Report text available as:

  • TXT
  • PDF   (PDF provides a complete and accurate display of this text.) Tip ?
[House Report 111-613]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
  2d Session               HOUSE OF REPRESENTATIVES             111-613
=======================================================================
 
    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.
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \5\Supra note 3. The NTSB reports that 38 percent of these 
recommendations have pertained to aviation safety.
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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\
---------------------------------------------------------------------------
    \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).
---------------------------------------------------------------------------
    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.