highway,
14 railroad, and 8 marine recommendations. The NTSB has no
legislative authority to implement its recommendations, and
therefore is dependent on Federal, State, and local authorities
and industry to consider and adopt the Board's recommendations
based on its reports. The NTSB has officially closed 67 of its
2008 recommendations as accepted, and the average acceptance
rate for all of the Board's safety recommendations since its
inception is just over 82 percent through September 2009.
The NTSB estimates that the Department of Transportation's
(DOT) modal agencies take an average of 5 years to successfully
implement the Board's recommendations, while State agencies
take over 10 years. To help promote the adoption of its
recommendations the NTSB issues a ``Most Wanted List'' each
year that identifies high priority safety recommendations the
Board has issued, but that have yet to be implemented by the
appropriate regulatory authority or industry organizations.
During Congressional hearings, the NTSB testified that one of
the primary challenges facing the agency is the retirement of a
substantial portion of its workforce and the associated task of
recruiting and training new employees. The NTSB experienced an
11.5 percent reduction in employee staffing levels from 2003 to
2007, from 427 employees to 378. The NTSB has expressed
concerns over its ability to recruit and train new employees in
the technical and specialized skills required. Congressional
efforts in fiscal years 2008 and 2009 provided appropriations
to support hiring additional engineers, investigators,
technicians, and specialists in the areas of highways,
pipelines, rail, research, and engineering that boosted the
full-time equivalent employee level to 394 employees. The
authorized appropriations levels in S. 2768 are intended to
provide funding for a minimum of 427 employees by 2014, to
permit the agency to hire personnel in critical areas to best
contribute to the Board's investigative and safety study
responsibilities, and to preserve the necessary continuity in
essential technical and specialty areas of national
significance within the agency.
Summary of Provisions
The National Transportation Safety Board Reauthorization Act
of 2009 would reauthorize the agency from FY 2010 through FY
2014. Authorized appropriations for each year are $100,000,000
for FY 2010; $105,000,000 for FY 2011; $112,000,000 for FY
2012; $118,000,000 for FY 2013; and $124,000,000 for FY 2014.
Key provisions of the bill would:
Ensure that the jurisdiction of the NTSB extends to
investigations of incidents that raise significant
safety issues, but do not necessarily result in the
loss of life or property damage.
Clarify that the NTSB has subpoena authority to
gather evidence for investigations.
Protect information obtained in or related to an
ongoing investigation from public disclosure under the
Freedom of Information Act (FOIA) by the NTSB or any
agency receiving information from the Board. The Board
would retain the authority to make such records
available to the public if it is necessary to promote
transportation safety.
Provide the NTSB with explicit authority to
investigate accidents involving commercial space launch
vehicles.
Grant the NTSB explicit authority to access
information from any recording devices and recordings
on aircraft, vehicle, vessel, or rolling stock involved
in accidents, and to obtain the required information
from the manufacturer to enable the Board to read and
interpret such information.
Require that airlines augment their family
assistance plans to notify, within 60 days, family
members of passengers involved in fatal aviation
accidents of plans to destroy unclaimed and
unassociated personal effects.
Several changes are also incorporated into the legislation,
including provisions that would permit the NTSB to conduct
investigative and safety training courses, collect revenues
from non-agency personnel that participate in such training
courses, revise the criteria for investigation of railroad
accidents, and investigate relevant international accidents or
incidents when requested by foreign authorities. The NTSB would
also be required to issue a report on its policies on releasing
accident investigation information.
Legislative History
Senator Dorgan, along with Senators Rockefeller and
Lautenberg, introduced S. 2768 on November 10, 2009. The
Committee held a hearing on October 29, 2009, to consider the
reauthorization of the NTSB. The Honorable Deborah A.P.
Hersman, Chairman of the NTSB, and Dr. Gerald Dillingham,
Director of Physical Infrastructure at the Government
Accountability Office (GAO), testified. This hearing was
preceded by a series of hearings on transportation safety held
by the Committee. On June 10, 2009, a hearing was held entitled
``Aviation Safety: The Federal Aviation Administration's Role
in the Oversight of Commercial Air Carriers'' at which
representatives from the NTSB, the Federal Aviation
Administration (FAA), the U.S. Department of Transportation
Inspector General (DOT IG) and the Flight Safety Foundation
testified. On June 17, 2009, a hearing was held entitled
``Aviation Safety: The Role and Responsibility of Commercial
Air Carriers and Employees'' at which representatives from the
Air Transport Association (ATA), the Regional Airline
Association (RAA), the Airline Pilots Association (ALPA), and
families of the victims of Continental Express Flight 3407
testified. On August 6, 2009, a hearing was held entitled
``Aviation Safety: The Relationship Between Network Airlines
and Regional Airlines'' at which representatives from major and
regional commercial air carriers testified. On September 15,
2009, a hearing was held entitled ``Aviation Safety: The Hudson
River Midair Collision and the Safety of Air Operations in
Congested Airspace'' at which representatives from the NTSB,
FAA, the National Air Transportation Association (NATA), and
the National Air Traffic Controllers Association (NATCA)
testified. On October 28, 2009, a hearing was held entitled
``Combating Distracted Driving: Managing Behavioral and
Technological Risks'' at which the Honorable Ray LaHood, DOT
Secretary, and Julius Genachowski, Chairman of the Federal
Communications Commission (FCC) testified.
On November 19, 2009, the Committee met in Executive Session
during which S. 2768 was considered. The committee adopted one
amendment that was offered during the Executive Session, which
would require the NTSB to issue a report on how the Board
disseminates information on transportation accidents. The bill,
as amended, was ordered reported by voice vote.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
December 3, 2009.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2768, the National
Transportation Safety Board Reauthorization Act of 2009.
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.
Enclosure.
S. 2768--National Transportation Safety Board Reauthorization Act of
2009
Summary: S. 2768 would authorize the appropriation of $559
million for the National Transportation Safety Board (NTSB)
over the 2010-2014 period. Assuming appropriation of the
specified amounts, CBO estimates that implementing S. 2768
would cost $536 million over the 2010-2014 period and $23
million after 2014. Enacting the bill would not affect direct
spending or revenues.
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.
S. 2768 would impose a private-sector mandate, as defined
in UMRA, on air carriers, but CBO estimates that the cost of
complying with the mandate would be minimal and fall below the
annual threshold established in UMRA for private-sector
mandates ($139 million in 2009, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 2768 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
------------------------------------------------------------
2010 2011 2012 2013 2014 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 100 105 112 118 124 559
Estimated Outlays.................................. 88 103 109 115 121 536
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Basis of estimate: For this estimate, CBO assumes that S.
2768 will be enacted early in calendar 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 $559 million
for the NTSB over the 2010-2014 period for the salaries and
expenses of the NTSB personnel and for the general
administrative operations of the board. Under the bill and
under current law, certain fees collected by the NTSB would be
classified as offsetting collections credited to
appropriations. Based on information from the NTSB, CBO
estimates that those offsetting collections would total about
$2 million each year. The bill also would revise some policies
and procedures at the NTSB. Assuming appropriation of the
specified amounts, CBO estimates that implementing S. 2768
would cost $536 million over the 2010-2014 period.
Estimated impact on state, local, and tribal governments:
S. 2768 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: S. 2768 would
impose a private-sector mandate, as defined in UMRA, 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 the mandate, and the cost
for the remaining air carriers to comply would not be
significant. Consequently, CBO estimates that the aggregate
cost of complying with the mandate would fall well below the
annual threshold for private-sector mandates ($139 million in
2009, adjusted annually for inflation).
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.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
NUMBER OF PERSONS COVERED
The reported bill would reauthorize existing NTSB activities;
the number of persons covered should thus be consistent with
the current levels of individuals impacted under existing NTSB
activities.
ECONOMIC IMPACT
S. 2768 is expected to have a positive impact on the U.S.
economy. The transportation system is a key component of the
nation's economy. Provisions in this legislation aim to ensure
the transportation system continues to operate as safely as
possible.
PRIVACY
The reported bill is not expected to have any adverse impact
on the privacy rights of individuals.
PAPERWORK
It is not anticipated that there will be a major increase in
paperwork burdens resulting from the enactment of S. 2768.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Sec. 1. Short title
This section provides that the legislation may be cited as
the National Transportation Safety Board Reauthorization Act of
2009.
Sec. 2. Authorizations of appropriations
This section would authorize funds to be appropriated at the
following amounts for the NTSB:
$100,000,000 for fiscal year 2010;
$105,000,000 for fiscal year 2011;
$112,000,000 for fiscal year 2012;
$118,000,000 for fiscal year 2013; and
$124,000,000 for fiscal year 2014.
The section would also provide authorization for the Board to
impose and collect fees and provide refunds, reimbursements,
and advances, as it determines to be appropriate, for
activities, services, and facilities provided by or through the
Board. For example, it would permit the Board to collect
tuition for classes it teaches at its training facility. The
Board would be required to keep records of these financial
activities. Such revenues would be classified as offsetting
collections.
Sec. 3. Technical corrections
This section would authorize the NTSB to investigate
transportation incidents the Board believes should be
investigated for safety purposes, but that do not necessarily
result in accidents involving injury, fatalities, or property
damage. Examples include near misses between aircraft and cases
where unmanned aerial systems (UASs) temporarily lose
connectivity with their controllers.
The section would clarify that the Vice Chairman is
authorized to act as the Chairman when the Chairman is not
available in person, by telephone, by another means of
electronic communication, or is unable to serve. It would also
clarify that the Board has subpoena authority for accident
investigations.
This section would protect a broader array of proprietary
materials from disclosure through the FOIA, consistent with
FOIA principles. It would also require businesses or persons
that submit to the Board trade secrets, commercial or financial
information, or information that could be classified as
controlled under the International Trade in Arms Regulations to
appropriately mark such information to indicate the restricted
nature of the information in order to facilitate proper
handling of such materials by the Board.
This section would also protect records it has pertaining to
foreign investigations from being released prior to conclusion
of the investigation.
The section would prevent the Board, or any agency receiving
information from the Board, from having to publicly disclose
records related to an ongoing Board investigation, and would
exempt such records from disclosure under section 552(b)(3) of
title 5 of the FOIA. The Board, however, would be able to make
public specific records that are relevant to an ongoing
investigation if, in the NTSB's judgment, disclosure is
necessary to promote transportation safety. Such instances may
include releasing information during a public hearing held by
the Board on an accident or incident, or if the Board
determines that substantial portions of the underlying factual
reports on the accident or incident and supporting evidence
will be placed in the public docket. Further, disclosure would
be permitted if the Board determines during an ongoing
investigation or study that circumstances warrant disclosure of
specific factual material and that such material need be placed
in the public docket to facilitate communication with other
agencies, stakeholders, or Congress.
This section contains a provision clarifying that the Board
would not be prevented from referring at any time to evidence
from an ongoing investigation in making safety recommendations.
It would also clarify that the term ``ongoing investigation''
is defined as the time period beginning when the Board is
notified of an accident or incident and ending when the Board
issues a final report or brief, or determines to close an
investigation without issuing a report or brief.
This section would permit the Board to prescribe requirements
for persons reporting accidents and aviation incidents that may
be investigated by the NTSB, and contains a minor technical
change to ensure parties to a judicial proceeding may not use
discovery to obtain a cockpit or surface vehicle recording or
transcript.
Sec. 4. Authority of the Board
This section would retain the requirement that the GAO
conduct evaluations of the NTSB and its activities at the
direction of Congress, but would eliminate the mandate to issue
annually such reports.
This section would clarify and broaden the scope of
investigative and safety training courses the Board may conduct
and the people who may attend these classes. The provision
would also clarify the NTSB's authority to collect revenues
from non-agency personnel who participate in these training
courses.
The section would make a number of modifications to the
jurisdiction of the NTSB's investigative authority. Consistent
with other provisions of this bill, this section would clarify
that the NTSB has the authority to investigate incidents in
addition to accidents. The section would also revise the
criteria for investigation of railroad accidents, permit the
NTSB to investigate relevant international accidents or
incidents, and permit the NTSB to investigate accidents or
incidents involving unmanned aerial systems.
The section would provide the NTSB with explicit authority to
investigate accidents involving commercial space launch
vehicles.
This section would clarify that DOT, FAA, and Coast Guard
personnel, when delegated authority by the NTSB, have the same
authority to investigate accidents and incidents as Board
members.
This section would also provide the NTSB with explicit
authority to download or seize any recording device and
recordings and obtain the required information, including
proprietary information, from the manufacturer to enable the
Board to read and interpret any information from the device on
board the aircraft, vehicle, vessel, or rolling stock involved
in the accident being investigated by the NTSB.
Sec. 5. Aviation penalties and family assistance
This section would require that airlines augment their family
assistance plans by adding a process to notify family members
of the victims of fatal aviation accidents of plans to destroy
any unclaimed possessions of those individuals. The notice must
be attempted within 60 days of the destruction of unclaimed and
unassociated personal effects and applies to domestic and
international accidents.
Sec. 6. Accident-related information release policy report
This section would require the NTSB to issue a report to the
Senate Committee on Commerce, Science, and Transportation and
the House Committee on Transportation and Infrastructure
describing the policies, procedures, and guidelines used by the
Board to expedite the release of factual accident-related
information.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE II. OTHER GOVERNMENT AGENCIES
CHAPTER 11. NATIONAL TRANSPORTATION SAFETY BOARD
SUBCHAPTER I. GENERAL
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.]
otherwise, and may include incidents not involving destruction
or damage, but significantly affecting transportation safety,
as the Board may prescribe or Congress may direct.
* * * * * * *
SUBCHAPTER II. ORGANIZATION AND ADMINISTRATIVE
1111. General organization
(a) Organization.--The National Transportation Safety Board
is an independent establishment of the United States
Government.
(b) Appointment of members.--The Board is composed of 5
members appointed by the President, by and with the advice and
consent of the Senate. Not more than 3 members may be appointed
from the same political party. At least 3 members shall be
appointed on the basis of technical qualification, professional
standing, and demonstrated knowledge in accident
reconstruction, safety engineering, human factors,
transportation safety, or transportation regulation.
(c) Terms of office and removal.--The term of office of each
member is 5 years. An individual appointed to fill a vacancy
occurring before the expiration of the term for which the
predecessor of that individual was appointed, is appointed for
the remainder of that term. When the term of office of a member
ends, the member may continue to serve until a successor is
appointed and qualified. The President may remove a member for
inefficiency, neglect of duty, or malfeasance in office.
(d) Chairman and Vice Chairman.--The President shall
designate, by and with the advice and consent of the Senate, a
Chairman of the Board. The President also shall designate a
Vice Chairman of the Board. The terms of office of both the
Chairman and Vice Chairman are 2 years. When the Chairman is
[absent] unavailable or unable to serve or when the position of
Chairman is vacant, the Vice Chairman acts as Chairman.
(e) Duties and powers of Chairman.--The Chairman is the chief
executive and administrative officer of the Board. Subject to
the general policies and decisions of the Board, the Chairman
shall--
(1) appoint and supervise officers and employees,
other than regular and full-time employees in the
immediate offices of another member, necessary to carry
out this chapter;
(2) fix the pay of officers and employees necessary
to carry out this chapter;
(3) distribute business among the officers,
employees, and administrative units of the Board; and
(4) supervise the expenditures of the Board.
(f) Quorum.--Three members of the Board are a quorum in
carrying out duties and powers of the Board.
(g) Offices, bureaus, and divisions.--The Board shall
establish offices necessary to carry out this chapter,
including an office to investigate and report on the safe
transportation of hazardous material. The Board shall establish
distinct and appropriately staffed bureaus, divisions, or
offices to investigate and report on accidents involving each
of the following modes of transportation:
(1) aviation.
(2) highway and motor vehicle.
(3) rail and tracked vehicle.
(4) pipeline.
(5) marine.
(h) Chief Financial Officer.--The Chairman shall designate an
officer or employee of the Board as the Chief Financial
Officer. The Chief Financial Officer shall--
(1) report directly to the Chairman on financial
management and budget execution;
(2) direct, manage, and provide policy guidance and
oversight on financial management and property and
inventory control; and
(3) review the fees, rents, and other charges imposed
by the Board for services and things of value it
provides, and suggest appropriate revisions to those
charges to reflect costs incurred by the Board in
providing those services and things of value.
(i) Board member staff.--Each member of the Board shall
select and supervise regular and full-time employees in his or
her immediate office as long as any such employee has been
approved for employment by the designated agency ethics
official under the same guidelines that apply to all employees
of the Board. Except for the Chairman, the appointment
authority provided by this subsection is limited to the number
of full-time equivalent positions, in addition to 1 senior
professional staff at a level not to exceed the GS 15 level and
1 administrative staff, allocated to each member through the
Board's annual budget and allocation process.
(j) Seal.--The Board shall have a seal that shall be
judicially recognized.
* * * * * * *
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 or
depositions to carry out this chapter, administer
oaths, and require, by subpena or otherwise, necessary
witnesses and evidence.
(2) In the interest of transportation safety, the
Board shall have the authority by subpoena to summon
witnesses and obtain any and all evidence relevant to
an accident investigation conducted under this chapter.
A witness or evidence in a hearing under paragraph (1)
of this subsection may be summoned or required to be
produced from any place in the United States to the
designated place of the hearing. A witness summoned
under this subsection is entitled to the same fee and
mileage the witness would have been paid in a court of
the United States.
(3) A subpoena shall be issued under the signature of
the Chairman or the Chairman's delegate but may be
served by any person designated by the Chairman.
(4) If a person disobeys a subpoena, order, or
inspection notice of the Board, the Board may bring a
civil action in a district court of the United States
to enforce the subpoena, order, or notice. An action
under this paragraph may be brought in the judicial
district in which the person against whom the action is
brought resides, is found, or does business. The court
may punish a failure to obey an order of the court to
comply with the subpoena, order, or notice as a
contempt of court.
(b) Additional powers.--
(1) The Board may--
(A) procure the temporary or intermittent
services of experts or consultants under
section 3109 of title 5;
(B) make agreements and other transactions
necessary to carry out this chapter without
regard to section 3709 of the Revised Statutes
(41 U.S.C. 5);
(C) use, when appropriate, available
services, equipment, personnel, and facilities
of a department, agency, or instrumentality of
the United States Government on a reimbursable
or other basis;
(D) confer with employees and use services,
records, and facilities of State and local
governmental authorities;
(E) appoint advisory committees composed of
qualified private citizens and officials of the
Government and State and local governments as
appropriate;
(F) accept voluntary and uncompensated
services notwithstanding another law;
(G) accept gifts of money and other property;
(H) make contracts with nonprofit entities to
carry out studies related to duties and powers
of the Board; and
(I) 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.
(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.
(c) Submission of certain copies to Congress.--When the Board
submits to the President or the Director of the Office of
Management and Budget a budget estimate, budget request,
supplemental budget estimate, other budget information, a
legislative recommendation, prepared testimony for
congressional hearings, or comments on legislation, the Board
must submit a copy to Congress at the same time. An officer,
department, agency, or instrumentality of the Government may
not require the Board to submit the estimate, request,
information, recommendation, testimony, or comments to another
officer, department, agency, or instrumentality of the
Government for approval, comment, or review before being
submitted to Congress. The Board shall develop and approve a
process for the Board's review and comment or approval of
documents submitted to the President, Director of the Office of
Management and Budget, or Congress under this subsection.
(d) Liaison committees.--The Chairman may determine the
number of committees that are appropriate to maintain effective
liaison with other departments, agencies, and instrumentalities
of the Government, State and local governmental authorities,
and independent standard-setting authorities that carry out
programs and activities related to transportation safety. The
Board may designate representatives to serve on or assist those
committees.
(e) Inquiries.--The Board, or an officer or employee of the
Board designated by the Chairman, may conduct an inquiry to
obtain information related to transportation safety after
publishing notice of the inquiry in the Federal Register. The
Board or designated officer or employee may require by order a
department, agency, or instrumentality of the Government, a
State or local governmental authority, or a person transporting
individuals or property in commerce to submit to the Board a
written report and answers to requests and questions related to
a duty or power of the Board. The Board may prescribe the time
within which the report and answers must be given to the Board
or to the designated officer or employee. Copies of the report
and answers shall be made available for public inspection.
(f) Regulations.--The Board may prescribe regulations to
carry out this chapter.
(g) Overtime pay.--
(1) In general.--Subject to the requirements of this
section and notwithstanding paragraphs (1) and (2) of
section 5542(a) of title 5, for an employee of the
Board whose basic pay is at a rate which equals or
exceeds the minimum rate of basic pay for GS-10 of the
General Schedule, the Board may establish an overtime
hourly rate of pay for the employee with respect to
work performed at the scene of an accident (including
travel to or from the scene) and other work that is
critical to an accident investigation in an amount
equal to one and one-half times the hourly rate of
basic pay of the employee. All of such amount shall be
considered to be premium pay.
(2) Limitation on overtime pay to an employee.--An
employee of the Board may not receive overtime pay
under paragraph (1), for work performed in a calendar
year, in an amount that exceeds 15 percent of the
annual rate of basic pay of the employee for such
calendar year.
(3) Limitation on total amount of overtime pay.--The
Board may not make overtime payments under paragraph
(1) for work performed in any fiscal year in a total
amount that exceeds 1.5 percent of the amount
appropriated to carry out this chapter for that fiscal
year.
(4) Basic pay defined.--In this subsection, the term
``basic pay'' includes any applicable locality-based
comparability payment under section 5304 of title 5 (or
similar provision of law) and any special rate of pay
under section 5305 of title 5 (or similar provision of
law).
(5) Annual report.--Not later than January 31, 2002,
and annually thereafter, the Board shall transmit to
the Senate Committee on Commerce, Science, and
Transportation and the House Transportation and
Infrastructure Committee a report identifying the total
amount of overtime payments made under this subsection
in the preceding fiscal year, and the number of
employees whose overtime pay under this subsection was
limited in that fiscal year as a result of the 15
percent limit established by paragraph (2).
(h) Investigative officers.--The Board shall maintain at
least 1 full-time employee in each State located more than
1,000 miles from the nearest Board regional office to provide
initial investigative response to accidents the Board is
empowered to investigate under this chapter that occur in that
State.
1114. Disclosure, availability, and use of information
(a) General.--
(1) Except as provided in subsections (b), (c), (d),
and (f) of this section, a copy of a record,
information, or investigation submitted or received by
the National Transportation Safety Board, or a member
or employee of the Board, shall be made available to
the public on 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.
(2) The Board shall deposit in the Treasury amounts
received under paragraph (1) to be credited to the
appropriation of the Board as offsetting collections.
[(b) Trade secrets.--] (b) Trade Secrets; Commercial or
Financial Information._(1) The Board may disclose information
submitted to the Board in the course of a Board investigation
or study and related to a trade secret referred to in section
1905 of [title 18] title 18, or commercial or financial
information, only--
(A) to another department, agency, or instrumentality
of the United States Government when requested for
official use;
(B) to a committee of Congress having jurisdiction
over the subject matter to which the information is
related, when requested by that committee;
(C) in a judicial proceeding under a court order that
preserves the confidentiality of the information
without impairing the proceeding; and
(D) to the public to protect health and [safety]
safety, including through the issuance of reports of
accident investigation or safety studies and safety
recommendations, after giving notice to any interested
person to whom the information is related and an
opportunity for that person to comment in writing, or
orally in closed session, on the proposed disclosure,
if the delay resulting from notice and opportunity for
comment would not be detrimental to health and safety.
(2) Information disclosed under subparagraphs (A) through (C)
of paragraph (1) of this subsection may be disclosed only in a
way designed to preserve its confidentiality.
(3) Protection of voluntary submission of information.
Notwithstanding any other provision of law, neither the Board,
nor any agency receiving information from the Board, shall
disclose voluntarily provided safety-related information if
that information is not related to the exercise of the Board's
accident or incident investigation authority under this chapter
and if the Board finds that the disclosure of the information
would inhibit the voluntary provision of that type of
information.
(4) Each person submitting to the Board trade secrets,
commercial or financial information, or information that could
be classified as controlled under the International Traffic in
Arms Regulations shall appropriately annotate the information
to indicate the restricted nature of the information in order
to facilitate proper handling of such materials by the Board
(c) Cockpit recordings and transcripts.--
(1) The Board may not disclose publicly any part of a
cockpit voice or video recorder recording or transcript
of oral communications by and between flight crew
members and ground stations related to an accident or
incident investigated by the Board. However, the Board
shall make public any part of a transcript or any
written depiction of visual information the Board
decides is relevant to the accident or incident--
(A) if the Board holds a public hearing on
the accident or incident, at the time of the
hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident or incident are
placed in the public docket.
(2) This subsection does not prevent the Board from
referring at any time to cockpit voice or video
recorder information in making safety recommendations.
(d) Surface vehicle recordings and transcripts.--
(1) Confidentiality of recordings.--The Board may not
disclose publicly any part of a surface vehicle voice
or video recorder recording or transcript of oral
communications by or among drivers, train employees, or
other operating employees responsible for the movement
and direction of the vehicle or vessel, or between such
operating employees and company communication centers,
related to an accident investigated by the Board.
However, the Board shall make public any part of a
transcript or any written depiction of visual
information that the Board decides is relevant to the
accident--
(A) if the Board holds a public hearing on
the accident, at the time of the hearing; or
(B) if the Board does not hold a public
hearing, at the time a majority of the other
factual reports on the accident are placed in
the public docket.
(2) References to information in making safety
recommendations.--This subsection does not prevent the
Board from referring at any time to voice or video
recorder information in making safety recommendations.
(e) Drug tests.--
(1) Notwithstanding section 503(e) of the
Supplemental Appropriations Act, 1987 (Public Law 100-
71, 101 Stat. 471), the Secretary of Transportation
shall provide the following information to the Board
when requested in writing by the Board:
(A) any report of a confirmed positive
toxicological test, verified as positive by a
medical review officer, conducted on an officer
or employee of the Department of Transportation
under post-accident, unsafe practice, or
reasonable suspicion toxicological testing
requirements of the Department, when the
officer or employee is reasonably associated
with the circumstances of an accident or
incident under the investigative jurisdiction
of the Board.
(B) any laboratory record documenting that
the test is confirmed positive.
(2) Except as provided by paragraph (3) of this
subsection, the Board shall maintain the
confidentiality of, and exempt from disclosure under
section 552(b)(3) of title 5--
(A) a laboratory record provided the Board
under paragraph (1) of this subsection that
reveals medical use of a drug allowed under
applicable regulations; and
(B) medical information provided by the
tested officer or employee related to the test
or a review of the test.
(3) The Board may use a laboratory record made
available under paragraph (1) of this subsection to
develop an evidentiary record in an investigation of an
accident or incident if--
(A) the fitness of the tested officer or
employee is at issue in the investigation; and
(B) the use of that record is necessary to
develop the evidentiary record.
(f) Foreign investigations.--
(1) In general.--Notwithstanding any other provision
of law, neither the Board, nor any agency receiving
information from the Board, [shall] may disclose
records or information relating to its participation in
foreign aircraft accident investigations; except that--
(A) the Board shall release records
pertaining to such an investigation when the
country conducting the investigation issues its
final report or 2 years following the date of
the accident, whichever occurs first; and
(B) the Board may disclose records and
information when authorized to do so by the
country conducting the investigation.
(2) Safety recommendations.--Nothing in this
subsection shall restrict the Board at any time from
referring to foreign accident investigation
[information] information, or other relevant
information authorized for disclosure under this
chapter, in making safety recommendations.
(g) Ongoing Board Investigations.--(1) Notwithstanding any
other provision of law, neither the Board, nor any agency
receiving information from the Board, may publicly disclose
records related to an ongoing Board investigation, and such
records shall be exempt from disclosure under section 552(b)(3)
of title 5. Notwithstanding the preceding sentence, the Board
may make public specific records relevant to the investigation,
release of which in the Board's judgment is necessary to
promote transportation safety--
(A) if the Board holds a public hearing on the
accident or incident, at the time of the hearing;
(B) if the Board does not hold a public hearing, at
the time the Board determines that substantial portions
of the underlying factual reports on the accident or
incident, and supporting evidence, will be placed in
the public docket; or
(C) if the Board determines during an ongoing
investigation or study that circumstances warrant
disclosure of specific factual material and that such
material need be placed in the public docket to
facilitate dialogue with other agencies or
instrumentalities, regulatory bodies, industry or
industry groups, or Congress.
(2) This subsection does not prevent the Board from referring
at any time to evidence from an ongoing investigation in making
safety recommendations.
(3) In this subsection, the term ``ongoing investigation''
means that period beginning at the time the Board is notified
of an accident or incident and ending when the Board issues a
final report or brief, or determines to close an investigation
without issuing a report or brief.
1115. Training
(a) Definition.--In this section, ``Institute'' means the
Transportation Safety Institute of the Department of
Transportation and any successor organization of the Institute.
(b) Use of Institute services.--The National Transportation
Safety Board may use, on a reimbursable basis, the services of
the Institute. The Secretary of Transportation shall make the
Institute available to--
(1) the Board for safety training of employees of the
Board in carrying out their duties and powers; and
(2) other safety personnel of the United States
Government, State and local governments, governments of
foreign countries, interstate authorities, and private
organizations the Board designates in consultation with
the Secretary.
(c) Fees.--
(1) Training at the Institute for safety personnel
(except employees of the Government) shall be provided
at a reasonable fee established periodically by the
Board in consultation with the Secretary. The fee shall
be paid directly to the Secretary, and the Secretary
shall deposit the fee in the Treasury. The amount of
the fee--
(A) shall be credited to the appropriate
appropriation (subject to the requirements of
any annual appropriation); and
(B) is an offset against any annual
reimbursement agreement between the Board and
the Secretary to cover all reasonable costs of
providing training under this subsection that
the Secretary incurs in operating the
Institute.
(2) The Board shall maintain an annual record of
offsets under paragraph (1)(B) of this subsection.
(d) Training of Board employees and others.--The Board may
conduct training of its employees in those subjects necessary
for the proper performance of accident [investigation.]
investigation, including investigation theory and techniques
and transportation safety, 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.] training or who influence
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.] collections under the
provisions of section 1118 of this chapter.
1116. Reports and studies
(a) Periodic reports.--The National Transportation Safety
Board shall report periodically to Congress, departments,
agencies, and instrumentalities of the United States Government
and State and local governmental authorities concerned with
transportation safety, and other interested persons. The report
shall--
(1) advocate meaningful responses to reduce the
likelihood of transportation accidents similar to those
investigated by the Board; and
(2) propose corrective action to make the
transportation of individuals as safe and free from
risk of injury as possible, including action to
minimize personal injuries that occur in transportation
accidents.
(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;
(2) examine techniques and methods of accident
investigation and periodically publish recommended
procedures for accident investigations;
[(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 and incidents that may be investigated by the
Board under this chapter;
(4) evaluate, examine the effectiveness of, and
publish the findings of the Board about the
transportation safety consciousness of other
departments, agencies, and instrumentalities of the
Government and their effectiveness in preventing
accidents; and
(5) evaluate the adequacy of safeguards and
procedures for the transportation of hazardous material
and the performance of other departments, agencies, and
instrumentalities of the Government responsible for the
safe transportation of that material.
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 are authorized to be appropriated for
the purposes of this chapter $100,000,000 for fiscal year 2010,
$105,000,000 for fiscal year 2011, $112,000,000 for fiscal year
2012, $118,000,000 for fiscal year 2013, and $124,000,000 for
fiscal year 2014. Such sums shall remain available until
expended.
(b) Emergency fund.--The Board has an emergency fund of
$2,000,000 available for necessary expenses of the Board, not
otherwise provided for, for accident investigations. In
addition, there are authorized to be appropriated such sums as
may be necessary to increase the fund to, and maintain the fund
at, a level not to exceed $4,000,000.
[(c) Fees, refunds, and reimbursements.--
[(1) In general.--The Board may impose and collect
such fees, refunds, and reimbursements as it determines
to be appropriate for services provided by or through
the Board.
[(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee,
refund, or reimbursement 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;
[(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; and
[(C) shall remain available until expended.
[(3) Refunds.--The Board may refund any fee paid by
mistake or any amount paid in excess of that required.]
(c) Fees, Refunds, Reimbursements, and Advances.--
(1) In general.--The Board may impose and collect
such fees, refunds, reimbursements, and advances as it
determines to be appropriate for activities, services,
and facilities provided by or through the Board.
(2) Receipts credited as offsetting collections.--
Notwithstanding section 3302 of title 31, any fee,
refund, reimbursement, or advance collected under this
subsection--
(A) shall be credited as offsetting
collections to the account that finances the
activities, services, or facilities for which
the fee, refund, reimbursement, or advance is
associated;
(B) shall be available for expenditure only
to pay the costs of activities, services, or
facilities for which the fee, refund,
reimbursement, or advance is associated; and
(C) shall remain available until expended.
(3) Record.--The Board shall maintain an annual
record of collections received under paragraph (2).
(4) Refunds.--The Board may refund any fee or advance
paid by mistake or any amount paid in excess of that
required.
* * * * * * *
SUBCHAPTER III. AUTHORITY
1131. General authority
(a) General.--(1) The National Transportation Safety Board
shall investigate or have investigated (in detail the Board
prescribes) and establish the facts, circumstances, and cause
or probable cause of--
(A) an aircraft accident the Board has authority to
investigate under section 1132 of this title or an
aircraft accident involving a public aircraft as
defined by section 40102(a)(37) of this title other
than an aircraft operated by the Armed Forces or by an
intelligence agency of the United States;
(B) a highway accident, including a railroad grade
crossing accident, the Board selects in cooperation
with a State;
[(C) a railroad accident in which there is a fatality
or substantial property damage, or that involves a
passenger train;]
(C) a freight or passenger railroad accident in which
there is a fatality (other than a fatality involving a
trespasser), substantial property damage, or
significant injury to the environment;
(D) a pipeline accident in which there is a fatality,
substantial property damage, or significant injury to
the environment;
(E) a major marine casualty (except a casualty
involving only public vessels) occurring on 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 or incident related to the
transportation of individuals or property when the
Board decides--
(i) the accident or incident is catastrophic;
(ii) the accident or incident involves
problems of a recurring character; or
(iii) the investigation of the accident or
incident would carry out this [chapter.]
chapter;
(G) an accident or incident in response to an
international request and delegation under appropriate
international conventions, coordinated through the
Department of State and accepted by the Board; and
(H) an incident or incidents significantly affecting
transportation safety, as defined by the Board, under
rules and in such detail as the Board may prescribe.
(2)(A) Subject to the requirements of this paragraph, an
investigation by the Board under [paragraph (1)(A)-(D) or (F)]
any of subparagraphs (A) through (F) of paragraph (1) of this
subsection has priority over any investigation by another
department, agency, or instrumentality of the United States
Government. The Board shall provide for appropriate
participation by other departments, agencies, or
instrumentalities in the investigation. However, those
departments, agencies, or instrumentalities may not participate
in the decision of the Board about the probable cause of the
accident.
(B) If the Attorney General, in consultation with the
Chairman of the Board, determines and notifies the Board that
circumstances reasonably indicate that the accident may have
been caused by an intentional criminal act, the Board shall
relinquish investigative priority to the Federal Bureau of
Investigation. The relinquishment of investigative priority by
the Board shall not otherwise affect the authority of the Board
to continue its investigation under this section.
(C) If a Federal law enforcement agency suspects and notifies
the Board that an accident being investigated by the Board
under subparagraph (A), (B), (C), or (D) of paragraph (1) may
have been caused by an intentional criminal act, the Board, in
consultation with the law enforcement agency, shall take
necessary actions to ensure that evidence of the criminal act
is preserved.
(3) This section and sections 1113, 1116(b), 1133, and
1134(a) and (c)-(e) of this title do not affect the authority
of another department, agency, or instrumentality of the
Government to investigate an accident or incident under
applicable law or to obtain information directly from the
parties involved in, and witnesses to, the accident or
incident. 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.
(b) Accidents involving public vessels.--(1) The Board or the
head of the department in which the Coast Guard is operating
shall investigate and establish the facts, circumstances, and
cause or probable cause of a marine accident involving a public
vessel and any other vessel. The results of the investigation
shall be made available to the public.
(2) Paragraph (1) of this subsection and subsection (a)(1)(E)
of this section do not affect the responsibility, under another
law of the United States, of the head of the department in
which the Coast Guard is operating.
(c) Accidents not involving government misfeasance or
nonfeasance.--(1) When asked by the Board, the Secretary of
Transportation or the Secretary of the department in which the
Coast Guard is operating may--
(A) investigate an accident described under
subsection (a) or (b) of this section in which
misfeasance or nonfeasance by the Government has not
been alleged; and
(B) report the facts and circumstances of the
accident to the Board.
(2) The Board shall use the report in establishing cause or
probable cause of an accident described under subsection (a) or
(b) of this section.
(d) Accidents involving public aircraft.--The Board, in
furtherance of its investigative duties with respect to public
aircraft accidents under subsection (a)(1)(A) of this section,
shall have the same duties and powers as are specified for
civil aircraft accidents under sections 1132(a), 1132(b), and
1134(a), (b), (d), and (f) of this title.
(e) Accident and Incident reports.--The Board shall report on
the facts and circumstances of each accident or incident
investigated by it under subsection (a) or (b) of this section.
The Board shall make each report available to the public at
reasonable cost.
[1132. Civil aircraft accident investigations]
1132. Civil aircraft and maritime accident investigations
(a) General authority.--
(1) The National Transportation Safety Board shall
investigate or have investigated--
(A) each accident involving civil [aircraft;]
aircraft or a commercial space launch vehicle;
and
(B) with the participation of appropriate
military authorities, each accident involving
both military and civil aircraft.
(2) A person employed under section 1113(b)(1) of
this title that is conducting an investigation or
hearing about an aircraft accident has the same
authority to conduct the investigation or hearing as
the Board.
(b) Notification and reporting.--The Board shall prescribe
regulations governing the notification and reporting of
accidents involving civil aircraft.
(c) Participation of Secretary.--The Board shall provide for
the participation of the Secretary of Transportation in the
investigation of an aircraft accident under this chapter when
participation is necessary to carry out the duties and powers
of the Secretary. However, the Secretary may not participate in
establishing probable cause.
(d) Accidents involving only military aircraft.--If an
accident involves only military aircraft and a duty of the
Secretary is or may be involved, the military authorities shall
provide for the participation of the Secretary. In any other
accident involving only military aircraft, the military
authorities shall give the Board or Secretary information the
military authorities decide would contribute to the promotion
of air safety.
(e) Authority of Board Representative.--The Board may, with
the consent of the Secretary, delegate to the Department of
Transportation full authority to obtain the facts of any
aviation accident or incident the Board shall investigate, and
the on-scene representative of the Secretary shall have the
full authority of the Board to, on display of appropriate
credentials and written notice of inspection authority, enter
property where an aviation accident has occurred or wreckage
from the accident is located and do anything necessary to
gather evidence in support of a Board investigation, in
accordance with such rules as the Board may prescribe.
(f) Maritime accident investigations.--The Board may, with
the consent of the Secretary of the department in which the
Coast Guard is operating, delegate to the Coast Guard full
authority to obtain the facts of any maritime accident or
incident the Board shall investigate, and the on-scene
representative of the Commandant of the Coast Guard shall have
the full authority of the Board to, on display of appropriate
credentials and written notice of inspection authority, enter
property where a maritime accident has occurred or wreckage
from the accident is located and do anything necessary to
gather evidence in support of a Board investigation, in
accordance with such rules as the Board may prescribe.
* * * * * * *
1134. Inspections and autopsies
(a) Entry and inspection.--An [officer or employee of the
National Transportation Safety Board--] officer, employee, or
designee of the National Transportation Safety Board in the
conduct of any accident or incident investigation or study--
(1) on display of appropriate credentials and written
notice of inspection authority, may enter property
where a transportation accident has occurred or
wreckage from the accident is located and do anything
necessary to conduct an investigation; and
(2) during reasonable hours, may inspect any record,
process, control, or facility related to an accident
investigation under this chapter.
(b) Inspection, testing, preservation, and moving of aircraft
and parts.--
(1) In investigating an aircraft accident under this
chapter, the Board may inspect and test, to the extent
necessary, any civil aircraft, aircraft engine,
propeller, appliance, or property on an aircraft
involved in an accident in air commerce. The Board may
download or seize any recording device and recordings
and may require specific information only available
from the manufacturer to enable the Board to read and
interpret any flight parameter or navigation storage
device or media on board the accident aircraft. The
provisions of section 1114(b) of this chapter shall
apply to matters properly identified as trade secrets
or commercial or financial information.
(2) Any civil aircraft, aircraft engine, propeller,
appliance, or property on an aircraft involved in an
accident in air commerce shall be preserved, and may be
moved, only as provided by regulations of the Board.
(c) Avoiding unnecessary interference and preserving
evidence.--In carrying out subsection (a)(1) of this section,
an officer or employee may examine or test any vehicle, vessel,
rolling stock, track, or pipeline component. The officer or
employee may download or seize any recording device and
recordings, and may require the production of specific
information only available from the manufacturer to enable the
Board to read and interpret any operational parameter or
navigation storage device or media on board the accident
vehicle, vessel, or rolling stock. The provisions of section
1114(b) of this chapter shall apply to matters properly
identified as trade secrets or commercial or financial
information. The examination or test shall be conducted in a
way that--
(1) does not interfere unnecessarily with
transportation services provided by the owner or
operator of the vehicle, vessel, rolling stock, track,
or pipeline component; and
(2) to the maximum extent feasible, preserves
evidence related to the accident, consistent with the
needs of the investigation and with the cooperation of
that owner or operator.
(d) Exclusive authority of Board.--Only the Board has the
authority to decide on the way in which testing under this
section will be conducted, including decisions on the person
that will conduct the test, the type of test that will be
conducted, and any individual who will witness the test. Those
decisions are committed to the discretion of the Board. The
Board shall make any of those decisions based on the needs of
the investigation being conducted and, when applicable,
subsections (a), (c), and (e) of this section.
(e) Promptness of tests and availability of results.--An
inspection, examination, or test under subsection (a) or (c) of
this section shall be started and completed promptly, and the
results shall be made available.
(f) Autopsies.--
(1) The Board may order an autopsy to be performed
and have other tests made when necessary to investigate
an accident under this chapter. However, local law
protecting religious beliefs related to autopsies shall
be observed to the extent consistent with the needs of
the accident investigation.
(2) With or without reimbursement, the Board may
obtain a copy of an autopsy report performed by a State
or local official on an individual who died because of
a transportation accident investigated by the Board
under this chapter.
* * * * * * *
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.
(b) Responsibility of Comptroller General.--The Comptroller
General shall evaluate and audit Board programs, operations,
and activities, including--
(1) information management and security, including
privacy protection of personally identifiable
information;
(2) resource management;
(3) workforce development;
(4) procurement and contracting planning, practices
and policies;
(5) the extent to which the Board follows leading
practices in selected management areas; and
(6) the extent to which the Board addresses
management challenges in completing accident
investigations.
(c) Appropriate congressional committees.--For purposes of
this section the term ``appropriate congressional committees''
means the Committee on Commerce, Science and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives.
* * * * * * *
SUBCHAPTER IV. ENFORCEMENT AND PENALTIES
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
(B) a cockpit or surface vehicle recorder
recording.
(2)(A) Except as provided in paragraph (4)(A) of this
subsection, a court may allow discovery by a party of a
cockpit or surface vehicle recorder transcript if,
after an in camera review of the transcript, the court
decides that--
(i) the part of the transcript made available
to the public under section 1114(c) or 1114(d)
of this title does not provide the party with
sufficient information for the party to receive
a fair trial; and
(ii) discovery of additional parts of the
transcript is necessary to provide the party
with sufficient information for the party to
receive a fair trial.
(B) A court may allow discovery, or require
production for an in camera review, of a cockpit or
surface vehicle recorder transcript that the Board has
not made available under section 1114(c) or 1114(d) of
this title only if the cockpit or surface vehicle
recorder recording is not available.
(3) Except as provided in paragraph (4)(A) of this
subsection, a court may allow discovery by a party of a
cockpit or surface vehicle recorder recording if, after
an in camera review of the recording, the court decides
that--
(A) the parts of the transcript made
available to the public under section 1114(c)
or 1114(d) of this title and to the party
through discovery under paragraph (2) of this
subsection do not provide the party with
sufficient information for the party to receive
a fair trial; and
(B) discovery of the cockpit or surface
vehicle recorder recording is necessary to
provide the party with sufficient information
for the party to receive a fair trial.
(4)(A) When a court allows discovery in a judicial
proceeding of a part of a cockpit or surface vehicle
recorder transcript not made available to the public
under section 1114(c) or 1114(d) of this title or a
cockpit or surface vehicle recorder recording, the
court shall issue a protective order--
(i) to limit the use of the part of the
transcript or the recording to the judicial
proceeding; and
(ii) to prohibit dissemination of the part of
the transcript or the recording to any person
that does not need access to the part of the
transcript or the recording for the proceeding.
(B) A court may allow a part of a cockpit or
surface vehicle recorder transcript not made
available to the public under section 1114(c)
or 1114(d) of this title or a cockpit or
surface vehicle recorder recording to be
admitted into evidence in a judicial
proceeding, only if the court places the part
of the transcript or the recording under seal
to prevent the use of the part of the
transcript or the recording for purposes other
than for the proceeding.
(5) This subsection does not prevent the Board from
referring at any time to cockpit or surface vehicle
recorder information in making safety recommendations.
(6) In this subsection:
(A) Recorder.--The term ``recorder'' means a
voice or video recorder.
(B) Transcript.--The term ``transcript''
includes any written depiction of visual
information obtained from a video recorder.
(b) Reports.--No part of a report of the Board, related to an
accident or an investigation of an accident, may be admitted
into evidence or used in a civil action for damages resulting
from a matter mentioned in the report.
* * * * * * *
SUBTITLE VII. AVIATION PROGRAMS
PART A. AIR COMMERCE AND SAFETY
SUBPART II. ECONOMIC REGULATION
CHAPTER 411. AIR CARRIER CERTIFICATES
41113. Plans to address needs of families of passengers involved in
aircraft accidents
(a) Submission of plans.--Each air carrier holding a
certificate of public convenience and necessity under section
41102 of this title shall submit to the Secretary and the
Chairman of the National Transportation Safety Board a plan for
addressing the needs of the families of passengers involved in
any aircraft accident involving an aircraft of the air carrier
and resulting in a major loss of life.
(b) Contents of plans.--A plan to be submitted by an air
carrier under subsection (a) shall include, at a minimum, the
following:
(1) A plan for publicizing a reliable, toll-free
telephone number, and for providing staff, to handle
calls from the families of the passengers.
(2) A process for notifying the families of the
passengers, before providing any public notice of the
names of the passengers, either by utilizing the
services of the organization designated for the
accident under section 1136(a)(2) of this title or the
services of other suitably trained individuals.
(3) An assurance that the notice described in
paragraph (2) will be provided to the family of a
passenger as soon as the air carrier has verified that
the passenger was aboard the aircraft (whether or not
the names of all of the passengers have been verified)
and, to the extent practicable, in person.
(4) An assurance that the air carrier will provide to
the director of family support services designated for
the accident under section 1136(a)(1) of this title,
and to the organization designated for the accident
under section 1136(a)(2) of this title, immediately
upon request, a list (which is based on the best
available information at the time of the request) of
the names of the passengers aboard the aircraft
(whether or not such names have been verified), and
will periodically update the list.
(5) An assurance that the family of each passenger
will be consulted about the disposition of all remains
and personal effects of the passenger within the
control of the air carrier.
(6) An assurance that if requested by the family of a
passenger, any possession of the passenger within the
control of the air carrier (regardless of its
condition) will be returned to the family unless the
possession is needed for the accident investigation or
any criminal investigation.
(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.]
months and that, prior to destruction of unclaimed
possessions, a reasonable attempt will be made to
notify the family of each passenger within 60 days of
any planned destruction date.
(8) An assurance that the family of each passenger
will be consulted about construction by the air carrier
of any monument to the passengers, including any
inscription on the monument.
(9) An assurance that the treatment of the families
of nonrevenue passengers (and any other victim of the
accident) will be the same as the treatment of the
families of revenue passengers.
(10) An assurance that the air carrier will work with
any organization designated under section 1136(a)(2) of
this title on an ongoing basis to ensure that families
of passengers receive an appropriate level of services
and assistance following each accident.
(11) An assurance that the air carrier will provide
reasonable compensation to any organization designated
under section 1136(a)(2) of this title for services
provided by the organization.
(12) An assurance that the air carrier will assist
the family of a passenger in traveling to the location
of the accident and provide for the physical care of
the family while the family is staying at such
location.
(13) An assurance that the air carrier will commit
sufficient resources to carry out the plan.
(14) An assurance that, upon request of the family of
a passenger, the air carrier will inform the family of
whether the passenger's name appeared on a preliminary
passenger manifest for the flight involved in the
accident.
(15) An assurance that the air carrier will provide
adequate training to the employees and agents of the
carrier to meet the needs of survivors and family
members following an accident.
(16) An assurance that the air carrier, in the event
that the air carrier volunteers assistance to United
States citizens within the United States with respect
to an aircraft accident outside the United States
involving major loss of life, will consult with the
Board and the Department of State on the provision of
the assistance.
(17)(A) An assurance that, in the case of an accident
that results in significant damage to a manmade
structure or other property on the ground that is not
government-owned, the air carrier will promptly provide
notice, in writing, to the extent practicable, directly
to the owner of the structure or other property about
liability for any property damage and means for
obtaining compensation.
(B) At a minimum, the written notice shall advise an
owner (i) to contact the insurer of the property as the
authoritative source for information about coverage and
compensation; (ii) to not rely on unofficial
information offered by air carrier representatives
about compensation by the air carrier for accident-site
property damage; and (iii) to obtain photographic or
other detailed evidence of property damage as soon as
possible after the accident, consistent with
restrictions on access to the accident site.
(18) An assurance that, in the case of an accident in
which the National Transportation Safety Board conducts
a public hearing or comparable proceeding at a location
greater than 80 miles from the accident site, the air
carrier will ensure that the proceeding is made
available simultaneously by electronic means at a
location open to the public at both the origin city and
destination city of the air carrier's flight if that
city is located in the United States.
(c) Certificate requirement.--The Secretary may not approve
an application for a certificate of public convenience and
necessity under section 41102 of this title unless the
applicant has included as part of such application a plan that
meets the requirements of subsection (b).
(d) Limitation on liability.--An air carrier shall not be
liable for damages in any action brought in a Federal or State
court arising out of the performance of the air carrier in
preparing or providing a passenger list, or in providing
information concerning a preliminary passenger manifest,
pursuant to a plan submitted by the air carrier under
subsection (b), unless such liability was caused by conduct of
the air carrier which was grossly negligent or which
constituted intentional misconduct.
(e) Aircraft accident and passenger defined.--In this
section, the terms ``aircraft accident'' and ``passenger'' have
the meanings such terms have in section 1136 of this title.
(f) Statutory construction.--Nothing in this section may be
construed as limiting the actions that an air carrier may take,
or the obligations that an air carrier may have, in providing
assistance to the families of passengers involved in an
aircraft accident.
CHAPTER 413. FOREIGN AIR TRANSPORTATION
41313. Plans to address needs of families of passengers involved in
foreign air carrier accidents
(a) Definitions.--In this section, the following definitions
apply:
(1) Aircraft accident.--The term ``aircraft
accident'' means any aviation disaster, regardless of
its cause or suspected cause, that occurs within the
United States; and
(2) Passenger.--The term ``passenger'' has the
meaning given such term by section 1136.
(b) Submission of plans.--A foreign air carrier providing
foreign air transportation under this chapter shall transmit to
the Secretary of Transportation and the Chairman of the
National Transportation Safety Board a plan for addressing the
needs of the families of passengers involved in an aircraft
accident that involves an aircraft under the control of the
foreign air carrier and results in a major loss of life.
(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) Telephone number.--A plan for publicizing a
reliable, toll-free telephone number and staff to take
calls to such number from families of passengers
involved in an aircraft accident that involves an
aircraft under the control of the foreign air carrier
and results in a significant loss of life.
(2) Notification of families.--A process for
notifying, in person to the extent practicable, the
families of passengers involved in an aircraft accident
that involves an aircraft under the control of the
foreign air carrier and results in a significant loss
of life before providing any public notice of the names
of such passengers. Such notice shall be provided by
using the services of--
(A) the organization designated for the
accident under section 1136(a)(2); or
(B) other suitably trained individuals.
(3) Notice provided as soon as possible.--An
assurance that the notice required by paragraph (2)
shall be provided as soon as practicable after the
foreign air carrier has verified the identity of a
passenger on the foreign aircraft, whether or not the
names of all of the passengers have been verified.
(4) List of passengers.--An assurance that the
foreign air carrier shall provide, immediately upon
request, and update a list (based on the best available
information at the time of the request) of the names of
the passengers aboard the aircraft (whether or not such
names have been verified), to--
(A) the director of family support services
designated for the accident under section
1136(a)(1); and
(B) the organization designated for the
accident under section 1136(a)(2).
(5) Consultation regarding disposition of remains and
effects.--An assurance that the family of each
passenger will be consulted about the disposition of
any remains and personal effects of the passenger that
are within the control of the foreign air carrier.
(6) Return of possessions.--An assurance that, if
requested by the family of a passenger, any possession
(regardless of its condition) of that passenger that is
within the control of the foreign air carrier will be
returned to the family unless the possession is needed
for the accident investigation or a criminal
investigation.
(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.] accident and that,
prior to destruction of unclaimed possessions, a
reasonable attempt will be made to notify the family of
each passenger within 60 days of any planned
destruction date.
(8) Monuments.--An assurance that the family of each
passenger will be consulted about construction by the
foreign air carrier of any monument to the passengers
built in the United States, including any inscription
on the monument.
(9) Equal treatment of passengers.--An assurance that
the treatment of the families of nonrevenue passengers
will be the same as the treatment of the families of
revenue passengers.
(10) Service and assistance to families of
passengers.--An assurance that the foreign air carrier
will work with any organization designated under
section 1136(a)(2) on an ongoing basis to ensure that
families of passengers receive an appropriate level of
services and assistance following an accident.
(11) Compensation to service organizations.--An
assurance that the foreign air carrier will provide
reasonable compensation to any organization designated
under section 1136(a)(2) for services and assistance
provided by the organization.
(12) Travel and care expenses.--An assurance that the
foreign air carrier will assist the family of any
passenger in traveling to the location of the accident
and provide for the physical care of the family while
the family is staying at such location.
(13) Resources for plan.--An assurance that the
foreign air carrier will commit sufficient resources to
carry out the plan.
(14) Substitute measures.--If a foreign air carrier
does not wish to comply with paragraph (10), (11), or
(12), a description of proposed adequate substitute
measures for the requirements of each paragraph with
which the foreign air carrier does not wish to comply.
(15) Training of employees and agents.--An assurance
that the foreign air carrier will provide adequate
training to the employees and agents of the carrier to
meet the needs of survivors and family members
following an accident.
(16) Consultation on carrier response not covered by
plan.--An assurance that the foreign air carrier, in
the event that the foreign air carrier volunteers
assistance to United States citizens within the United
States with respect to an aircraft accident outside the
United States involving major loss of life, the foreign
air carrier will consult with the Board and the
Department of State on the provision of the assistance.
(17) Notice concerning liability for manmade
structures.--
(A) In general.--An assurance that, in the
case of an accident that results in significant
damage to a manmade structure or other property
on the ground that is not government-owned, the
foreign air carrier will promptly provide
notice, in writing, to the extent practicable,
directly to the owner of the structure or other
property about liability for any property
damage and means for obtaining compensation.
(B) Minimum contents.--At a minimum, the
written notice shall advise an owner (i) to
contact the insurer of the property as the
authoritative source for information about
coverage and compensation; (ii) to not rely on
unofficial information offered by foreign air
carrier representatives about compensation by
the foreign air carrier for accident-site
property damage; and (iii) to obtain
photographic or other detailed evidence of
property damage as soon as possible after the
accident, consistent with restrictions on
access to the accident site.
(18) Simultaneous electronic transmission of NTSB
hearing.--An assurance that, in the case of an accident
in which the National Transportation Safety Board
conducts a public hearing or comparable proceeding at a
location greater than 80 miles from the accident site,
the foreign air carrier will ensure that the proceeding
is made available simultaneously by electronic means at
a location open to the public at both the origin city
and destination city of the foreign air carrier's
flight if that city is located in the United States.
(d) Permit and exemption requirement.--The Secretary shall
not approve an application for a permit under section 41302
unless the applicant has included as part of the application or
request for exemption a plan that meets the requirements of
subsection (c).
(e) Limitation on liability.--A foreign air carrier shall not
be liable for damages in any action brought in a Federal or
State court arising out of the performance of the foreign air
carrier in preparing or providing a passenger list pursuant to
a plan submitted by the foreign air carrier under subsection
(c), unless the liability was caused by conduct of the foreign
air carrier which was grossly negligent or which constituted
intentional misconduct.